[House Report 112-397]
[From the U.S. Government Publishing Office]
112th Congress
2d Session HOUSE OF REPRESENTATIVES Report
112-397
_______________________________________________________________________
AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012
----------
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
together with
DISSENTING VIEWS
[to accompany h.r. 7]
February 13, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012
112th Congress
2d Session HOUSE OF REPRESENTATIVES Report
112-397
_______________________________________________________________________
AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012
__________
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
together with
DISSENTING VIEWS
[to accompany h.r. 7]
February 13, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-397
======================================================================
AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012
_______
February 13, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Mica, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 7]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 7) to authorize funds for Federal-
aid highway, public transportation, and highway and motor
carrier safety programs, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of the Legislation and Summary........................... 225
Background and Need for the Legislation.......................... 225
Legislative History.............................................. 233
Hearings......................................................... 236
Committee Consideration.......................................... 237
Committee Votes.................................................. 237
Committee Oversight Findings..................................... 257
New Budget Authority and Tax Expenditures........................ 257
Congressional Budget Office Cost Estimate........................ 257
Performance Goals and Objectives................................. 265
Advisory on Earmarks............................................. 265
Section-by-Section Analysis...................................... 265
Changes in Existing Law Made by the Bill, as Reported............ 343
Disenting Views.................................................. 958
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Energy
and Infrastructure Jobs Act of 2012''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
Sec. 3. Effective date.
TITLE I--FEDERAL-AID HIGHWAYS
Sec. 1001. Amendments to title 23, United States Code.
Subtitle A--Authorization of Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Highway obligation ceiling.
Sec. 1103. Alternative Transportation Account obligation ceiling.
Sec. 1104. Apportionment.
Sec. 1105. Federal-aid systems.
Sec. 1106. National Highway System program.
Sec. 1107. Surface transportation program.
Sec. 1108. Congestion mitigation and air quality improvement program.
Sec. 1109. Equity bonus program.
Sec. 1110. Project approval and oversight.
Sec. 1111. Emergency relief.
Sec. 1112. Uniform transferability of Federal-aid highway funds.
Sec. 1113. Ferry boats and ferry terminal facilities.
Sec. 1114. National highway bridge and tunnel inventory and inspection
program.
Sec. 1115. Minimum investment in highway bridges.
Sec. 1116. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1117. Puerto Rico highway program.
Sec. 1118. Appalachian development highway system.
Sec. 1119. References to Mass Transit Account.
Subtitle B--Innovative Financing
Sec. 1201. Transportation infrastructure finance and innovation.
Sec. 1202. State infrastructure bank program.
Sec. 1203. State infrastructure bank capitalization.
Sec. 1204. Tolling.
Sec. 1205. HOV facilities.
Sec. 1206. Public-private partnerships.
Subtitle C--Highway Safety
Sec. 1301. Highway safety improvement program.
Sec. 1302. Railway-highway crossings.
Sec. 1303. Highway worker safety.
Subtitle D--Freight Mobility
Sec. 1401. National freight policy.
Sec. 1402. State freight advisory committees.
Sec. 1403. State freight plans.
Sec. 1404. Trucking productivity.
Sec. 1405. Study with respect to truck sizes and weights.
Sec. 1406. Maximum weight increase for idle reduction technology on
heavy duty vehicles.
Subtitle E--Federal Lands and Tribal Transportation
Sec. 1501. Federal lands and tribal transportation programs.
Sec. 1502. Definitions.
Sec. 1503. Conforming amendments.
Sec. 1504. Repeals; effective date.
Sec. 1505. Clerical amendment.
Sec. 1506. Tribal transportation self-governance program.
Subtitle F--Program Elimination and Consolidation
Sec. 1601. Program elimination and consolidation.
Subtitle G--Miscellaneous
Sec. 1701. Transportation enhancement activity defined.
Sec. 1702. Pavement markings.
Sec. 1703. Rest areas.
Sec. 1704. Justification reports for access points on the Interstate
System.
Sec. 1705. Patented or proprietary items.
Sec. 1706. Preventive maintenance.
Sec. 1707. Mapping.
Sec. 1708. Funding flexibility for transportation emergencies.
Sec. 1709. Budget justification.
Sec. 1710. Extension of over-the-road bus and public transit vehicle
exemption from axle weight restrictions.
Sec. 1711. Repeal of requirement for Interstate System designation.
Sec. 1712. Retroreflectivity.
Sec. 1713. Engineering judgment.
Sec. 1714. Evacuation routes.
Sec. 1715. Truck parking.
Sec. 1716. Use of certain administrative expenses.
Sec. 1717. Transportation training and employment programs.
Sec. 1718. Engineering and design services.
Sec. 1719. Notice of certain grant awards.
Sec. 1720. Miscellaneous parking amendments.
Sec. 1721. Highway Buy America provisions.
Sec. 1722. Veterans preference in highway construction.
Sec. 1723. Real-time ridesharing.
Sec. 1724. State autonomy for culvert pipe selection.
Sec. 1725. Equal opportunity assessment.
TITLE II--PUBLIC TRANSPORTATION
Sec. 2001. Short title; amendments to title 49, United States Code.
Sec. 2002. Definitions.
Sec. 2003. Planning programs.
Sec. 2004. Private enterprise participation.
Sec. 2005. Urbanized area formula grants.
Sec. 2006. Capital investment grants.
Sec. 2007. Bus and bus facilities formula grants.
Sec. 2008. Rural area formula grants.
Sec. 2009. Transit research.
Sec. 2010. Coordinated access and mobility program formula grants.
Sec. 2011. Training and technical assistance programs.
Sec. 2012. General provisions.
Sec. 2013. Contract requirements.
Sec. 2014. Veterans preference in transit construction.
Sec. 2015. Private sector participation.
Sec. 2016. Project management oversight.
Sec. 2017. State safety oversight.
Sec. 2018. Apportionment of appropriations for formula grants.
Sec. 2019. Fixed guideway modernization formula grants.
Sec. 2020. Authorizations.
Sec. 2021. Obligation limits.
Sec. 2022. Program elimination and consolidation.
Sec. 2023. Evaluation and report.
Sec. 2024. Transit Buy America provisions.
TITLE III--ENVIRONMENTAL STREAMLINING
Sec. 3001. Amendments to title 23, United States Code.
Sec. 3002. Declaration of policy.
Sec. 3003. Exemption in emergencies.
Sec. 3004. Advance acquisition of real property interests.
Sec. 3005. Standards.
Sec. 3006. Letting of contracts.
Sec. 3007. Elimination of duplication in historic preservation
requirements.
Sec. 3008. Funding threshold.
Sec. 3009. Efficient environmental reviews for project decisionmaking.
Sec. 3010. Disposal of historic properties.
Sec. 3011. Integration of planning and environmental review.
Sec. 3012. Development of programmatic mitigation plans.
Sec. 3013. State assumption of responsibility for categorical
exclusions.
Sec. 3014. Surface transportation project delivery program.
Sec. 3015. Program for eliminating duplication of environmental
reviews.
Sec. 3016. State performance of legal sufficiency reviews.
Sec. 3017. Categorical exclusions.
Sec. 3018. Environmental review process deadline.
Sec. 3019. Relocation assistance.
TITLE IV--TRANSPORTATION PLANNING
Sec. 4001. Transportation planning.
Sec. 4002. Special rules for small metropolitan planning organizations.
Sec. 4003. Financial plans.
Sec. 4004. Plan update.
Sec. 4005. State planning and research funding for title 23.
Sec. 4006. National Academy of Sciences study.
Sec. 4007. Congestion relief.
TITLE V--HIGHWAY SAFETY
Sec. 5001. Amendments to title 23, United States Code.
Sec. 5002. Authorization of appropriations.
Sec. 5003. Highway safety programs.
Sec. 5004. Use of certain funds made available for administrative
expenses.
Sec. 5005. Repeal of programs.
Sec. 5006. Discovery and admission as evidence of certain reports and
surveys.
Sec. 5007. Prohibition on funds to check helmet usage or create
checkpoints for a motorcycle driver or passenger.
Sec. 5008. National Driver Register.
TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY
Sec. 6001. Short title.
Sec. 6002. Amendments to title 49, United States Code.
Subtitle A--Authorization of Appropriations
Sec. 6101. Motor carrier safety grants.
Sec. 6102. Grant programs.
Subtitle B--Registration
Sec. 6201. Registration requirements.
Sec. 6202. Motor carrier registration.
Sec. 6203. Registration of freight forwarders and brokers.
Sec. 6204. Effective periods of registration.
Sec. 6205. Reincarnated carriers.
Sec. 6206. Financial security of brokers and freight forwarders.
Sec. 6207. Registration fee system.
Sec. 6208. Unlawful brokerage activities.
Sec. 6209. Requirement for registration and USDOT number.
Subtitle C--Commercial Motor Vehicle Safety
Sec. 6301. Motor carrier safety assistance program.
Sec. 6302. Performance and registration information systems management
program.
Sec. 6303. Commercial vehicle information systems and networks
deployment grants.
Sec. 6304. Commercial motor vehicle safety inspection programs.
Sec. 6305. Amendments to safety fitness determination.
Sec. 6306. New entrant carriers.
Sec. 6307. Improved oversight of motor carriers of passengers.
Sec. 6308. Driver medical qualifications.
Sec. 6309. Commercial motor vehicle safety standards.
Sec. 6310. Crash avoidance technology.
Sec. 6311. Expansion of collision mitigation study.
Subtitle D--Commercial Motor Vehicle Operators
Sec. 6401. National clearinghouse for records relating to alcohol and
controlled substances testing of commercial motor vehicle operators.
Sec. 6402. Commercial motor vehicle operator training.
Sec. 6403. Commercial driver's license program.
Sec. 6404. Commercial driver's license passenger endorsement
requirements.
Sec. 6405. Commercial driver's license hazardous materials endorsement
exemption.
Sec. 6406. Program to assist veterans to acquire commercial driver's
licenses.
Subtitle E--Motor Carrier Safety
Sec. 6501. Motor carrier transportation.
Sec. 6502. Hours of service study.
Sec. 6503. Electronic logging devices.
Sec. 6504. Motor Carrier Safety Advisory Committee.
Sec. 6505. Transportation of agricultural commodities and farm
supplies.
Sec. 6506. Exemption relating to transportation of grapes during
harvest periods.
Subtitle F--Miscellaneous
Sec. 6601. Exemptions from requirements for certain farm vehicles.
Sec. 6602. Technical correction.
Sec. 6603. Study of impact of regulations on small trucking companies.
Sec. 6604. Report on small trucking companies.
Sec. 6605. Rulemaking on road visibility of agricultural equipment.
Sec. 6606. Transportation of horses.
Sec. 6607. Regulatory review and revision.
Sec. 6608. Issuance of safety regulations.
Sec. 6609. Repeals.
TITLE VII--RESEARCH AND EDUCATION
Sec. 7001. Authorization of appropriations.
Sec. 7002. Obligation ceiling.
Sec. 7003. Definitions.
Sec. 7004. Surface transportation research, development, and
technology.
Sec. 7005. Research and development.
Sec. 7006. Technology and innovation deployment program.
Sec. 7007. Training and education.
Sec. 7008. State planning and research.
Sec. 7009. International highway transportation outreach program.
Sec. 7010. Surface transportation-environmental cooperative research
program.
Sec. 7011. Transportation research and development strategic planning.
Sec. 7012. National cooperative freight transportation research
program.
Sec. 7013. Future strategic highway research program.
Sec. 7014. National intelligent transportation systems program plan.
Sec. 7015. Use of funds for intelligent transportation systems
activities.
Sec. 7016. Intelligent transportation systems program goals and
purposes.
Sec. 7017. Intelligent transportation systems program general
authorities and requirements.
Sec. 7018. Intelligent transportation systems research and development.
Sec. 7019. Intelligent transportation systems national architecture and
standards.
Sec. 7020. National university transportation centers.
Sec. 7021. University transportation research.
Sec. 7022. Bureau of Transportation Statistics.
Sec. 7023. Administrative authority.
Sec. 7024. Technical and conforming amendments.
TITLE VIII--RAILROADS
Subtitle A--Repeals and Reforms of Intercity Passenger Rail Capital
Grant Programs
Sec. 8001. Capital grants for Class II and Class III railroads.
Sec. 8002. Congestion grants.
Sec. 8003. Intercity passenger rail capital grants to States.
Subtitle B--Amtrak Reforms
Sec. 8101. Authorization for Amtrak operating expenses.
Sec. 8102. Limitations on Amtrak authority.
Sec. 8103. Applicability of laws.
Sec. 8104. Inspector General of Amtrak.
Sec. 8105. Amtrak management accountability.
Sec. 8106. Amtrak food and beverage service.
Sec. 8107. Application of Buy America to Amtrak.
Subtitle C--Project Development and Review
Sec. 8201. Project development and review.
Subtitle D--Railroad Rehabilitation and Improvement Financing
Sec. 8301. Railroad rehabilitation and improvement financing.
Subtitle E--Positive Train Control
Sec. 8401. Positive train control.
Subtitle F--Regulatory Reform
Sec. 8501. Federal Railroad Administration regulations.
Subtitle G--Technical Corrections
Sec. 8601. Miscellaneous corrections, revisions, and repeals.
Subtitle H--Miscellaneous
Sec. 8701. Application of Buy America to intercity passenger rail
service corridors.
Sec. 8702. Prohibition on use of funds for California high-speed rail.
Sec. 8703. Disadvantaged business enterprises.
TITLE IX--HAZARDOUS MATERIAL TRANSPORTATION
Sec. 9001. Short title.
Sec. 9002. Amendment of title 49, United States Code.
Sec. 9003. Findings.
Sec. 9004. Purposes.
Sec. 9005. Definitions.
Sec. 9006. General regulatory authority.
Sec. 9007. Inspections of motor vehicles transporting radioactive
material.
Sec. 9008. Hazmat employee training requirements and grants.
Sec. 9009. Fees.
Sec. 9010. Motor carrier safety permits.
Sec. 9011. Planning and training grants, monitoring, and review.
Sec. 9012. Special permits and exclusions.
Sec. 9013. Hazardous material uniform motor carrier permit program.
Sec. 9014. International uniformity of standards and requirements.
Sec. 9015. Investigations.
Sec. 9016. Building partnerships for improved safety and system
performance.
Sec. 9017. Safety reporting.
Sec. 9018. Civil penalties.
Sec. 9019. Preemption.
Sec. 9020. Authorization of appropriations.
Sec. 9021. Electronic shipping papers pilot program.
Sec. 9022. Wetlines.
Sec. 9023. Product study.
TITLE X--WATERBORNE TRANSPORTATION
Sec. 10001. Sense of Congress on harbor maintenance.
Sec. 10002. Study and report on strategic ports.
TITLE XI--REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH RESTORATION
AND BOATING TRUST FUND
Sec. 11001. Short title.
Sec. 11002. Reauthorization and amendments to the Sport Fish
Restoration and Boating Trust Fund.
TITLE XII--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS
Sec. 12001. Short title; effective date.
Subtitle A--Federal-Aid Highways
Sec. 12101. Extension of Federal-aid highway programs.
Subtitle B--Extension of Highway Safety Programs
Sec. 12201. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 12202. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 12203. Additional programs.
Subtitle C--Public Transportation Programs
Sec. 12301. Allocation of funds for planning programs.
Sec. 12302. Special rule for urbanized area formula grants.
Sec. 12303. Allocating amounts for capital investment grants.
Sec. 12304. Apportionment of formula grants for other than urbanized
areas.
Sec. 12305. Apportionment based on fixed guideway factors.
Sec. 12306. Authorizations for public transportation.
Sec. 12307. Amendments to SAFETEA-LU.
TITLE XIII--ADDITIONAL TRANSPORTATION PROVISIONS
Sec. 13001. Audit of Union Station Redevelopment Corporation.
Sec. 13002. Prohibition on use of funds.
SEC. 2. GENERAL DEFINITIONS.
In titles I through XIII of this Act, the following definitions
apply:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, titles I through VII of this
Act, including the amendments made by those titles, shall take effect
on October 1, 2012.
TITLE I--FEDERAL-AID HIGHWAYS
SEC. 1001. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
Subtitle A--Authorization of Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) Highway Trust Fund.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Alternative
Transportation Account):
(1) National highway system program.--For the National
Highway System program under section 119 of title 23, United
States Code--
(A) $17,400,000,000 for fiscal year 2013;
(B) $17,600,000,000 for fiscal year 2014;
(C) $17,600,000,000 for fiscal year 2015; and
(D) $17,750,000,000 for fiscal year 2016.
(2) Surface transportation program.--For the surface
transportation program under section 133 of title 23, United
States Code--
(A) $10,500,000,000 for fiscal year 2013;
(B) $10,550,000,000 for fiscal year 2014;
(C) $10,600,000,000 for fiscal year 2015; and
(D) $10,750,000,000 for fiscal year 2016.
(3) Highway safety improvement program.--For the highway
safety improvement program under section 148 of title 23,
United States Code--
(A) $2,600,000,000 for fiscal year 2013;
(B) $2,605,000,000 for fiscal year 2014;
(C) $2,610,000,000 for fiscal year 2015; and
(D) $2,630,000,000 for fiscal year 2016.
(4) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code, $465,000,000 for each of fiscal years 2013 through
2016.
(5) Federal lands transportation program.--For the Federal
lands transportation program under section 203 of title 23,
United States Code, $535,000,000 for each of fiscal years 2013
through 2016.
(6) Recreational trails program.--For the recreational trails
program under section 206 of title 23, United States Code,
$85,000,000 for each of fiscal years 2013 through 2016.
(7) Appalachian development highway system program.--For the
Appalachian development highway system program under section
14501 of title 40, United States Code, $470,000,000 for each of
fiscal years 2013 through 2016.
(b) Alternative Transportation Account.--The following sums are
authorized to be appropriated out of the Alternative Transportation
Account of the Highway Trust Fund:
(1) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of title 23, United
States Code, $2,000,000,000 for each of fiscal years 2013
through 2016.
(2) Ferry boat and ferry terminal facilities program.--For
the ferry boat and ferry terminal facilities program under
section 147 of title 23, United States Code, $67,000,000 for
each of fiscal years 2013 through 2016.
(3) Puerto rico highway program.--For the Puerto Rico highway
program under section 165 of title 23, United States Code,
$150,000,000 for each of fiscal years 2013 through 2016.
(4) Territorial highway program.--For the territorial highway
program under section 215 of title 23, United States Code,
$50,000,000 for each of fiscal years 2013 through 2016.
(c) Disadvantaged Business Enterprises.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business
concern'' means a small business concern (as
the term is used in section 3 of the Small
Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business
concern'' does not include any concern or group
of concerns controlled by the same socially and
economically disadvantaged individual or
individuals that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $22,410,000, as adjusted annually by
the Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' means--
(i) women; and
(ii) any other socially and economically
disadvantaged individuals (as the term is used
in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting
regulations promulgated pursuant to that Act).
(2) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than
10 percent of the amounts made available for any program under
titles I, II, and VII of this Act and section 403(a) of title
23, United States Code, shall be expended through small
business concerns owned and controlled by socially and
economically disadvantaged individuals.
(3) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State,
including the location of the small business concerns
in the State; and
(B) notify the Secretary, in writing, of the
percentage of the small business concerns that are
controlled by--
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are
otherwise socially and economically
disadvantaged individuals.
(4) Uniform certification.--
(A) In general.--The Secretary shall establish
minimum uniform criteria for use by State governments
in certifying whether a concern qualifies as a small
business concern for the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(5) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(6) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an individual or entity to receive
funds made available under titles I, II, and VII of this Act
and section 403(a) of title 23, United States Code, if the
entity or person is prevented, in whole or in part, from
complying with paragraph (2) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (2) is unconstitutional.
SEC. 1102. HIGHWAY OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (f), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs authorized
from the Highway Trust Fund (other than the Alternative Transportation
Account) shall not exceed--
(1) $37,366,000,000 for fiscal year 2013;
(2) $37,621,000,000 for fiscal year 2014;
(3) $37,676,000,000 for fiscal year 2015; and
(4) $38,000,000,000 for fiscal year 2016.
(b) Exceptions.--The limitations under subsection (a) shall not apply
to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (Public
Law 97-134; 95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (Public Law 97-424; 96
Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(Public Law 100-17; 101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (Public Law 105-178; 112 Stat. 107) or
subsequent public laws for multiple years or to remain
available until used, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (Public Law 109-59; 119 Stat.
1248), to the extent that funds obligated in accordance with
that section were not subject to a limitation on obligations at
the time at which the funds were initially made available for
obligation; and
(12) section 105 of title 23, United States Code (as in
effect for fiscal years 2013 through 2016, but only in an
amount equal to $639,000,000 for each of such fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2013 through 2016, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for amounts authorized for
administrative expenses and programs by section 104(a) of title
23, United States Code;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available for Federal-aid highway and
highway safety construction programs for previous fiscal years
the funds for which are allocated by the Secretary;
(3) shall determine the ratio that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2); bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and highway safety
construction programs (other than sums authorized to be
appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for the fiscal year), less the
aggregate of amounts not distributed under paragraphs
(1) and (2);
(4)(A) shall distribute the obligation authority provided by
subsection (a) less the aggregate of amounts not distributed
under paragraphs (1) and (2), for section 14501 of title 40,
United States Code, so that the amount of obligation authority
available for that section is equal to the amount determined by
multiplying--
(i) the ratio determined under paragraph (3); by
(ii) the sums authorized to be appropriated for that
section for the fiscal year; and
(B) shall distribute $2,000,000,000 for section 105 of title
23, United States Code;
(5) shall distribute among the States the obligation
authority provided by subsection (a), less the aggregate
amounts not distributed under paragraphs (1) and (2) and the
amounts distributed under paragraph (4), for each of the
programs that are allocated by the Secretary under this Act and
title 23, United States Code (other than to programs to which
paragraph (1) applies), by multiplying--
(A) the ratio determined under paragraph (3); by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(6) shall distribute the obligation authority provided by
subsection (a), less the aggregate of amounts not distributed
under paragraphs (1) and (2) and the aggregate of amounts
distributed under paragraphs (4) and (5), for Federal-aid
highway and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but only
to the extent that the amounts apportioned for the equity bonus
program for the fiscal year are greater than $2,639,000,000,
and the Appalachian development highway system program) that
are apportioned by the Secretary under this Act and title 23,
United States Code, in the ratio that--
(A) amounts authorized to be appropriated for the
programs that are apportioned to each State for the
fiscal year; bear to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned to
all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2013 through 2016--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under section
104 of title 23, United States Code, and section 144 of such
title (as in effect on the day before the date of enactment of
this Act).
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2013 through 2016, the Secretary shall
distribute to the States any funds that--
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States, and will not be available for obligation,
in the fiscal year due to the imposition of any
obligation limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same ratio as the distribution of obligation authority
under subsection (c)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purpose described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation authority
distributed for a fiscal year under subsection (c)(4) for the provision
specified in subsection (c)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
SEC. 1103. ALTERNATIVE TRANSPORTATION ACCOUNT OBLIGATION CEILING.
(a) In General.--Notwithstanding any other provision of law, the
total of all obligations from amounts made available from the
Alternative Transportation Account of the Highway Trust Fund for the
programs for which sums are authorized to be appropriated under
sections 1101(b) and 7001(a) of this Act shall not exceed
$2,707,000,000 for each of fiscal years 2013 through 2016.
(b) Availability of Funds.--Section 118(a) is amended--
(1) by striking ``Mass Transit Account'' and inserting
``Alternative Transportation Account''; and
(2) by inserting ``, and amounts made available from the
Alternative Transportation Account to carry out the congestion
mitigation and air quality improvement program under section
149, the ferry boat and ferry terminal facilities program under
section 147, the Puerto Rico highway program under section 165,
and the territorial highway program under section 215,'' before
``shall be available''.
SEC. 1104. APPORTIONMENT.
Section 104 is amended to read as follows:
``Sec. 104. Apportionment
``(a) Administrative Expenses.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Alternative
Transportation Account) to be made available to the Secretary
for administrative expenses of the Federal Highway
Administration $400,000,000 for each of fiscal years 2013
through 2016.
``(2) Purposes.--The funds made available under paragraph (1)
shall be used--
``(A) to administer the provisions of law to be
financed from appropriations for the Federal-aid
highway program and programs authorized under chapter
2; and
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian
Regional Commission for administrative activities
associated with the Appalachian development highway
system.
``(3) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
``(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the set-asides authorized by subsection (f),
subsections (b) and (c) of section 140, and section 130(e), shall
apportion the remainder of the sums authorized to be appropriated for
expenditure on the National Highway System program, the congestion
mitigation and air quality improvement program, the surface
transportation program, and the highway safety improvement program
among the several States in the following manner:
``(1) National highway system program.--
``(A) In general.--For the National Highway System
program, in accordance with the following formula:
``(i) 15 percent of the apportionments in the
ratio that--
``(I) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in each
State; bears to
``(II) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in all
States.
``(ii) 15 percent of the apportionments in
the ratio that--
``(I) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in all States.
``(iii) 5 percent of the apportionments in
the ratio that--
``(I) the quotient obtained by
dividing the total lane miles on
principal arterial highways in each
State by the total population of the
State; bears to
``(II) the quotient obtained by
dividing the total lane miles on
principal arterial highways in all
States by the total population of all
States.
``(iv) 15 percent of the apportionments in
the ratio that--
``(I) the total lane miles on
Interstate System routes open to
traffic in each State; bears to
``(II) the total lane miles on
Interstate System routes open to
traffic in all States.
``(v) 15 percent of the apportionments in the
ratio that--
``(I) the total vehicle miles
traveled on Interstate System routes
open to traffic in each State; bears to
``(II) the total vehicle miles
traveled on Interstate System routes
open to traffic in all States.
``(vi) 35 percent of the apportionments in
the ratio that--
``(I) the total of the annual
contributions to the Highway Trust Fund
(other than the Alternative
Transportation Account) attributable to
commercial vehicles in each State;
bears to
``(II) the total of the annual
contributions to the Highway Trust Fund
(other than the Alternative
Transportation Account) attributable to
commercial vehicles in all States.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned for a
fiscal year under this paragraph.
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, in the ratio that--
``(i) the total of all weighted nonattainment
and maintenance area populations in each State;
bears to
``(ii) the total of all weighted
nonattainment and maintenance area populations
in all States.
``(B) Calculation of weighted nonattainment and
maintenance area population.--Subject to subparagraph
(C), for the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area
in a State that was a nonattainment area or maintenance
area as described in section 149(b) for ozone or carbon
monoxide by a factor of--
``(i) 1.0 if, at the time of the
apportionment, the area is a maintenance area;
``(ii) 1.0 if, at the time of the
apportionment, the area is classified as a
marginal ozone nonattainment area under subpart
2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified as a
moderate ozone nonattainment area under such
subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified as a
serious ozone nonattainment area under such
subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified as a
severe ozone nonattainment area under such
subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified as an
extreme ozone nonattainment area under such
subpart;
``(vii) 1.0 if, at the time of the
apportionment, the area is not a nonattainment
or maintenance area as described in section
149(b) for ozone, but is classified under
subpart 3 of part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment area
described in section 149(b) for carbon
monoxide; or
``(viii) 1.0 if, at the time of the
apportionment, an area is designated as
nonattainment for ozone under subpart 1 of part
D of title I of such Act (42 U.S.C. 7501 et
seq.).
``(C) Additional adjustment for carbon monoxide
areas.--If, in addition to being designated as a
nonattainment or maintenance area for ozone as
described in section 149(b), any county within the area
was also classified under subpart 3 of part D of title
I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a
nonattainment or maintenance area described in section
149(b) for carbon monoxide, the weighted nonattainment
or maintenance area population of the county, as
determined under clauses (i) through (vi) or clause
(viii) of subparagraph (B), shall be further multiplied
by a factor of 1.2.
``(D) Minimum apportionment.--Notwithstanding any
other provision of this paragraph, each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned for a fiscal year under this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph,
the Secretary shall use the latest available annual
estimates prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation
program, in accordance with the following formula:
``(i) 15 percent of the apportionments in the
ratio that--
``(I) the total lane miles of
Federal-aid highways in each State;
bears to
``(II) the total lane miles of
Federal-aid highways in all States.
``(ii) 25 percent of the apportionments in
the ratio that--
``(I) the total vehicle miles
traveled on lanes on Federal-aid
highways in each State; bears to
``(II) the total vehicle miles
traveled on lanes on Federal-aid
highways in all States.
``(iii) 25 percent of the apportionments in
the ratio that--
``(I) the estimated tax payments
attributable to highway users in each
State paid into the Highway Trust Fund
(other than the Alternative
Transportation Account) in the latest
fiscal year for which data are
available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Alternative
Transportation Account) in the latest
fiscal year for which data are
available.
``(iv) 35 percent of the apportionments in
the ratio that--
``(I) the bridge replacement and
rehabilitation costs in each State (as
determined under subsection (c)(4));
bears to
``(II) the bridge replacement and
rehabilitation costs in all States (as
determined under subsection (c)(5)).
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned for a
fiscal year under this paragraph.
``[(4) Reserved.]
``(5) Highway safety improvement program.--
``(A) In general.--For the highway safety improvement
program, in accordance with the following formula:
``(i) 33\1/3\ percent of the apportionments
in the ratio that--
``(I) the total lane miles of
Federal-aid highways in each State;
bears to
``(II) the total lane miles of
Federal-aid highways in all States.
``(ii) 33\1/3\ percent of the apportionments
in the ratio that--
``(I) the total vehicle miles
traveled on lanes on Federal-aid
highways in each State; bears to
``(II) the total vehicle miles
traveled on lanes on Federal-aid
highways in all States.
``(iii) 33\1/3\ percent of the apportionments
in the ratio that--
``(I) the number of fatalities on
Federal-aid highways in each State in
the latest fiscal year for which data
are available; bears to
``(II) the number of fatalities on
Federal-aid highways in all States in
the latest fiscal year for which data
are available.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned for a
fiscal year under this paragraph.
``(c) Bridge Calculation.--For each fiscal year, the Secretary shall
determine the bridge replacement and rehabilitation costs as follows:
``(1) The Secretary shall identify deficient highway bridges
in each State.
``(2) The Secretary shall place each deficient highway bridge
into one of the following categories:
``(A) Federal-aid highway bridges eligible for
replacement.
``(B) Federal-aid highway bridges eligible for
rehabilitation.
``(C) Bridges not on Federal-aid highways eligible
for replacement.
``(D) Bridges not on Federal-aid highways eligible
for rehabilitation.
``(3) The Secretary shall determine--
``(A) the deck area of deficient highway bridges in
each category described in paragraph (2); and
``(B) the respective unit price of such deck area on
a State-by-State basis.
``(4) The Secretary shall determine the bridge replacement
and rehabilitation costs for each State by multiplying the deck
area of deficient bridges in the State by the respective unit
price.
``(5) The Secretary shall determine the bridge replacement
and rehabilitation costs for all States by multiplying the deck
area of deficient bridges in all States by the respective unit
price.
``(d) Certification of Apportionments.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall certify to each of the State transportation
departments the sums which the Secretary has apportioned under
this section to each State for such fiscal year. To permit the
States to develop adequate plans for the utilization of
apportioned sums, the Secretary shall advise each State of the
amount that will be apportioned each year under this section
not later than 90 days before the beginning of the fiscal year
for which the sums to be apportioned are authorized.
``(2) Notice to states.--If the Secretary has not made an
apportionment under this section or section 105 by the 21st day
of a fiscal year beginning after September 30, 2012, the
Secretary shall transmit, by such 21st day, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for not
making such apportionment in a timely manner.
``(e) Audits of Highway Trust Fund.--From administrative funds made
available under subsection (a), the Secretary may reimburse the Office
of Inspector General of the Department of Transportation for the
conduct of annual audits of financial statements in accordance with
section 3521 of title 31.
``(f) Metropolitan Planning.--
``(1) Set aside.--On October 1 of each fiscal year, the
Secretary shall set aside 1.15 percent of the funds authorized
to be appropriated for the National Highway System program and
surface transportation program authorized under this title to
carry out the requirements of section 5203 of title 49.
``(2) Apportionment to states of set-aside funds.--Funds set
aside under paragraph (1) shall be apportioned to the States in
the ratio which the population in urbanized areas, or parts
thereof, in each State bears to the total population in such
urbanized areas in all the States as shown by the latest
available census, except that no State shall receive less than
\1/2\ of 1 percent of the amount apportioned.
``(3) Use of funds.--
``(A) In general.--The funds apportioned to any State
under paragraph (2) shall be made available by the
State to the metropolitan planning organizations
responsible for carrying out the provisions of section
5203 of title 49, except that States receiving the
minimum apportionment under paragraph (2) may, in
addition, subject to the approval of the Secretary, use
the funds apportioned to finance transportation
planning outside of urbanized areas.
``(B) Unused funds.--Any funds that are not used to
carry out section 5203 of title 49 may be made
available by a metropolitan planning organization to
the State to fund activities under section 5204 of such
title.
``(4) Distribution of funds within states.--
``(A) In general.--The distribution within any State
of the planning funds made available to agencies under
paragraph (3) shall be in accordance with a formula
developed by each State and approved by the Secretary
that shall consider, but not necessarily be limited to,
population, status of planning, attainment of air
quality standards, metropolitan area transportation
needs, and other factors necessary to provide for an
appropriate distribution of funds to carry out the
requirements of section 5203 of title 49 and other
applicable requirements of Federal law.
``(B) Reimbursement.--Not later than 30 days after
the date of receipt by a State of a request for
reimbursement of expenditures made by a metropolitan
planning organization for carrying out section 5203 of
title 49, the State shall reimburse, from funds
distributed under this paragraph to the metropolitan
planning organization by the State, the metropolitan
planning organization for those expenditures.
``(5) Determination of population figures.--For the purposes
of determining population figures under this subsection, the
Secretary shall use the most recent estimate published by the
Secretary of Commerce.
``(g) Report to Congress.--For each fiscal year, the Secretary shall
submit to Congress, and also make available to the public in a user-
friendly format via the Internet, a report on--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal
year under this section and section 105;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105 and 133, according
to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographic area, including urbanized
and rural areas, on the basis of the population of each
such area.
``(h) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B), funds
made available under this title for transit projects or
transportation planning may be transferred to and
administered by the Secretary in accordance with
chapter 53 of title 49.
``(B) Non-federal share.--The provisions of this
title relating to the non-Federal share shall apply to
the funds transferred under subparagraph (A).
``(2) Transfer of transit funds for highway projects.--
``(A) In general.--Subject to subparagraph (B), funds
made available under chapter 53 of title 49 for highway
projects or transportation planning may be transferred
to and administered by the Secretary in accordance with
this title.
``(B) Non-federal share.--The provisions of chapter
53 of title 49 relating to the non-Federal share shall
apply to funds transferred under subparagraph (A).
``(3) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary, at the request of a State, may
transfer funds apportioned or allocated under this
title to the State to another State, or to the Federal
Highway Administration, for the purpose of funding one
or more projects that are eligible for assistance with
funds so apportioned or allocated.
``(B) Apportionment.--A transfer under subparagraph
(A) shall have no effect on any apportionment of funds
to a State under this section or section 105.
``(C) Surface transportation program.--Funds that are
apportioned or allocated to a State under subsection
(b)(3) and attributed to an urbanized area of a State
with a population of over 200,000 individuals under
section 133(d)(3) may be transferred under this
paragraph only if the metropolitan planning
organization designated for the area concurs, in
writing, with the transfer request.
``(4) Transfer of obligation authority.--Obligation authority
for funds transferred under this subsection shall be
transferred in the same manner and amount as the funds for the
projects that are transferred under this subsection.
``(i) Recreational Trails Program.--
``(1) Administrative costs.--Before apportioning sums
authorized to be appropriated to carry out the recreational
trails program under section 206, the Secretary shall deduct
for administrative, research, technical assistance, and
training expenses for such program $840,000 for each fiscal
year. The Secretary may enter into contracts with for-profit
organizations or contracts, partnerships, or cooperative
agreements with other government agencies, institutions of
higher learning, or nonprofit organizations to perform these
tasks.
``(2) Apportionment to the states.--The Secretary shall
apportion the sums authorized to be appropriated for
expenditure on the recreational trails program for each fiscal
year among eligible States in the following manner:
``(A) 50 percent equally among eligible States.
``(B) 50 percent in amounts proportionate to the
degree of non-highway recreational fuel use in each
eligible State during the preceding year.
``(3) Eligible state defined.--In this subsection, the term
`eligible State' means a State that meets the requirements of
section 206(c).''.
SEC. 1105. FEDERAL-AID SYSTEMS.
Section 103(b) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
inserting ``and the modifications to the system
approved by the Secretary before the date of enactment
of the American Energy and Infrastructure Jobs Act of
2012'' after ``1996''; and
(B) in subparagraph (C) by inserting ``and commerce''
before the period at the end;
(2) in paragraph (2)--
(A) in subparagraph (B) by inserting ``and border
crossings on such routes not included on the National
Highway System before the date of enactment of the
American Energy and Infrastructure Jobs Act of 2012''
before the period at the end; and
(B) in subparagraph (C) by inserting ``not included
on the National Highway System before the date of
enactment of the American Energy and Infrastructure
Jobs Act of 2012'' before the period at the end; and
(3) by striking paragraphs (6) and (7) and inserting the
following:
``(6) Requirement for state asset management plan for
national highway system.--
``(A) In general.--A State shall develop and
implement a risk-based State asset management plan for
managing all infrastructure assets in the right-of-way
corridor of the National Highway System based on a
process established by the Secretary. The process shall
require use of quality information and economic and
engineering analysis to identify a sequence of
maintenance, repair, and rehabilitation actions that
will achieve and maintain a desired state of good
repair over the lifecycle of the network at the least
possible cost.
``(B) Performance goals.--A State asset management
plan shall include strategies leading to a program of
projects that will make progress toward achievement of
the national goals for infrastructure condition and
performance of the National Highway System in a manner
consistent with the requirements of chapter 52 of title
49.
``(C) Plan contents.--A State asset management plan
shall be in a form that the Secretary determines to be
appropriate and shall include, at a minimum, the
following:
``(i) A summary listing of the highway
infrastructure assets on the National Highway
System in the State that includes current
condition and performance statistics by asset.
``(ii) Asset management objectives and
measures.
``(iii) Analysis of lifecycle cost, value for
investment, and risk management.
``(iv) A financial plan.
``(v) Investment strategies.
``(D) Process.--Not later than 2 years after the date
of enactment of the American Energy and Infrastructure
Jobs Act of 2012, the Secretary shall establish a
process by which a State shall develop and implement a
risk-based State asset management plan described in
subparagraph (A).
``(E) Compliance.--Notwithstanding section 120, with
respect to the second fiscal year beginning after the
date of establishment of the process under subparagraph
(D) or any subsequent fiscal year, if the Secretary
determines that a State has not developed and
implemented a State asset management plan in a manner
consistent with this section, the Federal share payable
on account of any project or activity carried out by
the State in that fiscal year under section 119 shall
be 70 percent.''.
SEC. 1106. NATIONAL HIGHWAY SYSTEM PROGRAM.
(a) In General.--Section 119 is amended to read as follows:
``Sec. 119. National Highway System program
``(a) Establishment.--The Secretary shall establish and implement a
National Highway System program under this section.
``(b) Purposes.--The purposes of the National Highway System program
shall be--
``(1) to provide support for the condition and operational
performance of the National Highway System;
``(2) to provide support for the construction of new
facilities on the National Highway System; and
``(3) to ensure that investments of National Highway System
program funds are directed to achievement of performance goals
established in a State's asset management plan for the National
Highway System under section 103(b)(6).
``(c) Eligible Facilities.--Except as otherwise specifically provided
by this section, to be eligible for funding apportioned under section
104(b)(1) to carry out this section, a facility must be located on the
National Highway System.
``(d) Eligible Projects.--Funds apportioned to a State to carry out
this section may be obligated only for a project that is--
``(1) on an eligible facility, as described in subsection
(c);
``(2) a project, or is a part of a program of projects,
supporting progress toward the achievement of national
performance goals under section 5206 of title 49 for improving
infrastructure condition, safety, mobility, or freight movement
on the National Highway System;
``(3) consistent with the requirements of sections 5203 and
5204 of title 49; and
``(4) for one or more of the purposes specified in subsection
(e).
``(e) Project Purposes.--A project receiving funding under this
section shall be for one or more of the following purposes:
``(1) Construction, reconstruction, resurfacing, restoration,
rehabilitation, preservation, or operational improvements of
segments of the National Highway System.
``(2) Construction, reconstruction, replacement (including
replacement with fill material), rehabilitation, preservation,
and protection (including scour countermeasures, seismic
retrofits, and impact protection measures) of bridges and
tunnels on the National Highway System.
``(3) Inspection and evaluation, as defined in section 151,
of bridges and tunnels on the National Highway System, or
inspection and evaluation of other highway infrastructure
assets on the National Highway System.
``(4) Training of bridge and tunnel inspectors, as defined in
section 151.
``(5) Rehabilitation or replacement of existing ferry boats
and ferry boat facilities, including approaches, that connect
road segments of the National Highway System.
``(6) Highway safety improvements for segments of the
National Highway System.
``(7) Capital and operating costs for traffic management and
traveler information monitoring, management, and control
facilities and programs for the National Highway System.
``(8) Infrastructure-based intelligent transportation systems
capital improvements for the National Highway System.
``(9) Development and implementation of a State asset
management plan for the National Highway System in accordance
with section 103(b), including data collection, maintenance,
and integration and the cost associated with obtaining,
updating, and licensing software and equipment required for
risk-based asset management and performance-based management.
``(10) Environmental mitigation efforts related to projects
funded under this section, as described in subsection (f).
``(11) Construction of publicly owned intracity or intercity
bus terminals.
``(12) Environmental restoration and pollution abatement
associated with a project funded under this section in
accordance with section 328.
``(f) Environmental Mitigation.--
``(1) Eligible activities.--Environmental mitigation efforts
referred to in subsection (e)(10) include--
``(A) participation in mitigation banking or other
third-party mitigation arrangements, such as--
``(i) the purchase of credits from commercial
mitigation banks;
``(ii) the establishment and management of
agency-sponsored mitigation banks; and
``(iii) the purchase of credits or
establishment of in-lieu fee mitigation
programs;
``(B) contributions to statewide and regional efforts
to conserve, restore, enhance, and create natural
habitats, wetlands, and other resources; and
``(C) the development of statewide and regional
environmental protection plans.
``(2) Inclusion of other activities.--The banks, efforts, and
plans described in paragraph (1) include any such banks,
efforts, and plans developed in accordance with applicable law
(including regulations).
``(3) Terms and conditions.--The following terms and
conditions apply to natural habitat and wetlands mitigation
efforts referred to in subsection (e)(10):
``(A) Contributions to the mitigation effort may take
place concurrent with, in advance of, or subsequent to
the construction of a project or projects.
``(B) Credits from any agency-sponsored mitigation
bank that are attributable to funding under this
section may be used only for projects funded under this
title unless the agency pays to the Secretary an amount
equal to the Federal funds attributable to the
mitigation bank credits the agency uses for purposes
other than mitigation of a project funded under this
title.
``(4) Preference.--At the discretion of the project sponsor,
preference shall be given, to the maximum extent practicable,
to mitigating an environmental impact through the use of a
mitigation bank or other third-party mitigation arrangement, if
the use of credits from the mitigation bank for the project is
approved by the applicable Federal agency.
``(g) Federal Share.--
``(1) In general.--Except as provided by paragraph (2), the
Federal share of the cost of a project payable from funds made
available to carry out this section shall be determined under
section 120(b).
``(2) Interstate system.--The Federal share of the cost of a
project on the Interstate System payable from funds made
available to carry out this section shall be determined under
section 120(a).''.
(b) Clerical Amendment.--The analysis for chapter 1 is
amended by striking the item relating to section 119 and
inserting the following:
``119. National Highway System program.''.
SEC. 1107. SURFACE TRANSPORTATION PROGRAM.
(a) Eligible Projects.--Section 133(b) is amended--
(1) by striking paragraphs (1) and (15);
(2) by redesignating paragraphs (2) through (14) as
paragraphs (5) through (17), respectively;
(3) by inserting before paragraph (5) (as so redesignated)
the following:
``(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, and operational
improvements for highways, including construction of designated
routes of the Appalachian Development Highway System.
``(2) Replacement (including replacement with fill material),
rehabilitation, preservation, and protection (including
painting, scour countermeasures, seismic retrofits, impact
protection measures, security countermeasures, and protection
against extreme events) for bridges and tunnels on public roads
of all functional classifications.
``(3) Construction of a new bridge or tunnel at a new
location on a Federal-aid highway.
``(4) Inspection and evaluation of bridges and tunnels and
training of bridge and tunnel inspectors (as defined in section
151), and inspection and evaluation of other highway assets
(including signs, retaining walls, and drainage structures).'';
and
(4) by striking paragraph (14) (as so redesignated) and
inserting the following:
``(14) Environmental mitigation efforts relating to projects
funded under this title in the same manner and to the same
extent as such activities are eligible under section 119(f).''.
(b) Location of Projects.--Section 133(c) is amended to read as
follows:
``(c) Location of Projects.--Except for projects described in
subsections (b)(2), (b)(6), and (b)(7), surface transportation program
projects may not be undertaken on roads functionally classified as
local or rural minor collectors unless the roads were on a Federal-aid
highway system on January 1, 1991, and except as approved by the
Secretary.''.
(c) Allocation of Apportioned Funds.--
(1) Repeal.--Section 133(d)(2) is repealed.
(2) Division between urbanized areas of over 200,000
population and other areas.--Section 133(d)(3) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i) by
striking ``62.5 percent of the remaining 90
percent'' and inserting ``50 percent''; and
(ii) in matter following clause (ii) by
striking ``37.5 percent'' and inserting ``50
percent''; and
(B) by adding at the end the following:
``(E) Consultation with rural planning
organizations.--For purposes of subparagraph (A)(ii),
before obligating funding attributed to an area with a
population greater than 5,000 and less than 200,000, a
State shall consult with the rural planning
organizations that represent the area, if any.''.
(3) Applicability of certain requirements to third party
sellers.--Section 133(d)(5)(A) is amended by striking ``funded
from the allocation required under paragraph (2)''.
(d) Administration.--Section 133(e)(3) is amended to read as follows:
``(3) Payments.--The Secretary shall make payments to a State
of costs incurred by the State for the surface transportation
program in accordance with procedures to be established by the
Secretary.''.
(e) Obligation Authority.--Section 133(f)(1) is amended--
(1) by striking ``2004 through 2006'' and inserting ``2011
through 2013''; and
(2) by striking ``2007 through 2009'' and inserting ``2014
through 2016''.
(f) Division of STP Funds for Areas of Less Than 5,000 Population.--
(1) Special rule.--Notwithstanding section 133(c) of title
23, United States Code, and except as provided in paragraph
(2), up to 15 percent of the amounts required to be obligated
by a State under section 133(d)(3)(B) of such title for each of
fiscal years 2013 through 2016 may be obligated on roads
functionally classified as minor collectors.
(2) Suspension.--The Secretary may suspend the application of
paragraph (1) with respect to a State if the Secretary
determines that the authority provided under paragraph (1) is
being used excessively by the State.
SEC. 1108. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Eligible Projects.--Section 149(b) is amended to read as follows:
``(b) Eligible Projects.--
``(1) In general.--
``(A) Requirements for obligation of funds.--A State
may obligate funds apportioned to the State under
section 104(b)(2) for a transportation project or
program if the project or program meets the
requirements of subparagraph (B) and (C).
``(B) Area served by project or program.--A project
or program meets the requirements of this subparagraph
if the project or program is for an area in the State
that--
``(i) is or was designated as a nonattainment
area for ozone, carbon monoxide, or particulate
matter under section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or 188(b) of
the Clean Air Act (42 U.S.C. 7511(a), 7512(a),
7513(a), or 7513(b));
``(ii) is or was designated as a
nonattainment area under such section 107(d)
after December 31, 1997; or
``(iii) is required to prepare, and file with
the Administrator of the Environmental
Protection Agency, maintenance plans under the
Clean Air Act (42 U.S.C. 7505a).
``(C) Purpose of project or program.--A project or
program meets the requirements of this subparagraph
if--
``(i) the Secretary, after consultation with
the Administrator, determines that--
``(I) on the basis of information
published by the Environmental
Protection Agency pursuant to section
108(f)(1)(A) of the Clean Air Act
(other than clause (xvi) of such
section), the project or program is
likely to contribute to--
``(aa) the attainment of a
national ambient air quality
standard; or
``(bb) the maintenance of a
national ambient air quality
standard in a maintenance area;
or
``(II) the project or program is part
of a program, method, or strategy
described in such section 108(f)(1)(A);
``(ii) the project or program is included in
a State implementation plan that has been
approved pursuant to the Clean Air Act and the
project will have air quality benefits;
``(iii) the Secretary, after consultation
with the Administrator, determines that the
project or program is likely to contribute to
the attainment of a national ambient air
quality standard through reductions in travel
time delay, vehicle miles traveled, or fuel
consumption or through other factors; or
``(iv) the Secretary determines that the
project or program is likely to contribute to
the mitigation of congestion.
``(2) Special rules.--
``(A) Projects resulting in new capacity for single
occupant vehicles.--A State may obligate funds
apportioned to the State under section 104(b)(2) for a
project or program that will result in the construction
of new capacity available to single occupant vehicles
only if the project or program is likely to contribute
to the mitigation of congestion or the improvement of
air quality.
``(B) Projects for pm-10 nonattainment areas.--A
State may obligate funds apportioned to the State under
section 104(b)(2) for a project or program for an area
that is nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation
activities, without regard to any limitation of the
Department of Transportation relating to the type of
ambient air quality standard such project or program
addresses.
``(C) Electric vehicle infrastructure.--A State may
obligate funds apportioned under section 104(b)(2) or
104(b)(3) for a project or program to establish or
support the establishment of electric vehicle battery
charging or changing facilities at any location in the
State. Such projects or programs may be carried out by
a State or local agency or through a public-private
partnership.''.
(b) Cost-Effective Emission Reduction Guidance.--Section 149 is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
SEC. 1109. EQUITY BONUS PROGRAM.
Section 105 is amended to read as follows:
``Sec. 105. Equity bonus program
``(a) Program.--
``(1) In general.--Subject to subsections (c), (d), and (e),
for fiscal year 2013 and each fiscal year thereafter, the
Secretary shall apportion among the States amounts sufficient
to ensure that no State receives a percentage of the total
apportionments for the fiscal year for the programs specified
in paragraph (2) that is less than the percentage calculated
under subsection (b).
``(2) Specified programs.--The programs referred to in
paragraph (1) are--
``(A) the metropolitan planning programs under
section 104(f);
``(B) the equity bonus program under this section;
``(C) the National Highway System program under
section 119;
``(D) the rail-highway grade crossing program under
section 130;
``(E) the surface transportation program under
section 133;
``(F) the highway safety improvement program under
section 148;
``(G) the recreational trails programs under section
206;
``(H) the State infrastructure bank capitalization
program under section 611; and
``(I) the Appalachian development highway system
program under section 14501 of title 40.
``(b) State Percentage.--For each of fiscal years 2013 through 2016,
the percentage referred to in subsection (a) for each State shall be 94
percent of the quotient obtained by dividing--
``(1) the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund in the most
recent fiscal year for which data are available; by
``(2) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund for the
fiscal year.
``(c) Minimum Amount.--
``(1) In general.--For each fiscal year, before making the
apportionments under subsection (a)(1), the Secretary shall
apportion among the States amounts sufficient to ensure that
each State receives a combined total apportionment for the
programs specified in subsection (a)(2) and the congestion
mitigation and air quality improvement program under section
149 that equals or exceeds the combined amount that the State
was apportioned for fiscal year 2012 for the programs specified
in section 105(a)(2) of this title (other than the high
priority projects program under subparagraph (H) of such
section), as in effect on the day before the date of enactment
of the American Energy and Infrastructure Jobs Act of 2012.
``(2) Special rule.--In determining a State's combined
apportionment for fiscal year 2012 for purposes of paragraph
(1), the Secretary shall not consider amounts apportioned to
the State for such fiscal year under the following:
``(A) Section 111(d)(1) of the Surface Transportation
Extension Act of 2011, Part II (Public Law 112-30; 125
Stat. 344).
``(B) Section 111(d)(3) of the Surface Transportation
Extension Act of 2011, Part II (Public Law 112-30; 125
Stat. 345).
``(d) No Negative Adjustment.--No negative adjustment shall be made
under subsection (a)(1) to the apportionment of any State.
``(e) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,639,000,000 so that the amount apportioned to each
State under this section for each program referred to in
subparagraphs (C) and (E) of subsection (a)(2) is equal to the
amount determined by multiplying the amount to be apportioned
to such State under this section by the ratio that--
``(A) the amount of funds apportioned to such State
for each program referred to in subparagraphs (C) and
(E) of subsection (a)(2) for a fiscal year; bears to
``(B) the total amount of funds apportioned to such
State for all such programs for such fiscal year.
``(2) Remaining distribution.--The Secretary shall administer
the remainder of funds made available under this section to the
States in accordance with section 133, except that section
133(d)(3) and section 1115(a) of the American Energy and
Infrastructure Jobs Act of 2012 shall not apply to the amounts
administered pursuant to this paragraph.
``(f) Metropolitan Planning Set-Aside.--Notwithstanding section
104(f), no set aside provided for under that section shall apply to
funds allocated under this section.
``(g) Authorization of Appropriations.--
``(1) In general.--Subject to paragraphs (2) and (3), there
is authorized to be appropriated from the Highway Trust Fund
(other than the Alternative Transportation Account) to carry
out this section $3,900,000,000 for each of fiscal years 2013
through 2016.
``(2) Upward adjustment.--If the amount authorized by
paragraph (1) for a fiscal year is less than the minimum amount
required to ensure that each State receives the minimum
percentage of total apportionments required under subsection
(a)(1) and the minimum amount required under subsection (c)(1)
for the fiscal year--
``(A) the amount authorized by paragraph (1) for the
fiscal year shall be increased by the amount of the
shortfall, so as to equal such minimum amount; and
``(B) the amounts authorized by section 1101(a)(2) of
the American Energy and Infrastructure Jobs Act of 2012
for the surface transportation program for the fiscal
year shall be decreased by the amount of the shortfall.
``(3) Downward adjustment.--If the amount authorized by
paragraph (1) for a fiscal year is more than the minimum amount
required to ensure that each State receives the minimum
percentage of total apportionments required under subsection
(a)(1) and the minimum amount required under subsection (c)(1)
for the fiscal year--
``(A) the amount authorized by paragraph (1) for the
fiscal year shall be decreased by the amount of the
excess, so as to equal such minimum amount; and
``(B) the amounts authorized by section 1101(a)(1) of
the American Energy and Infrastructure Jobs Act of 2012
for the National Highway System program for the fiscal
year shall be increased by the amount of the excess.''.
SEC. 1110. PROJECT APPROVAL AND OVERSIGHT.
(a) Assumption by States of Responsibilities of the Secretary.--
Section 106(c)(1) is amended to read as follows:
``(1) NHS projects.--For projects under this title that are
on the National Highway System, including projects on the
Interstate System, the State may assume the responsibility of
the Secretary under this title for design, plans,
specifications, estimates, contract awards, and inspections
with respect to such projects unless the Secretary determines
that such assumption is not appropriate.''.
(b) Value Engineering Analysis.--Section 106(e) is amended--
(1) in paragraph (2)(A)--
(A) by striking ``Federal-aid system'' and inserting
``National Highway System receiving Federal
assistance''; and
(B) by striking ``$25,000,000'' and inserting
``$50,000,000'';
(2) in paragraph (2)(B)--
(A) by inserting ``on the National Highway System
receiving Federal assistance'' after ``project''; and
(B) by striking ``$20,000,000'' and inserting
``$40,000,000''; and
(3) by adding at the end the following:
``(5) Design-build projects.--A requirement to provide a
value engineering analysis under this subsection does not apply
to a project delivered using the design-build method of
construction.''.
(c) Major Projects.--Section 106(h)(3) is amended--
(1) in subparagraph (A) by striking ``and'';
(2) in subparagraph (B) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(C) assess the appropriateness of a public-private
partnership to deliver the project.''.
(d) Use of Advanced Modeling Technologies.--Section 106 is amended by
adding at the end the following:
``(j) Use of Advanced Modeling Technologies.--
``(1) In general.--With respect to transportation projects
that receive Federal funding, the Secretary shall encourage the
use of advanced modeling technologies during environmental,
planning, financial management, design, simulation, and
construction processes related to the projects.
``(2) Activities.--In carrying out paragraph (1), the
Secretary shall--
``(A) compile information relating to advanced
modeling technologies, including industry best
practices with respect to the use of the technologies;
``(B) disseminate to States information relating to
advanced modeling technologies, including industry best
practices with respect to the use of the technologies;
and
``(C) promote the use of advanced modeling
technologies.
``(3) Comprehensive plan.--The Secretary shall develop and
publish on the Internet Web site of the Department of
Transportation a detailed and comprehensive plan for the
implementation of paragraph (1).
``(4) Advanced modeling technology defined.--The term
`advanced modeling technology' means an available or developing
technology, including 3-dimensional digital modeling, that can
accelerate and improve the environmental review process,
increase effective public participation, enhance the detail and
accuracy of project designs, increase safety, accelerate
construction and reduce construction costs, or otherwise
expedite project delivery with respect to transportation
projects that receive Federal funding.''.
(e) Review of Oversight Program.--
(1) In general.--The Secretary shall review the oversight
program established under section 106(g) of title 23, United
States Code, to determine the efficacy of the program in
monitoring the effective and efficient use of funds authorized
to carry out title 23, United States Code.
(2) Minimum requirements for review.--At a minimum, the
review under paragraph (1) shall assess the capability of the
program to--
(A) identify projects funded under title 23, United
States Code, for which there are cost or schedule
overruns; and
(B) evaluate the extent of such overruns.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of the review
conducted under paragraph (1), which shall include
recommendations for legislative changes to improve the
oversight program established under section 106(g) of title 23,
United States Code.
(f) Transparency and Accountability.--
(1) Data collection.--The Secretary shall compile and make
available to the public on the Internet Web site of the
Department the annual expenditure data for funds made available
under title 23 and chapter 53 of title 49, United States Code.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall ensure that the data made available on the
Internet Web site of the Department--
(A) is organized by project and State;
(B) to the maximum extent possible, is updated
regularly to reflect the current status of obligations,
expenditures, and Federal-aid projects; and
(C) can be searched and downloaded by users of the
Web site.
(3) Report to congress.--The Secretary shall transmit,
annually, to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report containing a
summary of the data described in paragraph (1) for the 1-year
period ending on the date on which the report is submitted.
SEC. 1111. EMERGENCY RELIEF.
(a) Eligibility.--Section 125(d) is amended to read as follows:
``(d) Eligibility.--
``(1) In general.--Subject to the requirements of this
subsection, the Secretary may expend funds from the emergency
fund authorized by this section for the repair or
reconstruction of Federal-aid highways in accordance with the
provisions of this chapter.
``(2) Maximum total project costs.--
``(A) In general.--The total cost of a project
carried out under this section may not exceed the cost
of repair or reconstruction of a comparable facility.
``(B) Comparable facility defined.--In this
paragraph, the term `comparable facility' means a
facility that meets the current geometric and
construction standards required for the types and
volume of traffic that the facility will carry over its
design life.
``(3) Debris removal.--The costs of debris removal shall be
an eligible expense under this section only for--
``(A) an event not declared a major disaster or
emergency by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.); or
``(B) an event declared a major disaster or emergency
by the President under that Act if the debris removal
is not eligible for assistance pursuant to section 403,
407, or 502 of that Act (42 U.S.C. 5170b, 5173, 5192).
``(4) Territories.--The total obligations for projects under
this section in a fiscal year in the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands may not exceed $20,000,000.
``(5) Temporary substitute highway traffic service.--
Notwithstanding any other provision of this chapter, actual and
necessary costs of maintenance and operation of ferryboats or
additional transit service providing temporary substitute
highway traffic service, less the amount of fares charged, may
be expended from the emergency fund under this section
authorized for Federal-aid highways.
``(6) Applications; emergency declarations.--Except as to
highways, roads, and trails referred to in subsection (e), no
funds may be expended under this section unless--
``(A) a declaration is made--
``(i) by the Governor of the State and
concurred in by the Secretary, that an
emergency exists; or
``(ii) by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) that a
major disaster or emergency exists; and
``(B) not later than 2 years after a declaration is
made under subparagraph (A), the Secretary has received
an application for assistance from the State
transportation department that includes a comprehensive
list of potentially eligible project sites and repair
costs.''.
(b) Tribal Roads, Federal Lands Highways, and Public Roads on Federal
Lands.--Section 125(e) is amended to read as follows:
``(e) Tribal Roads, Federal Lands Highways, and Public Roads on
Federal Lands.--
``(1) Use of emergency fund.--Notwithstanding subsection
(d)(1), the Secretary may expend funds from the emergency fund
authorized by this section, either independently or in
cooperation with any other branch of the Government, a State
agency, tribal organization, organization, or person, for the
repair or reconstruction of tribal roads, Federal lands
highways, and other federally owned roads that are open to
public travel, whether or not such roads are Federal-aid
highways.
``(2) Reimbursements.--The Secretary may reimburse Federal
agencies, State (including political subdivisions of the
States) agencies, and Indian tribal governments for
expenditures made on projects determined eligible under this
section, including expenditures for emergency repairs made
before a determination of eligibility. Such reimbursements to
Federal agencies and Indian tribal governments shall be
transferred to the account from which the expenditure was made,
or to a similar account that remains available for obligation,
and the budget authority associated with the expenditure shall
be restored to the agency from which it was derived and shall
be available for obligation until the end of the fiscal year
following the year in which the transfer occurs.
``(3) Open to public travel defined.--In this subsection, the
term `open to public travel' means that, except during
scheduled periods, extreme weather conditions, or emergencies,
the road is open to the general public for use with a standard
passenger auto, without restrictive gates or prohibitive signs
or regulations, other than for general traffic control or
restrictions based on size, weight, or class of
registration.''.
(c) Rulemaking.--Not later than 6 months after the date of enactment
of this Act, the Secretary shall initiate a rulemaking to update
regulations governing the emergency relief program under section 125 of
title 23, United States Code, to--
(1) ensure that allocations are made to States only for sums
that the State will be able to obligate in the current fiscal
year;
(2) determine whether to raise the threshold for an eligible
event and raise such threshold if warranted; and
(3) address such other matters as the Secretary considers
appropriate.
(d) Improving Program Implementation.--The Secretary shall take steps
to--
(1) improve training for Federal and State officials on
emergency relief requirements and processes;
(2) establish an Internet Web site containing information on
best practices for the implementation of the emergency relief
program;
(3) address program differences with the disaster assistance
program of the Federal Emergency Management Agency; and
(4) provide guidance on performing a benefit-cost analysis to
justify cases in which a betterment is eligible for funding
under the emergency relief program.
SEC. 1112. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
Section 126 is amended to read as follows:
``Sec. 126. Uniform transferability of Federal-aid highway funds
``(a) General Rule.--Notwithstanding any other provision of law, but
subject to subsection (b), a State may transfer not to exceed 25
percent of the State's apportionment under paragraph (1), (3), or (5)
of section 104(b) for a fiscal year to any other apportionment of the
State under any of those paragraphs for that fiscal year.
``(b) Application to Certain Set-Asides.--No funds may be transferred
under this section that are subject to section 104(f) or section
133(d)(3).''.
SEC. 1113. FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 is amended--
(1) in subsection (b) by striking ``ferry boats, ferry
terminals, and ferry maintenance facilities'' and inserting
``ferry boats and ferry terminals'';
(2) by striking subsections (c), (d), and (e) and inserting
the following:
``(c) Apportionment of Funds.--The Secretary shall apportion the sums
authorized to be appropriated for expenditure on the construction of
ferry boats and ferry terminal facilities for each fiscal year among
eligible States in the following manner:
``(1) 35 percent based on the total annual number of vehicles
carried by ferry systems operating in each eligible State.
``(2) 35 percent based on the total annual number of
passengers (including passengers in vehicles) carried by ferry
systems operating in each eligible State.
``(3) 30 percent based on the total nautical route miles
serviced by ferry systems operating in each eligible State.
``(d) Eligible State Defined.--In this section, the term `eligible
State' means a State that has a ferry system operating in the State or
between the State and another State.''; and
(3) by redesignating subsection (f) as subsection (e).
SEC. 1114. NATIONAL HIGHWAY BRIDGE AND TUNNEL INVENTORY AND INSPECTION
PROGRAM.
(a) In General.--Section 151 is amended to read as follows:
``Sec. 151. National highway bridge and tunnel inventory and inspection
program
``(a) National Highway Bridge and Tunnel Inventory.--The Secretary,
in consultation with the States and Federal agencies with jurisdiction
over highway bridges and tunnels, shall--
``(1) inventory all bridges on public roads, on and off
Federal-aid highways, including tribally owned and federally
owned bridges, that are over waterways, other topographical
barriers, other highways, and railroads;
``(2) inventory all tunnels on public roads, on and off
Federal-aid highways, including tribally owned and federally
owned tunnels;
``(3) identify each bridge or tunnel inventoried under
paragraph (1) or (2) that is structurally deficient or
functionally obsolete;
``(4) assign a risk-based priority for replacement or
rehabilitation of each structurally deficient bridge or tunnel
identified under paragraph (3) after consideration of safety,
serviceability, and essentiality for public use, including the
potential impacts to emergency evacuation routes and to
regional and national freight and passenger mobility if the
serviceability of the bridge or tunnel is diminished; and
``(5) determine the cost of replacing each structurally
deficient bridge or tunnel identified under paragraph (3) with
a comparable facility or the cost of rehabilitating the bridge
or tunnel.
``(b) National Highway Bridge and Tunnel Inspection Standards.--
``(1) In general.--The Secretary shall establish and maintain
inspection standards for the proper safety inspection and
evaluation of all highway bridges and tunnels described in
subsections (a)(1) and (a)(2). The standards shall be designed
to ensure uniformity in the conduct of such inspections and
evaluations.
``(2) Minimum requirements for inspection standards.--At a
minimum, the standards established under paragraph (1) shall--
``(A) specify, in detail, the method by which
inspections will be carried out by States, Federal
agencies, and tribal governments;
``(B) establish the maximum time period between
inspections;
``(C) establish the qualifications for those charged
with carrying out inspections;
``(D) require each State, Federal agency, and tribal
government to maintain and make available to the
Secretary upon request--
``(i) written reports on the results of
highway bridge and tunnel inspections, together
with notations of any action taken pursuant to
the findings of such inspections; and
``(ii) inventory data for all highway bridges
and tunnels described in subsections (a)(1) and
(a)(2) under the jurisdiction of the State,
Federal agency, or tribal government that
reflect the findings of the most recent highway
bridge and tunnel inspections;
``(E) establish a procedure for national
certification of highway bridge and tunnel inspectors;
``(F) establish, in consultation with the States,
Federal agencies, and interested and knowledgeable
private organizations and individuals, procedures for
the Secretary to conduct reviews of State and Federal
agency compliance with the standards established under
this subsection; and
``(G) establish, in consultation with the States,
Federal agencies, and interested and knowledgeable
private organizations and individuals, procedures for
the States to follow in reporting to the Secretary--
``(i) critical findings relating to
structural safety-related deficiencies of
highway bridges and tunnels; and
``(ii) monitoring activities and corrective
actions taken in response to a critical finding
described in clause (i).
``(3) Compliance requirements.--
``(A) Reviews of state compliance.--The Secretary
shall annually review State compliance with the
standards established under this section.
``(B) Findings of noncompliance.--If the Secretary
identifies noncompliance by a State in conducting an
annual review under subparagraph (A), the Secretary
shall issue a report detailing the noncompliance by
December 31 of the calendar year in which the review is
conducted and shall provide the State an opportunity to
address the noncompliance by--
``(i) developing a corrective action plan to
remedy the noncompliance; or
``(ii) resolving the noncompliance within 45
days of receiving notification of the
noncompliance.
``(4) Penalty for noncompliance.--
``(A) Funding requirement.--If the Secretary
identifies noncompliance by a State in conducting an
annual review under paragraph (3)(A) in a calendar
year, and the State fails to address the noncompliance
in the manner described in paragraph (3)(B) by August 1
of the succeeding year, on October 1 of such succeeding
year, and each year thereafter as necessary, the
Secretary shall require the State to dedicate funds
apportioned to the State under sections 104(b)(1) and
104(b)(3) to correct the noncompliance.
``(B) Amount.--The amount of the funds dedicated to
correcting the noncompliance in accordance with
subparagraph (A) shall--
``(i) be determined by the State based on an
analysis of the actions needed to address the
noncompliance; and
``(ii) require approval by the Secretary.
``(c) Training Program for Bridge and Tunnel Inspectors.--The
Secretary, in cooperation with State transportation departments, shall
establish a program designed to train appropriate personnel to carry
out highway bridge and tunnel inspections.
``(d) Availability of Funds.--In carrying out this section--
``(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
``(2) a State may use amounts apportioned to the State under
sections 104(b)(1), 104(b)(3), and 104(b)(5);
``(3) an Indian tribe may use funds made available to the
Indian tribe under section 502; and
``(4) a Federal agency may use funds made available to the
agency under section 503.''.
(b) Clerical Amendment.--The analysis for chapter 1 is amended by
striking the item relating to section 151 and inserting the following:
``151. National highway bridge and tunnel inventory and inspection
program.''.
SEC. 1115. MINIMUM INVESTMENT IN HIGHWAY BRIDGES.
(a) Minimum Investment Requirements.--
(1) National highway system bridges.--Out of amounts
apportioned to a State for a fiscal year under each of sections
104(b)(1) and 104(b)(3) of title 23, United States Code, an
amount equal to 10 percent of such amounts shall be available
to the State only for eligible projects on highway bridges on
the National Highway System if the Secretary determines under
paragraph (3) for the fiscal year that more than 10 percent of
the total deck area of highway bridges in the State on the
National Highway System is located on highway bridges that have
been classified as structurally deficient.
(2) Bridges not on federal-aid highways.--Out of amounts
apportioned to a State for a fiscal year under section
104(b)(3) of title 23, United States Code, an amount equal to
110 percent of the amount that the State was required to expend
for fiscal year 2009 on projects under section 144(f)(2) of
such title (as in effect on the day before the date of
enactment of this Act) shall be available to the State only for
eligible projects on highway bridges not on Federal-aid
highways if the Secretary determines under paragraph (3) for
the fiscal year that--
(A) more than 15 percent of the total deck area of
highway bridges not on Federal-aid highways in the
State is located on highway bridges not on Federal-aid
highways that have been classified as structurally
deficient; or
(B) more than 2,000 highway bridges not on Federal-
aid highways in the State are classified as
structurally deficient.
(3) Use of data in national bridge and tunnel inventory.--The
Secretary shall make the determinations under paragraphs (1)
and (2) with respect to a State for a fiscal year based on an
average of the final data concerning highway bridges in the
State contained in the national bridge and tunnel inventory for
the most recent 3 calendar years for which such data are
available.
(4) Applicability.--This subsection shall apply to amounts
apportioned for each of fiscal years 2013 through 2016.
(5) Definitions.--In this subsection, the following
definitions apply:
(A) Eligible project.--The term ``eligible project''
means a project to replace (including replacement with
fill material), rehabilitate, preserve, or protect
(including through painting, scour countermeasures,
seismic retrofits, impact protection measures, security
countermeasures, and protection against extreme events)
a bridge or tunnel on a public road of any functional
classification.
(B) National bridge and tunnel inventory.--The term
``national bridge and tunnel inventory'' means the
national bridge and tunnel inventory established under
section 151 of title 23, United States Code (as amended
by this title).
(b) Bridge Rehabilitation and Replacement.--Section 217(e) is amended
by striking ``then such bridge'' and all that follows before the period
at the end and inserting ``the State carrying out the rehabilitation or
replacement is encouraged to provide such safe accommodations as part
of the rehabilitation or replacement''.
SEC. 1116. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
(a) Definitions.--Section 164(a) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively; and
(3) in paragraph (4), as so redesignated by paragraph (2) of
this subsection, by amending subparagraph (A) to read as
follows:
``(A) receive--
``(i) a suspension of all driving privileges
for not less than 1 year; or
``(ii) a suspension of unlimited driving
privileges for 1 year with limited driving
privileges permitted (subject to requirements
established under State law) if an ignition
interlock device is installed for not less than
1 year on each motor vehicle owned or operated,
or both, by the individual;''.
(b) Transfer of Funds.--Section 164(b)(1)(A) is amended by striking
``alcohol-impaired driving countermeasures'' and inserting ``projects
and activities addressing impaired driving (as such term is defined in
section 402(p)(11))''.
SEC. 1117. PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 is amended by striking subsections (a)
and (b) and inserting the following:
``(a) Allocation of Funds.--On October 1 of each fiscal year, the
Secretary shall allocate the funds made available for the fiscal year
to carry out this section to the Commonwealth of Puerto Rico to carry
out a highway program in the Commonwealth.
``(b) Applicability of Title.--Amounts made available to carry out
this section shall be available for obligation in the same manner as if
such funds were apportioned under this chapter.''.
(b) Conforming Amendment.--Section 165 is amended--
(1) in subsection (c)(1) by striking ``sections 104(b) and
144'' and inserting ``section 104(b)''; and
(2) in subsection (d) by striking ``sections 104 and 144''
and inserting ``section 104''.
SEC. 1118. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds made
available under section 1101(a) for the Appalachian development highway
system program for each of fiscal years 2013 through 2016 among the
States in the ratio that--
(1) the latest available cost to complete estimate for the
Appalachian development highway system under section 14501 of
title 40, United States Code, with respect to each State; bears
to
(2) the latest available cost to complete estimate for that
system with respect to all States.
(b) Minimum and Maximum Apportionment.--Notwithstanding subsection
(a), each State that receives an apportionment under subsection (a)
shall receive--
(1) not less than 1 percent of the funds apportioned under
this section; and
(2) not more than 25 percent of the funds apportioned under
this section.
(c) Applicability of Title 23.--Funds made available under section
1101(a) of this Act for the Appalachian development highway system
program shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United States Code,
except that the Federal share of the cost of any project under this
section shall be determined in accordance with section 14501 of title
40, United States Code, and such funds shall be available to construct
highways and access roads under such section 14501 and shall remain
available until expended.
(d) Credit for Non-Federal Share.--Section 120(j)(1)(A) is amended by
striking ``and the Appalachian development highway system program under
section 14501 of title 40''.
SEC. 1119. REFERENCES TO MASS TRANSIT ACCOUNT.
Any reference to the Mass Transit Account of the Highway Trust Fund
in title 23 or 49, United States Code, or in any other provision of law
shall be deemed to refer to the Alternative Transportation Account of
the Highway Trust Fund.
Subtitle B--Innovative Financing
SEC. 1201. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION.
(a) Definitions.--
(1) Eligible project costs.--Section 601(a)(1) is amended in
the matter preceding subparagraph (A) by inserting
``(regardless of when incurred)'' after ``including the cost''.
(2) Contingent commitment.--Section 601(a) is amended--
(A) by redesignating paragraphs (2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), (12), (13), and (14) as
paragraphs (3), (4), (5), (6), (7), (9), (10), (11),
(12), (14), (15), (16), and (17), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate an amount from
future available budget authority, but is not an obligation of
the Federal Government.''.
(3) Master credit agreement.--Section 601(a) (as amended by
paragraph (2)(A) of this subsection) is further amended by
inserting after paragraph (7) the following:
``(8) Master credit agreement.--The term `master credit
agreement' means an agreement entered into by and between the
Secretary and an obligor for a project that--
``(A) makes contingent commitments of one or more
secured loans or other Federal credit instruments at
future dates, subject to the provision of future budget
authority;
``(B) establishes the amounts and general terms and
conditions of such secured loans or other Federal
credit instruments;
``(C) identifies the dedicated revenue sources that
will secure the repayment of such secured loans or
other Federal credit instruments, which may differ by
project; and
``(D) provides for the obligation of funds for such a
secured loan or other Federal credit instrument,
subject to the provision of future budget authority,
for a project included in the agreement after all
requirements under this section have been met for the
project.''.
(4) Obligor.--Section 601(a)(9) (as redesignated by paragraph
(2)(A) of this subsection) is amended by inserting ``limited
liability company,'' after ``corporation,''.
(5) Project.--Section 601(a)(10) (as redesignated by
paragraph (2)(A) of this subsection) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of subparagraph
(D) and inserting a semicolon; and
(C) by adding at the end the following:
``(E) a program of related transportation projects
that--
``(i) are coordinated to achieve a common
transportation goal;
``(ii) are eligible for funding under this
title or chapter 53 of title 49; and
``(iii) together receive not more than 30
percent of their funding for capital costs from
Federal grant funds made available under this
title or chapter 53 of title 49; and
``(F) a highway, transit, or pedestrian project, or
grouping of projects, that--
``(i) improves mobility; and
``(ii) is located within the station area of
a transit, passenger rail, or intercity bus
station.''.
(6) Rural infrastructure project.--Section 601(a) (as amended
by paragraph (2)(A) of this subsection) is further amended by
inserting after paragraph (12) the following:
``(13) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project located in any area other than an
urbanized area that has a population of greater than 250,000
inhabitants.''.
(7) Subsidy amount.--Section 601(a)(16) (as redesignated by
paragraph (2)(A) of this subsection) is amended by inserting
``, or other source of funds provided pursuant to section
608(c)(2),'' after ``budget authority''.
(b) Project Applications and Determinations of Eligibility.--
(1) In general.--Section 602 is amended to read as follows:
``Sec. 602. Project applications and determinations of eligibility
``(a) Project Applications.--
``(1) In general.--A State, local government, agency or
instrumentality of a State or local government, public
authority, private party to a public-private partnership, or
any other legal entity undertaking a project may submit to the
Secretary an application requesting financial assistance under
this chapter for the project.
``(2) Master credit agreements.--An application submitted
under paragraph (1) may request that financial assistance under
this chapter be provided under a master credit agreement.
``(3) Applications where obligor will be identified later.--A
State, local government, agency or instrumentality of a State
or local government, or public authority may submit an
application to the Secretary under paragraph (1) under which a
private party to a public-private partnership will be the
obligor and will be identified later through completion of a
procurement and selection of the private party.
``(b) Eligibility.--
``(1) Approval.--The Secretary shall approve an application
submitted under subsection (a)(1) for each project that meets
the criteria specified in paragraph (2).
``(2) Criteria.--To be eligible to receive financial
assistance under this chapter, a project shall meet the
following criteria:
``(A) Inclusion in transportation plans and
programs.--The project shall satisfy the applicable
planning and programmatic requirements of sections 5203
and 5204 of title 49--
``(i) in the case of an application for
financial assistance to be provided under a
master credit agreement, at such time as credit
assistance is provided for the project pursuant
to the master credit agreement; and
``(ii) in the case of any other project
application, at such time as an agreement to
make available a Federal credit instrument is
entered into under this chapter.
``(B) Creditworthiness.--
``(i) In general.--The project shall satisfy
applicable creditworthiness standards,
including, at a minimum--
``(I) a rate covenant, if applicable;
``(II) adequate coverage requirements
to ensure repayment;
``(III) an investment grade rating
from at least 2 rating agencies on debt
senior to the Federal credit
instrument; and
``(IV) a rating from at least 2
rating agencies on the Federal credit
instrument.
``(ii) Amounts less than $75,000,000.--
Notwithstanding clauses (i)(III) and (i)(IV),
if the senior debt and Federal credit
instrument is for an amount less than
$75,000,000, 1 rating agency opinion for each
of the senior debt and Federal credit
instrument shall be sufficient.
``(iii) Federal credit instruments that are
the senior debt.--Notwithstanding clauses
(i)(III) and (i)(IV), in a case in which the
Federal credit instrument is the senior debt,
the Federal credit instrument shall be required
to receive an investment grade rating from at
least 2 rating agencies.
``(C) Eligible project costs.--The eligible costs of
the project--
``(i) in the case of a project described in
section 601(a)(9)(F) or a project principally
involving the installation of an intelligent
transportation system, shall be reasonably
anticipated to equal or exceed $15,000,000;
``(ii) in the case of a project for which
financial assistance will be provided under a
master credit agreement, shall be reasonably
anticipated to equal or exceed $1,000,000,000;
``(iii) in the case of a rural infrastructure
project, shall be reasonably anticipated to
equal or exceed $25,000,000; and
``(iv) in the case of any other project,
shall be reasonably anticipated to equal or
exceed the lesser of--
``(I) $50,000,000; or
``(II) 33\1/3\ percent of the amount
apportioned, out of amounts made
available from the Highway Trust Fund
(other than the Alternative
Transportation Account), to the State
in which the project is located for
Federal-aid highway and highway safety
construction programs for the most
recently completed fiscal year.
``(D) Dedicated revenue sources.--The Federal credit
instrument for the project shall be repayable, in whole
or in part, from tolls, user fees, payments owing to
the obligor under a public-private partnership, or
other dedicated revenue sources that also secure or
fund the project obligations.
``(E) Regional significance.--The project shall be
regionally significant (as defined in regulations
implementing sections 134 and 135 (as in effect on the
day before the date of enactment of the American Energy
and Infrastructure Jobs Act of 2012)) or otherwise
significantly enhance the national transportation
system.
``(F) Public sponsorship of private entities.--In the
case of a project undertaken by an entity that is not a
State or local government (or an agency or
instrumentality of a State or local government), the
project shall be publicly sponsored as provided under
subsection (a).
``(G) Beneficial effects.--The Secretary shall
determine that financial assistance for the project
under this chapter will--
``(i) foster an innovative public-private
partnership and attract private debt or equity
investment for the project;
``(ii) enable the project to proceed at an
earlier date than the project would otherwise
be able to proceed or reduce the project's life
cycle costs, including debt service costs; and
``(iii) reduce the contribution of Federal
grant assistance for the project.
``(H) Project readiness.--The applicant shall
demonstrate that the contracting process for
construction of the project can be commenced not later
than 90 days after the date on which a Federal credit
instrument is secured for the project under this
chapter.
``(c) Preliminary Rating Opinion Letter.--For purposes of subsection
(b)(2)(B), the Secretary shall require each applicant for a project to
provide a preliminary rating opinion letter from at least 1 rating
agency indicating that the project's senior obligations, which may
consist, in whole or in part, of the Federal credit instrument, have
the potential to achieve an investment-grade rating.
``(d) Approval of Applications and Funding.--
``(1) In general.--The Secretary shall--
``(A) approve applications for projects that meet the
criteria specified in subsection (b)(2) in the order in
which the Secretary receives the applications; and
``(B) commit or conditionally commit budget authority
for projects, out of amounts made available to carry
out this chapter for a fiscal year, in the order in
which the Secretary approves the applications for such
projects.
``(2) Insufficient funds.--If the Secretary approves an
application submitted under subsection (a)(1) for a project in
a fiscal year, but is unable to provide financial assistance
for the project in that fiscal year as a result of prior
commitments or conditional commitments of budget authority
under this chapter, the Secretary shall provide the project
sponsor with the option of receiving such financial assistance
as soon as sufficient budget authority is made available to
carry out this chapter in a subsequent fiscal year.
``(e) Procedures for Determining Project Eligibility.--
``(1) Establishment.--The Secretary shall establish
procedures for--
``(A) processing applications received under
subsection (a)(1) requesting financial assistance for
projects; and
``(B) approving or disapproving the applications
based on whether the projects meet the criteria
specified in subsection (b)(2).
``(2) Application processing procedures.--The procedures
shall meet the following requirements:
``(A) The procedures may not restrict when
applications may be filed.
``(B) The procedures shall ensure that--
``(i) the Secretary will provide written
notice to an applicant, on or before the 15th
day following the date of receipt of the
applicant's application, informing the
applicant of whether the application is
complete;
``(ii) if the application is complete, the
Secretary will provide written notice to the
applicant, on or before the 60th day following
the date of issuance of written notice for the
application under clause (i), informing the
applicant of whether the Secretary has approved
or disapproved the application;
``(iii) if the application is not complete,
the Secretary will provide written notice to
the applicant, together with the written notice
issued for the application under clause (i),
informing the applicant of the information and
materials needed to complete the application;
and
``(iv) if the Secretary does not provide
written notice to an applicant under clause (i)
in the 15-day period specified in clause (i)--
``(I) the applicant's application is
deemed complete; and
``(II) the Secretary will provide
written notice to the applicant, on or
before the 60th day following the last
day of such 15-day period, informing
the applicant of whether the Secretary
has approved or disapproved the
application.
``(C) The procedures may not use eligibility criteria
that are supplemental to those established by this
chapter.
``(D) In accordance with subsection (b)(1), the
procedures shall require approval of an application if
the project meets the eligibility criteria specified in
subsection (b)(2).
``(E) The procedures shall require that any written
notice of disapproval of an application identify the
eligibility criteria that were not satisfied and
contain an explanation of the deficiencies that
resulted in failure to meet such criteria.
``(3) Special rules for master credit agreements.--The
Secretary shall issue special rules for--
``(A) processing applications under which financial
assistance will be provided under a master credit
agreement; and
``(B) approving or disapproving such applications
based on whether the proposed project or program of
related projects meets the applicable eligibility
criteria specified in section 601(a)(7).
``(f) Application Approval.--Approval of an application for a project
under subsection (a)(1) qualifies the project for execution of a
conditional term sheet establishing a conditional commitment of credit
assistance.
``(g) Federal Requirements.--In addition to the requirements of this
title for highway projects, chapter 53 of title 49 for public
transportation projects, and section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply to funds made
available under this chapter and projects assisted with the funds:
``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(3) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``(h) Development Phase Activities.--Any credit instrument secured
under this chapter may be used to finance 100 percent of the cost of
development phase activities as described in section 601(a)(1)(A) if
the total amount of the credit instrument does not exceed the maximum
amount for such instrument prescribed in this chapter.''.
(2) Clerical amendment.--The analysis for chapter 6 is
amended by striking the item relating to section 602 and
inserting the following:
``602. Project applications and determinations of eligibility.''.
(c) Secured Loans.--
(1) In general.--
(A) Approval of projects.--Section 603(1) is amended
by striking ``selected'' each place it appears and
inserting ``approved''.
(B) Agreements.--Section 603(a)(1) is amended in the
matter preceding subparagraph (A) by inserting ``,
including master credit agreements,'' after
``agreements''.
(C) Risk assessment.--Section 603(a)(3) is amended by
striking ``602(b)(2)(B)'' and inserting ``602(c)''.
(2) Terms and limitations.--
(A) In general.--Section 603(b)(1) is amended by
inserting ``are consistent with this chapter and its
purpose and that'' before ``the Secretary determines
appropriate.''.
(B) Maximum amounts.--Section 603(b)(2) is amended to
read as follows:
``(2) Maximum amounts.--The amount of the secured loan may
not exceed 49 percent of the reasonably anticipated eligible
project costs.''.
(C) Payment.--Section 603(b)(3)(A)(i) is amended by
inserting ``payments owing to the obligor under a
public-private partnership,'' before ``or other
dedicated revenue sources''.
(D) Nonsubordination.--Section 603(b)(6) is amended
by inserting after ``project obligations'' the
following: ``entered into after the date on which the
agreement to provide the secured loan is entered into
under this section (except that such obligations do not
include project obligations issued to refund prior
project obligations or project obligations not
contemplated by the parties at the time)''.
(d) Lines of Credit.--
(1) Approval of projects.--Section 604(a)(1) is amended by
striking ``selected'' and inserting ``approved''.
(2) Risk assessment.--Section 604(a)(3) is amended by
striking ``602(b)(2)(B)'' and inserting ``602(c)''.
(3) Terms and limitations.--
(A) In general.--Section 604(b)(1) is amended by
inserting ``are consistent with this chapter and its
purpose and that'' before ``the Secretary determines
appropriate.''.
(B) Maximum amounts.--Section 604(b)(2) is amended to
read as follows:
``(2) Maximum amounts.--The total amount of the line of
credit may not exceed 49 percent of the reasonably anticipated
eligible project costs.''.
(C) Security.--Section 604(b)(5)(A)(i) is amended by
inserting ``payments owing to the obligor under a
public-private partnership,'' before ``or other
dedicated revenue sources''.
(D) Nonsubordination.--Section 604(b)(8) is amended
by inserting after ``project obligations'' the
following: ``entered into after the date on which the
agreement to provide the direct loan is entered into
under this section (except that such obligations do not
include project obligations issued to refund prior
project obligations or project obligations not
contemplated by the parties at the time)''.
(E) Relationship to other credit instruments.--
Section 604(b)(10) is amended by striking ``33
percent'' and inserting ``49 percent''.
(e) Program Administration.--Section 605 is amended by adding at the
end the following:
``(e) Expedited Processing.--The Secretary shall implement procedures
and measures to economize the time and cost involved in obtaining
approval and the issuance of credit assistance under this chapter.''.
(f) Funding.--
(1) In general.--Section 608(a)(1) is amended to read as
follows:
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Alternative
Transportation Account) to carry out this chapter
$1,000,000,000 for each of fiscal years 2013 through 2016.''.
(2) Administrative costs.--Section 608(a)(3) is amended by
striking ``$2,200,000 for each of fiscal years 2005 through
2009'' and inserting ``$3,250,000 for each of fiscal years 2013
through 2016''.
(3) Projects under a master credit agreement.--Section 608(a)
is amended by adding at the end the following:
``(4) Projects under a master credit agreement.--The
Secretary may commit or conditionally commit to projects
covered by master credit agreements not more than 15 percent of
the amount of budget authority for each fiscal year under
paragraph (1). This limitation does not apply to a project
under a master credit agreement that has received final credit
approval.''.
(4) Exhaustion of availability.--Section 608 is amended by
adding at the end the following:
``(c) Exhaustion of Availability.--
``(1) Notice of exhaustion.--Whenever the Secretary fully
commits budget authority available in a fiscal year under
subparagraph (a)(1), the Secretary shall--
``(A) publish notice of that fact in the Federal
Register; and
``(B) deliver written notice of that fact to the
applicants under all approved and pending applications.
``(2) Election to use other sources for subsidy amount.--An
applicant may elect in its application or at any time after
receipt of such notice to pay the subsidy amount from available
sources other than the budget authority available in a fiscal
year under subparagraph (a)(1), including from Federal
assistance available to the applicant under this title or
chapter 53 of title 49.
``(d) Use of Unallocated Funds.--
``(1) Distribution among states.--On September 1 of each
fiscal year, the Secretary shall distribute any remaining
budget authority made available in subsection (a)(1) among the
States in the ratio that--
``(A) the amount authorized to be apportioned, out of
amounts made available from the Highway Trust Fund
(other than the Alternative Transportation Account), to
each State for the National Highway System program, the
surface transportation program, and highway safety
improvement program for the fiscal year; bears to
``(B) the amount authorized to be apportioned, out of
amounts made available from the Highway Trust Fund
(other than the Alternative Transportation Account), to
all States for the National Highway System program, the
surface transportation program, and highway safety
improvement program for the fiscal year.
``(2) Eligible purposes.--Such budget authority shall be
available for any purpose eligible for funding under section
133.''.
SEC. 1202. STATE INFRASTRUCTURE BANK PROGRAM.
(a) Funding.--
(1) In general.--Section 610(d) is amended--
(A) by striking ``fiscal years 2005 through 2009''
each place that it appears and inserting ``fiscal years
2013 through 2016''; and
(B) by striking ``10 percent'' each place that it
appears and inserting ``15 percent''.
(2) Highway accounts.--Section 610(d)(1) is amended--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) 100 percent of the funds apportioned to the
State for each of fiscal years 2013 through 2016 under
section 611.''.
(b) Program Administration.--Section 610(k) is amended by striking
``fiscal years 2005 through 2009'' and inserting ``fiscal years 2013
through 2016''.
SEC. 1203. STATE INFRASTRUCTURE BANK CAPITALIZATION.
(a) In General.--Chapter 6 is amended by adding at the end the
following:
``Sec. 611. State infrastructure bank capitalization
``(a) Apportionment of Funds.--On October 1 of each fiscal year, the
Secretary shall apportion amounts made available to carry out this
section for a fiscal year among the States in the ratio that--
``(1) the amount authorized to be apportioned, out of amounts
made available from the Highway Trust Fund (other than the
Alternative Transportation Account), to each State for the
National Highway System program, the surface transportation
program, and highway safety improvement program for the fiscal
year; bears to
``(2) the amount authorized to be apportioned, out of amounts
made available from the Highway Trust Fund (other than the
Alternative Transportation Account), to all States for the
National Highway System program, the surface transportation
program, and highway safety improvement program for the fiscal
year.
``(b) Eligible Uses of Funding.--
``(1) In general.--Except as provided in paragraph (2), funds
apportioned to a State under subsection (a) shall be used by
the State to make capitalization grants to the highway account
of the State's infrastructure bank established under section
610.
``(2) Fiscal years 2013 and 2014.--Funds apportioned to a
State under subsection (a) for fiscal years 2013 and 2014 may
be used by the State for eligible projects on the National
Highway System, as described in section 119(d).
``(c) Reapportionment of Funds.--For fiscal year 2015 and each fiscal
year thereafter, if by August 1 of the fiscal year a State does not
obligate the funds apportioned to the State for the fiscal year under
subsection (a) for providing capitalization grants described in
subsection (b), the Secretary shall reapportion the remaining funds
among those States that--
``(1) did obligate before such date all of the funds
apportioned to the State for the fiscal year under subsection
(a); and
``(2) certify to the Secretary that the State will use the
additional funds to make capitalization grants described in
subsection (b) before the end of the fiscal year.
``(d) Limitation.--Any reapportionment of funds pursuant to
subsection (d) shall not require a recalculation of percentages under
section 105.
``(e) Applicability of Federal Law.--The requirements referred to in
section 610(h) shall apply to any funds apportioned under this section.
``(f) Funding.--
``(1) In general.--There is authorized to be appropriated out
of the Highway Trust Fund (other than the Alternative
Transportation Account) to carry out this section $750,000,000
for each of fiscal years 2013 through 2016.
``(2) Contract authority.--Funds made available under
paragraph (1) shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1.''.
(b) Clerical Amendment.--The analysis for chapter 6 is amended by
adding at the end the following:
``611. State infrastructure bank capitalization.''.
SEC. 1204. TOLLING.
(a) Amendment to Tolling Provision.--Section 129(a) is amended to
read as follows:
``(a) Basic Program.--
``(1) Authorization for federal participation.--Subject to
the provisions of this section, Federal participation shall be
permitted on the same basis and in the same manner as
construction of toll-free highways is permitted under this
chapter in the--
``(A) initial construction of a toll highway, bridge,
or tunnel or approach thereto;
``(B) initial construction of one or more lanes or
other improvements that increase capacity of a highway,
bridge, or tunnel (other than a highway on the
Interstate System) and conversion of that highway,
bridge, or tunnel to a tolled facility;
``(C) initial construction of one or more lanes or
other improvements that increase the capacity of a
highway, bridge, or tunnel on the Interstate System and
conversion of that highway, bridge, or tunnel to a
tolled facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of toll-free
non-HOV lanes, excluding auxiliary lanes, before such
construction;
``(D) reconstruction, resurfacing, restoration,
rehabilitation, or replacement of a toll highway,
bridge, or tunnel or approach thereto;
``(E) reconstruction or replacement of a toll-free
bridge or tunnel and conversion of the bridge or tunnel
to a toll facility;
``(F) reconstruction, restoration, or rehabilitation
of a toll-free Federal-aid highway (other than a
highway on the Interstate System) and conversion of the
highway to a toll facility;
``(G) reconstruction, restoration, or rehabilitation
of a highway on the Interstate System if the number of
toll-free non-HOV lanes, excluding auxiliary lanes,
after reconstruction, restoration, or rehabilitation is
not less than the number of toll-free non-HOV lanes,
excluding auxiliary lanes, before reconstruction,
restoration or rehabilitation;
``(H) conversion of a high occupancy vehicle lane on
a highway, bridge, or tunnel to a toll facility; and
``(I) preliminary studies to determine the
feasibility of a toll facility for which Federal
participation is authorized under this paragraph.
``(2) Ownership.--Each highway, bridge, tunnel, or approach
thereto constructed under this subsection must--
``(A) be publicly owned; or
``(B) be privately owned if the public authority with
jurisdiction over the highway, bridge, tunnel, or
approach has entered into a contract with a private
person or persons to design, finance, construct, and
operate the facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the
facility.
``(3) Limitations on use of revenues.--
``(A) In general.--A public authority with
jurisdiction over a toll facility shall use all toll
revenues received from operation of the toll facility
only for--
``(i) debt service with respect to the
projects on or for which the tolls are
authorized, including funding of reasonable
reserves and debt service on refinancing;
``(ii) reasonable return on investment of any
private person financing the project, as
determined by the State or interstate compact
of States concerned;
``(iii) any costs necessary for the
improvement and proper operation and
maintenance of the toll facility, including
reconstruction, resurfacing, restoration, and
rehabilitation;
``(iv) if the toll facility is subject to a
public-private partnership agreement, payments
that the party holding the right to toll
revenues owes to the other party under the
public-private partnership agreement; and
``(v) if the public authority certifies
annually that the tolled facility is being
adequately maintained, the public authority may
use toll revenues for any other purpose for
which Federal funds may be obligated by a State
under this title.
``(B) Annual audit.--A public authority with
jurisdiction over a toll facility shall conduct or have
an independent auditor conduct an annual audit of toll
facility records to verify adequate maintenance and
compliance with subparagraph (A), and report the
results of such audits to the Secretary. Upon
reasonable notice, the public authority shall make all
records of the public authority pertaining to the toll
facility available for audit by the Secretary.
``(C) Noncompliance.--If the Secretary concludes that
a public authority has not complied with the
limitations on the use of revenues described in
subparagraph (A), the Secretary may require the public
authority to discontinue collecting tolls until an
agreement with the Secretary is reached to achieve
compliance with the limitation on the use of revenues
described in subparagraph (A).
``(4) Limitations on conversion of high occupancy vehicle
facilities on interstate system.--
``(A) In general.--A public authority with
jurisdiction over a high occupancy vehicle facility on
the Interstate System may undertake reconstruction,
restoration, or rehabilitation under subsection
(a)(1)(G) on the facility, and may levy tolls on
vehicles, excluding high occupancy vehicles, using the
reconstructed, restored, or rehabilitated facility, if
the public authority--
``(i) in the case of a high occupancy vehicle
facility that affects a metropolitan area,
submits to the Secretary a written assurance
that the metropolitan planning organization
designated under section 5203 of title 49 for
the area has been consulted concerning the
placement and amount of tolls on the converted
facility;
``(ii) develops, manages, and maintains a
system that will automatically collect the
toll; and
``(iii) establishes policies and procedures
to--
``(I) manage the demand to use the
facility by varying the toll amount
that is charged; and
``(II) enforce sanctions for
violations of use of the facility.
``(B) Exemption from tolls.--In levying tolls on a
facility under subparagraph (A), a public authority may
designate classes of vehicles that are exempt from the
tolls or charge different toll rates for different
classes of vehicles.
``(5) Special rule for funding.--In the case of a toll
facility under the jurisdiction of a public authority of a
State (other than the State transportation department), upon
request of the State transportation department and subject to
such terms and conditions as such department and public
authority may agree, the Secretary, working through the State
department of transportation, shall reimburse such public
authority for the Federal share of the costs of construction of
the project carried out on the toll facility under this
subsection in the same manner and to the same extent as such
department would be reimbursed if such project was being
carried out by such department. The reimbursement of funds
under this paragraph shall be from sums apportioned to the
State under this chapter and available for obligations on
projects on the Federal-aid system in such State on which the
project is being carried out.
``(6) Limitation on federal share.--The Federal share payable
for a project described in paragraph (1) shall be a percentage
determined by the State but not to exceed 80 percent.
``(7) Modifications.--If a public authority (including a
State transportation department) with jurisdiction over a toll
facility subject to an agreement under this section or section
119(e), as in effect on the day before the effective date of
title I of the Intermodal Surface Transportation Efficiency Act
of 1991, requests modification of such agreement, the Secretary
shall modify such agreement to allow the continuation of tolls
in accordance with paragraph (3) without repayment of Federal
funds.
``(8) Loans.--
``(A) In general.--Using amounts made available under
this title, a State may loan to a public or private
entity constructing or proposing to construct under
this section a toll facility or non-toll facility with
a dedicated revenue source an amount equal to all or
part of the Federal share of the cost of the project if
the project has a revenue source specifically dedicated
to it. Dedicated revenue sources for non-toll
facilities include excise taxes, sales taxes, motor
vehicle use fees, tax on real property, tax increment
financing, and such other dedicated revenue sources as
the Secretary determines appropriate.
``(B) Compliance with federal laws.--As a condition
of receiving a loan under this paragraph, the public or
private entity that receives the loan shall ensure that
the project will be carried out in accordance with this
title and any other applicable Federal law, including
any applicable provision of a Federal environmental
law.
``(C) Subordination of debt.--The amount of any loan
received for a project under this paragraph may be
subordinated to any other debt financing for the
project.
``(D) Obligation of funds loaned.--Funds loaned under
this paragraph may only be obligated for projects under
this paragraph.
``(E) Repayment.--The repayment of a loan made under
this paragraph shall commence not later than 5 years
after date on which the facility that is the subject of
the loan is open to traffic.
``(F) Term of loan.--The term of a loan made under
this paragraph shall not exceed 30 years from the date
on which the loan funds are obligated.
``(G) Interest.--A loan made under this paragraph
shall bear interest at or below market interest rates,
as determined by the State, to make the project that is
the subject of the loan feasible.
``(H) Reuse of funds.--Amounts repaid to a State from
a loan made under this paragraph may be obligated--
``(i) for any purpose for which the loan
funds were available under this title; and
``(ii) for the purchase of insurance or for
use as a capital reserve for other forms of
credit enhancement for project debt in order to
improve credit market access or to lower
interest rates for projects eligible for
assistance under this title.
``(I) Guidelines.--The Secretary shall establish
procedures and guidelines for making loans under this
paragraph.
``(9) State law permitting tolling.--If a State does not have
a highway, bridge, or tunnel toll facility as of the date of
enactment of the American Energy and Infrastructure Jobs Act of
2012, before commencing any activity authorized under this
section, the State must have in effect a law that permits
tolling on a highway, bridge, or tunnel.
``(10) Definitions.--In this subsection, the following
definitions apply:
``(A) High occupancy vehicle; hov.--The term `high
occupancy vehicle' or `HOV' means a vehicle with no
fewer than 2 occupants.
``(B) Initial construction.--The term `initial
construction' means the construction of a highway,
bridge, tunnel, or other facility at any time before it
is open to traffic and does not include any improvement
to a highway, bridge, tunnel, or other facility after
it is open to traffic.
``(C) Public authority.--The term `public authority'
means a State, interstate compact of States, or public
entity designated by a State.
``(D) Toll facility.--The term `toll facility' means
a toll highway, bridge, or tunnel or approach thereto
constructed under this subsection.''.
(b) Electronic Toll Collection Interoperability Requirements.--Not
later than 2 years after the date of enactment of this Act, all toll
facilities on the Federal-aid highways shall implement technologies or
business practices that provide for the interoperability of electronic
toll collection programs.
SEC. 1205. HOV FACILITIES.
(a) HOV Exceptions.--Section 166(b)(5) is amended--
(1) in subparagraphs (A) and (B) by striking ``2009'' and
inserting ``2016''; and
(2) in subparagraph (C)--
(A) by striking ``subparagraph (B)'' and inserting
``this paragraph''; and
(B) by inserting ``or equal to'' after ``less than''.
(b) Requirements Applicable to Tolls.--Section 166(c)(3) is amended
to read as follows:
``(3) Toll revenue.--Toll revenue collected under this
section is subject to the requirements of section 129(a)(3).''.
(c) HOV Facility Management, Operation, Monitoring, and
Enforcement.--Section 166(d)(2) is amended by adding at the end the
following:
``(D) Maintenance of operating performance.--Not
later than 6 months after a facility has been
determined to be degraded pursuant to the standard
specified in subparagraph (B), the State agency with
jurisdiction over the facility shall bring the facility
into compliance with the minimum average operating
speed performance standard through changes to operation
of the facility, including--
``(i) increasing the occupancy requirement
for HOV lanes;
``(ii) varying the toll charged to vehicles
allowed under subsection (b) to reduce demand;
``(iii) discontinuing allowing non-HOV
vehicles to use HOV lanes under subsection (b);
or
``(iv) increasing the available capacity of
the HOV facility.''.
SEC. 1206. PUBLIC-PRIVATE PARTNERSHIPS.
(a) Best Practices.--The Secretary shall compile, and make available
to the public on the Internet Web site of the Department, best
practices on how States, public transportation agencies, and other
public officials can work with the private sector in the development,
financing, construction, and operation of transportation facilities.
(b) Contents.--The best practices shall include polices and
techniques to ensure that the interests of the traveling public and
State and local governments are protected in any agreement entered into
with the private sector for the development, financing, construction,
and operation of transportation facilities.
(c) Technical Assistance.--The Secretary, upon request, may provide
technical assistance to States, public transportation agencies, and
other public officials regarding proposed public-private partnership
agreements for the development, financing, construction, and operation
of transportation facilities, including assistance in analyzing whether
the use of a public-private partnership agreement would provide value
compared with traditional public delivery methods.
(d) Standard Transaction Contracts.--
(1) Development.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall develop standard
public-private partnership transaction model contracts for the
most popular types of public-private partnerships for the
development, financing, construction, and operation of
transportation facilities.
(2) Use.--The Secretary shall encourage States, public
transportation agencies, and other public officials to use the
model contracts as a base template when developing their own
public-private partnership agreements for the development,
financing, construction, and operation of transportation
facilities.
Subtitle C--Highway Safety
SEC. 1301. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
Section 148 is amended to read as follows:
``Sec. 148. Highway safety improvement program
``(a) Definitions.--In this section, the following definitions apply:
``(1) Highway safety improvement program.--The term `highway
safety improvement program' means the program carried out under
this section.
``(2) Highway safety improvement project.--The term `highway
safety improvement project' means a project consistent with an
applicable State strategic highway safety plan that--
``(A) corrects or improves a roadway feature that
constitutes a hazard to any road users; or
``(B) addresses any other highway safety problem.
``(3) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain minimum
levels of retroreflectivity' means a project undertaken
pursuant to the provisions of the Manual on Uniform Traffic
Control Devices that require the use of an assessment or
management method designed to maintain highway sign or pavement
marking retroreflectivity at or above minimum levels prescribed
in the Manual.
``(4) Road users.--The term `road users' means motor vehicle
drivers and passengers, public transportation operators and
users, truck drivers, bicyclists, motorcyclists, and
pedestrians, including persons with disabilities.
``(5) Safety data.--The term `safety data' includes crash,
roadway, driver licensing, and traffic data with respect to all
public roads and, for highway-rail grade crossings, data on the
characteristics of highway and train traffic.
``(6) Safety project under any other section.--
``(A) In general.--The term `safety project under any
other section' means a project carried out for the
purpose of safety under any other section of this
title.
``(B) Inclusion.--The term `safety project under any
other section' includes--
``(i) projects consistent with an applicable
State strategic highway safety plan that
promote the awareness of the public and educate
the public concerning highway safety matters
(including motorcycle safety);
``(ii) projects to enforce highway safety
laws; and
``(iii) projects to provide infrastructure
and equipment to support emergency services.
``(7) State highway safety improvement program.--The term
`State highway safety improvement program' means a program of
highway safety improvement projects carried out as part of the
statewide transportation improvement program under section
5204(g) of title 49.
``(8) State strategic highway safety plan.--The term `State
strategic highway safety plan' means a comprehensive, data-
driven safety plan developed in accordance with subsection
(c)(2).
``(b) In General.--The Secretary shall carry out a highway safety
improvement program that is consistent with achieving a significant
reduction in traffic fatalities and serious injuries on all public
roads.
``(c) State Highway Safety Improvement Programs.--
``(1) In general.--To obligate funds apportioned under
section 104(b)(5) to carry out this section, a State shall have
in effect a State highway safety improvement program that--
``(A) includes a set of projects that are consistent
with the State strategic highway safety plan of the
State;
``(B) satisfies the requirements of this section; and
``(C) is consistent with the State's statewide
transportation improvement program under section
5204(g) of title 49.
``(2) Strategic highway safety plan.--As part of the State
highway safety improvement program of the State, each State
shall have in effect, update at least every 2 years, and submit
to the Secretary a State strategic highway safety plan that--
``(A) is developed after consultation with--
``(i) a highway safety representative of the
Governor of the State;
``(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
``(iii) representatives of major modes of
transportation;
``(iv) State and local traffic enforcement
officials;
``(v) representatives of entities conducting
a Federal or State motor carrier safety
program;
``(vi) motor vehicle administration agencies;
``(vii) a highway-rail grade crossing safety
representative of the Governor of the State;
and
``(viii) other major Federal, State, tribal,
regional, and local safety stakeholders;
``(B) is approved by the Governor of the State or a
responsible State agency;
``(C) defines State safety goals, including with
respect to performance measures established under
section 5206 of title 49;
``(D) addresses engineering, management, operation,
education, enforcement, and emergency services elements
of highway safety (including integrated, interoperable
emergency communications) as key factors in evaluating
highway projects;
``(E) analyzes and makes effective use of State,
regional, and local safety data, including data from
the safety data system required under subsection (e);
``(F) considers the results of Federal, State,
regional, and local transportation and highway safety
planning processes; and
``(G) considers the safety needs of, and high-
fatality segments of, public roads.
``(3) Implementation.--
``(A) Identification and analysis of highway safety
problems and opportunities.--As part of the State
highway safety improvement program of the State, each
State shall, including through use of the safety data
system required under subsection (e)--
``(i) identify roadway features that
constitute a hazard to road users;
``(ii) identify highway safety improvement
projects on the basis of crash history
(including crash rates), crash potential, or
other data-supported means;
``(iii) establish the relative severity of
the risks of roadway features based on crash,
injury, fatality, traffic volume, and other
relevant data (including the number and rates
of crashes, injuries, and fatalities);
``(iv) identify the 100 most dangerous roads
in the State, including specific intersections
and sections of roads, based on the risk
factors described in clause (iii);
``(v) consider whether highway safety
improvement projects maximize opportunities to
advance safety; and
``(vi) in conjunction with the National
Highway Traffic Safety Administration and the
Federal Motor Carrier Safety Administration,
evaluate the progress made each year in
achieving State safety goals identified in the
State strategic highway safety plan.
``(B) Schedule of highway safety improvement
projects.--As part of the State highway safety
improvement program of the State, each State shall,
including through use of the safety data system
required under subsection (e)--
``(i) identify highway safety improvement
projects;
``(ii) determine priorities for the
correction of roadway features that constitute
a hazard to road users as identified through
safety data analysis; and
``(iii) establish and implement a schedule of
highway safety improvement projects to address
roadway features identified as constituting a
hazard to road users.
``(4) Eligible projects.--
``(A) In general.--A State may obligate funds
apportioned to the State under section 104(b)(5) to
carry out--
``(i) any highway safety improvement project
on any public road or publicly owned pathway or
trail;
``(ii) any project to put in effect or
improve the safety data system required under
subsection (e), without regard to whether the
project is included in an applicable State
strategic highway safety plan;
``(iii) any project to maintain minimum
levels of retroreflectivity with respect to a
public road, without regard to whether the
project is included in an applicable State
strategic highway safety plan;
``(iv) any project for roadway safety
infrastructure improvements consistent with the
recommendations included in the publication of
the Federal Highway Administration entitled
`Highway Design Handbook for Older Drivers and
Pedestrians' (Publication number FHWA RD-01-
103), or any successor publication; or
``(v) as provided in subsection (d), other
projects.
``(B) Use of other funding for safety improvement
projects.--
``(i) Effect of section.--Nothing in this
section prohibits the use of funds made
available under other provisions of this title
for highway safety improvement projects.
``(ii) Use of other funds.--States are
encouraged to address the full scope of their
safety needs and opportunities by using, for a
highway safety improvement project, funds made
available under other provisions of this title
(except a provision that specifically prohibits
that use).
``(C) Automated traffic enforcement systems.--
``(i) Prohibition.--A State may not obligate
funds apportioned to the State under section
104(b) to carry out any program to purchase,
operate, or maintain an automated traffic
enforcement system.
``(ii) Automated traffic enforcement system
defined.--In this subparagraph, the term
`automated traffic enforcement system' means
automated technology that monitors compliance
with traffic laws.
``(5) Updated state strategic highway safety plan required.--
``(A) In general.--A State may obligate funds
apportioned to the State under section 104(b)(5) for
the second fiscal year beginning after the date of
enactment of the American Energy and Infrastructure
Jobs Act of 2012 only if the State has in effect and
has submitted to the Secretary an updated State
strategic highway safety plan that satisfies
requirements under this subsection.
``(B) Transition.--Before the second fiscal year
beginning after the date of enactment of the American
Energy and Infrastructure Jobs Act of 2012, a State may
obligate funds apportioned to the State under section
104(b)(5) in a manner consistent with a State strategic
highway safety plan of the State developed before such
date of enactment.
``(d) Flexible Funding.--To further the implementation of a State
strategic highway safety plan and the achievement of performance
measures established under section 5206 of title 49, a State may use
not more than 10 percent of the funds apportioned to the State under
section 104(b)(5) for a fiscal year to carry out safety projects under
any other section if--
``(1) the use is consistent with the State strategic highway
safety plan of the State; and
``(2) the State certifies to the Secretary that the funds are
being used for the most effective projects for making progress
toward achieving performance measures established under section
5206 of title 49.
``(e) Safety Data System.--
``(1) In general.--Not later than 1 year after the date of
enactment of the American Energy and Infrastructure Jobs Act of
2012, each State, as part of the State highway safety
improvement program of the State, shall have in effect a safety
data system to--
``(A) collect and maintain a record of safety data
with respect to all public roads in the State;
``(B) advance the capabilities of the State with
respect to safety data collection, analysis, and
integration;
``(C) identify roadway features that constitute a
hazard to road users; and
``(D) perform safety problem identification and
countermeasure analysis.
``(2) Improvement efforts.--Each State shall carry out
projects, as needed, to ensure that the safety data system of
the State enhances--
``(A) the timeliness, accuracy, completeness,
uniformity, and accessibility of safety data with
respect to all public roads in the State;
``(B) the ability of the State to integrate all
safety data collected throughout the State;
``(C) the ability of State and national safety data
systems to be compatible and interoperable;
``(D) the ability of the Secretary to observe and
analyze national trends in crash rates, outcomes, and
circumstances; and
``(E) the collection of data on crashes that involve
a bicyclist or pedestrian.
``(3) Evaluation of improvement efforts.--Each State shall
collect and maintain a record of projects undertaken to improve
the safety data system of the State and shall evaluate the
effectiveness of such projects.
``(f) Transparency.--A State shall make all plans and reports
submitted to the Secretary under this section available to the public
through--
``(1) the Internet Web site of the State transportation
department of the State; or
``(2) such other means as the Secretary determines to be
appropriate.
``(g) Discovery and Admission Into Evidence of Certain Reports,
Surveys, and Information.--Notwithstanding any other provision of law,
reports, surveys, schedules, lists, or data compiled or collected for
any purpose directly relating to this section, or published in
accordance with subsection (f), shall not be subject to discovery or
admitted into evidence in a Federal or State court proceeding or
considered for other purposes in any action for damages arising from
any occurrence at a location identified or addressed in such reports,
surveys, schedules, lists, or other data.
``(h) Federal Share of Highway Safety Improvement Projects.--The
Federal share of the cost of a highway safety improvement project
carried out with funds apportioned to a State under section 104(b)(5)
shall be 90 percent, unless a Federal share exceeding 90 percent would
apply to the project under section 120 or 130.''.
SEC. 1302. RAILWAY-HIGHWAY CROSSINGS.
(a) Transparency of State Surveys and Schedules With Respect to
Railway-highway Crossings.--
(1) Survey and schedule of projects.--Section 130(d) is
amended by adding at the end the following: ``Each State shall
make the surveys conducted and schedules implemented under this
subsection available to the public on an appropriate Internet
Web site of the State.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 1 year after the date of enactment of this
Act.
(b) Railway-Highway Crossing Information.--Section 130 is amended by
adding at the end the following:
``(m) Railway-Highway Crossing Information.--
``(1) Priority lists and action plans.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, each State shall
compile and submit to the Secretary a report that
includes--
``(i) a list of the 10 railway-highway
crossings in the State that have the greatest
need for safety improvements;
``(ii) an action plan that identifies
projects and activities the State plans to
carry out to improve safety at those railway-
highway crossings; and
``(iii) a list of projects and activities the
State carried out to improve safety at those
railway-highway crossings during the 2-year
period ending on the date on which the report
is submitted to the Secretary.
``(B) Updates.--Each State shall update and submit to
the Secretary, at least once every 2 years, the report
of that State under subparagraph (A).
``(2) Publication of reports on u.s. dot web site.--The
Secretary shall make the reports submitted under paragraph (1)
available to the public on the Internet Web site of the
Department of Transportation.
``(3) Publication of reports on state web sites.--Each State
shall make the reports compiled under paragraph (1) available
to the public on an appropriate Internet Web site of the State.
``(4) Limitation on use of data in judicial proceedings.--
Notwithstanding any other provision of law, any report, review,
survey, schedule, list, data, information, or document of any
kind compiled or collected pursuant to this subsection,
including for the purpose of identifying, evaluating, or
planning the safety enhancement of a potential accident site or
railway-highway crossing pursuant to this section, shall not be
subject to discovery or admitted into evidence in a Federal or
State court proceeding or considered for other purposes in any
action for damages arising from any occurrence at a location
mentioned or addressed in such report, review, survey,
schedule, list, data, information, or document.
``(5) Noncompliance.--If the Secretary determines that a
State is not in compliance with requirements under this
subsection, the Secretary may withhold funding that would
otherwise be apportioned to that State under this section.''.
SEC. 1303. HIGHWAY WORKER SAFETY.
(a) Positive Protective Measures.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall modify section
630.1108(a) of title 23, Code of Federal Regulations, to ensure that--
(1) at a minimum, positive protective measures are used to
separate workers on highway construction projects from
motorized traffic in all work zones where traffic is present
and where workers have no means of escape, including tunnels
and bridges, unless an engineering analysis determines such
measures are not necessary;
(2) temporary longitudinal traffic barriers are used to
protect workers on highway construction projects in stationary
work zones lasting 2 weeks or more if traffic is present, the
traffic will be traveling at a speed of 45 miles per hour or
more, and the nature of the work requires workers to be within
1 lane-width from the edge of a live travel lane, unless--
(A) an engineering analysis determines such barriers
are not necessary; or
(B) the project is located--
(i) in a State with a population density of
20 or fewer persons per square mile;
(ii) outside of an urbanized area; and
(iii) on a roadway with an annual average
daily traffic load that is less than 100
vehicles per hour; and
(3) when positive protective measures are necessary for a
highway construction project, such measures are paid for on a
unit pay basis, unless doing so would create a conflict with
innovative contracting approaches, including a design-build
contract or a performance-based contract, under which the
contractor is paid to assume a certain risk allocation and
payment is generally made on a lump sum basis.
(b) Apparel.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall modify regulations issued pursuant to
section 1402 of SAFETEA-LU (23 U.S.C. 401 note)--
(1) to allow fire services personnel, who are subject to the
regulations, to wear apparel meeting the high visibility
requirements set forth in NFPA 1971-2007 (Standard on
Protective Ensembles for Structural Fire Fighting and Proximity
Fire Fighting); and
(2) to not require such personnel to wear apparel meeting
requirements set forth in ANSI/ISEA 107-2004.
Subtitle D--Freight Mobility
SEC. 1401. NATIONAL FREIGHT POLICY.
(a) Development.--Not later than 1 year after the date of enactment
of this Act, and every 5 years thereafter, the Secretary, in
consultation with interested public and private sector freight
stakeholders, including representatives of ports, shippers, carriers,
freight-related associations, the freight industry workforce, State
transportation departments, and local governments, shall develop a 5-
year National Freight Policy. Such policy shall be consistent with the
State performance management process under section 5206(e)(1) of title
49, United States Code.
(b) Contents.--The National Freight Policy shall--
(1) specify goals, objectives, and milestones with respect to
the expansion of freight transportation capacity and the
improvement of freight transportation infrastructure in the
United States;
(2) specify programs, strategies, and projects that will
assist in achieving the goals, objectives, and milestones
specified under paragraph (1);
(3) specify the manner in which the programs, strategies, and
projects specified under paragraph (2) will achieve the goals,
objectives, and milestones specified under paragraph (1),
including with respect to a 5-year timeframe for meeting the
goals, objectives, and milestones;
(4) identify protocols to promote and ensure the
implementation of the National Freight Policy; and
(5) identify a cooperative process, which includes State and
local governments, for implementing the National Freight
Policy.
(c) Goals.--In developing the National Freight Policy, the Secretary
shall consider the goals of--
(1) investing in freight transportation infrastructure to
strengthen the economic competitiveness of the United States,
reduce congestion, and increase productivity, particularly with
respect to domestic industries and businesses that create high-
value jobs;
(2) improving and maintaining existing freight transportation
infrastructure to ensure that infrastructure meets appropriate
standards;
(3) improving the capacity of freight infrastructure across
different modes of transportation, reducing congestion, and
increasing freight throughput;
(4) incorporating concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of freight transportation infrastructure;
(5) increasing the usage and number of strategically-located,
multi-modal freight transportation facilities to reduce
congestion and emissions relating to highways in the United
States;
(6) improving the safety of freight transportation;
(7) implementing new technologies to improve the coordination
and efficiency of the movement of freight throughout the United
States;
(8) improving methods for incorporating international trade
estimates into transportation planning; and
(9) advancing the development of aerotropolis transportation
systems, which are planned and coordinated multimodal freight
and passenger transportation networks that, as determined by
the Secretary, provide efficient, cost-effective, sustainable,
and intermodal connectivity to a defined region of economic
significance centered around a major airport.
(d) Reporting.--The Secretary shall include the National Freight
Policy in the National Strategic Transportation Plan developed under
section 5205 of title 49, United States Code.
(e) Commodity Flow Survey.--The Secretary, in consultation with other
relevant Federal agencies, shall make changes to the commodity flow
survey (conducted by the Bureau of Transportation Statistics pursuant
to section 111(c)(5) of title 49, United States Code) that the
Secretary determines will reduce identified freight data gaps and
deficiencies and assist in the evaluation of forecasts of
transportation demand.
SEC. 1402. STATE FREIGHT ADVISORY COMMITTEES.
(a) In General.--The Secretary shall encourage each State to
establish a freight advisory committee consisting of a representative
cross-section of public and private sector freight stakeholders,
including representatives of ports, shippers, carriers, freight-related
associations, the freight industry workforce, the State's
transportation department, and local governments.
(b) Role of Committee.--A freight advisory committee described in
subsection (a) shall--
(1) advise the State on freight-related priorities, issues,
projects, and funding needs;
(2) serve as a forum for discussion for State transportation
decisions affecting freight mobility;
(3) communicate and coordinate regional priorities with other
organizations;
(4) promote the sharing of information between the private
and public sectors on freight issues; and
(5) participate in the development of the State's freight
plan described in section 1403 of this Act.
SEC. 1403. STATE FREIGHT PLANS.
(a) In General.--The Secretary shall encourage each State to develop
a freight plan that provides a comprehensive plan for the State's
immediate and long-range planning activities and investments with
respect to freight.
(b) Plan Contents.--A freight plan described in subsection (a) shall
include, at a minimum--
(1) an identification of significant freight system trends,
needs, and issues with respect to the State;
(2) a description of the freight policies, strategies, and
performance measures that will guide the State's freight-
related transportation investment decisions;
(3) a description of how such plan will improve the ability
of the State to meet the national freight goals established
under section 1401 of this Act and the performance targets
established under section 5206 of title 49, United States Code;
(4) evidence of consideration of innovative technologies and
operational strategies, including intelligent transportation
systems, that improve the safety and efficiency of freight
movement; and
(5) for routes on which travel by heavy vehicles, including
mining, agricultural, and timber vehicles, is projected to
substantially deteriorate the condition of roadways, a
description of improvements that may be required to reduce or
impede such deterioration.
(c) Relationship to Long-Range Plan.--A freight plan described in
subsection (a) may be developed separate from or incorporated into the
statewide strategic long-range transportation plan required by section
5204 of title 49, United States Code.
SEC. 1404. TRUCKING PRODUCTIVITY.
(a) Weight Limitations.--Section 127(a) is amended by adding at the
end the following:
``(13) Pilot program.--
``(A) In general.--The Secretary may carry out a
pilot program under which the Secretary may authorize
up to 3 States to allow, by special permit, the
operation of vehicles with a gross vehicle weight of up
to 126,000 pounds on segments on the Interstate System
in the State.
``(B) Requirements.--A State authorized under the
pilot program under subparagraph (A) shall--
``(i) identify and submit to the Secretary
for approval the segments on the Interstate
System to be subject to the program and the
configurations of vehicles to be allowed to
operate under a special permit;
``(ii) allow vehicles subject to the program
to operate on not more than 3 segments, which
may be contiguous, of up to 25 miles each;
``(iii) require the loads of vehicles
operating under a special permit to conform to
such single axle, tandem axle, tridem axle, and
bridge formula limits applicable in the State;
and
``(iv) establish and collect a fee for
vehicles operating under a special permit.
``(C) Prohibitions.--The Secretary may prohibit the
operation of a vehicle under a special permit if the
Secretary determines that the operation poses an
unreasonable safety risk based on an analysis of
engineering data, safety data, or other applicable
data.
``(D) Duration.--The Secretary may authorize a State
under the pilot program under subparagraph (A) for a
period not to exceed 4 years.''.
(b) Additional Vehicle Weight Provisions.--Section 127 is amended by
adding at the end the following:
``(i) Special Permits During Periods of Emergency.--
``(1) In general.--A State may issue special permits with
respect to a major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) to overweight vehicles and loads that
can be easily dismantled or divided allowing operations on the
Interstate System that would otherwise be prohibited under
subsection (a), if--
``(A) the permits are issued in accordance with State
law; and
``(B) the permits are issued exclusively to vehicles
and loads that are delivering relief supplies in
response to the major disaster or emergency.
``(2) Expiration.--A permit issued with respect to a major
disaster or emergency under paragraph (1) shall expire not
later than 120 days after the date of the declaration of the
major disaster or emergency as described in paragraph (1).
``(j) Emergency Vehicles.--
``(1) In general.--Notwithstanding subsection (a), a State
may not enforce against an emergency vehicle a weight limit
of--
``(A) less than 24,000 pounds on a single steering
axle;
``(B) less than 33,500 pounds on a single drive axle;
``(C) less than 62,000 pounds on a tandem axle; or
``(D) less than 52,000 pounds on a tandem rear drive
steer axle, up to a maximum gross vehicle weight of
86,000 pounds.
``(2) Emergency vehicle defined.--In this subsection, the
term `emergency vehicle' means a vehicle designed to be used
under emergency conditions--
``(A) to transport personnel and equipment; and
``(B) to support the suppression of fires or
mitigation of other hazardous situations.''.
(c) Waiver of Highway Funding Reduction.--The total amount of funds
apportioned to a State under section 104(b)(1) of title 23, United
States Code, for any period may not be reduced under section 127(a) of
such title on the basis that the State authorizes a vehicle to operate
on the Interstate System in the State in accordance with the amendments
made by this section.
(d) Length Limitations.--Section 31111 of title 49, United States
Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(5) Trailer transporter towing unit.--The term `trailer
transporter towing unit' means a power unit that is not used to
carry property when operating in a towaway trailer transporter
combination.
``(6) Towaway trailer transporter combination.--The term
`towaway trailer transporter combination' means a combination
of vehicles consisting of a trailer transporter towing unit and
2 trailers or semitrailers--
``(A) with a total weight that does not exceed 26,000
pounds; and
``(B) in which the trailers or semitrailers carry no
property and constitute inventory property of a
manufacturer, distributor, or dealer of such trailers
or semitrailers.''; and
(2) in subsection (b)(1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) imposes a vehicle length limitation, on any segment of
the Dwight D. Eisenhower System of Interstate and Defense
Highways (except a segment exempted under subsection (f)) and
those classes of qualifying Federal-aid primary system highways
designated by the Secretary of Transportation under subsection
(e), of--
``(i) less than 45 feet on a bus;
``(ii) less than 53 feet on a semitrailer operating
in a truck tractor-semitrailer combination; or
``(iii) notwithstanding section 31112, less than 33
feet on a semitrailer or trailer operating in a truck
tractor-semitrailer-trailer combination;'';
(B) in subparagraph (E) by striking ``; or'' and
inserting a semicolon;
(C) in subparagraph (F) by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(G) imposes a vehicle length limitation of less than 80
feet on a stinger steered automobile transporter with a rear
overhand of less than 6 feet;
``(H) has the effect of imposing an overall length limitation
of less than 82 feet on a towaway trailer transporter
combination;
``(I) imposes a limitation of less than 46 feet on the
distance from the kingpin to the center of the rear axle on a
trailer used exclusively or primarily for the transport of
livestock; or
``(J) has the effect of prohibiting the use of a device
designed by a bus manufacturer to affix to the rear of an
intercity bus purchased after October 1, 2012, for use in
carrying passenger baggage, if the device does not result in
the bus exceeding 47 feet in total length.''.
(e) Access to Interstate System.--Section 31114(a)(2) of title 49,
United States Code, is amended by inserting ``a towaway trailer
transporter combination as defined in section 31111(a),'' before ``or
any''.
SEC. 1405. STUDY WITH RESPECT TO TRUCK SIZES AND WEIGHTS.
(a) Study.--
(1) In general.--The Secretary shall conduct a study with
respect to truck sizes and weights in accordance with this
section.
(2) Scope.--In conducting the study, the Secretary shall
examine, in accordance with paragraph (3), the effect on
principal arterial routes and National Highway System
intermodal connectors that allowing nationwide operation of
each covered truck configuration would have.
(3) Contents.--In conducting the study, the Secretary shall--
(A) evaluate the effect on safety that allowing each
covered truck configuration to operate would have, with
consideration given to--
(i) vehicle operating characteristics under
various conditions likely to be experienced
during commercial operation;
(ii) changes in vehicle miles traveled due to
increased vehicle hauling capacity;
(iii) shifts in freight between
transportation modes;
(iv) crash rates; and
(v) vehicle stability and control;
(B) estimate--
(i) the effect on pavement performance that
allowing each covered truck configuration to
operate would have;
(ii) the effect on bridge reliability and
service life that allowing each covered truck
configuration to operate would have; and
(iii) the ability of each covered truck
configuration to comply with the Federal bridge
formula (as specified in section 127(a)(2) of
title 23, United States Code);
(C) estimate the full cost responsibility associated
with allowing each covered truck configuration to
operate, including all costs relating to pavement and
bridges, and examine methods available for recovering
such cost responsibility;
(D) examine the ability of a representative sample of
regions to meet repair and reconstruction needs related
to allowing each covered truck configuration to
operate;
(E) estimate--
(i) the extent to which freight would be
diverted from other surface transportation
modes to principal arterial routes and National
Highway System intermodal connectors if each
covered truck configuration is allowed to
operate and the effect that any such diversion
would have on other modes of transportation;
(ii) the effect that any such diversion would
have on public safety, infrastructure, cost
responsibility, fuel efficiency, and the
environment;
(iii) the effect on the transportation
network of the United States that allowing each
covered truck configuration to operate would
have; and
(iv) whether allowing each covered truck
configuration to operate would result in an
increase or decrease in the total number of
trucks operating on principal arterial routes
and National Highway System intermodal
connectors; and
(F) identify all Federal rules and regulations
impacted by changes in truck size and weight limits.
(b) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the results of the study conducted under subsection (a).
(c) Covered Truck Configuration Defined.--In this section, the term
``covered truck configuration'' means each of the following:
(1) A combination truck tractor-semitrailer--
(A) with 5 axles; and
(B) a gross weight of 88,000 pounds.
(2) A combination truck tractor-semitrailer--
(A) with 6 axles; and
(B) a gross weight of 97,000 pounds.
(3) Longer combination vehicles (as such term is defined in
section 127(d)(4) of title 23, United States Code).
(4) Any other truck configuration the Secretary determines
appropriate.
SEC. 1406. MAXIMUM WEIGHT INCREASE FOR IDLE REDUCTION TECHNOLOGY ON
HEAVY DUTY VEHICLES.
Section 127(a)(12) is amended--
(1) in subparagraph (B) by striking ``400'' and inserting
``550''; and
(2) in subparagraph (C)(ii) by striking ``400-pound'' and
inserting ``550-pound''.
Subtitle E--Federal Lands and Tribal Transportation
SEC. 1501. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
Chapter 2 is amended by striking sections 201 through 203 and
inserting the following:
``Sec. 201. General provisions
``(a) Purpose.--Recognizing the need for all Federal lands
transportation facilities and tribal transportation facilities to be
treated under uniform policies similar to the policies that apply to
Federal-aid highways and other public road and transit facilities
constructed with Federal assistance, the Secretary, in consultation
with the Secretary of each Federal land management agency, shall
establish and coordinate, in accordance with the requirements of this
section, a uniform policy for all transportation facilities constructed
under a covered program.
``(b) Covered Program Defined.--In this section, the term `covered
program' means--
``(1) the tribal transportation program established under
section 202; and
``(2) the Federal lands transportation program established
under section 203.
``(c) Availability of Funds.--
``(1) Availability.--Funds made available to carry out a
covered program shall be available for contract--
``(A) upon apportionment; or
``(B) if no apportionment is required, on October 1
of the fiscal year for which authorized.
``(2) Period of availability.--Funds apportioned or allocated
to carry out a covered program shall remain available for
obligation for a period of 3 years after the last day of the
fiscal year for which the funds are authorized. Any amounts so
apportioned or allocated that remain unobligated at the end of
that period shall lapse.
``(3) Authority of department secretaries.--
``(A) Authority to incur obligations, approve
projects, and enter into contracts.--The Secretary of a
Department charged with the administration of funds
made available to carry out a covered program may incur
obligations, approve projects, and enter into contracts
with respect to such funds.
``(B) Contractual obligations.--A Secretary's action
under subparagraph (A) shall be deemed to be a
contractual obligation of the United States to pay the
cost thereof, and the funds subject to the action shall
be deemed to have been expended when so obligated.
``(4) Expenditure.--Any funds made available to carry out a
covered program for a fiscal year shall be deemed to have been
expended if a sum equal to the total of the sums appropriated
for the fiscal year and previous fiscal years have been
obligated. Any of such funds released by payment of final
voucher or modification of project authorizations shall be
credited to the balance of unobligated appropriations and be
immediately available for expenditure.
``(5) Authority of secretary.--
``(A) Obligating funds for covered programs.--
Notwithstanding any other provision of law, either of
the following actions shall be deemed to constitute a
contractual obligation of the United States to pay the
total eligible cost of any construction project funded
under a covered program:
``(i) The authorization by the Secretary, or
the Secretary of a Department charged with the
administration of funds made available to carry
out a covered program, of engineering and
related work for the development, design, and
acquisition associated with the project,
whether performed by contract or agreement
authorized by law.
``(ii) The approval by the Secretary, or the
Secretary of a Department charged with the
administration of funds made available to carry
out a covered program, of plans,
specifications, and estimates for the project.
``(B) Limitation on statutory construction.--Nothing
in this paragraph may be construed to affect the
application of the Federal share associated with a
project undertaken under a covered program or to modify
the point of obligation associated with Federal
salaries and expenses.
``(6) Redistribution of unused obligation authority.--To the
extent that the Secretary is otherwise required to redistribute
unused obligation authority appropriated for purposes other
than section 202, a minimum of 10 percent of such unused
obligation authority shall be allocated and distributed by the
Secretary to entities eligible to receive funds under such
section for purposes of funding competitively awarded high
priority projects ensuring greater safe access to markets for
American Indian and Alaska Native communities that are,
relative to other American Indian and Alaska Native
communities, more remotely located from product and essential
service markets.
``(d) Federal Share.--
``(1) In general.--Except as provided by paragraph (2), the
Federal share payable on account of a project carried out under
a covered program shall be 100 percent of the total cost of the
project.
``(2) Operating assistance.--The Federal share payable, with
amounts made available to carry out this chapter, on account of
operating expenses for a project carried out under the Federal
lands transportation program established under section 203 may
not exceed 50 percent of the net operating costs, as determined
by the Secretary.
``(e) Transportation Planning.--
``(1) Transportation planning procedures.--In consultation
with the Secretary of each Federal land management agency, the
Secretary shall implement transportation planning procedures
for tribal transportation facilities and Federal lands
transportation facilities that are consistent with the planning
processes required under sections 5203 and 5204 of title 49.
``(2) Approval of transportation improvement program.--A
transportation improvement program developed as a part of the
transportation planning process under this subsection shall be
subject to approval by the Secretary, acting in coordination
with the Secretary of the appropriate Federal land management
agency.
``(3) Inclusion in other plans.--Any project under a covered
program that is regionally significant shall--
``(A) be developed in cooperation with appropriate
States and metropolitan planning organizations; and
``(B) be included in--
``(i) plans for the covered program;
``(ii) appropriate State and metropolitan
long-range transportation plans; and
``(iii) appropriate State and metropolitan
transportation improvement programs.
``(4) Inclusion in state programs.--A transportation
improvement program that is approved by the Secretary as a part
of the transportation planning process under this subsection
shall be included in appropriate plans and programs of States
and metropolitan planning organizations without further action
on the transportation improvement program.
``(5) Asset management.--The Secretary and the Secretary of
each Federal land management agency, to the extent appropriate,
shall have in effect safety, bridge, pavement, and congestion
management systems in support of asset management for highways
funded under a covered program.
``(6) Data collection.--
``(A) In general.--The Secretary of each Federal land
management agency shall collect and report on the data
that is necessary to implement a covered program,
including at a minimum--
``(i) inventory and condition information on
tribal roads and Federal lands highways; and
``(ii) bridge inspection and inventory
information on any Federal bridge that is open
to the public.
``(B) Standards.--The Secretary, in coordination with
the Secretary of each Federal land management agency,
shall define collection and reporting data standards
for purposes of subparagraph (A).
``(C) Tribal transportation program.--Each Secretary
collecting data under this paragraph relating to the
tribal transportation program established under section
202 shall collect such data consistent with the
requirements of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(7) Administrative expenses.--The Secretary may use up to 5
percent of the funds made available to carry out section 203
for a fiscal year for purposes of implementing the activities
described in this subsection, including direct support of
transportation planning activities among Federal land
management agencies.
``(f) References to Secretaries of Federal Land Management
Agencies.--In this chapter, the term `Secretary', when used in
connection with a Federal land management agency, means the Secretary
of the department that contains the agency.
``Sec. 202. Tribal transportation program
``(a) In General.--The Secretary shall carry out a tribal
transportation program in accordance with the requirements of this
section.
``(b) Use of Funds.--
``(1) In general.--Funds made available to carry out the
tribal transportation program shall be used by the Secretary
and the Secretary of the Interior to pay for the following:
``(A) The covered costs of--
``(i) tribal roads;
``(ii) vehicular parking areas adjacent to
tribal roads (which may include electric
vehicle charging stations);
``(iii) pedestrian walkways and bicycle
transportation facilities (as defined in
section 217) on tribal lands; and
``(iv) roadside rest areas, including
sanitary and water facilities, on tribal lands.
``(B) The costs of transportation projects eligible
for assistance under this title that are within, or
provide access to, tribal lands.
``(C) The costs of public transportation projects
eligible for assistance under section 5311(b)(1) of
title 49 that are within, or provide access to, tribal
lands (without regard to whether the project is located
in an urbanized area).
``(D) The costs of rehabilitation, restoration, and
construction of interpretive signage at tribal roads.
``(E) The costs of acquisition of necessary scenic
easements and scenic or historic sites associated with
tribal roads.
``(2) Covered costs defined.--In paragraph (1), the term
`covered costs' means the costs of transportation planning,
research, preventive maintenance, engineering, rehabilitation,
restoration, construction, and reconstruction.
``(3) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the Interior
may enter into a contract or other appropriate agreement with
respect to such activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(4) Indian labor.--Indian labor may be employed, in
accordance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to carry out any
construction or other activity described in paragraph (1).
``(5) Federal employment.--No maximum limitation on Federal
employment shall apply to construction or improvement of tribal
transportation facilities.
``(6) Administrative expenses.--
``(A) In general.--Of the funds made available to
carry out the tribal transportation program for a
fiscal year, up to 5 percent may be used by the
Secretary or the Secretary of the Interior for program
management and oversight and project-related
administrative expenses.
``(B) Reservation of funds.--The Secretary of the
Interior may reserve funds from administrative funds of
the Bureau of Indian Affairs that are associated with
the tribal transportation program to fund tribal
technical assistance centers under section 504(b).
``(7) Maintenance.--
``(A) Use of funds.--Notwithstanding any other
provision of this title, of the funds allocated to an
Indian tribe under the tribal transportation program
for a fiscal year, the Indian tribe, or the Secretary
with the consent of the affected Indian tribe, may use
for the purpose of maintenance (excluding road sealing,
which shall not be subject to any limitation) an amount
that does not exceed the greater of--
``(i) 25 percent of the funds; or
``(ii) $500,000.
``(B) Road maintenance programs on indian
reservations.--
``(i) BIA responsibility.--The Bureau of
Indian Affairs shall continue to retain primary
responsibility, including annual funding
request responsibility, for road maintenance
programs on Indian reservations.
``(ii) Funding.--The Secretary of the
Interior shall ensure that funding made
available under this paragraph for maintenance
of tribal transportation facilities for a
fiscal year is supplementary to and not in lieu
of any obligation of funds by the Bureau of
Indian Affairs for road maintenance programs on
Indian reservations.
``(C) Tribal-state road maintenance agreements.--
``(i) Authority to enter into agreements.--An
Indian tribe and a State may enter into a road
maintenance agreement under which the Indian
tribe assumes the responsibilities of the State
for tribal transportation facilities.
``(ii) Negotiations.--Agreements entered into
under clause (i)--
``(I) shall be negotiated between the
State and the Indian tribe; and
``(II) shall not require the approval
of the Secretary.
``(8) Cooperation of states and counties.--
``(A) In general.--The cooperation of States,
counties, and other political subdivisions of States
may be accepted in construction and improvement of
tribal transportation facilities.
``(B) Crediting of funds.--Any funds received from a
State, county, or other political subdivision of a
State for construction or improvement of tribal
transportation facilities shall be credited to
appropriations available for the tribal transportation
program.
``(C) State use of federal funds for tribal
transportation facilities.--
``(i) In general.--A State may provide a
portion of Federal funds apportioned to the
State under chapter 1 to an Indian tribe for an
eligible tribal transportation facility.
``(ii) Procedure.--If a State elects to
provide funds to an Indian tribe under clause
(i), the State shall transfer the funds back to
the Secretary and the Secretary shall transfer
the funds to the Indian tribe constructing or
maintaining the eligible tribal transportation
facility under an agreement pursuant to this
paragraph.
``(iii) Construction responsibility.--
Notwithstanding any other provision of law, if
a State provides funds referred to in clause
(i) to an Indian tribe--
``(I) the State shall not be
responsible for constructing or
maintaining a project carried out using
the funds or for administering or
supervising the project or funds during
the applicable statute of limitations
period of such State with respect to
actions related to the construction of
the project; and
``(II) the Indian tribe receiving the
funds shall be responsible for
constructing and maintaining a project
carried out using the funds and for
administering and supervising the
project and funds in accordance with
this section during the period referred
to in subclause (I).
``(9) Competitive bidding.--
``(A) In general.--Construction of a project under
the tribal transportation program shall be performed
pursuant to a contract awarded by competitive bidding
or other procurement process authorized under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) unless the Secretary or the
Secretary of the Interior affirmatively finds that,
under the circumstances relating to the project, some
other method is in the public interest.
``(B) Applicability of other laws.--Notwithstanding
subparagraph (A), section 23 of the Act of June 25,
1910 (36 Stat. 861; known as the Buy Indian Act) and
section 7(b) of the Indian Self-Determination and
Education Assistance Act (88 Stat. 2205) shall apply to
all funds administered by the Secretary of the Interior
that are appropriated for the construction and
improvement of tribal roads.
``(c) Funds Distribution.--
``(1) In general.--All funds authorized to be appropriated
for the tribal transportation program shall be allocated among
Indian tribes in accordance with the formula maintained by the
Secretary of the Interior under paragraph (4).
``(2) National tribal transportation facility inventory.--
``(A) In general.--The Secretary of the Interior, in
cooperation with the Secretary, shall maintain a
comprehensive national inventory of tribal
transportation facilities that are eligible for
assistance under the tribal transportation program. The
Secretary of the Interior, in cooperation with the
Secretary, by September 30, 2012, and by September 30
of every second year thereafter, shall accept into the
comprehensive national inventory those tribal
transportation facilities proposed by Indian tribes
under the regulations.
``(B) Transportation facilities included in the
inventory.--For purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary
shall include in the comprehensive national inventory,
at a minimum, transportation facilities that are
eligible for assistance under the tribal transportation
program that a tribe has requested, including
facilities that--
``(i) were included in the Bureau of Indian
Affairs system inventory prior to October 1,
2004;
``(ii) are owned by an Indian tribal
government;
``(iii) are owned by the Bureau of Indian
Affairs;
``(iv) were constructed or reconstructed with
funds from the Highway Trust Fund under the
Indian reservation roads program since 1983;
``(v) are community streets or bridges within
the exterior boundary of Indian reservations,
Alaska native villages, or other recognized
Indian communities (including communities in
former Indian reservations in Oklahoma) in
which the majority of residents are American
Indians or Alaska Natives; or
``(vi) are primary access routes proposed by
tribal governments, including roads between
villages, roads to landfills, roads to drinking
water sources, roads to natural resources
identified for economic development, and roads
that provide access to intermodal terminals,
such as airports, harbors, or boat landings.
``(C) Limitation on primary access routes.--For
purposes of this paragraph, a proposed primary access
route is the shortest practicable route connecting 2
points of the proposed route.
``(D) Additional facilities.--Nothing in this
paragraph shall preclude the Secretary of the Interior
from including additional transportation facilities
that are eligible for funding under the tribal
transportation program in the inventory if such
additional facilities are included in the inventory in
a uniform and consistent manner nationally.
``(E) Bridges.--All bridges in the inventory shall be
recorded in the national bridge inventory administered
by the Secretary under section 151.
``(3) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall maintain
regulations governing the tribal transportation program and the
funding formula under paragraph (4) in accordance with
established policies and procedures.
``(4) Basis for funding formula factors.--
``(A) In general.--The funding formula established
under this paragraph shall be based on factors that
reflect--
``(i) the relative needs among the Indian
tribes, and reservation or tribal communities,
for transportation assistance; and
``(ii) the relative administration capacities
of, and challenges faced by, various Indian
tribes, including the cost of road construction
in each Bureau of Indian Affairs area,
geographic isolation, and difficulty in
maintaining all-weather access to employment,
commerce, health, safety, and educational
resources.
``(B) Tribal high priority projects.--The tribal high
priority projects program as included in the tribal
transportation allocation methodology of part 170 of
title 25, Code of Federal Regulations (as in effect on
the date of enactment of the American Energy and
Infrastructure Jobs Act of 2012), shall continue in
effect.
``(5) Distribution of funds to indian tribes.--
``(A) In general.--Not later than 30 days after the
date on which funds are made available to the Secretary
or the Secretary of the Interior for a fiscal year to
carry out the tribal transportation program, the funds
shall be distributed to, and available for immediate
use by, eligible Indian tribes in accordance with the
formula maintained by the Secretary of the Interior
under paragraph (4).
``(B) Use of funds.--Notwithstanding any other
provision of this section, funds made available to
Indian tribes for tribal transportation facilities
shall be expended on projects identified in a
transportation improvement program approved by the
Secretary.
``(6) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribal government may approve
plans, specifications, and estimates for, and may commence, a
project for construction of a tribal transportation facility
with funds made available to carry out the tribal
transportation program through a contract or agreement entered
into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) if the Indian tribal
government--
``(A) provides assurances in the contract or
agreement that the construction will meet or exceed
applicable health and safety standards;
``(B) obtains the advance review of the plans and
specifications for the project from a State-licensed
civil engineer that has certified that the plans and
specifications meet or exceed the applicable health and
safety standards;
``(C) provides a copy of the certification under
subparagraph (A) to the Deputy Assistant Secretary for
Tribal Government Affairs of the Department of
Transportation or the Assistant Secretary of Indian
Affairs of the Department of the Interior, as
appropriate; and
``(D) except with respect to a transportation
facility owned by the Bureau of Indian Affairs or an
Indian tribe, obtains the advance written approval of
the plans, specifications, and estimates from the
facility owner or public authority having maintenance
responsibility for the facility and provides a copy of
the approval to the officials referred to in
subparagraph (C).
``(7) Contracts and agreements with indian tribes for program
costs.--
``(A) In general.--Notwithstanding any other
provision of law or any interagency agreement, program
guideline, manual, or policy directive, all funds made
available under this chapter and section 125(e) for
tribal transportation facilities to pay for the costs
of programs, services, functions, and activities, or
portions thereof, that are specifically or functionally
related to the cost of any tribal transportation
facility that provides access to or is located within
the reservation or community of an Indian tribe shall
be made available, upon request of the Indian tribal
government, to the Indian tribal government for
contracts and agreements for such planning, research,
engineering, and construction in accordance with the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(B) Exclusion of agency participation.--Funds for
programs, functions, services, or activities, or
portions thereof (including supportive administrative
functions that are otherwise contractible to which
subparagraph (A) applies) shall be paid in accordance
with subparagraph (A) without regard to the
organizational level at which the Department of
Transportation or the Department of the Interior has
previously carried out such programs, functions,
services, or activities.
``(8) Contracts and agreements with indian tribes for tribal
transportation facility programs and projects.--
``(A) In general.--Notwithstanding any other
provision of law or any interagency agreement, program
guideline, manual, or policy directive, all funds made
available to an Indian tribal government under this
title or chapter 53 of title 49 for a tribal
transportation facility program or project that is
located on an Indian reservation or provides access to
the reservation or a community of an Indian tribe shall
be made available, on the request of the Indian tribal
government, to the Indian tribal government for use in
carrying out, in accordance with the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.), contracts, agreements, and grants for the
planning, research, design, engineering, construction,
and maintenance relating to the program or project.
``(B) Exclusion of agency participation.--In
accordance with subparagraph (A), all funds for a
program or project to which subparagraph (A) applies
shall be paid to the Indian tribal government without
regard to the organizational level at which the
Department of the Interior has previously carried out,
or the Department of Transportation has previously
carried out, the programs, functions, services, or
activities involved.
``(C) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or
project to which this chapter applies may form a
consortium to be considered as a single Indian tribe
for the purpose of participating in the project under
this section.
``(D) Secretary as signatory.--Notwithstanding any
other provision of law, the Secretary is authorized to
enter into a funding agreement with an Indian tribal
government in accordance with and governed by the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) to carry out a tribal
transportation facility program or project under
subparagraph (A) that is located on an Indian
reservation or provides access to the reservation or a
community of the Indian tribe.
``(E) Funding.--The amount an Indian tribal
government receives for a program or project under
subparagraph (A) shall equal the sum of the funding
that the Indian tribal government would otherwise
receive for the program or project in accordance with
the funding formula established under this subsection
and such additional amounts as the Secretary determines
equal the amounts that would have been withheld for the
costs of the Bureau of Indian Affairs for
administration of the program or project.
``(F) Eligibility.--
``(i) In general.--Subject to clause (ii),
funds may be made available under subparagraph
(A) to an Indian tribal government for a
program or project in a fiscal year only if the
Indian tribal government requesting the funds
demonstrates to the satisfaction of the
Secretary financial stability and financial
management capability during the 3 fiscal years
immediately preceding the fiscal year for which
the request is made.
``(ii) Criteria for determining financial
stability and financial management
capability.--If an Indian tribal government did
not have an uncorrected significant and
material audit exception in a required annual
audit of the Indian tribal government's self-
determination contracts or self-governance
funding agreements with a Federal agency during
the 3-fiscal year period referred in clause
(i), the Indian tribe shall be treated as
having conclusive evidence of its financial
stability and financial management capability
for purposes of clause (i).
``(G) Assumption of functions and duties.--An Indian
tribal government receiving funding under subparagraph
(A) for a program or project shall assume all functions
and duties that the Secretary or the Secretary of the
Interior would have performed with respect to a program
or project under this chapter, other than those
functions and duties that inherently cannot be legally
transferred under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(H) Powers.--An Indian tribal government receiving
funding under subparagraph (A) for a program or project
shall have all powers that the Secretary or the
Secretary of the Interior would have exercised in
administering the funds transferred to the Indian
tribal government for such program or project under
this section if the funds had not been transferred,
except to the extent that such powers are powers that
inherently cannot be legally transferred under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(I) Dispute resolution.--In the event of a
disagreement between the Secretary or the Secretary of
the Interior and an Indian tribe over whether a
particular function, duty, or power may be lawfully
transferred under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.), the
Indian tribe shall have the right to pursue all
alternative dispute resolutions and appeal procedures
authorized by such Act, including regulations issued to
carry out such Act.
``(J) Termination of contract or agreement.--On the
date of the termination of a contract or agreement
under this section by an Indian tribal government, the
Secretary shall transfer all funds that would have been
allocated to the Indian tribal government under the
contract or agreement to the Secretary of the Interior
to provide continued transportation services in
accordance with applicable law.
``(d) Planning by Indian Tribal Governments.--
``(1) In general.--Of the funds made available for a fiscal
year to carry out the tribal transportation program, the
greater of 2 percent or $35,000 may be allocated to Indian
tribal governments that have been authorized to conduct
transportation planning pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
``(2) Cooperation.--An Indian tribal government described in
paragraph (1), in cooperation with the Secretary of the
Interior, and as appropriate with a State, local government, or
metropolitan planning organization, shall carry out a
transportation planning process in accordance with section
201(e).
``(3) Approval.--Projects selected by an Indian tribal
government described in paragraph (1) from a transportation
improvement program shall be subject to the approval of the
Secretary of the Interior and the Secretary.
``(e) Federal-Aid Eligible Project.--Before approving as a project on
a tribal transportation facility any project eligible funds apportioned
under section 104 in a State, the Secretary shall determine that the
obligation of funds for such project is supplementary to and not in
lieu of the obligation, for projects on tribal transportation
facilities, of a fair and equitable share of funds apportioned to such
State under section 104.
``(f) Eligibility for Discretionary and Competitive Grants.--
Notwithstanding any other provision of law, an Indian tribe may
directly apply for and receive any discretionary or competitive grant
made available to a State or a political subdivision of a State under
this title or chapter 53 of title 49 in the same manner and under the
same circumstances as a State or a political subdivision of a State.
``Sec. 203. Federal lands transportation program
``(a) In General.--The Secretary shall carry out a Federal lands
transportation program in accordance with the requirements of this
section.
``(b) Use of Funds.--
``(1) In general.--Funds made available to carry out the
Federal lands transportation program shall be used by the
Secretary and the Secretaries of Federal land management
agencies to pay for the following:
``(A) The covered costs of--
``(i) Federal lands highways;
``(ii) vehicular parking areas adjacent to
Federal lands highways (which may include
electric vehicle charging stations);
``(iii) pedestrian walkways and bicycle
transportation facilities (as defined in
section 217) on Federal lands; and
``(iv) roadside rest areas, including
sanitary and water facilities, on Federal
lands.
``(B) The costs of transportation projects on public
roads or trails eligible for assistance under this
title that are within, or provide access to, Federal
lands.
``(C) The costs of public transportation projects
eligible for assistance under section 5311(b)(1) of
title 49 that are within, or provide access to, Federal
lands (without regard to whether the project is located
in an urbanized area).
``(D) The costs of rehabilitation, restoration, and
construction of interpretive signage at Federal lands
highways.
``(E) The costs of acquisition of necessary scenic
easements and scenic or historic sites associated with
Federal lands highways.
``(2) Covered costs defined.--In paragraph (1), the term
`covered costs' means the costs of program administration,
transportation planning, research, preventive maintenance,
engineering, rehabilitation, restoration, construction, and
reconstruction.
``(3) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
contract or other appropriate agreement with respect to such
activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(4) Administration.--All appropriations for the
construction and improvement of Federal lands transportation
facilities shall be administered in conformity with regulations
and agreements jointly approved by the Secretary and the
Secretary of the appropriate Federal land management agency.
``(5) Cooperation.--
``(A) In general.--The cooperation of States and
political subdivisions of States may be accepted in
construction and improvement of Federal lands
transportation facilities.
``(B) Crediting of funds.--Any funds received from a
State or a political subdivision of a State for such
construction or improvement of Federal lands
transportation facilities shall be credited to
appropriations available for the class of Federal lands
transportation facilities to which funds were
contributed.
``(6) Competitive bidding.--Construction of a project under
the Federal lands transportation program shall be performed
pursuant to a contract awarded by competitive bidding unless
the Secretary or the Secretary of the appropriate Federal land
management agency affirmatively finds that, under the
circumstances relating to the project, some other method is in
the public interest.
``(c) Agency Program Distributions.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall allocate the funds made available to carry out
the Federal lands transportation program for the fiscal year on
the basis of applications of need, as determined by the
Secretary, and in coordination with the transportation plans
required by section 201(e), of the respective transportation
systems of the Federal land management agencies.
``(2) Minimum allocations.--When making an allocation of
funds under paragraph (1) for a fiscal year, the Secretary
shall ensure that, of the total amount of funds subject to the
allocation--
``(A) the National Park Service receives, at a
minimum, 38 percent;
``(B) the Forest Service receives, at a minimum, 32
percent; and
``(C) the United States Fish and Wildlife Service
receives, at a minimum, 4.5 percent.
``(3) Applications.--
``(A) In general.--The Secretary of a Federal land
management agency may submit to the Secretary an
application for assistance under the Federal lands
transportation program.
``(B) Contents.--An application submitted by the
Secretary of a Federal land management agency under
subparagraph (A) shall contain such information as the
Secretary may require, including a description of any
proposed program for which the agency is seeking
assistance and the potential funding levels for the
program.
``(C) Considerations.--In reviewing a proposed
program described in an application submitted by the
Secretary of a Federal land management agency under
subparagraph (A), the Secretary shall consider the
extent to which the program supports--
``(i) a state of good repair of
transportation facilities across the agency's
inventory;
``(ii) a reduction of deficient bridges
across the agency's inventory;
``(iii) improvement of safety across the
agency's inventory;
``(iv) high use Federal recreation sites or
Federal economic generators; and
``(v) the resource management goals of the
Secretary of the respective Federal land
management agency.
``(d) National Federal Lands Highways Inventory.--
``(1) In general.--The Secretaries of the Federal land
management agencies, in cooperation with the Secretary, shall
maintain a comprehensive national inventory of Federal lands
highways.
``(2) Highways included in the inventory.--For purposes of
identifying the Federal lands transportation system and
determining the relative transportation needs among Federal
land management agencies, the inventory shall include, at a
minimum, highways that--
``(A) provide access to high use Federal recreation
sites or Federal economic generators, as determined by
the Secretary in coordination with the Secretaries of
the Federal land management agencies; and
``(B) are administered by a Federal land management
agency.
``(3) Availability.--The Secretary of each Federal land
management agency shall maintain an inventory of the Federal
lands highways administered by the agency and make the
inventory available to the Secretary.
``(4) Updates.--The Secretary of each Federal land management
agency shall update its inventory referred to in paragraph (3)
as determined by the Secretary.
``(5) Review.--A decision to add or remove a highway from an
inventory referred to in paragraph (1) or (4) shall not be
considered a Federal action for purposes of review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).''.
SEC. 1502. DEFINITIONS.
(a) Repeals.--Paragraphs (7), (9), (12), (19), (20), (24), (25),
(26), and (28) of section 101(a) are repealed.
(b) Definitions Relating to Federal Lands and Tribal Transportation
Programs.--Section 101(a) is amended by adding at the end the
following:
``(40) Federal land management agency.--The term `Federal
land management agency' means each of the following:
``(A) The National Park Service.
``(B) The Forest Service.
``(C) The United States Fish and Wildlife Service.
``(D) The Corps of Engineers.
``(E) The Bureau of Land Management.
``(41) Federal lands.--The term `Federal lands' means lands
administered by a Federal land management agency.
``(42) Federal lands highway.--The term `Federal lands
highway' means a public road, highway, bridge, or trail that is
located on, is adjacent to, or provides access to Federal lands
and appears on the national inventory of Federal lands highways
maintained under section 203(d).
``(43) Federal lands transportation facility.--The term
`Federal lands transportation facility' means a transportation
facility eligible for assistance under section 203(b).
``(44) Tribal road.--The term `tribal road' means a public
road, highway, bridge, or trail that is located on or provides
access to tribal lands and appears on the national inventory of
tribal roads maintained under section 202(c).
``(45) Tribal transportation facility.--The term `tribal
transportation facility' means a transportation facility
eligible for assistance under section 202(b).''.
SEC. 1503. CONFORMING AMENDMENTS.
(a) Federal Share Payable.--Section 120 is amended--
(1) in subsection (e) by striking ``forest highways, forest
development roads and trails, park roads and trails, parkways,
public lands highways, public lands development roads and
trails, and Indian reservation roads'' and inserting ``tribal
roads and Federal lands highways''; and
(2) in subsection (l)--
(A) in the subsection heading by striking ``Federal
Lands Highways Program'' and inserting ``Tribal
Transportation Program and Federal Lands Transportation
Program''; and
(B) by striking ``the Federal lands highways program
under section 204'' and inserting ``the tribal
transportation program under section 202 and the
Federal lands transportation program under section
203''.
(b) Preservation of Parklands.--Section 138(a) is amended by striking
``park road or parkway under section 204 of this title'' and inserting
``Federal lands transportation facility under section 203''.
(c) Efficient Environmental Reviews for Project Decisionmaking.--
Section 139(j)(3) is amended--
(1) in the paragraph heading by striking ``Use of federal
lands highway funds'' and inserting ``Use of tribal
transportation program and federal lands transportation program
funds''; and
(2) by striking ``section 204'' and inserting ``sections 202
and 203''.
(d) Bicycle Transportation and Pedestrian Walkways.--Section 217(c)
is amended--
(1) in the subsection heading by striking ``Federal Lands
Highways'' and inserting ``Tribal Transportation Program and
Federal Lands Transportation Program Funds''; and
(2) by striking ``Funds authorized for'' and all that follows
through ``public lands highways'' and inserting ``Funds
authorized for tribal transportation facilities and Federal
lands transportation facilities''.
(e) Rules, Regulations, and Recommendations.--Section 315 is amended
by striking ``sections 204(f) and 205(a) of this title'' and inserting
``sections 203(b)(4) and 205(a)''.
SEC. 1504. REPEALS; EFFECTIVE DATE.
(a) In General.--Sections 204 and 214, and the items relating to such
sections in the analysis for chapter 2, are repealed.
(b) Existing Funds.--A repeal or amendment made by this subtitle
shall not affect funds apportioned or allocated (or funds awarded but
not yet allocated) before the effective date of the repeal or
amendment.
SEC. 1505. CLERICAL AMENDMENT.
The analysis for chapter 2 is amended by striking the items relating
to sections 201 through 203 and inserting the following:
``201. General provisions.
``202. Tribal transportation program.
``203. Federal lands transportation program.''.
SEC. 1506. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.
(a) In General.--Chapter 2 is amended by inserting after section 206
the following:
``Sec. 207. Tribal transportation self-governance program
``(a) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a program to be known as
the tribal transportation self-governance program. The Secretary may
delegate responsibilities for administration of the program as the
Secretary determines appropriate.
``(b) Eligibility.--
``(1) In general.--An Indian tribe shall be eligible to
participate in the program if the Indian tribe--
``(A) requests participation in the program by
resolution or other official action by the governing
body of the Indian tribe; and
``(B) demonstrates, for the preceding 3 fiscal years,
financial stability and financial management
capability.
``(2) Criteria for determining financial stability and
financial management capacity.--For the purposes of paragraph
(1)(B), evidence that, during the preceding 3 fiscal years, an
Indian tribe had no uncorrected significant and material audit
exceptions in the required annual audit of the Indian tribe's
self-determination contracts or self-governance funding
agreements with any Federal agency shall be conclusive evidence
of the required stability and capability.
``(c) Compacts.--
``(1) Compact required.--Upon the request of an eligible
Indian tribe, and subject to the requirements of this section,
the Secretary shall negotiate and enter into a written compact
with the Indian tribe for the purpose of providing for the
participation of the Indian tribe in the program.
``(2) Contents.--A compact entered into under paragraph (1)
shall set forth the general terms of the government-to-
government relationship between the Indian tribe and the United
States under the program and other terms that will continue to
apply in future fiscal years.
``(3) Amendments.--A compact entered into with an Indian
tribe under paragraph (1) may be amended only by mutual
agreement of the Indian tribe and the Secretary.
``(d) Annual Funding Agreements.--
``(1) Funding agreement required.--After entering into a
compact with an Indian tribe under subsection (c), the
Secretary shall negotiate and enter into a written annual
funding agreement with the Indian tribe.
``(2) Contents.--
``(A) In general.--
``(i) Discretionary and competitive grants.--
A funding agreement entered into with an Indian
tribe shall authorize the Indian tribe, as
determined by the Indian tribe, to plan,
conduct, consolidate, administer, and receive
full tribal share funding and funding to tribes
from discretionary and competitive grants
administered by the Department for all
programs, services, functions, and activities
(or portions thereof) that are made available
to Indian tribes to carry out tribal
transportation programs and programs, services,
functions, and activities (or portions thereof)
administered by the Secretary that are
otherwise available to Indian tribes.
``(ii) Transfers of state funds.--
``(I) Inclusion of transferred funds
in funding agreement.--A funding
agreement entered into with an Indian
tribe shall include Federal-aid funds
apportioned to a State under chapter 1
if the State elects to provide a
portion of such funds to the Indian
tribe for a project eligible under
section 202(b).
``(II) Method for transfers.--If a
State elects to provide funds described
in subclause (I) to an Indian tribe,
the State shall transfer the funds back
to the Secretary and the Secretary
shall transfer the funds to the Indian
tribe in accordance with this section.
``(III) Responsibility for
transferred funds.--Notwithstanding any
other provision of law, if a State
provides funds described in subclause
(I) to an Indian tribe--
``(aa) the State shall not be
responsible for constructing or
maintaining a project carried
out using the funds or for
administering or supervising
the project or funds during the
applicable statute of
limitations period related to
the construction of the
project; and
``(bb) the Indian tribe shall
be responsible for constructing
and maintaining a project
carried out using the funds and
for administering and
supervising the project and
funds in accordance with this
section during the applicable
statute of limitations period
related to the construction of
the project.
``(B) Administration of tribal shares.--The tribal
shares referred to in subparagraph (A) shall be
provided without regard to the agency or office of the
Department within which the program, service, function,
or activity (or portion thereof) is performed.
``(C) Flexible and innovative financing.--
``(i) In general.--A funding agreement
entered into with an Indian tribe under
paragraph (1) shall include provisions
pertaining to flexible and innovative financing
if agreed upon by the parties.
``(ii) Terms and conditions.--
``(I) Authority to issue
regulations.--The Secretary may issue
regulations to establish the terms and
conditions relating to the flexible and
innovative financing provisions
referred to in clause (i).
``(II) Terms and conditions in
absence of regulations.--If the
Secretary does not issue regulations
under subclause (I), the terms and
conditions relating to the flexible and
innovative financing provisions
referred to in clause (i) shall be
consistent with--
``(aa) agreements entered
into by the Department under
section 202(c)(8) before the
date of enactment of the
American Energy and
Infrastructure Jobs Act of
2012; or
``(bb) regulations of the
Department of the Interior
relating to flexible financing
contained in part 170 of title
25, Code of Federal
Regulations, as in effect on
the date of enactment of such
Act.
``(3) Discretionary and competitive grants.--Notwithstanding
any other provision of law, an Indian tribe shall be eligible
to directly apply for and receive the discretionary and
competitive grants made available under transportation programs
that States or political subdivisions of States are eligible to
apply for and receive.
``(4) Terms.--A funding agreement shall set forth--
``(A) terms that generally identify the programs,
services, functions, and activities (or portions
thereof) to be performed or administered by the Indian
tribe; and
``(B) for items identified in subparagraph (A)--
``(i) the general budget category assigned;
``(ii) the funds to be provided, including
those funds to be provided on a recurring
basis;
``(iii) the time and method of transfer of
the funds;
``(iv) the responsibilities of the Secretary
and the Indian tribe; and
``(v) any other provision agreed to by the
Indian tribe and the Secretary.
``(5) Subsequent funding agreements.--
``(A) Applicability of existing agreement.--Absent
notification from an Indian tribe that the Indian tribe
is withdrawing from or retroceding the operation of one
or more programs, services, functions, or activities
(or portions thereof) identified in a funding
agreement, or unless otherwise agreed to by the
parties, each funding agreement shall remain in full
force and effect until a subsequent funding agreement
is executed.
``(B) Effective date of subsequent agreement.--The
terms of the subsequent funding agreement shall be
retroactive to the end of the term of the preceding
funding agreement.
``(6) Consent of indian tribe required.--The Secretary shall
not revise, amend, or require additional terms in a new or
subsequent funding agreement without the consent of the Indian
tribe that is subject to the agreement unless such terms are
required by Federal law.
``(e) General Provisions.--
``(1) Redesign and consolidation.--
``(A) In general.--An Indian tribe, in any manner
that the Indian tribe considers to be in the best
interest of the Indian community being served, may--
``(i) redesign or consolidate programs,
services, functions, and activities (or
portions thereof) included in a funding
agreement; and
``(ii) reallocate or redirect funds for such
programs, services, functions, and activities
(or portions thereof), if the funds are--
``(I) expended on projects identified
in a transportation improvement program
approved by the Secretary; and
``(II) used in accordance with
appropriations Acts and other
applicable statutory limitations.
``(B) Exception.--Notwithstanding subparagraph (A),
if, pursuant to subsection (d), an Indian tribe
receives a discretionary or competitive grant from the
Secretary or receives State apportioned funds, the
Indian tribe shall use the funds for the purpose for
which the funds were originally authorized.
``(2) Retrocession.--
``(A) In general.--
``(i) Authority of indian tribes.--An Indian
tribe may retrocede (fully or partially) to the
Secretary programs, services, functions, or
activities (or portions thereof) included in a
compact or funding agreement.
``(ii) Reassumption of remaining funds.--
Following a retrocession described in clause
(i), the Secretary may--
``(I) reassume the remaining funding
associated with the retroceded
programs, functions, services, and
activities (or portions thereof)
included in the applicable compact or
funding agreement;
``(II) out of such remaining funds,
transfer funds associated with
Department of Interior programs,
services, functions, or activities (or
portions thereof) to the Secretary of
the Interior to carry out
transportation services provided by the
Secretary of the Interior; and
``(III) distribute funds not
transferred under subclause (II) in
accordance with applicable law.
``(iii) Correction of programs.--If the
Secretary makes a finding under subsection
(f)(2)(B) and no funds are available under
subsection (f)(2)(A)(ii), the Secretary shall
not be required to provide additional funds to
complete or correct any programs, functions, or
activities (or portions thereof).
``(B) Effective date.--Unless the Indian tribe
rescinds a request for retrocession, the retrocession
shall become effective within the timeframe specified
by the parties in the compact or funding agreement. In
the absence of such a specification, the retrocession
shall become effective on--
``(i) the earlier of--
``(I) 1 year after the date of
submission of the request; or
``(II) the date on which the funding
agreement expires; or
``(ii) such date as may be mutually agreed
upon by the parties and, with respect to
Department of the Interior programs, functions,
services, and activities (or portions thereof),
the Secretary of the Interior.
``(f) Provisions Relating to the Secretary.--
``(1) Decisionmaker.--A decision that constitutes a final
agency action and relates to an appeal of the rejection of a
final offer by the Department shall be made either--
``(A) by an official of the Department who holds a
position at a higher organizational level within the
Department than the level of the departmental agency in
which the decision that is the subject of the appeal
was made; or
``(B) by an administrative judge.
``(2) Termination of compact or funding agreement.--
``(A) Authority to terminate.--
``(i) Provision to be included in compact or
funding agreement.--A compact or funding
agreement shall include a provision authorizing
the Secretary, if the Secretary makes a finding
described in subparagraph (B), to--
``(I) terminate the compact or
funding agreement (or a portion
thereof); and
``(II) reassume the remaining funding
associated with the reassumed programs,
functions, services, and activities
included in the compact or funding
agreement.
``(ii) Transfers of funds.--Out of any funds
reassumed under clause (i)(II), the Secretary
may transfer the funds associated with
Department of the Interior programs, functions,
services, and activities (or portions thereof)
to the Secretary of the Interior to provide
continued transportation services in accordance
with applicable law.
``(B) Findings resulting in termination.--The finding
referred to in subparagraph (A) is a specific finding
of--
``(i) imminent jeopardy to a trust asset,
natural resources, or public health and safety
that is caused by an act or omission of the
Indian tribe and that arises out of a failure
to carry out the compact or funding agreement,
as determined by the Secretary; or
``(ii) gross mismanagement with respect to
funds or programs transferred to the Indian
tribe under the compact or funding agreement,
as determined by the Secretary in consultation
with the Inspector General of the Department,
as appropriate.
``(C) Prohibition.--The Secretary shall not terminate
a compact or funding agreement (or portion thereof)
unless--
``(i) the Secretary has first provided
written notice and a hearing on the record to
the Indian tribe that is subject to the compact
or funding agreement; and
``(ii) the Indian tribe has not taken
corrective action to remedy the mismanagement
of funds or programs or the imminent jeopardy
to a trust asset, natural resource, or public
health and safety.
``(D) Exception.--
``(i) In general.--Notwithstanding
subparagraph (C), the Secretary, upon written
notification to an Indian tribe that is subject
to a compact or funding agreement, may
immediately terminate the compact or funding
agreement (or portion thereof) if--
``(I) the Secretary makes a finding
of imminent substantial and irreparable
jeopardy to a trust asset, natural
resource, or public health and safety;
and
``(II) the jeopardy arises out of a
failure to carry out the compact or
funding agreement.
``(ii) Hearings.--If the Secretary terminates
a compact or funding agreement (or portion
thereof) under clause (i), the Secretary shall
provide the Indian tribe subject to the compact
or agreement with a hearing on the record not
later than 10 days after the date of such
termination.
``(E) Burden of proof.--In any hearing or appeal
involving a decision to terminate a compact or funding
agreement (or portion thereof) under this paragraph,
the Secretary shall have the burden of proof in
demonstrating by clear and convincing evidence the
validity of the grounds for the termination.
``(g) Cost Principles.--In administering funds received under this
section, an Indian tribe shall apply cost principles under the
applicable Office of Management and Budget circular, except as modified
by section 106 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450j-1), other provisions of law, or by any
exemptions to applicable Office of Management and Budget circulars
subsequently granted by the Office of Management and Budget. No other
audit or accounting standards shall be required by the Secretary. Any
claim by the Federal Government against the Indian tribe relating to
funds received under a funding agreement based on any audit conducted
pursuant to this subsection shall be subject to the provisions of
section 106(f) of such Act (25 U.S.C. 450j-1(f)).
``(h) Transfer of Funds.--The Secretary shall provide funds to an
Indian tribe under a funding agreement in an amount equal to--
``(1) the sum of the funding that the Indian tribe would
otherwise receive for the program, function, service, or
activity in accordance with a funding formula or other
allocation method established under this title or chapter 53 of
title 49; and
``(2) such additional amounts as the Secretary determines
equal the amounts that would have been withheld for the costs
of the Bureau of Indian Affairs for administration of the
program or project.
``(i) Construction Programs.--
``(1) Standards.--Construction projects carried out under
programs administered by an Indian tribe with funds transferred
to the Indian tribe pursuant to a funding agreement entered
into under this section shall be constructed pursuant to the
construction program standards set forth in applicable
regulations or as specifically approved by the Secretary (or
the Secretary's designee).
``(2) Monitoring.--Construction programs shall be monitored
by the Secretary in accordance with applicable regulations.
``(j) Facilitation.--
``(1) Secretarial interpretation.--Except as otherwise
provided by law, the Secretary shall interpret all Federal
laws, Executive orders, and regulations in a manner that will
facilitate--
``(A) the inclusion of programs, services, functions,
and activities (or portions thereof) and funds
associated therewith, in compacts and funding
agreements; and
``(B) the implementation of the compacts and funding
agreements.
``(2) Regulation waiver.--
``(A) In general.--An Indian tribe may submit to the
Secretary a written request to waive application of a
regulation promulgated under this section with respect
to a compact or funding agreement. The request shall
identify the regulation sought to be waived and the
basis for the request.
``(B) Approvals and denials.--
``(i) In general.--Not later than 90 days
after the date of receipt of a written request
under subparagraph (A), the Secretary shall
approve or deny the request in writing.
``(ii) Denials.--The Secretary may deny a
request under clause (i) only if the Secretary
finds that the identified language in the
regulation may not be waived because the waiver
is prohibited by Federal law.
``(iii) Deemed approval.--If the Secretary
does not approve or deny a request submitted
under subparagraph (A) on or before the last
day of the 90-day period referred to in clause
(i), the request shall be deemed approved.
``(iv) Finality of decisions.--A decision by
the Secretary under this subparagraph shall be
final for the Department.
``(k) Disclaimers.--
``(1) Existing authority.--Notwithstanding any other
provision of law, upon the election of an Indian tribe, the
Secretary shall--
``(A) maintain current Federal Highway Administration
Indian reservation roads program and funding
agreements; or
``(B) enter into new agreements under the authority
of section 202(c)(8).
``(2) Limitation on statutory construction.--Nothing in this
section may be construed to impair or diminish the authority of
the Secretary under section 202(c)(8).
``(l) Applicability of Indian Self-Determination and Education
Assistance Act.--Except to the extent in conflict with this section (as
determined by the Secretary), the following provisions of the Indian
Self-Determination and Education Assistance Act shall apply to compact
and funding agreements (except that references to the Secretary of the
Interior in such provisions shall treated as a references to the
Secretary of Transportation):
``(1) Subsections (a), (b), (d), (g), and (h) of section 506
of such Act (25 U.S.C. 458aaa-5), relating to general
provisions.
``(2) Subsections (b) through (e) and (g) of section 507 of
such Act (25 U.S.C.458aaa-6), relating to provisions relating
to the Secretary of Health and Human Services.
``(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k)
of section 508 of such Act (25 U.S.C. 458aaa-7), relating to
transfer of funds.
``(4) Section 510 of such Act (25 U.S.C. 458aaa-9), relating
to Federal procurement laws and regulations.
``(5) Section 511 of such Act (25 U.S.C. 458aaa-10), relating
to civil actions.
``(6) Subsections (a)(1), (a)(2), and (c) through (f) of
section 512 of such Act (25 U.S.C. 458aaa-11), relating to
facilitation, except that subsection (c)(1) of that section
shall be applied by substituting `transportation facilities and
other facilities' for `school buildings, hospitals, and other
facilities'.
``(7) Subsections (a) and (b) of section 515 of such Act (25
U.S.C. 458aaa-14), relating to disclaimers.
``(8) Subsections (a) and (b) of section 516 of such Act (25
U.S.C. 458aaa-15), relating to application of title I
provisions.
``(9) Section 518 of such Act (25 U.S.C. 458aaa-17), relating
to appeals.
``(m) Definitions.--
``(1) In general.--In this section, the following definitions
apply (except as otherwise expressly provided):
``(A) Compact.--The term `compact' means a compact
between the Secretary and an Indian tribe entered into
under subsection (c).
``(B) Department.--The term `Department' means the
Department of Transportation.
``(C) Eligible indian tribe.--The term `eligible
Indian tribe' means an Indian tribe that is eligible to
participate in the program, as determined under
subsection (b).
``(D) Funding agreement.--The term `funding
agreement' means a funding agreement between the
Secretary and an Indian tribe entered into under
subsection (d).
``(E) Indian tribe.--The term `Indian tribe' means
any Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a). In any case in which an Indian tribe
has authorized another Indian tribe, an inter-tribal
consortium, or a tribal organization to plan for or
carry out programs, services, functions, or activities
(or portions thereof) on its behalf under this part,
the authorized Indian tribe, inter-tribal consortium,
or tribal organization shall have the rights and
responsibilities of the authorizing Indian tribe
(except as otherwise provided in the authorizing
resolution or in this title). In such event, the term
`Indian tribe' as used in this part shall include such
other authorized Indian tribe, inter-tribal consortium,
or tribal organization.
``(F) Program.--The term `program' means the tribal
transportation self-governance program established
under this section.
``(G) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(H) Transportation programs.--The term
`transportation programs' means all programs
administered or financed by the Department under this
title and chapter 53 of title 49.
``(2) Applicability of other definitions.--In this section,
the definitions set forth in sections 4 and 505 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b; 458aaa) apply, except as otherwise expressly provided in
this section.
``(n) Regulations.--
``(1) In general.--
``(A) Promulgation.--Not later than 90 days after the
date of enactment of the American Energy and
Infrastructure Jobs Act of 2012, the Secretary shall
initiate procedures under subchapter III of chapter 5
of title 5 to negotiate and promulgate such regulations
as are necessary to carry out this section.
``(B) Publication of proposed regulations.--Proposed
regulations to implement this section shall be
published in the Federal Register by the Secretary not
later than 21 months after such date of enactment.
``(C) Expiration of authority.--The authority to
promulgate regulations under this paragraph shall
expire 30 months after such date of enactment.
``(D) Extension of deadlines.--A deadline set forth
in subparagraph (B) or (C) may be extended up to 180
days if the negotiated rulemaking committee referred to
in paragraph (2) concludes that the committee cannot
meet the deadline and the Secretary so notifies the
appropriate committees of Congress.
``(2) Committee.--
``(A) In general.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry
out this subsection shall have as its members only
Federal and tribal government representatives, a
majority of whom shall be nominated by and be
representatives of Indian tribes with funding
agreements under this title.
``(B) Requirements.--The committee shall confer with,
and accommodate participation by, representatives of
Indian tribes, inter-tribal consortia, tribal
organizations, and individual tribal members.
``(C) Adaptation of procedures.--The Secretary shall
adapt the negotiated rulemaking procedures to the
unique context of self-governance and the government-
to-government relationship between the United States
and Indian tribes.
``(3) Effect.--The lack of promulgated regulations shall not
limit the effect of this section.
``(4) Effect of circulars, policies, manuals, guidance, and
rules.--Unless expressly agreed to by the participating Indian
tribe in the compact or funding agreement, the participating
Indian tribe shall not be subject to any agency circular,
policy, manual, guidance, or rule adopted by the Department of
Transportation, except regulations promulgated under this
section.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 206 the following:
``207. Tribal transportation self-governance program.''.
Subtitle F--Program Elimination and Consolidation
SEC. 1601. PROGRAM ELIMINATION AND CONSOLIDATION.
(a) General Provisions.--
(1) Existing funds.--A repeal or amendment made by this
section shall not affect funds apportioned or allocated before
the effective date of the repeal.
(2) Amendatory provisions.--A repeal made by this section of
a provision that contains an amendment to or repeal of another
law shall not be construed to affect that law. The amendment to
or repeal of that law shall remain in effect as if this section
had not been enacted.
(b) Revenue Aligned Budget Authority.--Section 110, and the item
relating to that section in the analysis for chapter 1, are repealed.
(c) High Priority Projects Program.--Section 117, and the item
relating to that section in the analysis for chapter 1, are repealed.
(d) Set Asides for Interstate Discretionary Projects.--Section 118(c)
is repealed.
(e) Control of Junkyards.--Section 136, and the item relating to that
section in the analysis for chapter 1, are repealed.
(f) Highway Bridge Program.--Section 144, and the item relating to
that section in the analysis for chapter 1, are repealed.
(g) Hazard Elimination Program.--Section 152, and the item relating
to that section in the analysis for chapter 1, are repealed.
(h) Safety Incentive Grants for the Use of Seat Belts.--Section 157,
and the item relating to that section in the analysis for chapter 1,
are repealed.
(i) Access Highways to Public Recreation Areas on Certain Lakes.--
Section 155, and the item relating to that section in the analysis for
chapter 1, are repealed.
(j) Reimbursement for Segments of the Interstate System Constructed
Without Federal Assistance.--Section 160, and the item relating to that
section in the analysis for chapter 1, are repealed.
(k) National Scenic Byways Program.--Section 162, and the item
relating to that section in the analysis for chapter 1, are repealed.
(l) Inter-American Highway.--Section 212, and the item relating to
that section in the analysis for chapter 2, are repealed.
(m) Darien Gap Highway.--Section 216, and the item relating to that
section in the analysis for chapter 2, are repealed.
(n) State Coordinators.--Section 217 (as amended by this Act) is
further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (j) as
subsections (d) through (i), respectively.
(o) Alaska Highway.--Section 218 is amended--
(1) in subsection (a)--
(A) by striking the first 2 sentences;
(B) in the third sentence--
(i) by striking ``, in addition to such
funds,''; and
(ii) by striking ``such highway or''; and
(C) by striking ``No expenditures'' and all that
follows through the period at the end;
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(p) Management Systems.--Section 303, and the item relating to that
section in the analysis for chapter 3, are repealed.
(q) Cooperation With Other American Republics.--Section 309, and the
item relating to that section in the analysis for chapter 3, are
repealed.
(r) Landscaping and Scenic Enhancement.--Section 319 is amended--
(1) by striking ``(a) Landscape and Roadside Development.--
''; and
(2) by striking subsection (b).
(s) Magnetic Levitation Transportation Technology Deployment
Program.--Section 322, and the item relating to that section in the
analysis for chapter 3, are repealed.
(t) Transportation, Community, and System Preservation Program.--
Section 1117 of SAFETEA-LU (119 Stat. 1177), and the item relating to
that section in the table of contents contained in section 1(b) of that
Act, are repealed.
(u) Projects of National and Regional Significance.--Section 1301 of
SAFETEA-LU (119 Stat. 1198), and the item relating to that section in
the table of contents contained in section 1(b) of that Act, are
repealed.
(v) National Corridor Infrastructure Improvement Program.--Section
1302 of SAFETEA-LU (119 Stat. 1204), and the item relating to that
section in the table of contents contained in section 1(b) of that Act,
are repealed.
(w) Truck Parking Facilities.--Section 1305 of SAFETEA-LU (119 Stat.
1214), and the item relating to that section in the table of contents
contained in section 1(b) of that Act, are repealed.
(x) Freight Intermodal Distribution Pilot Grant Program.--Section
1306 of SAFETEA-LU (119 Stat. 1215), and the item relating to that
section in the table of contents contained in section 1(b) of that Act,
are repealed.
(y) Deployment of Magnetic Levitation Transportation Projects.--
Section 1307 of SAFETEA-LU (119 Stat. 1217), and the item relating to
that section in the table of contents contained in section 1(b) of that
Act, are repealed.
(z) Delta Region Transportation Development Program.--Section 1308 of
SAFETEA-LU (119 Stat. 1218), and the item relating to that section in
the table of contents contained in section 1(b) of that Act, are
repealed.
(aa) Safe Routes to School Program.--Section 1404 of SAFETEA-LU (119
Stat. 1228), and the item relating to that section in the table of
contents contained in section 1(b) of that Act, are repealed.
(bb) National Work Zone Safety Information Clearinghouse.--Section
1410 of SAFETEA-LU (119 Stat. 1233), and the item relating to that
section in the table of contents contained in section 1(b) of that Act,
are repealed.
(cc) Roadway Safety.--Section 1411(b) of SAFETEA-LU (119 Stat. 1234)
is repealed.
(dd) Highways for LIFE Pilot Program.--Section 1502 of SAFETEA-LU
(119 Stat. 1236), and the item relating to that section in the table of
contents contained in section 1(b) of that Act, are repealed.
(ee) Express Lanes Demonstration Program.--Section 1604(b) of
SAFETEA-LU (119 Stat. 1250) is repealed.
(ff) Interstate System Construction Toll Pilot Program.--Section
1604(c) of SAFETEA-LU (119 Stat. 1253) is repealed.
(gg) America's Byways Resource Center.--Section 1803 of SAFETEA-LU
(119 Stat. 1458), and the item relating to that section in the table of
contents contained in section 1(b) of that Act, are repealed.
(hh) National Historic Covered Bridge Preservation.--Section 1804 of
SAFETEA-LU (119 Stat. 1458), and the item relating to that section in
the table of contents contained in section 1(b) of that Act, are
repealed.
(ii) Nonmotorized Transportation Pilot Program.--Section 1807 of
SAFETEA-LU (119 Stat. 1460), and the item relating to that section in
the table of contents contained in section 1(b) of that Act, are
repealed.
(jj) Grant Program to Prohibit Racial Profiling.--Section 1906 of
SAFETEA-LU (119 Stat. 1468), and the item relating to that section in
the table of contents contained in section 1(b) of that Act, are
repealed.
(kk) Pavement Marking Systems Demonstration Projects.--Section 1907
of SAFETEA-LU (119 Stat. 1469), and the item relating to that section
in the table of contents contained in section 1(b) of that Act, are
repealed.
(ll) Limitation on Project Approval.--Section 1958 of SAFETEA-LU (119
Stat. 1515), and the item relating to that section in the table of
contents contained in section 1(b) of that Act, are repealed.
Subtitle G--Miscellaneous
SEC. 1701. TRANSPORTATION ENHANCEMENT ACTIVITY DEFINED.
Section 101(a)(35) is amended--
(1) by striking subparagraphs (C), (F), (G), (H), and (L);
and
(2) by redesignating subparagraphs (D), (E), (I), (J), and
(K) as subparagraphs (C), (D), (E), (F), and (G), respectively.
SEC. 1702. PAVEMENT MARKINGS.
Section 109 is amended by adding at the end the following:
``(r) Pavement Markings.--The Secretary may not approve any pavement
markings project that includes the use of glass beads containing more
than 200 parts per million of arsenic or lead.''.
SEC. 1703. REST AREAS.
(a) Agreements Relating to Use of and Access to Rights-of-Way--
Interstate System.--Section 111 is amended--
(1) in subsection (a) in the second sentence by striking the
period and inserting ``and will not change the boundary of any
right-of-way on the Interstate System to accommodate
construction of, or afford access to, an automotive service
station or other commercial establishment.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Rest Areas.--
``(1) In general.--Notwithstanding subsection (a), the
Secretary shall permit a State to acquire, construct, operate,
and maintain a rest area along a highway on the Interstate
System in such State.
``(2) Eligible activities.--The Secretary shall permit a rest
area under paragraph (1) to include commercial activities that
provide goods, services, and information serving the traveling
public and the commercial motor carrier industry. Such
commercial activities shall be limited to--
``(A) commercial advertising and media displays if
such advertising and displays are--
``(i) exhibited solely within any facility
constructed in the rest area; and
``(ii) not legible from the main traveled
way;
``(B) State promotional or tourism items;
``(C) tourism-related merchandise and products,
including electronics and clothing;
``(D) historical or tourism-related entertainment
items, including event or attraction tickets;
``(E) travel-related information, including maps,
travel booklets, and hotel coupon booklets;
``(F) automatic teller machines; and
``(G) lottery machines.
``(3) Private operators.--A State may permit a private party
to operate such commercial activities.
``(4) Limitation on use of revenues.--A State shall use any
revenues received from the commercial activities in a rest area
under this section to cover the costs of acquiring,
constructing, operating, and maintaining rest areas in the
State.''.
(b) Control of Outdoor Advertising.--Section 131(i) is amended by
adding at the end the following: ``A State may permit the installation
of signs that acknowledge the sponsorship of rest areas within such
rest areas or along the main traveled way of the system, provided that
such signs shall not affect the safe and efficient utilization of the
Interstate System and the primary system. The Secretary shall establish
criteria for the installation of such signs on the main traveled way,
including criteria pertaining to the placement of rest area sponsorship
acknowledgment signs in relation to the placement of advance guide
signs for rest areas.''.
SEC. 1704. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE
SYSTEM.
Section 111 is amended by adding at the end the following:
``(e) Justification Reports.--If the Secretary requests or requires a
justification report for a project that would add a point of access to,
or exit from, the Interstate System, the Secretary may permit a State
transportation department to approve such report.''.
SEC. 1705. PATENTED OR PROPRIETARY ITEMS.
Section 112 is amended by adding at the end the following:
``(h) Use of Patented or Proprietary Items.--The Secretary shall
approve the use, by a State, of Federal funds made available to carry
out this chapter to pay for patented or proprietary items if the State
transportation department certifies, based on the documented analysis
and professional judgment of qualified State transportation officials,
that--
``(1) no equally suitable alternative item exists;
``(2) any specified patented or proprietary item will be
clearly identified as a patented or proprietary item in bid
documents; and
``(3) any specified patented or proprietary item will be
available in sufficient quantity to complete any project
identified in bid documents.''.
SEC. 1706. PREVENTIVE MAINTENANCE.
Section 116 is amended by adding at the end the following:
``(e) Definitions.--In this section, the following definitions apply:
``(1) Preventive maintenance.--The term `preventive
maintenance' includes pavement preservation programs and
activities.
``(2) Pavement preservation programs and activities.--The
term `pavement preservation programs and activities' means
programs and activities employing a network level, long-term
strategy that enhances pavement performance by using an
integrated, cost-effective set of practices that extend
pavement life, improve safety, and meet road user
expectations.''.
SEC. 1707. MAPPING.
(a) In General.--Section 306 is amended--
(1) in subsection (a) by striking ``may'' and inserting
``shall'';
(2) in subsection (b) by striking ``State and'' and inserting
``State government and''; and
(3) by adding at the end the following:
``(c) Implementation.--The Secretary shall develop a process for the
oversight and monitoring, on an annual basis, of the compliance of each
State with the guidance issued under subsection (b).''.
(b) Survey.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall conduct a survey of all States to
determine what percentage of projects carried out under title 23,
United States Code, in each State utilize private sector sources for
surveying and mapping services.
SEC. 1708. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.
(a) In General.--Chapter 3 is amended by adding at the end the
following:
``Sec. 330. Funding flexibility for transportation emergencies
``(a) In General.--Notwithstanding any other provision of law, the
chief executive of a State, after declaring an emergency with respect
to a transportation facility under subsection (b), may use any covered
funds of the State to repair or replace the transportation facility.
``(b) Declaration of Emergency.--To declare an emergency with respect
to a transportation facility for purposes of subsection (a), the chief
executive of a State shall provide to the Secretary written notice of
the declaration, which shall specify--
``(1) the emergency;
``(2) the affected transportation facility; and
``(3) the repair or replacement activities to be carried out.
``(c) Definitions.--In this section, the following definitions apply:
``(1) Covered funds.--The term `covered funds' means any
amounts apportioned to a State under this title, including any
such amounts required to be set aside for a purpose other than
the repair or replacement of a transportation facility under
this section.
``(2) Emergency.--The term `emergency' means any unexpected
event or condition that--
``(A) may cause, or has caused, the catastrophic
failure of a transportation facility; and
``(B) is determined to be an emergency by the chief
executive of a State.
``(3) Transportation facility.--The term `transportation
facility' means any component of the National Highway System.
``(d) Limitation on Statutory Construction.--Nothing in this section
may be construed to allow a State to change the division of surface
transportation program funding under section 133(d)(3).''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``330. Funding flexibility for transportation emergencies.''.
SEC. 1709. BUDGET JUSTIFICATION.
(a) In General.--Subchapter I of chapter 3 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 310. Budget justification
``The Secretary of Transportation and the head of each modal
administration of the Department of Transportation shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
budget justification concurrently with the President's annual budget
submission to Congress.''.
(b) Clerical Amendment.--The analysis for chapter 3 is amended by
inserting after the item relating to section 309 the following:
``310. Budget justification.''.
SEC. 1710. EXTENSION OF OVER-THE-ROAD BUS AND PUBLIC TRANSIT VEHICLE
EXEMPTION FROM AXLE WEIGHT RESTRICTIONS.
Section 1023(h) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 127 note) is amended--
(1) in the heading of paragraph (1) by striking ``Temporary
exemption'' and inserting ``Exemption'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ``, for the period beginning on October 6,
1992, and ending on October 1, 2009,'';
(B) in subparagraph (A) by striking ``or'' at the
end;
(C) in subparagraph (B) by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following:
``(C) any motor home (as such term is defined in
section 571.3 of title 49, Code of Federal
Regulations).''; and
(3) in paragraph (2)(A) by striking ``For the period
beginning on the date of enactment of this subparagraph and
ending on September 30, 2009, a'' and inserting ``A''.
SEC. 1711. REPEAL OF REQUIREMENT FOR INTERSTATE SYSTEM DESIGNATION.
Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended by striking ``that the segment'' and
all that follows through the period at the end and inserting ``that the
segment meets the Interstate System design standards approved by the
Secretary under section 109(b) of title 23, United States Code.''.
SEC. 1712. RETROREFLECTIVITY.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend the Manual on Uniform Traffic Control Devices to
remove compliance dates with respect to retroreflectivity standards for
regulatory, warning, and other post-mounted guide signs and for street
name and other overhead guide signs.
SEC. 1713. ENGINEERING JUDGMENT.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue guidance to State transportation departments
clarifying that the standards, guidance, and options for design and
application of traffic control devices provided in the Manual on
Uniform Traffic Control Devices should not be considered a substitute
for engineering judgment.
SEC. 1714. EVACUATION ROUTES.
Each State shall give adequate consideration to the needs of
evacuation routes when allocating funds apportioned to the State under
title 23, Unites States Code, for the construction of Federal-aid
highways.
SEC. 1715. TRUCK PARKING.
(a) Truck Parking Survey.--
(1) Requirement.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with
appropriate State motor carrier safety personnel, shall conduct
a survey of each State--
(A) to develop a system of metrics to measure the
adequacy of commercial motor vehicle parking facilities
in the State;
(B) to assess the volume of commercial motor vehicle
traffic in the State; and
(C) to evaluate the capability of the State to
provide adequate parking and rest facilities for
commercial motor vehicles engaged in interstate
transportation.
(2) Publication of results.--The Secretary shall make
available to the public on the Internet Web site of the
Department the results of surveys conducted under paragraph
(1).
(3) Periodic updates.--The Secretary shall periodically
update surveys conducted under paragraph (1).
(b) Truck Parking Projects.--A State may obligate funds apportioned
to the State under paragraph (1), (2), (3), or (5) of section 104(b) of
title 23, United States Code, for the following, if serving the
National Highway System:
(1) Constructing a safety rest area (as defined in section
120(c) of such title) that includes parking for commercial
motor vehicles.
(2) Constructing a commercial motor vehicle parking facility
adjacent to a commercial truck stop or travel plaza.
(3) Making a facility available to commercial motor vehicle
parking, including an inspection and weigh station or a park-
and-ride facility.
(4) Promoting the availability of publicly or privately
provided commercial motor vehicle parking using intelligent
transportation systems and other means.
(5) Constructing a turnout for commercial motor vehicles.
(6) Making capital improvements to a seasonal public
commercial motor vehicle parking facility to allow the facility
to remain open throughout the year.
(7) Improving the geometric design of an interchange to
improve access to a commercial motor vehicle parking facility.
(c) Electric Vehicle Infrastructure.--A State may establish electric
vehicle charging stations for the use of battery powered trucks or
other motor vehicles at any parking facility funded or authorized under
this Act or title 23, United States Code. Such charging stations shall
be eligible for the same funds as are available for the parking
facilities in which they are located.
SEC. 1716. USE OF CERTAIN ADMINISTRATIVE EXPENSES.
(a) In General.--Out of the funds made available under section 104(a)
of title 23, United States Code, the Secretary may use not to exceed a
total of $2,000,000 each fiscal year--
(1) to operate the national work zone safety information
clearinghouse authorized by section 358(b)(2) of the National
Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109
Stat. 625);
(2) to operate a public road safety clearinghouse under
section 1411(a) of SAFETEA-LU (23 U.S.C. 402 note; 119 Stat.
1234); and
(3) to provide work zone safety grants under subsections (a)
and (b) of section 1409 of SAFETEA-LU (23 U.S.C. 401 note; 119
Stat. 1232).
(b) Conforming Amendments.--
(1) Roadway safety.--Section 1411(a) of SAFETEA-LU (23 U.S.C.
402 note; 119 Stat. 1234) is amended by striking paragraph (2)
and inserting the following:
``(2) Funding.--Funding for activities under this subsection
may be made available as described in section 1716(a) of the
American Energy and Infrastructure Jobs Act of 2012.''.
(2) Work zone safety grants.--Section 1409 of SAFETEA-LU (23
U.S.C. 401 note; 119 Stat. 1232) is amended by striking
subsection (c)(1) and inserting the following:
``(1) In general.--Funding for activities under this section
may be made available as described in section 1716(a) of the
American Energy and Infrastructure Jobs Act of 2012.''.
SEC. 1717. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.
To encourage the development of careers in the transportation field,
the Secretary of Education and the Secretary of Labor are encouraged to
use funds for training and employment education programs to develop
such programs for transportation-related careers and trades, and to
work with the Secretary of Transportation to carry out such programs.
SEC. 1718. ENGINEERING AND DESIGN SERVICES.
(a) In General.--For projects carried out under title 23, United
States Code, a State transportation department shall utilize, to the
maximum extent practicable, commercial enterprises for the delivery of
engineering and design services.
(b) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act, each State transportation department shall
submit to the Secretary a report documenting the extent to which the
State utilizes commercial enterprises for the delivery of engineering
and design services for projects carried out under title 23, United
States Code, which shall include, at a minimum--
(1) the number and types of engineering and design activities
for which commercial enterprises were utilized in the preceding
year; and
(2) the policies or procedures utilized by the State
transportation department to increase the amount of engineering
and design services for which commercial enterprises were
utilized.
(c) State Transportation Department Defined.--In this section, the
term ``State transportation department'' has the meaning given that
term under section 101 of title 23, United States Code.
SEC. 1719. NOTICE OF CERTAIN GRANT AWARDS.
(a) In General.--Except to the extent otherwise expressly provided in
another provision of law, at least 3 business days before a covered
grant award is announced, the Secretary shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives
written notice of the covered grant award.
(b) Covered Grant Award Defined.--The term ``covered grant award''
means a grant award--
(1) made--
(A) by the Department; and
(B) with funds made available under this Act; and
(2) in an amount equal to or greater than $500,000.
SEC. 1720. MISCELLANEOUS PARKING AMENDMENTS.
(a) Fringe and Corridor Parking Facilities.--Section 137(a) is
amended by adding at the end the following: ``The addition of electric
vehicle charging stations to new or previously funded parking
facilities shall be eligible for funding under this section.''.
(b) Public Transportation.--Section 142(a)(1) is amended by inserting
``(which may include electric vehicle charging stations)'' after
``parking facilities''.
(c) Forest Development Roads and Trails.--Section 205(d) is amended
by inserting ``(which may include electric vehicle charging stations)''
after ``parking areas''.
SEC. 1721. HIGHWAY BUY AMERICA PROVISIONS.
Section 313 is amended by adding at the end the following:
``(g) Application.--The requirements of this section apply to all
contracts for a project carried out within the scope of the applicable
finding, determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding
source of such contracts, if at least one contract for the project is
funded with amounts made available to carry out this title.
``(h) Waiver Requirements.--
``(1) In general.--If the Secretary receives a request for a
waiver under this section, the Secretary shall provide notice
of and an opportunity for public comment on the request at
least 30 days before making a finding based on the request.
``(2) Notice requirements.--A notice provided under paragraph
(1) shall include the information available to the Secretary
concerning the request and shall be provided by electronic
means, including on the official public Internet Web site of
the Department of Transportation.
``(3) Detailed justification.--If the Secretary issues a
waiver under this subsection, the Secretary shall publish in
the Federal Register a detailed justification for the waiver
that addresses the public comments received under paragraph (1)
and shall ensure that such justification is published before
the waiver takes effect.''.
SEC. 1722. VETERANS PREFERENCE IN HIGHWAY CONSTRUCTION.
Section 114 is amended by adding at the end the following:
``(d) Veterans Employment.--Recipients of Federal financial
assistance under this chapter shall ensure that contractors working on
a highway project funded using such assistance give preference in the
hiring or referral of laborers on any project for the construction of a
highway to veterans, as defined in section 2108 of title 5, who have
the requisite skills and abilities to perform the construction work
required under the contract. This subsection shall not apply to
projects subject to section 140(d).''.
SEC. 1723. REAL-TIME RIDESHARING.
Section 101(a)(2) is amended--
(1) by striking ``and'' after ``devices,''; and
(2) by inserting before the period at the end the following:
``, and real-time ridesharing projects (where drivers, using an
electronic transfer of funds, recover costs directly associated
with the trip provided using location technology to quantify
the direct costs associated with the trip, if the cost
recovered does not exceed the cost of the trip provided)''.
SEC. 1724. STATE AUTONOMY FOR CULVERT PIPE SELECTION.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall modify section 635.411 of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this Act), to
ensure that States have the autonomy to determine culvert and storm
sewer material types to be included in the construction of a project on
a Federal-aid highway.
SEC. 1725. EQUAL OPPORTUNITY ASSESSMENT.
(a) In General.--In accordance with this section, the Secretary shall
assess, throughout the United States, the extent to which
nondiscrimination and equal opportunity exist in the construction and
operation of federally funded transportation projects, programs, and
activities.
(b) Supporting Information.--In conducting the assessment under
subsection (a), the Secretary shall--
(1) review all demographic data, discrimination complaints,
reports, and other relevant information collected or prepared
by a recipient of Federal financial assistance or the
Department pursuant to an applicable civil rights statute,
regulation, or other obligation; and
(2) coordinate with the Secretary of Labor, as necessary, to
obtain information regarding equitable employment and
contracting opportunities.
(c) Report.--Not later than 4 years after the date of enactment of
this Act, and every 4 years thereafter, the Secretary shall submit to
Congress and publish on the Web site of the Department a report on the
results of the assessment under subsection (a). The report shall
include the following:
(1) A specification of the impediments to nondiscrimination
and equal opportunity in federally funded transportation
projects, programs, and activities.
(2) Recommendations for overcoming the impediments specified
under paragraph (1).
(3) Information upon which the assessment is based.
(d) Collection and Reporting Procedures.--
(1) Public availability.--The Secretary shall ensure, to the
extent appropriate, that all information reviewed or collected
for the assessment under subsection (a) is made available to
the public through the prompt and ongoing publication of the
information, including a summary of the information, on the Web
site of the Department.
(2) Regulations.--The Secretary shall issue regulations for
the collection and reporting of information necessary to carry
out this section.
(e) Coordination.--In carrying out this section, the Secretary shall
coordinate with the Director of the Bureau of Transportation
Statistics, the Director of the Departmental Office of Civil Rights,
the Secretary of Labor, and the heads of such other agencies as may
contribute to the assessment under subsection (a).
TITLE II--PUBLIC TRANSPORTATION
SEC. 2001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE.
(a) Short Title.--This title may be cited as the ``Public
Transportation Act of 2012''.
(b) Amendments to Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 2002. DEFINITIONS.
Section 5302(a) is amended--
(1) in paragraph (1)(I) by striking ``10 percent'' and
inserting ``15 percent'';
(2) by redesignating paragraphs (12) through (17) as
paragraphs (13) through (18), respectively; and
(3) by inserting after paragraph (11) the following:
``(12) Rural area.--The term `rural area' means an area
encompassing a population of less than 50,000 people that has
not been designated in the most recent decennial census as an
`urbanized area' by the Secretary of Commerce.''.
SEC. 2003. PLANNING PROGRAMS.
Section 5305 is amended--
(1) in the heading for subsection (d) by inserting
``Transportation'' before ``Planning'';
(2) in paragraph (d)(2), by striking ``designated under this
section'' and inserting ``responsible for carrying out the
provisions of section 5203 of this title'';
(3) in subsection (e)--
(A) in the subsection heading by striking ``State''
and inserting ``Statewide Transportation''; and
(B) in paragraph (1)(A) by striking ``5315,''; and
(4) in subsection (g) by striking ``section 5338(c)'' and
inserting ``section 5338(a)(2)''.
SEC. 2004. PRIVATE ENTERPRISE PARTICIPATION.
Section 5306(a) is amended by striking ``, as determined by local
policies, criteria, and decisionmaking,''.
SEC. 2005. URBANIZED AREA FORMULA GRANTS.
(a) Grants.--Section 5307(b)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) operating costs of equipment and facilities for
use in public transportation in an urbanized area with
a population of at least 200,000 if the State or
regional authority providing public transportation for
the urbanized area is operating--
``(i) 75 buses or fewer in fixed-route
service during peak service hours, not to
exceed 50 percent of the net project cost of
the project for operating expenses; and
``(ii) more than 75 but fewer than 100 buses
in fixed-route service during peak service
hours, not to exceed 25 percent of the net
project cost of the project for operating
expenses; and''.
(b) General Authority.--Section 5307(b)(3) is amended--
(1) by inserting ``Transportation management areas.--''
before ``In a''; and
(2) by moving the text 2 ems to the right.
(c) Grant Recipient Requirements.--Section 5307(d)(1) is amended--
(1) in subparagraph (D)--
(A) by striking ``elderly and handicapped
individuals, or an'' and inserting ``elderly
individuals, individuals with disabilities, and any'';
and
(B) by striking the comma before ``will be charged'';
(2) in subparagraph (H) by striking ``section 5301(a),
section 5301(d),'' and inserting ``section 5301'';
(3) in subparagraph (I) by adding ``and'' at the end;
(4) in subparagraph (J)(ii) by striking ``; and'' and
inserting a period; and
(5) by striking subparagraph (K).
SEC. 2006. CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 is amended to read as follows:
``Sec. 5309. Capital investment grants
``(a) Definitions.--In this section, the following definitions apply:
``(1) New fixed guideway capital project.--The term `new
fixed guideway capital project' means an operable segment of a
capital project for a new fixed guideway system or extension to
an existing fixed guideway system.
``(2) New start project.--The term `new start project' means
a new fixed guideway capital project for which the Federal
assistance provided or to be provided under this section is
$75,000,000 or more.
``(3) Small start project.--The term `small start project'
means a new fixed guideway capital project for which--
``(A) the Federal assistance provided or to be
provided under this section is less than $75,000,000;
and
``(B) the total estimated net capital cost is less
than $250,000,000.
``(b) General Authority.--The Secretary may make grants under this
section to assist State and local governmental authorities in
financing--
``(1) new fixed guideway capital projects under subsections
(d) and (e), including the acquisition of real property, the
initial acquisition of rolling stock for the systems, the
acquisition of rights-of-way, and relocation assistance, for
fixed guideway corridor development for projects in the
advanced stages of planning or in project development; and
``(2) the development of corridors to support new fixed
guideway capital projects under subsections (d) and (e),
including protecting rights-of-way through acquisition,
construction of dedicated bus and high occupancy vehicle lanes,
park and ride lots, and other nonvehicular capital improvements
that the Secretary may determine would result in increased
public transportation usage in the corridor.
``(c) Grant Requirements.--
``(1) In general.--The Secretary may not approve a grant
under this section unless the Secretary determines that--
``(A) the project is part of an approved long-range
transportation plan and program of projects required
under sections 5203, 5204, and 5306; and
``(B) the applicant has, or will have--
``(i) the legal, financial, and technical
capacity to carry out the project, including
safety and security aspects of the project;
``(ii) satisfactory continuing control over
the use of the equipment or facilities; and
``(iii) the capability and willingness to
maintain the equipment or facilities.
``(2) Certification.--An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C), and
(H) of section 5307(d)(1) shall be deemed to have provided
sufficient information upon which the Secretary may make the
determinations required under this subsection.
``(3) Grantee requirements.--The Secretary shall require that
any grant awarded under this section to a recipient be subject
to all terms, conditions, requirements, and provisions that the
Secretary determines to be necessary or appropriate for the
purposes of this section, including requirements for the
disposition of net increases in the value of real property
resulting from the project assisted under this section.
``(d) New Start Projects.--
``(1) Full funding grant agreement.--
``(A) In general.--A new start project shall be
carried out through a full funding grant agreement.
``(B) Criteria.--The Secretary shall enter into a
full funding grant agreement, based on the evaluations
and ratings required under this subsection, with each
grantee receiving assistance for a new start project
that--
``(i) is authorized for project development;
and
``(ii) has been rated as high, medium-high,
or medium, in accordance with paragraph (5).
``(2) Approval of grants.--The Secretary may approve a grant
under this section for a new start project only if the
Secretary, based upon evaluations and considerations set forth
in paragraph (3), determines that the project--
``(A) has been adopted as the locally preferred
alternative as part of the long-range transportation
plan required under section 5203;
``(B) is based on the results of an evaluation of the
benefits of the project as set forth in paragraph (3);
and
``(C) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources) to construct, maintain,
and operate the system or extension, and maintain and
operate the entire public transportation system without
requiring a reduction in existing public transportation
services or level of service to operate the project.
``(3) Evaluation of benefits and federal investment.--In
making a determination for a new start project under paragraph
(2)(B), the Secretary shall analyze, evaluate, and consider the
following evaluation criteria for the project (as compared to a
no-action alternative):
``(A) The cost effectiveness of the project.
``(B) The mobility and accessibility benefits of the
project, including direct intermodal connectivity with
other modes of transportation.
``(C) The degree of congestion relief anticipated as
a result of the project.
``(D) The reductions in energy consumption and air
pollution associated with the project.
``(E) The economic development effects associated
with the project.
``(F) The private contributions to the project,
including cost-effective project delivery, management
or transfer of project risks, expedited project
schedule, financial partnering, and other public-
private strategies.
``(4) Evaluation of local financial commitment.--In making a
determination for a new start project under paragraph (2)(C),
the Secretary shall--
``(A) require that the proposed project plan provide
for the availability of contingency amounts that the
Secretary determines to be reasonable to cover
unanticipated cost increases;
``(B) require that each proposed local source of
capital and operating financing is stable, reliable,
and available within the project timetable;
``(C) consider private contributions to the project,
including cost-effective project delivery, management
or transfer of project risks, expedited project
schedule, financial partnering, and other public-
private partnership strategies;
``(D) consider the extent to which the project has a
local financial commitment that exceeds the required
non-Federal share of the cost of the project; and
``(E) consider the elements of the overall proposed
public transportation system advanced with 100 percent
non-Federal funds.
``(5) Ratings.--In carrying out paragraphs (3) and (4) for a
new start project, the Secretary shall evaluate and rate the
project on a 5-point scale (high, medium-high, medium, medium-
low, or low) based on an evaluation of the benefits of the
project as compared to the Federal assistance to be provided
and the degree of local financial commitment, as required under
this subsection. In rating the projects, the Secretary shall
provide, in addition to the overall project rating, individual
ratings for each of the criteria established by this subsection
and shall give comparable, but not necessarily equal, numerical
weight to the benefits that the project will bring to the
community in calculating the overall project rating.
``(e) Small Start Projects.--
``(1) In general.--
``(A) Applicability of requirements.--Except as
provided by subparagraph (B), a small start project
shall be subject to the requirements of this
subsection.
``(B) Projects receiving less than $25,000,000 in
federal assistance.--If the assistance provided under
this section for a small start project is less than
$25,000,000--
``(i) the requirements of this subsection
shall not apply to the project if determined
appropriate by the Secretary; and
``(ii) the Secretary shall utilize special
warrants described in subsection (n) to advance
the project and provide Federal assistance as
appropriate.
``(2) Selection criteria.--The Secretary may provide Federal
assistance for a small start project under this subsection only
if the Secretary determines that the project--
``(A) has been adopted as the locally preferred
alternative as part of the long-range transportation
plan required under section 5203;
``(B) is based on the results of an analysis of the
benefits of the project as set forth in paragraph (3);
and
``(C) is supported by an acceptable degree of local
financial commitment.
``(3) Evaluation of benefits and federal investment.--In
making a determination for a small start project under
paragraph (2)(B), the Secretary shall analyze, evaluate, and
consider the following evaluation criteria for the project (as
compared to a no-action alternative):
``(A) The cost effectiveness of the project.
``(B) The mobility and accessibility benefits of the
project, including direct intermodal connectivity with
other modes of transportation.
``(C) The degree of congestion relief anticipated as
a result of the project.
``(D) The economic development effects associated
with the project.
``(4) Evaluation of local financial commitment.--For purposes
of paragraph (2)(C), the Secretary shall require that each
proposed local source of capital and operating financing is
stable, reliable, and available within the proposed project
timetable.
``(5) Ratings.--In carrying out paragraphs (3) and (4) for a
small start project, the Secretary shall evaluate and rate the
project on a 5-point scale (high, medium-high, medium, medium-
low, or low) based on an evaluation of the benefits of the
project as compared to the Federal assistance to be provided
and the degree of local financial commitment, as required under
this subsection. In rating the projects, the Secretary shall
provide, in addition to the overall project rating, individual
ratings for each of the criteria established by this subsection
and shall give comparable, but not necessarily equal, numerical
weight to the benefits that the project will bring to the
community in calculating the overall project rating.
``(6) Grants and expedited grant agreements.--
``(A) In general.--The Secretary, to the maximum
extent practicable, shall provide Federal assistance
under this subsection in a single grant. If the
Secretary cannot provide such a single grant, the
Secretary may execute an expedited grant agreement in
order to include a commitment on the part of the
Secretary to provide funding for the project in future
fiscal years.
``(B) Terms of expedited grant agreements.--In
executing an expedited grant agreement under this
subsection, the Secretary may include in the agreement
terms similar to those established under subsection
(g)(2)(A).
``(C) Notice of proposed grants and expedited grant
agreements.--At least 10 days before making a grant
award or entering into a grant agreement for a project
under this subsection, the Secretary shall notify, in
writing, the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs and the Committee
on Appropriations of the Senate of the proposed grant
or expedited grant agreement, as well as the
evaluations and ratings for the project.
``(7) Inclusion of corridor-based capital projects.--In this
subsection, the term `small start project' includes a corridor-
based capital project if--
``(A) a majority of the project operates in a
separate right-of-way dedicated for transit use during
peak hour operations; or
``(B) the project represents a substantial investment
in a defined corridor as demonstrated by investment in
fixed transit facilities and equipment such as
substantial transit stations, intelligent
transportation systems technology, traffic signal
priority, off-board fare collection, and other direct
investments in the corridor.
``(f) Previously Issued Letter of Intent or Grant Agreement.--
Subsections (d) and (e) do not apply to projects for which the
Secretary has issued a letter of intent, entered into an early systems
work agreement or a full funding grant agreement, or has been approved
to enter final design before the date of enactment of the Public
Transportation Act of 2012.
``(g) Letters of Intent, Full Funding Grant Agreements, and Early
Systems Work Agreements.--
``(1) Letters of intent.--
``(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an applicant
announcing an intention to obligate, for a new start
project, an amount from future available budget
authority specified in law that is not more than the
amount stipulated as the financial participation of the
Secretary in the project.
``(B) Treatment.--The issuance of a letter under
subparagraph (A) is deemed not to be an obligation
under section 1108(c), 1108(d), 1501, or 1502(a) of
title 31 or an administrative commitment.
``(2) Full funding grant agreements.--
``(A) Terms.--The Secretary may enter into a full
funding grant agreement with an applicant for a grant
under this section for a new start project. The
agreement shall--
``(i) establish the terms of participation by
the Government in the project;
``(ii) establish the maximum amount of
Government financial assistance for the
project;
``(iii) cover the period of time for
completing the project, including, if
necessary, a period extending beyond the period
of an authorization;
``(iv) make timely and efficient management
of the project easier according to the laws of
the United States; and
``(v) establish terms requiring the applicant
to repay all Government payments made under the
agreement (plus such reasonable interest and
penalty charges as are established by the
Secretary in the agreement) if the applicant
does not carry out the project for reasons
within the control of the applicant.
``(B) Special financial rules.--
``(i) In general.--A full funding grant
agreement under this paragraph obligates an
amount of available budget authority specified
in law and may include a commitment (contingent
on amounts to be specified in law in advance
for commitments under this paragraph) to
obligate an additional amount from future
available budget authority specified in law.
``(ii) Statement of contingent commitment.--
The full funding grant agreement shall state
that the contingent commitment is not an
obligation of the Government.
``(iii) Interest and other financing costs.--
Interest and other financing costs of
efficiently carrying out a part of the project
within a reasonable time are a cost of carrying
out the project under a full funding grant
agreement, except that eligible costs may not
be more than the cost of the most favorable
financing terms reasonably available for the
project at the time of borrowing. The applicant
shall certify, in a way satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
``(iv) Completion of operable segment.--The
amount stipulated in a full funding grant
agreement for a new start project shall be
sufficient to complete at least one operable
segment.
``(C) Before and after study.--
``(i) In general.--A full funding grant
agreement under this paragraph shall require
the applicant to conduct a study that--
``(I) describes and analyzes the
impacts of the new start project on
transit services and transit ridership;
``(II) evaluates the consistency of
predicted and actual project
characteristics and performance; and
``(III) identifies sources of
differences between predicted and
actual outcomes.
``(ii) Information collection and analysis
plan.--
``(I) Submission of plan.--An
applicant seeking a full funding grant
agreement under this paragraph shall
submit to the Secretary a complete plan
for the collection and analysis of
information to identify the impacts of
the new start project and the accuracy
of the forecasts prepared during the
development of the project. Preparation
of the plan shall be included in the
agreement as an eligible activity.
``(II) Contents of plan.--The plan
submitted under subclause (I) shall
provide for--
``(aa) the collection of data
on the current transit system
of the applicant regarding
transit service levels and
ridership patterns, including
origins and destinations,
access modes, trip purposes,
and rider characteristics;
``(bb) documentation of the
predicted scope, service
levels, capital costs,
operating costs, and ridership
of the project;
``(cc) collection of data on
the transit system of the
applicant 2 years after the
opening of the new start
project, including analogous
information on transit service
levels and ridership patterns
and information on the as-built
scope and capital costs of the
project; and
``(dd) an analysis of the
consistency of predicted
project characteristics with
the data collected under item
(cc).
``(D) Collection of data on current system.--To be
eligible to enter into a full funding grant agreement
under this paragraph for a new start project, an
applicant shall have collected data on the current
transit system of the applicant, according to the plan
required under subparagraph (C)(ii), before the
beginning of construction of the project. Collection of
the data shall be included in the full funding grant
agreement as an eligible activity.
``(3) Early systems work agreements.--
``(A) Conditions.--The Secretary may enter into an
early systems work agreement with an applicant for a
new start project if a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) has been issued on the project and the
Secretary finds there is reason to believe a full
funding grant agreement for the project will be made.
``(B) Contents.--
``(i) In general.--A work agreement under
this paragraph for a new start project
obligates an amount of available budget
authority specified in law and shall provide
for reimbursement of preliminary costs of
carrying out the project, including land
acquisition, timely procurement of system
elements for which specifications are decided,
and other activities the Secretary decides are
appropriate to make efficient, long-term
project management easier.
``(ii) Period covered.--A work agreement
under this paragraph shall cover the period of
time the Secretary considers appropriate. The
period may extend beyond the period of current
authorization.
``(iii) Interest and other financing costs.--
Interest and other financing costs of
efficiently carrying out the work agreement
within a reasonable time are a cost of carrying
out the agreement, except that eligible costs
may not be more than the cost of the most
favorable financing terms reasonably available
for the project at the time of borrowing. The
applicant shall certify, in a manner
satisfactory to the Secretary, that the
applicant has shown reasonable diligence in
seeking the most favorable financing terms.
``(iv) Failure to carry out project.--If,
after entering into a work agreement under this
paragraph for a new start project, an applicant
does not carry out the project for reasons
within the control of the applicant, the
applicant shall repay all Government payments
made under the work agreement plus reasonable
interest and penalty charges the Secretary
establishes in the agreement.
``(4) Limitation on amounts.--
``(A) New start grants contingent commitment
authority.--The total estimated amount of future
obligations of the Government and contingent
commitments to incur obligations covered by all
outstanding letters of intent, full funding grant
agreements, and early systems work agreements under
this subsection for new start projects may be not more
than the greater of the amount authorized under section
5338(b) for such projects or an amount equivalent to
the last 3 fiscal years of funding allocated under
subsections (m)(2)(B) for such projects, less an amount
the Secretary reasonably estimates is necessary for
grants under this section for the projects that are not
covered by a letter or agreement. The total amount
covered by new letters and contingent commitments
included in full funding grant agreements and early
systems work agreements for such projects may be not
more than a limitation specified in law.
``(B) Appropriation required.--An obligation may be
made under this subsection only when amounts are
appropriated for the obligation.
``(5) Notification of congress.--At least 10 days before
issuing a letter of intent or an early systems work agreement
under this section, and at least 21 days before entering into a
full funding grant agreement under this section, the Secretary
shall notify, in writing, the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Appropriations of the Senate
of the proposed letter or agreement. The Secretary shall
include with the notification a copy of the proposed letter or
agreement as well as the evaluations and ratings for the
project.
``(h) Government's Share of Net Project Cost.--
``(1) In general.--Based on engineering studies, studies of
economic feasibility, and information on the expected use of
equipment or facilities, the Secretary shall estimate the net
capital project cost of a new fixed guideway capital project. A
grant under this section for the project shall be for 80
percent of the net capital project cost unless the grant
recipient requests a lower grant percentage.
``(2) Adjustment for completion under budget.--The Secretary
may adjust the final net project cost of a new fixed guideway
capital project evaluated under subsections (d) and (e) to
include the cost of eligible activities not included in the
originally defined project if the Secretary determines that the
originally defined project has been completed at a cost that is
significantly below the original estimate.
``(3) Remainder of net project cost.--The remainder of net
project costs shall be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or reserve, or
new capital from public or private sources.
``(4) Limitation on statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary to
request or require a non-Federal financial commitment for a
project that is more than 20 percent of the net capital project
cost.
``(5) Special rule for rolling stock costs.--In addition to
amounts allowed pursuant to paragraph (1), a planned extension
to a fixed guideway system may include the cost of rolling
stock previously purchased if the applicant satisfies the
Secretary that only amounts other than amounts of the
Government were used and that the purchase was made for use on
the extension. A refund or reduction of the remainder may be
made only if a refund of a proportional amount of the grant of
the Government is made at the same time.
``(i) Undertaking Projects in Advance.--
``(1) In general.--The Secretary may pay the Government's
share of the net capital project cost to a State or local
governmental authority that carries out any part of a project
described in this section without the aid of amounts of the
Government and according to all applicable procedures and
requirements if--
``(A) the State or local governmental authority
applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out the part of the project,
the Secretary approves the plans and specifications for
the part in the same manner as other projects under
this section.
``(2) Financing costs.--
``(A) In general.--The cost of carrying out part of a
project includes the amount of interest earned and
payable on bonds issued by the State or local
governmental authority to the extent proceeds of the
bonds are expended in carrying out the part.
``(B) Limitation on amount of interest.--The amount
of interest under this paragraph may not be more than
the most favorable interest terms reasonably available
for the project at the time of borrowing.
``(C) Certification.--The applicant shall certify, in
a manner satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the
most favorable financial terms.
``(j) Availability of Amounts.--An amount made available or
appropriated under section 5338(b) for new fixed guideway capital
projects shall remain available for a period of 3 fiscal years after
the fiscal year in which the amount is made available or appropriated.
Any of such amount that is unobligated at the end of such period shall
be rescinded and deposited in the general fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of deficit
reduction and prohibited from use as an offset for other spending
increases or revenue reductions.
``(k) Reports on New Start Projects.--
``(1) Annual report on funding recommendations.--Not later
than the first Monday in February of each year, the Secretary
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Appropriations of the Senate
a report that includes--
``(A) a proposal of allocations of amounts to be
available to finance grants for new fixed guideway
capital projects among applicants for these amounts;
``(B) evaluations and ratings, as required under
subsections (d) and (e), for each such project that is
authorized by the Public Transportation Act of 2012;
and
``(C) recommendations of such projects for funding
based on the evaluations and ratings and on existing
commitments and anticipated funding levels for the next
3 fiscal years based on information currently available
to the Secretary.
``(2) Biennial gao review.--Beginning 2 years after the date
of enactment of the Public Transportation Act of 2012, the
Comptroller General of the United States shall--
``(A) conduct a biennial review of--
``(i) the processes and procedures for
evaluating, rating, and recommending new fixed
guideway capital projects; and
``(ii) the Secretary's implementation of such
processes and procedures; and
``(B) on a biennial basis, report to Congress on the
results of such review by May 31.
``(l) Before and After Study Report.--Not later than the first Monday
of August of each year, the Secretary shall submit to the committees
referred to in subsection (k)(1) a report containing a summary of the
results of the studies conducted under subsection (g)(2)(C).
``(m) Limitations.--
``(1) Limitation on grants.--The Secretary may make a grant
or enter into a grant agreement for a new fixed guideway
capital project under this section only if the project has been
rated as high, medium-high, or medium or the Secretary has
issued a special warrant described in subsection (n) in lieu of
such ratings.
``(2) Fiscal years 2013 through 2016.--Of the amounts made
available or appropriated for fiscal years 2013 through 2016
under section 5338(b)--
``(A) $150,000,000 for each fiscal year shall be
allocated for small start projects in accordance with
subsection (e); and
``(B) the remainder shall be allocated for new start
projects in accordance with subsection (d).
``(3) Limitation on expenditures.--None of the amounts made
available or appropriated under section 5338(b) may be expended
on a project that has not been adopted as the locally preferred
alternative as part of a long-range transportation plan.
``(n) Expedited Project Advancement.--
``(1) Warrants.--The Secretary, to the maximum extent
practicable, shall develop and utilize special warrants to
advance projects and provide Federal assistance under this
section. Special warrants may be utilized to advance new fixed
guideway projects under this section without requiring
evaluations and ratings described under subsections (d)(5) and
(e)(5). Such warrants shall be--
``(A) based on current transit ridership, corridor
characteristics, and service on existing alignments;
``(B) designed to assess distinct categories of
projects, such as proposed new service enhancements on
existing alignments, new line haul service, and new
urban circulator service; and
``(C) based on the benefits for proposed projects as
set forth in subsections (d)(3) and (e)(3) for the
Federal assistance provided or to be provided under
this subsection.
``(2) New project development.--
``(A) In general.--A project sponsor who requests
Federal funding under this section shall apply to the
Secretary to begin new project development after a
proposed new fixed guideway capital project has been
adopted as the locally preferred alternative as part of
the metropolitan long-range transportation plan
required under section 5303, and funding options for
the non-Federal funding share have been identified. The
application for new project development shall specify
whether the project sponsor is seeking Federal
assistance under subsection (d) or (e).
``(B) Applications.--
``(i) Notice to congress.--Not later than 10
days after the date of receipt of an
application for new project development under
subparagraph (A), the Secretary shall provide
written notice of the application to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Banking, Housing, and Urban
Affairs of the Senate.
``(ii) Approval or disapproval.--On the 11th
day following the date on which the Secretary
provides written notice of an application for
new project development under clause (i), the
Secretary shall approve or disapprove the
application.
``(C) Project authorization.--Upon approval of an
application to begin new project development, the
proposed new fixed guideway capital project shall be
authorized and eligible for Federal funding under this
section.
``(3) Letters of intent and early systems work agreements.--
The Secretary, to the maximum extent practicable, shall issue
letters of intent and make early systems work agreements upon
issuance of a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(4) Funding agreements.--The Secretary shall enter into a
full funding grant agreement, expedited grant agreement, or
grant, as appropriate, between the Government and the project
sponsor as soon as the Secretary determines that the project
meets the requirements of subsection (d) or (e).
``(5) Records retention.--The Secretary shall adhere to a
uniform records retention policy regarding all documentation
related to new fixed guideway capital projects.
``(o) Regulations.--Not later than 240 days after the date of
enactment of the Public Transportation Act of 2012, the Secretary shall
issue regulations establishing new program requirements for the
programs created under this section, including new evaluation and
rating processes for proposed projects under this section.''.
(b) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5309 and inserting the following:
``5309. Capital investment grants.''.
SEC. 2007. BUS AND BUS FACILITIES FORMULA GRANTS.
(a) In General.--Section 5310 is amended to read as follows:
``Sec. 5310. Bus and bus facilities formula grants
``(a) General Authority.--The Secretary may make grants under this
section to assist States and local governmental authorities in
financing capital projects--
``(1) to replace, rehabilitate, and purchase buses and
related equipment; and
``(2) to construct bus-related facilities.
``(b) Grant Requirements.--The requirements of subsections (c) and
(d) of section 5307 apply to recipients of grants made under this
section.
``(c) Eligible Recipients and Subrecipients.--
``(1) Recipients.--Eligible recipients under this section are
providers of public transportation in urbanized areas that
operate fixed route bus services and that do not operate heavy
rail, commuter rail, or light rail services.
``(2) Subrecipients.--A recipient that receives a grant under
this section may allocate the amounts provided to subrecipients
that are public agencies, private companies engaged in public
transportation, or private nonprofit organizations.
``(d) Distribution of Grant Funds.--Grants under this section shall
be distributed pursuant to the formula set forth in section 5336 other
than subsection (b).
``(e) Government's Share of Costs.--
``(1) Capital projects.--A grant for a capital project, as
defined in section 5302(a)(1), shall be for 80 percent of the
net project cost of the project. The recipient may provide
additional local matching amounts.
``(2) Remaining costs.--The remainder of the net project cost
shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues derived from the sale of
advertising and concessions;
``(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or
new capital; and
``(D) from amounts received under a service agreement
with a State or local social service agency or private
social service organization.
``(f) Period of Availability to Recipients.--A grant made available
under this section may be obligated by the recipient for 3 years after
the fiscal year in which the amount is apportioned. Not later than 30
days after the end of the 3-year period, an amount that is not
obligated at the end of that period shall be added to the amount that
may be apportioned under this section in the next fiscal year.
``(g) Transfers of Apportionments.--
``(1) Transfer to certain areas.--The chief executive officer
of a State may transfer any part of the State's funds made
available under this section to urbanized areas of less than
200,000 in population or to rural areas in the State, after
consulting with responsible local officials and publicly owned
operators of public transportation in each area for which the
amount originally was provided under this section.
``(2) Transfer to state.--A designated recipient for an
urbanized area with a population of at least 200,000 may
transfer a part of its grant funds provided under this section
to the chief executive officer of a State. The chief executive
officer shall distribute the transferred amounts to urbanized
areas of less than 200,000 in population or to rural areas in
the State.
``(h) Application of Other Sections.--Sections 5302, 5318,
5323(a)(1), 5323(d), 5323(f), 5332, and 5333 apply to this section and
to a grant made with funds apportioned under this section. Except as
provided in this section, no other provision of this chapter applies to
this section or to a grant under this section.''.
(b) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5310 and inserting the following:
``5310. Bus and bus facilities formula grants.''.
SEC. 2008. RURAL AREA FORMULA GRANTS.
(a) Amendment to Section Heading.--Section 5311 is amended by
striking the section designation and heading and inserting the
following:
``Sec. 5311. Rural area formula grants''.
(b) Program Goals.--Section 5311(b) is amended by adding at the end
the following:
``(5) Program goals.--The goals of this section are--
``(A) to enhance the mobility and access of people in
rural areas by assisting in the development,
construction, operation, improvement, maintenance, and
use of public transportation systems and services in
rural areas;
``(B) to increase the intermodalism of and
connectivity among public transportation systems and
services within rural areas and to urban areas by
providing for maximum coordination of programs and
services;
``(C) to increase the state of good repair of rural
public transportation assets; and
``(D) to enhance the mobility and access of people in
rural areas by assisting in the development and support
of intercity bus transportation.''.
(c) Projects of National Scope.--Section 5311(b)(3)(C) is amended by
adding at the end the following: ``In carrying out such projects, the
Secretary shall enter into a competitively selected contract to provide
on-site technical assistance to local and regional governments, public
transit agencies, and public transportation-related nonprofit and for-
profit organizations in rural areas for the purpose of developing
training materials and providing necessary training assistance to local
officials and agencies in rural areas.''.
(d) Apportionments.--Section 5311(c)(2) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking subparagraph (B) and inserting the following:
``(B) 70 percent shall be apportioned to the States
in accordance with paragraph (4); and''; and
(3) by adding at the end the following:
``(C) 10 percent shall be apportioned to the States
in accordance with paragraph (5).''.
(e) Apportionments Based on Public Transportation Services Provided
in Rural Areas.--Section 5311(c) is amended by adding at the end the
following:
``(5) Apportionments based on public transportation services
provided in rural areas.--The Secretary shall apportion to each
State an amount equal to the amount apportioned under paragraph
(2)(C) as follows:
``(A) \1/2\ of such amount multiplied by the ratio
that--
``(i) the number of public transportation
revenue vehicle-miles operated in or
attributable to rural areas in that State, as
determined by the Secretary; bears to
``(ii) the total number of all public
transportation revenue vehicle-miles operated
in or attributable to rural areas in all
States; and
``(B) \1/2\ of such amount multiplied by the ratio
that--
``(i) the number of public transportation
unlinked passenger trips operated in or
attributable to rural areas in that State, as
determined by the Secretary; bears to
``(ii) the total number of all public
transportation unlinked passenger trips
operated in or attributable to rural areas in
all States.''.
(f) Use for Administrative, Planning, and Technical Assistance.--
Section 5311(e) is amended by striking ``15 percent'' and inserting
``10 percent''.
(g) Intercity Bus Transportation.--Section 5311(f)(1) is amended--
(1) in subparagraph (B) by striking ``shelters'' and
inserting ``facilities''; and
(2) in subparagraph (C) by striking ``stops and depots'' and
inserting ``facilities''.
(h) Non-Federal Share.--Section 5311(g)(3) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) may be derived from the costs of a private
operator's intercity bus service as an in-kind match
for the operating costs of connecting rural intercity
bus feeder service funded under subsection (f), except
that this subparagraph shall apply only if the project
includes both feeder service and a connecting
unsubsidized intercity route segment and if the private
operator agrees in writing to the use of its
unsubsidized costs as an in-kind match.''.
(i) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5311 and inserting the following:
``5311. Rural area formula grants.''.
SEC. 2009. TRANSIT RESEARCH.
(a) Amendment to Section Heading.--Section 5312 is amended by
striking the section designation and heading and inserting the
following:
``Sec. 5312. Transit research''.
(b) Research Projects.--Section 5312(a) is amended by adding at the
end the following:
``(4) Funding.--The amounts made available under section
5338(c) are available to the Secretary for grants, contracts,
cooperative agreements, or other agreements for the purposes of
this section and sections 5305 and 5322, as the Secretary
considers appropriate.''.
(c) Joint Partnership Program.--Section 5312(b)(5) is amended by
striking ``Mass Transit Account'' and inserting ``Alternative
Transportation Account''.
(d) Transit Cooperative Research Program.--Section 5312(c) is amended
to read as follows:
``(c) Transit Cooperative Research Program.--
``(1) In general.--The Secretary shall carry out a public
transportation cooperative research program using amounts made
available under section 5338(c).
``(2) Independent governing board.--The Secretary shall
establish an independent governing board for the program. The
board shall recommend public transportation research,
development, and technology transfer activities to be carried
out under the program.
``(3) Grants and cooperative agreements.--The Secretary may
make grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out activities under this
subsection that the Secretary determines appropriate.''.
(e) Government Share.--Section 5312 is amended by adding at the end
the following:
``(d) Government Share.--If there would be a clear and direct
financial benefit to an entity under a grant or contract financed under
this section, the Secretary shall establish a Government share
consistent with that benefit.''.
(f) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5312 and inserting the following:
``5312. Transit research.''.
SEC. 2010. COORDINATED ACCESS AND MOBILITY PROGRAM FORMULA GRANTS.
(a) In General.--Section 5317 is amended to read as follows:
``Sec. 5317. Coordinated access and mobility program formula grants
``(a) Definitions.--In this section, the following definitions apply:
``(1) Elderly individual.--The term `elderly individual'
means an individual who is age 65 or older.
``(2) Eligible low-income individual.--The term `eligible
low-income individual' means an individual whose family income
is at or below 150 percent of the poverty line (as that term is
defined in section 673 of the Community Services Block Grant
Act (42 U.S.C. 9902), including any revision required by that
section) for a family of the size involved.
``(3) Job access and reverse commute project.--The term `job
access and reverse commute project' means a transportation
project to finance planning, capital, and operating costs that
support the development and maintenance of transportation
services designed to transport welfare recipients and eligible
low-income individuals to and from jobs and activities related
to their employment, including transportation projects that
facilitate the provision of public transportation services from
urbanized areas and rural areas to suburban employment
locations.
``(4) Recipient.--The term `recipient' means a designated
recipient (as defined in section 5307(a)) and a State that
directly receives a grant under this section.
``(5) Subrecipient.--The term `subrecipient' means a State or
local governmental authority, nonprofit organization, or
private operator of public transportation services that
receives a grant under this section indirectly through a
recipient.
``(6) Welfare recipient.--The term `welfare recipient' means
an individual who has received assistance under a State or
tribal program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) at any time during the 3-
year period before the date on which the applicant applies for
a grant under this section.
``(b) Goals.--The goals of the program established under this section
are to--
``(1) improve the accessibility of the Nation's public
transportation systems and services;
``(2) improve the mobility of or otherwise meet the special
needs of elderly individuals, eligible low-income individuals,
and individuals with disabilities; and
``(3) improve the coordination among all providers of public
transportation and human services transportation.
``(c) General Authority.--
``(1) Grants.--The Secretary may make grants under this
section to recipients for the following purposes:
``(A) For public transportation projects planned,
designed, and carried out to meet the special needs of
elderly individuals and individuals with disabilities.
``(B) For job access and reverse commute projects
carried out by the recipient or a subrecipient.
``(C) For new public transportation services, and for
public transportation alternatives beyond those
required by the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), that assist individuals with
disabilities with transportation, including
transportation to and from jobs and employment support
services.
``(2) Acquiring public transportation services.--A public
transportation capital project under this section may include
acquisition of public transportation services as an eligible
capital expense.
``(3) Administrative expenses.--A recipient may use not more
than 10 percent of the amounts apportioned to the recipient
under this section to administer, plan, and provide technical
assistance for a project funded under this section.
``(d) Apportionments.--
``(1) Formula.--The Secretary, using the most recent
decennial census data, shall apportion amounts made available
for a fiscal year to carry out this section as follows:
``(A) 50 percent of the funds shall be apportioned
among designated recipients (as defined in section
5307(a)) for urbanized areas with a population of
200,000 or more in the ratio that--
``(i) the number of elderly individuals,
individuals with disabilities, eligible low-
income individuals, and welfare recipients in
each such urbanized area; bears to
``(ii) the number of elderly individuals,
individuals with disabilities, eligible low-
income individuals, and welfare recipients in
all such urbanized areas.
``(B) 25 percent of the funds shall be apportioned
among the States in the ratio that--
``(i) the number of elderly individuals,
individuals with disabilities, eligible low-
income individuals, and welfare recipients in
urbanized areas with a population of less than
200,000 in each State; bears to
``(ii) the number of elderly individuals,
individuals with disabilities, eligible low-
income individuals, and welfare recipients in
urbanized areas with a population of less than
200,000 in all States.
``(C) 25 percent of the funds shall be apportioned
among the States in the ratio that--
``(i) the number of elderly individuals,
individuals with disabilities, eligible low-
income individuals, and welfare recipients in
rural areas with a population of less than
50,000 in each State; bears to
``(ii) the number of elderly individuals,
individuals with disabilities, eligible low-
income individuals, and welfare recipients in
rural areas with a population of less than
50,000 in all States.
``(2) Use of apportioned funds.--Except as provided in
paragraph (3)--
``(A) funds apportioned under paragraph (1)(A) shall
be used for projects serving urbanized areas with a
population of 200,000 or more;
``(B) funds apportioned under paragraph (1)(B) shall
be used for projects serving urbanized areas with a
population of less than 200,000; and
``(C) funds apportioned under paragraph (1)(C) shall
be used for projects serving rural areas.
``(3) Exceptions.--A State may use funds apportioned under
paragraph (1)(B) or (1)(C)--
``(A) for projects serving areas other than the area
specified in paragraph (2)(B) or (2)(C), as the case
may be, if the Governor of the State certifies that all
of the objectives of this section are being met in the
specified area; or
``(B) for projects anywhere in the State if the State
has established a statewide program for meeting the
objectives of this section.
``(4) Minimum apportionment.--
``(A) In general.--The Secretary may establish a
minimum apportionment for States and territories under
paragraph (1).
``(B) Limitation.--A minimum apportionment received
by a State or territory under this paragraph for a
fiscal year may not exceed the total of the fiscal year
2012 apportionments received by the State or territory
under sections 5310, 5316, and 5317 (as in effect on
the day before the date of enactment of the Public
Transportation Act of 2012).
``(e) Competitive Process for Grants to Subrecipients.--
``(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (d)(1)(A) shall conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications for
grants to the recipient and subrecipients under this section.
``(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (d)(1)(B) or (d)(1)(C) shall
conduct a statewide solicitation for applications for grants to
the recipient and subrecipients under this section.
``(3) Special rule.--A recipient of a grant under this
section may allocate the amounts provided under the grant to--
``(A) a nonprofit organization or private operator of
public transportation, if the public transportation
service provided under subsection (c)(1) is
unavailable, insufficient, or inappropriate; or
``(B) in the case of a grant to provide the services
described in subsection (c)(1)(A), a governmental
authority that--
``(i) is approved by the recipient to
coordinate services for elderly individuals and
individuals with disabilities; or
``(ii) certifies that there are not any
nonprofit organizations or private operators of
public transportation services readily
available in the area to provide the services
described in subsection (c)(1)(A).
``(4) Application.--Recipients and subrecipients seeking to
receive a grant from funds apportioned under subsection (d)
shall submit to the recipient an application in such form and
in accordance with such requirements as the recipient shall
establish.
``(5) Grant awards.--The recipient shall award grants under
paragraphs (1) and (2) on a competitive basis.
``(6) Fair and equitable distribution.--A recipient of a
grant under this section shall certify to the Secretary that
allocations of the grant to subrecipients will be distributed
on a fair, equitable, and competitive basis.
``(f) Grant Requirements.--With respect to a grant made to provide
services described in subsection (c), the Secretary shall apply grant
requirements that are consistent with requirements for activities
authorized under sections 5310, 5316, and 5317 (as such sections were
in effect on the day before the date of enactment of the Public
Transportation Act of 2012).
``(g) Coordination.--
``(1) In general.--The Secretary shall coordinate activities
under this section with related activities under programs of
other Federal departments and agencies.
``(2) Project selection and planning.--A recipient of funds
under this section shall certify to the Secretary that--
``(A) the projects selected to receive funding under
this section were derived from a locally developed,
coordinated public transportation-human services
transportation plan;
``(B) the plan was developed through a process that
included participation by representatives of public,
private, and nonprofit transportation and human
services providers and participation by the public and
appropriate advocacy organizations; and
``(C) the planning process provided for consideration
of projects and strategies to create or improve
regional transportation services that connect multiple
jurisdictions.
``(h) Government's Share of Costs.--
``(1) Capital projects.--
``(A) In general.--Except as provided in subparagraph
(B), a grant for a capital project under this section
shall be for 80 percent of the net capital costs of the
project, as determined by the Secretary. The recipient
may provide additional local matching amounts.
``(B) Exception.--A State described in section 120(b)
of title 23 shall receive an increased Government share
in accordance with the formula under such section.
``(2) Operating assistance.--
``(A) In general.--Except as provided in subparagraph
(B), a grant made under this section for operating
assistance may not exceed 50 percent of the net
operating costs of the project, as determined by the
Secretary.
``(B) Exception.--A State described in section 120(b)
of title 23 shall receive a Government share of the net
operating costs that equals 62.5 percent of the
Government share provided for under paragraph (1)(B).
``(3) Remainder.--The remainder of the net project costs--
``(A) may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, a service agreement with a State or local
social service agency or a private social service
organization, or new capital;
``(B) may be derived from amounts appropriated to or
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be expended for
transportation; and
``(C) notwithstanding subparagraph (B), may be
derived from amounts made available to carry out the
Federal lands transportation program established by
section 203 of title 23.
``(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to
Federal or State funds to be used for transportation purposes.
``(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under this
section may not limit the level or extent of use of the
Government grant for the payment of operating expenses.
``(i) Leasing Vehicles.--Vehicles and equipment acquired under this
section may be leased to a recipient or subrecipient to improve
transportation services designed to meet the special needs of elderly
individuals, eligible low-income individuals, and individuals with
disabilities.
``(j) Meal Delivery for Homebound Individuals.--Public transportation
service providers receiving assistance under this section or section
5311(c) may coordinate and assist in regularly providing meal delivery
service for homebound individuals if the delivery service does not
conflict with providing public transportation service or reduce service
to public transportation passengers.
``(k) Transfers of Facilities and Equipment.--With the consent of the
recipient in possession of a facility or equipment acquired with a
grant under this section, a State may transfer the facility or
equipment to any recipient eligible to receive assistance under this
chapter if the facility or equipment will continue to be used as
required under this section.
``(l) Program Evaluation.--Not later than 2 years after the date of
enactment of the Public Transportation Act of 2012, and not later than
2 years thereafter, the Comptroller General of the United States
shall--
``(1) conduct a study to evaluate the grant program
authorized by this section, including a description of how
grant recipients have coordinated activities carried out under
this section with transportation activities carried out by
recipients using grants awarded under title III of the Older
Americans Act of 1965 (42 U.S.C. 3021 et seq.); and
``(2) transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a report describing the results of the study under subparagraph
(A).''.
(b) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5317 and inserting the following:
``5317. Coordinated access and mobility program formula grants.''.
SEC. 2011. TRAINING AND TECHNICAL ASSISTANCE PROGRAMS.
(a) Amendment to Section Heading.--Section 5322 is amended by
striking the section designation and heading and inserting the
following:
``Sec. 5322. Training and technical assistance programs''.
(b) Training and Outreach.--Section 5322(a) is amended--
(1) by striking ``programs that address'' and all that
follows before the period at the end of the first sentence and
inserting ``programs that address training and outreach needs
as they apply to public transportation activities, and programs
that provide public transportation-related technical assistance
to providers of public transportation services'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) technical assistance provided through national
nonprofit organizations with demonstrated capacity and
expertise in a particular area of public transportation
policy.''.
(c) National Transit Institute, Technical Assistance, and Funding.--
Section 5322 is amended by adding at the end the following:
``(c) National Transit Institute.--
``(1) Grants and contracts.--The Secretary may award grants
or enter into contracts with a public university to establish a
National Transit Institute to support training and educational
programs for Federal, State, and local transportation employees
engaged or to be engaged in Government-aid public
transportation work.
``(2) Education and training.--The National Transit Institute
shall provide education and training to employees of State and
local governments at no cost when the education and training is
related to a responsibility under a Government program.
``(d) Technical Assistance.--The Secretary may provide public
transportation-related technical assistance under this section as
follows:
``(1) To help public transportation providers comply with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) through a competitively selected contract or cooperative
agreement with a national nonprofit organization serving
individuals with disabilities that has a demonstrated capacity
to carry out technical assistance, demonstration programs,
research, public education, and other activities related to
complying with such Act.
``(2) To help public transportation providers comply with
human services transportation coordination requirements and to
enhance the coordination of Federal resources for human
services transportation with those of the Department of
Transportation through a competitively selected contract or
cooperative agreement with a national nonprofit organization
that has a demonstrated capacity to carry out technical
assistance, training, and support services related to complying
with such requirements.
``(3) To help public transportation providers meet the
transportation needs of elderly individuals through a
competitively selected contract or cooperative agreement with a
national nonprofit organization serving elderly individuals
that has a demonstrated capacity to carry out such activities.
``(4) To provide additional technical assistance, mobility
management services, volunteer support services, training, and
research that the Secretary determines will assist public
transportation providers meet the goals of this section.
``(e) Funding.--Training and outreach programs and technical
assistance activities performed under this section shall be paid for
with administrative funds made available under section 5338(c).''.
(d) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5322 and inserting the following:
``5322. Training and technical assistance programs.''.
SEC. 2012. GENERAL PROVISIONS.
(a) Government's Share of Costs for Certain Projects.--Section
5323(i) is amended by adding at the end the following:
``(3) Costs incurred by providers of public transportation by
vanpool.--
``(A) Local matching share.--The local matching share
provided by a recipient of assistance for a capital
project under this chapter may include any amounts
expended by a provider of public transportation by
vanpool for the acquisition of rolling stock to be used
by such provider in the recipient's service area,
excluding any amounts the provider may have received in
Federal, State, or local government assistance for such
acquisition.
``(B) Use of revenues.--A private provider of public
transportation by vanpool may use revenues it receives
in the provision of public transportation service in
the service area of a recipient of assistance under
this chapter that are in excess of the provider's
operating costs for the purpose of acquiring rolling
stock, if the private provider enters into a legally
binding agreement with the recipient that requires the
provider to use the rolling stock in the recipient's
service area.
``(C) Definitions.--In this paragraph, the following
definitions apply:
``(i) Private provider of public
transportation by vanpool.--The term `private
provider of public transportation by vanpool'
means a private entity providing vanpool
services in the service area of a recipient of
assistance under this chapter using a commuter
highway vehicle or vanpool vehicle.
``(ii) Commuter highway vehicle; vanpool
vehicle.--The term `commuter highway vehicle'
or `vanpool vehicle' means any vehicle--
``(I) the seating capacity of which
is at least 6 adults (not including the
driver); and
``(II) at least 80 percent of the
mileage use of which can be reasonably
expected to be for the purposes of
transporting commuters in connection
with travel between their residences
and their place of employment.
``(4) Incentives for competitively contracted service.--
``(A) Eligibility.--Subject to subparagraph (C), a
recipient of assistance under this chapter that meets
the targets under subparagraph (B) for competitively
contracted service shall be eligible, at the request of
the recipient, for a Federal share of 90 percent for
the capital cost of buses and bus-related facilities
and equipment purchased with financial assistance made
available under this chapter.
``(B) Target.--To qualify for the competitively
contracted service incentive program under this
paragraph, a public transit agency or governmental unit
shall competitively contract for at least 20 percent of
its fixed route bus service. The percentage of
competitively contracted service shall be calculated by
determining the ratio of competitively contracted
service vehicles operated in annual maximum service to
total vehicles operated in annual maximum service.
``(C) Maintenance of effort.--A public transit agency
or governmental unit shall be eligible for an increased
Federal share under this paragraph only if the amount
of State and local funding provided to the affected
public transit agency or governmental unit for the
capital cost of buses and bus-related facilities and
equipment will not be less than the average amount of
funding for such purposes provided during the 3 fiscal
years preceding the date of enactment of this
paragraph.
``(D) Definitions.--In this paragraph, the following
definitions apply:
``(i) Competitively contracted service.--The
term `competitively contracted service' means
fixed route bus transportation service
purchased by a public transit agency or
governmental unit from a private transportation
provider based on a written contract.
``(ii) Vehicles operated in annual maximum
service.--The term `vehicles operated in annual
maximum service' means the number of transit
vehicles operated to meet the annual maximum
service requirement during the peak season of
the year, on the week and day that maximum
service is provided.''.
(b) Reasonable Access to Public Transportation Facilities.--Section
5323 is amended by adding at the end the following:
``(q) Reasonable Access to Public Transportation Facilities.--A
recipient of assistance under this chapter may not deny reasonable
access for a private intercity or charter transportation operator to
federally funded public transportation facilities, including intermodal
facilities, park and ride lots, and bus-only highway lanes.''.
(c) Special Condition on Charter Bus Transportation Service.--If, in
any fiscal year, the Secretary is prohibited by law from enforcing
regulations related to charter bus service under part 604 of title 49,
Code of Federal Regulations, for any transit agency that during fiscal
year 2008 was both initially granted a 60-day period to come into
compliance with part 604, and then was subsequently granted an
exception from such part--
(1) the transit agency shall be precluded from receiving its
allocation of urbanized area formula grant funds for that
fiscal year; and
(2) any amounts withheld pursuant to paragraph (1) shall be
added to the amount that the Secretary may apportion under
section 5336 of title 49, United States Code, in the following
fiscal year.
SEC. 2013. CONTRACT REQUIREMENTS.
Section 5325(h) is amended by striking ``Federal Public
Transportation Act of 2005'' and inserting ``Public Transportation Act
of 2012''.
SEC. 2014. VETERANS PREFERENCE IN TRANSIT CONSTRUCTION.
Section 5325 is amended by adding at the end the following:
``(k) Veterans Employment.--Recipients and subrecipients of Federal
financial assistance under this chapter shall ensure that contractors
working on a capital project funded using such assistance give a
preference in the hiring or referral of laborers to veterans, as
defined in section 2108 of title 5, who have the requisite skills and
abilities to perform the construction work required under the
contract.''.
SEC. 2015. PRIVATE SECTOR PARTICIPATION.
(a) In General.--Chapter 53 is amended by inserting after section
5325 the following:
``Sec. 5326. Private sector participation
``(a) General Purposes.--In the interest of fulfilling the general
purposes of this chapter under section 5301(f), the Secretary shall--
``(1) better coordinate public and private sector-provided
public transportation services; and
``(2) promote more effective utilization of private sector
expertise, financing, and operational capacity to deliver
costly and complex new fixed guideway capital projects.
``(b) Actions to Promote Better Coordination Between Public and
Private Sector Providers of Public Transportation.--The Secretary
shall--
``(1) provide technical assistance to recipients of Federal
transit grant assistance on practices and methods to best
utilize private providers of public transportation; and
``(2) educate recipients of Federal transit grant assistance
on laws and regulations under this chapter that impact private
providers of public transportation.
``(c) Actions to Provide Technical Assistance for Alternative Project
Delivery Methods.--Upon request by a sponsor of a new fixed guideway
capital project, the Secretary shall--
``(1) identify best practices for public-private partnerships
models in the United States and in other countries;
``(2) develop standard public-private partnership transaction
model contracts; and
``(3) perform financial assessments that include the
calculation of public and private benefits of a proposed
public-private partnership transaction.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 5325 the following:
``5326. Private sector participation.''.
(c) Public-Private Partnership Procedures and Approaches.--
(1) Identify impediments.--The Secretary shall--
(A) except as provided in paragraph (4), identify any
provisions of chapter 53 of title 49, United States
Code, and any regulations or practices thereunder, that
impede greater use of public-private partnerships and
private investment in public transportation capital
projects;
(B) develop and implement on a project basis
procedures and approaches that--
(i) address such impediments in a manner
similar to the Special Experimental Project
Number 15 of the Federal Highway Administration
(commonly referred to as ``SEP-15''); and
(ii) protect the public interest and any
public investment in covered projects.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the status of the procedures and approaches developed
and implemented under paragraph (1).
(3) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue rules to carry
out the procedures and approaches developed under paragraph
(1).
(4) Rule of construction.--Nothing in this subsection may be
construed to allow the Secretary to waive any requirement
under--
(A) section 5333 of title 49, United States Code;
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(C) any other provision of Federal law not described
in paragraph (2)(A).
(d) Contracting Out Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a comprehensive report on the effect of contracting out public
transportation operations and administrative functions on cost,
availability and level of service, efficiency, and quality of
service.
(2) Considerations.--In developing the report, the
Comptroller General shall consider--
(A) the number of grant recipients that have
contracted out services and the types of public
transportation services that are performed under
contract, including paratransit service, fixed route
bus service, commuter rail operations, and
administrative functions;
(B) the size of the populations served by such grant
recipients;
(C) the basis for decisions regarding contracting out
such services;
(D) comparative costs of providing service under
contract to providing the same service through public
transit agency employees, using to the greatest extent
possible a standard cost allocation model;
(E) the extent of unionization among privately
contracted employees; and
(F) barriers to contracting out public transportation
operations and administrative functions.
(e) Guidance on Documenting Compliance.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall publish in the
Federal Register policy guidance regarding how to best document
compliance by recipients of Federal assistance under chapter 53 of
title 49, United States Code, with the requirements regarding private
enterprise participation in public transportation planning and
transportation improvement programs under sections 5203(g)(6) (as added
by title IV of this Act), and sections 5306(a) and 5307(c) of this
title.
SEC. 2016. PROJECT MANAGEMENT OVERSIGHT.
Section 5327(c)(1) is amended--
(1) by striking ``to make contracts''; and
(2) by striking subparagraph (F) and inserting the following:
``(F) 1 percent of amounts made available to carry
out section 5337.
``(G) 0.75 percent of amounts made available to carry
out section 5317.''.
SEC. 2017. STATE SAFETY OVERSIGHT.
(a) General Authority.--Section 5330(b) is amended to read as
follows:
``(b) General Authority.--The Secretary may require that up to 100
percent of the amount required to be appropriated for use in a State or
urbanized area in the State under section 5307 for a fiscal year
beginning after September 30, 2013, be utilized on capital safety
improvement and state of good repair projects for the benefit of fixed
guideway transportation systems in such State or urbanized area in the
State before any other transit capital project is undertaken, if--
``(1) the State in the prior fiscal year has not met the
requirements of subsection (c); or
``(2) the Secretary has certified that the State safety
oversight agency (as defined in section 5336(k)(1)(B)) does not
have adequate technical capacity, personnel resources, and
authority under relevant State law to perform the agency's
responsibilities described in that section.''.
SEC. 2018. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
(a) Apportionments.--Section 5336(i) is amended to read as follows:
``(i) Apportionments.--Of the amounts made available for each fiscal
year under section 5338(a)(2)(B)--
``(1) 2 percent shall be apportioned to certain urbanized
areas with populations of less than 200,000 in accordance with
subsection (j);
``(2) 1 percent shall be apportioned to applicable States for
operational support and training costs of State safety
oversight agencies and personnel employed by or under contract
to such agencies in accordance with subsection (k); and
``(3) any amount not apportioned under paragraphs (1) and (2)
shall be apportioned to urbanized areas in accordance with
subsections (a) through (c).''.
(b) State Safety Oversight Agencies.--Section 5336(k) is amended to
read as follows:
``(k) State Safety Oversight Agencies Formula.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Applicable states.--The term `applicable
States' means States that--
``(i) have rail fixed guideway public
transportation systems that are not subject to
regulation by the Federal Railroad
Administration; or
``(ii) are designing or constructing rail
fixed guideway public transportation systems
that will not be subject to regulation by the
Federal Railroad Administration.
``(B) State safety oversight agencies.--The term
`State safety oversight agency' means a designated
State authority that has responsibility--
``(i) for requiring, reviewing, approving,
and monitoring safety program plans under
section 5330(c)(1);
``(ii) for investigating hazardous conditions
and accidents on fixed guideway public
transportation systems that are not subject to
regulation by the Federal Railroad
Administration; and
``(iii) for requiring action to correct or
eliminate those conditions.
``(2) Apportionment.--
``(A) Apportionment formula.--The amount to be
apportioned under subsection (i)(2) shall be
apportioned among applicable States under a formula to
be established by the Secretary. Such formula shall
take into account factors of fixed guideway revenue
vehicle miles, fixed guideway route miles, and fixed
guideway vehicle passenger miles attributable to all
rail fixed guideway systems not subject to regulation
by the Federal Railroad Administration within each
applicable State.
``(B) Recipients of apportioned amounts.--Amounts
apportioned under the formula established pursuant to
subparagraph (A) shall be made available as grants to
State safety oversight agencies. Such grants are
subject to uniform administrative requirements for
grants and cooperative agreements to State and local
governments under part 18 of title 49, Code of Federal
Regulations, and are subject to the requirements of
this chapter as the Secretary determines appropriate.
``(C) Use of funds.--A State safety oversight agency
may use funds apportioned under subparagraph (A) for
program operational and administrative expenses,
including employee training activities, that assist the
agency in carrying out its responsibilities described
in paragraph (1)(B).
``(D) Certification process.--
``(i) Determinations.--The Secretary shall
determine whether or not each State safety
oversight agency has adequate technical
capacity, personnel resources, and authority
under relevant State law to perform the
agency's defined responsibilities described in
paragraph (1)(B).
``(ii) Issuance of certifications and
denials.--The Secretary shall--
``(I) issue a certification to each
State safety oversight agency that the
Secretary determines under clause (i)
has adequate technical capacity,
personnel resources, and authority; and
``(II) issue a denial of
certification to each State safety
oversight agency that the Secretary
determines under clause (i) does not
have adequate technical capacity,
personnel resources, and authority, and
provide the agency with a written
explanation of the reasons for the
denial.
``(E) Annual report.--On or before July 1 of each
year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report on--
``(i) the amount of funds apportioned to each
applicable State; and
``(ii) the certification status of each State
safety oversight agency, including what steps
an agency that has been denied certification
must take in order to be so certified.''.
(c) Conforming Amendment.--Section 5336(d)(1) is amended by striking
``subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338'' and
inserting ``section 5338(a)(2)(B)''.
SEC. 2019. FIXED GUIDEWAY MODERNIZATION FORMULA GRANTS.
(a) Amendment to Section Heading.--Section 5337 is amended--
(1) by striking the section designation and heading and
inserting the following:
``Sec. 5337. Fixed guideway modernization program''.
(b) Program Goals.--Section 5337 is amended--
(1) by redesignating subsections (a) through (f) as
subsections (c) through (h), respectively; and
(2) by inserting before subsection (c) (as so redesignated)
the following:
``(a) Program Goals.--The goals of the fixed guideway modernization
program are--
``(1) to rehabilitate, maintain, and preserve the Nation's
fixed guideway public transportation systems;
``(2) to reduce the maintenance backlog and increase the
state of good repair of the Nation's fixed guideway public
transportation systems; and
``(3) to increase the overall ridership on fixed guideway
public transportation systems.
``(b) General Authority.--The Secretary may make grants to eligible
recipients under this section to assist State and local government
authorities in financing capital projects to modernize eligible fixed
guideway systems.''.
(c) Distribution.--Section 5337(c) (as redesignated by subsection
(b)(1) of this section) is amended by striking ``under section 5309''
and all that follows before paragraph (1) and inserting ``for a fiscal
year as follows:''.
(d) Availability of Amounts.--Section 5337(f) (as redesignated by
subsection (b)(1) of this section) is amended to read as follows:
``(f) Availability of Amounts.--An amount appropriated under this
section shall remain available for a period of 3 fiscal years after the
fiscal year in which the amount is appropriated. Any of such amount
that is unobligated at the end of such period shall be reapportioned
for the next fiscal year among eligible recipients in accordance with
subsection (c).''.
(e) Grant Requirements.--Section 5337 is amended by adding at the end
the following:
``(i) Undertaking Projects in Advance.--
``(1) In general.--When a recipient obligates all amounts
apportioned to it under this section and then carries out a
part of a project described in this section without amounts of
the Government and according to all applicable procedures and
requirements (except to the extent the procedures and
requirements limit a State to carrying out a project with
amounts of the Government previously apportioned to it), the
Secretary may pay to the recipient the Government's share of
the cost of carrying out that part when additional amounts are
apportioned to the recipient under this section if--
``(A) the recipient applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out that part, the Secretary
approves the plans and specifications for the part in
the same way as for other projects under this section.
``(2) Requirement for approval of applications.--The
Secretary may approve an application under paragraph (1) only
if an authorization for this section is in effect for the
fiscal year to which the application applies.
``(3) Interest payments.--The cost of carrying out that part
of a project includes the amount of interest earned and payable
on bonds issued by the recipient to the extent proceeds of the
bonds are expended in carrying out this part. However, the
amount of interest allowed under this paragraph may not be more
than the most favorable financing terms reasonably available
for the project at the time of borrowing. The applicant shall
certify, in a manner satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the most
favorable financing terms.
``(j) Grant Requirements.--A grant under this section shall be
subject to the requirements of subsections (c), (d), (e), (h), (i), and
(m) of section 5307.''.
(f) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5337 and inserting the following:
``5337. Fixed guideway modernization program.''.
SEC. 2020. AUTHORIZATIONS.
(a) In General.--Section 5338 is amended to read as follows:
``Sec. 5338. Authorizations
``(a) Formula and Bus Grants.--
``(1) In general.--There shall be available from the
Alternative Transportation Account of the Highway Trust Fund to
carry out sections 5305, 5307, 5310, 5311, 5317, 5330, 5335,
and 5337 $8,400,000,000 for each of fiscal years 2013 through
2016.
``(2) Allocation of funds.--Amounts made available under
paragraph (1) shall be allocated as follows:
``(A) $126,000,000 for each of fiscal years 2013
through 2016 shall be available to carry out section
5305.
``(B) $4,578,000,000 for each of fiscal years 2013
through 2016 shall be allocated in accordance with
section 5336 to provide financial assistance for
urbanized areas and State safety oversight agencies
under sections 5307 and 5336(k).
``(C) $840,000,000 for each of fiscal years 2013
through 2016 shall be available to provide financial
assistance for States and local governmental
authorities to replace, rehabilitate, and purchase
buses and related equipment and to construct bus-
related facilities under section 5310. Of such amount,
$3,000,000 shall be available for each fiscal year for
bus testing under section 5318.
``(D) $672,000,000 for each of fiscal years 2013
through 2016 shall be available to provide financial
assistance for rural areas under section 5311.
``(E) $504,000,000 for each of fiscal years 2013
through 2016 shall be available to provide financial
assistance for recipients and subrecipients to provide
coordinated access and mobility public transportation
projects and services under section 5317.
``(F) $3,500,000 for each of fiscal years 2013
through 2016 shall be available to carry out section
5335. Such amount shall be made available from funds
allocated in accordance with section 5336 before the
apportionments under subsection 5336(i) are carried
out.
``(G) $1,680,000,000 for each of fiscal years 2013
through 2016 shall be made available and allocated in
accordance with section 5337 to provide financial
assistance for State and local government authorities
to finance capital projects to modernize eligible fixed
guideway systems.
``(b) Capital Investment Grants.--There is authorized to be
appropriated to carry out section 5309(m)(2) $1,955,000,000 for each of
fiscal years 2013 through 2016.
``(c) Research, Training and Outreach, and Technical Assistance.--
There is authorized to be appropriated to carry out the transit
research program under section 5312 and the training and outreach,
National Transit Institute, and technical assistance activities
authorized by section 5322, $45,000,000 for each of fiscal years 2013
through 2016. Such amounts shall remain available until expended.
``(d) Administration.--There is authorized to be appropriated to
carry out sections 5326 and 5334 $98,000,000 for each of fiscal years
2013 through 2016.
``(e) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Alternative Transportation
Account of the Highway Trust Fund pursuant to this section is a
contractual obligation of the Government to pay the Federal
share of the cost of the project.
``(2) Grants financed from general fund.--A grant or contract
that is approved by the Secretary and financed with amounts
appropriated in advance from the General Fund of the Treasury
pursuant to this section is a contractual obligation of the
Government to pay the Federal share of the cost of the project
only to the extent that amounts are appropriated for such
purpose by an Act of Congress.''.
(b) Conforming Amendment.--Section 5333(b)(1) is amended by striking
``5338(b)'' and inserting ``5338(a)'' each place it appears.
SEC. 2021. OBLIGATION LIMITS.
The total of all obligations from amounts made available from the
Alternative Transportation Account of the Highway Trust Fund by, and
amounts appropriated under, subsections (a) through (d) of section 5338
of title 49, United States Code, shall not exceed $10,498,000,000 in
each of fiscal years 2013 through 2016, of which not more than
$8,400,000,000 shall be from the Alternative Transportation Account.
SEC. 2022. PROGRAM ELIMINATION AND CONSOLIDATION.
(a) General Provision.--A repeal or amendment made by this section
shall not affect funds apportioned or allocated before the effective
date of the repeal.
(b) Clean Fuels Discretionary Grant Program.--Section 5308, and the
item relating to that section in the analysis for chapter 53, are
repealed.
(c) Conforming Amendments Regarding Formula Grants for Special Needs
of Elderly Individuals and Individuals With Disabilities.--
(1) Section 5327(c) is amended by striking ``5310'' each
place it appears and inserting ``5317''.
(2) Section 31138(e)(4) is amended by striking ``section
5307, 5310, or 5311'' and inserting ``section 5307, 5311, or
5317''.
(d) Public Transportation on Indian Reservations.--Section 5311(c)(1)
is repealed.
(e) Transit Cooperative Research Program.--Section 5313, and the item
relating to that section in the analysis for chapter 53, are repealed.
(f) National Research Programs.--Section 5314, and the item relating
to that section in the analysis for chapter 53, are repealed.
(g) National Transit Institute.--
(1) Repeal.--Section 5315, and the item relating to that
section in the analysis for chapter 53, are repealed.
(2) Conforming amendment.--Section 5307(k)(1) is amended by
striking ``5315(c),''.
(h) Bicycle Facilities.--Section 5319 is amended by striking the last
sentence.
(i) Job Access and Reverse Commute Formula Grants.--
(1) Repeal.--Section 5316, and the item relating to that
section in the analysis for chapter 53, are repealed.
(2) Conforming amendment.--Chapter 53 is amended in section
5333(b)(1) by striking ``5316,'' each place it appears.
(j) Paul S. Sarbanes Transit in the Parks Program.--
(1) Repeal.--Section 5320, and the item relating to that
section in the analysis for chapter 53, are repealed.
(2) Conforming amendment.--Section 5327(c)(2)(B) is amended
by striking ``5311, and 5320'' and inserting ``and 5311''.
(k) Repeal of Debt Service Reserve Pilot Program.--Section 5323(e) is
amended by striking paragraph (4).
(l) Program of Interrelated Projects.--Section 5328 is amended by
striking subsection (c).
(m) Alternatives Analysis.--Section 5339, and the item relating to
that section in the analysis for chapter 53, are repealed.
(n) Apportionments Based on Growing States and High Density States
Formula Factors.--Section 5340, and the item relating to that section
in the analysis for chapter 53, are repealed.
(o) Contracted Paratransit Pilot.--Section 3009 of SAFETEA-LU (119
Stat. 1572) is amended by striking subsection (i).
(p) Elderly Individuals and Individuals With Disabilities Pilot
Program.--Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note; 119 Stat.
1591) is repealed.
(q) National Fuel Cell Bus Technology Development Program.--Section
3045 of SAFETEA-LU (49 U.S.C. 5308 note; 119 Stat. 1705), and the item
relating to that section in the table of contents contained in section
1(b) of that Act, are repealed.
(r) Allocations for National Research and Technology Programs.--
Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706), and
the item relating to that section in the table of contents contained in
section 1(b) of that Act, are repealed.
(s) Over-the-Road Bus Accessibility Program.--Section 3038 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note;
112 Stat. 392), and the item relating to that section in the table of
contents contained in section 1(b) of that Act, are repealed.
SEC. 2023. EVALUATION AND REPORT.
(a) Evaluation.--The Comptroller General of the United States shall
evaluate the progress and effectiveness of the Federal Transit
Administration in assisting recipients of assistance under chapter 53
of title 49, United States Code, to comply with section 5332(b) of such
title, including--
(1) by reviewing discrimination complaints, reports, and
other relevant information collected or prepared by the Federal
Transit Administration or recipients of assistance from the
Federal Transit Administration pursuant to any applicable civil
rights statute, regulation, or other requirement; and
(2) by reviewing the process that the Federal Transit
Administration uses to resolve discrimination complaints filed
by members of the public.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report concerning the evaluation under subsection (a) that includes--
(1) a description of the ability of the Federal Transit
Administration to address discrimination and foster equal
opportunities in federally funded public transportation
projects, programs, and activities;
(2) recommendations for improvements if the Comptroller
General determines that improvements are necessary; and
(3) information upon which the evaluation under subsection
(a) is based.
SEC. 2024. TRANSIT BUY AMERICA PROVISIONS.
Section 5323(j) is amended by adding at the end the following:
``(10) Application of buy america to transit programs.--The
requirements of this subsection apply to all contracts for a
project carried out within the scope of the applicable finding,
determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the
funding source of such contracts, if at least one contract for
the project is funded with amounts made available to carry out
this chapter.
``(11) Additional waiver requirements.--
``(A) In general.--If the Secretary receives a
request for a waiver under this section, the Secretary
shall provide notice of and an opportunity for public
comment on the request at least 30 days before making a
finding based on the request.
``(B) Notice requirements.--A notice provided under
subparagraph (A) shall include the information
available to the Secretary concerning the request and
shall be provided by electronic means, including on the
official public Internet Web site of the Department of
Transportation
``(C) Detailed justification.--If the Secretary
issues a waiver under this subsection, the Secretary
shall publish in the Federal Register a detailed
justification for the waiver that addresses the public
comments received under subparagraph (A) and shall
ensure that such justification is published before the
waiver takes effect.''.
TITLE III--ENVIRONMENTAL STREAMLINING
SEC. 3001. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
SEC. 3002. DECLARATION OF POLICY.
(a) Expedited Project Delivery.--Section 101(b) is amended by adding
at the end the following:
``(4) Expedited project delivery.--Congress declares that it
is in the national interest to expedite the delivery of surface
transportation projects by substantially reducing the average
length of the environmental review process. Accordingly, it is
the policy of the United States that--
``(A) the Secretary shall have the lead role among
Federal agencies in carrying out the environmental
review process for surface transportation projects;
``(B) each Federal agency shall cooperate with the
Secretary to expedite the environmental review process
for surface transportation projects;
``(C) there shall be a presumption that the mode,
facility type, and corridor location for a surface
transportation project will be determined in the
transportation planning process, as established in
sections 5203 and 5204 of title 49;
``(D) project sponsors shall not be prohibited from
carrying out pre-construction project development
activities concurrently with the environmental review
process;
``(E) programmatic approaches shall be used, to the
maximum extent possible, to reduce the need for
project-by-project reviews and decisions by Federal
agencies; and
``(F) the Secretary shall actively support increased
opportunities for project sponsors to assume
responsibilities of the Secretary in carrying out the
environmental review process.''.
SEC. 3003. EXEMPTION IN EMERGENCIES.
If any road, highway, or bridge is in operation or under
construction when damaged by an emergency declared by the Governor of
the State and concurred in by the Secretary, or declared by the
President pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), and is reconstructed in the
same location with the same capacity, dimensions, and design as before
the emergency, then that reconstruction project shall be exempt from
any further environmental reviews, approvals, licensing, and permit
requirements under--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) sections 402 and 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1342, 1344);
(3) the National Historic Preservation Act (16 U.S.C. 470 et
seq.);
(4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);
(6) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.);
(7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), except when the reconstruction occurs in designated
critical habitat for threatened and endangered species;
(8) Executive Order 11990 (42 U.S.C. 4321 note; relating to
the protection of wetlands); and
(9) any Federal law (including regulations) requiring no net
loss of wetlands.
SEC. 3004. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.
(a) Real Property Interests.--Section 108 is amended--
(1) by striking ``real property'' each place it appears and
inserting ``real property interests'';
(2) by striking ``right-of-way'' each place it appears and
inserting ``real property interest''; and
(3) by striking ``rights-of-way'' each place it appears and
inserting ``real property interests''.
(b) State-funded Early Acquisition of Real Property Interests.--
Section 108(c) is amended--
(1) in the subsection heading by striking ``Early Acquisition
of Rights-of-Way'' and inserting ``State-Funded Early
Acquisition of Real Property Interests'';
(2) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively;
(3) in paragraph (2), as redesignated--
(A) in the heading by striking ``General rule'' and
inserting ``Eligibility for reimbursement''; and
(B) by striking ``Subject to paragraph (2)'' and
inserting ``Subject to paragraph (3)'';
(4) by inserting before paragraph (2), as redesignated, the
following:
``(1) In general.--A State may carry out, at the expense of
the State, acquisitions of interests in real property for a
project before completion of the review process required for
the project under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) without affecting subsequent approvals
required for the project by the State or any Federal agency.'';
and
(5) in paragraph (3), as redesignated--
(A) in the matter preceding subparagraph (A) by
striking ``in paragraph (1)'' and inserting ``in
paragraph (2)''; and
(B) in subparagraph (G) by striking ``both the
Secretary and the Administrator of the Environmental
Protection Agency have concurred'' and inserting ``the
Secretary has determined''.
(c) Federally Funded Acquisition of Real Property Interests.--Section
108 is further amended by adding at the end the following:
``(d) Federally Funded Early Acquisition of Real Property
Interests.--
``(1) In general.--The Secretary may authorize the use of
Federal funds for the acquisition of a real property interest
by a State. For purposes of this subsection, an acquisition of
a real property interest includes the acquisition of any
interest in land, including the acquisition of a contractual
right to acquire any interest in land, or any other similar
action to acquire or preserve rights-of-way for a
transportation facility.
``(2) State certification.--A State requesting Federal
funding for an acquisition of a real property interest shall
certify in writing that--
``(A) the State has authority to acquire the real
property interest under State law;
``(B) the acquisition of the real property interest
is for a transportation purpose; and
``(C) the State acknowledges that early acquisition
will not be considered by the Secretary in the
environmental assessment of a project, the decision
relative to the need to construct a project, or the
selection of a project design or location.
``(3) Environmental compliance.--Before authorizing Federal
funding for an acquisition of a real property interest, the
Secretary shall complete for the acquisition the review process
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). For purposes of the review process, the
acquisition of a real property interest shall be treated as
having independent utility and does not limit consideration of
alternatives for future transportation improvements with
respect to the real property interest.
``(4) Programming.--The acquisition of a real property
interest for which Federal funding is requested shall be
included as a project in an applicable transportation
improvement program under sections 5203 and 5204 of title 49.
The acquisition project may be included in the transportation
improvement program on its own, without including the future
construction project for which the real property interest is
being acquired. The acquisition project may consist of the
acquisition of a specific parcel, a portion of a transportation
corridor, or an entire transportation corridor.
``(5) Other requirements.--The acquisition of a real property
interest shall be carried out in compliance with all
requirements applicable to the acquisition of real property
interests for federally funded transportation projects.
``(e) Consideration of Long-Range Transportation Needs.--The
Secretary shall encourage States and other public authorities, if
practicable, to acquire transportation real property interests that are
sufficient to accommodate long-range transportation needs and, if
possible, to do so through the acquisition of broad real property
interests that have the capacity for expansion over a 50- to 100-year
period and the potential to accommodate one or more transportation
modes.''.
SEC. 3005. STANDARDS.
Section 109 (as amended by title I of this Act) is further amended by
adding at the end the following:
``(s) Undertaking Design Activities Before Completion of
Environmental Review Process.--
``(1) In general.--A State may carry out, at the expense of
the State, design activities at any level of detail for a
project before completion of the review process required for
the project under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) without affecting subsequent approvals
of the project.
``(2) Eligibility for reimbursement.--Subject to paragraph
(3), funds apportioned to a State under this title may be used
to participate in the payment of costs incurred by the State
for design activities, if the results of the activities are
subsequently incorporated (in whole or in substantial part)
into a project eligible for surface transportation program
funds.
``(3) Terms and conditions.--The Federal share payable of the
costs described in paragraph (2) shall be eligible for
reimbursement out of funds apportioned to a State under this
title when the design activities are incorporated (in whole or
in substantial part) into a project eligible for surface
transportation program funds, if the State demonstrates to the
Secretary and the Secretary finds that--
``(A) before the time that the cost incurred by a
State is approved for Federal participation,
environmental compliance pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been completed for the project for which the
design activities were conducted by the State; and
``(B) the design activities conducted pursuant to
this subsection did not preclude the consideration of
alternatives to the project.''.
SEC. 3006. LETTING OF CONTRACTS.
(a) Bidding Requirements.--Section 112(b)(1) is amended to read as
follows:
``(1) In general.--
``(A) Competitive bidding requirement.--Subject to
paragraphs (2), (3), and (4), construction of each
project, subject to the provisions of subsection (a),
shall be performed by contract awarded by competitive
bidding, unless the State transportation department
demonstrates, to the satisfaction of the Secretary,
that some other method is more cost effective or that
an emergency exists.
``(B) Basis of award.--
``(i) In general.--Contracts for the
construction of each project shall be awarded
only on the basis of the lowest responsive bid
submitted by a bidder meeting established
criteria of responsibility.
``(ii) Prohibition.--No requirement or
obligation shall be imposed as a condition
precedent to the award of a contract to such
bidder for a project, or to the Secretary's
concurrence in the award of a contract to such
bidder, unless such requirement or obligation
is otherwise lawful and is specifically set
forth in the advertised specifications.''.
(b) Design-build Contracting.--Section 112(b)(3) is amended--
(1) in subparagraph (A) by striking ``subparagraph (C)'' and
inserting ``subparagraph (B)'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) through (E) as
subparagraphs (B) through (D), respectively; and
(4) in subparagraph (C), as redesignated--
(A) in the matter preceding clause (i) by striking
``of the SAFETEA-LU'' and inserting ``of the American
Energy and Infrastructure Jobs Act of 2012'';
(B) in clause (ii) by striking ``and'' at the end;
(C) in clause (iii)--
(i) by striking ``final design or''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(iv) permit the State transportation
department, the local transportation agency,
and the design-build contractor to proceed, at
the expense of one or more of those entities,
with design activities at any level of detail
for a project before completion of the review
process required for the project under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) without affecting
subsequent approvals required for the project.
Design activities carried out under this clause
shall be eligible for Federal reimbursement as
a project expense in accordance with the
requirements under section 109(s).''.
(c) Efficiencies in Contracting.--Section 112(b) is amended by adding
at the end the following:
``(4) Method of contracting.--
``(A) In general.--
``(i) Two-phase contract.--A contracting
agency may award a two-phase contract for
preconstruction and construction services.
``(ii) Pre-construction services phase.--In
the pre-construction services phase, the
contractor shall provide the contracting agency
with advice for scheduling, work sequencing,
cost engineering, constructability, cost
estimating, and risk identification.
``(iii) Agreement.--Prior to the start of the
construction services phase, the contracting
agency and the contractor may agree to a price
and other factors specified in regulation for
the construction of the project or a portion of
the project.
``(iv) Construction phase.--If an agreement
is reached under clause (iii), the contractor
shall be responsible for the construction of
the project or portion of the project at the
negotiated price and other factors specified in
regulation.
``(B) Selection.--A contract shall be awarded to a
contractor using a competitive selection process based
on qualifications, experience, best value, or any other
combination of factors considered appropriate by the
contracting agency.
``(C) Timing.--
``(i) Relationship to nepa process.--Prior to
the completion of the process required under
section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332), a
contracting agency may--
``(I) issue requests for proposals;
``(II) proceed with the award of a
contract for preconstruction services
under subparagraph (A); and
``(III) issue notices to proceed with
a preliminary design and any work
related to preliminary design.
``(ii) Preconstruction services phase.--If
the preconstruction services phase of a
contract under subparagraph (A)(ii) focuses
primarily on one alternative, the Secretary
shall require that the contract include
appropriate provisions to achieve the
objectives of section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332) and comply with other applicable Federal
laws and regulations.
``(iii) Construction services phase.--A
contracting agency may not proceed with the
award of the construction services phase of a
contract under subparagraph (A)(iv) and may not
proceed, or permit any consultant or contractor
to proceed, with construction until completion
of the process required under section 102 of
the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
``(iv) Approval requirement.--Prior to
authorizing construction activities, the
Secretary shall approve the contracting
agency's price estimate for the entire project,
as well as any price agreement with the general
contractor for the project or a portion of the
project.
``(v) Design activities.--A contracting
agency may proceed, at its expense, with design
activities at any level of detail for a project
before completion of the review process
required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) without affecting subsequent
approvals required for the project. Design
activities carried out under this clause shall
be eligible for Federal reimbursement as a
project expense in accordance with the
requirements under section 109(s).''.
SEC. 3007. ELIMINATION OF DUPLICATION IN HISTORIC PRESERVATION
REQUIREMENTS.
(a) Preservation of Parklands.--Section 138 is amended by adding at
the end the following:
``(c) Elimination of Duplication for Historic Sites and Properties.--
The requirements of this section shall be considered to be satisfied
for an historic site or property where its treatment has been agreed
upon in a memorandum of agreement by invited and mandatory signatories,
including the Advisory Council on Historic Preservation, if
participating, in accordance with section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).''.
(b) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic
Sites.--Section 303 of title 49, United States Code, is amended by
adding at the end the following:
``(e) Elimination of Duplication for Historic Sites and Properties.--
The requirements of this section shall be considered to be satisfied
for an historic site or property where its treatment has been agreed
upon in a memorandum of agreement by invited and mandatory signatories,
including the Advisory Council on Historic Preservation, if
participating, in accordance with section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).''.
SEC. 3008. FUNDING THRESHOLD.
Section 139(b) is amended by adding at the end the following:
``(3) Funding threshold.--The Secretary's approval of a
project receiving funds under this title or under chapter 53 of
title 49 shall not be considered a Federal action for the
purposes of the National Environmental Policy Act of 1969 if
such funds--
``(A) constitute 15 percent or less of the total
estimated project costs; or
``(B) are less than $10,000,000.''.
SEC. 3009. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Flexibility.--Section 139(b) is further amended--
(1) in paragraph (2) by inserting ``, and any requirements
established in this section may be satisfied,'' after
``exercised''; and
(2) by adding after paragraph (3), as added by this Act, the
following:
``(4) Programmatic compliance.--At the request of a State,
the Secretary may modify the procedures developed under this
section to encourage programmatic approaches and strategies
with respect to environmental programs and permits (in lieu of
project-by-project reviews).''.
(b) Federal Lead Agency.--Section 139(c) is amended--
(1) in paragraph (1) by adding at the end the following: ``If
the project requires approval from more than one modal
administration within the Department, the Secretary shall
designate a single modal administration to serve as the Federal
lead agency for the Department in the environmental review
process for the project.'';
(2) in paragraph (3) by inserting ``or other approvals by the
Secretary'' after ``chapter 53 of title 49''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency in making any approval
of a project subject to this section as the document required
to be completed under the National Environmental Policy Act of
1969.''.
(c) Participating Agencies.--
(1) Effect of designation.--Section 139(d)(4) is amended to
read as follows:
``(4) Effect of designation.--
``(A) Requirement.--A participating agency shall
comply with the requirements of this section and any
schedule established under this section.
``(B) Implication.--Designation as a participating
agency under this subsection shall not imply that the
participating agency--
``(i) supports a proposed project; or
``(ii) has any jurisdiction over, or special
expertise with respect to evaluation of, the
project.''.
(2) Concurrent reviews.--Section 139(d)(7) is amended to read
as follows:
``(7) Concurrent reviews.--Each participating agency and
cooperating agency shall--
``(A) carry out obligations of that agency under
other applicable law concurrently, and in conjunction,
with the review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the agency to
ensure completion of the environmental review process
in a timely, coordinated, and environmentally
responsible manner.''.
(d) Project Initiation.--Section 139(e) is amended by adding at the
end the following: ``The project sponsor may satisfy this requirement
by submitting to the Secretary a draft notice for publication in the
Federal Register announcing the preparation of an environmental impact
statement for the project.''.
(e) Alternatives Analysis.--Section 139(f) is amended--
(1) in paragraph (4)--
(A) by amending subparagraph (B) to read as follows
``(B) Range of alternatives.--
``(i) In general.--Following participation
under paragraph (1), the lead agency shall
determine the range of alternatives for
consideration in any document which the lead
agency is responsible for preparing for the
project.
``(ii) Limitation.--The range of alternatives
shall be limited to alternatives that are--
``(I) consistent with the
transportation mode and general design
of the project described in the long-
range transportation plan or
transportation improvement program
prepared pursuant to section 5203 or
5204 of title 49; and
``(II) consistent with the funding
identified for the project under the
fiscal constraint requirements of
section 5203 or 5204 of title 49.
``(iii) Restriction.--A Federal agency may
not require the evaluation of any alternative
that was evaluated, but not adopted--
``(I) in any prior State or Federal
environmental document with regard to
the applicable long-range
transportation plan or transportation
improvement program; or
``(II) after the preparation of a
programmatic or tiered environmental
document that evaluated alternatives to
the project.
``(iv) Legal sufficiency.--The evaluation of
the range of alternatives shall be deemed
legally sufficient if the environmental
document complies with the requirements of this
paragraph.'';
(B) in subparagraph (C)--
(i) by striking ``(C) Methodologies.--The
lead agency'' and inserting the following:
``(C) Methodologies.--
``(i) In general.--The lead agency'';
(ii) by striking ``in collaboration with
participating agencies at appropriate times
during the study process'' and inserting
``after consultation with participating
agencies as part of the scoping process''; and
(iii) by adding at the end the following:
``(ii) Comments.--Each participating agency
shall limit comments on such methodologies to
those issues that are within the authority and
expertise of such participating agency.
``(iii) Studies.--The lead agency may not
conduct studies proposed by any participating
agency that are not within the authority or
expertise of such participating agency.''; and
(C) by adding at the end the following:
``(E) Limitations on the evaluation of impacts
evaluated in prior environmental documents.--
``(i) In general.--The lead agency may not
reevaluate, and a Federal agency may not
require the reevaluation of, cumulative impacts
or growth-inducing impacts where such impacts
were previously evaluated in--
``(I) a long-range transportation
plan or transportation improvement
program developed pursuant to section
5203 or 5204 of title 49;
``(II) a prior environmental document
approved by the Secretary; or
``(III) a prior State environmental
document approved pursuant to a State
law that is substantially equivalent to
section 102(2)(C) of the National
Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
``(ii) Legal sufficiency.--The evaluation of
cumulative impacts and growth inducing impacts
shall be deemed legally sufficient if the
environmental document complies with the
requirements of this paragraph.''; and
(2) by adding at the end the following:
``(5) Effective decisionmaking.--
``(A) Concurrence.--At the discretion of the lead
agency, a participating agency shall be presumed to
concur in the determinations made by the lead agency
under this subsection unless the participating agency
submits an objection to the lead agency in writing
within 30 days after receiving notice of the lead
agency's determination and specifies the statutory
basis for the objection.
``(B) Adoption of determination.--If the
participating agency concurs or does not object within
the 30-day period, the participating agency shall adopt
the lead agency's determination for purposes of any
reviews, approvals, or other actions taken by the
participating agency as part of the environmental
review process for the project.''.
(f) Coordination Plan.--Section 139(g) is amended--
(1) in paragraph (1)(A) by striking ``project or category of
projects'' and inserting ``project, category of projects, or
program of projects'';
(2) by amending paragraph (3) to read as follows:
``(3) Deadlines for decisions under other laws.--
``(A) Prior approval deadline.--If a participating
agency is required to make a determination regarding or
otherwise approve or disapprove the project prior to
the record of decision or finding of no significant
impact of the lead agency, such participating agency
shall make such determination or approval not later
than 30 days after the lead agency publishes notice of
the availability of a final environmental impact
statement or other final environmental document, or not
later than such other date that is otherwise required
by law, whichever occurs first.
``(B) Other deadlines.--With regard to any
determination or approval of a participating agency
that is not subject to subparagraph (A), each
participating agency shall make any required
determination regarding or otherwise approve or
disapprove the project not later than 90 days after the
date that the lead agency approves the record of
decision or finding of no significant impact for the
project, or not later than such other date that is
otherwise required by law, whichever occurs first.
``(C) Deemed approved.--In the event that any
participating agency fails to make a determination or
approve or disapprove the project within the applicable
deadline described in subparagraphs (A) and (B), the
project shall be deemed approved by such participating
agency, and such approval shall be deemed to comply
with the applicable requirements of Federal law.
``(D) Judicial review.--
``(i) In general.--An approval of a project
under subparagraph (C) shall not be subject to
judicial review.
``(ii) Written finding.--The Secretary may
issue a written finding verifying the approval
made in accordance with this paragraph.''; and
(3) by striking paragraph (4).
(g) Issue Identification and Resolution.--Section 139(h)(4) is
amended by adding at the end the following:
``(C) Resolution final.--
``(i) In general.--The lead agency and
participating agencies may not reconsider the
resolution of any issue agreed to by the
relevant agencies in a meeting under
subparagraph (A).
``(ii) Compliance with applicable law.--Any
such resolution shall be deemed to comply with
applicable law notwithstanding that the
agencies agreed to such resolution prior to the
approval of the environmental document.''.
(h) Streamlined Documentation and Decisionmaking.--Section 139 (as
amended by title I of this Act) is further amended--
(1) by redesignating subsections (i) through (l) as
subsections (k) through (n), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Streamlined Documentation and Decisionmaking.--
``(1) In general.--The lead agency in the environmental
review process for a project, in order to reduce paperwork and
expedite decisionmaking, shall prepare a condensed final
environmental impact statement.
``(2) Condensed format.--A condensed final environmental
impact statement for a project in the environmental review
process shall consist only of--
``(A) an incorporation by reference of the draft
environmental impact statement;
``(B) any updates to specific pages or sections of
the draft environmental impact statement as
appropriate; and
``(C) responses to comments on the draft
environmental impact statement and copies of the
comments.
``(3) Timing of decision.--Notwithstanding any other
provision of law, in conducting the environmental review
process for a project, the lead agency shall combine a final
environmental impact statement and a record of decision for the
project into a single document if--
``(A) the alternative approved in the record of
decision is either a preferred alternative that was
identified in the draft environmental impact statement
or is a modification of such preferred alternative that
was developed in response to comments on the draft
environmental impact statement;
``(B) the Secretary has received a certification from
a State under section 128, if such a certification is
required for the project; and
``(C) the Secretary determines that the lead agency,
participating agency, or the project sponsor has
committed to implement the measures applicable to the
approved alternative that are identified in the final
environmental impact statement.
``(j) Supplemental Environmental Review and Re-Evaluation.--
``(1) Supplemental environmental review.--After the approval
of a record of decision or finding of no significant impact
with regard to a project, an agency may not require the
preparation of a subsequent environmental document for such
project unless the lead agency determines that--
``(A) changes to the project will result in new
significant impacts that were not evaluated in the
environmental document; or
``(B) new information has become available or changes
in circumstances have occurred after the lead agency
approval of the project that will result in new
significant impacts that were not evaluated in the
environmental document.
``(2) Re-evaluations.--The Secretary may only require the re-
evaluation of a document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
``(A) the Secretary determines that the events in
paragraph (1)(A) or (1)(B) apply; and
``(B) more than 5 years has elapsed since the
Secretary's prior approval of the project or
authorization of project funding.
``(3) Change to record of decision.--After the approval of a
record of decision, the Secretary may not require the record of
decision to be changed solely because of a change in the fiscal
circumstances surrounding the project.''.
(i) Regulations.--Section 139(m) (as redesignated by subsection
(h)(1) of this section) is further amended to read as follows:
``(m) Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of the American Energy and Infrastructure Jobs Act of
2012, the Secretary, by regulation, shall--
``(A) implement this section; and
``(B) establish methodologies and procedures for
evaluating the environmental impacts, including
cumulative impacts and growth-inducing impacts, of
transportation projects subject to this section.
``(2) Compliance with applicable law.--Any environmental
document that utilizes the methodologies and procedures
established under this subsection shall be deemed to comply
with the applicable requirements of--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or its implementing
regulations; or
``(B) any other Federal environmental statute
applicable to transportation projects.''.
(j) Limitations on Claims.--Section 139(n) (as redesignated by
subsection (h)(1) of this section) is further amended--
(1) in paragraph (1) by striking ``180 days'' and inserting
``90 days''; and
(2) by striking paragraph (2) and inserting the following:
``(2) New information.--The preparation of a supplemental
environmental impact statement or other environmental document
when required by this section shall be considered a separate
final agency action and the deadline for filing a claim for
judicial review of such action shall be 90 days after the date
of publication of a notice in the Federal Register announcing
such action.''.
(k) Limitations on Judicial Relief.--Section 139 is further amended
by adding at the end the following:
``(o) Limitations on Judicial Relief.--Notwithstanding any other
provision of law, the following limitations shall apply to actions
brought before a court in connection with a project under this section:
``(1) Venue for any action shall be where the project is
located.
``(2) A specific property interest impacted by the
transportation project in question must exist in order to have
standing to bring an action.
``(3) No action may be commenced by any person alleging a
violation of--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), chapters 5 and 7 of title 5,
or any other Federal law applicable to the evaluation,
avoidance, or mitigation of environmental impacts of
the project if such Federal law is identified in the
draft environmental impact statement, unless such
person provided written notice to the lead agency of
the alleged violation of law, and the facts supporting
such claim, during the public comment period on the
draft environmental impact statement; or
``(B) any other law with regard to the project unless
such person provided written notice to the applicable
approving agency of the alleged violation of law, and
the facts supporting such claim, during the public
comment period on such agency approval.
``(4) Elected or appointed officials working for the
Government or a State government may not be named in their
individual capacities in an action if they are acting within
the scope of their official duties.''.
SEC. 3010. DISPOSAL OF HISTORIC PROPERTIES.
(a) Disposal of Historic Properties.--Section 156 is amended--
(1) by striking the section heading and inserting ``Sale or
lease of real property''; and
(2) by adding at the end the following:
``(d) Assessment of Adverse Effects.--Notwithstanding part 800 of
title 36, Code of Federal Regulations, the sale or lease by a State of
any historic property that is not listed in the National Register of
Historic Places shall not be considered an adverse effect to the
property within any consultation process carried out under section 106
of the National Historic Preservation Act (16 U.S.C. 470f).''.
(b) Clerical Amendment.--The analysis for chapter 1 is amended by
striking the item relating to section 156 and inserting the following:
``156. Sale or lease of real property.''.
SEC. 3011. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
(a) In General.--Chapter 1 is amended by adding at the end the
following:
``Sec. 167. Integration of planning and environmental review
``(a) Definitions.--In this section, the following definitions apply:
``(1) Environmental review process.--
``(A) In general.--The term `environmental review
process' means the process for preparing for a project
an environmental impact statement, environmental
assessment, categorical exclusion, or other document
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(B) Inclusions.--The term `environmental review
process' includes the process for and completion of any
environmental permit, approval, review, or study
required for a project under any Federal law other than
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(2) Planning product.--The term `planning product' means
any decision, analysis, study, or other documented result of an
evaluation or decisionmaking process carried out during
transportation planning.
``(3) Project.--The term `project' means any highway project
or program of projects, public transportation capital project
or program of projects, or multimodal project or program of
projects that requires the approval of the Secretary.
``(4) Project sponsor.--The term `project sponsor' means the
agency or other entity, including any private or public-private
entity, that seeks approval of the Secretary for a project.
``(b) Purpose and Findings.--
``(1) Purpose.--The purpose of this section is to establish
the authority and provide procedures for achieving integrated
planning and environmental review processes to--
``(A) enable statewide and metropolitan planning
processes to more effectively serve as the foundation
for project decisions;
``(B) foster better decisionmaking;
``(C) reduce duplication in work;
``(D) avoid delays in transportation improvements;
and
``(E) better transportation and environmental results
for communities and the United States.
``(2) Findings.--Congress finds the following:
``(A) This section is consistent with and is adopted
in furtherance of sections 101 and 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 and
4332) and section 109 of this title.
``(B) This section should be broadly construed and
may be applied to any project, class of projects, or
program of projects carried out under this title or
chapter 53 of title 49.
``(c) Adoption of Planning Products for Use in NEPA Proceedings.--
``(1) In general.--Notwithstanding any other provision of law
and subject to the conditions set forth in subsection (e), the
Federal lead agency for a project, at the request of the
project sponsors, may adopt and use a planning product in
proceedings relating to any class of action in the
environmental review process of the project.
``(2) Partial adoption of planning products.--The Federal
lead agency may adopt a planning product under paragraph (1) in
its entirety or may select portions for adoption.
``(3) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product shall be made at
the time the lead agencies decide the appropriate scope of
environmental review for the project.
``(d) Applicability.--
``(1) Planning decisions.--Planning decisions that may be
adopted pursuant to this section include--
``(A) a purpose and need or goals and objectives
statement for the project, including with respect to
whether tolling, private financial assistance, or other
special financial measures are necessary to implement
the project;
``(B) a decision with respect to travel corridor
location, including project termini;
``(C) a decision with respect to modal choice,
including a decision to implement corridor or subarea
study recommendations to advance different modal
solutions as separate projects with independent
utility;
``(D) a decision with respect to the elimination of
unreasonable alternatives and the selection of the
range of reasonable alternatives for detailed study
during the environmental review process;
``(E) a basic description of the environmental
setting;
``(F) a decision with respect to methodologies for
analysis; and
``(G) identifications of programmatic level
mitigation for potential impacts that the Federal lead
agency, in consultation with Federal, State, local, and
tribal resource agencies, determines are most
effectively addressed at a regional or national program
level, including--
``(i) system-level measures to avoid,
minimize, or mitigate impacts of proposed
transportation investments on environmental
resources, including regional ecosystem and
water resources; and
``(ii) potential mitigation activities,
locations, and investments.
``(2) Planning analyses.--Planning analyses that may be
adopted pursuant to this section include studies with respect
to--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management, and
development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally
sensitive areas;
``(G) potential environmental effects, including the
identification of resources of concern and potential
cumulative effects on those resources, identified as a
result of a statewide or regional cumulative effects
assessment; and
``(H) mitigation needs for a proposed action, or for
programmatic level mitigation, for potential effects
that the Federal lead agency determines are most
effectively addressed at a regional or national program
level.
``(e) Conditions.--Adoption and use of a planning product under this
section is subject to a determination by the Federal lead agency, in
consultation with joint lead agencies and project sponsors as
appropriate, that the following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects.
``(3) During the planning process, notice was provided
through publication or other means to Federal, State, and local
government agencies and tribal governments that might have an
interest in the proposed project, and to members of the general
public, of the planning products that the planning process
might produce and that might be relied on during the
environmental review process, and such entities have been
provided an appropriate opportunity to participate in the
planning process leading to such planning product.
``(4) Prior to determining the scope of environmental review
for the project, the joint lead agencies have made
documentation relating to the planning product available to
Federal, State, and local governmental agencies and tribal
governments that may have an interest in the proposed action,
and to members of the general public.
``(5) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
``(6) The planning product is based on reliable and
reasonably current data and reasonable and scientifically
acceptable methodologies.
``(7) The planning product is documented in sufficient detail
to support the decision or the results of the analysis and to
meet requirements for use of the information in the
environmental review process.
``(8) The planning product is appropriate for adoption and
use in the environmental review process for the project.
``(f) Effect of Adoption.--Notwithstanding any other provision of
law, any planning product adopted by the Federal lead agency in
accordance with this section shall not be reconsidered or made the
subject of additional interagency consultation during the environmental
review process of the project unless the Federal lead agency, in
consultation with joint lead agencies and project sponsors as
appropriate, determines that there is significant new information or
new circumstances that affect the continued validity or appropriateness
of the adopted planning product. Any planning product adopted by the
Federal lead agency in accordance with this section may be relied upon
and used by other Federal agencies in carrying out reviews of the
project.
``(g) Rule of Construction.--This section may not be construed to
make the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) process applicable to the transportation planning process
conducted under chapter 52 of title 49. Initiation of the National
Environmental Policy Act of 1969 process as a part of, or concurrently
with, transportation planning activities does not subject
transportation plans and programs to the National Environmental Policy
Act of 1969 process. This section may not be construed to affect the
use of planning products in the National Environmental Policy Act of
1969 process pursuant to other authorities under law or to restrict the
initiation of the National Environmental Policy Act of 1969 process
during planning.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at end the following:
``167. Integration of planning and environmental review.''.
SEC. 3012. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
(a) In General.--Chapter 1 (as amended by this title) is further
amended by adding at the end the following:
``Sec. 168. Development of programmatic mitigation plans
``(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan planning
organization may develop one or more programmatic mitigation plans to
address the potential environmental impacts of future transportation
projects.
``(b) Scope.--
``(1) Scale.--A programmatic mitigation plan may be developed
on a regional, ecosystem, watershed, or statewide scale.
``(2) Resources.--The plan may encompass multiple
environmental resources within a defined geographic area or may
focus on a specific resource, such as aquatic resources,
parklands, or wildlife habitat.
``(3) Project impacts.--The plan may address impacts from all
projects in a defined geographic area or may focus on a
specific type of project, such as bridge replacements.
``(4) Consultation.--The scope of the plan shall be
determined by the State or metropolitan planning organization,
as appropriate, in consultation with the agency or agencies
with jurisdiction over the resources being addressed in the
mitigation plan.
``(c) Contents.--A programmatic mitigation plan may include--
``(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan, including
an assessment of recent trends and any potential threats to
those resources;
``(2) an assessment of potential opportunities to improve the
overall quality of environmental resources in the geographic
area covered by the plan, through strategic mitigation for
impacts of transportation projects;
``(3) standard measures for mitigating certain types of
impacts;
``(4) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or criteria
for determining appropriate mitigation sites;
``(5) adaptive management procedures, such as protocols that
involve monitoring predicted impacts over time and adjusting
mitigation measures in response to information gathered through
the monitoring; and
``(6) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining
appropriate mitigation for certain types of resources.
``(d) Process.--Before adopting a programmatic mitigation plan, a
State or metropolitan planning organization shall--
``(1) consult with the agency or agencies with jurisdiction
over the environmental resources considered in the programmatic
mitigation plan;
``(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies and the
public;
``(3) consider any comments received from such agencies and
the public on the draft plan; and
``(4) address such comments in the final plan.
``(e) Integration With Other Plans.--A programmatic mitigation plan
may be integrated with other plans, including watershed plans,
ecosystem plans, species recovery plans, growth management plans, and
land use plans.
``(f) Consideration in Project Development and Permitting.--If a
programmatic mitigation plan has been developed pursuant to this
section, any Federal agency responsible for environmental reviews,
permits, or approvals for a transportation project shall give
substantial weight to the recommendations in a programmatic mitigation
plan when carrying out their responsibilities under applicable laws.
``(g) Preservation of Existing Authorities.--Nothing in this section
limits the use of programmatic approaches to reviews under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(b) Clerical Amendment.--The analysis for such chapter (as amended by
this title) is further amended by adding at the end the following:
``168. Development of programmatic mitigation plans.''.
SEC. 3013. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(a) is amended--
(1) in paragraph (2) by striking ``and only for types of
activities specifically designated by the Secretary'' and
inserting ``and for any type of activity for which a
categorical exclusion classification is appropriate''; and
(2) by adding at the end the following:
``(4) Preservation of flexibility.--The Secretary shall not
require a State, as a condition of assuming responsibility
under this section, to forego project delivery methods that are
otherwise permissible for highway projects.''.
SEC. 3014. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) Program Name.--Section 327 is amended--
(1) in the section heading by striking ``pilot''; and
(2) in subsection (a)(1) by striking ``pilot''.
(b) Assumption of Responsibility.--Section 327(a)(2) is amended--
(1) in subparagraph (A) by striking ``highway'';
(2) in subparagraph (B) by striking clause (ii) and inserting
the following:
``(ii) the Secretary may not assign any
responsibility imposed on the Secretary by
section 5203 or 5204 of title 49.''; and
(3) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary may
not require a State, as a condition of participation in
the program, to forego project delivery methods that
are otherwise permissible for projects.''.
(c) State Participation.--Section 327(b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Participating states.--All States are eligible to
participate in the program.''; and
(2) in paragraph (2) by striking ``this section, the
Secretary shall promulgate'' and inserting ``amendments to this
section by the American Energy and Infrastructure Jobs Act of
2012, the Secretary shall amend, as appropriate,''.
(d) Written Agreement.--Section 327(c) is amended--
(1) in paragraph (3)(D) by striking the period at the end and
inserting a semicolon; and
(2) by adding at the end the following:
``(4) have a term of not more than 5 years; and
``(5) be renewable.''.
(e) Conforming Amendment.--Section 327(e) is amended by striking
``subsection (i)'' and inserting ``subsection (j)''.
(f) Audits.--Section 327(g)(1)(B) is amended by striking ``subsequent
year'' and inserting ``of the third and fourth years''.
(g) Monitoring.--Section 327 is further amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Monitoring.--After the fourth year of the participation of a
State in the program, the Secretary shall monitor compliance by the
State with the written agreement, including the provision by the State
of financial resources to carry out the written agreement.''.
(h) Termination.--Section 327(j) (as redesignated by subsection
(g)(1) of this section) is amended to read as follows:
``(j) Termination.--The Secretary may terminate the participation of
any State in the program if--
``(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(2) the Secretary provides to the State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the Secretary determines
is necessary to comply with the applicable agreement;
and
``(3) the State, after the notification and period provided
under paragraph (2), fails to take satisfactory corrective
action, as determined by the Secretary.''.
(i) Definitions.--Section 327 is amended by adding at the end the
following:
``(k) Definitions.--In this section, the following definitions apply:
``(1) Multimodal project.--The term `multimodal project'
means a project funded, in whole or in part, under this title
or chapter 53 of title 49 and involving the participation of
more than one Department of Transportation administration or
agency.
``(2) Project.--The term `project' means any highway project,
public transportation capital project, or multimodal project
that requires the approval of the Secretary.''.
(j) Clerical Amendment.--The analysis for chapter 3 is amended by
striking the item relating to section 327 and inserting the following:
``327. Surface transportation project delivery program.''.
SEC. 3015. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL
REVIEWS.
(a) In General.--Chapter 3 (as amended by title I of this Act) is
further amended by adding at the end the following:
``Sec. 331. Program for eliminating duplication of environmental
reviews
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a program to
eliminate duplicative environmental reviews and approvals under
State and Federal law of projects. Under this program, a State
may use State laws and procedures to conduct reviews and make
approvals in lieu of Federal environmental laws and
regulations, consistent with the provisions of this section.
``(2) Participating states.--All States are eligible to
participate in the program.
``(3) Scope of alternative review and approval procedures.--
For purposes of this section, alternative environmental review
and approval procedures may include one or more of the
following:
``(A) Substitution of one or more State environmental
laws for one or more Federal environmental laws, if the
Secretary determines in accordance with this section
that the State environmental laws provide environmental
protection and opportunities for public involvement
that are substantially equivalent to the applicable
Federal environmental laws.
``(B) Substitution of one or more State regulations
for Federal regulations implementing one or more
Federal environmental laws, if the Secretary determines
in accordance with this section that the State
regulations provide environmental protection and
opportunities for public involvement that are
substantially equivalent to the Federal regulations.
``(b) Application.--To participate in the program, a State shall
submit to the Secretary an application containing such information as
the Secretary may require, including--
``(1) a full and complete description of the proposed
alternative environmental review and approval procedures of the
State;
``(2) for each State law or regulation included in the
proposed alternative environmental review and approval
procedures of the State, an explanation of the basis for
concluding that the law or regulation meets the requirements
under subsection (a)(3); and
``(3) evidence of having sought, received, and addressed
comments on the proposed application from the public and
appropriate Federal environmental resource agencies.
``(c) Review of Application.--The Secretary shall--
``(1) review an application submitted under subsection (b);
``(2) approve or disapprove the application in accordance
with subsection (d) not later than 90 days after the date of
the receipt of the application; and
``(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons for the
approval or disapproval.
``(d) Approval of State Programs.--
``(1) In general.--The Secretary shall approve each such
application if the Secretary finds that the proposed
alternative environmental review and approval procedures of the
State are substantially equivalent to the applicable Federal
environmental laws and Federal regulations.
``(2) Exclusion.--The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) shall not apply to any decision
by the Secretary to approve or disapprove any application
submitted pursuant to this section.
``(e) Compliance With Permits.--Compliance with a permit or other
approval of a project issued pursuant to a program approved by the
Secretary under this section shall be deemed compliance with the
Federal laws and regulations identified in the program approved by the
Secretary pursuant to this section.
``(f) Review and Termination.--
``(1) Review.--All State alternative environmental review and
approval procedures approved under this section shall be
reviewed by the Secretary not less than once every 5 years.
``(2) Public notice and comment.--In conducting the review
process under paragraph (1), the Secretary shall provide notice
and an opportunity for public comment.
``(3) Extensions and terminations.--At the conclusion of the
review process, the Secretary may extend the State alternative
environmental review and approval procedures for an additional
5-year period or terminate the State program.
``(g) Report to Congress.--Not later than 2 years after the date of
enactment of this section and annually thereafter, the Secretary shall
submit to Congress a report that describes the administration of the
program.
``(h) Definitions.--For purposes of this section:
``(1) Environmental law.--The term `environmental law'
includes any law that provides procedural or substantive
protection, as applicable, for the natural or built environment
with regard to the construction and operation of projects.
``(2) Federal environmental laws.--The term `Federal
environmental laws' means laws governing the review of
environmental impacts of, and issuance of permits and other
approvals for, the construction and operation of projects,
including section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344), section
106 of the National Historic Preservation Act (16 U.S.C. 470f),
and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2),
1538(a)(1)(B), 1539(a)(1)(B)).
``(3) Multimodal project.--The term `multimodal project'
means a project funded, in whole or in part, under this title
or chapter 53 of title 49 and involving the participation of
more than one Department of Transportation administration or
agency.
``(4) Project.--The term `project' means any highway project,
public transportation capital project, or multimodal project
that requires the approval of the Secretary.''.
(b) Clerical Amendment.--The analysis for such chapter (as amended by
title I of this Act) is further amended by adding at the end the
following:
``331. Program for eliminating duplication of environmental reviews.''.
SEC. 3016. STATE PERFORMANCE OF LEGAL SUFFICIENCY REVIEWS.
(a) In General.--Chapter 3 (as amended by this title) is further
amended by adding at the end the following:
``Sec. 332. State performance of legal sufficiency reviews
``(a) In General.--At the request of any State transportation
department, the Federal Highway Administration shall enter into an
agreement with the State transportation department to authorize the
State to carry out the legal sufficiency reviews for environmental
impact statements and environmental assessments under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance
with this section.
``(b) Terms of Agreement.--An agreement authorizing a State to carry
out legal sufficiency reviews for Federal-aid highway projects shall
contain the following provisions:
``(1) A finding by the Federal Highway Administration that
the State has the capacity to carry out legal sufficiency
reviews that are equivalent in quality and consistency to the
reviews that would otherwise be conducted by attorneys employed
by such Administration.
``(2) An oversight process, including periodic reviews
conducted by attorneys employed by such Administration, to
evaluate the quality of the legal sufficiency reviews carried
out by the State transportation department under the agreement.
``(3) A requirement for the State transportation department
to submit a written finding of legal sufficiency to the Federal
Highway Administration concurrently with the request by the
State for Federal approval of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) document.
``(4) An opportunity for the Federal Highway Administration
to conduct an additional legal sufficiency review for any
project, for not more than 30 days, if considered necessary by
the Federal Highway Administration.
``(5) Procedures allowing either party to the agreement to
terminate the agreement for any reason with 30 days notice to
the other party.
``(c) Effect of Agreement.--A legal sufficiency review carried out by
a State transportation department under this section shall be deemed by
the Federal Highway Administration to satisfy the requirement for a
legal sufficiency review in sections 771.125(b) and 774.7(d) of title
23, Code of Federal Regulations, or other applicable regulations issued
by the Federal Highway Administration.''.
(b) Clerical Amendment.--The analysis for such chapter (as amended by
this title) is further amended by adding at the end the following:
``332. State performance of legal sufficiency reviews.''.
SEC. 3017. CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary shall treat an activity carried out
under title 23, United States Code, or project within a right-of-way as
a class of action categorically excluded from the requirements relating
to environmental assessments or environmental impact statements under
section 771.117(c) of title 23, Code of Federal Regulations.
(b) Definitions.--In this section, the following definitions apply:
(1) Multimodal project.--The term ``multimodal project''
means a project funded, in whole or in part, under title 23,
United States Code, or chapter 53 of title 49 of such Code and
involving the participation of more than one Department of
Transportation administration or agency.
(2) Project.--The term ``project'' means any highway project,
public transportation capital project, or multimodal project
that requires the approval of the Secretary.
SEC. 3018. ENVIRONMENTAL REVIEW PROCESS DEADLINE.
(a) In General.--
(1) Deadline.--Notwithstanding any other provision of law,
the environmental review process for a project shall be
completed not later than 270 days after the date on which the
notice of project initiation under section 139(e) of title 23,
United States Code, is published in the Federal Register.
(2) Consequences of missed deadline.--If the environmental
review process for a project is not completed in accordance
with paragraph (1)--
(A) the project shall be considered to have no
significant impact to the human environment for
purposes of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(B) that classification shall be considered to be a
final agency action.
(b) Appeal.--In this section, the following rules shall apply:
(1) There shall be a single administrative appeal for the
environmental review process carried out pursuant to this
section.
(2) Upon resolution of the administrative appeal, judicial
review of the final agency decision after exhaustion of
administrative remedies shall lie with the United States Court
of Appeals for the District of Columbia Circuit.
(3) An appeal to the court specified in paragraph (2) shall
be based only on the administrative record.
(4) After an agency has made a final decision with respect to
the environmental review process carried out under this
section, that decision shall be effective during the course of
any subsequent appeal to a court specified in paragraph (2).
(5) All civil actions arising under this section shall be
considered to arise under the laws of the United States.
(c) Definitions.--In this section, the following definitions apply:
(1) Environmental review process.--
(A) In general.--The term ``environmental review
process'' means the process for preparing for a project
an environmental impact statement, environmental
assessment, categorical exclusion, or other document
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions.--The term ``environmental review
process'' includes the process for and completion of
any environmental permit, approval, review, or study
required for a project under any Federal law other than
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Lead agency.--The term ``lead agency'' means the
Department of Transportation and, if applicable, any State or
local governmental entity serving as a joint lead agency
pursuant to this section.
(3) Multimodal project.--The term ``multimodal project''
means a project funded, in whole or in part, under title 23,
United States Code, or chapter 53 of title 49 of such Code and
involving the participation of more than one Department of
Transportation administration or agency.
(4) Project.--The term ``project'' means any highway project,
public transportation capital project, or multimodal project
that requires the approval of the Secretary.
SEC. 3019. RELOCATION ASSISTANCE.
(a) Alternative Relocation Payment Process.--
(1) Establishment.--For the purpose of identifying
improvements in the timeliness of providing relocation
assistance to persons displaced as a result of Federal or
federally-assisted programs and projects, the Secretary shall
establish an alternative relocation payment process under which
payments to displaced persons eligible for relocation
assistance pursuant to the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601
et seq.), are calculated based on reasonable estimates and paid
in advance of the physical displacement of the displaced
person.
(2) Payments.--
(A) Timing of payments.--Relocation assistance
payments may be provided to the displaced person at the
same time as payments of just compensation for real
property acquired for a program or project of the
State.
(B) Combined payment.--Payments for relocation and
just compensation may be combined into a single
unallocated amount.
(3) Conditions for state use of alternative process.--
(A) In general.--After public notice and an
opportunity to comment, the Secretary shall adopt
criteria for States to use the alternative relocation
payment process established by the Secretary.
(B) Memorandum of agreement.--In order to use the
alternative relocation payment process, a State shall
enter into a memorandum of agreement with the Secretary
that includes provisions relating to--
(i) the selection of projects or programs
within the State to which the alternative
relocation payment process will be applied;
(ii) program and project-level monitoring;
(iii) performance measurement;
(iv) reporting requirements; and
(v) the circumstances under which the
Secretary may terminate or suspend the
authority of the State to use the alternative
relocation payment process.
(C) Required information.--A State may use the
alternative relocation payment process only after the
displaced persons affected by a program or project--
(i) are informed in writing--
(I) that the relocation payments the
displaced persons receive under the
alternative relocation payment process
may be higher or lower than the amount
that the displaced persons would have
received under the standard relocation
assistance process; and
(II) of their right not to
participate in the alternative
relocation payment process; and
(ii) agree in writing to the alternative
relocation payment process.
(D) Election not to participate.--The displacing
agency shall provide any displaced person who elects
not to participate in the alternative relocation
payment process with relocation assistance in
accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).
(4) Protections against inconsistent treatment.--If other
Federal agencies plan displacements in or adjacent to an area
of a project using the alternative relocation payment process
within the same time period as a project acquisition and
relocation action of the project, the Secretary shall adopt
measures to protect against inconsistent treatment of displaced
persons. Such measures may include a determination that the
alternative relocation payment process authority may not be
used on a specific project.
(5) Report.--
(A) In general.--The Secretary shall submit to
Congress an annual report on the implementation of the
alternative relocation payment process.
(B) Contents.--The report shall include an evaluation
of the merits of the alternative relocation payment
process, including the effects of the alternative
relocation payment process on--
(i) displaced persons and the protections
afforded to such persons by the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.);
(ii) the efficiency of the delivery of
Federal-aid highway projects and overall
effects on the Federal-aid highway program; and
(iii) the achievement of the purposes of the
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(6) Limitation.--The alternative relocation payment process
under this section may be used only on projects funded under
title 23, United States Code, in cases in which the funds are
administered by the Federal Highway Administration.
(7) NEPA applicability.--Notwithstanding any other provision
of law, the use of the alternative relocation payment process
established under this section on a project funded under title
23, United States Code, and administered by the Federal Highway
Administration is not a major Federal action requiring analysis
or approval under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Uniform Relocation Assistance Act Amendments.--
(1) Moving and related expenses.--Section 202 of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4622) is amended--
(A) in subsection (a)(4) by striking ``$10,000'' and
inserting ``$25,000, as adjusted by regulation, in
accordance with section 213(d)''; and
(B) in the second sentence of subsection (c) by
striking ``$20,000'' and inserting ``$40,000, as
adjusted by regulation, in accordance with section
213(d)''.
(2) Replacement housing for homeowners.--The first sentence
of section 203(a)(1) of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4623(a)(1)) is amended by--
(A) striking ``$22,500'' and inserting ``$31,000, as
adjusted by regulation, in accordance with section
213(d),''; and
(B) striking ``one hundred and eighty days prior to''
and inserting ``90 days before''.
(3) Replacement housing for tenants and certain others.--
Section 204 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is
amended--
(A) in the second sentence of subsection (a) by
striking ``$5,250'' and inserting ``$7,200, as adjusted
by regulation, in accordance with section 213(d)''; and
(B) in the second sentence of subsection (b) by
striking ``, except'' and all that follows through the
end of the subsection and inserting a period.
(4) Duties of lead agency.--Section 213 of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4633) is amended--
(A) in subsection (b)--
(i) in paragraph (2) by striking ``and'';
(ii) in paragraph (3) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) that each Federal agency that has programs or projects
requiring the acquisition of real property or causing a
displacement from real property subject to the provisions of
this Act shall provide to the lead agency an annual summary
report that describes the activities conducted by the Federal
agency.''; and
(B) by adding at the end the following:
``(d) Adjustment of Payments.--The head of the lead agency may
adjust, by regulation, the amounts of relocation payments provided
under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the
lead agency determines that cost of living, inflation, or other factors
indicate that the payments should be adjusted to meet the policy
objectives of this Act.''.
(5) Agency coordination.--Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.) is amended by inserting after section
213 (42 U.S.C. 4633) the following:
``SEC. 214. AGENCY COORDINATION.
``(a) Agency Capacity.--Each Federal agency responsible for funding
or carrying out relocation and acquisition activities shall have
adequately trained personnel and such other resources as are necessary
to manage and oversee the relocation and acquisition program of the
Federal agency in accordance with this Act.
``(b) Interagency Agreements.--Not later than 1 year after the date
of the enactment of this section, each Federal agency responsible for
funding relocation and acquisition activities (other than the agency
serving as the lead agency) shall enter into a memorandum of
understanding with the lead agency that--
``(1) provides for periodic training of the personnel of the
Federal agency, which in the case of a Federal agency that
provides Federal financial assistance, may include personnel of
any displacing agency that receives Federal financial
assistance;
``(2) addresses ways in which the lead agency may provide
assistance and coordination to the Federal agency relating to
compliance with this Act on a program or project basis; and
``(3) addresses the funding of the training, assistance, and
coordination activities provided by the lead agency, in
accordance with subsection (c).
``(c) Interagency Payments.--
``(1) In general.--For the fiscal year that begins 1 year
after the date of the enactment of this section, and each
fiscal year thereafter, each Federal agency responsible for
funding relocation and acquisition activities (other than the
agency serving as the lead agency) shall transfer to the lead
agency for the fiscal year, such funds as are necessary, but
not less than $35,000, to support the training, assistance, and
coordination activities of the lead agency described in
subsection (b).
``(2) Included costs.--The cost to a Federal agency of
providing the funds described in paragraph (1) shall be
included as part of the cost of 1 or more programs or projects
undertaken by the Federal agency or with Federal financial
assistance that result in the displacement of persons or the
acquisition of real property.''.
(c) Cooperation With Federal Agencies.--Section 308(a) is amended to
read as follows:
``(a) Authorized Activities.--
``(1) In general.--The Secretary may perform, by contract or
otherwise, authorized engineering or other services in
connection with the survey, construction, maintenance, or
improvement of highways for other Federal agencies, cooperating
foreign countries, and State cooperating agencies.
``(2) Inclusions.--Services authorized under paragraph (1)
may include activities authorized under section 214 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``(3) Reimbursement.--Reimbursement for services carried out
under this subsection, including depreciation on engineering
and road-building equipment, shall be credited to the
applicable appropriation.''.
TITLE IV--TRANSPORTATION PLANNING
SEC. 4001. TRANSPORTATION PLANNING.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by inserting after chapter 51 the following:
``CHAPTER 52--TRANSPORTATION PLANNING
``Sec.
``5201. Policy.
``5202. Definitions.
``5203. Metropolitan transportation planning.
``5204. Statewide transportation planning.
``5205. National strategic transportation plan.
``5206. National performance management system.
``Sec. 5201. Policy
``(a) In General.--It is in the national interest to--
``(1) encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight and foster economic growth and development
within and between States and urbanized areas, while minimizing
transportation-related fuel consumption and air pollution
through metropolitan and statewide transportation planning
processes identified in this chapter; and
``(2) encourage the continued improvement and evolution of
the metropolitan and statewide transportation planning
processes by metropolitan planning organizations, State
departments of transportation, and public transportation
operators as guided by the planning factors identified in
sections 5203(f) and 5204(d).
``(b) Common Transportation Planning Program.--This chapter provides
a common transportation planning program to be administered by the
Federal Highway Administration and the Federal Transit Administration.
``Sec. 5202. Definitions
``In this chapter, the following definitions apply:
``(1) Metropolitan planning area.--The term `metropolitan
planning area' means the geographic area determined by
agreement between the metropolitan planning organization for
the area and the Governor under section 5203(c).
``(2) Metropolitan long-range transportation plan.--The term
`metropolitan long-range transportation plan' means a long-
range transportation plan developed by an MPO under section
5203 for a metropolitan planning area.
``(3) Metropolitan planning organization; mpo.--The term
`metropolitan planning organization' or `MPO' means the policy
board of an organization created as a result of the designation
process in section 5203(b).
``(4) Metropolitan transportation improvement program;
metropolitan tip.--The term `metropolitan transportation
improvement program' or `metropolitan TIP' means a
transportation improvement program developed by an MPO under
section 5203 for a metropolitan planning area.
``(5) Nonmetropolitan area.--The term `nonmetropolitan area'
means a geographic area outside designated metropolitan
planning areas.
``(6) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means elected and appointed
officials of general purpose local government in a
nonmetropolitan area with responsibility for transportation.
``(7) Regional transportation planning organization.--The
term `regional transportation planning organization' means a
policy board of an organization created as the result of a
designation under section 5204(k).
``(8) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(9) State.--The term `State' means any of the 50 States,
the District of Columbia, or Puerto Rico.
``(10) Statewide strategic long-range transportation plan.--
The term `statewide strategic long-range transportation plan'
means a strategic long-range transportation plan developed by a
State under section 5204 for all areas of the State.
``(11) Statewide transportation improvement program;
statewide tip.--The term `statewide transportation improvement
program' or `statewide TIP' means a transportation improvement
program developed by a State under section 5204 for all areas
of the State.
``(12) Urbanized area.--The term `urbanized area' means a
geographic area with a population of 50,000 or more, as
designated by the Bureau of the Census.
``Sec. 5203. Metropolitan transportation planning
``(a) General Requirements.--
``(1) Development of metropolitan long-range plans and
tips.--To accomplish the objectives set forth in section 5201,
metropolitan planning organizations designated under subsection
(b), in cooperation with the State and public transportation
operators, shall develop metropolitan long-range transportation
plans and transportation improvement programs for metropolitan
planning areas of the State.
``(2) Contents.--Metropolitan long-range transportation plans
and TIPs shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, including intercity buses and
intercity bus facilities) that will function as an intermodal
transportation system for the metropolitan planning area and as
an integral part of an intermodal transportation system for the
State and the United States.
``(3) Process of development.--The process for developing
metropolitan long-range transportation plans and TIPs shall
provide for consideration of all modes of transportation and
shall be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
``(b) Designation of MPOs.--
``(1) In general.--To carry out the transportation planning
process required by this section, an MPO shall be designated
for an urbanized area with a population of more than 100,000
individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together
represent at least 75 percent of the affected
population (including the largest incorporated city
(based on population) as named by the Bureau of the
Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--An MPO that serves an area designated as a
transportation management area, when designated or redesignated
under this subsection, shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer or
operate major modes of transportation in the
metropolitan area; and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--Nothing in this
subsection may be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities to--
``(A) develop metropolitan long-range transportation
plans or TIPs for adoption by an MPO; and
``(B) develop long-range capital plans, coordinate
public transportation services or projects, or carry
out other activities pursuant to State law.
``(4) Continuing designation.--A designation of an MPO under
this subsection or any other provision of law shall remain in
effect until the MPO is redesignated under paragraph (5) or
revoked by agreement among the Governor and units of general
purpose local government that together represent at least 75
percent of the affected population or as otherwise provided
under State or local procedures.
``(5) Redesignation procedures.--An MPO may be redesignated
by agreement between the Governor and units of general purpose
local government that together represent at least 75 percent of
the existing planning area population (including the largest
incorporated city (based on population) as named by the Bureau
of the Census) as appropriate to carry out this section.
``(6) Designation of multiple mpos.--More than 1 MPO may be
designated within an existing metropolitan planning area only
if the Governor and the existing MPO determine that the size
and complexity of the existing metropolitan planning area make
designation of more than 1 MPO for the area appropriate.
``(c) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined
by agreement between the MPO and the Governor.
``(2) Included area.--A metropolitan planning area--
``(A) shall encompass at least the existing urbanized
area and the contiguous area expected to become
urbanized within a 20-year forecast period for the
metropolitan long-range transportation plan; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
``(3) Identification of new urbanized areas within existing
planning area boundaries.--The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the
existing MPO.
``(4) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of August 10, 2005, the boundaries of the metropolitan
planning area in existence as of such date shall be retained,
except that the boundaries may be adjusted by agreement of the
Governor and affected MPOs in the manner described in
subsection (b)(5).
``(5) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after August 10, 2005,
as a nonattainment area for ozone or carbon monoxide, the
boundaries of the metropolitan planning area--
``(A) shall be established in the manner described in
subsection (b)(1);
``(B) shall encompass the areas described in
subsection (c)(2)(A);
``(C) may encompass the areas described in subsection
(c)(2)(B); and
``(D) may address any nonattainment area identified
under the Clean Air Act for ozone or carbon monoxide.
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage a Governor
with responsibility for a portion of a multistate metropolitan
area and the appropriate MPOs to provide coordinated
transportation planning for the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of
activities authorized under this section as the
activities pertain to interstate areas and localities
within the States; and
``(B) to establish such agencies, joint or otherwise,
as the States may determine desirable for making the
agreements and compacts effective.
``(3) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection
is expressly reserved.
``(e) MPO Consultation in Plan and TIP Coordination.--
``(1) Nonattainment areas.--If more than 1 MPO has authority
within a metropolitan area or an area that is designated as a
nonattainment area for ozone or carbon monoxide under the Clean
Air Act, each MPO shall consult with the other MPOs designated
for such area and the State in the coordination of metropolitan
long-range transportation plans and TIPs.
``(2) Transportation improvements located in areas
represented by multiple mpos.--If a transportation improvement,
funded from the Highway Trust Fund or authorized under chapter
53 of this title, is located within the boundaries of more than
1 metropolitan planning area, the MPOs shall coordinate
metropolitan long-range transportation plans and TIPs regarding
the transportation improvement.
``(3) Relationship with other planning officials.--The
Secretary shall encourage an MPO to consult with officials
responsible for other types of planning activities that are
affected by transportation in the area (including State and
local planned growth, economic development, environmental
protection, airport operations, and freight movements) or to
coordinate its planning process, to the maximum extent
practicable, with such planning activities. Under the
metropolitan planning process, metropolitan long-range
transportation plans and TIPs shall be developed with due
consideration of other related planning activities within the
metropolitan area, and the process shall provide for the design
and delivery of transportation services within the metropolitan
area that are provided by--
``(A) recipients of assistance under chapter 53;
``(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive Federal
assistance from a source other than the Department of
Transportation to provide nonemergency transportation
services; and
``(C) recipients of assistance under sections 202 and
203 of title 23.
``(f) Scope of Planning Process.--
``(1) In general.--The metropolitan planning process for a
metropolitan planning area under this section shall provide for
consideration of projects and strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety of the transportation
system for motorized and nonmotorized users;
``(C) increase the security of the transportation
system for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
people and for freight;
``(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
people and freight;
``(G) promote efficient system management and
operation, including through the use of intelligent
transportation systems;
``(H) emphasize the preservation of the existing
transportation system; and
``(I) support intermodal facilities or facilitate
regional growth.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under title 23, chapter 53 of this title,
subchapter II of chapter 5 of title 5, or chapter 7 of title 5
in any matter affecting a metropolitan long-range
transportation plan or TIP, a project or strategy, or the
certification of a planning process.
``(g) Development of Long-Range Transportation Plan.--
``(1) In general.--
``(A) Existing and former nonattainment areas.--An
MPO shall prepare and update a metropolitan long-range
transportation plan for its metropolitan planning area
in accordance with the requirements of this subsection.
The MPO shall prepare and update the plan every 4 years
(or more frequently, if the MPO elects to update more
frequently) in the case of each of the following:
``(i) Any area designated as nonattainment,
as defined in section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
``(ii) Any area that was nonattainment and
subsequently designated to attainment in
accordance with section 107(d)(3) of that Act
(42 U.S.C. 7407(d)(3)) and that is subject to a
maintenance plan under section 175A of that Act
(42 U.S.C. 7505a).
``(B) Other areas.--In the case of any other area
required to have a metropolitan long-range
transportation plan, the MPO shall prepare and update
the plan every 5 years unless the MPO elects to update
more frequently.
``(2) Long-range transportation plan.--A metropolitan long-
range transportation plan shall be in a form that the Secretary
determines to be appropriate and shall contain, at a minimum,
the following:
``(A) Identification of transportation facilities.--
An identification of transportation facilities
(including major roadways, public transportation
facilities, intercity bus facilities, multimodal and
intermodal facilities, and intermodal connectors) that
should function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and regional
transportation functions. In formulating the plan, the
MPO shall consider factors described in subsection (f)
and other relevant data and factors disseminated by the
Secretary pursuant to section 5205(b) as such factors
relate to a 20-year forecast period.
``(B) Mitigation activities.--
``(i) In general.--A metropolitan long-range
transportation plan shall include a discussion
of types of potential environmental mitigation
activities and potential areas to carry out
these activities, including activities that may
have the greatest potential to restore and
maintain the environmental functions affected
by the plan.
``(ii) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
``(C) Financial plan.--
``(i) In general.--A financial plan that--
``(I) demonstrates how the adopted
metropolitan long-range transportation
plan can be implemented;
``(II) indicates resources from
public and private sources that are
reasonably expected to be made
available to carry out the metropolitan
long-range transportation plan;
``(III) recommends any additional
financing strategies for needed
projects and programs; and
``(IV) may include, for illustrative
purposes, additional projects that
would be included in the adopted
metropolitan long-range transportation
plan if reasonable additional resources
beyond those identified in the
financial plan were available.
``(ii) Estimates of funds.--For the purpose
of developing the metropolitan long-range
transportation plan, the MPO, public
transportation operator, and State shall
cooperatively develop estimates of funds that
will be available to support plan
implementation.
``(D) Operational and management strategies.--
Operational and management strategies to improve the
performance of existing transportation facilities to
relieve vehicular congestion and maximize the safety
and mobility of people and goods.
``(E) Capital investment and other strategies.--
Capital investment and other strategies to preserve the
existing and projected future metropolitan
transportation infrastructure and provide for
multimodal capacity increases based on regional
priorities and needs.
``(3) Intercity bus.--A metropolitan long-range
transportation plan shall consider the role intercity buses may
play in reducing congestion, pollution, and energy consumption
in a cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated.
``(4) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone or
carbon monoxide under the Clean Air Act, the MPO shall
coordinate the development of a metropolitan long-range
transportation plan with the process for development of the
transportation control measures of the State implementation
plan required by that Act.
``(5) Consultation; comparisons.--
``(A) Consultation.--A metropolitan long-range
transportation plan shall be developed, as appropriate,
in consultation with State and local agencies
responsible for land use management, natural resources,
environmental protection, conservation, and historic
preservation.
``(B) Comparisons.--Consultation under subparagraph
(A) shall involve, as appropriate, a comparison of the
metropolitan long-range transportation plan--
``(i) to State conservation plans and maps,
if available; and
``(ii) to inventories of natural and historic
resources, if available.
``(6) Participation by interested parties.--
``(A) In general.--An MPO shall provide citizens,
affected public agencies, representatives of public
transportation employees, freight shippers, providers
of freight transportation services, private providers
of transportation, including intercity bus services,
representatives of users of public transportation,
representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of
the disabled, and other interested parties with a
reasonable opportunity to comment on its metropolitan
long-range transportation plan.
``(B) Contents of participation plan.--A
participation plan shall--
``(i) be developed in consultation with all
interested parties; and
``(ii) provide that all interested parties
have reasonable opportunities to comment on the
contents of the metropolitan long-range
transportation plan.
``(C) Methods.--In carrying out subparagraph (A), the
MPO shall, to the maximum extent practicable--
``(i) hold any public meetings at convenient
and accessible locations and times;
``(ii) employ visualization techniques to
describe plans; and
``(iii) make public information available in
electronically accessible format and means,
such as the Internet, as appropriate to afford
a reasonable opportunity for consideration of
public information under subparagraph (A).
``(7) Publication.--A metropolitan long-range transportation
plan involving Federal participation shall be published or
otherwise made readily available by the MPO for public review
(including to the maximum extent practicable in electronically
accessible formats and means, such as the Internet) approved by
the MPO, and submitted for information purposes to the
Governor, at such times and in such manner as the Secretary
shall establish.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or MPO shall not be
required to select any project from the illustrative list of
additional projects included in the financial plan under such
paragraph.
``(h) Metropolitan TIP.--
``(1) Development.--
``(A) In general.--In cooperation with the State and
any affected public transportation operator, the MPO
designated for a metropolitan area shall develop a
metropolitan TIP for the area for which the
organization is designated.
``(B) Opportunity for comment.--In developing the
metropolitan TIP, the MPO, in cooperation with the
State and any affected public transportation operator,
shall provide an opportunity for participation by
interested parties in the development of the program,
in accordance with subsection (g)(6).
``(C) Funding estimates.--For the purpose of
developing the metropolitan TIP, the MPO, public
transportation agency, and State shall cooperatively
develop estimates of funds that are reasonably expected
to be available to support program implementation.
``(D) Updating and approval.--The metropolitan TIP
shall be updated at least once every 4 years and shall
be approved by the MPO and the Governor.
``(2) Contents.--
``(A) Priority list.--The metropolitan TIP shall
include a priority list of proposed federally supported
projects and strategies to be carried out within each
4-year period after the initial adoption of the
metropolitan TIP.
``(B) Financial plan.--The metropolitan TIP shall
include a financial plan that--
``(i) demonstrates how the metropolitan TIP
can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to
be available to carry out the metropolitan TIP;
``(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
``(iv) may include, for illustrative
purposes, additional projects that would be
included in the approved metropolitan TIP if
reasonable additional resources beyond those
identified in the financial plan were
available.
``(C) Descriptions.--A project in the metropolitan
TIP shall include sufficient descriptive material (such
as type of work, termini, length, and other similar
factors) to identify the project or phase of the
project.
``(3) Included projects.--
``(A) Projects under title 23 and chapter 53 of this
title.--A metropolitan TIP for an area shall include
the projects within the area that are proposed for
funding under chapter 1 of title 23 and chapter 53 of
this title.
``(B) Projects under chapter 2 of title 23.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 of title 23 shall be
identified individually in the metropolitan
TIP.
``(ii) Other projects.--Projects proposed for
funding under such chapter that are not
determined to be regionally significant shall
be grouped in one line item or identified
individually in the metropolitan TIP.
``(C) Consistency with long-range transportation
plan.--A project shall be consistent with the
metropolitan long-range transportation plan for the
area.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or the identified
phase of a project, only if full funding can reasonably
be anticipated to be available for the project or the
identified phase within the time period contemplated
for completion of the project or the identified phase.
``(E) TIP modifications by governor.--
``(i) In general.--Notwithstanding any other
provisions of this section or section 5204, if
a State and an MPO fail to agree on programming
a project of statewide significance on the
Interstate System (as defined in section 101(a)
of title 23) into a metropolitan TIP, the
Governor may modify the metropolitan TIP to add
the project without approval or endorsement by
the MPO.
``(ii) Conforming amendments to metropolitan
long-range transportation plan.--If the
Governor modifies a metropolitan TIP under
clause (i), the MPO shall amend its
metropolitan long-range transportation plan to
be consistent with the modified metropolitan
TIP.
``(4) Notice and comment.--Before approving a metropolitan
TIP, an MPO, in cooperation with the State and any affected
public transportation operator, shall provide an opportunity
for participation by interested parties in the development of
the program, in accordance with subsection (g)(5).
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the metropolitan
TIP development required under paragraph (1), the
selection of federally funded projects in metropolitan
areas shall be carried out from the approved
metropolitan TIP--
``(i) by--
``(I) in the case of projects under
title 23, the State; and
``(II) in the case of projects under
chapter 53, the designated recipients
of public transportation funding; and
``(ii) in cooperation with the MPO.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved metropolitan TIP in
place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or MPO shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(B)(iv).
``(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or MPO to
select any project from the illustrative list of
additional projects included in the financial plan
under paragraph (2)(B)(iv) for inclusion in an approved
metropolitan TIP.
``(7) Publication.--
``(A) Publication of tips.--A metropolitan TIP
involving Federal participation shall be published or
otherwise made readily available, including on the
Internet, by the MPO for public review.
``(B) Publication of annual listings of projects.--An
annual listing of projects (including investments in
pedestrian walkways, bicycle transportation facilities,
and intermodal facilities that support intercity
transportation) for which Federal funds have been
obligated in the preceding year shall be published or
otherwise made available, including on the Internet, by
the cooperative effort of the State, public
transportation operator, and MPO for public review. The
listing shall be consistent with the categories
identified in the metropolitan TIP.
``(i) Transportation Management Areas.--
``(1) Identification and designation.--
``(A) Required identification.--The Secretary shall
identify as a transportation management area each
urbanized area (as defined by the Bureau of the Census)
with a population of over 200,000 individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation
management area on the request of the Governor and the
MPO designated for the area.
``(2) Long-range transportation plans.--In a transportation
management area, metropolitan long-range transportation plans
shall be based on a continuing and comprehensive transportation
planning process carried out by the MPO in cooperation with the
State and public transportation operators.
``(3) Congestion management process.--Within a metropolitan
planning area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that provides
for effective management and operation, based on a
cooperatively developed and implemented metropolitan-wide
strategy, of new and existing transportation facilities
eligible for funding under title 23 and chapter 53 of this
title through the use of travel demand reduction, intelligent
transportation systems, and operational management strategies.
The Secretary shall establish an appropriate phase-in schedule
for compliance with the requirements of this section but not
sooner than 1 year after the identification of a transportation
management area.
``(4) Selection of projects.--
``(A) In general.--All federally funded projects
carried out within the boundaries of a metropolitan
planning area serving a transportation management area
under title 23 (excluding projects carried out on the
National Highway System under such title) or under
chapter 53 of this title shall be selected for
implementation from the approved metropolitan TIP by
the MPO designated for the area in consultation with
the State and any affected public transportation
operator.
``(B) National highway system projects.--Projects
carried out within the boundaries of a metropolitan
planning area serving a transportation management area
on the National Highway System under title 23 shall be
selected for implementation from the approved
metropolitan TIP by the State in cooperation with the
MPO designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning
process of an MPO serving a transportation
management area is being carried out in
accordance with applicable provisions of
Federal law; and
``(ii) subject to subparagraph (B), certify,
not less often than once every 4 years, that
the requirements of this paragraph are met with
respect to the metropolitan planning process.
``(B) Requirements for certification.--The Secretary
may make the certification under subparagraph (A) if--
``(i) the transportation planning process
complies with the requirements of this section
and other applicable requirements of Federal
law; and
``(ii) there is a metropolitan TIP for the
metropolitan planning area that has been
approved by the MPO and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of project funds.--If the
metropolitan planning process of an MPO serving
a transportation management area is not
certified, the Secretary may withhold up to 20
percent of the funds attributable to the
metropolitan planning area of the MPO for
projects funded under title 23 and chapter 53
of this title.
``(ii) Restoration of withheld funds.--The
withheld funds shall be restored to the
metropolitan planning area at such time as the
metropolitan planning process is certified by
the Secretary.
``(D) Review of certification.--In making
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the metropolitan area under review.
``(j) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of a
metropolitan area not designated as a transportation management
area under this section, the Secretary may provide for the
development of an abbreviated metropolitan long-range
transportation plan and TIP for the metropolitan planning area
that the Secretary determines is appropriate to achieve the
purposes of this section, taking into account the complexity of
transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or TIPs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act.
``(k) Additional Requirements for Certain Nonattainment Areas.--
``(1) In general.--Notwithstanding any other provision of
title 23, this chapter, or chapter 53 of this title, for
transportation management areas classified as nonattainment for
ozone or carbon monoxide pursuant to the Clean Air Act, Federal
funds may not be advanced in such area for any highway project
that will result in a significant increase in the carrying
capacity for single-occupant vehicles unless the project is
addressed through a congestion management process.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).
``(l) Limitation on Statutory Construction.--Nothing in this section
may be construed to confer on an MPO the authority to impose legal
requirements on any transportation facility, provider, or project not
eligible under title 23 or chapter 53 of this title.
``(m) Funding.--Funds set aside under section 104(f) of title 23 or
section 5305(g) of this title shall be available to carry out this
section.
``(n) Continuation of Current Review Practice.--Since metropolitan
long-range transportation plans and TIPs are subject to a reasonable
opportunity for public comment, since individual projects included in
such plans and TIPs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning such plans and TIPs have not been
reviewed under that Act as of January 1, 1997, any decision by the
Secretary concerning such plans and TIPs shall not be considered to be
a Federal action subject to review under that Act.
``Sec. 5204. Statewide transportation planning
``(a) General Requirements.--
``(1) Development of plans and programs.--To accomplish the
objectives stated in section 5201, a State shall develop a
statewide strategic long-range transportation plan and a
statewide transportation improvement program for all areas of
the State, subject to section 5203.
``(2) Contents.--Statewide strategic long-range
transportation plans and TIPs shall provide for the development
and integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways, bicycle transportation facilities, and intermodal
facilities that support intercity transportation, including
intercity buses and intercity bus facilities) that will
function as an intermodal transportation system for the State
and an integral part of an intermodal transportation system for
the United States.
``(3) Process of development.--The process for developing
statewide strategic long-range transportation plans and TIPs
shall provide for consideration of all modes of transportation
and the policies stated in section 5201, and shall be
continuing, cooperative, and comprehensive to the degree
appropriate, based on the complexity of the transportation
problems to be addressed.
``(b) Coordination With Metropolitan Planning; State Implementation
Plan.--A State shall--
``(1) coordinate planning carried out under this section with
the transportation planning activities carried out under
section 5203 for metropolitan areas of the State and with
statewide trade and economic development planning activities
and related multistate planning efforts; and
``(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
``(c) Interstate Agreements.--
``(1) In general.--The consent of Congress is granted to 2 or
more States entering into agreements or compacts, not in
conflict with any law of the United States, for cooperative
efforts and mutual assistance in support of activities
authorized under this section related to interstate areas and
localities in the States and establishing authorities the
States consider desirable for making the agreements and
compacts effective.
``(2) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection
is expressly reserved.
``(d) Scope of Planning Process.--
``(1) In general.--A State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will--
``(A) support the economic vitality of the United
States, the States, nonmetropolitan areas, and
metropolitan areas, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety of the transportation
system for motorized and nonmotorized users;
``(C) increase the security of the transportation
system for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
people and freight;
``(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes
throughout the State, for people and freight;
``(G) promote efficient system management and
operation, including through the use of intelligent
transportation systems; and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under title 23, chapter 53 of this title,
subchapter II of chapter 5 of title 5, or chapter 7 of title 5
in any matter affecting a statewide strategic long-range
transportation plan or TIP, a project or strategy, or the
certification of a planning process.
``(e) Additional Requirements.--In carrying out planning under this
section, a State shall, at a minimum--
``(1) with respect to nonmetropolitan areas, cooperate with
affected nonmetropolitan local officials or, if applicable,
through regional transportation planning organizations
described in subsection (k);
``(2) consider the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction over
land within the boundaries of the State; and
``(3) coordinate statewide long-range transportation plans
and TIPs and planning activities with related planning
activities being carried out outside of metropolitan planning
areas and between States.
``(f) Statewide Strategic Long-Range Transportation Plan.--
``(1) Development.--
``(A) In general.--A State shall develop a statewide
strategic long-range transportation plan, with a
minimum 20-year forecast period for all areas of the
State, that provides for the development and
implementation of the intermodal interconnected
transportation system of the State.
``(B) Statewide strategic long-range transportation
plan requirements.--
``(i) National transportation statistics.--In
developing a statewide strategic long-range
transportation plan, the State shall consider
the data and factors disseminated by the
Secretary pursuant to section 5205(b) for that
particular State.
``(ii) Transportation projects that are of
statewide, regional, and national importance.--
The State shall identify transportation
projects across all modes of transportation in
the State that have statewide, regional, and
national significance. In identifying these
projects, the State shall consider the factors
described in section 5205(b).
``(iii) States with congested airports.--If a
State has an airport in its jurisdiction that
had at least 1 percent of all delayed aircraft
operations in the United States, as identified
by the Federal Aviation Administration's
Airport Capacity Benchmark Report, the
statewide strategic long-range transportation
plan shall include measures to alleviate
congestion at that airport either through
expansion or the development of additional
facilities.
``(iv) States with congested freight rail
corridors.--If data from the Department of
Transportation and the freight railroad
industry project that a State has freight
railroad corridors that operate at levels of
service that are at or exceed capacity, the
statewide strategic long-range transportation
plan shall include measures by which the State
department of transportation and the freight
railroads provide relief for the congested
corridors.
``(v) States with deep draft ports.--If a
State has a deep draft port, the statewide
strategic long-range transportation plan shall
take into account any plan for expansion at
that port and any projected increase in
shipping traffic at that port.
``(vi) States with navigable inland
waterways.--A State that has navigable inland
waterways shall include in its statewide
strategic long-range transportation plan any
plans to use those waterways to facilitate the
efficient and reliable transportation of
freight and people.
``(vii) Project interconnectivity.--In
developing a statewide strategic long-range
transportation plan, the State shall ensure
interconnectivity for freight and passengers
between different facilities and between
different modes of transportation.
``(viii) Cost estimates for projects that are
of statewide, regional, and national
importance.--In developing the statewide
strategic long-range transportation plan, the
State shall include estimates of the costs of
each of the projects identified in clause (ii).
``(2) Consultation with governments.--
``(A) Metropolitan areas.--The statewide strategic
long-range transportation plan shall be developed for
each metropolitan area in the State in cooperation with
the metropolitan planning organization designated for
the metropolitan area under section 5203.
``(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide strategic long-
range transportation plan shall be developed in
cooperation with affected nonmetropolitan local
officials or, if applicable, through regional
transportation planning organizations described in
subsection (k).
``(C) Indian tribal areas.--With respect to an area
of the State under the jurisdiction of an Indian tribal
government, the statewide strategic long-range
transportation plan shall be developed in consultation
with the tribal government and the Secretary of the
Interior.
``(D) Consultation; comparisons.--
``(i) Consultation.--A statewide strategic
long-range transportation plan shall be
developed, as appropriate, in consultation with
State, tribal, regional, and local agencies
responsible for land use management, natural
resources, environmental protection,
conservation, and historic preservation.
``(ii) Comparisons.--Consultation under
clause (i) shall involve, as appropriate,
comparison of statewide strategic long-range
transportation plans--
``(I) to State and tribal
conservation plans and maps, if
available; and
``(II) to inventories of natural and
historic resources, if available.
``(3) Participation by interested parties.--
``(A) In general.--The State shall provide citizens,
affected public agencies, representatives of public
transportation employees, freight shippers, providers
of freight transportation services, private providers
of transportation, including intercity bus services,
representatives of users of public transportation,
representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of
the disabled, and other interested parties with a
reasonable opportunity to comment on the statewide
strategic long-range transportation plan.
``(B) Methods.--In carrying out subparagraph (A), the
State shall, to the maximum extent practicable--
``(i) hold any public meetings at convenient
and accessible locations and times;
``(ii) employ visualization techniques to
describe plans; and
``(iii) make public information available in
electronically accessible format and means,
such as the Internet, as appropriate to afford
a reasonable opportunity for consideration of
public information under subparagraph (A).
``(4) Mitigation activities.--
``(A) In general.--A statewide strategic long-range
transportation plan shall include a discussion of
potential environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to restore and maintain the environmental
functions affected by the plan.
``(B) Consultation.--The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory
agencies.
``(5) Financial plan.--The statewide strategic long-range
transportation plan may include a financial plan that--
``(A) demonstrates how the adopted statewide
strategic long-range transportation plan can be
implemented;
``(B) indicates resources from public and private
sources that are reasonably expected to be made
available to carry out the statewide strategic long-
range transportation plan;
``(C) recommends any additional financing strategies
for needed projects and programs; and
``(D) may include, for illustrative purposes,
additional projects that would be included in the
adopted statewide strategic long-range transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
``(6) Selection of projects from illustrative list.--A State
shall not be required to select any project from the
illustrative list of additional projects included in the
financial plan described in paragraph (5).
``(7) Existing system.--A statewide strategic long-range
transportation plan should include capital, operations, and
management strategies, investments, procedures, and other
measures to ensure the preservation and most efficient use of
the existing transportation system.
``(8) Intercity bus.--A statewide strategic long-range
transportation plan shall consider the role intercity buses may
play in reducing congestion, pollution, and energy consumption
in a cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated.
``(9) Publication of statewide strategic long-range
transportation plans.--A statewide strategic long-range
transportation plan prepared by a State shall be published or
otherwise made available, including to the maximum extent
practicable in electronically accessible formats and means,
such as the Internet.
``(g) Statewide TIP.--
``(1) Development.--A State shall develop a statewide TIP for
all areas of the State. Such program shall cover a period of 4
years and be updated every 4 years or more frequently if the
Governor elects to update more frequently.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to a
metropolitan area in the State, the program shall be
developed in cooperation with the MPO designated for
the metropolitan area under section 5203.
``(B) Nonmetropolitan areas.--With respect to a
nonmetropolitan area in the State, the program shall be
developed in cooperation with affected nonmetropolitan
local officials or, if applicable, through regional
transportation planning organizations described in
subsection (k).
``(C) Indian tribal areas.--With respect to an area
of the State under the jurisdiction of an Indian tribal
government, the program shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
``(3) Participation by interested parties.--In developing the
program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation,
providers of freight transportation services, representatives
of users of public transportation, representatives of users of
pedestrian walkways and bicycle transportation facilities,
representatives of the disabled, and other interested parties
with a reasonable opportunity to comment on the proposed
program.
``(4) Included projects.--
``(A) In general.--A statewide TIP developed for a
State shall include federally supported surface
transportation expenditures within the boundaries of
the State.
``(B) Listing of projects.--An annual listing of
projects for which funds have been obligated in the
preceding year in each metropolitan planning area shall
be published or otherwise made available by the
cooperative effort of the State, public transportation
operator, and the MPO for public review. The listing
shall be consistent with the funding categories
identified in each metropolitan TIP.
``(C) Projects under chapter 2 of title 23.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 of title 23 shall be
identified individually in the statewide TIP.
``(ii) Other projects.--Projects proposed for
funding under such chapter that are not
determined to be regionally significant shall
be grouped in one line item or identified
individually in the statewide TIP.
``(D) Consistency with statewide strategic long-range
transportation plan.--A project shall be--
``(i) consistent with the statewide strategic
long-range transportation plan developed under
this section for the State;
``(ii) identical to the project or phase of
the project as described in an approved
metropolitan long-range transportation plan;
``(iii) identical to the project or phase of
the project as described in a metropolitan TIP
approved by the Governor; and
``(iv) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act, if the project is
carried out in an area designated as
nonattainment for ozone, particulate matter, or
carbon monoxide under that Act.
``(E) Requirement of anticipated full funding.--The
statewide TIP shall include a project, or the
identified phase of a project, only if full funding can
reasonably be anticipated to be available for the
project or the identified phase within the time period
contemplated for completion of the project or the
identified phase.
``(F) Financial plan.--The statewide TIP may include
a financial plan that--
``(i) demonstrates how the approved statewide
TIP can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to
be made available to carry out the statewide
TIP;
``(iii) recommends any additional financing
strategies for needed projects and programs;
and
``(iv) may include, for illustrative
purposes, additional projects that would be
included in the adopted statewide TIP if
reasonable additional resources beyond those
identified in the financial plan were
available.
``(G) Selection of projects from illustrative list.--
``(i) No required selection.--Notwithstanding
subparagraph (F), a State shall not be required
to select any project from the illustrative
list of additional projects included in the
financial plan under subparagraph (F).
``(ii) Required action by the secretary.--An
action by the Secretary shall be required for a
State to select any project from the
illustrative list of additional projects
included in the financial plan under
subparagraph (F) for inclusion in an approved
statewide TIP.
``(H) Priorities.--The statewide TIP shall reflect
the priorities for programming and expenditures of
funds required by title 23, this chapter, and chapter
53 of this title.
``(5) Project selection for areas without mpos.--
``(A) In general.--Except as provided by subparagraph
(B), projects carried out in areas without a designated
MPO shall be selected from the approved statewide TIP
by the State in cooperation with affected
nonmetropolitan local officials or, if applicable,
through regional transportation planning organizations
described in subsection (k).
``(B) NHS projects.--Projects carried out on the
National Highway System under title 23 or under
sections 5311 and 5317 of this title in areas without a
designated MPO shall be selected from the approved
statewide TIP by the State in consultation with
affected nonmetropolitan local officials.
``(6) TIP approval.--Every 4 years, a statewide TIP shall be
reviewed and approved by the Secretary if based on a current
planning finding.
``(7) Planning finding.--A finding shall be made by the
Secretary at least once every 4 years that the transportation
planning process through which statewide strategic long-range
transportation plans and TIPs are developed is consistent with
this section and section 5203.
``(8) Modifications to project priority.--Notwithstanding any
other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
statewide TIP in place of another project in the program.
``(h) Funding.--Funds set aside pursuant to sections 104(f) and 505
of title 23 and section 5305(g) of this title shall be available to
carry out this section.
``(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5203, State laws,
rules, or regulations pertaining to congestion management systems or
programs may constitute the congestion management process under this
section and section 5203 if the Secretary finds that the State laws,
rules, or regulations are consistent with, and fulfill the intent of,
the purposes of this section and section 5203, as appropriate.
``(j) Continuation of Current Review Practice.--Since statewide
strategic long-range transportation plans and TIPs are subject to a
reasonable opportunity for public comment, individual projects included
in such plans and TIPs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
decisions by the Secretary concerning such plans and TIPs have not been
reviewed under that Act as of January 1, 1997, any decision by the
Secretary concerning such plans and TIPS shall not be considered to be
a Federal action subject to review under that Act.
``(k) Designation of Regional Transportation Planning
Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to
enhance the planning, coordination, and implementation of
statewide strategic long-range transportation plans and TIPs,
with an emphasis on addressing the needs of nonmetropolitan
areas of the State.
``(2) Structure.--A regional transportation planning
organization shall be established as a multi-jurisdictional
organization of volunteers from nonmetropolitan local officials
or their designees and representatives of local transportation
systems.
``(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
``(A) a policy committee, the majority of which shall
consist of nonmetropolitan local officials, or their
designees, and which shall also include, as
appropriate, additional representatives from the State,
private business, transportation service providers,
economic development practitioners, and the public in
the region; and
``(B) a fiscal and administrative agent, such as an
existing regional planning and development
organization, to provide professional planning,
management, and administrative support.
``(4) Duties.--The duties of a regional transportation
planning organization shall include--
``(A) developing and maintaining, in cooperation with
the State, regional long-range multimodal
transportation plans;
``(B) developing a regional transportation
improvement program for consideration by the State;
``(C) fostering the coordination of local planning,
land use, and economic development plans with State,
regional, and local transportation plans and programs;
``(D) providing technical assistance to local
officials;
``(E) participating in national, multistate, and
State policy and planning development processes to
ensure the regional and local input of nonmetropolitan
areas;
``(F) providing a forum for public participation in
the statewide and regional transportation planning
processes;
``(G) considering and sharing plans and programs with
neighboring regional transportation planning
organizations, MPOs, and, where appropriate, tribal
organizations; and
``(H) conducting other duties, as necessary, to
support and enhance the statewide planning process
under subsection (d).
``(5) States without regional transportation planning
organizations.--If a State chooses not to establish or
designate a regional transportation planning organization, the
State shall consult with affected nonmetropolitan local
officials to determine projects that may be of regional
significance.
``Sec. 5205. National strategic transportation plan
``(a) Development of National Strategic Transportation Plan.--
``(1) Development of plan.--
``(A) In general.--The Secretary, in consultation
with State departments of transportation, shall develop
a national strategic transportation plan (in this
section referred to as the `national plan') in
accordance with the requirements of this section.
``(B) Solicitation.--Not later than 30 days after the
date of enactment of this section, the Secretary shall
publish in the Federal Register a solicitation
requesting each State department of transportation to
submit to the Secretary, not later than 90 days after
such date of enactment, a list of projects that the
State recommends for inclusion in the national plan.
``(C) State selection of projects.--In selecting
projects under subparagraph (B), a State department of
transportation shall consider the elements of the
national plan described in paragraph (2).
``(D) Failure to submit recommendations.--If a State
does not submit a list of recommended projects in
accordance with this paragraph, the Secretary shall
select projects in the State that will be considered
for inclusion in the national plan.
``(E) Selection of projects.--Not later than 60 days
after the date on which the Secretary receives a list
of recommended projects from a State department of
transportation under this paragraph, the Secretary
shall review the list and select projects from the list
for inclusion in the national plan.
``(F) Basis for selection.--In selecting projects for
inclusion in the national plan, the Secretary shall
consider, at a minimum--
``(i) the projects recommended by State
departments of transportation under this
paragraph;
``(ii) the ability of projects to improve
mobility by increasing transportation options
for passengers and freight;
``(iii) the degree to which projects create
intermodal links between different modes of
transportation, including passenger and freight
rail, public transportation, intercity bus,
airports, seaports, and navigable inland
waterways; and
``(iv) the ability of projects to generate
national economic benefits, including--
``(I) improvements to economic
productivity through congestion relief;
and
``(II) improvements to passenger and
freight movement.
``(2) Elements of national plan.--
``(A) Role of statewide strategic long-range
transportation plans.--The national plan shall be
modeled after the statewide strategic long-range
transportation plans developed under section 5204(f).
``(B) National and regional transportation
projects.--Giving emphasis to the facilities that serve
important national and regional transportation
functions, the national plan shall include an
identification of transportation projects (including
major roadways, public transportation facilities,
intercity bus facilities, multimodal and intermodal
facilities, and intermodal connectors) that facilitate
the development of--
``(i) a national transportation system; and
``(ii) an integrated regional transportation
system.
``(C) Interconnectivity between states and regions.--
The national plan shall ensure a level of
interconnectivity among transportation facilities and
strategies at State and regional borders.
``(D) Identification of potential high-speed
intercity rail corridors and shipping routes.--In
developing the national plan, the Secretary, in
consultation with State departments of transportation,
shall identify potential high-speed passenger rail
projects and potential short seas shipping routes.
``(E) Intercity bus network.--The national plan shall
identify projects to preserve and expand the Nation's
intercity bus network and provide interconnectivity to
other forms of intercity and local transportation.
``(F) Aerotropolis transportation systems.--The
national plan shall identify aerotropolis
transportation systems that will enhance economic
competitiveness and exports in the United States by
providing efficient, cost-effective, sustainable, and
intermodal connectivity to a defined region of economic
significance for freight and passenger transportation.
``(G) Cost estimates for projects.--In developing the
national plan, the Secretary shall include estimates of
the costs of each of the projects and strategies
identified in the national plan and a total cost of all
of the projects and strategies identified in the
national plan.
``(3) Issuance and updating of national plan.--
``(A) Issuance.--Not later than April 30, 2014, the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on Commerce, Science,
and Transportation of the Senate the national plan
developed under this section.
``(B) Updates.--At least once every 2 years after the
date of submission of the national plan under
subparagraph (A), the Secretary--
``(i) in consultation with State departments
of transportation, shall update the national
plan; and
``(ii) shall submit the updated national plan
to the committees referred to in subparagraph
(A).
``(b) Dissemination of Transportation Data and Statistics for
Development of Strategic Long-Range Transportation Plans.--
``(1) In general.--The Secretary shall develop, and
disseminate to the States, relevant long-range transportation
data and statistics that a State or the Secretary, as the case
may be, shall use in the development of statewide, regional,
and national strategic long-range transportation plans.
``(2) Types of transportation data and statistics to be
developed.--The data and statistics referred to in paragraph
(1) shall include, at a minimum, 20-year projections--
``(A) of population growth in each State;
``(B) from the Department of Transportation's Freight
Analysis Framework (referred to in this paragraph as
`FAF'), including projections for annual average daily
truck flow on specific highway routes;
``(C) from the Department of Transportation's Highway
Performance Monitoring System (referred to in this
paragraph as `HPMS') of estimated peak period
congestion on major highway routes or segments of
routes and in metropolitan areas;
``(D) from HPMS and FAF of estimated traffic volumes
on segments of highway that are projected to be
classified as moderately or highly congested;
``(E) from HPMS and FAF for highway bottlenecks;
``(F) of public transportation use in urbanized
areas, including for each urbanized area a comparison
of estimated ridership growth and estimated public
transportation revenue vehicle miles to available
system capacity and current service levels;
``(G) of aviation passenger enplanements and cargo
ton miles flown;
``(H) of increases in unmanned aerial system and
general aviation active aircraft and hours flown;
``(I) of capacity-constrained airports and congested
air traffic routes;
``(J) of passenger demand for suborbital space
tourism;
``(K) of demand on major freight rail lines;
``(L) of shipping traffic at United States ports; and
``(M) of intercity bus and passenger rail ridership
demand.
``Sec. 5206. National performance management system
``(a) Establishment of National Performance Management System.--
``(1) Establishment.--The Secretary shall establish a
national performance management system to track the Nation's
progress toward broad national performance goals for the
Nation's highway and public transportation systems.
``(2) Components.--The National Performance Management System
shall include the following components:
``(A) A national performance management goal.
``(B) Core performance measures.
``(C) Technical guidance.
``(D) A State performance management process,
including--
``(i) performance targets;
``(ii) strategies; and
``(iii) reporting requirements.
``(b) National Performance Management Goal.--
``(1) Establishment.--The Secretary shall establish, in broad
qualitative terms, a national performance management goal for
the Nation's highway and public transportation systems to
ensure economic growth, safety improvement, and increased
mobility.
``(2) Consistency with national strategic transportation
plan.--The national strategic transportation plan, to the
greatest extent practicable, shall be consistent with the
national performance management goal.
``(c) Core Performance Measures.--
``(1) Establishment.--Not later than 2 years after the date
of enactment of this section, the Secretary, in collaboration
with the States, metropolitan planning organizations, and
public transportation agencies through the process described in
paragraph (4) shall establish core performance measures.
``(2) Implementation.--A State shall be required to implement
the core performance measures as part of the State's
performance management process established in subsection (e).
``(3) Categories.--The core performance measures shall
include not more than 2 measures from each of the following
categories:
``(A) Pavement condition on the National Highway
System.
``(B) Bridge condition on the National Highway
System.
``(C) Highway and motor carrier safety.
``(D) Highway safety infrastructure asset management.
``(E) Bike and pedestrian safety.
``(F) Highway congestion.
``(G) Air emissions and energy consumption.
``(H) Freight mobility.
``(I) Public transportation state of good repair.
``(J) Public transportation service availability.
``(K) Rural connectivity.
``(4) Process.--The core performance measures shall be
established under the following process:
``(A) At any time after the date of enactment of this
section, the State departments of transportation (in
consultation with metropolitan planning organizations
and public transportation agencies), acting through
their national organization, may jointly submit to the
Secretary a complete set of recommended core
performance measures for use in statewide
transportation planning.
``(B) The Secretary shall give substantial weight to
the recommendations submitted by the State departments
of transportation, if such recommendations are
submitted not later than 18 months after enactment of
this section.
``(C) After consultation with the State departments
of transportation regarding the recommendations, the
Secretary shall issue a notice in the Federal Register
announcing the Secretary's proposed set of core
performance measures and providing an opportunity for
comment.
``(D) After considering any comments, the Secretary
shall publish a notice in the Federal Register not
later than 2 years after the date of enactment of this
section announcing the final set of core performance
measures.
``(d) Technical Guidance.--
``(1) In general.--Not later than 6 months after the
Secretary publishes the final set of core performance measures
in the Federal Register under subsection (c)(4)(D), the
Secretary shall issue technical guidance, including a uniform
methodology for collecting data, for use by the States in
applying the core performance measures.
``(2) Development.--The Secretary shall--
``(A) develop the technical guidance in collaboration
with the State departments of transportation;
``(B) give substantial weight to any recommendations
submitted by the State departments of transportation
through their national organization, if such
recommendations are submitted not later than 3 months
after the Secretary publishes the final set of core
performance measures in the Federal Register under
subsection (c)(4)(D); and
``(C) provide a reasonable opportunity for State
departments of transportation to comment on the
technical guidance before it is issued.
``(e) State Performance Management Process.--
``(1) Establishment of performance targets.--
``(A) Initial targets.--Not later than 1 year after
the Secretary publishes the final set of core
performance measures in the Federal Register under
subsection (c)(4)(D), a State shall amend its statewide
strategic long-range transportation plan to include a
target level of performance for each of the core
performance measures.
``(B) Revisions to targets.--A State may revise its
performance targets for the core performance measures
at any time by amending its statewide strategic long-
range transportation plan and resubmitting the plan to
the Secretary.
``(2) Reporting requirements.--
``(A) In general.--In order to improve the outcomes
of the transportation planning process, the States
shall implement a national performance reporting
process in accordance with subparagraphs (B) and (C).
``(B) Baseline report.--Not later than 6 months after
adopting its initial performance targets for the core
performance measures pursuant to paragraph (1)(A), a
State shall publish a baseline report including data
from the most recent year for which data is available
for the full set of core performance measures.
``(C) Annual progress reports.--Not later than 18
months after publication of the baseline report, and
annually thereafter, a State shall publish a report
documenting the progress that the State has made in
meeting its performance targets for the core
performance measures.''.
(b) Conforming Amendments.--
(1) Subtitle analysis.--The analysis for subtitle III of
title 49, United States Code, is amended by inserting after the
item relating to chapter 51 the following:
``52. Transportation Planning............................... 5201''.
(2) Metropolitan transportation planning.--
(A) Title 23.--Section 134 of title 23, United States
Code, is amended to read as follows:
``Sec. 134. Metropolitan transportation planning
``Metropolitan transportation planning programs funded under section
104(f) shall be carried out in accordance with the metropolitan
planning provisions of section 5203 of title 49.''.
(B) Chapter 53 of title 49.--Section 5303 of title
49, United States Code, is amended to read as follows:
``Sec. 5303. Metropolitan transportation planning
``Metropolitan transportation planning programs funded under section
5305 shall be carried out in accordance with the metropolitan planning
provisions of section 5203.''.
(3) Statewide transportation planning.--
(A) Title 23.--Section 135 of title 23, United States
Code, is amended to read as follows:
``Sec. 135. Statewide transportation planning
``Statewide transportation planning programs funded under sections
104(f) and 505 shall be carried out in accordance with the metropolitan
planning provisions of section 5204 of title 49.''.
(B) Chapter 53 of title 49.--Section 5304 of title
49, United States Code, is amended to read as follows:
``Sec. 5304. Statewide transportation planning
``Statewide transportation planning programs funded under section
5305 shall be carried out in accordance with the metropolitan planning
provisions of section 5204.''.
SEC. 4002. SPECIAL RULES FOR SMALL METROPOLITAN PLANNING ORGANIZATIONS.
(a) Continuation of Applicability of Section 134.--A metropolitan
planning organization that serves an urbanized area with a population
of more than 50,000 and less than 100,000 and that is subject to the
provisions of section 134 of title 23, United States Code, and section
5303 of title 49, United States Code (as in effect on the day before
the date of enactment of this Act), shall continue to be designated as
a metropolitan planning organization subject to section 5203 of title
49, United States Code (as added by this title), unless the Governor
and units of general purpose local government that together represent
at least 75 percent of the affected population, including the largest
incorporated city (based on population) as determined by the Bureau of
the Census, agree to terminate the designation.
(b) Treatment.--A metropolitan planning organization described in
paragraph (1) shall be treated, for purposes of title 23, United States
Code, and chapters 52 and 53 of title 49, United States Code, the
Transportation Equity Act for the 21st Century (Public Law 105-178),
and SAFETEA-LU (Public Law 109-59) as a metropolitan planning
organization that is subject to the provisions of section 5203 of title
49, United States Code (as added by this title).
SEC. 4003. FINANCIAL PLANS.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue revised regulations under sections 5203 and 5204
of title 49, United States Code (as added by this title), to clarify
that--
(1) a financial plan for a long-range transportation plan or
transportation improvement program is required to be updated
not more than once every 4 years;
(2) an amendment to a long-range transportation plan or
transportation improvement program does not require a review of
the entire financial plan, but rather requires only a plan for
covering any incremental costs associated with the amendment;
(3) project costs and revenue estimates used in developing a
financial plan for a long-range plan should be based on long-
term trends, and need not be adjusted to reflect short-term
fluctuations;
(4) the Department shall defer to the judgment of State and
local governments regarding the magnitude of potential State
and local revenue streams, including the likelihood that State
or local governments will approve tax increases, tolling,
bonding, or other measures to increase revenues; and
(5) the requirement for a financial plan does not give the
Secretary the authority or responsibility to determine the
adequacy of a State or metropolitan area's funding levels for
operation and maintenance of the transportation system.
SEC. 4004. PLAN UPDATE.
Not later than September 30, 2012, a State shall update its statewide
strategic long-range transportation plan to comply with the
requirements of section 5205 of title 49, United States Code.
SEC. 4005. STATE PLANNING AND RESEARCH FUNDING FOR TITLE 23.
Section 505 of title 23, United States Code, is amended--
(1) in subsection (a)(5) by inserting ``intercity bus,''
after ``public transportation,''; and
(2) in subsection (b)(1) by inserting ``intercity bus,''
after ``public transportation,''.
SEC. 4006. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Study.--The Secretary shall enter into appropriate arrangements
with the National Academy of Sciences to conduct a study on the
implementation of section 5206 of title 49, United States Code (as
added by this title).
(b) Contents.--The study shall--
(1) report on the timeliness of implementation, the quality
and consistency of performance measurement practices, the costs
of compliance, and impact on the transportation planning
process;
(2) include recommendations for changes to improve
implementation; and
(3) include recommendations for future additions or changes
to the performance categories as described in this section.
(c) Consultation.--The National Academy of Sciences shall conduct the
study required under this section in consultation with the Federal
Highway Administration, Federal Transit Administration, American
Association of State Highway and Transportation Officials, American
Public Transit Association, and Association of Metropolitan Planning
Organizations.
(d) Completion in Phases.--
(1) In general.--The National Academy of Sciences shall
complete the study in 2 phases, corresponding to the major
stages of implementation of section 5206 of title 49, United
States Code.
(2) Phase i.--Phase 1 of the study shall--
(A) address implementation of performance measures;
and
(B) be completed not later than 3 years after the
date of enactment of this Act.
(3) Phase ii.--Phase 2 of the study shall--
(A) address implementation of performance targets, as
well as performance measures; and
(B) be completed not later than 5 years after the
date of enactment of this Act.
SEC. 4007. CONGESTION RELIEF.
The Secretary shall--
(1) encourage States and metropolitan planning organizations
to prioritize congestion relief projects in transportation
improvement programs in order to improve the flow of commerce
and the productivity of the Federal-aid system; and
(2) provide technical assistance and educational materials to
States to quantify the economic, environmental, and quality-of-
life damage caused by traffic congestion as well as identify
multiple options for solutions, including new roads and lanes,
bottleneck removal, congestion reducing and, if applicable,
energy efficient intelligent transportation systems, and low-
cost congestion relief projects.
TITLE V--HIGHWAY SAFETY
SEC. 5001. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be appropriated
out of the Highway Trust Fund (other than the Alternative
Transportation Account):
(1) Highway safety programs.--For carrying out section 402 of
title 23, United States Code, $493,312,000 for each of fiscal
years 2013 through 2016.
(2) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code, $4,116,000 for each of fiscal years
2013 through 2016.
(3) Administrative expenses.--For administrative and related
operating expenses of the National Highway Traffic Safety
Administration in carrying out chapter 4 of title 23, United
States Code, and this title (including the amendments made by
this title) $162,572,000 for each of fiscal years 2013 through
2016.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and this title (including
the amendments made by this title), the amounts made available from the
Highway Trust Fund (other than the Alternative Transportation Account)
for a program under that chapter shall be used only to carry out such
program and may not be used by States or local governments for
construction purposes.
(c) Applicability of Chapter 1.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and this title (including
the amendments made by this title), the amounts made available under
subsection (a) for each of fiscal years 2013 through 2016 shall be
available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
SEC. 5003. HIGHWAY SAFETY PROGRAMS.
(a) In General.--Section 402(a) is amended to read as follows:
``(a) State Highway Safety Programs.--
``(1) In general.--Each State shall have a highway safety
program that is subject to approval by the Secretary and is
designed to reduce traffic crashes and the fatalities,
injuries, and property damage resulting therefrom.
``(2) Uniform guidelines.--A State's highway safety program
under paragraph (1) shall be established and carried out in
accordance with uniform guidelines promulgated by the
Secretary, which shall be expressed in terms of performance
criteria and shall include programs--
``(A) to reduce injuries and fatalities resulting
from motor vehicles being driven in excess of posted
speed limits;
``(B) to encourage the proper use of occupant
protection devices (including the use of seat belts and
child restraints) by occupants of motor vehicles;
``(C) to reduce fatalities and injuries resulting
from persons driving motor vehicles while impaired by
alcohol or a controlled substance;
``(D) to prevent crashes and reduce fatalities and
injuries resulting from crashes involving motor
vehicles and motorcycles;
``(E) to reduce crashes resulting from unsafe driving
behavior (including aggressive or fatigued driving and
distracted driving arising from the use of electronic
devices in vehicles);
``(F) to improve law enforcement activities relating
to motor vehicle crash prevention, traffic supervision,
and postcrash procedures;
``(G) to improve the timeliness, accuracy,
completeness, uniformity, and accessibility of the
safety data of States that is needed--
``(i) for activities relating to performance
targets established under subsection (m);
``(ii) to identify priorities for national,
State, and local highway and traffic safety
programs; and
``(iii) to improve the compatibility and
interoperability of the data systems of each
State with national data systems and the data
systems of other States;
``(H) to improve driver performance, including
through driver education, driver testing to determine
proficiency to operate motor vehicles, driver
examinations (both physical and mental), and driver
licensing; and
``(I) to improve pedestrian and bicycle safety.
``(3) Record system.--The uniform guidelines promulgated
under paragraph (2) shall include provisions for an effective
record system of--
``(A) traffic crashes, including injuries and
fatalities resulting therefrom;
``(B) crash investigation activities carried out to
determine the probable causes of crashes, injuries, and
fatalities;
``(C) vehicle registration, operation, and inspection
activities;
``(D) highway design and maintenance activities,
including lighting, markings, and surface treatment
activities;
``(E) traffic surveillance activities relating to the
detection and correction of locations with a
significant potential for crashes; and
``(F) emergency services.
``(4) Applicability of guidelines.--The uniform guidelines
applicable to State highway safety programs shall, to the
extent determined appropriate by the Secretary, be applicable
to federally administered areas where a Federal department or
agency controls the highways or supervises traffic
operations.''.
(b) Administration of State Programs.--Section 402(b) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D) by striking ``and'' at the
end;
(B) in subparagraph (E)--
(i) in clause (i) by striking ``national law
enforcement mobilizations'' and inserting ``any
national traffic safety law enforcement
mobilizations coordinated by the Secretary'';
and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(F) demonstrate that the State has established a
highway safety data and traffic records coordinating
committee with a multidisciplinary membership that
includes, among others, managers, collectors, and users
of traffic records and public health and injury control
data systems;
``(G) demonstrate that the State has developed a
multiyear highway safety data and traffic records
system strategic plan that--
``(i) addresses existing deficiencies in the
State's highway safety data and traffic records
system;
``(ii) is approved by the State's highway
safety data and traffic records coordinating
committee;
``(iii) specifies how existing deficiencies
in the State's highway safety data and traffic
records system were identified;
``(iv) prioritizes, on the basis of the
identified highway safety data and traffic
records system deficiencies of the State, the
highway safety data and traffic records system
needs and goals of the State;
``(v) identifies performance-based measures
by which progress toward those goals will be
determined; and
``(vi) specifies how funds apportioned to the
State under subsection (c) and any other funds
of the State are to be used to address needs
and goals identified in the multiyear plan; and
``(H) demonstrate that an assessment or audit of the
State's highway safety data and traffic records system
was conducted or updated during the 5-year period
ending on the date on which such State highway safety
program is submitted to the Secretary for approval.'';
and
(2) by striking paragraph (3).
(c) Apportionment of Funds.--Section 402(c) is amended to read as
follows:
``(c) Apportionment of Funds.--
``(1) In general.--Funds made available to carry out this
section shall be used to aid States in conducting the highway
safety programs approved under subsection (a).
``(2) Apportionment formula.--Funds described in paragraph
(1) shall be apportioned among the States each fiscal year in
the following manner:
``(A) 62.5 percent in the ratio that the population
of each State bears to the total population of all
States, as shown by the latest available Federal
census.
``(B) 20 percent in the ratio that the public road
mileage in each State bears to the total public road
mileage in all States.
``(C) 10 percent only to States that have enacted and
are enforcing a primary safety belt use law, in the
ratio that the population of each such State bears to
the total population of all such States, as shown by
the latest available Federal census.
``(D) 5 percent only to States that have enacted and
are enforcing an ignition interlock law, in the ratio
that the population of each such State bears to the
total population of all such States, as shown by the
latest available Federal census.
``(E) 2.5 percent only to States that have enacted
and are enforcing a graduated drivers licensing law, in
the ratio that the population of each such State bears
to the total population of all such States, as shown by
the latest available Federal census.
``(3) Minimum apportionment.--The annual apportionment under
paragraph (2) to each State shall not be less than three-
quarters of 1 percent of the total apportionment under that
paragraph in the applicable fiscal year, except that the
apportionment to the Secretary of the Interior shall not be
less than 1.5 percent of the total apportionment and the
apportionments to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall not be
less than one-quarter of 1 percent of the total apportionment.
``(4) Implementation of approved highway safety programs.--
``(A) Requirement for receiving apportionments.--The
Secretary shall not apportion any funds under this
section to any State that is not implementing a highway
safety program approved by the Secretary under this
section.
``(B) Limitations on requirements relating to
motorcycle safety helmets.--A highway safety program
approved by the Secretary shall not include any
requirement that a State implement such program by
adopting or enforcing any law, rule, or regulation
based on a guideline promulgated by the Secretary under
this section that requires any motorcycle operator 18
years of age or older or passenger 18 years of age or
older to wear a safety helmet when operating or riding
a motorcycle on the streets and highways of that State.
``(C) Compliance with implementation requirements.--
Implementation of a highway safety program under this
section shall not be construed to require the Secretary
to require compliance with every uniform guideline
promulgated under this section, or with every element
of every uniform guideline, in every State.
``(D) Minimum requirements for impaired driving high
range states.--An impaired driving high range State
shall expend in a fiscal year, on projects and
activities addressing impaired driving, at least 30
percent of the funds apportioned to that State under
paragraph (2) for that fiscal year.
``(E) Automated traffic enforcement systems.--
``(i) Prohibition.--A State may not expend
funds apportioned to that State under paragraph
(2) to carry out any program to purchase,
operate, or maintain an automated traffic
enforcement system.
``(ii) Automated traffic enforcement system
defined.--In this subparagraph, the term
`automated traffic enforcement system' means
automated technology that monitors compliance
with traffic laws.''.
(d) Miscellaneous.--Section 402 is amended--
(1) in subsection (d) by striking ``(d) All provisions'' and
inserting ``(d) Applicability of Certain Provisions.--All
provisions'';
(2) in subsection (e) by striking ``(e) Uniform guidelines''
and inserting ``(e) Cooperation.--Uniform guidelines'';
(3) in subsection (f) by striking ``(f) The Secretary'' and
inserting ``(f) Department and Agency Participation.--The
Secretary'';
(4) in subsection (g)--
(A) by striking ``(g) Nothing in'' and inserting
``(g) Limitation on Funds.--Nothing in'';
(B) by striking ``for (1) highway construction'' and
inserting ``for highway construction''; and
(C) by striking ``guidelines) or'' and all that
follows before the period at the end and inserting
``guidelines) or for any purpose for which funds are
authorized under section 403(a)'';
(5) by striking subsection (k); and
(6) by redesignating subsections (l) and (m) as subsections
(k) and (l), respectively.
(e) Highway Safety Performance Management.--Section 402 (as amended
by this Act) is further amended by adding at the end the following:
``(m) Establishment of Performance Targets.--
``(1) In general.--The Governor of each State shall establish
quantifiable performance targets for their State--
``(A) to be incorporated into the highway safety plan
of the State under subsection (n) each year; and
``(B) with respect to, at a minimum--
``(i) the average number of fatalities in the
State resulting from traffic crashes per
100,000,000 vehicle miles traveled;
``(ii) the average number of serious injuries
in the State resulting from traffic crashes per
100,000,000 vehicle miles traveled;
``(iii) the average number of traffic
fatalities in the State involving drivers or
motorcycle operators with a blood alcohol
content of .08 or above per 100,000,000 vehicle
miles traveled;
``(iv) the average number of traffic crashes
in the State involving drivers or motorcycle
operators with a blood alcohol content of .08
or above per 100,000,000 vehicle miles
traveled;
``(v) the average number of unrestrained
motor vehicle occupant fatalities, for all seat
positions, in the State resulting from traffic
crashes per 100,000,000 vehicle miles traveled;
and
``(vi) the average number of motorcyclist
fatalities in the State resulting from traffic
crashes per 100,000,000 vehicle miles traveled.
``(2) Considerations in establishing performance targets.--In
establishing performance targets for a State under this
subsection, a Governor shall consider, at a minimum--
``(A) the number of fatalities in the State resulting
from traffic crashes during the preceding 3 years;
``(B) the number of serious injuries in the State
resulting from traffic crashes during the preceding 3
years;
``(C) the extent to which vehicle miles traveled in
the State may impact the number of fatalities and
serious injuries in the State resulting from traffic
crashes; and
``(D) data available from the Fatality Analysis
Reporting System of the National Highway Traffic Safety
Administration.
``(n) Highway Safety Plan and Reporting Requirements.--
``(1) In general.--With respect to fiscal year 2014, and each
fiscal year thereafter, the Secretary shall require the
Governor of each State, as a condition of the approval of the
State's highway safety program for that fiscal year, to develop
and submit to the Secretary for approval a highway safety plan
applicable to that fiscal year in accordance with this
subsection. The plan required under this paragraph may be
incorporated into any other document required to be submitted
under this section.
``(2) Timing.--Each Governor shall submit to the Secretary
the highway safety plan of their State not later than September
1 of the fiscal year preceding the fiscal year to which the
plan applies.
``(3) Contents.--A State's highway safety plan shall include,
at a minimum--
``(A) current data with respect to each performance
target established for the State under subsection (m);
``(B) for the fiscal year preceding the fiscal year
to which the plan applies, a description of the State's
performance regarding each performance target category
described in subsection (m)(1)(B);
``(C) for the fiscal year preceding the fiscal year
to which the plan applies, a description of the
projects and activities for which the State obligated
funding apportioned to the State under this section;
``(D) for the fiscal year to which the plan applies,
the State's strategy for using funds apportioned to the
State under this section for projects and activities
that will allow the State to meet the performance
targets established for the State under subsection (m);
``(E) data and data analysis supporting the
effectiveness of projects and activities proposed in
the strategy under subparagraph (D);
``(F) a description of any Federal, State, local, or
private funds that the State plans to use, in addition
to funds apportioned to the State under this section,
to carry out the State's strategy under subparagraph
(D); and
``(G) a certification that the State will maintain
its aggregate expenditures for highway safety
activities, from sources other than funds apportioned
to the State under this section, at or above the
average level of such expenditures in the 2 fiscal
years preceding the date of enactment of this
subsection.
``(4) Review of highway safety plans.--
``(A) In general.--Not later than 60 days after the
date on which the Secretary receives a State's highway
safety plan, the Secretary shall approve or disapprove
the plan.
``(B) Approvals and disapprovals.--The Secretary
shall approve or disapprove a State's highway safety
plan based on a review of the plan, including an
evaluation of whether, in the Secretary's judgment, the
plan is evidence-based, is supported by data and
analysis, and, if implemented, will allow the State to
meet the performance targets established for the State
under subsection (m). The Secretary shall disapprove a
State's highway safety plan if the plan does not, in
the Secretary's judgment, provide for the evidenced-
based use of funding in a manner sufficient to allow
the State to meet performance targets.
``(C) Actions upon disapproval.--If the Secretary
disapproves a State's highway safety plan, the
Secretary shall inform the Governor of the State of the
reasons for the disapproval and require the Governor to
resubmit the plan with such modifications as the
Secretary determines necessary.
``(D) Review of resubmitted plans.--If the Secretary
requires a Governor to resubmit a highway safety plan
with modifications, the Secretary shall approve or
disapprove the modified plan not later than 30 days
after the date on which the modified plan is submitted
to the Secretary.
``(E) Funding allocations.--If a State failed to
accomplish, as determined by the Secretary, a
performance target established for that State under
subsection (m) in the fiscal year preceding the fiscal
year to which a State highway safety plan under review
applies, the Secretary shall require the following to
be included in the highway safety plan under review:
``(i) If the State failed to accomplish a
performance target established under subsection
(m)(1)(B)(iii) or (m)(1)(B)(iv), a
certification that the State will expend funds
apportioned to the State under this section,
during the fiscal year to which the plan
applies, for projects and activities addressing
impaired driving in an amount that is at least
5 percent more than the amount expended on such
projects and activities in the preceding fiscal
year using such funds.
``(ii) If the State failed to accomplish a
performance target established under subsection
(m)(1)(B)(v), a certification that the State
will expend funds apportioned to the State
under this section, during the fiscal year to
which the plan applies, for projects and
activities addressing occupant protection in an
amount that is at least 5 percent more than the
amount expended on such projects and activities
in the preceding fiscal year using such funds.
``(iii) If the State failed to accomplish a
performance target established under subsection
(m)(1)(B)(vi), a certification that the State
will expend funds apportioned to the State
under this section, during the fiscal year to
which the plan applies, for projects and
activities addressing motorcycle safety in an
amount that is at least 5 percent more than the
amount expended on such projects and activities
in the preceding fiscal year using such funds.
``(F) Data.--
``(i) Fatalities data.--A State's compliance
with performance targets relating to fatalities
shall be determined using the most recent data
from the Fatality Analysis Reporting System of
the National Highway Traffic Safety
Administration.
``(ii) Crash data.--A State's compliance with
performance targets relating to serious
injuries shall be determined using State crash
data files.
``(G) Public notice.--A State shall make each highway
safety plan of the State available to the public.
``(o) Annual Report to Congress.--Not later than October 1, 2015, and
annually thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing--
``(1) an evaluation of each State's performance with respect
to the State's highway safety plan under subsection (n) and
performance targets under subsection (m); and
``(2) such recommendations as the Secretary may have for
improvements to activities carried out under subsections (m)
and (n).
``(p) Definitions.--In this section, the following definitions apply:
``(1) Child restraint.--The term `child restraint' means any
product designed to provide restraint to a child in a motor
vehicle (including booster seats and other products used with a
lap and shoulder belt assembly) that meets applicable Federal
motor vehicle safety standards prescribed by the National
Highway Traffic Safety Administration.
``(2) Controlled substance.--The term `controlled substance'
has the meaning given that term in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
``(3) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and `driving
under the influence' have the meaning given those terms in
section 164.
``(4) Graduated drivers licensing law.--The term `graduated
drivers licensing law' means a law enacted by a State that
requires, before the granting of an unrestricted driver's
license to individuals under the age of 21 years, a 2-stage
licensing process that includes the following:
``(A) A learner's permit stage that--
``(i) allows for the acquisition of a
learner's permit by an individual not earlier
than the date on which that individual attains
15 years and 6 months of age;
``(ii) is at least 6 months in duration;
``(iii) requires an individual with a
learner's permit to complete at least 30 hours
of driving supervised by a licensed driver who
is 21 years of age or older;
``(iv) requires an individual with a
learner's permit to be accompanied and
supervised by a licensed driver who is 21 years
of age or older at all times when operating a
motor vehicle; and
``(v) is in effect until the commencement of
the intermediate stage or until the date on
which the applicable individual attains 18
years of age.
``(B) An intermediate stage that--
``(i) applies to an individual immediately
after the expiration of the learner's permit
stage for that individual;
``(ii) is at least 6 months in duration;
``(iii) prohibits the operation of a motor
vehicle by an individual to whom the stage
applies, if that individual is transporting
more than one nonfamilial passenger under the
age of 18 years and there is no licensed driver
21 years of age or older present in the motor
vehicle; and
``(iv) prohibits an individual to whom the
stage applies from operating a motor vehicle
between the hours of midnight and 4 a.m.,
unless such individual is accompanied and
supervised by a licensed driver who is 21 years
of age or older.
``(5) Impaired driving high range state.--The term `impaired
driving high range State' means a State that averaged more than
.50 alcohol impaired driving fatalities per 100,000,000 vehicle
miles traveled, as determined using data from the Fatality
Analysis Reporting System of the National Highway Traffic
Safety Administration, for the most recent 3 years for which
data are available.
``(6) Ignition interlock device.--The term `ignition
interlock device' means an in-vehicle device that requires a
driver to provide a breath sample prior to a motor vehicle
starting and that prevents a motor vehicle from starting if the
blood alcohol content of the driver is above the legal limit.
``(7) Ignition interlock law.--The term `ignition interlock
law' means a law enacted by a State that requires throughout
the State the installation of an ignition interlock device, for
a minimum of 6 months, on each motor vehicle operated by an
individual who is convicted of driving while intoxicated or
driving under the influence.
``(8) Motor vehicle.--The term `motor vehicle' has the
meaning given that term in section 157.
``(9) Motorcyclist safety training.--The term `motorcyclist
safety training' means a formal program of instruction that is
approved for use in a State by the designated State authority
having jurisdiction over motorcyclist safety issues, which may
include a State motorcycle safety administrator or a motorcycle
advisory council appointed by the Governor of the State.
``(10) Primary safety belt use law.--The term `primary safety
belt use law' means a law enacted by a State that--
``(A) requires all occupants in the front seat of a
motor vehicle to utilize a seat belt when the motor
vehicle is being driven; and
``(B) allows for a law enforcement officer to stop a
vehicle solely for the purpose of issuing a citation
for a violation of the requirement in subparagraph (A)
in the absence of evidence of another offense.
``(11) Projects and activities addressing impaired driving.--
The term `projects and activities addressing impaired driving'
means projects and activities--
``(A) to develop and implement law enforcement
measures and tools designed to reduce impaired driving,
including training, education, equipment, and other
methods of support for law enforcement and criminal
justice professionals;
``(B) to improve impaired driving prosecution and
adjudication, including the establishment of courts
that specialize in impaired driving cases;
``(C) to carry out safety campaigns relating to
impaired driving using paid media;
``(D) to provide inpatient and outpatient alcohol
rehabilitation based on mandatory assessment and
appropriate treatment;
``(E) to establish and improve information systems
containing data on impaired driving; or
``(F) to establish and implement an ignition
interlock system for individuals convicted of driving
while intoxicated or driving under the influence.
``(12) Projects and activities addressing motorcycle
safety.--The term `projects and activities addressing
motorcycle safety' means projects and activities--
``(A) to improve the content and delivery of
motorcyclist safety training curricula;
``(B) to support licensing, training, and safety
education for motorcyclists, including new entrants;
``(C) to enhance motorcycle safety through public
service announcements, including safety messages on
road sharing, outreach, and public awareness
activities; or
``(D) to provide for the safety of motorcyclists
through the promotion of appropriate protective
equipment.
``(13) Projects and activities addressing occupant
protection.--The term `projects and activities addressing
occupant protection' means projects and activities--
``(A) to provide for occupant protection training,
education, equipment, and other methods of support for
law enforcement and criminal justice professionals;
``(B) to carry out safety campaigns relating to
occupant protection using paid media;
``(C) to establish and improve information systems
containing data on occupant protection;
``(D) to provide for training of firefighters, law
enforcement officers, emergency medical services
professionals, and others on the provision of community
child passenger safety services; or
``(E) to purchase child restraints for low-income
families.
``(14) Public road.--The term `public road' means any road
under the jurisdiction of and maintained by a public authority
and open to public travel.
``(15) Public road mileage.--The term `public road mileage'
means the number of public road miles in a State as--
``(A) determined at the end of the calendar year
preceding the year in which applicable funds are
apportioned; and
``(B) certified by the Governor of the State, subject
to approval by the Secretary.
``(16) Seat belt.--The term `seat belt' has the meaning given
that term in section 157.''.
SEC. 5004. USE OF CERTAIN FUNDS MADE AVAILABLE FOR ADMINISTRATIVE
EXPENSES.
(a) In General.--Section 403 is amended to read as follows:
``Sec. 403. Use of certain funds made available for administrative
expenses
``(a) Highway Safety Research and Development.--The Secretary is
authorized to carry out, using funds made available out of the Highway
Trust Fund (other than the Alternative Transportation Account) under
section 5002(a)(3) of the American Energy and Infrastructure Jobs Act
of 2012--
``(1) ongoing research into driver behavior and its effect on
traffic safety;
``(2) research on, initiatives to counter, and demonstration
projects on fatigued driving by drivers of motor vehicles and
distracted driving in such vehicles, including the effect that
the use of electronic devices and other factors determined
relevant by the Secretary have on driving;
``(3) training or education programs in cooperation with
other Federal departments and agencies, States, private sector
persons, highway safety personnel, and law enforcement
personnel;
``(4) research on and evaluations of the effectiveness of
traffic safety countermeasures, including seat belts and
impaired driving initiatives;
``(5) research on, evaluations of, and identification of best
practices related to driver education programs (including
driver education curricula, instructor training and
certification, program administration, and delivery mechanisms)
and make recommendations for harmonizing driver education and
multistage graduated licensing systems;
``(6) research, training, and education programs related to
older drivers;
``(7) highway safety demonstration projects related to driver
behavior, including field operational tests for vehicle
collision avoidance systems, vehicle voice interface systems,
vehicle workload management systems, driver state monitoring
systems, and autonomous vehicles; and
``(8) research, training, and programs relating to motorcycle
safety, including impaired driving.
``(b) High Visibility Enforcement Program.--
``(1) In general.--The Administrator of the National Highway
Traffic Safety Administration shall establish and administer,
using funds made available out of the Highway Trust Fund (other
than the Alternative Transportation Account) under section
5002(a)(3) of the American Energy and Infrastructure Jobs Act
of 2012, a program under which at least 2 high-visibility
traffic safety law enforcement campaigns will be carried out
for the purpose specified in paragraph (2) in each of fiscal
years 2013 through 2016.
``(2) Purpose.--The purpose of each law enforcement campaign
under this subsection shall be to achieve one or more of the
following objectives:
``(A) Reduce alcohol-impaired or drug-impaired
operation of motor vehicles.
``(B) Increase the use of seat belts by occupants of
motor vehicles.
``(C) Reduce distracted driving of motor vehicles.
``(3) Advertising.--The Administrator may use, or authorize
the use of, funds made available to carry out this subsection
to pay for the development, production, and use of broadcast
and print media advertising in carrying out law enforcement
campaigns under this subsection. Consideration shall be given
to advertising directed at non-English speaking populations,
including those who listen to, read, or watch nontraditional
media.
``(4) Coordination with states.--The Administrator shall
coordinate with States in carrying out law enforcement
campaigns under this subsection, including advertising funded
under paragraph (3), with a view toward--
``(A) relying on States to provide the law
enforcement resources for the campaigns out of funding
available under this subsection and section 402; and
``(B) providing out of National Highway Traffic
Safety Administration resources most of the means
necessary for national advertising and education
efforts associated with the law enforcement campaigns.
``(5) Annual evaluation.--The Secretary shall conduct an
annual evaluation of the effectiveness of campaigns carried out
under this subsection.
``(6) State defined.--In this subsection, the term `State'
has the meaning given that term in section 401.
``(c) Availability of Funds.--The Secretary shall ensure that at
least $137,244,000 of the funds made available out of the Highway Trust
Fund (other than the Alternative Transportation Account) under section
5002(a)(3) of the American Energy and Infrastructure Jobs Act of 2012
each fiscal year are used for programs and activities authorized under
this section.''.
(b) Clerical Amendment.--The analysis for chapter 4 is amended by
striking the item relating to section 403 and inserting the following:
``403. Use of certain funds made available for administrative
expenses.''.
SEC. 5005. REPEAL OF PROGRAMS.
(a) General Provision.--A repeal made by this section shall not
affect funds apportioned or allocated before the effective date of the
repeal.
(b) Occupant Protection Incentive Grants.--Section 405, and the item
relating to that section in the analysis for chapter 4, are repealed.
(c) Safety Belt Performance Grants.--Section 406, and the item
relating to that section in the analysis for chapter 4, are repealed.
(d) Innovative Project Grants.--Section 407, and the item relating to
that section in the analysis for chapter 4, are repealed.
(e) State Traffic Safety Information System Improvements.--Section
408, and the item relating to that section in the analysis for chapter
4, are repealed.
(f) Alcohol-Impaired Driving Countermeasures.--Section 410, and the
item relating to that section in the analysis for chapter 4, are
repealed.
(g) State Highway Safety Data Improvements.--Section 411, and the
item relating to that section in the analysis for chapter 4, are
repealed.
(h) High Visibility Enforcement Program.--Section 2009 of SAFETEA-LU
(23 U.S.C. 402 note; 119 Stat. 1535), and the item relating to that
section in the table of contents contained in section 1(b) of that Act,
are repealed.
(i) Motorcyclist Safety.--Section 2010 of SAFETEA-LU (23 U.S.C. 402
note; 119 Stat. 1535), and the item relating to that section in the
table of contents contained in section 1(b) of that Act, are repealed.
(j) Child Safety and Child Booster Seat Incentive Grants.--Section
2011 of SAFETEA-LU (23 U.S.C. 405 note; 119 Stat. 1538), and the item
relating to that section in the table of contents contained in section
1(b) of that Act, are repealed.
(k) Drug-Impaired Driving Enforcement.--Section 2013 of SAFETEA-LU
(23 U.S.C. 403 note; 119 Stat. 1539), and the item relating to that
section in the table of contents contained in section 1(b) of that Act,
are repealed.
(l) First Responder Vehicle Safety Program.--Section 2014 of SAFETEA-
LU (23 U.S.C. 402 note; 119 Stat. 1540), and the item relating to that
section in the table of contents contained in section 1(b) of that Act,
are repealed.
(m) Rural State Emergency Medical Services Optimization Pilot
Program.--Section 2016 of SAFETEA-LU (119 Stat. 1541), and the item
relating to that section in the table of contents contained in section
1(b) of that Act, are repealed.
(n) Older Driver Safety; Law Enforcement Training.--Section 2017 of
SAFETEA-LU (119 Stat. 1541), and the item relating to that section in
the table of contents contained in section 1(b) of that Act, are
repealed.
SEC. 5006. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN REPORTS AND
SURVEYS.
Section 409 is amended by striking ``and 148'' and inserting ``148,
and 402''.
SEC. 5007. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE
CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.
The Secretary may not provide a grant or otherwise make available
funding to a State, Indian tribe, county, municipality, or other local
government to be used for any program to check helmet usage or create
checkpoints for a motorcycle driver or passenger.
SEC. 5008. NATIONAL DRIVER REGISTER.
(a) Accuracy of Information.--Not later than October 1, 2013, to
ensure the accuracy of information contained in the National Driver
Register established under section 30302 of title 49, United States
Code, the Secretary, in cooperation with the States, shall--
(1) establish and implement procedures to--
(A) ensure that participating States submit reports
required under section 30304(a) of such title with
respect to a conviction not later than 31 days after
receiving notice of the conviction, as required under
section 30304(c)(2) of such title; and
(B) verify and improve the accuracy of reports
submitted for inclusion in the Register under section
30304 of such title; and
(2) establish and implement a process for--
(A) the removal or modification of an invalid or
duplicative driver record contained in the Register;
and
(B) the verification of a request for the removal or
modification of an invalid or duplicative driver record
contained in the Register.
(b) Report to Congress.--Not later than February 1, 2013, and every
February 1 thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report describing--
(1) the timeliness and completeness of State submissions
under section 30304 of title 49, United States Code;
(2) the Department's efforts to monitor and ensure compliance
with the reporting requirements under such section; and
(3) recommendations for improving the National Driver
Register established under section 30302 of title 49, United
States Code, including the accuracy of information contained in
the Register, and the Problem Driver Pointer System of the
American Association of Motor Vehicle Administrators.
TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Motor Carrier Safety, Efficiency,
and Accountability Act of 2012''.
SEC. 6002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
Subtitle A--Authorization of Appropriations
SEC. 6101. MOTOR CARRIER SAFETY GRANTS.
(a) Authorization of Appropriations.--Section 31104(a) is amended to
read as follows:
``(a) In General.--Subject to subsection (f), there is authorized to
be appropriated from the Highway Trust Fund (other than the Alternative
Transportation Account) to carry out section 31102 $247,000,000 for
each of fiscal years 2013 through 2016.''.
(b) Administrative Takedown.--
(1) In general.--Section 31104(e) is amended to read as
follows:
``(e) Deduction for Administrative Expenses.--
``(1) In general.--On October 1 of each fiscal year (or as
soon after that date as practicable), the Secretary may deduct,
from amounts made available under subsection (a) for that
fiscal year, not more than 1.25 percent of those amounts for
administrative expenses incurred in carrying out section 31102
in that fiscal year.
``(2) Training.--The Secretary shall use at least 75 percent
of the amounts deducted under paragraph (1) to train non-
Government employees and to develop related training materials
in carrying out section 31102.''.
(2) Report to congress.--At the end of each fiscal year, the
Secretary shall submit to Congress a report detailing the use
of amounts deducted under section 31104(e) of title 49, United
States Code, as amended by paragraph (1) of this subsection.
(c) Allocation Criteria.--Section 31104(f) is amended to read as
follows:
``(f) Allocation Criteria.--
``(1) In general.--On October 1 of each fiscal year (or as
soon after that date as practicable) and after making the
deduction under subsection (e), the Secretary shall allocate
amounts made available to carry out section 31102 for such
fiscal year among the States that are eligible for grant funds
under section 31102(f)(2).
``(2) Allocation formula.--The amounts made available to
carry out section 31102 shall be allocated among the States in
the following manner:
``(A) 20 percent in the ratio that--
``(i) the total public road mileage in each
State; bears to
``(ii) the total public road mileage in all
States.
``(B) 20 percent in the ratio that--
``(i) the total vehicle miles traveled in
each State; bears to
``(ii) the total vehicle miles traveled in
all States.
``(C) 20 percent in the ratio that--
``(i) the total population of each State (as
shown in the annual census estimates issued by
the Bureau of the Census); bears to
``(ii) the total population of all States (as
shown in the annual census estimates issued by
the Bureau of the Census).
``(D) 20 percent in the ratio that--
``(i) the total special fuel consumption (net
after reciprocity adjustment) in each State (as
determined by the Secretary); bears to
``(ii) the total special fuel consumption
(net after reciprocity adjustment) in all
States (as determined by the Secretary).
``(E) 10 percent only to those States that share a
land border with another country and conduct border
commercial motor vehicle safety programs and related
activities (in this subparagraph referred to as a
`border State'), with--
``(i) 70 percent of such amount to be
allocated among border States in the ratio
that--
``(I) the total number of
international commercial motor vehicle
inspections conducted within the
boundaries of each border State (as
determined by the Secretary); bears to
``(II) the total number of
international commercial motor vehicle
inspections conducted within the
boundaries of all border States (as
determined by the Secretary); and
``(ii) 30 percent of such amount to be
allocated among border States in the ratio
that--
``(I) the total number of land border
crossing locations with State-
maintained commercial motor vehicle
safety enforcement infrastructure
within the boundaries of each border
State (as determined by the Secretary);
bears to
``(II) the total number of land
border crossing locations with State-
maintained commercial motor vehicle
safety enforcement infrastructure
within the boundaries of all border
States (as determined by the
Secretary).
``(F) 10 percent only to those States that reduce the
rate of large truck-involved fatal accidents in the
State for the most recent calendar year for which data
are available when compared to the average rate of
large truck-involved fatal accidents in the State for
the 10-year period ending on the last day preceding
that calendar year (in this subparagraph referred to as
an `eligible State'), with--
``(i) 25 percent of such amount to be
allocated among eligible States in the ratio
that--
``(I) the total public road mileage
in each eligible State; bears to
``(II) the total public road mileage
in all eligible States;
``(ii) 25 percent of such amount to be
allocated among eligible States in the ratio
that--
``(I) the total vehicle miles
traveled in each eligible State; bears
to
``(II) the total vehicle miles
traveled in all eligible States;
``(iii) 25 percent of such amount to be
allocated among eligible States in the ratio
that--
``(I) the total population of each
eligible State (as shown in the annual
census estimates issued by the Bureau
of the Census); bears to
``(II) the total population of all
eligible States (as shown in the annual
census estimates issued by the Bureau
of the Census); and
``(iv) 25 percent of such amount to be
allocated among eligible States in the ratio
that--
``(I) the total special fuel
consumption (net after reciprocity
adjustment) in each eligible State (as
determined by the Secretary); bears to
``(II) the total special fuel
consumption (net after reciprocity
adjustment) in all eligible States (as
determined by the Secretary).
``(3) Maximum and minimum allocations.--
``(A) Maximum allocation.--The allocation under
subparagraphs (A) through (D) of paragraph (2) for a
fiscal year to each State (excluding the Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands) shall be not greater than 4.944 percent of the
total allocation under those subparagraphs in that
fiscal year.
``(B) Minimum allocation.--The allocation under
paragraph (2) for a fiscal year to each State
(excluding the Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands) shall be not less
than 0.44 percent of the total allocation under that
paragraph in that fiscal year.
``(C) Allocation to territories.--The annual
allocation to each of the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands shall be
$350,000.''.
(d) Administrative Expenses.--Section 31104(i) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Alternative Transportation Account) for the Secretary of
Transportation to pay administrative expenses of the Federal
Motor Carrier Safety Administration $244,144,000 for each of
fiscal years 2013 through 2016.''; and
(2) by adding at the end the following:
``(3) Outreach and education.--
``(A) In general.--Using the funds authorized by this
subsection, the Secretary shall conduct an outreach and
education program to be administered by the
Administrator of the Federal Motor Carrier Safety
Administration in cooperation with the Administrator of
the National Highway Traffic Safety Administration.
``(B) Program elements.--The program shall include,
at a minimum, the following:
``(i) A program to promote a more
comprehensive and national effort to educate
commercial motor vehicle operators and
passenger vehicle drivers about how such
operators and drivers can more safely share the
road with each other.
``(ii) A program to promote enhanced traffic
enforcement efforts aimed at reducing the
incidence of the most common unsafe driving
behaviors that cause or contribute to crashes
involving commercial motor vehicles and
passenger vehicles.
``(iii) A program to establish a public-
private partnership to provide resources and
expertise for the development and dissemination
of information relating to sharing the road
referred to in clauses (i) and (ii) to each
partner's constituents and to the general
public through the use of brochures, videos,
paid and public advertisements, the Internet,
and other media.''.
SEC. 6102. GRANT PROGRAMS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Alternative
Transportation Account) the following sums for the following Federal
Motor Carrier Safety Administration programs:
(1) Commercial driver's license program implementation
grants.--For commercial driver's license program implementation
grants under section 31313 of title 49, United States Code,
$30,000,000 for each of fiscal years 2013 through 2016.
(2) Commercial vehicle information systems and networks
deployment.--For carrying out the commercial vehicle
information systems and networks deployment program under
section 4126 of SAFETEA-LU (119 Stat. 1738) $30,000,000 for
each of fiscal years 2013 through 2016.
(b) Period of Availability.--The amounts made available under this
section shall remain available until expended.
(c) Initial Date of Availability.--Amounts authorized to be
appropriated from the Highway Trust Fund (other than the Alternative
Transportation Account) by this section shall be available for
obligation on the date of their apportionment or allocation or on
October 1 of the fiscal year for which they are authorized, whichever
occurs first.
(d) Contract Authority.--Approval by the Secretary of a grant with
funds made available under this section imposes upon the United States
a contractual obligation for payment of the Government's share of costs
incurred in carrying out the objectives of the grant.
Subtitle B--Registration
SEC. 6201. REGISTRATION REQUIREMENTS.
(a) General Requirements.--Section 13901 is amended to read as
follows:
``Sec. 13901. Requirement for registration
``(a) In General.--A person may provide the following transportation
or services only if the person is registered under this chapter to
provide the transportation or service:
``(1) Transportation as a motor carrier subject to
jurisdiction under subchapter I of chapter 135.
``(2) Service as a freight forwarder subject to jurisdiction
under subchapter III of chapter 135.
``(3) Service as a broker for transportation subject to
jurisdiction under subchapter I of chapter 135.
``(b) Registration Numbers.--
``(1) In general.--If the Secretary registers a person under
this chapter to provide transportation or service, including as
a motor carrier, freight forwarder, or broker, the Secretary
shall issue a distinctive registration number to the person for
the transportation or service. In the case of a person
registered by the Secretary to provide more than one type of
transportation or service, the Secretary shall issue a separate
registration number to the person for each authority to provide
transportation or service.
``(2) Transportation or service type indicator.--A
registration number issued under paragraph (1) shall include an
indicator of the type of transportation or service for which
the registration number is issued, including whether the
registration number is issued for registration of a motor
carrier, freight forwarder, or broker.
``(c) Specification of Authority.--For each agreement to provide
transportation or service for which registration is required under this
chapter, the registrant shall specify, in writing, the authority under
which the person is providing the transportation or service.''.
(b) Availability of Information.--
(1) In general.--Chapter 139 is amended by adding at the end
the following:
``Sec. 13909. Availability of information
``The Secretary shall make information relating to registration and
financial security required by this chapter publicly available on the
Internet, including--
``(1) the names and addresses of the principals of each
entity holding such registration;
``(2) the status of such registration; and
``(3) the electronic address of the entity's surety provider
for the submission of claims.''.
(2) Conforming amendment.--The analysis for such chapter is
amended by adding at the end the following:
``13909. Availability of information.''.
SEC. 6202. MOTOR CARRIER REGISTRATION.
(a) Motor Carrier Generally.--Section 13902(a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--Except as provided in this section, the
Secretary shall register a person to provide transportation
subject to jurisdiction under subchapter I of chapter 135 as a
motor carrier using self-propelled vehicles the motor carrier
owns, rents, or leases if the Secretary finds that the person--
``(A) is willing and able to comply with--
``(i) this part and the applicable
regulations of the Secretary and the Board;
``(ii) any safety regulations imposed by the
Secretary;
``(iii) the duties of employers and employees
established by the Secretary under section
31135;
``(iv) the safety fitness requirements
established by the Secretary under section
31144;
``(v) the accessibility requirements
established by the Secretary under subpart H of
part 37 of title 49, Code of Federal
Regulations, or a successor regulation, for
transportation provided by an over-the-road
bus; and
``(vi) the minimum financial responsibility
requirements established by the Secretary
pursuant to sections 13906 and 31138;
``(B) has demonstrated, through successful completion
of a proficiency examination, to be developed by the
Secretary by regulation, knowledge of the requirements
and regulations described in subparagraph (A);
``(C) has disclosed to the Secretary any relationship
involving common stock, common ownership, common
control, common management, or common familial
relationship between that person and any other motor
carrier in the 3-year period preceding the date of the
filing of the application for registration; and
``(D) has been issued a Department of Transportation
number under section 31134.''; and
(2) by adding at the end the following:
``(6) Separate registration required.--A motor carrier may
not broker transportation services unless the motor carrier has
registered as a broker under this chapter.''.
(b) Enhanced Registration Procedures for Household Goods Motor
Carriers.--
(1) In general.--Section 13902(a)(2) is amended to read as
follows:
``(2) Registration for household goods motor carriers.--
``(A) Additional requirements.--In addition to
meeting the requirements of paragraph (1), the
Secretary may register a person to provide
transportation of household goods as a household goods
motor carrier only after the person--
``(i) provides evidence of participation in
an arbitration program under section 14708 and
provides a copy of the notice of the
arbitration program as required by section
14708(b)(2);
``(ii) identifies the motor carrier's tariff
and provides a copy of the notice of the
availability of that tariff for inspection as
required by section 13702(c);
``(iii) provides evidence that the person has
access to, has read, is familiar with, and will
observe all applicable Federal laws relating to
consumer protection, estimating, consumers'
rights and responsibilities, and options for
limitations of liability for loss and damage;
``(iv) discloses any relationship involving
common stock, common ownership, common control,
common management, or common familial
relationships between the person and any other
motor carrier, freight forwarder, or broker of
household goods within 3 years of the proposed
date of registration;
``(v) demonstrates that the person is willing
and able to comply with the household goods
consumer protection rules of the Secretary; and
``(vi) demonstrates, through successful
completion of a proficiency examination, to be
developed by the Secretary by regulation,
knowledge of the requirements and regulations
described in this subparagraph.
``(B) Household goods audits.--
``(i) In general.--The Secretary shall
require, by regulation, each registrant
described in subparagraph (A) to undergo a
household goods audit during the 180-day period
beginning 1 year after the date of issuance of
a provisional registration to the registrant.
``(ii) Regulations.--
``(I) Deadline.--The Secretary shall
issue regulations under clause (i) not
later than 2 years after the date of
enactment of the Motor Carrier Safety,
Efficiency, and Accountability Act of
2012.
``(II) Issuance of standards.--The
regulations shall include standards for
household goods audits.
``(iii) Contents.--The Secretary shall ensure
that the standards issued under clause (ii)(II)
require evidence demonstrating that a
registrant described in subparagraph (A)--
``(I) has consistently adhered to the
household goods regulations of the
Secretary;
``(II) has consistently adhered to
the requirements of its tariff;
``(III) has not wrongfully withheld
the household goods of a customer;
``(IV) has not had a pattern of
substantiated customer service
complaints filed against it; and
``(V) has complied with all relevant
arbitration requirements.
``(C) Corrective action plan.--
``(i) In general.--If a registrant described
in subparagraph (A) fails a household goods
audit, the registrant may submit to the
Secretary for approval a corrective action plan
to address deficiencies identified in the
audit. The registrant shall submit the plan
during the 60-day period beginning on the date
the registrant is notified of the results of
the audit.
``(ii) Deadline for approval or
disapproval.--The Secretary shall approve or
disapprove a corrective action plan submitted
under clause (i) not later than 60 days after
the date of submission of the plan.
``(iii) Assessment of implementation of
corrective action plan.--If the Secretary
approves a corrective action plan submitted by
a registrant under clause (i), the Secretary
shall determine, during the 1-year period
beginning on the date of such approval, whether
the registrant has carried out the plan
satisfactorily.
``(D) Provisional registration.--
``(i) In general.--Any registration issued
under subparagraph (A) shall be designated as a
provisional registration until the audit
required by subparagraph (B) is completed.
``(ii) Requirement for issuance of permanent
registration.--A provisional registration
issued to a registrant under subparagraph (A)
shall become permanent after the registrant--
``(I) passes the household goods
audit required under subparagraph (B);
or
``(II) implements to the satisfaction
of the Secretary a corrective action
plan under subparagraph (C).
``(iii) Revocation of provisional
registration.--If a registrant fails a
household goods audit required under
subparagraph (B) or does not implement to the
satisfaction of the Secretary a corrective
action plan under subparagraph (C), the
Secretary shall revoke the provisional
registration of the registrant.
``(E) Reapplying for registration.--
``(i) In general.--Nothing in this paragraph
permanently prohibits a person from reapplying
for registration to provide transportation of
household goods as a household goods motor
carrier.
``(ii) Limitation.--If the Secretary revokes
the provisional registration of a person under
this paragraph, the person shall be required to
wait at least 1 year before reapplying for a
registration to provide transportation of
household goods as a household goods motor
carrier.''.
(2) Rulemaking.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
establishing the proficiency examination referred to in section
13902(a)(2)(A)(vi) of title 49, United States Code, as amended
by paragraph (1).
(c) Registration as Freight Forwarder or Broker Required.--Section
13902 is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Registration as Freight Forwarder or Broker Required.--A motor
carrier registered under this chapter--
``(1) may only provide transportation of property with--
``(A) self-propelled motor vehicles owned or leased
by the motor carrier; or
``(B) interchanges, as permitted under regulations
issued by the Secretary and subject to requirements
that the originating carrier physically transports the
cargo at some point and retains liability for the cargo
and payment of interchanged carriers; and
``(2) may not arrange such transportation unless the motor
carrier has obtained a separate registration as a freight
forwarder or broker for transportation under section 13903 or
13904, as the case may be.''.
SEC. 6203. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS.
(a) Registration of Freight Forwarders.--Section 13903 is amended to
read as follows:
``Sec. 13903. Registration of freight forwarders
``(a) In General.--The Secretary shall register a person to provide
service subject to jurisdiction under subchapter III of chapter 135 as
a freight forwarder if the Secretary finds that the person--
``(1) is qualified by experience to act as a freight
forwarder; and
``(2) is fit, willing, and able to provide the service and to
comply with this part and applicable regulations of the
Secretary.
``(b) Financial Security Requirements.--A registration issued under
subsection (a) shall remain in effect only as long as the freight
forwarder is in compliance with section 13906(c).
``(c) Experience or Training Requirement.--A freight forwarder shall
employ, as an officer, an individual who--
``(1) has at least 3 years of relevant experience; or
``(2) provides the Secretary with satisfactory evidence of
completion of relevant training.
``(d) Registration as Motor Carrier Required.--A freight forwarder
may not provide transportation as a motor carrier unless the freight
forwarder has registered separately under this chapter to provide
transportation as a motor carrier.''.
(b) Registration of Brokers.--Section 13904 is amended to read as
follows:
``Sec. 13904. Registration of brokers
``(a) In General.--The Secretary shall register a person to be a
broker for transportation of property subject to jurisdiction under
subchapter I of chapter 135, if the Secretary finds that the person--
``(1) is qualified by experience to act as a broker for
transportation; and
``(2) is fit, willing, and able to be a broker for
transportation and to comply with this part and applicable
regulations of the Secretary.
``(b) Financial Security Requirements.--A registration issued under
subsection (a) shall remain in effect only as long as the broker for
transportation is in compliance with section 13906(b).
``(c) Experience or Training Requirement.--A broker shall employ, as
an officer, an individual who--
``(1) has at least 3 years of relevant experience; or
``(2) provides the Secretary with satisfactory evidence of
completion of relevant training.
``(d) Registration as Motor Carrier Required.--
``(1) In general.--A broker for transportation may not
provide transportation as a motor carrier unless the broker has
registered separately under this chapter to provide
transportation as a motor carrier.
``(2) Limitation.--This subsection does not apply to a motor
carrier registered under this chapter or to an employee or
agent of the motor carrier to the extent the transportation is
to be provided entirely by the motor carrier.
``(e) Regulations To Protect Motor Carriers and Shippers.--
Regulations of the Secretary applicable to brokers registered under
this section shall provide for the protection of motor carriers and
shippers by motor vehicle.
``(f) Bond and Insurance.--The Secretary may impose on brokers for
motor carriers of passengers such requirements for bonds or insurance
(or both) as the Secretary determines are needed to protect passengers
and carriers dealing with such brokers.''.
SEC. 6204. EFFECTIVE PERIODS OF REGISTRATION.
Section 13905(c) is amended to read as follows:
``(c) Effective Period.--
``(1) In general.--Except as provided in this part, each
registration issued under section 13902, 13903, or 13904 shall
be effective from the date specified by the Secretary and shall
remain in effect for such period as the Secretary determines
appropriate by regulation.
``(2) Reissuance of registration.--Not later than 4 years
after the date of enactment of the Motor Carrier Safety,
Efficiency, and Accountability Act of 2012, the Secretary shall
require a freight forwarder or broker to renew its registration
issued under this chapter. Such registration shall expire not
later than 5 years after the date of such renewal and may be
further renewed as provided under this chapter.
``(3) Requirement for information update.--
``(A) In general.--The Secretary shall require a
motor carrier, freight forwarder, or broker to update
its registration information under this chapter within
30 days of any change in address, other contact
information, officers, process agent, or other
essential information as determined by the Secretary
and published in the Federal Register.
``(B) Motor carriers of passengers.--In addition to
the requirements of subparagraph (A), the Secretary
shall require a motor carrier of passengers to update
its registration information, including numbers of
vehicles, annual mileage, and individuals responsible
for compliance with Federal safety regulations
quarterly for the first 2 years after being issued a
registration under section 13902.''.
SEC. 6205. REINCARNATED CARRIERS.
(a) Denials, Suspensions, Amendments, and Revocations.--Section
13905(d) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by striking paragraph (1) and inserting the following:
``(1) Applications.--On application of the registrant, the
Secretary may deny, suspend, amend, or revoke a registration.
``(2) Complaints and actions on secretary's own initiative.--
On complaint or on the Secretary's own initiative and after
notice and an opportunity for a proceeding, the Secretary may--
``(A) deny, suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or freight
forwarder for willful failure to comply with--
``(i) this part;
``(ii) an applicable regulation or order of
the Secretary or the Board, including the
accessibility requirements established by the
Secretary under subpart H of part 37 of title
49, Code of Federal Regulations, or a successor
regulation, for transportation provided by an
over-the-road bus; or
``(iii) a condition of its registration;
``(B) deny, suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or freight
forwarder for failure to--
``(i) pay a civil penalty imposed under
chapter 5, 51, 149, or 311 of this title; or
``(ii) arrange and abide by an acceptable
payment plan for such civil penalty, within 90
days of the time specified by order of the
Secretary for the payment of such penalty; and
``(C) deny, suspend, amend, or revoke any part of a
registration of a motor carrier following a
determination by the Secretary that the motor carrier
failed to disclose in its application for registration
a material fact relevant to its willingness and ability
to comply with--
``(i) this part;
``(ii) an applicable regulation or order of
the Secretary or the Board; or
``(iii) a condition of its registration.
``(3) Limitation.--Paragraph (2)(B) shall not apply to any
person who is unable to pay a civil penalty because such person
is a debtor in a case under chapter 11 of title 11.''; and
(3) in paragraph (4) (as redesignated by paragraph (1)) by
striking ``paragraph (1)(B)'' and inserting ``paragraph
(2)(B)''.
(b) Procedure.--Section 13905(e) is amended by inserting ``or if the
Secretary determines that the registrant has failed to disclose a
material fact in an application for registration in accordance with
subsection (d)(2)(C)'' before the first comma.
(c) Duties of Employers and Employees.--Section 31135 is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Avoiding Compliance.--
``(1) In general.--Two or more employers shall not use common
ownership, common management, common control, or common
familial relationship to enable any or all such employers to
avoid compliance, or mask or otherwise conceal noncompliance,
or a history of noncompliance, with commercial motor vehicle
safety regulations issued under this subchapter or an order of
the Secretary issued under this subchapter or such regulations.
``(2) Penalty.--If the Secretary determines that actions
described in the preceding sentence have occurred, the
Secretary shall--
``(A) deny, suspend, amend, or revoke all or part of
any such employer's registration under sections 13905
and 31134; and
``(B) take into account such noncompliance for
purposes of determining civil penalty amounts under
section 521(b)(2)(D).''.
(d) Information Systems.--Section 31106(a)(3) is amended--
(1) in subparagraph (F) by striking ``and'' at the end;
(2) in subparagraph (G) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(H) determine whether a motor carrier is or has
been related, through common stock, common ownership,
common control, common management, or common familial
relationship to any other motor carrier.''.
SEC. 6206. FINANCIAL SECURITY OF BROKERS AND FREIGHT FORWARDERS.
(a) In General.--Section 13906 is amended by striking subsections (b)
and (c) and inserting the following:
``(b) Broker Financial Security Requirements.--
``(1) Requirements.--
``(A) In general.--The Secretary may register a
person as a broker under section 13904 only if the
person files with the Secretary a surety bond, proof of
trust fund, or other financial security, or a
combination thereof, in a form and amount, and from a
provider, determined by the Secretary to be adequate to
ensure financial responsibility.
``(B) Use of a group surety bond, trust fund, or
other surety.--In implementing the standards
established by subparagraph (A), the Secretary may
authorize the use of a group surety bond, trust fund,
or other financial security, or a combination thereof,
that meets the requirements of this subsection.
``(C) Surety bonds.--A surety bond obtained under
this section may only be obtained from a bonding
company that has been approved by the Secretary of the
Treasury.
``(D) Proof of trust or other financial security.--
For purposes of subparagraph (A), a trust fund or other
financial security may be acceptable to the Secretary
only if the trust fund or other financial security
consists of assets readily available to pay claims
without resort to personal guarantees or collection of
pledged accounts receivable.
``(2) Scope of financial responsibility.--
``(A) Payment of claims.--A surety bond, trust fund,
or other financial security obtained under paragraph
(1) shall be available to pay any claim against a
broker arising from its failure to pay freight charges
under its contracts, agreements, or arrangements for
transportation subject to jurisdiction under chapter
135 if--
``(i) subject to the review by the surety
provider, the broker consents to the payment;
``(ii) in the case the broker does not
respond to adequate notice to address the
validity of the claim, the surety provider
determines the claim is valid; or
``(iii) the claim is not resolved within a
reasonable period of time following a
reasonable attempt by the claimant to resolve
the claim under clauses (i) and (ii) and the
claim is reduced to a judgment against the
broker.
``(B) Response of surety providers to claims.--If a
surety provider receives notice of a claim described in
subparagraph (A), the surety provider shall--
``(i) respond to the claim on or before the
30th day following receipt of the notice; and
``(ii) in the case of a denial, set forth in
writing for the claimant the grounds for the
denial.
``(C) Costs and attorneys fees.--In any action
against a surety provider to recover on a claim
described in subparagraph (A), the prevailing party
shall be entitled to recover its reasonable costs and
attorneys fees.
``(3) Minimum financial security.--A broker subject to the
requirements of this section shall provide financial security
of $100,000, regardless of the number of branch offices or
sales agents of the broker.
``(4) Cancellation notice.--If a financial security required
under this subsection is canceled--
``(A) the holder of the financial security shall
provide electronic notification to the Secretary of the
cancellation not later than 30 days before the
effective date of the cancellation; and
``(B) the Secretary shall immediately post such
notification on the public Internet Web site of the
Department of Transportation.
``(5) Suspension.--The Secretary shall immediately suspend
the registration of a broker issued under this chapter if the
available financial security of the broker falls below the
amount required under this subsection.
``(6) Payment of claims in cases of financial failure or
insolvency.--If a broker registered under this chapter
experiences financial failure or insolvency, the surety
provider of the broker shall--
``(A) submit a notice to cancel the financial
security to the Administrator in accordance with
paragraph (4);
``(B) publicly advertise for claims for 60 days
beginning on the date of publication by the Secretary
of the notice to cancel the financial security; and
``(C) pay, not later than 30 days after the
expiration of the 60-day period for submission of
claims--
``(i) all uncontested claims received during
such period; or
``(ii) a pro rata share of such claims if the
total amount of such claims exceeds the
financial security available.
``(7) Penalties.--
``(A) Civil actions.--Either the Secretary or the
Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce the requirements of this subsection or a
regulation prescribed or order issued under this
subsection. The court may award appropriate relief,
including injunctive relief.
``(B) Civil penalties.--If the Secretary determines,
after notice and opportunity for a hearing, that a
surety provider of a broker registered under this
chapter has violated the requirements of this
subsection or a regulation prescribed under this
subsection, the surety provider shall be liable to the
United States for a civil penalty in an amount not to
exceed $10,000.
``(C) Eligibility.--If the Secretary determines,
after notice and opportunity for a hearing, that a
surety provider of a broker registered under this
chapter has violated the requirements of this
subsection or a regulation prescribed under this
subsection, the surety provider shall be ineligible to
provide the financial security of a broker for 5 years.
``(8) Deduction of costs prohibited.--The amount of the
financial security required under this subsection may not be
reduced by deducting attorney's fees or administrative costs.
``(9) Financial security amount assessment.--Every 5 years,
the Secretary shall review, with public notice and comment, the
amounts of the financial security required under this
subsection to determine whether the amounts are sufficient to
provide adequate financial security, and shall be authorized to
increase the amounts, if necessary, based upon that
determination.
``(c) Freight Forwarder Financial Security Requirements.--
``(1) Requirements.--
``(A) In general.--The Secretary may register a
person as a freight forwarder under section 13903 only
if the person files with the Secretary a surety bond,
proof of trust fund, or other financial security, or a
combination thereof, in a form and amount, and from a
provider, determined by the Secretary to be adequate to
ensure financial responsibility.
``(B) Use of a group surety bond, trust fund, or
other financial security.--In implementing the
standards established by subparagraph (A), the
Secretary may authorize the use of a group surety bond,
trust fund, or other financial security, or a
combination thereof, that meets the requirements of
this subsection.
``(C) Surety bonds.--A surety bond obtained under
this section may only be obtained from a bonding
company that has been approved by the Secretary of the
Treasury.
``(D) Proof of trust or other financial security.--
For purposes of subparagraph (A), a trust fund or other
financial security may be acceptable to the Secretary
only if the trust fund or other financial security
consists of assets readily available to pay claims
without resort to personal guarantees or collection of
pledged accounts receivable.
``(2) Scope of financial responsibility.--
``(A) Payment of claims.--A surety bond, trust fund,
or other financial security obtained under paragraph
(1) shall be available to pay any claim against a
freight forwarder arising from its failure to pay
freight charges under its contracts, agreements, or
arrangements for transportation subject to jurisdiction
under chapter 135 if--
``(i) subject to the review by the surety
provider, the freight forwarder consents to the
payment;
``(ii) in the case the freight forwarder does
not respond to adequate notice to address the
validity of the claim, the surety provider
determines the claim is valid; or
``(iii) the claim is not resolved within a
reasonable period of time following a
reasonable attempt by the claimant to resolve
the claim under clauses (i) and (ii) and the
claim is reduced to a judgment against the
freight forwarder.
``(B) Response of surety providers to claims.--If a
surety provider receives notice of a claim described in
subparagraph (A), the surety provider shall--
``(i) respond to the claim on or before the
30th day following receipt of the notice; and
``(ii) in the case of a denial, set forth in
writing for the claimant the grounds for the
denial.
``(C) Costs and attorneys fees.--In any action
against a surety provider to recover on a claim
described in subparagraph (A), the prevailing party
shall be entitled to recover its reasonable costs and
attorneys fees.
``(3) Freight forwarder insurance.--
``(A) In general.--The Secretary may register a
person as a freight forwarder under section 13903 only
if the person files with the Secretary a surety bond,
insurance policy, or other type of financial security
that meets standards to be prescribed by the Secretary.
``(B) Liability insurance.--A financial security
filed by a freight forwarder under subparagraph (A)
shall be sufficient to pay an amount, not to exceed the
amount of the financial security, for each final
judgment against the freight forwarder for--
``(i) bodily injury to, or death of, an
individual, or
``(ii) loss of, or damage to, property (other
than property referred to in subparagraph (C)),
resulting from the negligent operation, maintenance, or
use of motor vehicles by, or under the direction and
control of, the freight forwarder when providing
transfer, collection, or delivery service under this
part.
``(C) Cargo insurance.--The Secretary may require a
registered freight forwarder to file with the Secretary
a surety bond, insurance policy, or other type of
financial security approved by the Secretary that will
pay an amount, not to exceed the amount of the
financial security, for loss of, or damage to, property
for which the freight forwarder provides service.
``(4) Minimum financial security.--Each freight forwarder
subject to the requirements of this section shall provide
financial security of $100,000, regardless of the number of
branch offices or sales agents of the freight forwarder.
``(5) Cancellation notice.--If a financial security required
under this subsection is canceled--
``(A) the holder of the financial security shall
provide electronic notification to the Secretary of the
cancellation not later than 30 days before the
effective date of the cancellation; and
``(B) the Secretary shall immediately post such
notification on the public Internet Web site of the
Department of Transportation.
``(6) Suspension.--The Secretary shall immediately suspend
the registration of a freight forwarder issued under this
chapter if the available financial security of the freight
forwarder falls below the amount required under this
subsection.
``(7) Payment of claims in cases of financial failure or
insolvency.--If a freight forwarder registered under this
chapter experiences financial failure or insolvency, the surety
provider of the freight forwarder shall--
``(A) submit a notice to cancel the financial
security to the Administrator in accordance with
paragraph (5);
``(B) publicly advertise for claims for 60 days
beginning on the date of publication by the Secretary
of the notice to cancel the financial security; and
``(C) pay, not later than 30 days after the
expiration of the 60-day period for submission of
claims--
``(i) all uncontested claims received during
such period; or
``(ii) a pro rata share of such claims if the
total amount of such claims exceeds the
financial security available.
``(8) Penalties.--
``(A) Civil actions.--Either the Secretary or the
Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce the requirements of this subsection or a
regulation prescribed or order issued under this
subsection. The court may award appropriate relief,
including injunctive relief.
``(B) Civil penalties.--If the Secretary determines,
after notice and opportunity for a hearing, that a
surety provider of a freight forwarder registered under
this chapter has violated the requirements of this
subsection or a regulation prescribed under this
subsection, the surety provider shall be liable to the
United States for a civil penalty in an amount not to
exceed $10,000.
``(C) Eligibility.--If the Secretary determines,
after notice and opportunity for a hearing, that a
surety provider of a freight forwarder registered under
this chapter has violated the requirements of this
subsection or a regulation prescribed under this
subsection, the surety provider shall be ineligible to
provide the financial security of a freight forwarder
for 5 years.
``(9) Deduction of costs prohibited.--The amount of the
financial security required under this subsection may not be
reduced by deducting attorney's fees or administrative costs.
``(10) Financial security and insurance amount assessment.--
Every 5 years, the Secretary shall review, with public notice
and comment, the amounts of the financial security and
insurance required under this subsection to determine whether
the amounts are sufficient to provide adequate financial
security, and shall be authorized to increase the amounts, if
necessary, based upon that determination.''.
(b) Rulemaking.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue regulations to implement and
enforce the requirements of subsections (b) and (c) of section 13906 of
title 49, United States Code, as amended by subsection (a).
(c) Effective Date.--The amendments made by subsection (a) shall take
effect on the date that is 1 year after the date of enactment of this
Act.
(d) Review of Security Requirements.--Not later than 15 months after
the date of enactment of this Act, the Inspector General of the
Department of Transportation shall--
(1) review the regulations and enforcement practices of the
Secretary under subsections (b) and (c) of section 13906 of
title 49, United States Code, as amended by this Act; and
(2) make any recommendations to the Secretary that may be
necessary to improve the enforcement of such regulations.
SEC. 6207. REGISTRATION FEE SYSTEM.
Section 13908(d)(1) is amended by striking ``but shall not exceed
$300''.
SEC. 6208. UNLAWFUL BROKERAGE ACTIVITIES.
(a) In General.--Chapter 149 is amended by adding at the end the
following:
``Sec. 14916. Unlawful brokerage activities
``(a) Prohibited Activities.--A person may provide interstate
brokerage services as a broker only if the person--
``(1) is registered under, and in compliance with, section
13904; and
``(2) has satisfied the financial security requirements under
section 13906.
``(b) Exceptions.--Subsection (a) shall not apply to--
``(1) a non-vessel-operating common carrier (as defined in
section 40102 of title 46);
``(2) an ocean freight forwarder (as defined in section 40102
of title 46);
``(3) a customs broker licensed in accordance with section
111.2 of title 19, Code of Federal Regulations; or
``(4) an indirect air carrier holding a Standard Security
Program approved by the Transportation Security Administration,
when arranging for inland transportation as part of an international
through movement involving ocean transportation between the United
States and a foreign port.
``(c) Civil Penalties and Private Cause of Action.--Any person who
knowingly authorizes, consents to, or permits, directly or indirectly,
either alone or in conjunction with any other person, a violation of
subsection (a) is liable--
``(1) to the United States Government for a civil penalty in
an amount not to exceed $10,000 for each violation; and
``(2) to the injured party for all valid claims incurred
without regard to amount.
``(d) Liable Parties.--The liability for civil penalties and for
claims under this section for unauthorized brokering shall apply,
jointly and severally--
``(1) to any corporate entity or partnership involved; and
``(2) to the individual officers, directors, and principals
of such entities.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``14916. Unlawful brokerage activities.''.
SEC. 6209. REQUIREMENT FOR REGISTRATION AND USDOT NUMBER.
(a) In General.--Subchapter III of chapter 311 is amended by
inserting after section 31133 the following:
``Sec. 31134. Requirement for registration and Department of
Transportation number
``(a) In General.--An employer or an employee of the employer may
operate a commercial motor vehicle in interstate commerce only if the
Secretary of Transportation registers the employer under this section
and issues the employer a Department of Transportation number.
``(b) Registration.--Upon application for registration and a
Department of Transportation number under this section, the Secretary
shall register the employer if the Secretary determines that--
``(1) the employer is willing and able to comply with the
requirements of this subchapter and chapter 51 if applicable;
and
``(2)(A) during the 3-year period before the date of the
filing of the application, the employer was not related through
common stock, common ownership, common control, common
management, or common familial relationship to any other person
subject to safety regulations under this subchapter who, during
such 3-year period, was unwilling or unable to comply with the
requirements of this subchapter or chapter 51 if applicable; or
``(B) the employer has disclosed to the Secretary any
relationship involving common stock, common ownership, common
control, common management, or common familial relationship
between that person and any other motor carrier.
``(c) Revocation or Suspension.--The Secretary shall revoke or
suspend the registration of an employer issued under subsection (b) if
the Secretary determines that--
``(1) the authority of the employer to operate as a motor
carrier, freight forwarder, or broker pursuant to chapter 139
is revoked or suspended under section 13905(d)(1) or 13905(f);
or
``(2) the employer has willfully failed to comply with the
requirements for registration set forth in subsection (b).
``(d) Commercial Registration.--An employer registered under this
section may not provide transportation subject to jurisdiction under
subchapter I of chapter 135 unless the employer is also registered
under section 13902 to provide such transportation.
``(e) State Authority.--Nothing in this section shall be construed as
affecting the authority of a State to issue a Department of
Transportation number under State law to a person operating in
intrastate commerce.''.
(b) Clerical Amendment.--The analysis for chapter 311 is amended by
inserting after the item relating to section 31133 the following:
``31134. Requirement for registration and Department of Transportation
number.''.
Subtitle C--Commercial Motor Vehicle Safety
SEC. 6301. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.
(a) General Authority.--Section 31102 is amended to read as follows:
``Sec. 31102. Motor carrier safety assistance program
``(a) General Authority.--The Secretary of Transportation shall
administer a motor carrier safety assistance program to assist States
with--
``(1) the development or implementation of programs for
improving motor carrier safety; and
``(2) the enforcement of Federal regulations, standards, and
orders (and compatible State regulations, standards, and
orders) on--
``(A) commercial motor vehicle safety; and
``(B) hazardous materials transportation safety.
``(b) State Plans.--
``(1) Procedures.--The Secretary shall prescribe procedures
for a State to participate in the program, including procedures
under which the State shall submit a plan, in writing, to the
Secretary in which the State agrees--
``(A) to assume responsibility for improving motor
carrier safety in the State; and
``(B) to adopt and enforce Federal regulations,
standards, and orders (and compatible State
regulations, standards, and orders) on--
``(i) commercial motor vehicle safety; and
``(ii) hazardous materials transportation
safety.
``(2) Contents.--A plan submitted by a State under paragraph
(1) shall--
``(A) provide for implementation of performance-based
activities, including deployment of technology, to
enhance the efficiency and effectiveness of commercial
motor vehicle safety programs;
``(B) provide for implementation of a border
commercial motor vehicle safety program and related
enforcement activities if the State shares a land
border with another country;
``(C) designate a State motor vehicle safety agency
(in this paragraph referred to as the `designated State
agency') responsible for administering the plan
throughout the State;
``(D) provide satisfactory assurances that the
designated State agency has or will have the legal
authority, resources, and qualified personnel necessary
to enforce the regulations, standards, and orders;
``(E) provide satisfactory assurances that the State
will devote adequate amounts to the administration of
the plan and enforcement of the regulations, standards,
and orders;
``(F) provide a right of entry and inspection to
carry out the plan;
``(G) provide that all reports required under this
section be submitted to the designated State agency and
that the designated State agency will make the reports
available to the Secretary on request;
``(H) provide that the designated State agency will
adopt the reporting requirements and use the forms for
recordkeeping, inspections, and investigations the
Secretary prescribes;
``(I) require registrants of commercial motor
vehicles to make a declaration of knowledge of
applicable safety regulations, standards, and orders of
the Government and the State;
``(J) provide that the State will grant maximum
reciprocity for inspections conducted under the North
American Inspection Standard through the use of a
nationally accepted system that allows ready
identification of previously inspected commercial motor
vehicles;
``(K) ensure that activities described in subsection
(f)(3)(B), if financed with grants under this section,
will not diminish the effectiveness of the development
and implementation of commercial motor vehicle safety
programs described in subsection (a);
``(L) ensure that the designated State agency will
coordinate the plan, data collection, and information
systems with State highway safety programs under title
23;
``(M) ensure participation in appropriate Federal
Motor Carrier Safety Administration information systems
and other information systems by all appropriate
jurisdictions receiving funding under this section;
``(N) provide satisfactory assurances that the State
is willing and able to exchange information with other
States in a timely manner;
``(O) provide satisfactory assurances that the State
will undertake efforts that will emphasize and improve
enforcement of State and local traffic safety laws and
regulations related to commercial motor vehicle safety;
``(P) provide satisfactory assurances that the State
will promote activities in support of national
priorities, including--
``(i) activities aimed at removing impaired
commercial motor vehicle drivers from the
highways of the United States--
``(I) through adequate enforcement of
regulations on the use of alcohol and
controlled substances; and
``(II) by ensuring ready roadside
access to alcohol detection and
measuring equipment;
``(ii) activities aimed at providing an
appropriate level of training to State motor
carrier safety assistance program officers and
employees on recognizing drivers impaired by
alcohol or controlled substances; and
``(iii) interdiction activities affecting the
transportation of controlled substances by
commercial motor vehicle drivers and training
on appropriate strategies for carrying out
those interdiction activities;
``(Q) provide satisfactory assurances that the State
has established a program to ensure that--
``(i) accurate, complete, and timely motor
carrier safety data is collected and reported
to the Secretary; and
``(ii) the State will participate in a
national motor carrier safety data correction
system prescribed by the Secretary;
``(R) ensure that the State will cooperate in the
enforcement of financial responsibility requirements
under sections 13906, 31138, and 31139 and regulations
issued thereunder;
``(S) ensure consistent, effective, and reasonable
sanctions;
``(T) ensure that roadside inspections will be
conducted at a location that is adequate to protect the
safety of drivers and enforcement personnel;
``(U) provide satisfactory assurances that the State
will include, in the training manual for the licensing
examination to drive a noncommercial motor vehicle and
a commercial motor vehicle, information on best
practices for driving safely in the vicinity of
noncommercial and commercial motor vehicles;
``(V) provide satisfactory assurances that the State
will enforce the registration requirements of sections
13902 and 31134 by prohibiting the operation of any
vehicle discovered to be operated by a motor carrier--
``(i) without a registration issued under
such sections; or
``(ii) beyond the scope of such registration;
``(W) provide satisfactory assurances that the State
will conduct comprehensive and highly visible traffic
enforcement and commercial motor vehicle safety
inspection programs in high-risk locations and
corridors; and
``(X) provide for implementation of activities to
monitor the safety performance of motor carriers of
passengers, including inspections of commercial motor
vehicles designed or used to transport passengers;
except that roadside inspections must be conducted at a
station, terminal, border crossing, maintenance
facility, destination, or other location where a motor
carrier may make a planned stop, except in the case of
an imminent or obvious safety hazard.
``(3) Maintenance of effort.--
``(A) In general.--A plan submitted by a State under
this subsection shall provide that the total
expenditure of amounts of the State and political
subdivisions of the State (not including amounts of the
United States) for commercial motor vehicle safety
programs and for enforcement of commercial motor
vehicle size and weight limitations, drug interdiction,
and State traffic safety laws and regulations under
subsection (f) will be maintained at a level at least
equal to the average level of that expenditure for the
3 most recent fiscal years ending before the date of
enactment of the Motor Carrier Safety, Efficiency, and
Accountability Act of 2012.
``(B) Calculating state expenditures.--In calculating
the average level of State expenditure, the Secretary--
``(i) may allow the State to exclude State
expenditures for Government-sponsored
demonstration or pilot programs; and
``(ii) shall require the State to exclude
Government amounts.
``(c) Guidance and Standards.--
``(1) In general.--Not later than October 1, 2013, the
Secretary shall--
``(A) develop guidance on the effectiveness of
specific enforcement and related activities in
generating reductions in fatalities and crashes
involving commercial motor vehicles; and
``(B) publish standards for data timeliness,
accuracy, and completeness that will allow States to
meet the objectives of this section and that are
consistent with the standards issued under section
31106(a)(4).
``(2) Optimization of allocations.--The Secretary shall
develop a tool for States to optimize allocations of motor
carrier safety resources to carry out enforcement and related
activities to meet the objectives of this section.
``(3) Updates of guidance.--The Secretary shall update the
guidance issued under paragraph (1)(A) periodically to reflect
new information.
``(d) Performance Measures.--
``(1) State targets.--For fiscal year 2014, and each fiscal
year thereafter, each State, in the plan submitted by that
State under subsection (b), shall--
``(A) establish targets, in quantifiable metrics, for
enforcement activities, data quality, and other
benchmarks to reduce fatalities and crashes involving
commercial motor vehicles;
``(B) select target activities in accordance with the
Secretary's latest guidance to ensure States pursue
activities likely to generate maximum fatality and
crash reduction; and
``(C) meet the standards for data published by the
Secretary under subsection (c)(1)(B).
``(2) Annual updates of state plans.--A State shall--
``(A) update its plan under subsection (b) annually
to establish targets for the following fiscal year; and
``(B) submit the updated plan to the Secretary.
``(3) Requirements for targets.--If a State receives an
increase in grant funds under this section in a fiscal year as
compared to the previous fiscal year, the targets established
by the State under paragraph (1) for the fiscal year shall
exceed the levels achieved by the State in the previous fiscal
year.
``(4) State reports.--
``(A) Information on fatalities and crashes involving
commercial motor vehicles.--Under the motor carrier
safety assistance program, a State shall report to the
Secretary the number and rate of fatalities and crashes
involving commercial motor vehicles occurring in the
State in the previous fiscal year.
``(B) Other information.--A State shall include in
the report required under subparagraph (A) information
on commercial motor vehicles registered in the State
and involved in crashes in such fiscal year and any
other information requested by the Secretary.
``(5) Assessments.--As part of the annual plan approval
process under subsection (e), the Secretary shall assess
whether--
``(A) a State met its targets in the previous fiscal
year; and
``(B) targeted activities are reducing fatalities and
crashes involving commercial motor vehicles.
``(e) Plan Review.--
``(1) Approval process.--Before distributing grant funds
under subsection (f) in a fiscal year, the Secretary shall--
``(A) review each State plan submitted to the
Secretary under subsection (b), as updated by the State
under subsection (d); and
``(B)(i) approve the plan if the Secretary determines
that the plan is adequate to promote the objectives of
this section; or
``(ii) disapprove the plan.
``(2) Resubmittal.--If the Secretary disapproves a plan under
this subsection, the Secretary shall--
``(A) give the State a written explanation; and
``(B) allow the State to modify and resubmit the plan
for approval.
``(3) Continuous evaluation of plans.--
``(A) In general.--On the basis of reports submitted
by the motor vehicle safety agency of a State with a
plan approved under this subsection and the Secretary's
own investigations, the Secretary shall make a
continuing evaluation of the way the State is carrying
out the plan.
``(B) Withdrawal of approval.--
``(i) In general.--If the Secretary finds,
after notice and opportunity for comment, a
State plan previously approved under this
subsection is not being followed or has become
inadequate to ensure enforcement of the
regulations, standards, or orders, the
Secretary shall withdraw approval of the plan
and notify the State.
``(ii) Effective date.--The plan shall not be
effective beginning on the date the notice is
received.
``(iii) Judicial review.--A State adversely
affected by a withdrawal under this
subparagraph may seek judicial review under
chapter 7 of title 5.
``(C) Administrative and judicial proceedings.--
Notwithstanding a withdrawal of approval of a State
plan under this paragraph, the State may retain
jurisdiction in administrative or judicial proceedings
begun before the date of the withdrawal if the issues
involved are not related directly to the reasons for
the withdrawal.
``(f) Grants to States.--
``(1) In general.--Subject to the availability of funds, the
Secretary shall make grants to States for the development or
implementation of programs under this section in accordance
with paragraph (3).
``(2) Eligibility.--
``(A) In general.--A State shall be eligible for a
grant under this subsection in a fiscal year in an
amount equal to the State's allocated amount determined
under section 31104(f) if the State has in effect a
State plan under subsection (b) that has been approved
by the Secretary under subsection (e) for that fiscal
year.
``(B) Withholding of funds.--In the case of a State
that does not meet the requirements of subparagraph (A)
in a fiscal year, the Secretary may withhold grant
funds from a State's allocated amount determined under
section 31104(f) for that fiscal year as follows:
``(i) The Secretary may withhold up to 25
percent of such funds if the State had a plan
approved under subsection (e) for the fiscal
year preceding the fiscal year of the grant,
but has not had a plan approved under
subsection (e) for the fiscal year of the
grant.
``(ii) The Secretary may withhold up to 50
percent of such funds if the State had a plan
approved under subsection (e) for the second
fiscal year preceding the fiscal year of the
grant, but has not had a plan approved under
subsection (e) for the fiscal year of the grant
and the preceding fiscal year.
``(iii) The Secretary may withhold up to 75
percent of such funds if the State had a plan
approved under subsection (e) for the third
fiscal year preceding the fiscal year of the
grant, but has not had a plan approved under
subsection (e) for the fiscal year of the grant
and the 2 preceding fiscal years.
``(iv) The Secretary may withhold 100 percent
of such funds if the State has not had a plan
approved under subsection (e) for the fiscal
year of the grant and the 3 preceding fiscal
years.
``(C) Subsequent availability of withheld funds.--The
Secretary shall make available to a State the grant
funds withheld from the State for a fiscal year under
subparagraph (B) if the Secretary approves the State's
plan under subsection (e) on or before the last day of
that fiscal year.
``(D) Reallocation of withheld funds.--If the
Secretary withholds grant funds from a State for a
fiscal year under subparagraph (B), and the State does
not have a plan approved under subsection (e) on or
before the last day of that fiscal year, such funds
shall be released to the Secretary for reallocation
among the States under section 31104(f) in the
following fiscal year.
``(3) Use of grant funds.--
``(A) In general.--A State receiving a grant under
this subsection shall use the grant funds for
activities to further the State's plan under subsection
(b).
``(B) Use of grants to enforce other laws.--Subject
to subparagraph (C), a State may use grant funds
received under this subsection--
``(i) if carried out in conjunction with an
appropriate inspection of a commercial motor
vehicle to enforce Federal or State commercial
motor vehicle safety regulations, for--
``(I) enforcement of commercial motor
vehicle size and weight limitations at
locations other than fixed weight
facilities, at specific locations such
as steep grades or mountainous terrains
where the weight of a commercial motor
vehicle can significantly affect the
safe operation of the vehicle, or at
ports where intermodal shipping
containers enter and leave the United
States; and
``(II) detection of the unlawful
presence of a controlled substance (as
defined under section 102 of the
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802)) in
a commercial motor vehicle or on the
person of any occupant (including the
operator) of the vehicle; and
``(ii) for documented enforcement of State
traffic laws and regulations designed to
promote the safe operation of commercial motor
vehicles, including documented enforcement of
such laws and regulations relating to
noncommercial motor vehicles when necessary to
promote the safe operation of commercial motor
vehicles.
``(C) Limitations.--
``(i) Effect on commercial motor vehicle
safety programs.--A State may use grant funds
received under this subsection for an activity
described in subparagraph (B) only if the
activity will not diminish the effectiveness of
commercial motor vehicle safety programs
described in subsection (a).
``(ii) Enforcement activities relating to
noncommercial motor vehicles.--A State may not
use more than 5 percent of the total amount of
grants received by the State under this
subsection in a fiscal year for enforcement
activities relating to noncommercial motor
vehicles described in subparagraph (B)(ii)
unless the Secretary determines a higher
percentage will result in significant increases
in commercial motor vehicle safety.
``(g) Annual Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate an
annual report that--
``(1) analyzes commercial motor vehicle safety trends among
the States and documents the most effective commercial motor
vehicle safety programs implemented with grants under this
section;
``(2) describes the effect of activities carried out with
grants made under this section on commercial motor vehicle
safety; and
``(3) documents the number and rate of fatalities and crashes
involving commercial motor vehicles by State.''.
(b) Conforming Amendment.--Section 31103(a) is amended by striking
``section 31102(b)(1)(E) of this title'' and inserting ``section
31102(b)(3)''.
(c) Clerical Amendment.--The analysis for chapter 311 is amended by
striking the item relating to section 31102 and inserting the
following:
``31102. Motor carrier safety assistance program.''.
SEC. 6302. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT
PROGRAM.
(a) In General.--Section 31109 is amended to read as follows:
``Sec. 31109. Performance and registration information systems
management program
``(a) In General.--The Secretary shall carry out a performance and
registration information systems management program to link Federal
motor carrier safety information systems with State commercial vehicle
registration and licensing systems as part of the motor carrier
information system established under section 31106.
``(b) Design.--The program shall enable a State to--
``(1) determine the safety fitness of a motor carrier or
registrant--
``(A) when licensing or registering the motor carrier
or registrant; or
``(B) while the license or registration is in effect;
and
``(2) deny, suspend, or revoke the commercial motor vehicle
registration of a motor carrier or registrant to whom the
Secretary has issued an operations out-of-service order.
``(c) Program Participation.--Not later than September 30, 2015, the
Secretary shall require a State to participate in the program by--
``(1) complying with the uniform policies, procedures, and
technical and operational standards prescribed by the Secretary
under section 31106(a)(4);
``(2) having in effect a law providing the State with the
authority to impose the sanctions described in paragraph (3)(A)
on the basis of an out-of-service order issued by the
Secretary; and
``(3) establishing and implementing a process, approved by
the Secretary, to--
``(A) deny, suspend, or revoke the vehicle
registration or seize the registration plates of a
commercial motor vehicle registered to a motor carrier
to whom the Secretary has issued an out-of-service
order; and
``(B) reinstate the vehicle registration or return
the registration plates of the commercial motor vehicle
subject to sanctions under subparagraph (A) if the
Secretary permits such carrier to resume operations
after the date of issuance of such order.
``(d) Funding.--A State may use grant funds made available to the
State under section 4126 of SAFETEA-LU (119 Stat. 1738) for each of
fiscal years 2013 through 2016 to meet the requirements of this section
for participation in the program under subsection (c).''.
(b) Conforming Amendments.--Section 31106(b) is amended--
(1) by striking paragraphs (2) through (4);
(2) by striking ``(b) Performance and Registration
Information Program.--'' and all that follows through ``(1)
Information clearinghouse.--The Secretary'' and inserting the
following:
``(b) Information Clearinghouse.--The Secretary''; and
(3) by aligning the remaining text accordingly.
(c) Clerical Amendment.--The analysis for chapter 311 is amended by
striking the item relating to section 31109 and inserting the
following:
``31109. Performance and registration information systems management
program.''.
SEC. 6303. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS
DEPLOYMENT GRANTS.
(a) In General.--Section 4126(a) of SAFETEA-LU (119 Stat. 1738) is
amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking ``and Federal'' and all that
follows through the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(3) facilitate compliance with Federal and State commercial
motor vehicle regulatory requirements; and
``(4) provide assistance for State participation in the
performance and registration information systems management
program under section 31109.''.
(b) Amount of Grants.--
(1) Core deployment grants.--Section 4126(c) of such Act (119
Stat. 1738) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(2) Expanded deployment grants.--Section 4126(d) of such Act
(119 Stat. 1739) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(c) Eligibility.--Section 4126(e) of such Act (119 Stat. 1739) is
amended--
(1) in paragraph (2)(B)--
(A) by inserting ``in interstate commerce'' after
``efficiency''; and
(B) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) shall be participating not later than September 30,
2015, in the performance and registration information systems
management program under section 31109 of title 49, United
States Code.''.
(d) Federal Share.--Section 4126(f) of such Act (119 Stat. 1739) is
amended--
(1) by striking ``The Federal'' and inserting the following:
``(1) In general.--The Federal''; and
(2) by adding at the end the following:
``(2) Performance and registration information systems
management program.--Notwithstanding any other provision of
this subsection, the Federal share of the cost of a project
relating to participation in the performance and registration
information systems management program under section 31109 of
title 49, United States Code, shall be 100 percent for fiscal
years 2013 through 2016.''.
SEC. 6304. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.
(a) In General.--Section 31142(b) is amended to read as follows:
``(b) Inspection of Vehicles and Record Retention.--
``(1) Regulations on government standards.--The Secretary of
Transportation shall prescribe regulations on Government
standards for inspection of commercial motor vehicles and
retention by employers of records of such inspections.
``(2) Contents of standards.--The standards shall provide
for--
``(A) annual or more frequent inspections of a
commercial motor vehicle designed or used to transport
property unless the Secretary finds that another
inspection system is as effective as an annual or more
frequent inspection system; and
``(B) annual or more frequent inspections of a
commercial motor vehicle designed or used to transport
passengers.
``(3) Treatment of regulations.--Regulations prescribed under
this subsection shall be treated as regulations prescribed
under section 31136.
``(4) Special rules for inspection program.--Any inspection
required under paragraph (2)(B) shall be conducted by, or under
a program established by, the State in which the vehicle is
registered. A roadside inspection conducted by a State or other
jurisdiction shall not be considered an inspection for the
purposes of meeting the requirements of paragraph (2)(B).''.
(b) Periodic Review of State Safety Inspection Programs.--The
Secretary shall periodically review State safety inspection programs of
commercial motor vehicles designed or used to transport passengers.
SEC. 6305. AMENDMENTS TO SAFETY FITNESS DETERMINATION.
On and after the date the Secretary publishes in the Federal register
the final rule revising the safety fitness determination methodology
established pursuant to 31144 of title 49, United States Code, to
correspond with the Compliance Safety Accountability program, the
Secretary shall consider Safety Recommendation H-99-6 of the National
Transportation Safety Board, issued February 26, 1999, closed.
SEC. 6306. NEW ENTRANT CARRIERS.
(a) Safety Review.--Section 31144(g)(1) is amended to read as
follows:
``(1) Safety review.--The Secretary shall require, by
regulation, each owner and operator issued a new registration
under section 13902 or 31134 to undergo a safety review under
this section--
``(A) except as provided by subparagraphs (B) and
(C), within the first 18 months after the date on which
the owner or operator begins operations under such
registration;
``(B) in the case of an owner or operator with
authority to transport hazardous materials, within the
first 9 months after the date on which the owner or
operator begins operations under such registration; and
``(C) in the case of an owner or operator with
authority to transport passengers, within the first 90
days after the date on which the owner or operator
begins operations under such registration.''.
(b) New Entrant Registration.--Section 31144(g)(4) is amended to read
as follows:
``(4) New entrant registration.--
``(A) In general.--Notwithstanding any other
provision of this title, any new registration issued
under section 13902 or 31134 shall each be designated
as new entrant registration until the safety review
required by paragraph (1) is completed.
``(B) Requirement for issuance of permanent operating
authority.--A new registration issued to an owner or
operator under section 13902 or 31134 shall become
permanent after the owner or operator has passed the
safety review required under paragraph (1).''.
(c) Funding.--Section 31144(g)(5) is amended to read as follows:
``(5) Funding.--
``(A) In general.--A State shall carry out the
requirements of this section with funds allocated to
the State under section 31104(f).
``(B) Determination.--If the Secretary determines
that a State or local government is not able to use
government employees to conduct new entrant motor
carrier safety reviews with funds allocated to the
State under section 31104(f), the Secretary may conduct
for the State or local government the safety reviews
that the State or local government is not able to
conduct with such funds.''.
(d) Federal Share.--Section 31103(b) is amended to read as follows:
``(b) New Entrant Motor Carrier Safety Reviews.--
``(1) Increase in share of costs.--Subject to paragraph (2),
the Secretary may reimburse a State an amount that is up to 100
percent of the costs incurred by the State in a fiscal year for
new entrant motor carrier safety reviews conducted under
section 31144(g).
``(2) Limitation.--The increased Federal share provided under
paragraph (1) shall apply with respect to reimbursements of
costs described in paragraph (1) made using not more than 20
percent of the funds allocated to a State under section
31104(f) for a fiscal year. Any such reimbursements made using
an amount in excess of 20 percent of such funds shall be
subject to the cost-sharing requirements of subsection (a).''.
(e) Conforming Amendment.--Section 31144(g) is amended, in the
subsection heading, by striking ``Safety Reviews of New Operators'' and
inserting ``New Entrant Motor Carrier Safety Reviews''.
SEC. 6307. IMPROVED OVERSIGHT OF MOTOR CARRIERS OF PASSENGERS.
Section 31144 is amended by adding at the end the following:
``(h) Safety Reviews of Owners and Operators of Interstate For-Hire
Commercial Motor Vehicles Designed or Used To Transport Passengers.--
``(1) In general.--Not later than September 30, 2015, the
Secretary shall determine the safety fitness of each owner, and
each operator, of a commercial motor vehicle designed or used
to transport passengers who the Secretary registers, on or
before September 30, 2014 (including before the date of
enactment of this subsection), under section 13902 or 31134.
``(2) Safety fitness rating.--As part of the safety fitness
determination required by paragraph (1), the Secretary shall
assign a safety fitness rating to each owner and each operator
described in paragraph (1).
``(3) Periodic monitoring.--
``(A) Process.--The Secretary shall establish a
process, by regulation, for monitoring on a regular
basis the safety performance of an owner or operator of
a commercial motor vehicle designed or used to
transport passengers, following the assignment of a
safety rating to such owner or operator.
``(B) Elements of monitoring and safety
enforcement.--Regulations issued under subparagraph (A)
shall provide for the following:
``(i) Monitoring of the safety performance,
in critical safety areas (as defined by the
Secretary, by regulation) of an owner or
operator of a commercial motor vehicle designed
or used to transport passengers (including by
activities conducted onsite at the offices of
the owner or operator or offsite).
``(ii) Increasingly more stringent
interventions designed to correct unsafe
practices of an owner or operator of a
commercial motor vehicle designed or used to
transport passengers.
``(iii) Periodic updates to the safety
fitness rating of an owner or operator if the
Secretary determines that such update will
improve the safety performance of the owner or
operator.
``(iv) Enforcement action, including
determining that the owner or operator is not
fit and may not operate a commercial motor
vehicle under subsection (c)(2).''.
SEC. 6308. DRIVER MEDICAL QUALIFICATIONS.
(a) Examination Requirement for National Registry of Medical
Examiners.--Section 31149(c)(1)(D) is amended to read as follows:
``(D) develop requirements applicable to a medical
examiner in order for the medical examiner to be listed
in the national registry established under this
section, including--
``(i) specific courses and materials that
must be completed;
``(ii) at a minimum, self-certification
requirements to verify that the medical
examiner has completed specific training,
including refresher courses, that the Secretary
determines are necessary; and
``(iii) an examination developed by the
Secretary for which a passing grade must be
achieved.''.
(b) Additional Oversight of Licensing Authorities.--
(1) In general.--Section 31149(c)(1) is amended--
(A) in subparagraph (E) by striking ``and'' at the
end;
(B) in subparagraph (F) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) review each year the implementation of
commercial driver's license requirements of a minimum
of 10 States to assess the accuracy, validity, and
timeliness of--
``(i) submission of physical examination
reports and medical certificates to State
licensing agencies; and
``(ii) the processing of such submissions by
State licensing agencies.''.
(2) Internal oversight policy.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
establish an oversight policy and process within the
Department for the purposes of carrying out the
requirement of section 31149(c)(1)(G) of title 49,
United States Code, as added by paragraph (1) of this
subsection.
(B) Effective date.--Section 31149(c)(1)(G) of title
49, United States Code, as added by paragraph (1) of
this subsection, shall take effect on the date that the
oversight policy and process is established pursuant to
subparagraph (A).
(c) Deadline for Establishment of National Registry of Medical
Examiners.--Not later than 1 year after the date of enactment of this
Act, the Secretary shall establish a national registry of medical
examiners as required by section 31149(d)(1) of title 49, United States
Code.
SEC. 6309. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS.
(a) Safety Standards for Commercial Motor Vehicles of Property.--
(1) Research.--The Secretary shall conduct research on the
need for roof strength, pillar strength, frontal and back wall
strength, and other potential occupant protection standards for
commercial motor vehicles of property.
(2) Commercial motor vehicle of property defined.--In this
subsection, the term ``commercial motor vehicle of property''
means a motor vehicle used in commerce to transport property
that has a gross vehicle weight rating or gross vehicle weight
of at least 26,001 pounds, whichever is greater.
(b) Safety Standards for Motorcoaches.--
(1) Safety standards for new motorcoaches.--
(A) Occupant protection systems.--
(i) In general.--Not later than 3 years after
the date of enactment of this Act, the
Secretary shall issue standards for motorcoach
occupant protection systems that account for
frontal impact collisions, side impact
collisions, rear impact collisions, and
rollovers. Such standards shall not eliminate
or lessen the occupant protection standards in
effect on the date of enactment of this Act and
shall--
(I) be based on sound scientific
research, extensive testing, and
analysis by the National Highway
Traffic Safety Administration,
consistent with the recommendations of
the National Transportation Safety
Board regarding motorcoach occupant
protection; and
(II) take into consideration the
various types of motorcoaches and the
various uses and configurations of the
occupant compartment as well as local,
State, and Federal size and weight
limits and restrictions.
(ii) Contents.--Such standards may include
seatbelts or other occupant protection systems,
passive or otherwise, for passengers, including
those in child safety restraint systems.
(iii) Consultation.--Prior to issuing such
standards, the Secretary shall consult with
affected parties, as appropriate, on the
proceedings leading to the issuance of the
standards required by this subparagraph. Any
communications concerning such consultation
shall be included in the public record of the
proceedings leading to the issuance of such
standards and shall be subject to public
comment.
(B) Roof strength.--
(i) Research and testing.--The Secretary
shall conduct research and testing on roof
strength to determine the method or methods
that provide adequate survival space for all
seating positions.
(ii) Standards.--Not later than 3 years after
the date of enactment of this Act, the
Secretary shall issue roof strength standards
for motorcoaches based on the results of such
research and testing and taking into account
all motorcoach window dimensions and highway
size and weight restrictions.
(C) Window glazing.--
(i) Research and testing.--The Secretary
shall conduct research and testing on advanced
window glazing and securement to determine the
best method or methods for window glazing to
prevent motorcoach occupant ejection.
(ii) Standards.--Not later than 3 years after
the date of enactment of this Act, the
Secretary shall revise window glazing standards
for motorcoaches based on the results of such
research and testing and taking into account
all motorcoach window dimensions and highway
height and weight restrictions.
(D) Fire prevention and mitigation.--
(i) Research and testing.--The Secretary
shall conduct research and testing to determine
the most prevalent causes of motorcoach fires
and the best methods to prevent such fires and
to mitigate the effect of such fires, both
inside and outside the motorcoach.
(ii) Standards.--Not later than 3 years after
the date of enactment of this Act, the
Secretary shall issue fire prevention and
mitigation standards for motorcoaches, based on
the results of the Secretary's research and
testing, taking into account motorcoach highway
size and weight restrictions.
(E) Emergency evacuation design.--
(i) Research and testing.--The Secretary
shall conduct research and testing to determine
any necessary changes in motorcoach design
standards, including windows and doors, to
improve motorcoach emergency evacuation.
(ii) Standards.--Not later than 3 years after
the date of enactment of this Act, the
Secretary shall issue motorcoach emergency
evacuation design standards, including--
(I) window standards that enhance the
use of windows for emergency evacuation
to the maximum extent feasible, while
not detracting from the window glazing
standards to be issued under this
paragraph; and
(II) door standards, including design
of the wheelchair lift door for
emergency evacuation use.
(iii) Motorcoach highway size and weight
restrictions.--Such standards shall take into
account motorcoach highway size and weight
restrictions.
(F) General provisions.--
(i) Effect on state and local laws.--
Notwithstanding any provision of chapter 301 of
title 49, United States Code, a State or a
political subdivision of a State may not adopt
or enforce a law or regulation related to a
motorcoach crash avoidance and occupant
protection system prior to the effective date
of the regulations issued pursuant to this
paragraph.
(ii) Applicability of standards.--The
standards issued under subparagraphs (A)
through (E) shall require motorcoaches
manufactured after the last day of 3-year
period beginning on the date on which such
standards are issued to be engineered and
equipped to meet such standards.
(iii) Limitation on statutory construction.--
Nothing in this subsection or in the
regulations issued pursuant to this subsection
may be construed as indicating an intention by
Congress to affect, change, or modify in any
way the liability, if any, of a motorcoach
manufacturer or motorcoach owner or operator
under applicable law to buses or motorcoaches,
manufactured and operated with or without
passenger seat belts or other passenger
restraint systems, prior to the effective date
of the regulations issued under this
subsection.
(2) Safety standards for existing motorcoaches.--
(A) In general.--The Secretary may issue standards
for motorcoaches that are manufactured before the date
that is 3 years after the date on which the standards
required under paragraph (1) are issued, taking into
account the limitations posed by the need to retrofit
existing motorcoaches. Such standards shall have the
same objectives as the standards required under
subparagraphs (A) through (E) of paragraph (1), but may
differ from such standards based on what is technically
feasible for existing motorcoaches. Such standards are
technically feasible if the equipment can be certified
by the original equipment manufacturer as meeting
requisite performance requirements and if the equipment
is readily attachable subsequent to initial manufacture
by the operator and enforced through readily visible
inspection requiring no disassembly.
(B) Standards for component parts and equipment.--In
lieu of issuing comprehensive standards for
motorcoaches under subparagraph (A), the Secretary may
develop standards for various component parts and
equipment of motorcoaches that would increase occupant
protection.
(C) Effective date.--The effective date for the
standards issued under this subsection shall be the
same as the effective date for the standards issued
under paragraph (1).
(D) Certification.--The Secretary shall establish, by
regulation, a system whereby the motorcoaches to which
the standards issued under subparagraph (A) apply shall
be certified as in compliance with such standards. Such
certification shall be carried out by the Secretary or
by private parties at the discretion and authorization
of the Secretary.
(3) Compliance timetables.--
(A) Effective date.--The effective date of the
standards issued under paragraphs (1) and (2) shall be
3 years after the date on which such final standards
are issued. All motorcoaches manufactured after such
date shall comply with such standards.
(B) Phased in requirements.--
(i) First phase.--Not later than 6 years
after the effective date of the standards
issued under paragraphs (1) and (2), a
motorcoach owner or operator shall ensure that
at least 50 percent of the motorcoaches used by
the owner or operator comply with either the
standards issued under paragraph (1) or the
standards issued under paragraph (2), as
appropriate.
(ii) Second phase.--Not later than 12 years
after the effective date of the standards
issued under paragraphs (1) and (2), a
motorcoach owner or operator shall ensure that
100 percent of the motorcoaches used by the
owner or operator comply with either of such
standards.
(C) State and local laws.--
(i) Liability of motorcoach manufacturers and
owners and operators.--Nothing in this
subsection may be construed to affect, change,
or modify in any way the liability, if any, of
a motorcoach manufacturer or motorcoach owner
or operator under applicable law to buses or
motorcoaches unless the manufacturer or owner
or operator is shown not to be in compliance
with the timetables set forth in subparagraphs
(A) and (B).
(ii) Preemption.--Notwithstanding any
provision of chapter 301 of title 49, United
States Code, a State or a political subdivision
of a State may not adopt or enforce a law or
regulation related to any of the standards
required by paragraphs (1) and (2) during the
time periods set forth in subparagraphs (A) and
(B).
(4) Definition of motorcoach.--In this subsection, the term
``motorcoach'' means an over-the-road bus, characterized by an
elevated passenger deck located over a baggage compartment.
SEC. 6310. CRASH AVOIDANCE TECHNOLOGY.
(a) Study.--The Secretary shall study the effectiveness of crash
avoidance technologies as countermeasures to lessen the impact of
distracted driving in commercial motor vehicle crashes.
(b) Report to Congress.--Not later than October 1, 2013, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the results of the study.
SEC. 6311. EXPANSION OF COLLISION MITIGATION STUDY.
(a) Study.--The Secretary shall expand the ongoing study of the
Department on collision mitigation systems in commercial motor vehicles
to include systems that can react to a stopped vehicle.
(b) Report to Congress.--Not later than October 1, 2013, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the results of the study.
Subtitle D--Commercial Motor Vehicle Operators
SEC. 6401. NATIONAL CLEARINGHOUSE FOR RECORDS RELATING TO ALCOHOL AND
CONTROLLED SUBSTANCES TESTING OF COMMERCIAL MOTOR
VEHICLE OPERATORS.
(a) In General.--Chapter 313 is amended by inserting after section
31306 the following:
``Sec. 31306a. National clearinghouse for records relating to alcohol
and controlled substances testing
``(a) Establishment.--
``(1) In general.--Subject to the requirements of this
section, the Secretary of Transportation shall establish and
maintain an information system that will serve as a national
clearinghouse for records relating to the alcohol and
controlled substances testing program applicable to operators
of commercial motor vehicles under section 31306.
``(2) Purposes.--The purposes of the clearinghouse shall be--
``(A) to improve compliance with the requirements of
the testing program; and
``(B) to help prevent accidents and injuries
resulting from the misuse of alcohol or use of
controlled substances by operators of commercial motor
vehicles.
``(3) Contents.--The clearinghouse shall be a repository of
records relating to violations of the testing program by
individuals submitted to the Secretary in accordance with this
section.
``(4) Electronic exchange of records.--The Secretary shall
ensure the ability for records to be submitted to the
clearinghouse, and requested from the clearinghouse, on an
electronic basis.
``(5) Deadline.--The Secretary shall establish the
clearinghouse not later than 1 year after the date of enactment
of this section.
``(b) Employment Prohibitions.--
``(1) In general.--An employer may permit an individual to
operate a commercial motor vehicle or perform any other safety
sensitive function only if the employer makes a request for
information from the clearinghouse at such times as the
Secretary shall specify, by regulation, and the information in
the clearinghouse at the time of the request indicates that the
individual--
``(A) has not violated the requirements of the
testing program in the preceding 3-year period; or
``(B) if the individual has violated the requirements
of the testing program during that period, is eligible
to return to safety sensitive duties pursuant to the
return-to-duty process established under the testing
program.
``(2) Violations.--For purposes of paragraph (1), an
individual shall be considered to have violated the
requirements of the testing program if the individual--
``(A) has a confirmed or verified, as applicable,
positive alcohol or controlled substances test result
under the testing program;
``(B) has failed or refused to submit to an alcohol
or controlled substances test under the testing
program; or
``(C) has otherwise failed to comply with the
requirements of the testing program.
``(3) Applicability.--Paragraph (1) shall apply to an
individual who performs a safety sensitive function for an
employer as a full-time regularly employed driver, casual,
intermittent, or occasional driver, or leased driver, or
independent owner-operator contractor of such employer or, as
determined by the Secretary, pursuant to another arrangement.
``(4) Written notice that clearinghouse is operational.--The
Secretary shall issue a written notice when the Secretary
determines that the clearinghouse is operational and employers
are able to use the clearinghouse to meet the requirements of
section 382.413 of title 49, Code of Federal Regulations, as in
effect on the date of enactment of this section.
``(5) Effective date.--Paragraph (1) shall take effect on a
date specified by the Secretary in the written notice issued
under paragraph (4) that is not later than 30 days after the
date of issuance of the written notice.
``(6) Continued application of existing requirements.--
Following the date on which paragraph (1) takes effect, an
employer shall continue to be subject to the requirements of
section 382.413 of title 49, Code of Federal Regulations, as in
effect on the date of enactment of this section, for a period
of 3 years or for such longer period as the Secretary
determines appropriate.
``(7) Notice of requirements applicable to employers.--The
Secretary shall provide notice of the requirements applicable
to employers under this section through published notices in
the Federal Register.
``(c) Reporting of Records.--
``(1) In general.--The Secretary shall require employers and
appropriate service agents, including medical review officers,
to submit to the Secretary for inclusion in the clearinghouse
records of violations of the testing program by individuals
described in subsection (b)(3).
``(2) Specific reporting requirements.--In carrying out
paragraph (1), the Secretary shall require, at a minimum--
``(A) a medical review officer to report promptly, as
determined by the Secretary, to the clearinghouse--
``(i) a verified positive controlled
substances test result of an individual under
the testing program; and
``(ii) a failure or refusal of an individual
to submit to a controlled substances test in
accordance with the requirements of the testing
program; and
``(B) an employer (or, in the case of an operator of
a commercial motor vehicle who is self-employed, the
service agent administering the operator's testing
program) to report promptly, as determined by the
Secretary, to the clearinghouse--
``(i) a confirmed positive alcohol test
result of an individual under the testing
program; and
``(ii) a failure or refusal of an individual
to provide a specimen for a controlled
substances test in accordance with the
requirements of the testing program.
``(3) Updating of records.--The Secretary shall ensure that a
record in the clearinghouse is updated to include a return-to-
duty test result of an individual under the testing program.
``(4) Inclusion of records in clearinghouse.--The Secretary
shall include all records of violations received pursuant to
this subsection in the clearinghouse.
``(5) Modifications and deletions.--If the Secretary
determines that a record contained in the clearinghouse is not
accurate, the Secretary shall modify or delete the record.
``(6) Notification of individuals.--The Secretary shall
establish a process to provide notification to an individual
of--
``(A) a submission of a record to the clearinghouse
relating to the individual; and
``(B) any modification or deletion of a record in the
clearinghouse pertaining to the individual, including
the reason for the modification or deletion.
``(7) Timely and accurate reporting.--The Secretary may
establish additional requirements, as appropriate, to ensure
timely and accurate reporting of records to the clearinghouse.
``(8) Deletion of records.--The Secretary shall delete a
record of a violation submitted to the clearinghouse after a
period of 3 years beginning on the date the individual is
eligible to return to safety sensitive duties pursuant to the
return-to-duty process established under the testing program.
``(d) Access to Clearinghouse by Employers.--
``(1) In general.--The Secretary shall establish a process
for an employer to request and receive records in the
clearinghouse pertaining to an individual in accordance with
subsection (b).
``(2) Written consent of individuals.--An employer shall
obtain the written consent of an individual before requesting
any records in the clearinghouse pertaining to the individual.
``(3) Access to records.--Upon receipt of a request for
records from an employer under paragraph (1), the Secretary
shall provide the employer with access to the records as
expeditiously as practicable.
``(4) Records of requests.--The Secretary shall require an
employer to maintain for a 3-year period--
``(A) a record of each request made by the employer
for records from the clearinghouse; and
``(B) any information received pursuant to the
request.
``(5) Use of records.--
``(A) In general.--An employer--
``(i) may obtain from the clearinghouse a
record pertaining to an individual only for the
purpose of determining whether a prohibition
applies with respect to the individual to
operate a commercial motor vehicle or perform
any other safety sensitive function under
subsection (b)(1); and
``(ii) may use the record only for such
purpose.
``(B) Protection of privacy of individuals.--An
employer that receives a record from the clearinghouse
pertaining to an individual shall protect the privacy
of the individual and the confidentiality of the
record, including taking reasonable precautions to
ensure that information contained in the record is not
divulged to any person who is not directly involved in
determining whether a prohibition applies with respect
to the individual to operate a commercial motor vehicle
or perform any other safety sensitive function under
subsection (b)(1).
``(e) Access to Clearinghouse by Individuals.--
``(1) In general.--The Secretary shall establish a process
for an individual to request and receive information from the
clearinghouse--
``(A) to learn whether a record pertaining to the
individual is contained in the clearinghouse;
``(B) to verify the accuracy of the record;
``(C) to verify updates to the individual's record,
including completion of a return-to-duty process under
the testing program; and
``(D) to learn of requests for information from the
clearinghouse regarding the individual.
``(2) Dispute procedure.--The Secretary shall establish a
procedure, including an appeal process, for an individual to
dispute and remedy an administrative error in a record
pertaining to the individual in the clearinghouse, except that
the appeal process shall not be used to dispute or remedy the
validity of a controlled substance or alcohol test result.
``(3) Access to records.--Upon receipt of a request for
records from an individual under paragraph (1), the Secretary
shall provide the individual with access to the records as
expeditiously as practicable.
``(f) Access to Clearinghouse by Chief Commercial Driver Licensing
Officials.--
``(1) In general.--The Secretary shall establish a process
for the chief commercial driver licensing official of a State
to request and receive records pertaining to an individual from
the clearinghouse.
``(2) Use of information.--The chief commercial driver
licensing official of a State may not obtain from the
clearinghouse a record pertaining to an individual for any
purpose other than to take an action related to a commercial
driver's license for the individual under applicable State law
or to comply with section 31311(a)(22).
``(g) Use of Clearinghouse Information for Enforcement Purposes.--The
Secretary may use the records in the clearinghouse for the purposes of
enforcement activities under this chapter.
``(h) Design of Clearinghouse.--
``(1) In general.--In establishing the clearinghouse, the
Secretary shall develop a secure process for--
``(A) registration, authorization, and authentication
of a user of the clearinghouse;
``(B) registration, authorization, and authentication
of individuals required to report to the clearinghouse
under subsection (c);
``(C) preventing information from the clearinghouse
from being accessed by unauthorized users;
``(D) timely and accurate electronic submissions of
data to the clearinghouse under subsection (c);
``(E) timely and accurate access to records from the
clearinghouse under subsections (d), (e), and (f); and
``(F) updates to an individual's record related to
compliance with the return-to-duty process under the
testing program.
``(2) Archive capability.--The clearinghouse shall be
designed to allow for an archive of the receipt, modification,
and deletion of records for the purposes of auditing and
evaluating the timeliness, accuracy, and completeness of data
in the clearinghouse.
``(3) Security standards.--The clearinghouse shall be
designed and administered in compliance with applicable
Department of Transportation information technology security
standards.
``(4) Interoperability with other systems.--In establishing
the clearinghouse and developing requirements for data to be
included in the clearinghouse, the Secretary, to the maximum
extent practicable, shall take into consideration--
``(A) existing information systems containing
regulatory and safety data for motor vehicle operators;
``(B) the efficacy of using or combining
clearinghouse data with 1 or more of such systems; and
``(C) the potential interoperability of the
clearinghouse with existing and future information
systems containing regulatory and safety data for motor
vehicle operators.
``(i) Privacy.--
``(1) Availability of clearinghouse information.--The
Secretary shall establish a process to make information
available from the clearinghouse in a manner that is consistent
with this section and applicable Federal information and
privacy laws, including regulations.
``(2) Unauthorized individuals.--The Secretary may not
provide information from the clearinghouse to an individual who
is not authorized by this section to receive the information.
``(j) Fees.--
``(1) Authority to collect fees.--
``(A) General authority.--The Secretary may collect
fees for requests for information from the
clearinghouse.
``(B) Amount to be collected.--Fees collected under
this subsection in a fiscal year shall equal as nearly
as possible the costs of operating the clearinghouse in
that fiscal year, including personnel costs.
``(C) Receipts to be credited as offsetting
collections.--The amount of any fee collected under
this subsection shall be--
``(i) credited as offsetting collections to
the account that finances the activities and
services for which the fee is imposed; and
``(ii) available without further
appropriation for such activities and services
until expended.
``(2) Limitation.--The Secretary shall ensure that an
individual requesting information from the clearinghouse in
order to dispute or remedy an error in a record pertaining to
the individual pursuant to subsection (e)(2) may obtain the
information without being subject to a fee authorized by
paragraph (1).
``(k) Enforcement.--An employer, and any person acting as a service
agent, shall be subject to civil and criminal penalties for a violation
of this section in accordance with section 521(b).
``(l) Definitions.--In this section, the following definitions apply:
``(1) Chief commercial driver licensing official.--The term
`chief commercial driver licensing official' means the official
in a State who is authorized--
``(A) to maintain a record about a commercial
driver's license issued by the State; and
``(B) to take action on a commercial driver's license
issued by the State.
``(2) Clearinghouse.--The term `clearinghouse' means the
clearinghouse to be established under subsection (a).
``(3) Employer.--Notwithstanding section 31301, the term
`employer' means a person or entity employing 1 or more
employees (including an individual who is self-employed) that
is subject to Department of Transportation requirements under
the testing program. The term does not include a service agent.
``(4) Medical review officer.--The term `medical review
officer' means a person who is a licensed physician and who is
responsible for receiving and reviewing laboratory results
generated under the testing program and evaluating medical
explanations for certain controlled substances test results.
``(5) Safety sensitive function.--The term `safety sensitive
function' has the meaning such term has under part 382 of title
49, Code of Federal Regulations, or any successor regulation.
``(6) Service agent.--The term `service agent' means a person
or entity, other than an employee of an employer, who provides
services covered by part 40 of title 49, Code of Federal
Regulations, or any successor regulation, to employers or
employees (or both) under the testing program, and the term
includes a medical review officer.
``(7) Testing program.--The term `testing program' means the
alcohol and controlled substances testing program established
under section 31306.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 31306 the following:
``31306a. National clearinghouse for records relating to alcohol and
controlled substances testing.''.
(c) Penalties.--
(1) Application of penalty.--Section 31306(j) is amended by
inserting ``An employer, including an individual who is self-
employed, shall be subject to civil and criminal penalties in
accordance with section 521(b) for a violation of this
section.'' before ``This section''.
(2) Violations relating to commercial motor vehicle safety
regulations and operators.--Section 521(b) is amended--
(A) in paragraph (1)(A) by inserting ``31306,
31306a,'' before ``31310(g)(1)(A)'';
(B) in paragraphs (2)(A), (2)(B), and (6)(A) by
inserting ``31306, 31306a, or'' before ``31502''; and
(C) in paragraph (5)(A) by inserting ``31306,
31306a,'' before ``or 31502''.
(3) Controlled substance or alcohol testing.--Any person
acting as a service agent under the Secretary's regulations in
part 40 of title 49, Code of Federal Regulations, as in effect
on the date of enactment of this Act, who violates the
requirements prescribed by the Secretary for conducting alcohol
or controlled substances testing under such part or any related
regulation of the Department shall be liable to the United
States Government for a civil penalty of not more than $10,000
for each violation. Each day that a violation continues shall
constitute a separate violation.
SEC. 6402. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue final regulations establishing
minimum training requirements for commercial motor vehicle operators.
(b) Requirements.--The regulations shall--
(1) require commercial motor vehicle operators, before
obtaining a commercial driver's license for the first time or
upgrading from one class of commercial driver's license to
another, to receive training that meets the requirements
established by the Secretary;
(2) address the knowledge and skills necessary for an
operator of a commercial motor vehicle to safely operate a
commercial motor vehicle;
(3) address the specific and additional training needs of
commercial motor vehicle operators seeking passenger or
hazardous materials endorsements;
(4) require instruction that is effective for acquiring the
knowledge and skills referred to in paragraphs (2) and (3);
(5) require the issuance of a certification that a commercial
motor vehicle operator has met the requirements established by
the Secretary; and
(6) require a training provider (including public or private
driving schools, motor carriers, or owners or operators of a
commercial motor vehicle) offering training that results in the
issuance of a certification to an operator under paragraph (5)
to demonstrate that such training meets the requirements of the
regulations, through a process established by the Secretary.
(c) Commercial Driver's License Uniform Standards.--Section 31308(1)
is amended to read as follows:
``(1) an individual issued a commercial driver's license--
``(A) pass written and driving tests for the
operation of a commercial motor vehicle that comply
with the minimum standards prescribed by the Secretary
under section 31305(a); and
``(B) present certification of completion of driver
training that meets the requirements established by the
Secretary under section 4042 of the Motor Carrier
Safety, Efficiency, and Accountability Act of 2012;''.
SEC. 6403. COMMERCIAL DRIVER'S LICENSE PROGRAM.
(a) In General.--Section 31309(e)(4)(A) is amended by striking the
period at the end and inserting ``and must use the systems to receive
and submit conviction and disqualification data.''.
(b) Requirements for State Participation.--
(1) In general.--Section 31311(a) is amended--
(A) in paragraph (5) by striking ``At least'' and all
that follows through ``regulation),'' and inserting the
following: ``Within the time period the Secretary
prescribes by regulation,''; and
(B) by adding at the end the following:
``(22) Before renewing or issuing a commercial driver's
license to an individual, the State shall request information
pertaining to the individual from the drug and alcohol
clearinghouse maintained under section 31306a.
``(23) The State shall ensure that the State's commercial
driver's license information system complies with applicable
Federal information technology standards.''.
(2) State commercial driver's license program plan.--Section
31311 is amended by adding at the end the following:
``(d) State Commercial Driver's License Program Plan.--
``(1) In general.--A State shall develop and submit to the
Secretary for approval a plan for complying with the
requirements of subsection (a) in the period beginning on the
date that the plan is approved and ending on September 30,
2017.
``(2) Contents.--A plan submitted by a State under paragraph
(1) shall identify--
``(A) the actions that the State must take to address
any deficiencies in the State's commercial driver's
license program, as identified by the Secretary in the
most recent audit of the program; and
``(B) other actions that the State must take to
comply with the requirements of subsection (a).
``(3) Priority.--
``(A) Implementation schedule.--A plan submitted by a
State under paragraph (1) shall include a schedule for
the implementation of the actions identified under
paragraph (2).
``(B) Deadline for compliance with requirements.--A
plan submitted by a State under paragraph (1) shall
include assurances that the State will take the
necessary actions to comply with the requirements of
subsection (a) not later than September 30, 2017.
``(4) Approval and disapproval.--The Secretary shall--
``(A) review a plan submitted by a State under
paragraph (1); and
``(B)(i) approve the plan if the Secretary determines
that the plan is adequate to promote the objectives of
this section; or
``(ii) disapprove the plan.
``(5) Modification of disapproved plans.--If the Secretary
disapproves a plan under this subsection, the Secretary shall--
``(A) provide the State a written explanation of the
disapproval; and
``(B) allow the State to modify and resubmit the plan
for approval.
``(6) Plan updates.--The Secretary may require States to
review and update plans, as appropriate.''.
(3) Annual comparison of state levels of compliance.--Section
31311 is further amended by adding at the end the following:
``(e) Annual Comparison of State Levels of Compliance.--On an annual
basis, the Secretary shall--
``(1) conduct a comparison of the relative levels of
compliance by States with the requirements of subsection (a);
and
``(2) make available to the public the results of the
comparison, using a mechanism that the Secretary determines
appropriate.''.
(c) Grants for Commercial Driver's License Program Implementation.--
(1) In general.--Section 31313(a) is amended to read as
follows:
``(a) Grants for Commercial Driver's License Program
Implementation.--
``(1) In general.--The Secretary of Transportation may make a
grant to a State in a fiscal year to assist the State in
complying with the requirements of section 31311.
``(2) Eligibility.--A State shall be eligible for a grant
under this subsection if the State has in effect a commercial
driver's license program plan approved by the Secretary under
section 31311(d).
``(3) Uses of grant funds.--A State may use grant funds under
this subsection--
``(A) to comply with section 31311; and
``(B) in the case of a State that is making a good
faith effort toward substantial compliance with the
requirements of section 31311 and this section, to
improve its implementation of its commercial driver's
license program, including expenses--
``(i) for computer hardware and software;
``(ii) for publications, testing, personnel,
training, and quality control;
``(iii) for commercial driver's license
program coordinators; and
``(iv) to establish and implement a system to
notify an employer of an operator of a
commercial motor vehicle of a suspension or
revocation of such operator's driver's license.
``(C) Prohibitions.--A State may not use grant funds
under this subsection to rent, lease, or buy land or
buildings.
``(4) Maintenance of expenditures.--The Secretary may make a
grant to a State under this subsection only if the State
provides assurances satisfactory to the Secretary that the
total expenditure of amounts of the State and political
subdivisions of the State (not including amounts of the United
States) for the State's commercial driver's license program
will be maintained at a level that at least equals the average
level of that expenditure by the State and political
subdivisions of the State for the most recent 3 fiscal years
ending before the date of enactment of the Motor Carrier
Safety, Efficiency, and Accountability Act of 2012.''.
(2) Apportionment.--Section 31313 is amended--
(A) by striking subsections (b) and (c);
(B) by redesignating subsection (d) as subsection
(b); and
(C) by striking subsection (b) (as so redesignated)
and inserting the following:
``(b) Apportionment.--
``(1) Apportionment formula.--Subject to paragraph (2), the
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States in the ratio that--
``(A) the number of commercial driver's licenses
issued in each State; bears to
``(B) the total number of commercial driver's
licenses issued in all States.
``(2) Minimum apportionment.--The apportionment to each State
that has in effect a commercial driver's license program plan
approved by the Secretary under section 31311(d) shall be not
less than one-half of 1 percent of the total funds available to
carry out this section.''.
(3) Conforming amendment.--The section heading for section
31313 is amended by striking ``improvements'' and inserting
``implementation''.
(4) Clerical amendment.--The analysis for chapter 313 is
amended by striking the item relating to section 31313 and
inserting the following:
``31313. Grants for commercial driver's license program
implementation.''.
SEC. 6404. COMMERCIAL DRIVER'S LICENSE PASSENGER ENDORSEMENT
REQUIREMENTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall review and assess the current
knowledge and skill testing requirements for a commercial driver's
license passenger endorsement to determine what improvements to the
knowledge test or examination of driving skills are necessary to ensure
the safe operation of commercial motor vehicles designed or used to
transport passengers.
(b) Report.--Not later than 120 days after completion of the review
and assessment under subsection (a), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) a report on the review and assessment conducted under
subsection (a);
(2) a plan to implement any changes to the knowledge and
skills tests; and
(3) a timeframe by which the Secretary will implement the
changes.
SEC. 6405. COMMERCIAL DRIVER'S LICENSE HAZARDOUS MATERIALS ENDORSEMENT
EXEMPTION.
(a) In General.--The Secretary may not require an individual with a
class A commercial driver's license to obtain a hazardous materials
endorsement under part 383 of title 49, Code of Federal Regulations (or
any successor regulation), in order to operate a service vehicle
carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or
less if--
(1) the tank containing such fuel is clearly marked with a
placard reading ``Diesel Fuel''; and
(2) the individual is acting within the scope of the
individual's employment as an employee of any of the following
farm-related service industries:
(A) Agri-chemical business.
(B) Custom harvesters.
(C) Farm retail outlets and suppliers.
(D) Livestock feeders.
(b) Implementation.--The Secretary shall carry out subsection (a) in
a manner consistent with the exemption provided to restricted
commercial driver's license holders under section 383.3(f) of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this Act.
SEC. 6406. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER'S
LICENSES.
(a) Establishment.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Defense and in cooperation with the States, shall establish accelerated
licensing procedures to assist veterans to acquire commercial driver's
licenses.
(b) Accelerated Licensing Procedures.--The procedures established
under subsection (a) shall be designed to be applicable to any veteran
who--
(1) is attempting to acquire a commercial driver's license;
and
(2) obtained, during military service, driving experience
that, in the determination of the Secretary, makes the use of
accelerated licensing procedures appropriate.
(c) Definitions.--In this section, the following definitions apply:
(1) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given that term in section
31301 of title 49, United States Code.
(2) State.--The term ``State'' has the meaning given that
term in section 31301 of title 49, United States Code.
(3) Veteran.--The term ``veteran'' has the meaning given that
term in section 101 of title 38, United States Code.
Subtitle E--Motor Carrier Safety
SEC. 6501. MOTOR CARRIER TRANSPORTATION.
Section 13506(a)(4) is amended by inserting ``in interstate or
intrastate commerce'' after ``a motor vehicle''.
SEC. 6502. HOURS OF SERVICE STUDY.
(a) Hours of Service Study.--
(1) In general.--Not later than March 31, 2013, the Secretary
shall complete a field study on the efficacy of the restart
rule published on December 27, 2011 (in this section referred
to as the ``2011 restart rule''), applicable to operators of
commercial motor vehicles of property subject to maximum
driving time requirements of the Secretary.
(2) Requirement.--The study shall expand upon the results of
the laboratory-based study relating to commercial motor vehicle
driver fatigue sponsored by the Federal Motor Carrier Safety
Administration presented in the report of December 2010 titled
``Investigation into Motor Carrier Practices to Achieve Optimal
Commercial Motor Vehicle Driver Performance: Phase I''.
(3) Criteria.--In conducting the field study, the Secretary
shall ensure that--
(A) the methodology for the field study is
consistent, to the maximum extent possible, with the
laboratory-based study methodology;
(B) the data collected is representative of the
drivers and motor carriers affected by the maximum
driving time requirements;
(C) the analysis is statistically valid; and
(D) the field study follows the plan for the
``Scheduling and Fatigue Recovery Project'' developed
by the Federal Motor Carrier Safety Administration.
(b) Report to Congress.--Not later than April 30, 2013, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing the results of the
study.
(c) Rule Modification and Implementation.--
(1) Applicable restart rule.--The restart rule published on
November 19, 2008, shall remain in effect until the Secretary
completes the field study on the 2011 restart rule under
subsection (a).
(2) Implementation on schedule.--If the Secretary determines
that the results of the field study support the 2011 restart
rule, the rule shall be implemented beginning on the effective
date established in the rule.
(3) Modification.--
(A) In general.--If the Secretary determines that the
results of the field study do not support the 2011
restart rule, the Secretary shall--
(i) stay the implementation of the rule; and
(ii) conduct a rulemaking to modify the rule
based on the results of the study.
(B) Interim rule.--If the Secretary stays the
implementation of the 2011 restart rule under
subparagraph (A)(i), the restart rule published on
November 19, 2008, shall remain in effect until the
effective date of a final rule issued under
subparagraph (A)(ii).
SEC. 6503. ELECTRONIC LOGGING DEVICES.
(a) In General.--If the Secretary issues regulations regarding
electronic logging devices to be used to monitor compliance with the
Secretary's requirements for hours of service of drivers under part 395
of title 49, Code of Federal Regulations, the regulations shall include
performance standards.
(b) Performance Standards and Certification Criteria.--
(1) Performance standards.--Any performance standards issued
under subsection (a) shall ensure, at a minimum, that an
electronic logging device installed in a commercial motor
vehicle--
(A) is synchronized to the operation of the vehicle
engine or is capable of recognizing when the vehicle is
being operated;
(B) is able to identify each individual who operates
the vehicle and track the periods during which such
individual operates the vehicle;
(C) automatically creates a record of all changes in
duty status necessary to determine compliance with part
395 of title 49, Code of Federal Regulations;
(D) enables law enforcement personnel to access
information contained in the recorder quickly and
easily during a roadside inspection; and
(E) is tamperproof.
(2) Certification criteria.--
(A) In general.--If the Secretary issues regulations
described in subsection (a), the Secretary, in issuing
the regulations, shall establish the criteria and a
process for the certification of electronic logging
devices to ensure that such devices meet the
performance standards issued under subsection (a).
(B) Effect of noncertification.--Electronic logging
devices that are not certified in accordance with the
certification process established under subparagraph
(A) shall not be acceptable evidence of hours of
service and record of duty status requirements under
part 395 of title 49, Code of Federal Regulations.
(3) Additional requirements.--If the Secretary issues
regulations described in subsection (a), the Secretary, in
issuing the regulations, shall--
(A) define a standardized user interface to aid
vehicle operator compliance and law enforcement
reviews;
(B) establish a secure process for--
(i) standardized and unique vehicle operator
identification;
(ii) data access;
(iii) data transfer for vehicle operators
between motor vehicles;
(iv) data storage for motor carriers; and
(v) data transfer and transportability for
law enforcement;
(C) establish a standard security level for
electronic logging devices to be tamperproof; and
(D) establish rules necessary to ensure that
electronic logging devices will not be used to harass a
vehicle operator.
(c) Additional Considerations.--If the Secretary issues regulations
described in subsection (a), the Secretary, in issuing the regulations,
shall--
(1) evaluate the ability of electronic logging device
technologies that meet the performance standards described in
subsection (b)--
(A) to record accurately the time an individual
operating a commercial motor vehicle spends on duty but
not driving, including time spent loading and
unloading; and
(B) to ensure all time on duty is accounted for and
cannot be altered or otherwise tampered with by the
operator or motor carrier;
(2) reduce or eliminate requirements for drivers and motor
carriers to retain supporting documentation associated with
paper-based records of duty status if--
(A) data contained in an electronic logging device
supplants such documentation; and
(B) using such data without paper-based records does
not diminish the Secretary's ability to audit and
review compliance with the Secretary's hours of service
regulations;
(3) include such measures as the Secretary determines are
necessary to protect the privacy of individuals whose personal
information is contained in an electronic logging device;
(4) include such measures as are necessary to ensure that any
information collected by the electronic logging device is used
by enforcement personnel only for the purpose of determining
compliance with hours-of-service requirements and is stored no
longer than necessary under the rules; and
(5) include such measures as are necessary to prohibit public
access to data collected by electronic logging devices.
(d) Use of Data.--
(1) In general.--The Secretary may utilize information
contained in an electronic logging device only to enforce the
Secretary's motor carrier safety and related regulations,
including record-of-duty status regulations.
(2) Measures to preserve confidentiality of personal data.--
The Secretary shall institute appropriate measures to preserve
the confidentiality of any personal data contained in an
electronic logging device and disclosed in the course of
actions taken by the Secretary or law enforcement officials to
enforce the regulations referred to in paragraph (1).
(e) Definitions.--In this section, the following definitions apply:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given that term in section 31132 of
title 49, United States Code.
(2) Electronic logging device.--The term ``electronic logging
device'' means an electronic device that acquires and stores
data showing the record of duty status of the vehicle operator.
(3) Tamperproof.--The term ``tamperproof'' means to not allow
any individual to cause an electronic device to record the
incorrect duty status of a commercial motor vehicle operator
under part 395 of title 49, Code of Federal Regulations, or to
subsequently alter the record created by that device.
SEC. 6504. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144(d) of SAFETEA-LU (49 U.S.C. 31100 note; 119 Stat. 1748)
is amended by striking ``shall terminate'' and all that follows through
the period at the end and inserting ``shall terminate on September 30,
2017.''.
SEC. 6505. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM
SUPPLIES.
Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999
(49 U.S.C. 31136 note) is amended to read as follows:
``(1) Transportation of agricultural commodities and farm
supplies.--Regulations issued by the Secretary under sections
31136 and 31502 of title 49, United States Code, regarding
maximum driving and on-duty time for a driver used by a motor
carrier, shall not apply during a planting or harvest period of
a State, as that period is determined by the State, to--
``(A) drivers transporting agricultural commodities
in the State from the source of the agricultural
commodities to a location within a 150 air-mile radius
from the source;
``(B) drivers transporting farm supplies for
agricultural purposes in the State from a wholesale or
retail distribution point of the farm supplies to a
farm or other location where the farm supplies are
intended to be used within a 150 air-mile radius from
the distribution point; or
``(C) drivers transporting farm supplies for
agricultural purposes in the State from a wholesale
distribution point of the farm supplies to a retail
distribution point of the farm supplies within a 150
air-mile radius from the wholesale distribution
point.''.
SEC. 6506. EXEMPTION RELATING TO TRANSPORTATION OF GRAPES DURING
HARVEST PERIODS.
Regulations issued by the Secretary of Transportation under sections
31136 and 31502 of title 49, United States Code, regarding maximum
driving and on-duty time for a driver used by a motor carrier, shall
not apply, beginning on the date of enactment of this Act, to a driver
transporting grapes in a State if the transportation--
(1) is during a harvest period (as that period is determined
by the State); and
(2) is limited to an area within a 175 air-mile radius from
the location where the grapes are picked or distributed.
Subtitle F--Miscellaneous
SEC. 6601. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES.
(a) Federal Requirements.--A covered farm vehicle, including the
individual operating that vehicle, shall be exempt from the following:
(1) Any requirement relating to commercial driver's licenses
established under chapter 313 of title 49, United States Code.
(2) Any requirement relating to drug testing established
under chapter 313 of title 49, United States Code.
(3) Any requirement relating to medical certificates
established under--
(A) subchapter III of chapter 311 of title 49, United
States Code; or
(B) chapter 313 of title 49, United States Code.
(4) Any requirement relating to hours of service established
under--
(A) subchapter III of chapter 311 of title 49, United
States Code; or
(B) chapter 315 of title 49, United States Code.
(b) State Requirements.--
(1) In general.--Federal transportation funding to a State
may not be terminated, limited, or otherwise interfered with as
a result of the State exempting a covered farm vehicle,
including the individual operating that vehicle, from any State
requirement relating to the operation of that vehicle.
(2) Exception.--Paragraph (1) does not apply with respect to
a covered farm vehicle transporting hazardous materials that
require a placard.
(c) Covered Farm Vehicle Defined.--
(1) In general.--In this section, the term ``covered farm
vehicle'' means a motor vehicle--
(A) that--
(i) is traveling in the State in which the
vehicle is registered or another State;
(ii) is operated by--
(I) a farm owner or operator;
(II) a ranch owner or operator; or
(III) an employee or family member of
an individual specified in subclause
(I) or (II);
(iii) is transporting to or from a farm or
ranch--
(I) agricultural commodities;
(II) livestock; or
(III) machinery or supplies;
(iv) except as provided in paragraph (2), is
not used in the operations of a for-hire motor
carrier; and
(v) is equipped with a special license plate
or other designation by the State in which the
vehicle is registered to allow for
identification of the vehicle as a farm vehicle
by law enforcement personnel; and
(B) that has a gross vehicle weight rating or gross
vehicle weight, whichever is greater, that is--
(i) 26,001 pounds or less; or
(ii) greater than 26,001 pounds and traveling
within 150 air miles of the farm or ranch with
respect to which the vehicle is being operated.
(2) Inclusion.--In this section, the term ``covered farm
vehicle'' includes a motor vehicle that meets the requirements
of paragraph (1) (other than paragraph (1)(A)(iv)) and is--
(A) operated pursuant to a crop share farm lease
agreement;
(B) owned by a tenant with respect to that agreement;
and
(C) transporting the landlord's portion of the crops
under that agreement.
SEC. 6602. TECHNICAL CORRECTION.
Section 306(c)(2)(B) of the SAFETEA-LU Technical Corrections Act of
2008 (29 U.S.C. 207 note; 122 Stat. 1621) is amended--
(1) in clause (ii) by striking ``or'' at the end;
(2) in clause (iii) by striking ``and'' at the end and
inserting ``or''; and
(3) by adding at the end the following:
``(iv) operating under contracts with rail
carriers subject to part A of subtitle IV of
title 49, United States Code, and used to
transport employees of such rail carriers;
and''.
SEC. 6603. STUDY OF IMPACT OF REGULATIONS ON SMALL TRUCKING COMPANIES.
(a) Study.--The Comptroller General of the United States shall
conduct a study to assess trends in motor carrier safety relating to
small trucking companies and independent operators, including the
extent to which Federal motor carrier safety regulation adversely
impacts and economically and competitively disadvantages small trucking
companies and independent operators and the extent to which there is a
correlation between company size and crash rates and crash causation.
(b) Contents.--The study shall contain the following:
(1) Overall trends in highway crashes involving large trucks
for the past 2 decades, including a separate analysis of the
annual number of incidents involving a large truck only, a
truck and automobile, and more than one large truck.
(2) Crash causation factors typical in each type of incident
described in paragraph (1), including the frequency of large
truck crashes caused by or in which an automobile driver was
predominately at fault, and the ratio of truck driver fatigue
versus automobile driver fatigue.
(3) The correlation of--
(A) truck driver turnover and truck driver retention
and longevity rates with a given trucking company to
company crash rates, crash causation, the severity of
injuries, number of fatalities, and fault; and
(B) truck driver experience and safety records
proportional to company size.
(4) The role of truck driver experience level, longevity with
a given trucking company, retention rate, high driver turnover
rates, and truck driver inexperience in highway crashes
involving trucks, and the degree to which each is a factor in a
crash.
(5) The degree and frequency of such contributing factors as
weather conditions, traffic congestion, daytime or nighttime
conditions, variety of road and vehicle types, and types of
pick-up and delivery locations (such as urban, rural, and small
metropolitan areas) in crashes involving a truck.
(6) Impacts and incentives perceived by truck drivers caused
by current Federal motor carrier safety regulations and the
inflexibility in the application and enforcement of
regulations.
(7) An assessment of the data quality of the Compliance,
Safety, and Accountability initiative of the Federal Motor
Carrier Safety Administration, including compliance with the
Data Quality Act (Public Law 106-554; section 515 of H.R. 5658,
as introduced on December 14, 2000), the number of carriers for
which there is insufficient data, discrepancies in measurements
and methodologies, complaints about data quality, and whether
company size impacts data quality.
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study, including recommendations for
achieving a better balance of safety with competition and efficiency
and recommendations to reduce adverse regulatory impacts on small
trucking companies and independent operators.
(d) Prohibition.--No proposed regulations from the Federal Motor
Carrier Safety Administration that relate to the contents of the study
may become final or take effect before the expiration of the 180-day
period beginning on the date the Comptroller General submits to the
Committees the report described in subsection (c).
SEC. 6604. REPORT ON SMALL TRUCKING COMPANIES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the efforts of the Department
of Transportation to better balance truck competition and efficiency
with safety.
(b) Contents.--The report shall contain the following:
(1) A description of specific steps that modal
administrations within the Department have taken and plan to
take to reduce economic and competitive disadvantages imposed
by specific regulations on small trucking companies, their
truck drivers, and independent operators.
(2) A description of specific performance goals, plans for,
and performance to date on regulatory flexibility measures,
pursuant to the Regulatory Flexibility Act (Public Law 96-354),
the Data Quality Act (Public Law 106-554; section 515 of H.R.
5658, as introduced on December 14, 2000), and the Paperwork
Reduction Act of 1980 (Public Law 96-511), that are
affirmatively and precisely designed to achieve greater
flexibility with respect to regulatory compliance, in
particular detailing concrete steps to reasonably accommodate
the needs unique to small trucking companies, independent
operators, and special load haulers (such as of livestock,
frozen foodstuffs, and automobiles), relating to hours of
service rules, log- and recordkeeping, and the accounting of
driver time lost due to loading and unloading, traffic, or
weather delays.
(3) A table showing the relation of truck driver experience
and tenure with a trucking company or as an independent
operator to incidence of being at fault in an accident.
SEC. 6605. RULEMAKING ON ROAD VISIBILITY OF AGRICULTURAL EQUIPMENT.
(a) Rulemaking.--Not later than 2 years after the date of enactment
of this Act, the Secretary, after consultation with the American
Society of Agricultural and Biological Engineers, other appropriate
Federal agencies, and other appropriate persons, shall issue a rule to
improve the daytime and nighttime visibility of agricultural equipment
that may be operated on a public road. Such rule shall establish
minimum lighting and marking standards for applicable agricultural
equipment manufactured 1 year or more subsequent to the effective date
of the rule. Such rule shall provide for methods, materials,
specifications, or equipment employed, equivalent to the standard set
in ANSI/ASAE S279.14 published in July 2008 by the American Society of
Agriculture and Biological Engineers and entitled ``Lighting and
Marking of Agricultural Equipment on Highways'', or any successor
standard.
(b) Review.--The Secretary shall periodically, and not less than once
every 5 years, review the standards established under this section and
shall revise the standards to reflect the provisions of the edition of
ANSI/ASAE S279 that is in effect at the time of the review.
(c) Rules of Construction.--
(1) Compliance with successor standards.--No provision of any
rule issued pursuant to this section shall prohibit the
operation on public roads of agricultural equipment that is
equipped according to any adopted edition of ANSI/ASAE S279
that is later than the edition of such standard that is
referenced during the issuance of the rule.
(2) No retrofitting required.--No provision of any rule
issued pursuant to this section shall require the retrofitting
of agricultural equipment that is manufactured prior to 1 year
after the date on which a final rule is issued pursuant to
subsection (a).
(3) No effect on additional materials and equipment.--No
provision of any rule issued pursuant to this section shall
prohibit the operation on public roads of agricultural
equipment that is equipped with materials or equipment that are
in addition to the minimum materials and equipment specified by
the standards established under the rule.
(d) Definitions.--In this section, the following definitions apply:
(1) Agricultural equipment.--The term ``agricultural
equipment'' means ``agricultural field equipment'' as defined
under the standard ANSI/ASABE S390.4 published by the American
Society of Agriculture and Biological Engineers, or any
successor standard.
(2) Public road.--The term ``public road'' has the meaning
given that term in section 101 of title 23, United States Code.
SEC. 6606. TRANSPORTATION OF HORSES.
Section 80502 of title 49, United States Code, is amended--
(1) in subsection (c) by striking ``This section does not''
and inserting ``Subsections (a) and (b) do not'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Transportation of Horses.--
``(1) Prohibition.--No person may transport, or cause to be
transported, a horse from a place in a State, the District of
Columbia, or a territory or possession of the United States
through or to a place in another State, the District of
Columbia, or a territory or possession of the United States in
a motor vehicle containing 2 or more levels stacked on top of
each other.
``(2) Motor vehicle defined.--In this subsection, the term
`motor vehicle' has the meaning given that term in section
13102.''; and
(4) in subsection (e) (as redesignated by paragraph (2) of
this subsection)--
(A) by striking ``A rail carrier'' and inserting the
following:
``(1) In general.--A rail carrier'';
(B) by striking ``this section'' and inserting
``subsection (a) or (b)'';
(C) by striking ``On learning of a violation'' and
inserting the following:
``(2) Transportation of horses in multilevel trailer.--
``(A) Civil penalty.--A person that knowingly
violates subsection (d) is liable to the United States
Government for a civil penalty of at least $100 but not
more than $500 for each violation. A separate violation
occurs under subsection (d) for each horse that is
transported, or caused to be transported, in violation
of subsection (d).
``(B) Relationship to other laws.--The penalty
provided under subparagraph (A) shall be in addition to
any penalty or remedy available under any other law or
common law.
``(3) Civil action.--On learning of a violation of a
provision of this section''.
SEC. 6607. REGULATORY REVIEW AND REVISION.
Not later than 12 months after the date of enactment of this Act, the
Secretary shall review and revise the Federal motor carrier safety
regulations contained in chapter III of subtitle B of title 49, Code of
Federal Regulations, to--
(1) simplify the regulations; and
(2) eliminate those requirements that are outmoded or
excessively burdensome.
SEC. 6608. ISSUANCE OF SAFETY REGULATIONS.
The Secretary shall take such actions as may be necessary in fiscal
year 2012 to expedite the issuance of safety regulations to carry out
this title (and the amendments made by this title) following the
effective date of this title.
SEC. 6609. REPEALS.
(a) Repeal of High-Priority Program.--Section 31104(k) is repealed.
(b) Border Enforcement Grants.--Section 31107, and the item relating
to that section in the analysis for chapter 311, are repealed.
(c) Commercial Driver's License Information System Modernization.--
Subsections (c), (d), and (e) of section 4123 of SAFETEA-LU (119 Stat.
1735-1736) are repealed.
(d) Outreach and Education.--Section 4127 of SAFETEA-LU (119 Stat.
1741), and the item relating to that section in the table of contents
contained in section 1(b) of that Act, are repealed.
(e) Safety Data Improvement Program.--Section 4128 of SAFETEA-LU (119
Stat. 1742), and the item relating to that section in the table of
contents contained in section 1(b) of that Act, are repealed.
(f) Grant Program for Commercial Motor Vehicle Operators.--Section
4134 of SAFETEA-LU (119 Stat. 1744), and the item relating to that
section in the table of contents contained in section 1(b) of that Act,
are repealed.
(g) Report on Motor Carrier Employee Protections.--Section 4023 of
the Transportation Equity Act for the 21st Century (49 U.S.C. 31105
note; 112 Stat. 415), and the item relating to that section in the
table of contents contained in section 1(b) of that Act, are repealed.
TITLE VII--RESEARCH AND EDUCATION
SEC. 7001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be appropriated
out of the Alternative Transportation Account of the Highway Trust
Fund:
(1) Highway research and development program.--To carry out
section 503 of title 23, United States Code, $141,750,000 for
each of fiscal years 2013 through 2016.
(2) Technology and innovation deployment program.--To carry
out section 503a of title 23, United States Code, $60,750,000
for each of fiscal years 2013 through 2016.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $25,500,000 for each of fiscal
years 2013 through 2016.
(4) Intelligent transportation systems research.--To carry
out sections 512, 514, 515, 516, and 517 of title 23, United
States Code, $110,000,000 for each of fiscal years 2013 through
2016.
(5) University transportation research.--To carry out section
5506 of title 49, United States Code, $75,000,000 for each of
fiscal years 2013 through 2016.
(6) Bureau of transportation statistics.--To carry out
section 111 of title 49, United States Code, $27,000,000 for
each of fiscal years 2013 through 2016.
(b) Applicability of Chapter 1 of Title 23.--Funds authorized to be
appropriated by subsection (a) shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal share of the cost of a
project or activity carried out using such funds shall be 80 percent,
unless otherwise expressly provided by this Act (including the
amendments made by this Act) or otherwise determined by the Secretary,
and such funds shall remain available until expended and shall not be
transferable.
SEC. 7002. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Alternative
Transportation Account of the Highway Trust Fund by section 7001(a)
shall be $440,000,000 for each of fiscal years 2013 through 2016.
SEC. 7003. DEFINITIONS.
Section 501 of title 23, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (7);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Connected vehicle technology.--The term `connected
vehicle technology' means the utilization of wireless
technology to enable multiple vehicles to communicate
information to each other.''; and
(4) by inserting after paragraph (2) (as so redesignated) the
following:
``(3) Incident.--The term `incident' means a crash, natural
disaster, workzone activity, special event, or other emergency
road user occurrence that adversely affects or impedes the
normal flow of traffic.
``(4) Intelligent transportation infrastructure.--The term
`intelligent transportation infrastructure' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
``(5) Intelligent transportation system.--The term
`intelligent transportation system' means electronics,
photonics, communications, or information processing used
singly or in combination to improve the efficiency or safety of
a surface transportation system.
``(6) National architecture.--The term `national
architecture' means the common framework for interoperability
that defines--
``(A) the functions associated with intelligent
transportation system user services;
``(B) the physical entities or subsystems within
which the functions reside;
``(C) the data interfaces and information flows
between physical subsystems; and
``(D) the communications requirements associated with
the information flows.''.
SEC. 7004. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.
(a) In General.--Section 502 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``research'' and
inserting ``research, development, and technology'';
(2) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (B)
through (D) as subparagraphs (C) through (E),
respectively;
(ii) by inserting after subparagraph (A) the
following:
``(B) addresses current or emerging needs;'';
(iii) in subparagraph (C) (as redesignated by
clause (i) of this subparagraph) by striking
``supports research in which there is'' and
inserting ``delivers'';
(iv) in subparagraph (D) (as redesignated by
clause (i) of this subparagraph) by striking
``or'' after the semicolon;
(v) in subparagraph (E) (as redesignated by
clause (i) of this subparagraph) by striking
the period at the end and inserting a
semicolon; and
(vi) by adding at the end the following:
``(F) presents the best means to align resources with
multiyear plans and priorities; or
``(G) ensures the coordination of highway research
and technology transfer activities, including those
performed by the university transportation centers
established under subchapter I of chapter 55 of title
49.'';
(B) in paragraph (3)--
(i) in subparagraph (B)--
(I) by striking ``support and'' and
inserting ``partner with State
transportation departments and other
stakeholders as appropriate to''; and
(II) by striking ``by State highway
agencies'';
(ii) in subparagraph (C)--
(I) by striking ``share'' and
inserting ``communicate'';
(II) by inserting ``on-going and''
before ``completed''; and
(III) by striking ``and'' after the
semicolon;
(iii) in subparagraph (D)--
(I) by striking ``support and
facilitate technology'' and inserting
``lead efforts to coordinate areas of
national emphasis for highway research,
technology,''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(E) leverage partnerships with industry, academia,
and other entities; and
``(F) conduct, facilitate, and support training and
education of current and future transportation
professionals.'';
(C) in paragraph (4)(C) by striking ``policy and
planning'' and inserting ``all highway objectives
seeking to improve the performance of the
transportation system'';
(D) in paragraph (5) by inserting ``tribal
governments,'' after ``local governments,'';
(E) by striking paragraph (7) and inserting the
following:
``(7) Performance review and evaluation.--
``(A) In general.--To the maximum extent practicable,
all surface transportation research and development
projects shall include a component of performance
measurement and evaluation.
``(B) Performance measures.--Performance measures
shall be established during the proposal stage of a
research and development project and shall, to the
maximum extent practicable, be outcome-based.
``(C) Program plan.--To the maximum extent
practicable, each program pursued under this chapter
shall be part of a data-driven, outcome-oriented
program plan.
``(D) Availability of evaluations.--All evaluations
under this paragraph shall be made readily available to
the public.''; and
(F) in paragraph (8) by striking ``surface'';
(3) in subsection (b)--
(A) by striking paragraph (4) and inserting the
following:
``(4) Technological innovation.--The Secretary shall ensure
that the programs and activities carried out under this chapter
are consistent with the transportation research and development
strategic plan developed under section 508.'';
(B) in paragraph (5) by striking ``section'' each
place it appears and inserting ``chapter'';
(C) in paragraph (6) by adding at the end the
following:
``(C) Transfer of funds among states or to federal
highway administration.--The Secretary, at the request
of a State, may transfer funds apportioned or allocated
under this chapter to the State to another State, or to
the Federal Highway Administration, for the purpose of
funding research, development, and technology transfer
activities of mutual interest on a pooled funds basis.
``(D) Transfer of obligation authority.--Obligation
authority for funds transferred under this subsection
shall be transferred in the same manner and amount as
the funds for projects that are transferred under this
subsection.''; and
(D) by adding at the end the following:
``(7) Prize competitions.--
``(A) In general.--Consistent with section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980, the
Secretary may carry out a program to award prizes
competitively to stimulate innovation in the area of
surface transportation that has the potential to
advance the Federal Highway Administration's research
and technology objectives and activities under section
503.
``(B) Annual report.--
``(i) In general.--Not later than March 1 of
each year, the Secretary shall submit to the
Committees on Transportation and Infrastructure
and Science, Space, and Technology of the House
of Representatives and the Committees on
Environment and Public Works and Commerce,
Science, and Transportation of the Senate a
report on the activities carried out during the
preceding fiscal year under the authority in
subparagraph (A) if such authority under
subparagraph (A) was utilized by the Secretary.
``(ii) Information included.--A report under
this subparagraph shall include, for each prize
competition under subparagraph (A), the
following:
``(I) A description of the proposed
goals of each prize competition.
``(II) An analysis of why the
utilization of the authority in
subparagraph (A) was the preferable
method of achieving the goals described
in subclause (I) as opposed to other
authorities available to the agency,
such as contracts, grants, and
cooperative agreements.
``(III) The total amount of cash
prizes awarded for each prize
competition, including a description of
the amount of private funds contributed
to the program, the sources of such
funds, and the manner in which the
amounts of cash prizes awarded and
claimed were allocated among the
accounts of the agency for recording as
obligations and expenditures.
``(IV) The methods used for the
solicitation and evaluation of
submissions under each prize
competition, together with an
assessment of the effectiveness of such
methods and lessons learned for future
prize competitions.
``(V) A description of the resources,
including personnel and funding, used
in the execution of each prize
competition together with a detailed
description of the activities for which
such resources were used and an
accounting of how funding for execution
was allocated among the accounts of the
agency for recording as obligations and
expenditures.
``(VI) A description of how each
prize competition advanced the mission
of the Department of Transportation.'';
(4) in subsection (c)--
(A) in paragraph (3)(A)--
(i) by striking ``The'' and inserting
``Except as otherwise provided in this chapter,
the'';
(ii) by striking ``subsection'' and inserting
``chapter''; and
(iii) by striking ``50'' and inserting
``80'';
(B) in paragraph (4) by striking ``subsection'' and
inserting ``chapter''; and
(5) by striking subsections (d) through (j).
(b) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by striking the item relating to section
502 and inserting the following:
``502. Surface transportation research, development, and technology.''.
SEC. 7005. RESEARCH AND DEVELOPMENT.
(a) In General.--Section 503 of title 23, United States Code, is
amended to read as follows:
``Sec. 503. Research and development
``(a) In General.--The Secretary shall establish a research and
development program in accordance with this section and the strategic
plan developed under section 508.
``(b) Responsibilities.--To address current and emerging highway
transportation needs, the Secretary, in carrying out the program under
this section, shall--
``(1) identify research topics;
``(2) conduct research, testing, and evaluation activities;
``(3) facilitate technology transfer;
``(4) provide technical assistance; and
``(5) ensure program activities are coordinated with the
transportation research and development strategic plan
developed under section 508.
``(c) Improving Highway Safety.--
``(1) Objectives.--In carrying out the program under this
section, the Secretary shall create systematic measures to
improve highway safety for all road users, vehicles, and public
roads to--
``(A) achieve greater long-term safety gains;
``(B) reduce the number of fatalities and serious
injuries;
``(C) fill knowledge gaps that currently limit the
effectiveness of research;
``(D) support the development and implementation of
State strategic highway safety plans under section 148;
``(E) advance improvements in and use of performance
prediction analysis for decisionmaking;
``(F) expand technology transfer to partners and
stakeholders;
``(G) achieve safety benefits through connected
vehicle technology; and
``(H) enhance rural highway safety.
``(2) Activities.--Research and development activities
carried out under this subsection may include activities
relating to--
``(A) safety assessments and decisionmaking tools;
``(B) data collection and analysis;
``(C) crash reduction projections;
``(D) low-cost safety countermeasures;
``(E) innovative operational improvements and designs
of roadway and roadside features;
``(F) evaluation of countermeasure costs and
benefits;
``(G) development of tools for projecting impacts of
safety countermeasures;
``(H) rural road safety;
``(I) safety policy studies;
``(J) human factors studies and methods;
``(K) safety technology deployment;
``(L) safety program and process improvements; and
``(M) tools and methods to enhance safety
performance, including achievement of statewide safety
performance targets.
``(d) Improving Highway Infrastructure Integrity.--
``(1) Objectives.--In carrying out the program under this
section, the Secretary shall improve the ability to maintain
highway infrastructure integrity, meet user needs, and improve
system performance through targeted Federal transportation
investments to--
``(A) reduce the number of fatalities attributable to
highway infrastructure design characteristics and work
zones;
``(B) improve the safety of highway infrastructure;
``(C) increase the reliability of life-cycle
performance predictions used in highway infrastructure
design, construction, and management;
``(D) improve the ability of transportation agencies
to deliver projects that meet expectations for
timeliness, quality, and cost;
``(E) reduce user delay attributable to highway
infrastructure system performance, maintenance,
rehabilitation, and construction;
``(F) improve highway condition and performance
through increased use of innovative pavements during
highway design, construction, and maintenance;
``(G) improve highway condition and performance
through increased use of innovative designs, materials,
and construction methods in the construction, repair,
and rehabilitation of bridges;
``(H) reduce the life-cycle environmental impacts of
highway infrastructure, including design, construction,
operation, preservation, and maintenance; and
``(I) improve the resiliency of roadways to
commercial heavy freight traffic.
``(2) Activities.--Research and technology activities carried
out under this subsection may include activities relating to--
``(A) long-term infrastructure performance programs
addressing pavements, bridges, tunnels, and other
structures;
``(B) short-term and accelerated studies of highway
infrastructure performance;
``(C) the development of more durable highway and
bridge infrastructure materials and systems, including
the use of carbon fiber composite materials in bridge
replacement and rehabilitation;
``(D) advanced highway and bridge infrastructure
design methods;
``(E) accelerated highway construction;
``(F) performance-based specifications;
``(G) construction and materials quality assurance;
``(H) comprehensive and integrated highway
infrastructure asset management;
``(I) technology transfer and adoption of permeable,
pervious, or porous paving materials, practices, and
systems that are designed to minimize environmental
impacts, stormwater runoff, and flooding and to treat
or remove pollutants by allowing stormwater to
infiltrate through the pavement in a manner similar to
predevelopment hydrologic conditions;
``(J) sustainable highway infrastructure design and
construction;
``(K) highway and bridge infrastructure
rehabilitation and preservation techniques, including
those techniques to address historic infrastructure;
``(L) hydraulic, geotechnical, and aerodynamic
aspects of highway infrastructure;
``(M) improved highway construction technologies and
practices;
``(N) improved tools, technologies, and models for
highway and bridge infrastructure management, including
assessment and monitoring of infrastructure condition;
``(O) improving flexibility and resiliency of highway
and bridge infrastructure systems to withstand climate
variability; and
``(P) highway infrastructure resilience and other
adaptation measures.
``(e) Reducing Congestion, Improving Highway Operations, and
Enhancing Freight Productivity.--
``(1) Objectives.--In carrying out the program under this
section, the Secretary shall examine approaches to reduce
traffic congestion (including freight-related congestion
throughout the transportation network), reduce the costs of
such congestion, and improve freight movement.
``(2) Activities.--Research and technology activities carried
out under this subsection may include examination of--
``(A) active traffic and demand management;
``(B) accelerating deployment of intelligent
transportation systems;
``(C) arterial management and traffic signal
operation;
``(D) congestion pricing;
``(E) corridor management;
``(F) emergency operations;
``(G) freeway management;
``(H) impacts of vehicle size and weight;
``(I) freight operations and technology;
``(J) operations and freight performance measurement
and management;
``(K) organizing and planning for operations;
``(L) planned special events management;
``(M) real-time transportation information, including
real-time ridesharing;
``(N) road weather management;
``(O) traffic and freight data and analysis tools;
``(P) traffic control devices;
``(Q) traffic incident management;
``(R) workzone management;
``(S) mechanisms that communicate travel, roadway,
and emergency information to all road users (as defined
in section 148); and
``(T) enhanced mode choice and intermodal
connectivity.
``(f) Assessing Policy and System Financing Alternatives.--
``(1) Objectives.--In carrying out the program under this
section, the Secretary shall conduct policy analysis on
emerging issues in the transportation community to provide
information to policymakers and decisionmakers.
``(2) Activities.--Research and technology activities carried
out under this subsection may include activities relating to--
``(A) highway needs and investment analysis;
``(B) analysis of legislative development and
implementation;
``(C) highway policy analysis;
``(D) the effect of highway congestion on the
economy;
``(E) research in emerging policy areas;
``(F) advancing innovations in revenue generation,
financing, and procurement for project delivery;
``(G) improving project financial and cost analysis;
``(H) highway performance measurement;
``(I) travel demand performance measurement; and
``(J) highway finance performance measurement.
``(3) Infrastructure investment needs report.--
``(A) In general.--Not later than July 31, 2012, and
July 31 of every second year thereafter, the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that describes estimates of the future highway
and bridge needs of the United States and the backlog
of highway and bridge needs at the time of the report.
``(B) Comparison.--Each report under subparagraph (A)
shall provide the means, including all necessary
information, to relate and compare the conditions and
service measures used in the previous biennial reports.
``(g) Exploratory Advanced Research.--In carrying out the program
under this section, the Secretary shall conduct long-term, higher-risk
research, consistent with the transportation research and development
plan under section 508, with the potential for dramatic breakthroughs
in the field of highway transportation.
``(h) Grants, Cooperative Agreements, and Contracts.--
``(1) In general.--In carrying out the program under this
section, the Secretary may make grants to, and enter into
cooperative agreements and contracts with, States, other
Federal agencies, institutions of higher education, private
sector entities, and nonprofit organizations to pay the Federal
share of the cost of research, development, and technology
transfer activities.
``(2) Applications.--To receive a grant under this
subsection, an entity described in paragraph (1) shall submit
an application to the Secretary. The application shall be in
such form and contain such information and assurances as the
Secretary may require.
``(3) Technology and information transfer.--The Secretary
shall ensure that the information and technology resulting from
research conducted under this subsection is made available to
State and local transportation departments and other interested
parties as specified by the Secretary.
``(i) Turner-Fairbank Highway Research Center.--
``(1) In general.--The Secretary shall operate in the Federal
Highway Administration a Turner-Fairbank Highway Research
Center.
``(2) Uses of the center.--The Center shall support--
``(A) the conduct of highway research and development
related to new highway technology, including connected
vehicle technology;
``(B) the development of understandings, tools, and
techniques that provide solutions to complex technical
problems through the development of economical and
environmentally sensitive designs, efficient and
quality-controlled construction practices, and durable
materials;
``(C) the development of innovative highway products
and practices; and
``(D) long-term high-risk research to improve the
materials used in highway infrastructure.
``(j) Centers for Surface Transportation Excellence.--
``(1) Establishment.--The Secretary may establish not more
than 4 centers for surface transportation excellence.
``(2) Goals.--The goals of the centers for surface
transportation excellence are to promote and support strategic
national surface transportation programs and activities
relating to the work of State departments of transportation.
``(3) Role of the centers.--To achieve the goals set forth in
paragraph (2), the Secretary shall establish centers that
provide technical assistance, information sharing of best
practices, and training in the use of tools and decisionmaking
processes that can assist States in effectively implementing
surface transportation programs, projects, and policies.
``(4) Program administration.--
``(A) Competition.--A party entering into a contract,
cooperative agreement, or other transaction with the
Secretary under this subsection, or receiving a grant
to perform research or provide technical assistance
under this subsection, shall be selected on a
competitive basis.
``(B) Strategic plan.--The Secretary shall require
each center to develop a multiyear strategic plan, and
submit the plan to the Secretary at such time as the
Secretary requires, that describes--
``(i) the activities to be undertaken by the
center; and
``(ii) how the work of the center will be
coordinated with the activities of the Federal
Highway Administration and the various other
research, development, and technology transfer
activities authorized by this chapter.
``(5) Funding.--Of the amounts made available by section
7001(a)(1) of the American Energy and Infrastructure Jobs Act
of 2012, not more than $3,000,000 for each of fiscal years 2013
through 2016 shall be available to carry out this
subsection.''.
(b) Clerical Amendment.--The analysis for chapter 5 of such title is
amended by striking the item relating to section 503 and inserting the
following:
``503. Research and development.''.
SEC. 7006. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by inserting after section 503 the following:
``Sec. 503a. Technology and innovation deployment program
``(a) In General.--The Secretary, in accordance with the strategic
plan developed under section 508, shall carry out a technology and
innovation deployment program on all aspects of highway transportation
by promoting and facilitating the products, technologies, tools,
methods, or other findings resulting from highway research conducted
under this chapter.
``(b) Objectives.--The Secretary shall seek to advance the following
objectives:
``(1) Significantly accelerate the adoption of innovative
technologies by the surface transportation community.
``(2) Significantly accelerate the adoption of advanced
modeling technologies, as described in section 106, by the
surface transportation community.
``(3) Provide leadership and incentives to demonstrate and
promote state-of-the-art technologies, elevated performance
standards, and new business practices in highway construction
processes that result in improved safety, faster construction,
reduced congestion from construction, and improved quality and
user satisfaction.
``(4) Advance longer-lasting highways using innovative
technologies and practices to accomplish more rapid
construction of efficient and safe highways and bridges.
``(5) Improve highway efficiency, safety, mobility,
reliability, service life, and environmental protection.
``(6) Develop and deploy new tools, techniques, and practices
to accelerate the adoption of innovation in all aspects of
highway transportation.
``(7) Enhance deployment and operations of intelligent
transportation systems.
``(c) Activities.--The program may include--
``(1) activities conducted under section 503;
``(2) other technologies and innovations requiring additional
development and testing not performed under section 503 but
necessary to bring about successful deployment and delivery;
and
``(3) developing and improving innovative technologies and
practices and exploring new technologies to accelerate
innovation adoption.
``(d) Grants, Cooperative Agreements, and Contracts.--
``(1) In general.--Under the program, the Secretary may make
grants to, and enter into cooperative agreements and contracts
with, States, other Federal agencies, institutions of higher
education, private sector entities, Federal laboratories, and
nonprofit organizations to pay the Federal share of the cost of
research, development, and deployment activities.
``(2) Applications.--To receive a grant under this
subsection, an entity described in paragraph (1) shall submit
an application to the Secretary. The application shall be in
such form and contain such information and assurances as the
Secretary may require.
``(3) Technology and information transfer.--The Secretary
shall ensure that the information and technology resulting from
research conducted under this subsection is made available to
State and local transportation departments and other interested
parties as specified by the Secretary.
``(e) Deployment of Future Strategic Highway Research Program Results
and Products.--
``(1) In general.--The Secretary, in consultation with the
American Association of State Highway and Transportation
Officials and the National Academy of Sciences, shall promote
research results and products developed under the Strategic
Highway Research Program 2 administered by the Transportation
Research Board of the National Academy of Sciences.
``(2) Strategy of promotion.--The Secretary, to the extent
practicable, shall base the deployment of research results and
products described in paragraph (1) on the recommendations
included in the Transportation Research Board Special Report
296 entitled `Implementing the Results of the Second Strategic
Highway Research Program: Saving Lives, Reducing Congestion,
Improving Quality of Life'.''.
(b) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by inserting after the item relating to
section 503 the following:
``503a. Technology and innovation deployment program.''.
SEC. 7007. TRAINING AND EDUCATION.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by striking subparagraph (A) and
inserting the following:
``(A) Federal Highway Administration employees, State
and local transportation agency employees, and Federal
agency partners;'';
(2) in subsection (b) by striking paragraph (3) and inserting
the following:
``(3) Federal share.--
``(A) Local technical assistance centers.--Subject to
clause (ii), the Federal share of the cost of any
activity carried out by a local technical assistance
center under paragraphs (1) and (2) shall be 50
percent, except that the remaining share may include
funds provided to a recipient under subsection (e) or
section 505.
``(B) Tribal technical assistance centers.--The
Federal share of the cost of activities carried out by
the tribal technical assistance centers under paragraph
(2)(D)(ii) shall be 100 percent.'';
(3) in subsection (c)(2) by adding at the end the following:
``Funds provided to institutions of higher education to carry
out this paragraph shall be used in direct support of student
expenses associated with their transportation studies.'';
(4) by striking subsection (d);
(5) by redesignating subsections (e) through (g) as
subsections (d) through (f), respectively;
(6) in subsection (d) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``sections 104(b)(1),
104(b)(2), 104(b)(3), 104(b)(4), and 144(e)''
and inserting ``paragraphs (1), (2), and (3) of
section 104(b)'';
(ii) in subparagraph (D) by striking ``and'';
(iii) in subparagraph (E) by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(F) activities delivered by the National Highway
Institute under subsection (a); and
``(G) the local technical assistance program under
subsection (b).''; and
(B) in paragraph (2) by inserting before the period
at the end the following: ``, except for activities
carried out under paragraph (1)(G), for which the
Federal share shall be 50 percent as described in
subsection (b)(3)(A)''; and
(7) in the heading of subsection (e) (as redesignated by
paragraph (5) of this section) by striking ``Pilot''.
SEC. 7008. STATE PLANNING AND RESEARCH.
Section 505(a) of title 23, United States Code, is amended in the
first sentence by striking ``104(h)) and under section 144'' and
inserting ``104(i))''.
SEC. 7009. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.
Section 506 of title 23, United States Code, and the item relating to
such section in the analysis for chapter 5 of such title, are repealed.
SEC. 7010. SURFACE TRANSPORTATION-ENVIRONMENTAL COOPERATIVE RESEARCH
PROGRAM.
Section 507 of title 23, United States Code, and the item relating to
such section in the analysis for chapter 5 of such title, are repealed.
SEC. 7011. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.
Section 508(a) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``SAFETEA-LU'' and inserting
``American Energy and Infrastructure Jobs Act of
2012''; and
(B) by adding ``, acting through the Administrator of
the Research and Innovative Technology
Administration,'' after ``Secretary''; and
(2) in paragraph (2)(A)(iii) by striking ``promoting
security'' and inserting ``improving goods movement''.
SEC. 7012. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH
PROGRAM.
Section 509 of title 23, United States Code, and the item relating to
such section in the analysis for chapter 5 of such title, are repealed.
SEC. 7013. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.
Section 510 of title 23, United States Code, and the item relating to
such section in the analysis for chapter 5 of such title, are repealed.
SEC. 7014. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM PLAN.
(a) In General.--Section 512 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``ITS'' and inserting
``intelligent transportation systems''; and
(2) in subsection (a)(1) by striking ``SAFETEA-LU'' and
inserting ``American Energy and Infrastructure Jobs Act of
2012''.
(b) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by striking the item relating to section
512 and inserting the following:
``512. National intelligent transportation systems program plan.''.
SEC. 7015. USE OF FUNDS FOR INTELLIGENT TRANSPORTATION SYSTEMS
ACTIVITIES.
(a) In General.--Section 513 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``ITS'' and inserting
``intelligent transportation systems''; and
(2) in subsection (a) by striking ``subtitle C of title V of
the SAFETEA-LU'' and inserting ``section 7001(a)(4) of the
American Energy and Infrastructure Jobs Act of 2012''.
(b) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by striking the item relating to section
513 and inserting the following:
``513. Use of funds for intelligent transportation systems
activities.''.
SEC. 7016. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM GOALS AND
PURPOSES.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 514. Intelligent transportation systems program goals and
purposes
``(a) Goals.--The goals of the intelligent transportation system
program include--
``(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to enable
existing facilities to meet a significant portion of future
transportation needs, including public access to employment,
goods, and services, and to reduce regulatory, financial, and
other transaction costs to public agencies and system users;
``(2) achievement of national transportation safety goals,
including the enhancement of safe operation of motor vehicles
and nonmotorized vehicles and improved emergency response to a
crash, with particular emphasis on decreasing the number and
severity of collisions;
``(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments to
achieve national environmental goals;
``(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial motor
vehicles, passenger motor vehicles, motorcycles, and bicycles
and pedestrians, including individuals with disabilities; and
``(5) improvement of the Nation's ability to respond to
emergencies and natural disasters.
``(b) Purposes.--The Secretary shall implement activities under the
intelligent system transportation program to, at a minimum--
``(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent transportation
systems for consumers of passenger and freight transportation;
``(2) ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent transportation
systems for consideration in the transportation planning
process;
``(3) improve regional cooperation and operations planning
for effective intelligent transportation system deployment;
``(4) promote the innovative use of private resources;
``(5) facilitate, in cooperation with the motor vehicle
industry, the introduction of vehicle-based safety enhancing
systems;
``(6) support the application of intelligent transportation
systems that increase the safety and efficiency of commercial
motor vehicle operations;
``(7) develop a workforce capable of developing, operating,
and maintaining intelligent transportation systems; and
``(8) provide continuing support for operations and
maintenance of intelligent transportation systems.''.
(b) Repeal.--Section 5303 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users is repealed.
(c) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding after the item relating to
section 513 the following:
``514. Intelligent transportation systems program goals and
purposes.''.
SEC. 7017. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM GENERAL
AUTHORITIES AND REQUIREMENTS.
(a) In General.--Chapter 5 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 515. Intelligent transportation systems program general
authority and requirements
``(a) Scope.--Subject to the provisions of this chapter, the
Secretary shall conduct an ongoing intelligent transportation system
program to research, develop, and operationally test intelligent
transportation systems and to provide technical assistance in the
nationwide application of those systems as a component of the surface
transportation systems of the United States.
``(b) Policy.--Intelligent transportation system research projects
and operational tests funded pursuant to this chapter shall encourage
and not displace public-private partnerships or private sector
investment in such tests and projects.
``(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent transportation
system program in cooperation with State and local governments and
other public entities, private sector firms in the United States,
Federal laboratories, and institutions of higher education, including
historically Black colleges and universities and other minority
institutions of higher education.
``(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system program, the Secretary shall consult
with the heads of other Federal departments and agencies, as
appropriate.
``(e) Technical Assistance, Training, and Information.--The Secretary
may provide technical assistance, training, and information to State
and local governments seeking to implement, operate, maintain, or
evaluate intelligent transportation system technologies and services.
``(f) Transportation Planning.--The Secretary may provide funding to
support adequate consideration of transportation systems management and
operations, including intelligent transportation systems, within
metropolitan and statewide transportation planning processes.
``(g) Information Clearinghouse.--
``(1) In general.--The Secretary shall--
``(A) maintain a repository for technical and safety
data collected as a result of federally sponsored
projects carried out under this chapter; and
``(B) make, on request, that information (except for
proprietary information and data) readily available to
all users of the repository at an appropriate cost.
``(2) Agreement.--
``(A) In general.--The Secretary may enter into an
agreement with a third party for the maintenance of the
repository for technical and safety data under
paragraph (1)(A).
``(B) Federal financial assistance.--If the Secretary
enters into an agreement with an entity for the
maintenance of the repository, the entity shall be
eligible for Federal financial assistance under this
section.
``(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555 of
title 5, United States Code.
``(h) Infrastructure Development.--Funds made available to carry out
this chapter for operational tests--
``(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
``(2) to the maximum extent practicable, shall not be used
for the construction of physical highway and public
transportation infrastructure unless the construction is
incidental and critically necessary to the implementation of an
intelligent transportation system project.''.
(b) Repeal.--Sections 5304 and 5305 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users are
repealed.
(c) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is further amended by adding after the item
relating to section 514 the following:
``515. Intelligent transportation systems program general authority and
requirements.''.
SEC. 7018. INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH AND DEVELOPMENT.
(a) In General.--Chapter 5 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 516. Intelligent transportation systems research and development
``(a) In General.--The Secretary shall carry out a comprehensive
program of intelligent transportation system research, development, and
operational tests of intelligent vehicles and intelligent
infrastructure systems and other similar activities that are necessary
to carry out this chapter.
``(b) Priority Areas.--Under the program, the Secretary shall give
higher priority to funding projects that--
``(1) enhance mobility and productivity through improved
traffic management, incident management, transit management,
freight management, road weather management, toll collection,
traveler information, or highway operations systems and remote
sensing products;
``(2) utilize interdisciplinary approaches to develop traffic
management strategies and tools to address multiple impacts of
congestion concurrently;
``(3) address traffic management, incident management,
transit management, toll collection traveler information, or
highway operations systems;
``(4) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates;
``(5) enhance intermodal use of intelligent transportation
systems for diverse groups, including for emergency and health-
related services;
``(6) enhance safety through improved crash avoidance and
protection, crash and other emergency personnel notification,
commercial motor vehicle operations, and infrastructure-based
or cooperative safety systems; and
``(7) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies.''.
(b) Repeal.--Section 5306 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users is repealed.
(c) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is further amended by adding after the item
relating to section 515 the following:
``516. Intelligent transportation systems research and development.''.
SEC. 7019. INTELLIGENT TRANSPORTATION SYSTEMS NATIONAL ARCHITECTURE AND
STANDARDS.
(a) In General.--Chapter 5 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 517. Intelligent transportation systems national architecture
and standards
``(a) In General.--
``(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and
maintain a national architecture and supporting standards and
protocols to promote the widespread use and evaluation of
intelligent transportation system technology as a component of
the surface transportation systems of the United States.
``(2) Interoperability and efficiency.--To the maximum extent
practicable, the national architecture shall promote
interoperability among, and efficiency of, intelligent
transportation system technologies implemented throughout the
United States.
``(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall use the services
of such standards development organizations as the Secretary
determines to be appropriate.
``(b) Provisional Standards.--
``(1) In general.--If the Secretary finds that the
development or balloting of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives identified in subsection (a), the Secretary may
establish a provisional standard, after consultation with
affected parties, using, to the extent practicable, the work
product of appropriate standards development organizations.
``(2) Period of effectiveness.--A provisional standard
established under paragraph (1) shall be published in the
Federal Register and remain in effect until the appropriate
standards development organization adopts and publishes a
standard.
``(c) Conformity With National Architecture.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall ensure that intelligent transportation
system projects carried out using funds made available from the
Highway Trust Fund, including funds made available under this
chapter, to deploy intelligent transportation system
technologies conform to the national architecture, applicable
standards or provisional standards, and protocols developed
under subsection (a).
``(2) Secretary's discretion.--The Secretary may authorize
exceptions to paragraph (1) for--
``(A) projects designed to achieve specific research
objectives outlined in the national intelligent
transportation system program plan or the surface
transportation research and development strategic plan
developed under section 508; or
``(B) the upgrade or expansion of an intelligent
transportation system in existence on the date of
enactment of the SAFETEA-LU if the Secretary determines
that the upgrade or expansion--
``(i) would not adversely affect the goals or
purposes of this chapter;
``(ii) is carried out before the end of the
useful life of such system; and
``(iii) is cost-effective as compared to
alternatives that would meet the conformity
requirement of paragraph (1).
``(3) Exceptions.--Paragraph (1) shall not apply to funds
used for operation or maintenance of an intelligent
transportation system in existence on the date of enactment of
the SAFETEA-LU.
``(d) Standard Defined.--The term `standard' means a document that--
``(1) contains technical specifications or other precise
criteria for intelligent transportation systems that are to be
used consistently as rules, guidelines, or definitions of
characteristics so as to ensure that materials, products,
processes, and services are fit for their purposes; and
``(2) may support the national architecture and promote--
``(A) the widespread use and adoption of intelligent
transportation system technology as a component of the
surface transportation systems of the United States;
and
``(B) interoperability among intelligent
transportation system technologies implemented
throughout the States.''.
(b) Repeal.--Section 5307 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users is repealed.
(c) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is further amended by adding after the item
relating to section 516 the following:
``517. Intelligent transportation systems national architecture and
standards.''.
SEC. 7020. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.
Section 5505 of title 49, United States Code, and the item relating
to such section in the analysis of chapter 55 of such title, are
repealed.
SEC. 7021. UNIVERSITY TRANSPORTATION RESEARCH.
Section 5506 of title 49, United States Code, is amended--
(1) in subsection (b)(1) by inserting ``that is consistent
with section 503 of title 23'' after ``applied research'';
(2) in subsection (c)--
(A) in the heading by striking ``Regional, Tier I,
and Tier II Centers'' and inserting ``Regional and
Standard Centers'';
(B) in paragraph (1)--
(i) in the heading by striking ``Regional and
tier i centers'' and inserting ``Regional and
standard centers'';
(ii) in the matter preceding subparagraph (A)
by striking ``2005 through 2009'' and inserting
``2013 through 2016''; and
(iii) in subparagraph (B) by striking ``10
Tier I'' and inserting ``20 standard'';
(C) by striking paragraph (2); and
(D) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(3) in subsection (d) by adding at the end the following:
``(3) Opportunity announcement.--
``(A) Public disclosure.--All funding opportunities
under this section shall be publically announced and
shall be posted on the Department of Transportation's
Web site and on Grants.gov. Any announcement shall, at
a minimum, include a detailed description of how
applications will be evaluated and a list of any
specific research areas, educational objectives, or
technology transfer objectives expected to be addressed
by an application.
``(B) Input.--In developing an opportunity
announcement under this paragraph, the Secretary shall
solicit the input of transportation stakeholders,
including academic researchers, State highway and
transportation departments, local and regional
governments, private industry, the Administrator of the
Research and Innovative Technology Administration, and
Administrators of other relevant Department of
Transportation agencies.
``(4) Proposal review and selection.--
``(A) In general.--The Secretary shall make award
decisions under subsection (c)(1) through a peer-
reviewed, merit-based process. The Secretary may make
grants to, and enter into cooperative agreements with,
the National Academy of Sciences to carry out such
activities under this paragraph as the Secretary
determines are appropriate.
``(B) Peer-review.--
``(i) In general.--The Secretary, acting
through the National Research Council of the
National Academy of Sciences, shall establish a
peer-review process in which all proposals
shall be reviewed by an external committee of
experts.
``(ii) Selection.--The external committee of
experts shall be selected and convened by the
Transportation Research Board of the National
Research Council based on--
``(I) their specific knowledge of
transportation research fields or their
broad knowledge of transportation
research fields;
``(II) their knowledge of associated
educational activities;
``(III) their broad knowledge of the
community of transportation
practitioners; and
``(IV) to the extent possible,
diverse representation within the
review group.
``(iii) Duties.--The external committee of
experts shall evaluate proposals based on the
degree to which they advance the objectives in
subsection (b), the selection criteria in
paragraph (2) of this subsection, and any
additional review criteria set forth in the
opportunity announcements described in
paragraph (3) of this subsection.
``(iv) Report.--The external committee of
experts shall issue a report, published and
made available to the public by the
Transportation Research Board, summarizing the
evaluation process and explaining its findings.
``(v) Cost.--The Secretary shall pay for any
necessary expenses associated with peer-review
with a portion of the funds assigned to the
Research and Innovative Technology
Administration for administration of this
section.
``(C) Secretarial review.--The Secretary, in
consultation with the Administrator of the Research and
Innovative Technology Administration and Administrators
of any other relevant Department of Transportation
agencies, shall make final award decisions. The
Secretary's decision shall consider--
``(i) the findings of the committee under
subparagraph (B);
``(ii) the portfolio of other programs funded
under this section;
``(iii) the objectives set forth in
subsection (b);
``(iv) the criteria set forth in paragraph
(2);
``(v) the details included in the opportunity
announcement required under paragraph (3); and
``(vi) other current proposals and previously
funded proposals.
``(D) Transparency.--
``(i) In general.--The Secretary shall
provide to each applicant of a proposal copies
of reviews by the committee under subparagraph
(B) and any other materials used in the
evaluation process (with any reviewer
identifying information redacted) of the
applicant's proposal.
``(ii) Public availability.--The Secretary
shall make results of the review process
available to all applicants and to the public
on the Department's website.
``(iii) Report.--The Secretary shall issue a
public report that includes, at a minimum--
``(I) the results of the peer-review
process, including the findings of the
committee under subparagraph (B); and
``(II) the reasons for the
Secretary's final decision, including a
description of--
``(aa) the context in which
the proposal was reviewed; and
``(bb) how the findings of
the committee under
subparagraph (B) were used in
reaching the final decision.'';
(4) in subsection (e)--
(A) in paragraph (1) by striking ``March 31, 2006,
and not later than March 31st of every 4th year
thereafter'' and inserting ``180 days after the date of
enactment of the American Energy and Infrastructure
Jobs Act of 2012, and every 4 years thereafter'';
(B) in paragraph (5)--
(i) in subparagraph (B) by striking ``and'';
(ii) in subparagraph (C) by striking the
period and adding ``; and''; and
(iii) by adding at the end the following:
``(D) $3,500,000 for each of fiscal years 2013
through 2016.''; and
(C) by adding at the end the following:
``(6) Research requirement.--
``(A) Comprehensive transportation safety.--The
Secretary shall make a grant to 1 of the 10 regional
university transportation centers established under
subsection (c) for the purpose of furthering the
objectives described in subsection (b) in the field of
comprehensive transportation safety.
``(B) Intelligent transportation systems.--The
Secretary shall make a grant to 1 of the 10 regional
university transportation centers established under
subsection (c) (other than the center described in
subparagraph (A)) for the purpose of furthering the
objectives described in subsection (b) in the field of
intelligent transportation systems.
``(7) Competitive process.--The Secretary shall make award
decisions through a competitive process that follows the
requirements described in subsections (d)(3) and (d)(4) and
incorporates the additional selection criteria set forth in
paragraph (2) of this subsection.'';
(5) in subsection (f)--
(A) by striking ``Tier I'' in the subsection heading
and inserting ``Standard'';
(B) in paragraph (1)--
(i) by striking ``June 30, 2006, and not
later than June 30 of every 4th year
thereafter'' and inserting ``180 days after the
date of enactment of the American Energy and
Infrastructure Jobs Act of 2012, and every 4
years thereafter''; and
(ii) by striking ``10 Tier I'' and inserting
``20 standard'';
(C) in paragraph (3) by striking ``Tier I'' and
inserting ``standard''; and
(D) in paragraph (5)--
(i) by striking ``$1,000,000'' and inserting
``$2,000,000'';
(ii) by striking ``2005 through 2009'' and
inserting ``2013 through 2016''; and
(iii) by striking ``Tier I'' and inserting
``standard'';
(6) by striking subsection (g) and redesignating subsections
(h) through (m) as subsections (g) through (l), respectively;
(7) in subsection (h) (as redesignated by paragraph (5) of
this section)--
(A) by striking ``Maintenance of Effort.--''and all
that follows through ``In order to be'' and inserting
``Maintenance of Effort.--In order to be''; and
(B) by striking paragraph (2);
(8) in subsection (i) (as redesignated by paragraph (5) of
this section)--
(A) by striking ``50'' and inserting ``65''; and
(B) by striking ``503'' and inserting ``503A''; and
(9) by adding at the end the following:
``(m) Annual Report.--The Secretary shall submit to the Committee on
Science, Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make available
to the public on the Department's Web site, an annual report on the
university transportation center program under this section detailing
the activities of the regional and standard centers during the previous
year and how such activities reflect the priorities of the strategic
plan required under section 508(a) of title 23.''.
SEC. 7022. BUREAU OF TRANSPORTATION STATISTICS.
Section 111 of title 49, United States Code, is amended--
(1) in subsection (c) by striking paragraph (5) and inserting
the following:
``(5) Transportation statistics.--Collecting, compiling,
analyzing, and publishing a comprehensive set of transportation
statistics on the performance and impacts of the national
transportation system, including statistics on--
``(A) transportation safety across all modes and
intermodally;
``(B) the state of good repair of United States
transportation infrastructure;
``(C) the extent, connectivity, and condition of the
transportation system, building on the national
transportation atlas database developed under
subsection (g);
``(D) economic efficiency across the entire
transportation sector;
``(E) the effects of the transportation system on
global and domestic economic competitiveness;
``(F) demographic, economic, and other variables
influencing travel behavior, including choice of
transportation mode and goods movement;
``(G) transportation-related variables that influence
the domestic economy and global competiveness;
``(H) economic costs and impacts for passenger travel
and freight movement;
``(I) intermodal and multimodal passenger movement;
and
``(J) consequences of transportation for the
environment.'';
(2) by striking subsection (d) and inserting the following:
``(d) Access to Federal Data.--In carrying out subsection (c), the
Director shall be provided access to all transportation and
transportation-related information and data, including safety-related
data, held by an agency of the Department of Transportation and, upon
written request and subject to any statutory or regulatory
restrictions, to all such data held by any other Federal Government
agency, that is germane to carrying out subsection (c).'';
(3) in subsection (n) by striking ``Mass Transit'' and
inserting ``Alternative Transportation''; and
(4) in subsection (o)(2)--
(A) in subparagraph (A) by inserting ``and'' after
the semicolon;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph
(B).
SEC. 7023. ADMINISTRATIVE AUTHORITY.
Section 112 of title 49, United States Code, is amended by adding at
the end the following:
``(f) Program Evaluation and Oversight.--For each of fiscal years
2013 through 2016, the Administrator may expend not more than 1 \1/2\
percent of the amounts authorized to be appropriated for the
administration and operation of the Research and Innovative Technology
Administration to carry out the coordination, evaluation, and oversight
of the programs administered by the Administration.
``(g) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
multimodal transportation problems and stimulate the deployment
of new technology, the Administrator may carry out, on a cost-
shared basis, collaborative research and development with--
``(A) non-Federal entities, including State and local
governments, foreign governments, institutions of
higher education, corporations, institutions,
partnerships, sole proprietorships, and trade
associations that are incorporated or established under
the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies.
``(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the Administrator
may directly initiate contracts, grants, cooperative research
and development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)), and other agreements to fund, and accept funds from,
the Transportation Research Board of the National Research
Council of the National Academy of Sciences, State departments
of transportation, cities, counties, institutions of higher
education, associations, and the agents of those entities to
carry out joint transportation research and technology efforts.
``(3) Federal share.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of an activity carried out
under paragraph (2) shall not exceed 50 percent.
``(B) Exception.--If the Secretary determines that
the activity is of substantial public interest or
benefit, the Secretary may approve a greater Federal
share.
``(C) Non-federal share.--All costs directly incurred
by the non-Federal partners, including personnel,
travel, facility, and hardware development costs, shall
be credited toward the non-Federal share of the cost of
an activity described in subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a contract, grant, cooperative research
and development agreement, or other agreement entered into
under this subsection, including the terms under which the
technology may be licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).''.
SEC. 7024. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Additional Repeals.--Sections 5308, 5309, 5310, 5501, 5506, 5507,
5511, and 5513 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users are repealed.
(b) Table of Contents for SAFETEA-LU.--The table of contents for the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users is amended by striking the items relating to sections
5303 through 5310, 5501, 5506, 5507, 5511, and 5513.
(c) Conforming Amendment.--Section 6010(c) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (23
U.S.C. 512 note) is amended by striking ``subtitle C of title V of this
Act'' and inserting ``section 501 of title 23, United States Code''.
TITLE VIII--RAILROADS
Subtitle A--Repeals and Reforms of Intercity Passenger Rail Capital
Grant Programs
SEC. 8001. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS.
Chapter 223 of title 49, United States Code, and the item relating
thereto in the table of chapters for subtitle V of such title, are
repealed.
SEC. 8002. CONGESTION GRANTS.
Section 24105 of title 49, United States Code, and the item relating
thereto in the table of sections for chapter 241 of such title, are
repealed.
SEC. 8003. INTERCITY PASSENGER RAIL CAPITAL GRANTS TO STATES.
(a) Amendments.--Section 24402 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``Capital investment
grants to support intercity passenger rail service'' and
inserting ``Intercity passenger rail capital grants to
States'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (l) as
subsections (b) through (k), respectively;
(4) in subsection (b)(1)(D), as so redesignated by paragraph
(3) of this subsection, by striking ``that if an applicant has
selected the proposed operator of its service competitively,
that the applicant provide'' and inserting ``that the applicant
shall select the proposed operator of its service
competitively, and that the applicant shall provide'';
(5) in subsection (b)(2)(B), as so redesignated by paragraph
(3) of this subsection--
(A) by inserting ``and'' at the end of clause (ii);
and
(B) by inserting ``and'' at the end of clause (iii);
and
(C) by striking clauses (iv) and (v);
(6) in subsection (c), as so redesignated by paragraph (3) of
this subsection, by striking ``subsection (c)(1)(A)'' and
inserting ``subsection (b)(1)(A)'';
(7) in subsection (d), as so redesignated by paragraph (3) of
this subsection, by striking ``subsection (g)'' and inserting
``subsection (f)'';
(8) in subsection (e)(2), as so redesignated by paragraph (3)
of this subsection, by striking ``subsection (c)'' and
inserting ``subsection (b)'';
(9) in subsection (f), as so redesignated by paragraph (3) of
this subsection, by striking paragraphs (3) and (4); and
(10) in subsection (g), as so redesignated by paragraph (3)
of this subsection, by amending the second sentence to read as
follows: ``If any amount provided as a grant under this section
is not obligated within 3 years after the date on which the
State is awarded the grant, such amount shall be rescinded and
deposited to the general fund of the Treasury, where such
amount shall be dedicated for the sole purpose of deficit
reduction and prohibited from use as an offset for other
spending increases or revenue reductions.''.
(b) Conforming Amendment.--The item relating to section 24402 in the
table of sections for chapter 244 of title 49, United States Code, is
amended to read as follows:
``24402. Intercity passenger rail capital grants to States.''.
Subtitle B--Amtrak Reforms
SEC. 8101. AUTHORIZATION FOR AMTRAK OPERATING EXPENSES.
Section 101(a) of the Passenger Rail Investment and Improvement Act
of 2008 (Division B of Public Law 110-432, 122 Stat. 4908) is amended--
(1) in paragraph (4), by striking ``$616,000,000'' and
inserting ``$466,000,000''; and
(2) in paragraph (5), by striking ``$631,000,000'' and
inserting ``$473,250,000''.
SEC. 8102. LIMITATIONS ON AMTRAK AUTHORITY.
Section 24305 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(g) Limitations on Use of Federal Funds.--
``(1) Limitations.--Amtrak may not use any Federal funds for
the following purposes:
``(A) Hiring or contracting with any outside legal
professional for the purpose of filing, litigating, or
otherwise pursuing any cause of action in a Federal or
State court against a passenger rail service provider.
``(B) Filing, litigating, or otherwise pursuing in
any Federal or State court any cause of action against
a passenger rail service provider arising from a
competitive bid process in which Amtrak and the
passenger rail service provider participated.
``(2) Definitions.--For the purposes of this subsection--
``(A) the term `outside legal professional' means any
individual, corporation, partnership, limited liability
corporation, limited liability partnership, or other
private entity in the business of providing legal
services that is not employed on a full-time basis
solely by Amtrak; and
``(B) the term `passenger rail service provider'
means any company, partnership, or other public or
private entity that operates passenger rail service or
bids to operate passenger rail service in a competitive
process.''.
SEC. 8103. APPLICABILITY OF LAWS.
(a) Title 18 Violations.--For purposes of sections 286, 287, 371,
641, 1001, and 1002 of title 18, United States Code, and, with respect
to audits conducted by the Amtrak Office of the Inspector General, for
purposes of section 1516 of such title, Amtrak and the Amtrak Office of
the Inspector General shall be considered to be agencies of the United
States Government.
(b) False Claims.--Claims made or presented to Amtrak shall be
considered as claims under section 3729(b)(2)(A)(ii) of title 31,
United States Code, and statements made or presented to Amtrak shall be
considered as statements under section 3729(a)(1)(B) and (G) of title
31, United States Code.
(c) Limitation.--Subsections (a) and (b) shall be effective only with
respect to a fiscal year for which Amtrak receives a Federal subsidy.
SEC. 8104. INSPECTOR GENERAL OF AMTRAK.
(a) In General.--Chapter 243 is amended by inserting after section
24316 the following:
``Sec. 24317. Inspector General
``(a) Investigation Authority.--The Inspector General of Amtrak shall
have all authority available to other Inspectors General, as necessary
in carrying out the duties specified in the Inspector General Act 1978
(5 U.S.C. App. 3), to investigate any alleged violation of section 286,
287, 371, 641, 1001, or 1002 of title 18, and, with respect to audits
conducted by the Amtrak Office of the Inspector General, any violation
of section 1516 of such title.
``(b) Services From General Services Administration.--The Inspector
General of Amtrak may obtain from the Administrator of General
Services, and the Administrator shall provide to the Inspector General,
services under sections 502(a) and 602 of title 40, including travel
programs.
``(c) Qualified Immunity.--
``(1) In general.--An employee of the Amtrak Office of
Inspector General shall enjoy the same personal qualified
immunity from lawsuit or liability as the employees of other
inspectors general that operate under authority of the
Inspector General Act of 1978 with respect to the performance
of investigative, audit, or inspection functions authorized
under that Act that are carried out for the Amtrak Office of
Inspector General.
``(2) Federal government liability.--No liability of any kind
shall attach to or rest upon the United States for any damages
from or by any actions of the Amtrak Office of Inspector
General, its employees, agents, or representatives.''.
(b) Conforming Amendment.--The table of sections for chapter 243 is
amended by inserting after the item relating to section 24316 the
following:
``24317. Inspector General.''.
SEC. 8105. AMTRAK MANAGEMENT ACCOUNTABILITY.
Section 24310 is amended to read as follows:
``Sec. 24310. Management accountability
``(a) In General.--Promptly after the date of enactment of the
American Energy and Infrastructure Jobs Act of 2012, and again not
later than 5 years after the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008, the Inspector General of the
Department of Transportation shall complete an overall assessment of
the progress made by the Department of Transportation, and the
Inspector General of Amtrak shall complete an overall assessment of the
progress made by Amtrak management, in implementing the provisions of
the Passenger Rail Investment and Improvement Act of 2008.
``(b) Assessment.--The management assessment undertaken by the Amtrak
Inspector General may include a review of--
``(1) effectiveness in improving annual financial planning;
``(2) effectiveness in implementing improved financial
accounting;
``(3) efforts to implement minimum train performance
standards;
``(4) progress maximizing revenues, minimizing Federal
subsidies, and improving financial results; and
``(5) any other aspect of Amtrak operations the Amtrak
Inspector General finds appropriate to review.''.
SEC. 8106. AMTRAK FOOD AND BEVERAGE SERVICE.
(a) Authority.--Section 24305(c)(4) of title 49, United States Code,
is amended by striking ``only if revenues from the services each year
at least equal the cost of providing the services'' and inserting
``only as provided in subsection (h)''.
(b) Procedures.--Section 24305 of title 49, United States Code, is
further amended by adding at the end the following new subsection:
``(h) Food and Beverage Service.--
``(1) In general.--Except as provided in paragraph (6), food
and beverage service may be provided on Amtrak trains only by a
bidder selected by the Federal Railroad Administration under
paragraph (5). The Federal Railroad Administration may consult
with and obtain assistance from the General Services
Administration in carrying out this subsection.
``(2) Requests for proposals.--Not later than 60 days after
the date of enactment of this subsection, the Federal Railroad
Administration shall issue separate requests for proposals for
provision of food and beverage service on Amtrak trains on the
national rail passenger transportation system for each of
subparagraphs (A) through (D) of section 24102(5).
``(3) Deadlines.--
``(A) Submittal of bids.--Bids for the provision of
food and beverage service on Amtrak trains pursuant to
the requests for proposals issued under paragraph (2)
shall be submitted to the Federal Railroad
Administration not later than 60 days after the
issuance of the relevant request for proposals.
``(B) Selection of winning bids.--The Federal
Railroad Administration shall select winning bidders
pursuant to paragraph (5) not later than 90 days after
the issuance of the relevant request for proposals.
``(4) Amtrak participation.--Amtrak may participate in the
bidding pursuant to a request for proposals issued under
paragraph (2).
``(5) Selection of providers.--The Federal Railroad
Administration shall select for the provision of food and
beverage service on Amtrak trains the qualified bidder
responding to the request for proposals issued under paragraph
(2) whose bid would result in the lowest cost, or the greatest
source of revenue, to Amtrak.
``(6) Exemption.--If no qualified bidder responds to the
request for proposals issued under paragraph (2), Amtrak, after
transmitting to the Federal Railroad Administration and the
Congress an explanation of the reasons for the need of an
exemption, may request from the Federal Railroad
Administration, and the Federal Railroad Administration may
grant, an exemption from the limitations under this subsection.
``(7) Subsidy for net loss.--The Federal Railroad
Administration shall provide directly to the entity providing
food and beverage service on Amtrak trains any portion of
appropriations for Amtrak necessary to cover a net loss
resulting from the provision of such service, but only to the
extent that such net loss was anticipated in the bid
selected.''.
SEC. 8107. APPLICATION OF BUY AMERICA TO AMTRAK.
Section 24305(f) of title 49, United States Code, is amended by
adding at the end the following new paragraphs:
``(5) The requirements of this subsection apply to all contracts for
a project carried out within the scope of the applicable finding,
determination, or decision under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of
such contracts, if at least one contract for the project is funded with
amounts made available to carry out this title.
``(6) If the Secretary receives a request for an exemption under this
subsection, the Secretary shall provide notice of and an opportunity
for public comment on the request at least 30 days before making a
finding based on the request. Such a notice shall include the
information available to the Secretary concerning the request and shall
be provided by electronic means, including on the official public
Internet Web site of the Department of Transportation. If the Secretary
grants an exemption under this subsection, the Secretary shall publish
in the Federal Register a detailed justification for the exemption that
addresses the public comments received under this paragraph and shall
ensure that such justification is published before the exemption takes
effect.''.
Subtitle C--Project Development and Review
SEC. 8201. PROJECT DEVELOPMENT AND REVIEW.
(a) Amendment.--Part B of subtitle V of title 49, United States Code,
is amended by adding at the end the following new chapter:
``CHAPTER 229--PROJECT DEVELOPMENT AND REVIEW
``Sec.
``22901. Applicability.
``22902. Definitions.
``22903. Efficient environmental reviews for rail project
decisionmaking.
``22904. Integration of planning and environmental review.
``22905. Program for eliminating duplication of environmental reviews.
``22906. Railroad corridor preservation.
``22907. Treatment of railroads for historic preservation.
``22908. Categorical exclusion.
``22909. State assumption of responsibility for categorical exclusions.
``22910. Rail project delivery program.
``22911. Exemption in emergencies.
``Sec. 22901. Applicability
``The provisions of this chapter--
``(1) shall be applicable to any freight or intercity
passenger rail capital project that is carried out or planned
to be carried out with the use of Federal funds administered by
the Federal Railroad Administration through a grant, contract,
loan, or other financing instrument;
``(2) shall be broadly construed; and
``(3) may be applied by the Secretary to any class or program
of such projects.
``Sec. 22902. Definitions
``In this chapter, the following definitions apply:
``(1) Agency.--The term `agency' means any agency,
department, or other unit of Federal, State, local, or Indian
tribal government.
``(2) Environmental impact statement.--The term
`environmental impact statement' means the detailed statement
of environmental impacts required to be prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(3) Environmental law.--The term `environmental law'
includes any law that provides procedural or substantive
protection, as applicable, for the natural or built environment
with regard to the construction and operation of transportation
projects.
``(4) Environmental review process.--
``(A) In general.--The term `environmental review
process' means the process for preparing for a rail
project an environmental impact statement,
environmental assessment, categorical exclusion, or
other document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(B) Inclusions.--The term `environmental review
process' includes the process for and completion of any
environmental permit, approval, review, or study
required for a rail project under any Federal law other
than the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(5) Federal environmental laws.--The term `Federal
environmental laws' means Federal laws governing the review,
including through the issuance of permits and other approvals
of environmental impacts of, the construction and operation of
transportation projects. Such term includes section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344), section 106 of the National Historic
Preservation Act (16 U.S.C. 470f), and sections 7(a)(2),
9(a)(1)(B), and 10(a)(1)(B) of the Endangered Species Act of
1973 (16 U.S.C. 1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)).
``(6) Federal lead agency.--The term `Federal lead agency'
means the Department of Transportation.
``(7) Joint lead agency.--The term `joint lead agency' means
an agency designated as a joint lead agency as described in
paragraph (1) or (2) of section 22903(b).
``(8) Lead agency.--The term `lead agency' means the
Department of Transportation and, if applicable, any joint lead
agency.
``(9) Planning product.--The term `planning product' means
any decision, analysis, study, or other documented result of an
evaluation or decisionmaking process carried out during rail
and transportation planning.
``(10) Project sponsor.--The term `project sponsor' means the
State agency or other entity, including any private or public-
private entity, that seeks approval of the Secretary for a rail
project.
``(11) Rail project.--The term `rail project' means any
freight or intercity passenger rail capital project that is
carried out or is planned to be carried out with the use of
Federal funds administered by the Federal Railroad
Administration through a grant, contract, loan, or other
financing instrument.
``(12) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(13) State.--The term `State' has the meaning given that
term in section 22701(3).
``(14) State transportation department.--The term `State
transportation department' means any statewide agency of a
State with responsibility for one or more modes of
transportation.
``Sec. 22903. Efficient environmental reviews for rail project
decisionmaking
``(a) Applicability.--
``(1) In general.--The project development procedures in this
section are applicable to all rail projects for which an
environmental impact statement is prepared under the National
Environmental Policy Act of 1969 and may be applied, to the
extent determined appropriate by the Secretary, to other rail
projects for which an environmental document is prepared as
part of an environmental review process.
``(2) Flexibility.--Any authorities granted in this section
may be exercised, and any requirements established in this
section may be satisfied, for a rail project, class of
projects, or program of rail projects.
``(3) Funding threshold.--The Secretary's approval of a rail
project involving Federal funds shall not be considered a
Federal action for the purposes of the National Environmental
Policy Act of 1969 if the Federal funding share--
``(A) constitutes 15 percent or less of the total
estimated project costs; or
``(B) is less than $10,000,000.
``(4) Programmatic compliance.--At the request of a State,
the Secretary may modify the procedures developed under this
section to encourage programmatic approaches and strategies
with respect to environmental programs and permits (in lieu of
project-by-project reviews).
``(b) Lead Agencies.--
``(1) In general.--If the rail project requires approval from
more than one modal administration within the Department of
Transportation, the Secretary shall designate a single modal
administration to serve as the Federal lead agency for the
Department in the environmental review process for the project.
``(2) Joint lead agencies.--Nothing in this section precludes
another agency from being a joint lead agency in accordance
with regulations under the National Environmental Policy Act of
1969.
``(3) Project sponsor as joint lead agency.--Any project
sponsor that is a State or local governmental entity applying
to receive or receiving Federal funds for the rail project
shall serve as a joint lead agency with the Department of
Transportation for purposes of preparing any environmental
document under the National Environmental Policy Act of 1969
and may prepare any such environmental document required in
support of any action or approval by the Secretary if the
Federal lead agency furnishes guidance in such preparation and
independently evaluates such document and the document is
approved and adopted by the Secretary prior to the Secretary
taking any subsequent action or making any approval based on
such document, whether or not the Secretary's action or
approval results in Federal funding.
``(4) Ensuring compliance.--The Secretary shall ensure that a
project sponsor complies with all design and mitigation
commitments made jointly by the Secretary and the project
sponsor in any environmental document prepared by the project
sponsor in accordance with this subsection, and that such
document is appropriately supplemented if rail project changes
become necessary.
``(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency in making any approval
of a rail project as the document required to be completed
under the National Environmental Policy Act of 1969.
``(6) Roles and responsibility of lead agency.--With respect
to the environmental review process for any rail project, the
lead agency shall have authority and responsibility--
``(A) to take such actions as are necessary and
proper, within the authority of the lead agency, to
facilitate the expeditious resolution of the
environmental review process for the rail project; and
``(B) to prepare or ensure that any required
environmental impact statement or other document
required to be completed under the National
Environmental Policy Act of 1969 is completed in
accordance with this section and other applicable
Federal law.
``(c) Participating Agencies.--
``(1) In general.--The lead agency shall be responsible for
inviting and designating participating agencies in accordance
with this subsection.
``(2) Invitation.--The lead agency shall identify, as early
as practicable in the environmental review process for a rail
project, any other Federal and non-Federal agencies that may
have an interest in the rail project, and shall invite such
agencies to become participating agencies in the environmental
review process for the rail project. The invitation shall set a
deadline for responses to be submitted. The deadline may be
extended by the lead agency for good cause.
``(3) Federal participating agencies.--Any Federal agency
that is invited by the lead agency to participate in the
environmental review process for a rail project shall be
designated as a participating agency by the lead agency unless
the invited agency informs the lead agency, in writing, by the
deadline specified in the invitation that the invited agency--
``(A) has no jurisdiction or authority with respect
to the rail project;
``(B) has no expertise or information relevant to the
rail project; and
``(C) does not intend to submit comments on the rail
project.
``(4) Effect of designation.--
``(A) Requirement.--A participating agency shall
comply with the requirements of this section and any
schedule established under this section.
``(B) Implication.--Designation as a participating
agency under this subsection shall not imply that the
participating agency--
``(i) supports a proposed rail project; or
``(ii) has any jurisdiction over, or special
expertise with respect to evaluation of, the
rail project.
``(5) Cooperating agency.--A participating agency may also be
designated by a lead agency as a `cooperating agency' under the
regulations contained in part 1500 of title 40, Code of Federal
Regulations.
``(6) Designations for categories of rail projects.--The
Secretary may exercise the authorities granted under this
subsection for a rail project, class of rail projects, or
program of rail projects.
``(7) Concurrent reviews.--Each participating agency and
cooperating agency shall--
``(A) carry out obligations of that agency under
other applicable law concurrently, and in conjunction,
with the review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the agency to
ensure completion of the environmental review process
in a timely, coordinated, and environmentally
responsible manner.
``(d) Rail Project Initiation.--The project sponsor shall notify the
Secretary of the type of work, length, and general location of the
proposed rail project, together with a statement of any Federal
approvals anticipated to be necessary for the proposed rail project,
for the purpose of informing the Secretary that the environmental
review process should be initiated. The project sponsor may satisfy
this requirement by submitting to the Secretary a draft notice for
publication in the Federal Register announcing the preparation of an
environmental impact statement for the rail project.
``(e) Purpose and Need.--
``(1) Participation.--As early as practicable during the
environmental review process, the lead agency shall provide an
opportunity for involvement by participating agencies and the
public in defining the purpose and need for a rail project.
``(2) Definition.--Following participation under paragraph
(1), the lead agency shall define the rail project's purpose
and need for purposes of any document which the lead agency is
responsible for preparing for the rail project.
``(3) Objectives.--The statement of purpose and need shall
include a clear statement of the objectives that the proposed
action is intended to achieve, which may include--
``(A) achieving a transportation objective identified
in an applicable rail or transportation plan;
``(B) supporting land use, economic development, or
growth objectives established in applicable Federal,
State, local, or tribal plans;
``(C) serving national defense, national security, or
other national objectives, as established in Federal
laws, plans, or policies; and
``(D) serving the purpose for which the applicable
grant, contract, loan, or other financing program was
established.
``(4) Alternatives analysis.--
``(A) Participation.--As early as practicable during
the environmental review process, the lead agency shall
provide an opportunity for involvement by participating
agencies and the public in determining the range of
alternatives to be considered for a rail project.
``(B) Range of alternatives.--
``(i) In general.--Following participation
under paragraph (1), the lead agency shall
determine the range of alternatives for
consideration in any document which the lead
agency is responsible for preparing for the
rail project.
``(ii) Restriction.--A Federal agency may not
require the evaluation of any alternative that
was evaluated, but not adopted--
``(I) in any prior State or Federal
environmental document with regard to
the applicable transportation or rail
plan or program; or
``(II) after the preparation of a
programmatic or tiered environmental
document that evaluated alternatives to
the rail project.
``(iii) Legal sufficiency.--The evaluation of
the range of alternatives shall be deemed
legally sufficient if the environmental
document complies with the requirements of this
paragraph.
``(C) Methodologies.--
``(i) In general.--The lead agency also shall
determine, after consultation with
participating agencies as part of the scoping
process, the methodologies to be used and the
level of detail required in the analysis of
each alternative for a rail project.
``(ii) Comments.--Each participating agency
shall limit comments on such methodologies to
those issues that are within the authority and
expertise of such participating agency.
``(iii) Studies.--The lead agency may not
conduct studies proposed by any participating
agency that are not within the authority or
expertise of such participating agency.
``(D) Preferred alternative.--At the discretion of
the lead agency, the preferred alternative for a rail
project, after being identified, may be developed to a
higher level of detail than other alternatives in order
to facilitate the development of mitigation measures or
concurrent compliance with other applicable laws if the
lead agency determines that the development of such
higher level of detail will not prevent the lead agency
from making an impartial decision as to whether to
accept another alternative which is being considered in
the environmental review process.
``(E) Limitations on the evaluation of impacts
evaluated in prior environmental documents.--
``(i) In general.--The lead agency may not
reevaluate, and a Federal agency may not
require the reevaluation of, cumulative impacts
or growth-inducing impacts where such impacts
were previously evaluated in--
``(I) a rail transportation plan or
program;
``(II) a prior environmental document
approved by the Secretary; or
``(III) a prior State environmental
document approved pursuant to a State
law that is substantially equivalent to
section 102(2)(C) of the National
Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
``(ii) Legal sufficiency.--The evaluation of
cumulative impacts and growth inducing impacts
shall be deemed legally sufficient if the
environmental document complies with the
requirements of this paragraph.
``(5) Effective decisionmaking.--
``(A) Concurrence.--At the discretion of the lead
agency, a participating agency shall be presumed to
concur in the determinations made by the lead agency
under this subsection unless the participating agency
submits an objection to the lead agency in writing
within 30 days after receiving notice of the lead
agency's determination and specifies the statutory
basis for the objection.
``(B) Adoption of determination.--If the
participating agency concurs or does not object within
the 30-day period, the participating agency shall adopt
the lead agency's determination for purposes of any
reviews, approvals, or other actions taken by the
participating agency as part of the environmental
review process for the rail project.
``(f) Coordination and Scheduling.--
``(1) Coordination plan.--
``(A) In general.--The lead agency shall establish a
rail plan for coordinating public and agency
participation in and comment on the environmental
review process for a rail project, category of rail
projects, or program of rail projects. The coordination
plan may be incorporated into a memorandum of
understanding.
``(B) Schedule.--
``(i) In general.--The lead agency may
establish as part of the coordination plan,
after consultation with each participating
agency for the rail project and with each State
in which the rail project is located (and, if
the State is not the project sponsor, with the
project sponsor), a schedule for completion of
the environmental review process for the rail
project.
``(ii) Factors for consideration.--In
establishing the schedule, the lead agency
shall consider factors such as--
``(I) the responsibilities of
participating agencies under applicable
laws;
``(II) resources available to the
cooperating agencies;
``(III) overall size and complexity
of the rail project;
``(IV) the overall schedule for and
cost of the rail project; and
``(V) the sensitivity of the natural
and historic resources that could be
affected by the rail project.
``(C) Consistency with other time periods.--A
schedule under subparagraph (B) shall be consistent
with any other relevant time periods established under
Federal law.
``(D) Modification.--The lead agency may--
``(i) lengthen a schedule established under
subparagraph (B) for good cause; and
``(ii) shorten a schedule only with the
concurrence of the affected cooperating
agencies.
``(E) Dissemination.--A copy of a schedule
established under subparagraph (B), and of any
modifications to the schedule, shall be--
``(i) provided to all participating agencies
and to the State transportation department of
each State in which the rail project is located
(and, if the State is not the project sponsor,
to the project sponsor); and
``(ii) made available to the public.
``(2) Comment deadlines.--The lead agency shall establish the
following deadlines for comment during the environmental review
process for a rail project:
``(A) For comments by agencies and the public on a
draft environmental impact statement, a period of not
more than 60 days after publication in the Federal
Register of notice of the date of public availability
of such document, unless--
``(i) a different deadline is established by
agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(B) For all other comment periods established by
the lead agency for agency or public comments in the
environmental review process, a period of no more than
30 days from availability of the materials on which
comment is requested, unless--
``(i) a different deadline is established by
agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(3) Deadlines for decisions under other laws.--
``(A) Prior approval deadline.--If a participating
agency is required to make a determination regarding or
otherwise approve or disapprove the rail project prior
to the record of decision or finding of no significant
impact of the lead agency, such participating agency
shall make such determination or approval no later than
30 days after the lead agency publishes notice of the
availability of a final environmental impact statement
or other final environmental document, or no later than
such other date that is otherwise required by law,
whichever occurs first.
``(B) Other deadlines.--With regard to any
determination or approval of a participating agency
that is not subject to subparagraph (A), each
participating agency shall make any required
determination regarding or otherwise approve or
disapprove the rail project no later than 90 days after
the date that the lead agency approves the record of
decision or finding of no significant impact for the
rail project, or not later than such other date that is
otherwise required by law, whichever occurs first.
``(C) Deemed approved.--In the event that any
participating agency fails to make a determination or
approve or disapprove the rail project within the
applicable deadline described in subparagraphs (A) and
(B), the rail project shall be deemed approved by such
participating agency and such approval shall be deemed
to comply with the applicable requirements of Federal
law.
``(D) Judicial review.--
``(i) In general.--An approval of a rail
project under subparagraph (C) shall not be
subject to judicial review.
``(ii) Written finding.--The Secretary may
issue a written finding verifying the approval
made in accordance with this paragraph.
``(g) Issue Identification and Resolution.--
``(1) Cooperation.--The lead agency and the participating
agencies shall work cooperatively in accordance with this
section to identify and resolve issues that could delay
completion of the environmental review process or could result
in denial of any approvals required for the rail project under
applicable laws.
``(2) Lead agency responsibilities.--The lead agency shall
make information available to the participating agencies as
early as practicable in the environmental review process
regarding the environmental and socioeconomic resources located
within the rail project area and the general locations of the
alternatives under consideration. Such information may be based
on existing data sources, including geographic information
systems mapping.
``(3) Participating agency responsibilities.--Based on
information received from the lead agency, participating
agencies shall identify, as early as practicable, any issues of
concern regarding the rail project's potential environmental or
socioeconomic impacts. In this paragraph, issues of concern
include any issues that could substantially delay or prevent an
agency from granting a permit or other approval that is needed
for the rail project.
``(4) Issue resolution.--
``(A) Meeting of participating agencies.--At any time
upon request of a project sponsor or the Governor of a
State in which the rail project is located, the lead
agency shall promptly convene a meeting with the
relevant participating agencies, the project sponsor,
and the Governor (if the meeting was requested by the
Governor) to resolve issues that could delay completion
of the environmental review process or could result in
denial of any approvals required for the rail project
under applicable laws.
``(B) Notice that resolution cannot be achieved.--If
a resolution cannot be achieved within 30 days
following such a meeting and a determination by the
lead agency that all information necessary to resolve
the issue has been obtained, the lead agency shall
notify the heads of all participating agencies, the
project sponsor, the Governor, the Committee on
Environment and Public Works of the Senate, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Council on
Environmental Quality, and shall publish such
notification in the Federal Register.
``(C) Resolution final.--
``(i) In general.--The lead agency and
participating agencies may not reconsider the
resolution of any issue agreed to by the
relevant agencies in a meeting under
subparagraph (A).
``(ii) Compliance with applicable law.--Any
such resolution shall be deemed to comply with
applicable law notwithstanding that the
agencies agreed to such resolution prior to the
approval of the environmental document.
``(h) Streamlined Documentation and Decisionmaking.--
``(1) In general.--The lead agency in the environmental
review process for a rail project, in order to reduce paperwork
and expedite decisionmaking, shall prepare a condensed final
environmental impact statement.
``(2) Condensed format.--A condensed final environmental
impact statement for a rail project in the environmental review
process shall consist only of--
``(A) an incorporation by reference of the draft
environmental impact statement;
``(B) any updates to specific pages or sections of
the draft environmental impact statement as
appropriate; and
``(C) responses to comments on the draft
environmental impact statement and copies of the
comments.
``(3) Timing of decision.--Notwithstanding any other
provision of law, in conducting the environmental review
process for a rail project, the lead agency shall combine a
final environmental impact statement and a record of decision
for the rail project into a single document if--
``(A) the alternative approved in the record of
decision is either a preferred alternative that was
identified in the draft environmental impact statement
or is a modification of such preferred alternative that
was developed in response to comments on the draft
environmental impact statement; and
``(B) the Secretary determines that the lead agency,
participating agency, or the project sponsor has
committed to implement the measures applicable to the
approved alternative that are identified in the final
environmental impact statement.
``(i) Supplemental Environmental Review and Re-evaluation.--
``(1) Supplemental environmental review.--After the approval
of a record of decision or finding of no significant impact
with regard to a rail project, an agency may not require the
preparation of a subsequent environmental document for such
rail project unless the lead agency determines that--
``(A) changes to the rail project will result in new
significant impacts that were not evaluated in the
environmental document; or
``(B) new information has become available or changes
in circumstances have occurred after the lead agency
approval of the rail project that will result in new
significant impacts that were not evaluated in the
environmental document.
``(2) Re-evaluations.--The Secretary may only require the re-
evaluation of a document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
``(A) the Secretary determines that the events in
paragraph (1)(A) or (1)(B) apply; and
``(B) more than 5 years has elapsed since the
Secretary's prior approval of the rail project or
authorization of rail project funding.
``(3) Change to record of decisions.--After the approval of a
record of decision, the Secretary may not require the record of
decision to be changed based solely because of a change in the
fiscal circumstances surrounding the rail project.
``(j) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress toward improving and
expediting the planning and environmental review processes.
``(k) Assistance to Affected State and Federal Agencies.--
``(1) In general.--For a rail project that is subject to the
environmental review process established under this section and
for which funds are made available to a State under funding
programs administered by the Federal Railroad Administration,
the Secretary may approve a request by the State to provide
such funds to affected Federal agencies (including the
Department of Transportation), State agencies, and Indian
tribes participating in the environmental review process for
the rail projects in that State or participating in a State
process that has been approved by the Secretary for that State.
Such funds may be provided only to support activities that
directly and meaningfully contribute to expediting and
improving transportation or rail project planning and delivery
for rail projects in that State.
``(2) Activities eligible for funding.--Activities for which
funds may be provided under paragraph (1) include
transportation planning activities that precede the initiation
of the environmental review process, dedicated staffing,
training of agency personnel, information gathering and
mapping, and development of programmatic agreements.
``(3) Amounts.--Requests under paragraph (1) may be approved
only for the additional amounts that the Secretary determines
are necessary for the Federal agencies, State agencies, or
Indian tribes participating in the environmental review process
to meet the time limits for environmental review.
``(4) Condition.--A request under paragraph (1) to expedite
time limits for environmental review may be approved only if
such time limits are less than the customary time necessary for
such review.
``(l) Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of the American Energy and Infrastructure Jobs Act of
2012, the Secretary, by regulation, shall--
``(A) implement this section; and
``(B) establish methodologies and procedures for
evaluating the environmental impacts, including
cumulative impacts and growth-inducing impacts, of rail
projects subject to this section.
``(2) Compliance with applicable law.--Any environmental
document that utilizes the methodologies and procedures
established under this subsection shall be deemed to comply
with the applicable requirements of--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or its implementing
regulations; or
``(B) any other Federal environmental statute
applicable to rail projects.
``(m) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of a permit, license, or approval issued by a Federal agency
for a rail project shall be barred unless it is filed within 90
days after publication of a notice in the Federal Register
announcing that the permit, license, or approval is final
pursuant to the law under which the agency action is taken,
unless a shorter time is specified in the Federal law pursuant
to which judicial review is allowed. Nothing in this subsection
shall create a right to judicial review or place any limit on
filing a claim that a person has violated the terms of a
permit, license, or approval.
``(2) New information.--The preparation of a supplemental
environmental impact statement or other environmental document
when required by this section shall be considered a separate
final agency action and the deadline for filing a claim for
judicial review of such action shall be 90 days after the date
of publication of a notice in the Federal Register announcing
such action.
``(n) Limitations on Judicial Relief.--Notwithstanding any other
provision of law, the following limitations shall apply to actions
brought before a court in connection with a rail project under this
section:
``(1) Venue for any action shall be where the rail project is
located.
``(2) A specific property interest impacted by the rail
project in question must exist in order to have standing to
bring an action.
``(3) No action may be commenced by any person alleging a
violation of--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), chapters 5 and 7 of title 5,
or any other Federal environmental law if such Federal
law is identified in the draft environmental impact
statement, unless such person provided written notice
to the lead agency of the alleged violation of law, and
the facts supporting such claim, during the public
comment period on the draft environmental impact
statement; or
``(B) any other law with regard to the rail project
unless such person provided written notice to the
applicable approving agency of the alleged violation of
law, and the facts supporting such claim, during the
public comment period on such agency approval.
``(4) Elected or appointed officials working for the Federal
Government or a State government may not be named in their
individual capacities in an action if they are acting within
the scope of their official duties.
``Sec. 22904. Integration of planning and environmental review
``(a) Adoption of Planning Products for Use in NEPA Proceedings.--
``(1) In general.--Notwithstanding any other provision of law
and subject to the conditions set forth in subsection (c), the
Federal lead agency for a rail project, at the request of the
project sponsors, may adopt and use a planning product in
proceedings relating to any class of action in the
environmental review process of the rail project.
``(2) Partial adoption of planning products.--The Federal
lead agency may adopt a planning product under paragraph (1) in
its entirety or may select portions for adoption.
``(3) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product shall be made at
the time the lead agencies decide the appropriate scope of
environmental review for the rail project.
``(b) Applicability.--
``(1) Planning decisions.--Planning decisions that may be
adopted pursuant to this section include--
``(A) a purpose and need or goals and objectives
statement for the rail project, including with respect
to whether private financial assistance or other
special financial measures are necessary to implement
the rail project;
``(B) a decision with respect to rail project
location;
``(C) a decision with respect to the elimination of
unreasonable alternatives and the selection of the
range of reasonable alternatives for detailed study
during the environmental review process;
``(D) a basic description of the environmental
setting;
``(E) a decision with respect to methodologies for
analysis; and
``(F) identifications of programmatic level
mitigation for potential impacts that the Federal lead
agency, in consultation with Federal, State, local, and
tribal resource agencies, determines are most
effectively addressed at a regional or national program
level, including--
``(i) system-level measures to avoid,
minimize, or mitigate impacts of proposed
transportation and rail investments on
environmental resources, including regional
ecosystem and water resources; and
``(ii) potential mitigation activities,
locations, and investments.
``(2) Planning analyses.--Planning analyses that may be
adopted pursuant to this section include studies with respect
to--
``(A) freight and passenger rail needs and demands;
``(B) regional development and growth;
``(C) local land use, growth management, and
development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally
sensitive areas;
``(G) potential environmental effects, including the
identification of resources of concern and potential
cumulative effects on those resources, identified as a
result of a statewide or regional cumulative effects
assessment; and
``(H) mitigation needs for a proposed action, or
programmatic level mitigation, for potential effects
that the Federal lead agency determines are most
effectively addressed at a regional or national program
level.
``(c) Conditions.--Adoption and use of a planning product under this
section is subject to a determination by the Federal lead agency, in
consultation with joint lead agencies and project sponsors as
appropriate, that the following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning process included broad consideration of
freight and passenger rail needs and potential effects.
``(3) During the planning process, notice was provided, to
the extent required by applicable law, through publication or
other means to Federal, State, and local government agencies
and tribal governments that might have an interest in the
proposed rail project, and to members of the general public, of
the planning products that the planning process might produce
and that might be relied on during the environmental review
process, and such entities have been provided an appropriate
opportunity to participate in the planning process leading to
such planning product.
``(4) Prior to determining the scope of environmental review
for the rail project, the joint lead agencies have made
documentation relating to the planning product available to
Federal, State, and local governmental agencies and tribal
governments that may have an interest in the proposed action,
and to members of the general public.
``(5) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
``(6) The planning product is based on reliable and
reasonably current data and reasonable and scientifically
acceptable methodologies.
``(7) The planning product is documented in sufficient detail
to support the decision or the results of the analysis and to
meet requirements for use of the information in the
environmental review process.
``(8) The planning product is appropriate for adoption and
use in the environmental review process for the rail project.
``(d) Effect of Adoption.--Notwithstanding any other provision of
law, any planning product adopted by the Federal lead agency in
accordance with this section shall not be reconsidered or made the
subject of additional interagency consultation during the environmental
review process of the rail project unless the Federal lead agency, in
consultation with joint lead agencies and project sponsors as
appropriate, determines that there is significant new information or
new circumstances that affect the continued validity or appropriateness
of the adopted planning product. Any planning product adopted by the
Federal lead agency in accordance with this section may be relied upon
and used by other Federal agencies in carrying out reviews of the rail
project.
``(e) Rule of Construction.--This section may not be construed to
make the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) process applicable to the transportation planning processes
conducted under chapters 52 and 227 of this title, section 211 of the
Passenger Rail Investment and Improvement Act of 2008, or section 26101
of this title. Initiation of the National Environmental Policy Act of
1969 process as a part of, or concurrently with, transportation
planning activities does not subject transportation plans and programs
to the National Environmental Policy Act of 1969 process. This section
may not be construed to affect the use of planning products in the
National Environmental Policy Act of 1969 process pursuant to other
authorities under law or to restrict the initiation of the National
Environmental Policy Act of 1969 process during planning.
``Sec. 22905. Program for eliminating duplication of environmental
reviews
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a program to
eliminate duplicative environmental reviews and approvals under
State and Federal law of rail projects. Under this program, a
State may use State laws and procedures to conduct reviews and
make approvals in lieu of Federal environmental laws and
regulations, consistent with the provisions of this section.
``(2) Participating states.--All States are eligible to
participate in the program.
``(3) Scope of alternative review and approval procedures.--
For purposes of this section, alternative environmental review
and approval procedures may include one or more of the
following:
``(A) Substitution of one or more State environmental
laws for one or more Federal environmental laws, if the
Secretary determines in accordance with this section
that the State environmental laws provide environmental
protection and opportunities for public involvement
that are substantially equivalent to the applicable
Federal environmental laws.
``(B) Substitution of one or more State regulations
for Federal regulations implementing one or more
Federal environmental laws, if the Secretary determines
in accordance with this section that the State
regulations provide environmental protection and
opportunities for public involvement that are
substantially equivalent to the Federal regulations.
``(b) Application.--To participate in the program, a State shall
submit to the Secretary an application containing such information as
the Secretary may require, including--
``(1) a full and complete description of the proposed
alternative environmental review and approval procedures of the
State;
``(2) for each State law or regulation included in the
proposed alternative environmental review and approval
procedures of the State, an explanation of the basis for
concluding that the law or regulation meets the requirements
under subsection (a)(3); and
``(3) evidence of having sought, received, and addressed
comments on the proposed application from the public and
appropriate Federal environmental resource agencies.
``(c) Review of Application.--The Secretary shall--
``(1) review an application submitted under subsection (b);
``(2) approve or disapprove the application in accordance
with subsection (d) not later than 90 days after the date of
the receipt of the application; and
``(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons for the
approval or disapproval.
``(d) Approval of State Programs.--
``(1) In general.--The Secretary shall approve each such
application if the Secretary finds that the proposed
alternative environmental review and approval procedures of the
State are substantially equivalent to the applicable Federal
environmental laws and Federal regulations.
``(2) Exclusion.--The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) shall not apply to any decision
by the Secretary to approve or disapprove any application
submitted pursuant to this section.
``(e) Compliance With Permits.--Compliance with a permit or other
approval of a rail project issued pursuant to a program approved by the
Secretary under this section shall be deemed compliance with the
Federal laws and regulations identified in the program approved by the
Secretary pursuant to this section.
``(f) Review and Termination.--
``(1) Review.--All State alternative environmental review and
approval procedures approved under this section shall be
reviewed by the Secretary not less than once every 5 years.
``(2) Public notice and comment.--In conducting the review
process under paragraph (1), the Secretary shall provide notice
and an opportunity for public comment.
``(3) Extensions and terminations.--At the conclusion of the
review process, the Secretary may extend the State alternative
environmental review and approval procedures for an additional
5-year period or terminate the State program.
``(g) Report to Congress.--Not later than 2 years after the date of
enactment of this section, and annually thereafter, the Secretary shall
submit to Congress a report that describes the administration of the
program.
``Sec. 22906. Railroad corridor preservation
``(a) In General.--The Secretary may assist an applicant to acquire
railroad right-of-way and adjacent real property interests before the
completion of the environmental reviews for any rail project that may
use the right-of-way and the real property interests if the acquisition
is otherwise permitted under Federal law. The Secretary may establish
restrictions on such an acquisition as the Secretary determines to be
necessary and appropriate.
``(b) Environmental Reviews.--Railroad right-of-way and real property
interests acquired under this section may not be developed in
anticipation of final approval of the rail project until all required
environmental reviews for the rail project have been completed.
``Sec. 22907. Treatment of railroads for historic preservation
``Except for a railroad operated as a historic site with the purpose
of preserving the railroad for listing in the National Register of
Historic Places, a railroad subject to the safety regulation
jurisdiction of the Federal Railroad Administration, or any portion of
such railroad, or any property in current or former use by a railroad
and intended to be restored to use by a railroad, shall not be
considered a historic site, district, object, structure, or property of
national, State, or local significance for purposes of section 303 of
this title or section 106 or 110 of the National Historic Preservation
Act (16 U.S.C. 470f or 470h-2) by virtue of being listed as a resource
in, or eligible for listing in, the National Register of Historic
Places. At the discretion of the Secretary, with the advice of the
Department of the Interior, significant individual elements of a
railroad such as depots and major bridges would be subject to such
section 106 or 110.
``Sec. 22908. Categorical exclusion
``(a) Treatment of Rail Projects.--The Secretary shall, for the
purposes of this title, treat a rail project as a class of action
categorically excluded from the requirements relating to the
environmental assessment process or the preparation of environmental
impact statements under the standards promulgated by the Council on
Environmental Quality (40 C.F.R. 1508.4), if such rail project--
``(1) replaces or maintains existing railroad equipment;
track and bridge structures; electrification, communication,
signaling, or security facilities; stations; maintenance-of-way
and maintenance-of-equipment bases; or other existing railroad-
related facilities;
``(2) is a rail line addition of any length within an
existing right of way;
``(3) is related to the implementation of positive train
control systems, as required by section 20157 of title 49,
United States Code; or
``(4) replaces, reconstructs, or rehabilitates an existing
railroad bridge, including replacement of a culvert, that does
not require the acquisition of a significant amount of right-
of-way.
``(b) Additional Actions.--If a rail project qualifies for
categorical exclusion under this section except for additional actions
that do not fit in the relevant category, the rail project may be
categorically excluded if the Secretary determines, based on
information provided by the project sponsor, that the additional
actions meet the standards for categorical exclusion promulgated by the
Council on Environmental Quality (40 C.F.R. 1508.4).
``(c) Other Operating Administrations' Categorical Exclusions.--If a
rail project would be eligible for categorical exclusion from the
requirements relating to the environmental assessment process or the
preparation of environmental impact statements by another operating
administration of the Department of Transportation, the Federal
Railroad Administration may categorically exclude the rail project.
``Sec. 22909. State assumption of responsibility for categorical
exclusions
``(a) Categorical Exclusion Determinations.--
``(1) In general.--The Secretary may assign, and a State may
assume, responsibility for determining whether certain
designated activities are included within classes of action
identified by the Secretary that are categorically excluded
from requirements for environmental assessments or
environmental impact statements pursuant to regulations
promulgated by the Council on Environmental Quality under part
1500 of title 40, Code of Federal Regulations (as in effect on
October 1, 2003).
``(2) Scope of authority.--A determination described in
paragraph (1) shall be made by a State in accordance with
criteria established by the Secretary and for any type of
activity for which a categorical exclusion classification is
appropriate.
``(3) Criteria.--The criteria under paragraph (2) shall
include provisions for public availability of information
consistent with section 552 of title 5 and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(4) Preservation of flexibility.--The Secretary shall not
require a State, as a condition of assuming responsibility
under this section, to forego project delivery methods that are
otherwise permissible for rail projects.
``(b) Other Applicable Federal Laws.--
``(1) In general.--If a State assumes responsibility under
subsection (a), the Secretary may also assign and the State may
assume all or part of the responsibilities of the Secretary for
environmental review, consultation, or other related actions
required under any Federal environmental law applicable to
activities that are classified by the Secretary as categorical
exclusions, with the exception of government-to-government
consultation with Indian tribes, subject to the same procedural
and substantive requirements as would be required if that
responsibility were carried out by the Secretary.
``(2) Sole responsibility.--A State that assumes
responsibility under paragraph (1) with respect to a Federal
law shall be solely responsible and solely liable for complying
with and carrying out that law, and the Secretary shall have no
such responsibility or liability.
``(c) Memoranda of Understanding.--
``(1) In general.--The Secretary and the State, after
providing public notice and opportunity for comment, shall
enter into a memorandum of understanding setting forth the
responsibilities to be assigned under this section and the
terms and conditions under which the assignments are made,
including establishment of the circumstances under which the
Secretary would reassume responsibility for categorical
exclusion determinations.
``(2) Term.--A memorandum of understanding--
``(A) shall have a term of not more than 3 years; and
``(B) shall be renewable.
``(3) Acceptance of jurisdiction.--In a memorandum of
understanding, the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.
``(4) Monitoring.--The Secretary shall--
``(A) monitor compliance by the State with the
memorandum of understanding and the provision by the
State of financial resources to carry out the
memorandum of understanding; and
``(B) take into account the performance by the State
when considering renewal of the memorandum of
understanding.
``(d) Termination.--The Secretary may terminate any assumption of
responsibility under a memorandum of understanding on a determination
that the State is not adequately carrying out the responsibilities
assigned to the State.
``(e) State Agency Deemed to Be Federal Agency.--A State agency that
is assigned a responsibility under a memorandum of understanding shall
be deemed to be a Federal agency for the purposes of the Federal law
under which the responsibility is exercised.
``Sec. 22910. Rail project delivery program
``(a) Establishment.--
``(1) In general.--The Secretary shall carry out a rail
project delivery program (referred to in this section as the
`program').
``(2) Assumption of responsibility.--
``(A) In general.--Subject to the other provisions of
this section, with the written agreement of the
Secretary and a State, which may be in the form of a
memorandum of understanding, the Secretary may assign,
and the State may assume, the responsibilities of the
Secretary with respect to one or more rail projects
within the State under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(B) Additional responsibility.--If a State assumes
responsibility under subparagraph (A)--
``(i) the Secretary may assign to the State,
and the State may assume, all or part of the
responsibilities of the Secretary for
environmental review, consultation, or other
action required under any Federal environmental
law pertaining to the review or approval of a
specific rail project; but
``(ii) the Secretary may not assign any
responsibility imposed on the Secretary by
chapter 227 of this title.
``(C) Procedural and substantive requirements.--A
State shall assume responsibility under this section
subject to the same procedural and substantive
requirements as would apply if that responsibility were
carried out by the Secretary.
``(D) Federal responsibility.--Any responsibility of
the Secretary not explicitly assumed by the State by
written agreement under this section shall remain the
responsibility of the Secretary.
``(E) No effect on authority.--Nothing in this
section preempts or interferes with any power,
jurisdiction, responsibility, or authority of an
agency, other than the Department of Transportation,
under applicable law (including regulations) with
respect to a rail project.
``(F) Preservation of flexibility.--The Secretary may
not require a State, as a condition of participation in
the program, to forego project delivery methods that
are otherwise permissible for rail projects.
``(b) State Participation.--
``(1) Participating states.--All States are eligible to
participate in the program.
``(2) Application.--Not later than 270 days after the date of
enactment of this section, the Secretary shall promulgate
regulations that establish requirements relating to information
required to be contained in any application of a State to
participate in the program, including, at a minimum--
``(A) the rail projects or classes of projects for
which the State anticipates exercising the authority
that may be granted under the program;
``(B) verification of the financial resources
necessary to carry out the authority that may be
granted under the program; and
``(C) evidence of the notice and solicitation of
public comment by the State relating to participation
of the State in the program, including copies of
comments received from that solicitation.
``(3) Public notice.--
``(A) In general.--Each State that submits an
application under this subsection shall give notice of
the intent of the State to participate in the program
not later than 30 days before the date of submission of
the application.
``(B) Method of notice and solicitation.--The State
shall provide notice and solicit public comment under
this paragraph by publishing the complete application
of the State in accordance with the appropriate public
notice law of the State.
``(4) Selection criteria.--The Secretary may approve the
application of a State under this section only if--
``(A) the regulatory requirements under paragraph (2)
have been met;
``(B) the Secretary determines that the State has the
capability, including financial and personnel, to
assume the responsibility; and
``(C) the head of the State agency having primary
jurisdiction over rail matters enters into a written
agreement with the Secretary described in subsection
(c).
``(5) Other federal agency views.--If a State applies to
assume a responsibility of the Secretary that would have
required the Secretary to consult with another Federal agency,
the Secretary shall solicit the views of the Federal agency
before approving the application.
``(c) Written Agreement.--A written agreement under this section
shall--
``(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for rail construction;
``(2) be in such form as the Secretary may prescribe;
``(3) provide that the State--
``(A) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
``(B) expressly consents, on behalf of the State, to
accept the jurisdiction of the Federal courts for the
compliance, discharge, and enforcement of any
responsibility of the Secretary assumed by the State;
``(C) certifies that State laws (including
regulations) are in effect that--
``(i) authorize the State to take the actions
necessary to carry out the responsibilities
being assumed; and
``(ii) are comparable to section 552 of title
5, including providing that any decision
regarding the public availability of a document
under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed;
``(4) shall have a term of not more than 5 years; and
``(5) shall be renewable.
``(d) Jurisdiction.--
``(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State for failure to carry out any responsibility of the State
under this section.
``(2) Legal standards and requirements.--A civil action under
paragraph (1) shall be governed by the legal standards and
requirements that would apply in such a civil action against
the Secretary had the Secretary taken the actions in question.
``(3) Intervention.--The Secretary shall have the right to
intervene in any action described in paragraph (1).
``(e) Effect of Assumption of Responsibility.--A State that assumes
responsibility under subsection (a)(2) shall be solely responsible and
solely liable for carrying out, in lieu of the Secretary, the
responsibilities assumed under subsection (a)(2), until the program is
terminated as provided in subsection (j).
``(f) Limitations on Agreements.--Nothing in this section permits a
State to assume any rulemaking authority of the Secretary under any
Federal law.
``(g) Audits.--
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)(2)), for each
State participating in the program under this section, the
Secretary shall conduct--
``(A) semiannual audits during each of the first 2
years of State participation; and
``(B) annual audits during each of the third and
fourth years of State participation.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under paragraph
(1) shall be provided to the public for comment.
``(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
Secretary shall respond to public comments received
under subparagraph (A).
``(h) Monitoring.--After the fourth year of participation of the
State in the program, the Secretary shall monitor compliance by the
State with the written agreement, including the provision by the State
of financial resources to carry out the written agreement.
``(i) Report to Congress.--The Secretary shall submit to Congress an
annual report that describes the administration of the program.
``(j) Termination.--The Secretary may terminate the participation of
any State in the program if--
``(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(2) the Secretary provides to the State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the Secretary determines
is necessary to comply with the applicable agreement;
and
``(3) the State, after the notification and period provided
under paragraph (2), fails to take satisfactory corrective
action, as determined by Secretary.
``Sec. 22911. Exemption in emergencies
``If any railroad, track, bridge, or other facility is in operation
or under construction when damaged by an emergency declared by the
Governor of the State and concurred in by the Secretary, or declared by
the President pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), is proposed to be
reconstructed with Federal funds, and is reconstructed in the same
location with the same capacity, dimensions, and design as before the
emergency, then that reconstruction project shall be exempt from any
further environmental reviews, approvals, licensing, and permit
requirements under--
``(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(2) sections 402 and 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1342, 1344);
``(3) the National Historic Preservation Act (16 U.S.C. 470
et seq.);
``(4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
``(5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
``(6) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.);
``(7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), except when the reconstruction occurs in designated
critical habitat for threatened and endangered species;
``(8) Executive Order 11990 (42 U.S.C. 4321 note; relating to
the protection of wetlands); and
``(9) any Federal law (including regulations) requiring no
net loss of wetlands.''.
(b) Conforming Amendment.--The chapter analysis for subtitle V of
title 49, United States Code, is amended by inserting after the item
relating to chapter 227 the following:
``229. Project development and review....................... 22901''.
Subtitle D--Railroad Rehabilitation and Improvement Financing
SEC. 8301. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) Purpose and Regulations.--
(1) Purpose.--The amendments made by this section are
intended to encourage a higher level of participation in the
railroad rehabilitation and improvement financing program under
section 502 of the Railroad Revitalization and Regulatory
Reform Act of 1976 and to make the loan process under that
program faster, more efficient, and more predictable.
(2) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue regulations
implementing the amendments made by this section in a manner
that achieves the purpose stated in paragraph (1).
(b) High-speed Rail.--Section 502(b)(1)(C) of such Act (45 U.S.C.
822(b)(1)(C)) is amended by inserting ``, including high-speed rail (as
defined in section 26105(2) of title 49, United States Code)
facilities'' after ``railroad facilities''.
(c) Private Insurance.--Section 502(f)(1) of such Act (45 U.S.C.
822(f)(1)) is amended--
(1) by striking ``under this section a commitment'' and
inserting ``under this section private insurance, including
bond insurance, or any other commitment''; and
(2) by inserting ``or private insurance, including bond
insurance,'' after ``authority and credit risk premiums''.
(d) Financing of Credit Risk Premium.--Section 502(f)(3) of such Act
(45 U.S.C. 822(f)(3)) is amended by inserting ``, or, at the discretion
of the Secretary, in a series of payments over the term of the loan. If
private insurance, including bond insurance, is used, the policy
premium shall be paid before the loan is disbursed'' after ``of loan
amounts''.
(e) Collateral.--
(1) Full value.--Section 502(h)(2) of such Act (45 U.S.C.
822(h)(2)) is amended by inserting ``Such collateral shall be
valued at 100 percent of the liquidated asset valuation, or
going concern valuation when applicable.'' after ``operation of
the project.''.
(2) Dedicated revenue and subordination.--Such section
502(h)(2) is further amended--
(A) by striking ``(2) The Secretary'' and inserting
``(2)(A) The Secretary'';
(B) by adding at the end of subparagraph (A) the
following: ``The Secretary may subordinate rights of
the Secretary under any provision of title 49 or title
23 of the United States Code, to the rights of the
Secretary under this section and section 503.''; and
(C) by adding at the end the following new
subparagraph:
``(B) In the case of an applicant that is a State, an Interstate
compact, a local government authority as defined in section 5302 of
title 49, United States Code, or a high-speed rail system as defined in
section 26105 of title 49, United States Code, the Secretary shall, for
purposes of making a finding under subsection (g)(4), accept the net
present value on a future stream of State or local subsidy income or
dedicated revenue as collateral offered to secure the loan.''.
(f) Office of Management and Budget.--Section 502(i) of such Act (45
U.S.C. 822(i)) is amended by inserting ``In order to enable compliance
with such time limit, the Office of Management and Budget shall take
any actions required with respect to the application within such 90-day
period.'' after ``disapprove the application.''.
(g) Completion of Application.--Section 502(i) of such Act (45 U.S.C.
822(i)) is further amended--
(1) by striking ``Disapproval.--Not later than 90 days after
receiving'' and inserting ``Disapproval.--
``(1) In general.--Not later than 90 days after an
application is determined pursuant to paragraph (2) to be'';
and
(2) by adding at the end the following new paragraph:
``(2) Completion of application.--The Secretary shall
establish procedures for making a determination not later than
45 days after submission of an application under this section
whether the application is complete. Such procedures shall--
``(A) provide for a checklist of the required
components of a complete application;
``(B) provide that an independent financial analyst
be assigned within 45 days of submittal to review the
application;
``(C) require the Secretary to provide to the
applicant a description of the specific components of
the application that remain incomplete or
unsatisfactory if an application is determined to be
incomplete; and
``(D) permit reapplication without prejudice for
applications determined to be incomplete or
unsatisfactory.''.
(h) Repayment Deferral.--Section 502(j) of such Act (45 U.S.C.
822(j)) is amended by adding at the end the following new paragraph:
``(3) Treatment of costs associated with deferral.--Any
additional costs associated with a deferred repayment schedule
under paragraph (1) may be financed over the remaining term of
the loan beginning at the time the payments begin, or may be
included in the credit risk premium determined under subsection
(f)(2).''.
(i) Positive Train Control.--
(1) Priority.--Section 502(c)(1) of such Act (45 U.S.C.
822(c)(1)) is amended by inserting ``, including projects for
the installation of positive train control systems as defined
in section 20157(i) of title 49, United States Code'' after
``public safety''.
(2) Collateral.--Section 502(h)(2) of such Act (45 U.S.C.
822(h)(2)), as amended by this section, is further amended by
adding at the end the following new subparagraph:
``(C) For purposes of making a finding under subsection (g)(4) with
respect to an application for a project for the installation of
positive train control systems, the collateral value of that asset
shall be deemed to be equal to the total cost of the labor and
materials associated with installing the positive train control
systems.''.
(j) Report to Congress.--Section 502 of such Act (45 U.S.C. 822) is
amended by adding at the end the following new subsection:
``(k) Report to Congress.--Not later than 1 year after the date of
enactment of the American Energy and Infrastructure Jobs Act of 2012,
and annually thereafter, the Secretary shall transmit to the Congress a
report on the program under this section that summarizes the number of
loans approved and disapproved by the Secretary during the previous
year. Such report shall not disclose the identity of loan or loan
guarantee recipients. The report shall describe--
``(1) the number of preapplication meetings with potential
applicants;
``(2) the number of applications received and determined
complete under subsection (i)(2), including the requested loan
amounts;
``(3) the dates of receipt of applications;
``(4) the dates applications were determined complete under
subsection (i)(2);
``(5) the number of applications determined incomplete under
subsection (i)(2);
``(6) the final decision dates for both approvals and denials
of applications;
``(7) the number of applications withdrawn from
consideration; and
``(8) the annual loan portfolio asset quality.''.
(k) Authorization of Appropriations.--Section 502 of such Act (45
U.S.C. 822) is amended by adding at the end the following new
subsection:
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for purposes of carrying out subsections
(f)(3) and (j)(3), $50,000,000 for fiscal year 2013.''.
Subtitle E--Positive Train Control
SEC. 8401. POSITIVE TRAIN CONTROL.
(a) Railroad Safety Risk Reduction Program.--Section 20156(e)(4) of
title 49, United States Code, is amended to read as follows:
``(4) Positive train control.--Except as required by section
20157 (relating to the requirements for implementation of
positive train control systems), the Secretary shall ensure
that each railroad carrier's technology implementation plan
required under paragraph (1) that includes a schedule for
implementation of a positive train control system complies with
that schedule. Nothing in this section shall be construed as
requiring the installation of positive train control on
railroad tracks if positive train control is not required on
those tracks by section 20157 and positive train control on
those tracks is not chosen by the railroad as a technology to
be implemented under this section.''.
(b) Implementation of Positive Train Control Systems.--Section 20157
of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``December 31, 2015'' and inserting
``December 31, 2020'';
(B) by inserting ``and'' after the semicolon at the
end of subparagraph (A);
(C) by striking ``; and'' at the end of subparagraph
(B) and inserting ``on or after December 31, 2020.'';
and
(D) by striking subparagraph (C);
(2) by adding at the end of subsection (a) the following new
paragraph:
``(3) Alternative strategy.--A plan submitted under this
subsection may provide that, in lieu of installing positive
train control on all or some of the tracks on which positive
train control is otherwise required to be installed pursuant to
paragraph (1)(B), the railroad carrier will utilize an
alternative risk reduction strategy that would reduce the risk
of release of poison- or toxic-by-inhalation hazardous
materials to the same extent the risk of a release of poison-
or toxic-by-inhalation hazardous materials would be reduced if
positive train control were installed on those tracks. An
alternative risk reduction strategy may only be used pursuant
to this paragraph on tracks for which positive train control is
not required pursuant to paragraph (1)(A).'';
(3) in subsection (c)--
(A) by striking ``Approval.--Not later than 90 days
after the Secretary receives a plan'' and inserting
``Approval.--
``(1) In general.--Not later than 90 days after the Secretary
receives a plan or revision of a plan under this section''; and
(B) by adding at the end the following new paragraph:
``(2) Revision of plan.--A railroad carrier may revise a plan
under this section as necessary to reflect rail lines that are
added or removed, or to reflect alternative risk reduction
strategies proposed pursuant to subsection (a)(3).'';
(4) in subsection (d)--
(A) by striking ``December 31, 2012'' and inserting
``December 31, 2015''; and
(B) by inserting ``and alternative risk reduction
strategies. Such report shall include any
recommendations for improving the ability of rail
carriers to implement positive train control systems or
alternative risk reduction strategies in accordance
with this section'' after ``positive train control
systems'';
(5) in subsection (e), by inserting ``and alternative risk
reduction strategies'' after ``positive train control''; and
(6) in subsection (f), by striking ``or section 20156'' the
first place it appears.
Subtitle F--Regulatory Reform
SEC. 8501. FEDERAL RAILROAD ADMINISTRATION REGULATIONS.
(a) Amendment.--Section 103 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(l) Improving Regulation and Regulatory Review.--
``(1) In general.--Before any final regulation within the
jurisdiction of the Administration is issued, the Administrator
shall make all preliminary and final determinations based on
evidence and consider, in addition to other applicable
considerations, the following:
``(A) The legal authority under which a rule may be
proposed, including whether a rulemaking is required by
statute, and if so, whether by a specific date, or
whether the agency has discretion to commence a
rulemaking.
``(B) Other statutory considerations applicable to
whether the agency can or should propose a rule or
undertake other agency action.
``(C) The specific nature and significance of the
problem the agency may address with a rule (including
the degree and nature of risks the problem poses and
the priority of addressing those risks compared to
other matters or activities within the agency's
jurisdiction), whether the problem warrants new agency
action, and the countervailing risks that may be posed
by alternatives for new agency action.
``(D) Whether existing rules have created or
contributed to the problem the agency may address with
a rule and whether those rules could be amended or
rescinded to address the problem in whole or part.
``(E) The best reasonably obtainable scientific,
technical, and other information related to the need
for, and consequences of, the rule.
``(F) The potential costs and benefits, including
direct, indirect, and cumulative costs and benefits and
estimated impacts on jobs, economic growth, innovation,
and economic competitiveness.
``(G) Means to increase the cost-effectiveness of any
Federal response.
``(H) Incentives for innovation, consistency,
predictability, lower costs of enforcement and
compliance (to government entities, regulated entities,
and the public), and flexibility.
``(I) Any reasonable alternatives for a new rule or
other response identified by the agency or interested
persons, including not only responses that mandate
particular conduct or manners of compliance, but also--
``(i) the alternative of no Federal response;
``(ii) amending or rescinding existing rules;
``(iii) potential regional, State, local, or
tribal regulatory action or other responses
that could be taken in lieu of agency action;
and
``(iv) potential responses that--
``(I) specify performance objectives
rather than conduct or manners of
compliance;
``(II) establish economic incentives
to encourage desired behavior;
``(III) provide information upon
which choices can be made by the
public; or
``(IV) incorporate other innovative
alternatives rather than agency actions
that specify conduct or manners of
compliance.
``(2) Public comment.--The Administrator shall solicit and
take into consideration public comment on the subjects
described in subparagraphs (A) through (I) of paragraph (1)
before issuance of a final regulation described in paragraph
(1).
``(3) Agency statements.--
``(A) In general.--The Administrator shall follow
applicable rulemaking procedures under section 553 of
title 5 before issuing a binding obligation applicable
to recipients of Federal assistance.
``(B) Binding obligation defined.--In this paragraph,
the term `binding obligation' means a substantive
policy statement, rule, or guidance document issued by
the Administration that grants rights, imposes
obligations, produces significant effects on private
interests, or effects a significant change in existing
policy.''.
(b) Effective Date.--Paragraphs (1) and (2) of the subsection (l)
added by the amendment made by subsection (a) of this section shall be
effective only with respect to regulations with respect to which no
notice of proposed rulemaking has been issued before the date of
enactment of this Act.
Subtitle G--Technical Corrections
SEC. 8601. MISCELLANEOUS CORRECTIONS, REVISIONS, AND REPEALS.
(a) Technical Corrections to Provisions of the United States Code
Enacted in, or Amended by, the Rail Safety Improvement Act of 2008.--
(1) Section 1139 of title 49, United States Code, is amended--
(A) in subsection (a)(1) by striking ``phone number'' and
inserting ``telephone number'';
(B) in subsection (a)(2) by striking ``post trauma
communication with families'' and inserting ``post-trauma
communication with families''; and
(C) in subsection (j)(2) by striking ``railroad passenger
accident'' and inserting ``rail passenger accident''.
(2) Section 10909 of title 49, United States Code, is amended--
(A) in subsection (b), by striking ``Clean Railroad Act of
2008,'' and inserting ``Clean Railroads Act of 2008,''; and
(B) in subsection (e), by striking ``Upon the granting of
petition from the State'' and inserting ``Upon the granting of
a petition from the State''.
(3) Section 20116 of title 49, United States Code, is amended--
(A) by inserting ``(1)'' after ``unless''; and
(B) by inserting ``(2)'' before ``the code, rule, standard,
requirement, or practice has been subject to notice and comment
under a rule or order issued under this part.''.
(4) Section 20120(a) of title 49, United States Code, is amended--
(A) by striking ``website'' and inserting ``Web site'';
(B) in paragraph (1), by striking ``accident and incidence
reporting'' and inserting ``accident and incident reporting'';
(C) in paragraph (2)(G), by inserting ``and'' at the end; and
(D) in paragraph (5)(B), by striking ``Administrative Hearing
Officer or Administrative Law Judge'' and inserting
``administrative hearing officer or administrative law judge''.
(5) Section 20156 of title 49, United States Code, is amended--
(A) in subsection (c), by inserting a comma after ``In
developing its railroad safety risk reduction program''; and
(B) in subsection (g)(1), by inserting a comma after ``good
faith'' and by striking ``non-profit'' and inserting
``nonprofit''.
(6) Section 20157(a)(1)(B) of title 49, United States Code, is
amended by striking ``parts 171.8, 173.115, and 173.132'' and inserting
``sections 171.8, 173.115, and 173.132''.
(7) Section 20159 of title 49, United States Code, is amended by
striking ``the Secretary'' and inserting ``the Secretary of
Transportation''.
(8) Section 20160 of title 49, United States Code, is amended--
(A) in subsection (a)(1), by striking ``or with'' and
inserting ``with''; and
(B) in subsection (b)(1)(A), by striking ``or with'' and
inserting ``with''.
(9) Section 20162(a)(3) of title 49, United States Code, is amended
by striking ``railroad compliance with Federal standards'' and
inserting ``railroad carrier compliance with Federal standards''.
(10) Section 20164(a) of title 49, United States Code, is amended by
striking ``after enactment of the Railroad Safety Enhancement Act of
2008'' and inserting ``after the enactment of the Rail Safety
Improvement Act of 2008''.
(11) Section 22106(b) of title 49, United States Code, is amended by
striking ``interest thereof'' and inserting ``interest thereon''.
(12) The item relating to section 24316 in the chapter analysis for
chapter 243 of title 49, United States Code, is amended by striking
``to assist families of passengers'' and inserting ``to address needs
of families of passengers''.
(b) Technical Corrections to Rail Safety Improvement Act of 2008.--
(1) The table of contents in section 1(b) of the Rail Safety
Improvement Act of 2008 is amended--
(A) in the item relating to section 307, by striking
``website'' and inserting ``Web site'';
(B) in the item relating to section 403, by striking ``Track
inspection time study'' and inserting ``Study and rulemaking on
track inspection time; rulemaking on concrete cross ties'';
(C) in the item relating to section 408, by striking
``Conrail'' and inserting ``Consolidated Rail Corporation'';
(D) in the item relating to title VI, by striking ``solid
waste facilities'' and inserting ``solid waste rail transfer
facilities''; and
(E) in the item relating to section 602 by striking ``solid
waste transfer facilities'' and inserting ``solid waste rail
transfer facilities''.
(2) Section 2(a)(1) of the Rail Safety Improvement Act of 2008 is
amended by inserting a comma after ``tracks at grade''.
(3) Section 102(a)(6) of the Rail Safety Improvement Act of 2008 is
amended to read as follows:
``(6) Improving the safety of railroad bridges, tunnels, and
related infrastructure to prevent accidents, incidents,
injuries, and fatalities caused by catastrophic and other
failures of such infrastructure.''.
(4) Section 206(a) of the Rail Safety Improvement Act of 2008 is
amended by striking ``Public Service Announcements'' and inserting
``public service announcements''.
(5) Section 307 of the Rail Safety Improvement Act of 2008 is
amended--
(A) in the section heading, by striking ``website'' and
inserting ``web site'';
(B) in subsection (a), by striking ``website'' each place it
appears and inserting ``Web site''; and
(C) in subsection (b), by striking ``website's'' and
inserting ``Web site's''.
(6) Section 403 of the Rail Safety Improvement Act of 2008 is amended
in the section heading by striking ``track inspection time study'' and
inserting ``study and rulemaking on track inspection time; rulemaking
on concrete cross ties''.
(7) Section 405 of the Rail Safety Improvement Act of 2008 is
amended--
(A) in subsection (a), by striking ``cell phones'' and
inserting ``cellular telephones''; and
(B) in subsection (d), by striking ``Secretary of
Transportation'' and inserting ``Secretary''.
(8) Section 408 of the Rail Safety Improvement Act of 2008 is amended
in the section heading by striking ``conrail'' and inserting
``consolidated rail corporation''.
(9) Section 412 of the Rail Safety Improvement Act of 2008 is amended
by striking ``Secretary of Transportation'' and inserting
``Secretary''.
(10) Section 414 of the Rail Safety Improvement Act of 2008 is
amended--
(A) by striking ``parts 171.8, 173.115,'' and inserting
``sections 171.8, 173.115,''; and
(B) by striking ``part 1520.5'' and inserting ``section
1520.5''.
(11) Section 416 of the Rail Safety Improvement Act of 2008 is
amended--
(A) by striking ``Secretary of Transportation'' and inserting
``Secretary''; and
(B) in paragraph (4), by striking ``subsection'' and
inserting ``section''.
(12) Section 417(c) of the Rail Safety Improvement Act of 2008 is
amended by striking ``each railroad'' and inserting ``each railroad
carrier''.
(13) Section 503 of the Rail Safety Improvement Act of 2008 is
amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``passenger rail
accidents'' and inserting ``rail passenger accidents'';
(ii) by striking ``passenger rail accident'' each
place it appears and inserting ``rail passenger
accident''; and
(iii) in paragraph (4), by striking ``a count of the
number of passengers onboard the train'' and inserting
``a count of the number of passengers aboard the
train''; and
(B) by adding at the end a new subsection (d) to read as
follows:
``(d) Definitions.--In this section, the terms `passenger' and `rail
passenger accident' have the meaning given those terms by section 1139
of this title.''.
(14) The heading title VI of the Rail Safety Improvement Act of 2008
is amended by striking ``SOLID WASTE FACILITIES'' and inserting ``SOLID
WASTE RAIL TRANSFER FACILITIES''.
(15) The heading of section 602 of the Rail Safety Improvement Act of
2008 is amended by striking ``solid waste transfer facilities'' and
inserting ``solid waste rail transfer facilities''.
(c) Technical Corrections to Provisions of the United States Code
Enacted in, or Amended by, the Passenger Rail Investment and
Improvement Act of 2008.--
(1) Alternate passenger rail service pilot.--Section 24711 of
title 49, United States Code, is amended--
(A) in subsection (a)(1) by striking ``a period not
to exceed 5 years after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008''
and inserting ``an operations period of 5 years,
renewable for a second 5-year operations period at the
discretion of the Administrator''; and
(B) by inserting after subsection (e) the following
new subsection:
``(f) Transfer Authority.--The Secretary of Transportation may
provide directly to a winning bidder selected under this section any
portion of appropriations for Amtrak operations necessary to cover the
operating subsidy described in subsection (a)(5)(B).''.
(2) Competitive grant selection and criteria for grants.--
Section 26106(e)(2) of title 49, United States Code, is
amended--
(A) in subparagraph (A)(v), by striking ``that if an
applicant has selected the proposed operator of its
service, that the applicant provide'', and inserting
``that the applicant shall select the proposed operator
of its service competitively, and that the applicant
shall provide''; and
(B) in subparagraph (B)(ii)--
(i) by inserting ``and'' at the end of
subclause (I);
(ii) by inserting ``and'' at the end of
subclause (II); and
(iii) by striking subclauses (III) and (IV).
(d) State-supported Routes.--Section 209(c) of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432, 122 Stat.
4918) is amended by striking ``within 1 year after the Board's
determination'' and inserting ``by the first day of the first fiscal
year beginning at least 1 year after the Board's determination''.
Subtitle H--Miscellaneous
SEC. 8701. APPLICATION OF BUY AMERICA TO INTERCITY PASSENGER RAIL
SERVICE CORRIDORS.
Section 24405(a) of title 49, United States Code, is amended--
(1) by striking paragraph (4) and redesignating paragraphs
(5) through (11) as paragraphs (4) through (10), respectively;
and
(2) by adding at the end the following new paragraphs:
``(11) The requirements of this subsection apply to all contracts for
a project carried out within the scope of the applicable finding,
determination, or decision under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of
such contracts, if at least one contract for the project is funded with
amounts made available to carry out this title.
``(12) If the Secretary receives a request for a waiver under this
subsection, the Secretary shall provide notice of and an opportunity
for public comment on the request at least 30 days before making a
finding based on the request. Such a notice shall include the
information available to the Secretary concerning the request and shall
be provided by electronic means, including on the official public
Internet Web site of the Department of Transportation. If the Secretary
issues a waiver under this subsection, the Secretary shall publish in
the Federal Register a detailed justification for the waiver that
addresses the public comments received under this paragraph and shall
ensure that such justification is published before the waiver takes
effect.''.
SEC. 8702. PROHIBITION ON USE OF FUNDS FOR CALIFORNIA HIGH-SPEED RAIL.
No funds made available to carry out this Act or any amendment made
by this Act may be used for high-speed rail in the State of California,
for the California High-Speed Rail Authority, or for projects designed
to further high-speed rail in the State of California.
SEC. 8703. DISADVANTAGED BUSINESS ENTERPRISES.
(a) Availability of Funds.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts made
available for any capital grant program under the jurisdiction of the
Federal Railroad Administration shall be expended through small
business concerns owned and controlled by socially and economically
disadvantaged individuals.
(b) Definitions.--In this section, the following definitions apply:
(1) Small business concern.--The term ``small business
concern'' has the meaning that term has under section 3 of the
Small Business Act (15 U.S.C. 632), except that the term shall
not include any concern or group of concerns controlled by the
same socially and economically disadvantaged individual or
individuals which has average annual gross receipts over the
preceding 3 fiscal years in excess of $22,410,000, as adjusted
annually by the Secretary of Transportation for inflation.
(2) Socially and economically disadvantaged individuals.--The
term ``socially and economically disadvantaged individuals''
has the meaning that term has under section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations issued pursuant to that Act, except that women
shall be presumed to be socially and economically disadvantaged
individuals for purposes of this section.
(c) Compliance With Court Orders.--Nothing in this subsection limits
the eligibility of an entity or person to receive funds made available
for any capital grant program under the jurisdiction of the Federal
Railroad Administration, if the entity or person is prevented, in whole
or in part, from complying with subsection (a) because a Federal court
issues a final order in which the court finds that the requirement of
subsection (a), or the program established under subsection (a), is
unconstitutional.
(d) Program Implementation.--This section shall be carried out by the
Secretary and by States in a manner consistent with that by which the
disadvantaged business enterprises program authorized by section
1101(c) of this Act is carried out.
TITLE IX--HAZARDOUS MATERIAL TRANSPORTATION
SEC. 9001. SHORT TITLE.
This title may be cited as the ``Hazardous Material Transportation
Safety, Efficiency, and Accountability Act of 2012''.
SEC. 9002. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 49, United States Code.
SEC. 9003. FINDINGS.
Congress finds the following:
(1) There are annually 2.2 billion tons of hazardous material
shipments by all modes across the United States totaling more
than $1.4 trillion.
(2) The number of fatalities and serious injuries caused by
the transportation of hazardous material has been historically
low, averaging 4.2 fatalities per 100 million shipments -
meaning an American is about 4 times more likely to be killed
by lightning than a hazardous material in transportation. In
fiscal year 2010, there was the lowest number of hazardous
material incidents on record.
(3) It is critical to the economic health of the Nation that
the laws and regulations governing the transportation of
hazardous material maintain a high level of safety, while
balancing the need for economic growth, innovation,
competitiveness, and job creation.
(4) The individuals involved in the transportation stream and
the public benefit from a regulatory regime that is certain,
uniform, cost-efficient, and science-based.
(5) Because of the potential risks to life, property, and the
environment posed by an unintentional release of hazardous
material, consistency and uniformity in laws and regulation
regarding the transportation of hazardous material is necessary
and desirable.
SEC. 9004. PURPOSES.
Section 5101 is amended by striking ``that are inherent''.
SEC. 9005. DEFINITIONS.
(a) Hazmat Employer.--Section 5102(4)(A)(i)(I) is amended by striking
``or uses''.
(b) Transports.--Section 5102(13) is amended to read as follows:
``(13) `transports' or `transportation'--
``(A) means the movement of property and loading,
unloading, handling, or storage incidental to the
movement;
``(B) includes all activities related to--
``(i) loading or unloading packaged or
containerized hazardous material, such as
portable tanks, cylinders, and intermediate
bulk containers, onto a transport vehicle, rail
car, aircraft, or vessel at its origin, during
en route movement, or at its destination; or
``(ii) loading or unloading a hazardous
material into or from a bulk packaging with a
capacity greater than 3,000 liters, such as a
portable tank, cargo tank, or rail tank car, at
its origin, during en route movement, or at its
destination; and
``(C) includes storage of a hazardous material from
the time the hazardous material is loaded for purposes
of movement until the hazardous material is unloaded at
its destination, including during en route movement.''.
SEC. 9006. GENERAL REGULATORY AUTHORITY.
(a) Regulations for Safe Transportation.-- Section 5103(b)(1)(A) is
amended--
(1) in clause (vi) by striking ``or'' at the end;
(2) by redesignating clause (vii) as clause (viii);
(3) by inserting after clause (vi) the following:
``(vii) provides hazardous material
transportation emergency response information
services required or governed by regulations
prescribed under this chapter; or''; and
(4) in clause (viii) (as redesignated by paragraph (2) of
this section) by striking ``(vi); and'' and inserting
``(vii);''.
(b) Fitness Determinations.--
(1) In general.--Section 5103(b)(1) is amended--
(A) in subparagraph (B) by striking the period at the
end and inserting ``; and''; and
(B) by adding at the end the following:
``(C) shall govern the procedures and criteria used by the
Secretary for determining the fitness of a person applying for
an approval or a special permit under the regulations.''.
(2) Regulation required.--In accordance with section
5103(b)(2) of title 49, United States Code, not later than 1
year after the date of enactment of this Act, the Secretary of
Transportation shall take all actions necessary to finalize a
regulation pursuant to section 5103(b)(1)(C) of such title.
(c) Improving Regulations and Regulatory Review.--
(1) In general.--Section 5103(b) is amended by adding at the
end the following:
``(3) Before any final regulation within the jurisdiction of the
Secretary is issued, the Secretary shall make all preliminary and final
determinations based on evidence and consider, in addition to other
applicable considerations, the following:
``(A) The legal authority under which a rule may be proposed,
including whether a rulemaking is required by statute, and if
so, whether by a specific date, or whether the agency has
discretion to commence a rulemaking.
``(B) Other statutory considerations applicable to whether
the agency can or should propose a rule or undertake other
agency action.
``(C) The specific nature and significance of the problem the
agency may address with a rule (including the degree and nature
of risks the problem poses and the priority of addressing those
risks compared to other matters or activities within the
agency's jurisdiction), whether the problem warrants new agency
action, and the countervailing risks that may be posed by
alternatives for new agency action.
``(D) Whether existing rules have created or contributed to
the problem the agency may address with a rule and whether
those rules could be amended or rescinded to address the
problem in whole or part.
``(E) The best reasonably obtainable scientific, technical,
and other information related to the need for, and consequences
of, the rule.
``(F) The potential costs and benefits, including direct,
indirect, and cumulative costs and benefits and estimated
impacts on jobs, economic growth, innovation, and economic
competitiveness.
``(G) Means to increase the cost-effectiveness of any Federal
response.
``(H) Incentives for innovation, consistency, predictability,
lower costs of enforcement and compliance (to government
entities, regulated entities, and the public), and flexibility.
``(I) Any reasonable alternatives for a new rule or other
response identified by the agency or interested persons,
including not only responses that mandate particular conduct or
manners of compliance, but also--
``(i) the alternative of no Federal response;
``(ii) amending or rescinding existing rules;
``(iii) potential regional, State, local, or tribal
regulatory action or other responses that could be
taken in lieu of agency action; and
``(iv) potential responses that--
``(I) specify performance objectives rather
than conduct or manners of compliance;
``(II) establish economic incentives to
encourage desired behavior;
``(III) provide information upon which
choices can be made by the public; or
``(IV) incorporate other innovative
alternatives rather than agency actions that
specify conduct or manners of compliance.
``(4) The Secretary shall solicit and take into consideration public
comment on the subjects described in subparagraphs (A) through (I) of
paragraph (3) before issuance of a final regulation described in
paragraph (3).
``(5) The Secretary shall follow applicable rulemaking procedures
under section 553 of title 5 before issuing a binding obligation
applicable to recipients of Federal assistance. In this paragraph, the
term `binding obligation' means a substantive policy statement, rule,
or guidance document issued by the Secretary that grants rights,
imposes obligations, produces significant effects on private interests,
or effects a significant change in existing policy.''.
(2) Effective date.--The amendment made by paragraph (1) of
this subsection shall apply to regulations for which the notice
of proposed rulemaking is published after the date of enactment
of this Act.
(d) Incorporation by Reference.--Section 5103(b) is further amended
by adding after paragraph (5) (as added by subsection (c)(1) of this
section) the following:
``(6) In considering whether to incorporate by reference any
publication in prescribing regulations, the Secretary shall--
``(A) consider--
``(i) the cost of such publication;
``(ii) the broadness of its applicability;
``(iii) the cost imposed on the public in acquiring
such publication; and
``(iv) other alternatives to incorporation by
reference; and
``(B) either incorporate by reference the publication or use
the alternative that meets the Department of Transportation's
safety objectives in the most cost-effective manner.''.
SEC. 9007. INSPECTIONS OF MOTOR VEHICLES TRANSPORTING RADIOACTIVE
MATERIAL.
Section 5105(d) is amended to read as follows:
``(d) Inspections of Motor Vehicles Transporting Certain Material.--
``(1) Requirement.--The Secretary shall require by regulation
that before each use of a motor vehicle to transport a highway-
route-controlled quantity of radioactive material in commerce,
the vehicle shall be inspected and certified as complying with
this chapter and applicable United States motor carrier safety
laws and regulations.
``(2) Type of inspector.--In carrying out paragraph (1), the
Secretary may--
``(A) require that the inspection be carried out by
an authorized United States Government inspector or
according to appropriate State procedures; or
``(B) allow a person, transporting or causing to be
transported a highway-route-controlled quantity of
radioactive material, to inspect the motor vehicle used
to transport the material and to certify that the
vehicle complies with this chapter.
``(3) Qualification requirements.--An individual conducting
an inspection under paragraph (2)(B) shall be in compliance
with the inspector qualification requirements the Secretary
prescribes for an individual inspecting a motor vehicle.
``(4) Preemption.--Each State that a motor vehicle
transporting a highway-route-controlled quantity of radioactive
material in commerce enters shall recognize the inspection and
certification required by paragraph (1) and may not require a
new inspection at an equivalent level and certification except
as provided in paragraph (5).
``(5) Changed condition.--If an en route change to the
condition of the cargo, the driver, the motor vehicle, or the
operation of the motor vehicle invalidates the certification
under paragraph (1), the State where such change is discovered
may require a new inspection and certification under such
paragraph.''.
SEC. 9008. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND GRANTS.
(a) Training Grants.--Section 5107 is amended--
(1) by striking subsections (e) and (h); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(b) Safe Loading, Unloading, and Handling.--Section 5107(f)(2), as
redesignated by subsection (a)(2) of this section, is amended by
striking ``and section 5106''.
SEC. 9009. FEES.
Section 5108(g)(2) is amended--
(1) in subparagraph (A)--
(A) in the matter before clause (i) by striking ``be
at least $250 but not more than'' and inserting ``not
exceed''; and
(B) in clause (viii) by striking ``sections
5108(g)(2), 5115,'' and inserting ``this paragraph and
sections 5115''; and
(2) by adding at the end the following:
``(D) In establishing and collecting a fee under subparagraph (A),
the Secretary may not consider whether a person has or is likely to
apply for a special permit or approval, nor is the Secretary authorized
to establish a separate fee in order to apply for or receive a special
permit or approval.''.
SEC. 9010. MOTOR CARRIER SAFETY PERMITS.
(a) Applicable Transportation.--Section 5109(b)(1) is amended by
striking ``class A or B'' and inserting ``division 1.1, 1.2, or 1.3''.
(b) Offeror Responsibility.--The heading for subsection (f) of
section 5109 is amended by striking ``Shipper'' and inserting
``Offeror''.
(c) Technical Amendment.--Section 5109 is amended by striking
subsection (h).
(d) Program Review and Report.--
(1) Program review.--
(A) In general.--Not later than 9 months after the
date of enactment of this Act, the Secretary of
Transportation shall conduct a proceeding, using notice
and comment procedures in accordance with section 553
of title 5, United States Code, to examine the
implementation of the hazardous material safety permit
program established by section 5109 of title 49 of such
Code, including--
(i) safety concerns related to former permit
holders that have re-applied for a permit after
being out of the program for a year or longer;
and
(ii) fairness of the program for carriers
whose total number of inspections over the
course of the fiscal year cycle may create a
disadvantage.
(B) Consultation.--In carrying out subparagraph (A),
the Secretary shall consult with motor carriers,
persons offering hazardous material for transportation
in commerce, the Commercial Vehicle Safety Alliance,
and others that have direct experience with the
implementation of the program.
(2) Report.--
(A) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary of
Transportation shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the
implementation of the hazardous material safety permit
program established by section 5109 of title 49, United
States Code.
(B) Contents.--The report shall include--
(i) an identification of the number of
permits that have been issued, denied, revoked,
or suspended for each registration cycle since
the inception of the program by the type of
covered hazardous material transported;
(ii) an explanation of the reason for each
denial, revocation, and suspension, including
administrative denials, revocations, and
suspensions;
(iii) a record and analysis of the types of
implementation issues identified in the
proceeding under paragraph (1)(A); and
(iv) a description of the Secretary's
actions--
(I) to simplify the permit
application process;
(II) to minimize the number of
administrative denials, revocations,
and suspensions;
(III) to address the issues
identified under clause (iii); and
(IV) to ensure a consistent standard
of safety fitness that does not
fluctuate over time.
(e) Regulation.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation shall take such actions as
are necessary to ensure that regulations prescribed to carry out the
program under section 5109 of title 49, United States Code, ensure a
consistent standard of safety fitness that does not fluctuate over time
and address issues identified in the proceeding in subsection
(d)(1)(A).
SEC. 9011. PLANNING AND TRAINING GRANTS, MONITORING, AND REVIEW.
(a) Training Grants.--Section 5116(b)(4) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``and subsection (a)'' after ``this
subsection''; and
(B) by inserting ``planning and'' after ``emergency
response''; and
(2) in subparagraph (E) by inserting ``and subsection (a)''
before the period at the end.
(b) Compliance With Certain Laws.--Section 5116(c) is amended to read
as follows:
``(c) Compliance With Certain Law.--The Secretary may make a grant to
a State or Indian tribe under this section in a fiscal year only if--
``(1) the State certifies that the State complies with
sections 301 and 303 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003); and
``(2) the State or Indian tribe certifies to the Secretary
that such State or Indian tribe is in compliance with section
5125(f).''.
(c) Supplemental Training Grants.--Section 5116(j) is amended--
(1) in paragraph (1) by striking ``funds,'' and all that
follows through ``fighting fires for'' and inserting ``funds
and through a competitive process, make grants to national
nonprofit fire service organizations for'';
(2) in paragraph (3)(A) by striking ``train'' and inserting
``provide portable training for''; and
(3) in paragraph (4)--
(A) by striking ``train'' and inserting ``provide
portable training for''; and
(B) by inserting after ``training courses shall'' the
following: ``comply with national consensus standards
for hazardous material response and''.
(d) Reports.--Section 5116(k) is amended--
(1) in the first sentence by striking ``planning grants'' and
all that follows through ``and under section 5107'' and
inserting ``grants allocated under subsections (a), (b), and
(j)'';
(2) in the second sentence--
(A) by inserting ``planning and'' before ``training
grants''; and
(B) by inserting ``planning and'' before ``training
programs''.''.
SEC. 9012. SPECIAL PERMITS AND EXCLUSIONS.
Section 5117 is amended--
(1) in subsection (a)--
(A) by striking ``(a) Authority To Issue Special
Permits.--(1) As provided under procedures prescribed
by regulation,'' and inserting the following:
``(a) Authority To Issue Special Permits.--
``(1) In general.--As provided under procedures and criteria
prescribed by regulation in accordance with section 553 of
title 5,'';
(B) by inserting after paragraph (1) the following:
``(2) Requirements.--The Secretary shall ensure that the
procedures and criteria prescribed under paragraph (1) provide
adequate consistency, predictability, and transparency in
making the determinations to issue, modify, or terminate a
special permit.''; and
(C) by striking ``(2) A special permit'' and
inserting the following:
``(3) Effective period.--A special permit''; and
(2) by adding at the end the following:
``(f) Limitation on Denial.--The Secretary may not deny an
application for a modification or renewal of a special permit or an
application for party status to an existing special permit for the sole
reason that the applicant has a hazardous material out-of-service
percentage of greater than the national average, according to the
safety and fitness records maintained by the Federal Motor Carrier
Safety Administration.
``(g) Incorporation Into Regulation.--
``(1) In general.--Not later than 1 year after the date on
which a special permit has been in continuous effect for a 6-
year period, the Secretary shall develop and implement a
rulemaking pursuant to section 5103 to incorporate the special
permit into regulation if the special permit--
``(A) concerns a matter of general applicability;
``(B) has future effect; and
``(C) is consistent with hazardous material safety.
``(2) Intent.--Nothing in paragraph (1) limits the Secretary
from incorporating a special permit into regulation at any time
before the deadline set by paragraph (1).
``(3) Older special permits.--Not later than 3 years after
the date of enactment of this subsection, the Secretary shall
finalize a rulemaking pursuant to section 5103 to incorporate
into regulation any special permit that concerns a matter of
general applicability, has future effect, is consistent with
hazardous material safety, and has been in continuous effect
for more than a 6-year period as of the date of enactment of
this subsection.''.
SEC. 9013. HAZARDOUS MATERIAL UNIFORM MOTOR CARRIER PERMIT PROGRAM.
Section 5119 is amended by striking subsection (a) and all that
follows through the end of the section and inserting the following:
``(a) Uniform Motor Carrier Permit Program Defined.--In this section,
the term `Uniform Motor Carrier Permit Program' means the State-based,
reciprocal program of uniform forms and procedures for registering and
permitting persons who transport hazardous material by motor vehicle
developed and recommended by the Alliance for Uniform Hazmat
Transportation Procedures, including any superseding amendments or
revisions adopted by the Secretary pursuant to subsection (b).
``(b) Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Hazardous Material Transportation Safety,
Efficiency, and Accountability Act of 2012, the Secretary shall
issue regulations to implement the Uniform Motor Carrier Permit
Program.
``(2) Revisions.--The Secretary may modify the regulations
issued under paragraph (1) only as necessary to promote safety,
efficiency, and uniformity.
``(c) Financial and Technical Assistance and Support.--
``(1) In general.--The Secretary may provide planning and
transition assistance to States to facilitate the adoption of
the Uniform Motor Carrier Permit Program.
``(2) Use of funds.--A State shall use assistance awarded
under this subsection only to transition existing State
registration and permitting programs to the Uniform Motor
Carrier Permit Program.
``(3) Termination of authority.--The authority to provide
assistance to States under this subsection shall terminate 6
years after the date of enactment of the Hazardous Material
Transportation Safety, Efficiency, and Accountability Act of
2012.
``(d) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement for outreach, data management, and other
centralized functions supporting implementation of the Uniform Motor
Carrier Permit Program.
``(e) Related Expenses.--For purposes of section 5125(f)(1), a fee
used for a purpose related to transporting hazardous material may
include the costs incurred in implementing and administering the
Uniform Motor Carrier Permit Program, including the costs of
establishing or modifying forms, procedures, and systems.
``(f) Transition of State Programs.--Not later than 6 years after the
date of enactment of the Hazardous Material Transportation Safety,
Efficiency, and Accountability Act of 2012, a State may enforce
registration and permitting requirements for motor carriers that
transport hazardous material in commerce only in accordance with the
Uniform Motor Carrier Permit Program.
``(g) Limitation.--Nothing in this section shall define or limit the
amount of a fee a State may impose or collect for registration and
permitting.''.
SEC. 9014. INTERNATIONAL UNIFORMITY OF STANDARDS AND REQUIREMENTS.
Section 5120 is amended--
(1) in subsection (a) by striking ``State, the Secretary of
Transportation shall participate'' and inserting ``State and
the Secretary of Transportation, the Administrator of the
Pipelines and Hazardous Materials Safety Administration, or the
Administrator's designee, shall represent the United States and
serve as the United States competent authority''; and
(2) in subsection (b)--
(A) by striking ``The Secretary'' and inserting ``The
Administrator''; and
(B) by striking ``sections 5103(b), 5104, 5110, and
5112 of this title'' and inserting ``this chapter''.
SEC. 9015. INVESTIGATIONS.
(a) Inspections and Investigations.--Section 5121(c)(1) is amended--
(1) in subparagraph (B) by striking ``may contain a hazardous
material;'' and inserting ``may contain an undeclared hazardous
material and such activity takes place at a properly equipped
facility designated by the Secretary for this purpose;'';
(2) in subparagraph (C), in the matter preceding clause (i),
by striking ``or related packages'' and inserting ``suspected
of containing undeclared hazardous material'';
(3) in subparagraph (E) by striking ``may order'' and all
that follows through ``; and'' and inserting ``may order the
offeror, after giving notice to the carrier, to have the
package transported to, opened, and the contents examined and
analyzed at a properly equipped facility designated by the
Secretary for this purpose;'';
(4) in subparagraph (F) by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(G) shall provide contemporaneous notice to the
affected offeror and carrier of its decision to
exercise its authority under subparagraph (B), (C),
(D), or (E).''.
(b) Regulations.--
(1) In general.--Section 5121(e) is amended to read as
follows:
``(e) Regulations.--To carry out subsections (c) and (d), the
Secretary shall issue regulations in accordance with section 553 of
title 5 that address, at a minimum, the following:
``(1) Avoidance of delay in the transportation of time-
sensitive materials, such as medical products, perishables, and
other packages that are not the subject of the inspection.
``(2) Appropriate training and equipment for inspectors.
``(3) Restoration of the properly certified status of the
inspected package before resumption of transportation of that
package.
``(4) Consideration of the costs and damages that might occur
as a result of an inspection.''.
(2) Regulation required.--In accordance with section
5103(b)(2) of title 49, United States Code, not later than 1
year after the date of enactment of this Act, the Secretary of
Transportation shall take all actions necessary to finalize a
regulation pursuant to section 5121(e) of such title.
SEC. 9016. BUILDING PARTNERSHIPS FOR IMPROVED SAFETY AND SYSTEM
PERFORMANCE.
Section 5121(g) is amended--
(1) in paragraph (3) by striking ``or'' after the semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) to work with State enforcement personnel with
information and training relating to the uniform enforcement of
the regulations governing the transportation of hazardous
material; or''.
SEC. 9017. SAFETY REPORTING.
Section 5121(h) is amended--
(1) in the heading by inserting ``Biennial'' before
``Report'';
(2) in the matter before paragraph (1) by striking
``materials during'' and inserting ``material in all modes of
transportation during'';
(3) by redesignating paragraphs (2) through (6) as paragraphs
(3) through (7), respectively;
(4) by inserting after paragraph (1) the following:
``(2) a summary of the hazardous material transported during
the period covered by the report, set forth by the type and
quantity of hazardous material and by mode;'';
(5) in paragraph (4), as redesignated by paragraph (3) of
this section, by striking ``permit'' and inserting ``permit
issued'';
(6) in paragraph (5), as redesignated by paragraph (3) of
this section, by striking ``activities'' and inserting
``activities, including activities conducted under subsections
(c) and (d),''; and
(7) in paragraph (7), as redesignated by paragraph (3) of
this section, by striking ``appropriate legislation'' and
inserting ``legislative action that the Secretary considers
appropriate''.
SEC. 9018. CIVIL PENALTIES.
(a) Penalty.--Section 5123(a) is amended--
(1) in paragraph (1) by striking ``at least $250 but'';
(2) by striking paragraph (3) and redesignating paragraph (4)
as paragraph (3); and
(3) by adding at the end the following:
``(4) A carrier shall not be liable for violations of this chapter,
or a regulation issued under this chapter, stemming from pre-
transportation functions, as defined in section 171.1 of title 49, Code
of Federal Regulations, that are performed by another person unless the
carrier has actual knowledge of a violation.''.
(b) Penalty for Failure to Maintain Records, Reports, and
Information.--Section 5123 is amended by adding at the end the
following:
``(h) Penalty for Failure to Maintain Records, Reports, and
Information.--The Secretary may impose a penalty on a person who fails
to comply with section 5121(b).''.
SEC. 9019. PREEMPTION.
(a) Burden on Commerce.--Section 5125(a) is amended--
(1) in paragraph (1) by striking ``or'' after the semicolon;
(2) in paragraph (2) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the requirement of the State, political subdivision, or
Indian tribe, as applied or enforced, is an unreasonable burden
on commerce.''.
(b) Substantive Differences.--Section 5125(b)(1)(D) is amended by
striking ``written''.
(c) Route Registry.--Section 5125(c)(1) is amended by striking the
period at the end and inserting ``and is published in the Department's
hazardous material route registry under section 5112(c).''.
(d) Fees.--Section 5125(f)(2) is amended by striking ``, upon the
Secretary's request,'' and inserting ``biennially''.
(e) Non-Federal Enforcement Standards.--Section 5125 is amended by
striking subsection (h).
(f) Conforming Change.--Section 5125 is further amended--
(1) in subsections (d)(1) and (e) by striking ``or section
5119(f)''; and
(2) in subsection (g) by striking ``, and in section
5119(f),''.
SEC. 9020. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 is amended to read as follows:
``Sec. 5128. Authorization of appropriations
``(a) In General.--In order to carry out this chapter (except
sections 5108(g)(2), 5113, 5115, 5116, and 5119), there are authorized
to be appropriated to the Secretary $39,000,000 for each of fiscal
years 2012 through 2016.
``(b) Hazardous Material Emergency Preparedness Fund.--For each of
the fiscal years 2012 through 2016, there shall be available to the
Secretary, from the account established pursuant to section 5116(i),
the following:
``(1) To carry out section 5115, $188,000.
``(2) To carry out subsections (a) and (b) of section 5116,
$21,800,000.
``(3) To carry out section 5116(f), $150,000.
``(4) To publish and distribute the Emergency Response
Guidebook under section 5116(j)(3), $625,000.
``(5) To carry out section 5116(j), $1,000,000.
``(c) Issuance of Hazmat Licenses.--There are authorized to be
appropriated to the Secretary such amounts as may be necessary to carry
out section 5103a.
``(d) Credits to Appropriations.--The Secretary may credit to any
appropriation to carry out this chapter an amount received from a
State, Indian tribe, or other public authority or private entity for
expenses the Secretary incurs in providing training to the State,
tribe, authority, or entity.
``(e) Uniform Forms and Procedures.--There are authorized to be
appropriated to the Secretary $1,000,000 to carry out section 5119.
This amount shall remain available to be expended by the Secretary for
the 6-year period that begins on the date of enactment of this section.
``(f) Availability of Amounts.--Amounts made available by or under
this section, except for the amount under subsection (e), shall remain
available until expended.''.
SEC. 9021. ELECTRONIC SHIPPING PAPERS PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall establish
pilot projects, at least one of which shall be in a rural area, to
evaluate the feasibility and cost effectiveness of electronic shipping
paper systems that facilitate the exchange of shipping paper
information between offerors of hazardous material under chapter 51 of
title 49, United States Code, carriers, and emergency responders.
(b) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
pilot projects carried out under this section.
(2) Contents.--The report shall contain, at a minimum--
(A) an evaluation of each pilot project, including an
evaluation of the impacts on safety and the performance
of each system evaluated under that project and a cost-
benefit analysis for each mode of transportation; and
(B) based on the results of the cost-benefit
analyses, a recommendation on whether electronic
shipping papers systems described in subsection (a)
should be incorporated into the Federal hazardous
material safety program under chapter 51 of title 49,
United States Code, on a permanent basis.
SEC. 9022. WETLINES.
(a) Study.--
(1) In general.--The Secretary of Transportation shall enter
into an arrangement with an objective non-profit organization
to conduct a peer-reviewed study of the transportation of
flammable liquids in the external product piping of cargo tank
motor vehicles (commonly referred to as ``wetlines'').
(2) Contents.--The study shall--
(A) accurately quantify the number of wetlines
incidents over a 10-year period;
(B) identify various alternatives to loading and
transporting flammable liquids in cargo tank wetlines;
(C) examine the costs and benefits of each
alternative; and
(D) identify existing obstacles to implementing each
alternative.
(3) Transmittal.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a copy of the study.
(b) Regulatory Restriction.--The Secretary may not issue a final rule
regulating the transportation of flammable liquids in the external
product piping of cargo tank motor vehicles.
SEC. 9023. PRODUCT STUDY.
(a) In General.--The Secretary shall conduct a study on whether it is
necessary to continue to designate any amount or form of finished
pharmaceutical, finished cosmetic, or similar product containing ethyl
alcohol as a hazardous material under section 5103(a) of title 49,
United States Code.
(b) Contents.--The study conducted under subsection (a) shall
include, at a minimum--
(1) an evaluation of the history, severity, and costs of any
incidents in transporting such products;
(2) an evaluation of the risk posed by such products in
commercial packaging in current use in transportation and the
risk associated in transporting the products without any
specific packaging required by any applicable special permit or
regulation;
(3) the costs to the industry of designating the products as
hazardous material, including the cost of regulation, as
compared with the costs of incidents that have occurred or are
probable with regard to the products; and
(4) a summary of comments from industry stakeholders and the
public on whether there is a need for continued designation of
such products as hazardous material.
(c) Transmittal.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under subsection (a) and
any proposed actions to be taken by the Secretary resulting from the
study.
TITLE X--WATERBORNE TRANSPORTATION
SEC. 10001. SENSE OF CONGRESS ON HARBOR MAINTENANCE.
(a) Findings.--Congress finds the following:
(1) There are 926 ports served by federally maintained
channels which handle more than 2.2 billion tons of cargo
annually, and this figure is expected to increase.
(2) More than $1.1 trillion in foreign commerce enters the
United States through the Nation's ports annually, and this
figure is expected to increase.
(3) Expansion of the Panama Canal system in Central America
will likely be completed in 2014, and this will present
opportunities and challenges for the Nation's economic well-
being.
(4) Insufficient maintenance dredging of the Nation's
navigation channels results in inefficient water transportation
and harmful economic consequences.
(5) In 1986, Congress created the Harbor Maintenance Trust
Fund to provide funds for the operation and maintenance of the
Nation's navigation channels.
(6) The fiscal year 2011, Harbor Maintenance Trust Fund
equity grew by 13.7 percent from fiscal year 2010 (to $6.42
billion) and total annual receipts increased 17.3 percent (to
$1.6 billion).
(7) Despite growth of the Harbor Maintenance Trust Fund,
expenditures from the Harbor Maintenance Trust Fund continue to
decline.
(8) Despite growth of the Harbor Maintenance Trust Fund,
federally maintained channels are only at their authorized
widths or depths 35 percent of the time, thereby restricting
access to the Nation's ports for both imports and exports.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Harbor Maintenance Trust Fund is not being used for
its intended purpose and charging maritime commerce a harbor
maintenance tax while failing to provide the service for which
it was established is unfair and places the Nation at economic
risk;
(2) the Administration should request full use of the Harbor
Maintenance Trust Fund for operating and maintaining the
Nation's navigation system; and
(3) Congress should fully expend the amounts in the Harbor
Maintenance Trust Fund to operate and maintain the Nation's
navigation system.
SEC. 10002. STUDY AND REPORT ON STRATEGIC PORTS.
(a) Study Requirement.--The Secretary shall conduct a study on
infrastructure facility requirements, road and highway improvements,
rail connections, and other multimodal transportation capacity
requirements necessary to achieve the following goals with respect to
strategic ports:
(1) Provide greater access to port facilities.
(2) Reduce congestion.
(3) Improve the movement of goods.
(4) Increase productivity.
(5) Enhance maritime security.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
results of the study conducted under subsection (a), with such
recommendations as the Secretary considers necessary to achieve the
goals listed in that subsection.
(c) Strategic Port Defined.--In this section, the term ``strategic
port'' means a United States port designated by the Secretary and the
Secretary of Defense as a significant transportation hub important to
the readiness and cargo throughput capacity of the Department of
Defense.
TITLE XI--REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH RESTORATION
AND BOATING TRUST FUND
SEC. 11001. SHORT TITLE.
This title may be cited as the ``Sportfishing and Recreational
Boating Safety Act of 2012''.
SEC. 11002. REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH
RESTORATION AND BOATING TRUST FUND.
(a) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is
amended--
(1) in subsection (a) in the matter preceding paragraph (1),
by striking ``For each of'' and all that follows through ``the
balance of each annual'' and inserting ``For each fiscal year
through fiscal year 2016, the balance of each annual'';
(2) in subsection (b)(1)(A), by striking ``From the annual''
and all that follows through ``the Secretary'' and inserting
``From the annual appropriation made in accordance with section
3 for each fiscal year through fiscal year 2016, the
Secretary''; and
(3) by striking subsection (b)(1)(B) and inserting the
following:
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is, for each fiscal
year, the sum of--
``(i) the available amount for the preceding
fiscal year; and
``(ii) the amount determined by multiplying--
``(I) the available amount for the
preceding fiscal year; and
``(II) the change, relative to the
preceding fiscal year, in the Consumer
Price Index for All Urban Consumers
published by the Department of
Labor.''.
(b) Extension of Expenditure Authority From the Sport Fish
Restoration and Boating Trust Fund.--Section 9504 of the Internal
Revenue Code of 1986 is amended--
(1) in subsection (b)(2), by striking ``(as in effect on''
each place it appears and all that follows through the next
closed parenthesis and inserting ``(as in effect on the date of
enactment of the Sportfishing and Recreational Boating Safety
Act of 2012)'', and
(2) in subsection (d)(2), by striking ``before'' and all that
follows through ``in accordance'' and inserting ``before
October 1, 2016, in accordance''.
(c) Authorization of Appropriations.--Chapter 131 of title 46, United
States Code, is amended--
(1) in section 13107(a)(2), by striking ``two'' and inserting
``1.5''; and
(2) in section 13107(c), by striking so much as precedes
paragraph (2) and inserting the following:
``(c)(1) Of the amount transferred to the Secretary under section
4(a)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(a)(2))--
``(A) $6,000,000 is available to the Secretary for the
payment of expenses of the Coast Guard for personnel and
activities directly related to coordinating and carrying out
the national recreational boating safety program under this
title, of which not less than $2,000,000 shall be available to
the Secretary only to ensure compliance with chapter 43 of this
title; and
``(B) $100,000 is available to fund the activities of the
National Boating Safety Advisory Council established under this
chapter.''.
TITLE XII--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS
SEC. 12001. SHORT TITLE; EFFECTIVE DATE.
(a) Short Title.--This title may be cited as the ``Surface
Transportation Extension Act of 2012''.
(b) Effective Date.--The amendments made by this title take effect on
April 1, 2012.
Subtitle A--Federal-Aid Highways
SEC. 12101. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Section 111 of the Surface Transportation Extension
Act of 2011, Part II (Public Law 112-30; 125 Stat. 343) is amended--
(1) by striking ``the period beginning on October 1, 2011,
and ending on March 31, 2012,'' each place it appears and
inserting ``fiscal year 2012'';
(2) by striking ``\1/2\ of'' each place it appears; and
(3) in subsection (a) by striking ``March 31, 2012'' and
inserting ``September 30, 2012''.
(b) Use of Funds.--Section 111(c) of the Surface Transportation
Extension Act of 2011, Part II (125 Stat. 343) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A) by striking ``, except that
during such period'' and all that follows before the
period at the end; and
(B) in subparagraph (B)(ii) by striking
``$319,500,000'' and inserting ``$639,000,000''; and
(2) by striking paragraph (4).
(c) Extension of Authorizations Under Title V of SAFETEA-LU.--Section
111(e)(2) of the Surface Transportation Extension Act of 2011, Part II
(125 Stat. 343) is amended by striking ``the period beginning on
October 1, 2011, and ending on March 31, 2012.'' and inserting ``fiscal
year 2012.''.
(d) Administrative Expenses.--Section 112(a) of the Surface
Transportation Extension Act of 2011, Part II (125 Stat. 346) is
amended by striking ``$196,427,625 for the period beginning on October
1, 2011, and ending on March 31, 2012.'' and inserting ``$392,855,250
for fiscal year 2012.''.
Subtitle B--Extension of Highway Safety Programs
SEC. 12201. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY SAFETY PROGRAMS.
(a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``$235,000,000 for
fiscal year 2009'' and all that follows through the period at the end
and inserting ``and $235,000,000 for each of fiscal years 2009 through
2012.''.
(b) Highway Safety Research and Development.--Section 2001(a)(2) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``$108,244,000 for
fiscal year 2011'' and all that follows through the period at the end
and inserting ``and $108,244,000 for each of fiscal years 2011 and
2012.''.
(c) Occupant Protection Incentive Grants.--Section 2001(a)(3) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``, $25,000,000 for
fiscal year 2006'' and all that follows through the period at the end
and inserting ``and $25,000,000 for each of fiscal years 2006 through
2012.''.
(d) Safety Belt Performance Grants.--Section 2001(a)(4) of SAFETEA-LU
(119 Stat. 1519) is amended by striking ``and $24,250,000 for the
period beginning on October 1, 2011, and ending on March 31, 2012.''
and inserting ``and $48,500,000 for fiscal year 2012.''.
(e) State Traffic Safety Information System Improvements.--Section
2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by striking ``for
fiscal year 2006'' and all that follows through the period at the end
and inserting ``for each of fiscal years 2006 through 2012.''.
(f) Alcohol-Impaired Driving Countermeasures Incentive Grant
Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat. 1519) is amended
by striking ``$139,000,000 for fiscal year 2009'' and all that follows
through the period at the end and inserting ``and $139,000,000 for each
of fiscal years fiscal years 2009 through 2012.''.
(g) National Driver Register.--Section 2001(a)(7) of SAFETEA-LU (119
Stat. 1520) is amended by striking ``and $2,058,000 for the period
beginning on October 1, 2011, and ending on March 31, 2012.'' and
inserting ``and $4,000,000 for fiscal year 2012.''.
(h) High Visibility Enforcement Program.--Section 2001(a)(8) of
SAFETEA-LU (119 Stat. 1520) is amended by striking ``for fiscal year
2006'' and all that follows through the period at the end and inserting
``for each of fiscal years 2006 through 2012.''.
(i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU (119 Stat.
1520) is amended by striking ``$7,000,000 for fiscal year 2009'' and
all that follows through the period at the end and inserting ``and
$7,000,000 for each of fiscal years 2009 through 2012.''.
(j) Child Safety and Child Booster Seat Safety Incentive Grants.--
Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520) is amended by
striking ``$7,000,000 for fiscal year 2009'' and all that follows
through the period at the end and inserting ``and $7,000,000 for each
of fiscal years 2009 through 2012.''.
(k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-LU (119
Stat. 1520) is amended by striking ``$25,328,000 for fiscal year 2011''
and all that follows through the period at the end and inserting ``and
$25,328,000 for each of fiscal years 2011 and 2012.''.
SEC. 12202. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAMS.
(a) Motor Carrier Safety Grants.--Section 31104(a)(8) of title 49,
United States Code, is amended to read as follows:
``(8) $212,000,000 for fiscal year 2012.''.
(b) Administrative Expenses.--Section 31104(i)(1)(H) of title 49,
United States Code, is amended to read as follows:
``(H) $244,144,000 for fiscal year 2012.''.
(c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715)
is amended--
(1) in paragraph (1) by striking ``and $15,000,000 for the
period beginning on October 1, 2011, and ending on March 31,
2012.'' and inserting ``and $30,000,000 for fiscal year
2012.'';
(2) in paragraph (2) by striking ``2011 and $16,000,000 for
the period beginning on October 1, 2011, and ending on March
31, 2012.'' and inserting ``2012.'';
(3) in paragraph (3) by striking ``2011 and $2,500,000 for
the period beginning on October 1, 2011, and ending on March
31, 2012.'' and inserting ``2012.'';
(4) in paragraph (4) by striking ``2011 and $12,500,000 for
the period beginning on October 1, 2011, and ending on March
31, 2012.'' and inserting ``2012.''; and
(5) in paragraph (5) by striking ``2011 and $1,500,000 for
the period beginning on October 1, 2011, and ending on March
31, 2012.'' and inserting ``2012.''.
(d) High-Priority Activities.--Section 31104(k)(2) of title 49,
United States Code, is amended by striking ``2011 and $7,500,000 for
the period beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``2012''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
States Code, is amended by striking ``and up to $14,500,000 for the
period beginning on October 1, 2011, and ending on March 31, 2012,''.
(f) Outreach and Education.--Section 4127(e) of SAFETEA-LU (119 Stat.
1741) is amended by striking ``and 2011 (and $500,000 to the Federal
Motor Carrier Safety Administration, and $1,500,000 to the National
Highway Traffic Safety Administration, for the period beginning on
October 1, 2011, and ending on March 31, 2012)'' and inserting ``2011,
and 2012''.
(g) Grant Program for Commercial Motor Vehicle Operators.--Section
4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by striking ``2011
and $500,000 for the period beginning on October 1, 2011, and ending on
March 31, 2012,'' and inserting ``2012''.
(h) Motor Carrier Safety Advisory Committee.--Section 4144(d) of
SAFETEA-LU (119 Stat. 1748) is amended by striking ``March 31, 2012''
and inserting ``September 30, 2012''.
(i) Working Group for Development of Practices and Procedures To
Enhance Federal-State Relations.--Section 4213(d) of SAFETEA-LU (49
U.S.C. 14710 note; 119 Stat. 1759) is amended by striking ``March 31,
2012'' and inserting ``September 30, 2012''.
SEC. 12203. ADDITIONAL PROGRAMS.
(a) Hazardous Materials Research Projects.--Section 7131(c) of
SAFETEA-LU (119 Stat. 1910) is amended by striking ``2011 and $580,000
for the period beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``2012''.
(b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is
amended--
(1) in subsection (a) by striking ``2011 and for the period
beginning on October 1, 2011, and ending on March 31, 2012,''
and inserting ``2012,''; and
(2) in the first sentence of subsection (b)(1)(A) by striking
``2011 and for the period beginning on October 1, 2011, and
ending on March 31, 2012,'' and inserting ``2012,''.
Subtitle C--Public Transportation Programs
SEC. 12301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.
Section 5305(g) of title 49, United States Code, is amended by
striking ``2011 and for the period beginning on October 1, 2011, and
ending on March 31, 2012'' and inserting ``2012''.
SEC. 12302. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.
Section 5307(b)(2) of title 49, United States Code, is amended--
(1) by striking the paragraph heading and inserting ``Special
rule for fiscal years 2005 through 2012.--'';
(2) in subparagraph (A) by striking ``2011 and the period
beginning on October 1, 2011, and ending on March 31, 2012,''
and inserting ``2012,'' ; and
(3) in subparagraph (E)--
(A) by striking the subparagraph heading and
inserting ``Maximum amounts in fiscal years 2008
through 2012.--''; and
(B) in the matter preceding clause (i) by striking
``2011 and during the period beginning on October 1,
2011, and ending on March 31, 2012'' and inserting
``2012''.
SEC. 12303. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.
Section 5309(m) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking the paragraph heading and inserting
``Fiscal years 2006 through 2012.--'';
(B) in the matter preceding subparagraph (A) by
striking ``2011 and the period beginning on October 1,
2011, and ending on March 31, 2012,'' and inserting
``2012''; and
(C) in subparagraph (A)(i) by striking ``2011 and
$100,000,000 for the period beginning on October 1,
2011, and ending on March 31, 2012,'' and inserting
``2012'';
(2) in paragraph (6)--
(A) in subparagraph (B) by striking ``2011 and
$7,500,000 shall be available for the period beginning
on October 1, 2011, and ending on March 31, 2012,'' and
inserting ``2012''; and
(B) in subparagraph (C) by striking ``2011 and
$2,500,000 shall be available for the period beginning
on October 1, 2011, and ending on March 31, 2012,'' and
inserting ``2012''; and
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) in the first sentence by striking
``2011 and $5,000,000 shall be
available for the period beginning on
October 1, 2011, and ending on March
31, 2012,'' and inserting ``2012''; and
(II) in the second sentence by
inserting ``each fiscal year'' before
the colon;
(ii) in clause (i) by striking ``for each
fiscal year and $1,250,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,'';
(iii) in clause (ii) by striking ``for each
fiscal year and $1,250,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,'';
(iv) in clause (iii) by striking ``for each
fiscal year and $500,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,'';
(v) in clause (iv) by striking ``for each
fiscal year and $500,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,'';
(vi) in clause (v) by striking ``for each
fiscal year and $500,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,'';
(vii) in clause (vi) by striking ``for each
fiscal year and $500,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,'';
(viii) in clause (vii) by striking ``for each
fiscal year and $325,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,''; and
(ix) in clause (viii) by striking ``for each
fiscal year and $175,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,'';
(B) in subparagraph (B) by striking clause (vii) and
inserting the following:
``(vii) $13,500,000 for fiscal year 2012.'';
(C) in subparagraph (C) by striking ``and during the
period beginning on October 1, 2011, and ending on
March 31, 2012,'';
(D) in subparagraph (D) by striking ``and not less
than $17,500,000 shall be available for the period
beginning on October 1, 2011, and ending on March 31,
2012,''; and
(E) in subparagraph (E) by striking ``and $1,500,000
shall be available for the period beginning on October
1, 2011, and ending on March 31, 2012,''.
SEC. 12304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED
AREAS.
Section 5311(c)(1)(G) of title 49, United States Code, is amended to
read as follows:
``(G) $15,000,000 for fiscal year 2012.''.
SEC. 12305. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.
Section 5337 of title 49, United States Code, is amended by striking
subsection (g).
SEC. 12306. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
(a) Formula and Bus Grants.--Section 5338(b) of title 49, United
States Code, is amended--
(1) in paragraph (1) by striking subparagraph (G) and
inserting the following:
``(G) $8,360,565,000 for fiscal year 2012.''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``$113,500,000
for each of fiscal years 2009 and 2010, $113,500,000
for fiscal year 2011, and $56,750,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $113,500,000 for each of
fiscal years 2009 through 2012'';
(B) in subparagraph (B) by striking ``$4,160,365,000
for each of fiscal years 2009 and 2010, $4,160,365,000
for fiscal year 2011, and $2,080,182,500 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $4,160,365,000 for each of
fiscal years 2009 through 2012'';
(C) in subparagraph (C) by striking ``$51,500,000 for
each of fiscal years 2009 and 2010, $51,500,000 for
fiscal year 2011, and $25,750,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $51,500,000 for each of
fiscal years 2009 through 2012'';
(D) in subparagraph (D) by striking ``$1,666,500,000
for each of fiscal years 2009 and 2010, $1,666,500,000
for fiscal year 2011, and $833,250,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $1,666,500,000 for each of
fiscal years 2009 through 2012'';
(E) in subparagraph (E) by striking ``$984,000,000
for each of fiscal years 2009 and 2010, $984,000,000
for fiscal year 2011, and $492,000,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $984,000,000 for each of
fiscal years 2009 through 2012'';
(F) in subparagraph (F) by striking ``$133,500,000
for each of fiscal years 2009 and 2010, $133,500,000
for fiscal year 2011, and $66,750,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $133,500,000 for each of
fiscal years 2009 through 2012'';
(G) in subparagraph (G) by striking ``$465,000,000
for each of fiscal years 2009 and 2010, $465,000,000
for fiscal year 2011, and $232,500,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $465,000,000 for each of
fiscal years 2009 through 2012'';
(H) in subparagraph (H) by striking ``$164,500,000
for each of fiscal years 2009 and 2010, $164,500,000
for fiscal year 2011, and $82,250,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $164,500,000 for each of
fiscal years 2009 through 2012'';
(I) in subparagraph (I) by striking ``$92,500,000 for
each of fiscal years 2009 and 2010, $92,500,000 for
fiscal year 2011, and $46,250,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $92,500,000 for each of
fiscal years 2009 through 2012'';
(J) in subparagraph (J) by striking ``$26,900,000 for
each of fiscal years 2009 and 2010, $26,900,000 for
fiscal year 2011, and $13,450,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $26,900,000 for each of
fiscal years 2009 through 2012'';
(K) in subparagraph (K) by striking ``in fiscal year
2006'' and all that follows through ``March 31, 2012,''
and inserting ``for each of fiscal years 2006 through
2012'';
(L) in subparagraph (L) by striking ``in fiscal year
2006'' and all that follows through ``March 31, 2012,''
and inserting ``for each of fiscal years 2006 through
2012'';
(M) in subparagraph (M) by striking ``$465,000,000
for each of fiscal years 2009 and 2010, $465,000,000
for fiscal year 2011, and $232,500,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $465,000,000 for each of
fiscal years 2009 through 2012''; and
(N) in subparagraph (N) by striking ``$8,800,000 for
each of fiscal years 2009 and 2010, $8,800,000 for
fiscal year 2011, and $4,400,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012,'' and inserting ``and $8,800,000 for each of
fiscal years 2009 through 2012''.
(b) Capital Investment Grants.--Section 5338(c)(7) of title 49,
United States Code, is amended to read as follows:
``(7) $1,600,000,000 for fiscal year 2012.''.
(c) Research and University Research Centers.--Section 5338(d) of
title 49, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``and 2010, $69,750,000 for fiscal year 2011,
and $29,500,000 for the period beginning on October 1, 2011,
and ending on March 31, 2012,'' and inserting ``through 2011
and $44,000,000 for fiscal year 2012''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Additional authorizations.--
``(A) Research.--Of amounts authorized to be
appropriated under paragraph (1) for fiscal year 2012,
the Secretary shall allocate for each of the activities
and projects described in subparagraphs (A) through (F)
of paragraph (1) an amount equal to 63 percent of the
amount allocated for fiscal year 2009 under each such
subparagraph.
``(B) University centers program.--
``(i) Fiscal year 2012.--Of the amounts
allocated under subparagraph (A)(i) for the
university centers program under section 5506
for fiscal year 2012, the Secretary shall
allocate for each program described in clauses
(i) through (iii) and (v) through (viii) of
paragraph (2)(A) an amount equal to 63 percent
of the amount allocated for fiscal year 2009
under each such clause.
``(ii) Funding.--If the Secretary determines
that a project or activity described in
paragraph (2) received sufficient funds in
fiscal year 2011, or a previous fiscal year, to
carry out the purpose for which the project or
activity was authorized, the Secretary may not
allocate any amounts under clause (i) for the
project or activity for fiscal year 2012 or any
subsequent fiscal year.''.
(d) Administration.--Section 5338(e)(7) of title 49, United States
Code, is amended to read as follows:
``(7) $98,713,000 for fiscal year 2012.''.
SEC. 12307. AMENDMENTS TO SAFETEA-LU.
(a) Contracted Paratransit Pilot.--Section 3009(i)(1) of SAFETEA-LU
(119 Stat. 1572) is amended by striking ``2011 and the period beginning
on October 1, 2011, and ending on March 31, 2012,'' and inserting
``2012,''.
(b) Public-Private Partnership Pilot Program.--Section 3011 of
SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended--
(1) in subsection (c)(5) by striking ``2011 and the period
beginning on October 1, 2011, and ending on March 31, 2012''
and inserting ``2012''; and
(2) in the second sentence of subsection (d) by striking
``2011 and the period beginning on October 1, 2011, and ending
on March 31, 2012,'' and inserting ``2012''.
(c) Elderly Individuals and Individuals With Disabilities Pilot
Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C. 5310 note; 119
Stat. 1593) is amended by striking ``March 31, 2012'' and inserting
``September 30, 2012''.
(d) Obligation Ceiling.--Section 3040(8) of SAFETEA-LU (119 Stat.
1639) is amended to read as follows:
``(8) $10,458,278,000 for fiscal year 2012, of which not more
than $8,360,565,000 shall be from the Mass Transit Account.''.
(e) Project Authorizations for New Fixed Guideway Capital Projects.--
Section 3043 of SAFETEA-LU (119 Stat. 1640) is amended--
(1) in subsection (b), in the matter preceding paragraph (1),
by striking ``2011 and the period beginning on October 1, 2011,
and ending on March 31, 2012,'' and inserting ``2012''; and
(2) in subsection (c), in the matter preceding paragraph (1),
by striking ``2011 and the period beginning on October 1, 2011,
and ending on March 31, 2012,'' and inserting ``2012''.
(f) Allocations for National Research and Technology Programs.--
Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706) is
amended--
(1) in subsection (b) by striking ``fiscal year or period''
and inserting ``fiscal year''; and
(2) by striking subsection (c)(2) and inserting the
following:
``(2) for fiscal year 2012, in amounts equal to 63 percent of
the amounts allocated for fiscal year 2009 under each of
paragraphs (2), (3), (5), and (8) through (25) of subsection
(a).''.
TITLE XIII--ADDITIONAL TRANSPORTATION PROVISIONS
SEC. 13001. AUDIT OF UNION STATION REDEVELOPMENT CORPORATION.
The Inspector General of the Department of Transportation, or an
auditor determined by the Inspector General to meet the independence
standards specified in the Government Auditing Standards issued by the
Comptroller General of the United States, shall once every 2 years
conduct an audit of the accounts and operations of the Union Station
Redevelopment Corporation. The audit of financial statements shall be
conducted in accordance with generally accepted auditing standards and,
to the extent determined applicable by the Inspector General, the
Government Auditing Standards.
SEC. 13002. PROHIBITION ON USE OF FUNDS.
None of the funds appropriated or otherwise made available under this
Act, or the amendments made by this Act, may be used for physical
signage indicating that a project is funded under this Act.
Purpose of the Legislation and Summary
The purpose of this bill is to provide a long-term
reauthorization of federal highway, transit and highway safety
programs that will streamline and consolidate federal
transportation programs, cut red tape and government
bureaucracy, increase funding flexibility for states and local
governments, better leverage existing infrastructure resources,
and encourage more private sector participation in building
infrastructure. The bill also makes significant reforms to
other transportation programs, including federal passenger and
freight rail transportation, and hazardous materials
transportation.
Background and Need for Legislation
The Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) was enacted in
August of 2005 and reauthorized federal surface transportation
programs through September 30, 2009.
On September 30, 2009, SAFETEA-LU expired. Since that time,
eight extensions of SAFETEA-LU have been enacted to continue
funding authority under SAFETEA-LU program structures. The
latest extension, the Surface Transportation Extension Act of
2011, Part II (Title I of P.L. 112-30), will expire on March
31, 2012.
Enactment of H.R. 7, the American Energy and Infrastructure
Jobs Act of 2012, will reauthorize federal highway, transit,
and highway safety programs through fiscal year (FY) 2016,
providing the long-term stability that is needed in order for
states to plan major transportation infrastructure projects and
provide lasting employment.
Program Reform and Reducing the Size of Government
Currently, there are over 100 federal surface
transportation programs, many of which were created over the
last 50 years to address narrow interests beyond the original
programmatic goals. Many of these programs are duplicative or
do not serve a national interest; they simply add to the
massive federal bureaucracy. Dollars that could be directed to
infrastructure are instead diverted to the continued
administration of these programs.
The American Energy and Infrastructure Jobs Act reforms
surface transportation programs by consolidating or eliminating
approximately 70 programs that are duplicative or do not serve
a federal purpose. This proposal identifies programs that serve
similar purposes, such as the Indian Reservation Roads Program
and the Transit on Indian Reservations Program, and
consolidates them into a Tribal Transportation Program. The
proposal also identifies programs that do not serve a federal
interest, such as the National Historic Covered Bridge
Preservation Program and the Nonmotorized Transportation Pilot
Program, and eliminates them.
Furthermore, states will no longer be required to spend
highway funding on non-highway activities. States will be
permitted to fund such activities if they choose, but they will
be provided the flexibility to identify and address their most
critical infrastructure needs. However, this additional
flexibility will not be unchecked. States will be held
accountable for their spending decisions through new
performance measures and transparency requirements.
The Highway Trust Fund was created in the 1950s to
construct the Interstate Highway System. In the years since,
numerous new programs have been created and the focus of our
federal transportation programs has expanded well beyond their
original intent and goals. This legislation refocuses the
Highway Trust Fund on programs and projects that have regional
and national impacts and eliminates programs that do not.
Reforming programs and reducing the federal bureaucracy
under the American Energy and Infrastructure Jobs Act will
ensure a more streamlined federal government and the more
effective investment of resources.
Streamlining Project Delivery and Cutting Red Tape
Government bureaucracy and red tape in the approval and
permitting process create needless infrastructure project
delays and cost increases. According to the Federal Highway
Administration, highway projects can take up to 15 years to
complete. While state and local governments deal with the
seemingly endless review process, transportation capacity and
safety improvements stall, construction costs escalate, and job
creation is put on hold.
For example, after a series of fatal accidents on a roadway
in Toulumne County, California, a project was proposed to widen
the roadway by no more than two feet in any location, construct
2,000 feet of new guardrail, replace two culvert pipes, and
resurface the road. This project took over seven years just to
complete the environmental reviews and permit approvals.
Unfortunately, during that seven year period there were
additional serious accidents on the roadway that could have
been avoided.
Project reviews are necessary to help protect the
environment, but a more reasonable process is essential to
using our resources more effectively. It can be done. When a
design flaw caused the collapse of the I-35W bridge in
Minnesota in 2007, the replacement was contracted to be
completed in just 437 days and was completed significantly
ahead of schedule using innovative contracting methods and a
streamlined environmental review process.
The American Energy and Infrastructure Jobs Act streamlines
and condenses the project review process by cutting
bureaucratic red tape, allowing federal agencies to review
transportation projects concurrently, setting hard deadlines
for federal agencies to approve projects, and delegating more
decision making authority to states.
The legislation makes environmental reviews more efficient
by: (1) condensing the final environmental impact statement and
combining it with the record of decision; (2) providing a
single system to review decisions, requiring concurrent
reviews, and setting deadlines for approvals; and (3)
classifying projects in the right-of-way as categorical
exclusions under the National Environmental Policy Act (NEPA).
H.R. 7 clarifies eligibility for pre-construction
activities by: (1) allowing for acquisition of land during the
NEPA process if the transaction itself does not cause a change
in the area's land use or adverse environmental effects; (2)
encouraging corridor preservation to reduce project costs,
delays, and impacts on communities; and (3) allowing detailed
design work prior to completion of the NEPA process at state
expense, making such work eligible for federal reimbursement
only if the project is subsequently approved.
The bill also promotes integrated planning and programmatic
approaches by: (1) building on the efforts in section 6001 of
SAFETEA-LU and allowing environmental decisions made in the
planning process to be carried forward into the NEPA process;
and (2) clarifying authority for programmatic approaches,
rather than project-by-project reviews.
By cutting the project review process time in half, the
legislation ensures environmental protections remain in place
while investing infrastructure resources in a much more
effective manner.
Increasing Private Sector Participation and Maximizing Existing Revenue
The American Energy and Infrastructure Jobs Act maximizes
the buying power of infrastructure resources in a number of
ways, including better leveraging existing federal funds and
adopting policies that will attract private sector investment.
Private sector interest in building infrastructure is
considerable, and encouraging the private sector to responsibly
partner with federal and state governments can significantly
enhance the amount of available federal revenue. While public-
private partnerships cannot address all of our infrastructure
needs, significant changes in existing programs and policy will
attract private sector investment.
The American Energy and Infrastructure Jobs Act builds upon
and improves the successful Transportation Infrastructure
Finance and Innovation Act (TIFIA) loan program. The measure
dedicates $1 billion per year to the TIFIA program resulting in
$10 billion in low interest loans to fund at least $20 billion
per year in transportation projects. Providing additional
funding for TIFIA will help meet demand for credit assistance
for transportation projects and enable increased leveraging of
Highway Trust Fund dollars with state, local and private-sector
funding.
The legislation does not create a new National
Infrastructure Bank, but rather builds upon existing state
infrastructure banks. States will be encouraged to create and
capitalize state infrastructure banks to provide loans for
transportation projects at the state and local level. The
percentage of federal highway funding that a state can dedicate
to a state infrastructure bank will be increased from 10
percent to 15 percent and states will receive a specific amount
of funding that can only be used to fund state infrastructure
banks.
H.R. 7 also calls for unlocking existing revenue sources
that are not being fully utilized for their intended purpose.
Under this initiative, existing lanes on the Interstate Highway
System remain toll-free; however, states will have the ability
to toll new capacity on the Interstate System. States will also
have greater flexibility to toll non-Interstate highways.
The Harbor Maintenance Trust Fund is supported by cargo
fees and is critical for dredging and other improvements to
federal harbor channels. Despite growing maritime
infrastructure needs, these funds are not being fully utilized
to maintain our ports. H.R. 7 encourages using all the amounts
collected each year in the Harbor Maintenance Trust Fund for
their intended purpose of maintaining safe and adequate harbor
channels for the Nation's waterborne transportation system.
H.R. 7 improves the underutilized Rail Rehabilitation and
Improvement Financing (RRIF) Program by creating a faster and
more predictable application process and allowing more
flexibility in loan terms. While RRIF was created to allow for
loans and loan guarantees to help improve the nation's rail
infrastructure, the slow process for approval and constricting
terms have stunted its potential. H.R. 7 ensures the program is
able to help address the nation's growing rail infrastructure
needs at a time when the economy is continuing its recovery.
The American Energy and Infrastructure Jobs Act will allow
federal dollars to work more effectively and generate
additional revenue for infrastructure improvements and job
creation. By more effectively leveraging available resources,
we can achieve more infrastructure and employment benefits per
dollar invested.
Federal Highway Program
Fifty years ago the goal of the Federal Highway Program was
to fund road construction projects that facilitated interstate
travel and interstate commerce. After the Interstate Highway
System was largely completed, the Federal Highway Program began
to fund a broader range of projects. Today there are more than
50 programs run by the Federal Highway Administration that fund
projects ranging from graffiti removal to planting of
wildflowers.
The American Energy and Infrastructure Jobs Act eliminates
approximately 40 Federal Highway Administration programs and
focuses our limited federal resources on projects that have
regional or national significance. Federal approvals and
processes are streamlined to ensure projects are expedited, and
administrative overhead can be reduced through programmatic
reform, increasing the amount of funding available for
projects.
State Flexibility and Accountability
Under the legislation, states maintain the opportunity to
fund the broad range of eligible projects under the current
Surface Transportation and Congestion Mitigation and Air
Quality programs, but they are not required to spend a specific
amount of funding on specific types of projects, such as
transportation museums or landscaping. More than 90 percent of
Federal Highway Program funding will be distributed through
formula programs to state departments of transportation,
allowing state and local transportation officials to prioritize
projects rather than bureaucrats in Washington, D.C. States are
provided the maximum amount of flexibility in choosing what
projects to fund with their federal highway dollars, but will
be held accountable for those choices through performance
measures and transparency requirements.
A Focus on the National Highway System
The new Federal Highway Program focuses primarily on the
National Highway System--a 160,000-mile system of roads that
includes the Interstate Highway System and other roads
important to the nation's economy, defense and freight
mobility. Under H.R. 7, approximately half of the funding
provided for the Federal Highway Program is directed to funding
projects on the National Highway System.
Highway Safety
The legislation doubles the amount of funding dedicated to
the Highway Safety Improvement Program. This program funds road
infrastructure projects designed to improve safety and can fund
projects on virtually any road.
Improved Leveraging of Resources
The bill better leverages our limited federal resources,
including through the TIFIA program and the existing state
infrastructure bank structure. This approach keeps the federal
financing bureaucracy at a minimum and maximizes states'
financial capabilities.
Highway and Motor Carrier Safety
Recent years have seen a steady decline in highway
fatalities, from 43,510 in 2005 to 32,885 in 2010. There has
also been a dramatic reduction in severe and fatal crashes
involving large trucks and buses, with fatalities from crashes
dropping from 5,539 in 2005 to 3,944 in 2010.
The American Energy and Infrastructure Jobs Act builds upon
the progress made in recent years and ensures continued safety
improvements by incorporating performance measures into each
state's highway safety plan. Under the bill, each state is
required to establish quantifiable targets for each performance
measure. This will help states target the most effective
highway and motor carrier safety activities and hold states
accountable for how they spend their federal funding.
National Highway Traffic Safety Administration (NHTSA) Safety Programs
H.R. 7 focuses funding on NHTSA's highway safety grant
program that distributes money to states through a formula for
highway safety activities. It clarifies that states can use
highway safety grant funding for initiatives to increase seat
belt use, prevent impaired driving, and improve motorcycle
safety. In addition, the bill changes the distribution formula
for NHTSA's highway safety grant program so states that have
laws and programs designed to increase seat belt use, prevent
impaired driving, or improve the safety of young drivers
receive more funding. Finally, the bill holds states
accountable by requiring them to spend federal funding in areas
where they are not meeting performance goals.
Motor Carrier Safety Programs
H.R. 7 ensures that federal regulations keep unsafe trucks
and buses off the road while allowing companies that operate in
a safe and responsible manner to continue to do so.
Specifically, the bill prevents companies that have been shut
down for violating safety standards from reincarnating as new
carriers to avoid compliance. It consolidates grant programs
and institutes new performance measures to focus state motor
carrier safety efforts on reducing the number of crashes and
fatalities involving large trucks and buses. It establishes
annual inspection programs for buses. The bill also requires
the Secretary to establish a clearinghouse of positive drug and
alcohol test results by commercial drivers, and prescribe
regulations to establish minimum training requirements for
commercial drivers.
Federal Transit Programs
The American Energy and Infrastructure Jobs Act focuses on
federal transit policies and programs that most effectively
contribute to public transportation services that meet the
needs of commuters, transit-dependent individuals, and
occasional transit riders.
Private Sector Partnering
H.R. 7 removes current barriers that prevent the private
sector from offering public transportation services. It
provides incentives to vanpools and intercity bus operators to
participate in federally supported transit services; requires
that private intercity and charter bus operators be given
reasonable access to federally-funded transit facilities; and
encourages and rewards public-private partnerships when
building new rail transit systems.
Focuses on Formula Programs
The bill repeals discretionary programs that are
unpredictable and not transparent, and focuses available
funding on formula programs that provide stable and predictable
funding to states and local transit agencies. In addition, it
increases the percentage of available formula funds for transit
programs that benefit suburban and rural areas, and programs
that support transit services for the elderly, disabled, and
transit-dependent.
Streamlines and Simplifies
Under H.R. 7, three separate human service transportation
programs are consolidated into one. In addition, the bill
streamlines the New Starts and Small Starts competitive grant
program, cutting project development time in half.
Improves Transit Safety
The legislation strengthens the rail transit safety
oversight program without creating a new federal transit safety
bureaucracy.
Passenger and Freight Rail Transportation
Government can do more to effectively leverage federal
investments in freight and passenger rail infrastructure. The
American Energy and Infrastructure Jobs Act streamlines the
project delivery process, reduces regulatory burdens, and
promotes accountability and responsibility while maintaining
the highest commitment to rail safety.
Leveraging Federal Investments
H.R. 7 creates a faster and more predictable application
process for Rail Rehabilitation and Improvement Financing
(RRIF) loans. In addition, it increases access to the RRIF
program by providing more flexible loan terms.
Streamlining Project Delivery
The legislation expedites project review, which reduces
costs to project sponsors. Specifically, it increases
coordination among federal agencies and allows for review of
projects concurrently; creates greater certainty by
establishing hard deadlines for agency action and decisions;
delegates more decision-making authority to the states; and
expands classes of projects excluded from extensive
environmental review.
Reducing Regulatory Burdens
The bill increases the opportunity for the successful
implementation for Positive Train Control (PTC) by changing the
implementation deadline and allowing for technology neutral
solutions, while maintaining our commitment to safety. It also
improves the rulemaking process at the Federal Railroad
Administration to protect against overly-burdensome regulations
and red tape.
Reforming Amtrak
H.R. 7 places limits on Amtrak's use of federal funds to
focus it on providing better service. It cuts Amtrak's
operating subsidy by 25 percent in FY 2012 and 2013. In
addition, the bill clarifies the Amtrak Inspector General's
authority to protect federal funds against fraud, waste, and
abuse. Finally, it requires Amtrak's money-losing, poorly
managed food and beverage services to be competitively bid.
Promoting Accountability and Saving Money
The legislation eliminates the congestion grants set-aside
program in the Intercity Passenger Rail grants program,
currently authorized at $100 million per year in FY 2012 and
2013. It also terminates the Capital Grants program for Class
II and Class III Railroads, authorized at $50 million per year.
Hazardous Materials Transportation
The American Energy and Infrastructure Jobs Act advances
safety, efficiency, and accountability in the transportation of
hazardous materials and promotes the nation's economic health
through certainty and uniformity in the regulation of those
materials.
Promotes Regulatory Certainty and Transparency
H.R. 7 reforms the rulemaking process to be less burdensome
on industry and ensure that economic effects are properly taken
into account. The bill establishes regulatory certainty through
notice and comment rulemaking. It promotes efficiency by
incorporating safe special permits into regulations. Finally,
it requires a program review to improve the administration of
motor carrier permitting.
Creates Uniformity to Grow Business and the Economy
The legislation eliminates differing state requirements for
notification, enforcement, and permitting that hinder the free-
flow of commerce and do not increase safety levels. The bill
also establishes uniform training and enforcement among the
states; ensures the nation's expert on hazardous materials
transportation remains its international representative;
eliminates overlapping federal jurisdiction; and protects
economic growth by preempting unreasonable burdens on commerce.
Reduces Regulatory Burdens
The bill bans certain regulations whose cost-effectiveness
is unproven. It ensures that no new user fees will be imposed
on the industry, and that penalties are fairly imposed on those
entities responsible for violations. It also eliminates
unnecessary package inspections that burden commerce.
Promotes Accountability and Saves Money
H.R. 7 allows flexibility and requires accountability in
managing hazardous materials transportation grant programs. In
addition, it eliminates wasteful earmarks.
Waterborne Transportation
Waterborne trade at our nation's ports is vital to the
American economy, and millions of jobs throughout the country
are dependent upon the commercial shipping industry. The
American Energy and Infrastructure Jobs Act encourages funds
collected for the maintenance of our nation's harbors to be
invested for that purpose.
Calls for Dedicated Funds to Go to Infrastructure Programs
The Harbor Maintenance Trust Fund (HMTF) provides funds for
the United States Army Corps of Engineers (Corps) to carry out
the dredging of navigation channels to their authorized depths
and widths. The HMTF is based upon a user fee collected from
shippers that utilize the nation's coastal ports.
Unfortunately, we do not invest all of these fees back into
harbor maintenance. The FY 2011 HMTF equity grew 13.7% from FY
2010 to $6.42 billion. Total receipts increased 17.3% to $1.6
billion. Yet, only $791.4 million was expended by the Corps, a
decrease from FY 2010's $793 million. This legislation calls
for HMTF expenditures to be tied to revenues and spent for
harbor maintenance as intended.
Legislative History
On January 31, 2012, Chairman John L. Mica and Subcommittee
Chairman John J. Duncan, Jr. introduced H.R. 7, the American
Energy and Infrastructure Jobs Act of 2012. On February 2,
2012, the Committee on Transportation and Infrastructure met in
open session to consider the bill. During the Committee's
consideration of the bill the following actions were taken:
The following motion was defeated by recorded vote:
A motion offered by Mr. Rahall to table the bill.
The following amendments were approved by recorded vote:
An amendment offered by Mr. Mica designated 088 was
approved by recorded vote, after being amended by voice vote by
an amendment offered by Mr. Defazio to strike a provision
requiring a public referendum be held to approve the financing
mechanism for certain transit new start projects;
An amendment offered by Mr. Barletta designated 024; and
An amendment offered by Mr. Denham designated 041.
The following amendments were approved by voice vote:
An amendment offered by Mr. Graves designated 057;
An amendment offered by Ms. Richardson designated 091;
An amendment offered by Ms. Brown (for Mr. Sires)
designated Sires Amendment 014;
An amendment offered by Mr. Cohen designated 071;
An amendment offered by Mr. Cravaack designated 033;
An amendment offered by Mr. Shuler designated 005;
An amendment offered by Mr. Rahall designated 032;
An amendment offered by Mr. Bucshon designated 009;
An amendment offered by Mr. Cravaack designated 034;
An amendment offered by Mr. Boswell designated 027;
An amendment offered by Mr. Carnahan designated 054;
An amendment offered by Mr. Landry designated 063;
An amendment offered by Ms. Richardson designated 085;
An amendment offered by Mr. Defazio designated 065;
An amendment offered by Mr. Defazio (modified) designated
067;
An amendment offered by Ms. Brown designated 029 was
approved by voice vote, after being amended by an amendment
offered by Mr. Mica regarding compliance with court orders,
which was also approved by voice vote; and
An amendment offered by Mr. Carnahan designated 058 was
approved by voice vote, after being amended by an amendment
offered by Mr. Mica designated 087, which was also approved by
voice vote.
The following amendments were approved en bloc by unanimous consent:
An amendment by Ms. Richardson designated 086;
An amendment by Mr. Carnahan designated 052;
An amendment by Mr. Cohen designated 072;
An amendment by Mr. Lipinski designated 049; and
An amendment by Mr. Capuano designated 029.
The following amendments were approved en bloc by unanimous consent:
An amendment by Mr. Lipinski designated 046;
An amendment by Mr. Altmire designated 011;
and An amendment by Ms. Norton designated 105.
The following amendments were defeated by recorded vote:
An amendment offered by Mr. Cummings, Ms. Johnson, Ms.
Brown, Ms. Norton, and Ms. Edwards designated 042;
An amendment offered by Mr. Petri, Mr. T. Johnson, and Mr.
Lipinski designated 019;
An amendment offered by Mr. Rahall designated 031;
An amendment offered by Mr. Defazio designated 064;
An amendment offered by Mr. Capuano and Mr. Nadler
designated 025;
An amendment offered by Mr. Carnahan designated 051;
An amendment offered by Ms. Napolitano designated 010;
An amendment offered by Ms. Brown designated 021;
An amendment offered by Ms. Edwards designated 018;
An amendment offered by Mr. Carnahan designated 060;
An amendment offered by Mr. Nadler designated 106; and
An amendment offered by Mr. Farenthold designated 014.
The following amendments were defeated by voice vote:
An amendment offered by Mr. Capuano designated 028;
An amendment offered by Ms. Edwards designated 021;
An amendment offered by Ms. Richardson amending section
1108;
An amendment offered by Ms. Richardson designated 087;
An amendment offered by Mr. Cohen (for Mr. Sires)
designated as Sires Amendment 012;
An amendment to the Cravaack Amendment 034 offered by Mr.
Rahall regarding Federal-aid Highways Buy America provisions;
An amendment offered by Ms. Norton designated 103;
An amendment offered by Mr. Cummings designated 046;
An amendment offered by Ms. Richardson regarding the
prevention of unreasonable fees;
An amendment offered by Ms. Richardson designated 095;
An amendment offered by Mr. Carnahan designated 055;
An amendment offered by Mr. G. Miller designated 031;
An amendment offered by Mr. Lipinski designated 052;
An amendment offered by Mr. Nadler designated 094;
An amendment offered by Ms. Edwards designated 004;
An amendment offered by Mr. Cohen designated 074;
An amendment offered by Mr. Crawford regarding the
transportation of horses;
An amendment offered by Ms. Brown designated 017;
An amendment offered by Mr. Nadler designated 097;
An amendment offered by Mrs. Napolitano (modified)
regarding Harbor Maintenance Trust Fund expenditures;
An amendment offered by Mr. Nadler designated 093;
An amendment offered by Ms. Richardson regarding the Harbor
Maintenance Trust Fund;
An amendment offered by Ms. Richardson designated 094;
An amendment offered by Ms. Hirono designated 052;
An amendment offered by Ms. Hirono designated 050;
An amendment offered by Ms. Hirono designated 051;
An amendment offered by Ms. Richardson designated 098;
An amendment offered by Mr. Carnahan designated 057;
An amendment offered by Ms. Edwards designated 022; and
An amendment to the Edwards Amendment 022 offered by Ms.
Johnson to strike ``shall'' and insert ``may''.
The following amendments were offered en bloc and defeated by voice
vote:
An amendment by Mr. Bishop designated 005;
An amendment by Mr. Bishop designated 006; and
An amendment by Mr. Bishop designated 007.
The following amendments were offered en bloc and defeated by unanimous
consent:
An amendment by Ms. Brown designated 026; and
An amendment by Ms. Brown designated 031.
The following amendments were withdrawn:
An amendment by Ms. Richardson designated 093;
An amendment by Mr. Lipinski designated 050;
An amendment by Mr. Farenthold designated 014;
An amendment by Ms. Edwards designated 019;
An amendment by Ms. Edwards designated 020;
An amendment by Ms. Edwards designated 003;
An amendment by Ms. Richardson regarding streamlining
environmental reviews;
An amendment by Mr. Capuano designated 024;
An amendment by Mr. DeFazio designated 066;
An amendment by Mr. Lipinski designated 051;
An amendment by Ms. Brown designated 028;
An amendment by Mr. Bishop designated 075;
An amendment by Mr. Cohen, Ms. Edwards, and Ms. Richardson
designated 070;
An amendment by Mr. Carnahan designated 056;
An amendment by Mr. Bishop designated 076;
An amendment by Mr. Bishop designated 070;
An amendment by Mr. Nadler designated 102;
An amendment by Ms. Johnson designated 048;
An amendment by Mr. DeFazio designated 059;
An amendment by Mr. DeFazio designated 069;
An amendment by Mr. Boswell designated 028; and
An amendment by Mr. Boswell designated 878.
The following amendments were not offered:
An amendment by Ms. Richardson designated 096.
Hearings
The Committee on Transportation and Infrastructure held
five field hearings on surface transportation reauthorization
as follows: (1) on February 14, 2011, in Beckley, WV; (2) on
February 19, 2011, in Columbus, OH; (3) on February 23, 2011,
in Los Angeles, CA; (4) on February 24, 2011, in Oklahoma City,
OK; and (5) on March 14, 2011, in Maitland, FL. In addition,
the Full Committee held a legislative hearing on motorcoach
safety on June 13, 2011.
In addition to the listed hearings and in order to gather
specific policy proposals for reauthorization of the federal
surface transportation programs, the Committee, pursuant to the
belief that the best ideas come from outside of Washington,
D.C., and that state and local governments know their needs
best, held multiple listening sessions across the country as
follows: (1) on February 14, 2011, in Charleston, WV; (2) on
February 19, 2011, in Indianapolis, IN; (3) on February 20,
2011, in Dupage, IL; (4) on February 21, 2011, in Vancouver,
WA; (5) on February 22, 2011, in Fresno, CA; (6) on February
24, 2011, in Jonesboro, AR; (7) on February 25, 2011, in
Millington, TN; (8) on March 24, 2011, in Rochester, NY; (9) on
March 24, 2011, in Cortland, NY; (10) on March 25, 2011, in
Scranton, PA; and (11) on March 25, 2011, in King of Prussia,
PA.
The Subcommittee on Highways and Transit held four
legislative hearings as follows: (1) on February 15, 2011, a
hearing was held to receive testimony related to improving the
existing laws and regulations governing project delivery in
order to accelerate the delivery process for surface
transportation projects and save the American taxpayer money;
(2) on March 29, 2011 and March 30, 2011, a two-day hearing was
held to receive testimony from the surface transportation
community regarding reauthorization issues; (3) on April 5,
2011, a hearing was held to receive testimony from Members of
Congress regarding surface transportation reauthorization; and
(4) on October 12, 2011, a hearing was held to examine the
administration's infrastructure bank proposal.
The Subcommittee on Railroads, Pipelines, and Hazardous
Materials held five legislative hearings as follows: (1) on
February 17, 2011, a hearing was held to receive testimony on
the Railroad Rehabilitation and Improvement Financing Program;
(2) on March 11, 2011, a hearing was held to receive testimony
regarding intercity passenger rail; (3) March 17, 2011, a
hearing was held to receive testimony regarding implementation
of the Rail Safety Improvement Act and Positive Train Control
Systems; (4) on April 7, 2011, a hearing was held to receive
testimony regarding reducing the regulatory burdens in railroad
and hazardous materials transportation programs; and (5) on
April 12, 2011, a hearing was held to receive testimony
regarding reauthorization of the hazardous materials
transportation programs of the Pipeline and Hazardous Materials
Safety Administration.
The Subcommittee on Water Resources and Environment held
two legislative hearings as follows: (1) on July 8, 2011, a
hearing was held to receive testimony on H.R. 104, the Realize
America's Maritime Promise Act; and (2) on October 26, 2011, a
hearing was held to receive testimony regarding the economic
importance of seaports.
Committee Consideration
On February 2, 2012, the Committee met in open session and
ordered the bill, as amended, favorably reported to the House
by roll call vote with a quorum present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were 17 record votes taken during the Committee's consideration
of H.R. 7.
The first record vote was on a motion to table the bill
offered by Mr. Rahall.
The next 15 record votes were on amendments offered by: Mr.
Mica; Mr. Barletta; Mr. Denham; Mr. Cummings, Ms. Johnson, Ms.
Brown, Ms. Norton, and Ms. Edwards; Mr. Petri, Mr. T. Johnson,
and Mr. Lipinski; Mr. Rahall; Mr. DeFazio; Mr. Capuano and Mr.
Nadler; Mr. Carnahan (who offered two amendments); Mrs.
Napolitano; Ms. Brown; Ms. Edwards; Mr. Nadler; and Mr.
Farenthold.
The last record vote was on a motion offered by Mr. Duncan
to report the bill as amended to the House with a favorable
recommendation. The bill, as amended, was reported to the House
with a favorable recommendation after a record vote which was
disposed of as follows:
The Committee disposed of the following amendments by
record vote:
The Committee disposed of the motion to table by record
vote:
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 7, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 9, 2012.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 7, the American
Energy and Infrastructure Jobs Act of 2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 7--American Energy and Infrastructure Jobs Act of 2012
Summary: H.R. 7 would extend the authority for the surface
transportation programs administered by the Federal-Aid Highway
Administration (FHWA), the Federal Transit Administration
(FTA), the National Highway Traffic Safety Administration
(NHTSA), the Federal Motor Carrier Safety Administration
(FMCSA), and certain programs administered by the Federal Rail
Administration (FRA).
CBO estimates that enacting the bill would provide total
contract authority (the authority to incur obligations in
advance of appropriation acts) of $228 billion over the 2012-
2016 period. Contract authority is a form of budget authority;
the use of that authority for transportation programs has
traditionally been controlled by provisions in appropriation
acts that limit the amount of contract authority that may be
obligated (those provisions are known as obligation
limitations). Consistent with the rules in the Balanced Budget
and Emergency Deficit Control Act for constructing its baseline
of future contract authority for transportation programs, CBO
assumes that the contract authority provided by the bill for
2016, the last year of the authorization, would continue at the
same rate in each of the following years. Using that
assumption, CBO estimates that enacting the bill would result
in baseline contract authority of $560 billion over the 2012-
2022 period. Relative to the amounts of contract authority for
surface transportation programs currently projected in CBO's
baseline, that funding level represents an increase of $7
billion for the 2012-2017 period and $15.3 billion over the
2012-2022 period.\1\
---------------------------------------------------------------------------
\1\The Surface and Air Transportation Programs Extension Act of
2011 (Public Law 112-30) provided about $25 billion in contract
authority for programs funded by HR. 7 through March 31, 2012.
Following baseline construction rules, CBO assumes that this funding
would continue at the same rate for the remainder of fiscal year 2012.
H.R. 7 would also provide $25 billion for the second half of fiscal
year 2012. As a result, contract authority provided by the bill for
2012 would not increase compared to CBO's baseline.
---------------------------------------------------------------------------
H.R. 7 would expand federal credit programs administered by
the Department of Transportation (DOT) that provide direct
loans and loan guarantees. CBO estimates the changes to those
programs authorized by the bill would increase direct spending
by $110 million over the 2012-2017 period and by $300 million
over the 2012-2022 period; therefore, pay-as-you-go procedures
apply.
Enacting H.R. 7 could result in the collection of
additional civil penalties because it would increase the amount
that DOT could impose for violating certain motor carrier and
hazardous materials safety regulations. Penalties are recorded
in the budget as revenues and deposited in the U.S. Treasury.
CBO estimates that any additional penalty collections under the
bill would be insignificant.
For this estimate, CBO assumes that most spending for the
surface transportation program will continue to be controlled
by obligation limitations set in appropriation acts. The
obligation limitations for 2012 were enacted in the
Consolidated and Further Continuing Appropriations Act, 2012
(Public Law 112-55). H.R. 7 would not amend the obligation
limitations that have already been enacted for 2012. The bill
would authorize obligation limitations totaling $202 billion
over the 2013-2016 period.
The bill also would authorize appropriations of $8.4
billion for other surface transportation programs administered
by DOT, including transit, rail, and hazardous materials
programs. Assuming appropriation of the estimated obligation
limitation for 2013-2016, the other amounts specified in the
legislation, and amounts estimated to be necessary, CBO
estimates that implementing the bill would add $170 billion in
discretionary costs over the 2012-2017 period.
CBO has determined that the nontax provisions of H.R. 7
contain intergovernmental and private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA) on
manufacturers, owners, and operators of motorcoaches and on
driving schools. The bill would impose additional
intergovernmental mandates on states and would preempt state,
local, and tribal laws. The bill also would impose private-
sector mandates on owners and operators of commercial vehicles,
brokers for motor carriers, coordinators of freight shipments,
and other private entities. Because of uncertainty about the
number of entities affected and the scope of future
regulations--particularly those governing motorcoach safety--
CBO cannot determine whether the aggregate cost of the mandates
in the bill would exceed the annual thresholds established in
UMRA for intergovernmental or private-sector mandates ($73
million and $146 million in 2012, respectively, adjusted
annually for inflation).
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 7 is shown in the following table. The
costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2012-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
DOT Contract Authority
Budget Authoritya.......................... 0 1,035 1,290 1,345 1,665 1,665 7,000
Estimated Outlays.......................... 0 0 0 0 0 0 0
Expansion of DOT Loan and Loan Guarantee
Programsb
Estimated Budget Authority................. 0 22 22 22 22 32 120
Estimated Outlays.......................... 0 15 20 21 22 32 110
Total Changes..............................
Estimated Budget Authority............. 0 1,057 1,312 1,367 1,687 1,697 7,120
Estimated Outlays...................... 0 15 20 21 22 32 110
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Spending from the Highway Trust Fund
Estimated Obligation Limitation\c\......... 0 50,124 50,379 50,434 50,758 0 201,695
Estimated Outlays.......................... 0 12,551 32,196 40,161 43,807 35,568 164,283
Federal Transit Administration
Authorization Level........................ 0 2,098 2,098 2,098 2,098 0 8,392
Estimated Outlays.......................... 0 329 885 1,295 1,589 1,494 5,592
Bridge and Tunnel Inspection
Estimated Authorization Level.............. 0 15 15 0 0 0 30
Estimated Outlays.......................... 0 2 8 10 5 3 28
Other Authorized Programs
Authorization Level........................ 0 90 39 39 39 0 207
Estimated Outlays.......................... 0 37 60 47 42 10 196
Total Changes
Estimated Budgetary Resources.......... 0 52,327 52,531 52,571 52,895 0 210,324
Estimated Outlays...................... 0 12,919 33,149 41,513 45,443 37,075 170,099
----------------------------------------------------------------------------------------------------------------
Notes: DOT = Department of Transportation.
aCBO estimates that H.R. 7 would increase budget authority by $15.3 billion above the amounts assumed in CBO's
baseline for surface transportation programs over the 2012-2022 period.
bCBO estimates that expanding DOT's loan programs would cost $300 million over the 2012-2022 period.
cEstimated discretionary outlays reflect use of funds under the 2013-2016 obligation limitations estimated by
CBO. (Outlays stemming from additional contract authority for years after 2016 would be authorized in future
legislation.)
Basis of Estimate: For this estimate, CBO assumes that H.R.
7 will be enacted before the current authorization for surface
transportation programs expires on March 31, 2012, that the
authorized and necessary amounts will be provided for each year
in appropriation acts, and that outlays will follow the
historical rate of spending for transportation programs.
Direct spending
Department of Transportation Contract Authority. H.R. 7
would increase the amount of budget authority (in the form of
contract authority) that is projected in CBO's baseline to be
available for DOT's surface transportation programs over the
2012-2022 period. Because spending of the contract authority
for transportation programs is expected to be controlled by
provisions in future appropriation acts, there would be no
impact on direct spending expenditures from this provision.
Over the 2012-2016 period, H.R. 7 would provide $228
billion in contract authority for the following programs:
$185 billion for programs administered by
FHWA;
$38 billion for programs administered by
FTA;
$3 billion for programs administered by
NHTSA; and
$2 billion for programs administered by
FMCSA.
About $25 billion in contract authority has already been
provided through March 31, 2012. H.R. 7 would continue funding
surface transportation programs at the same rate for the rest
of the year. That level is consistent with the assumption in
CBO's baseline that contract authority provided for part of a
year continues at the same rate for the full year.
Consistent with the rules in the Balanced Budget and
Emergency Deficit Control Act for constructing the baseline,
CBO assumes that contract authority provided by the bill for
2016 ($51.2 billion), the last year of the authorization, would
continue at the same level in each of the following years.
Using that assumption, CBO estimates that enacting the bill
would result in baseline contract authority totaling about $560
billion over the 2012-2022 period. That funding level
represents an increase in budget authority of $7 billion over
the 2012-2017 period and $15.3 billion over the 2012-2022
period above the amounts of contract authority for surface
transportation programs currently projected in CBO's baseline.
Expansion of DOT Loan and Loan Guarantee Programs. H.R. 7
would amend and expand two loan and loan guarantee programs
within the DOT: the Transportation Infrastructure Finance and
Innovation Program (TIFIA) provides credit assistance for
certain large transportation projects and the Railroad
Rehabilitation and Improvement Financing (RRIF) Program
provides loans to develop railroad infrastructure. CBO
estimates that those provisions would increase direct spending
by $110 million over the 2012-2017 period and $300 million over
the 2012-2022 period.
The budgetary treatment of the TIFIA and RRIF programs is
governed by the Federal Credit Reform Act (FCRA) of 1990, which
requires an appropriation to cover the subsidy and
administrative costs associated with federal direct loans and
loan guarantees. The subsidy cost is the estimated long-term
cost to the government of a loan or loan guarantee, calculated
on a net-present-value basis, excluding administrative costs.
Administrative costs, which are recorded on a cash basis,
include activities related to making, servicing, and
liquidating loans as well as overseeing the performance of
lenders when a federal guarantee of a private loan is made.
TIFIA Expansion. In recent years, TIFIA loans have had an
average estimated subsidy rate of about 10 percent. That rate
reflects the risk that such transportation projects may default
on a loan from the government. (The subsidy rate of a federal
loan reflects the subsidy cost for each dollar of the face
value of the loan. For example, a $10 million TIFIA loan with
an estimated 10 percent subsidy rate would have a cost in the
federal budget of $1 million in the year that the loan is
made.)
H.R. 7 would:
Provide budget authority of $1 billion per
year over the 2013-2016 period (in the form of contract
authority) to pay for the subsidy cost of TIFIA loans
and guarantees;
Increase the share of total project costs
that TIFIA loans and guarantees can cover from 33
percent to 49 percent;
Under certain conditions, authorize
prospective borrowers to pay DOT an amount equivalent
to the estimated subsidy cost of their approved TIFIA
loan or guarantee. (This authority is referred to here
as a borrower-financed credit subsidy.)
If no funds were provided for TIFIA or if the funds
authorized by H.R. 7 were fully obligated, section 1201 would
authorize DOT to accept payments from transportation project
sponsors that are equivalent to the estimated federal subsidy
cost of those loans or guarantees. CBO estimates that enacting
those provisions would increase direct spending by $90 million
over the 2017-2022 period, when we expect that the funds
appropriated by the bill for subsidy costs would be fully
obligated. That amount reflects our estimate of the future
demand for TIFIA loans and our view that borrower-financed
credit subsidies are likely to result in a net cost to the
government.\2\
---------------------------------------------------------------------------
\2\The types of transportation projects supported by TIFIA loans
involve significant construction and operations risk. Typically,
private loans are available for either the construction period or the
operational phase of the project. TIFIA provides one loan for both
components, thus reducing the cost of capital for transportation
projects and possibly improving a project's financial viability.
However, if a borrower pays the subsidy cost of a TIFIA loan or
guarantee, that added cost, which would otherwise be borne by the
government, would contribute to a reduction in the creditworthiness of
the project. Because many projects backed by TIFIA would not be
financially feasible without a federal credit subsidy, there is a
practical limit to the amount of additional cost (in the form of
subsidies) that such projects could bear without significantly
increasing the risk that the borrower will default.
---------------------------------------------------------------------------
CBO expects that, under H.R. 7, the demand for TIFIA credit
assistance would increase. In both 2010 and 2011, TIFIA
received loan applications that had a face value of more than
$8 billion. Those projects requested federal loans that would
cover, on average, about 30 percent of total project costs
(almost the maximum allowed under current law). Because of
budget constraints, DOT was able to provide loans and
guarantees for less than 10 percent of the requested loan
volume at an estimated subsidy cost of about $100 million per
year. As a result, there remains a significant backlog of
proposed projects that are probably qualified to receive a
TIFIA loan.
Because of provisions in the bill that would authorize
TIFIA to provide loans to cover up to 49 percent of project
costs, CBO expects that most individual loan requests would
probably be larger under H.R. 7 than under current law. Based
on information from DOT and project financing experts, we
estimate that the face value of loans funded through the TIFIA
program could reach $5 billion per year during the 2013-2016
period and total $1 billion to $2 billion per year in 2017 and
subsequent years as new projects are developed and built.
In any year that the TIFIA program has insufficient budget
authority to provide credit subsidies, H.R. 7 would authorize
DOT to accept payments from TIFIA borrowers equal to the
estimated subsidy cost of their loans. CBO expects that this
provision would be used by DOT and borrowers to issue direct
loans with a value between $1 billion to $2 billion each year
over the 2017-2022 period after the amounts provided in H.R. 7
have been fully obligated.
CBO expects that prospective TIFIA borrowers considering
whether to pay the subsidy costs of the federal credit backing
they seek would generally refuse to implement projects if they
conclude that the subsidy cost was too great. However, those
prospective TIFIA borrowers would tend to obtain federal credit
backing if they conclude that the subsidy cost of TIFIA credit
is not too high. CBO expects that this sets up an asymmetry in
the characteristics of projects that proceed with borrower-
financed credit subsidies, which would create a situation where
the TIFIA loan portfolio would have more projects where the
subsidy cost paid by borrowers is less than the cost to the
government as calculated under FCRA. CBO estimates that the
subsidy cost charged to borrowers under this provision would,
on average, be about 1 percent lower than the likely cost of
the federal loan or loan guarantee. Applying that 1 percent
subsidy rate to our estimate of the average annual demand for
credit assistance from TIFIA of between $1 billion and $2
billion from 2017-2022 results in our estimate that enacting
this provision would cost $90 million.
RRIF Program Expansion. Under the RRIF program, the FRA
provides direct loans and loan guarantees to develop railroad
infrastructure. The cost of RRIF loans are calculated under
FCRA, and borrowers pay fees up front to offset the estimated
subsidy cost. (In recent years, RRIF loans have had an average
subsidy rate of about 5 percent.) Subtitle D of title VIII
would change how FRA accounts for the value of certain
collateral railroads offer to obtain RRIF loans.\3\ CBO expects
that this change would result in DOT assigning a higher value
to that collateral than it otherwise would, making RRIF loans
more appealing to borrowers and thus increasing the demand for
RRIF loans. According to the FRA, this required change in the
method used to value this type of collateral would likely
underestimate the subsidy rate of the loans. CBO estimates that
underestimating would reduce the subsidy rate on RRIF loans by
about 5 percent. Further, CBO expects the RRIF program to
operate at a net cost to the government over time because the
program requires DOT to refund the fees collected from the
borrower when a loan was issued if the borrower has not
defaulted. However, the government is not authorized to collect
additional money if the borrower fees do not fully cover the
subsidy cost of the loan.
---------------------------------------------------------------------------
\3\The bill would require FRA to value collateral offered to secure
loans at 100 percent of the liquidated asset value and would require
that for loans offered to railroads installing positive train control
systems--a type of safety technology--FRA would include the total cost
of labor and materials as the value of that collateral. Under current
practice and to accurately reflect the potential cash flows to and from
the government (in accordance with FCRA), FRA discounts the value of
collateral that railroads offer because the value of the asset
depreciates over time. Also, the government may have to wait to be able
to liquidate the asset, delaying the cash flow into the Treasury, and
reducing the net present value of any transaction. In the case of
positive train control, the government would at no point be able to
recoup any costs that the railroad incurred for labor.
---------------------------------------------------------------------------
Increasing the estimated value of certain collateral for
RRIF loans would increase the perceived creditworthiness of
projects, in turn lowering the apparent subsidy rate for loans
under the program and thereby the fees charged to borrowers.
With lower fees, CBO expects demand for RRIF loans to grow--
from a historical loan volume of $200 million per year to about
$400 million annually. That expansion would increase costs for
the RRIF program from both the asymmetrical selection of
projects and provisions in the bill mandating how DOT should
value certain loan collateral. CBO estimates that enacting
those provisions would increase direct spending by $210 million
over the 2013-2022 period.
Spending subject to appropriation
Subject to appropriation of the specified and necessary
amounts, CBO estimates that implementing H.R. 7 would have
discretionary costs of $170 billion over the 2012-2017 period.
Spending from the Highway Trust Fund. CBO expects that the
contract authority provided in the bill would be controlled by
limitations on obligations set in annual appropriation acts.
CBO estimates that H.R. 7 would authorize total obligation
limitations of $202 billion over the 2013-2016 period,
including $163 billion for programs administered by FHWA and
about $34 billion for programs administered by FTA. While this
bill would not authorize an obligation limitation level for
programs administered by NHTSA or FMCSA, CBO's estimate of
discretionary spending under this legislation assumes
obligation limitations that are equal to the contract authority
provided in the bill for programs administered by those
agencies--$5 billion. (Historically the Congress has set
obligation limitations at or near such levels.) For this
estimate, CBO did not project this discretionary authority past
fiscal year 2016, the end of the authorization period covered
by the legislation. Because the 2012 obligation limitation has
already been enacted, CBO's estimate of the costs of the bill
include the amounts authorized for 2013-2016. CBO estimates
that implementing those provisions would cost $164 billion over
the 2013-2017 period.
Federal Transit Administration. H.R. 7 would authorize the
appropriation of about $2.1 billion a year over the 2013-2016
period. Those amounts could be used for: grants to state and
local governments to construct new transit systems that use
dedicated or controlled rights-of-way (such as subways or light
rail lines) including costs to develop corridors to support
such systems; programs to carry out research, outreach, and
technical assistance; and administrative costs for the FTA.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing those provisions would cost about $5.6
billion over the 2012-2017 period.
Bridge and Tunnel Inspection. Section 1114 would expand the
detail and scope of the current national bridge inspection
program and require safety inspections of tunnels. Implementing
this provision would increase the frequency of inspections of
federally owned bridges and would add to the training that
inspectors of those bridges need in order to perform this work.
Current regulations require that federal agencies that own and
operate bridges on public roads comply with all safety
requirements under DOT's bridge program. There are about 9,000
such bridges nationwide, mostly owned by the Departments of
Agriculture, Defense, and the Interior. Based on information
from DOT, CBO estimates that implementing this provision would
cost $28 million over the 2012-2017 period, assuming
appropriation of the necessary amounts.
Other Authorized Programs. H.R. 7 also would authorize the
appropriation of $157 million over the 2012-2016 period for
grants to emergency responders for training and planning
activities related to the transportation of hazardous
materials. It would also authorize the appropriation of $50
million, in 2013, to cover the cost of providing certain RRIF
program loans to install safety equipment. CBO estimates that
enacting those provisions would cost $196 million over the
2012-2017 period.
Revenues
Enacting H.R. 7 could result in the collection of
additional civil penalties because it would increase the amount
of such penalties that DOT could impose for violating certain
safety regulations affecting motor carriers. The bill would
also create new civil penalties for violating FMCSA
regulations. Penalties are recorded in the federal budget as
revenues and deposited in the U.S. Treasury. CBO estimates that
any additional collections under the bill would be
insignificant.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 7, THE AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE ON FEBRUARY 2, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012-2017 2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 15 20 21 22 32 32 32 42 42 42 110 300
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: CBO has
determined that the nontax provisions of H.R. 7 contain
intergovernmental and private-sector mandates as defined in
UMRA by imposing new safety standards on manufacturers, owners,
and operators of motorcoaches and new standards for schools
that offer training for operators of commercial motor vehicles.
The bill would impose additional intergovernmental mandates on
states and would preempt state, local, and tribal laws and
regulations governing safety standards for motorcoaches, the
transportation of hazardous and radioactive materials, and the
ability of some state and local governments to hear some
environmental cases. H.R. 7 also would impose several new
private-sector mandates. For example, employers would be
charged a fee for complying with the requirement to check the
records of certain employees through FMCSA's clearinghouse
concerning alcohol and drug use. Manufacturers, owners, and
operators of agricultural equipment would have to comply with
new safety standards. Freight forwarders and brokers would have
to comply with new registration requirements, and meet a higher
minimum threshold of financial responsibility. The bill also
would impose mandates on Amtrak, owners and operators of motor
vehicles transporting radioactive materials and other entities.
Because of uncertainty about the number of entities
affected and the scope of future regulations--particularly
those governing motorcoach safety--CB0 cannot determine whether
the aggregate cost of the mandates in the bill would exceed the
annual thresholds established in UMRA for intergovernmental or
private-sector mandates ($73 million and $146 million in 2012,
respectively, adjusted annually for inflation).
Previous CBO estimates: CBO provided cost estimates for
several bills that were ordered reported by the Senate
Committee on Commerce, Science, and Transportation on December
14, 2011: S. 1449, the Motor Vehicle and Highway Safety
Improvement Act of 2011; S. 1950, the Commercial Motor Vehicle
Safety Enhancement Act of 2011; S. 1952, the Hazardous
Materials Transportation Safety Improvement Act of 2011; and S.
1953, the Research and Innovative Technology Administration
(RITA) Reauthorization Act of 2011. CBO also provided cost
estimates for: S. 1813, the Moving Ahead for Progress in the
21st Century Act, as ordered reported by the Senate Committee
on Environment and Public Works on November 9, 2011, with
language provided to CBO on February 2, 2012; and the Federal
Public Transportation Act of 2012 as ordered reported by the
Senate Committee on Banking on February 2, 2012. Those bills
would reauthorize programs administered by NHTSA, FMCSA, the
Pipelines and Hazardous Materials Administration, RITA, FHWA,
and FTA, respectively. Among other things, the Senate bills
would reauthorize the DOT programs only through 2013, while
H.R. 7 would reauthorize them through 2016. The CBO cost
estimates reflect those differences.
Estimate prepared by: Federal Costs: Sarah Puro--FHWA,
NHTSA, FMCSA, and FRA Programs Susan Willie--Transit Programs;
Impact on State, Local, and Tribal Governments: Ryan Miller;
Impact on the Private Sector: Vi Nyguyen.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 7 is intended to streamline
surface transportation programs, expedite project review and
delivery, increase private sector participation in building
transportation infrastructure, provide long-term, stable
funding for surface transportation programs through FY 2016,
and improve transportation safety.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 7 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following describes the bill as reported by the
Committee.
Sec. 1. Short title
This section provides the short title and table of
contents.
Sec. 2. General definitions
This section provides the general definitions.
Sec. 3. Effective date
This section provides that Titles I through VII of this
Act, including amendments made by those titles, shall take
effect on October 1, 2012.
TITLE I--FEDERAL-AID HIGHWAYS
Sec. 1001. Amendments to title 23, United States Code
This section states that amendments or repeals referenced
in this title are made to title 23, United States Code.
Subtitle A--Authorization of Programs
Sec. 1101. Authorization of appropriations
Subsection (a) authorizes funding levels for the following
programs to be appropriated out of the Highway Trust Fund
(other than the Alternative Transportation Account) for each of
fiscal years 2013 through 2016:
National Highway System Program
Surface Transportation Program
Highway Safety Improvement Program
Tribal Transportation Program
Federal Lands Transportation Programs
Recreational Trails Program
Appalachian Development Highway System
Program
Subsection (b) authorizes the following programs to be
funded out of the Alternative Transportation Account of the
Highway Trust Fund for each of fiscal years 2013 through 2016:
Congestion Mitigation and Air Quality
Improvement Program
Ferry Boat and Ferry Terminal Facilities
Program
Puerto Rico Highway Program
Territorial Highway Program
Subsection (c) defines the term ``small business concern''
of Disadvantaged Business Enterprises pursuant to section 3 of
the Small Business Act. The term excludes a socially and
economically disadvantaged individual or individuals that have
average annual gross receipts during the preceding 3 fiscal
years in excess of $22,410,000. Small business concerns will
receive no less than 10 percent of the amounts made available
for any program under title I, II, and III of this Act and 23
U.S.C. Sec. 403.
Sec. 1102. Highway obligation ceiling
Subsection (a) sets the obligation limitation for all
federal-aid highway contract authority programs authorized to
be appropriated out of the Highway Trust Fund (other than the
Alternative Transportation Account). The obligations for these
programs shall not exceed--
$37,366,000,000 for fiscal year 2013;
$37,621,000,000 for fiscal year 2014;
$37,676,000,000 for fiscal year 2015;
$38,000,000,000 for fiscal year 2016.
Subsection (b) lists the programs that do not apply to the
exceptions under subsection (a).
Subsection (c) sets the guidelines the Secretary must
follow when distributing obligation authority.
Subsection (d) directs the Secretary to redistribute unused
obligation authority each fiscal year.
Subsection (e) requires the Secretary to distribute to the
states any funds that are authorized to be appropriated for the
fiscal year towards federal-aid highway programs and what will
not be allocated to the states due to any obligation limitation
for the fiscal year. Funds distributed under paragraph (1) will
use the same ratio as subsection (c)(4) and are available for
any purpose described in 23 U.S.C. Sec. 133(b).
Subsection (f) requires obligation authority distributed
for a fiscal year under subsection (c)(3) to remain available
until used by the eligible entity and be in addition to the
amount of any limitation imposed on obligations for federal-aid
highway contract authority programs for future fiscal years.
Sec. 1103. Alternative Transportation Account obligation ceiling
Subsection (a) directs that the total obligations from
amounts made available from the Alternative Transportation
Account of the Highway Trust Fund for the programs which sums
are authorized to be appropriated under sections 1101(b) and
7001 of this Act shall not exceed $2,707,000,000 for each of
fiscal years 2013 through 2016. The $2.707 billion obligation
ceiling in this section is inclusive of the $440 million
obligation ceiling in section 7002 of this Act.
Subsection (b) amends 23 U.S.C. Sec. 118(a) to clarify that
programs funded out of the Alternative Transportation Account
are contract authority programs.
Sec. 1104. Apportionment
This section amends 23 U.S.C. Sec. 104.
Subsection (a) authorizes $400,000,000 towards
administrative expenses of the Federal Highway Administration
(FHWA) for each of fiscal years 2013 through 2016. This sum
includes funds for the Appalachian Regional Commission to cover
the administrative activities of the Appalachian development
highway system.
Subsection (b) requires the Secretary to distribute the
remainder of the sums authorized for expenditure on the
National Highway System program, the congestion mitigation and
air quality improvement program, the surface transportation
program, and the highway safety improvement program to eligible
states through specified formulas.
Subsection (c) requires the Secretary to calculate the deck
area for highway bridges on the National Highway System that
are eligible for replacement and rehabilitation.
Subsection (d) directs the Secretary to certify to each of
the state transportation departments the sums apportioned them
by October 1 of each fiscal year.
Subsection (e) requires annual audits of financial
statements of the Highway Trust Fund to be conducted by the
Office of Inspector General of the Department of
Transportation.
Subsection (f) directs the Secretary to set-aside 1.15
percent of the funds authorized to be appropriated for the
National Highway System program and surface transportation
program each fiscal year to carry out the metropolitan planning
requirements of 49 U.S.C. Sec. 5203. The funds set aside under
this subsection are apportioned to the states in the ratio
which the population in the urbanized areas in each state bears
to the total population in such urbanized areas in all the
states. No state shall receive less than \1/2\ of 1 percent of
the amount apportioned. States must make the set aside amounts
under this subsection available to the metropolitan planning
organizations of their state in order to carry out 49 U.S.C.
Sec. 5203. States that receive the minimum apportionment may
use their funds to finance transportation planning outside of
urbanized areas, subject to the approval of the Secretary. Any
unused funds for 49 U.S.C. Sec. 5203 may be used to fund
activities for section 5204 of such title. The distribution of
planning funds under paragraph (3) within any state must be in
accordance with a formula developed by each state and approved
by the Secretary.
Subsection (g) requires the Secretary to submit a report to
Congress detailing for each state the amount obligated for
federal-aid highways and highway safety construction programs,
and for other purposes.
Subsection (h) allows funds made available for transit
projects or transportation planning under this title to be
transferred to and administered by the Secretary in accordance
with chapter 53 of title 49. Paragraph (3) allows the Secretary
to transfer funds apportioned or allocated under this title to
the state, to another state or the Federal Highway
Administration (FHWA). A state must have written consent from
the appropriate metropolitan planning organization if the state
is to transfer funds under the surface transportation program.
Subsection (i) directs the Secretary, before appropriating
authorized sums, to deduct $840,000 for administrative,
research, technical assistance, and training expenses to carry
out the recreational trails program under 23 U.S.C. Sec. 206,
for each fiscal year.
Sec. 1105. Federal-aid systems
This section amends 23 U.S.C. Sec. 103(b) to incorporate
modifications to the National Highway System, inserting a
mention of commerce and border crossings, and further modifies
the components of the National Highway System. A new paragraph
(6) is added that requires each state to implement a risk-based
state asset management plan for managing all infrastructure
assets in the right-of-way corridor with specific requirements
for such plan. A state asset management plan shall include
strategies leading to a program of projects that will make
progress toward achievement of the national goals for
infrastructure condition and performance of the National
Highway System. If a state fails to implement such a plan
consistent with this section, the federal share payable on
account of any project or activity is changed to 70 percent
under 23 U.S.C. Sec. 119.
Sec. 1106. National Highway System program
This section amends 23 U.S.C. Sec. 119 to require the
Secretary to establish the National Highway System program and
define its purpose. Only facilities located on the National
Highway System are eligible for program funding. Eligible
projects must: be located on an eligible facility, support
progress towards national performance goals, be consistent with
requirements of 49 U.S.C. Sec. 5203 and Sec. 5204, and satisfy
an acceptable project purpose. Project sponsors have the
authority to give preference to mitigating environmental
impacts through the use of a mitigation bank or another third-
party mitigation arrangement.
The federal share of the cost of a project payable from
funds made available to carry out this section shall be
determined under 23 U.S.C. Sec. 120(b).
Sec. 1107. Surface transportation program
Subsection (a) amends 23 U.S.C. Sec. 133(b) by striking
paragraphs (1), (14) and (15). New paragraphs (1) through (4)
establish the eligible projects under the surface
transportation program.
Subsection (b) amends 23 U.S.C. Sec. 133(c) by prohibiting
projects funded by this program to be undertaken on roads
functionally classified as local or rural minor collectors
unless the roads were on a federal-aid highway system in 1991.
Subsection (c) repeals 23 U.S.C. Sec. 133(d)(2). 23 U.S.C.
Sec. 133(d)(3) is amended by changing the percentage of funds
that is required to be spent on urbanized areas with population
over 200,000. Paragraph (E) requires a state to consult with
the local rural planning organization, if any, before
obligating funding for projects in a population area of 5,000
to 200,000.
Subsection (d) amends 23 U.S.C. Sec. 133(e)(3) to require
the Secretary to make payments to a state for costs incurred by
the state for the surface transportation program.
Subsection (e) amends 23 U.S.C. Sec. 133(f)(1) by inserting
the correct fiscal years.
Subsection (f) allows up to 15 percent of the amounts
required to be obligated by a state to be obligated on roads
functionally classified as minor collectors. The Secretary has
the authority to suspend this application if it is being used
excessively by the state.
The surface transportation program supports a broad range
of eligible projects. As such, the Committee encourages state
departments of transportation to consider the needs of
communities of all sizes and the demand for all types of
eligible projects when deciding which projects to fund through
the surface transportation program.
Sec. 1108. Congestion mitigation and air quality improvement program
Subsection (a) amends 23 U.S.C. Sec. 149(b) by setting
requirements for the obligation of funds. A project qualifies
if the project is located in an area of the state that is or
was designated as a nonattainment area for ozone, carbon
monoxide, or particulate matter under section 107(d) of the
Clean Air Act. A project also qualifies if it is determined the
project will contribute to the attainment of a national ambient
air quality standard, the maintenance of a national ambient air
quality standard in a maintenance area, has been approved in a
state implementation plan pursuant to the Clean Air Act,
mitigates congestion, or is found to reduce travel time delay,
vehicle miles traveled or fuel consumption.
A state may obligate funds for a project or program that
will result in the construction of new capacity available to
single occupant vehicles only if it will help mitigate
congestion or improve air quality. Projects for PM-10
nonattainment areas and projects that establish or support the
establishment of electric vehicle battery charging facilities
also qualify. In addition, projects for electric vehicle
infrastructure that establish electric vehicle battery charging
facilities qualify and may be carried out by a state, local
agency, or public-private partnership.
Subsection (b) amends 23 U.S.C. Sec. 149 by striking
subsection (f).
Sec. 1109. Equity bonus program
This section amends 23 U.S.C. Sec. 105 to apportion among
the states amounts sufficient to ensure that each state receive
a minimum return on the dollars that state contributes to the
Highway Trust Fund.
For each of fiscal years 2013 through 2016, the percentage
referred to in subsection (a) for each state shall be a minimum
of 94 percent of the quotient obtained.
For each fiscal year, the Secretary shall apportion among
the states amounts sufficient to ensure that each state
receives a combined total apportionment for the programs in
subsection (a)(2) and the congestion mitigation and air quality
improvement program that equals or exceeds the combined amount
that the state was apportioned for fiscal year 2012 for the
programs specified in 23 U.S.C. Sec. 105(a)(2). In determining
a state's combined apportionment for fiscal year 2012, the
Secretary shall not consider amounts apportioned to the state
for such fiscal year under section 111(d)(1) and (3) of the
Surface Transportation Extension Act of 2011, Part II (PL 112-
30).
The manner by which the Secretary apportions the amounts
made available through this program to programs in each state
is provided. The Secretary shall apportion the amounts made
available under this section that exceed $2,639,000,000 so that
the amount apportioned to each state for programs in this
section is equal to the amount determined by multiplying the
amount to be apportioned to such state under this section. No
set-aside under 23 U.S.C. Sec. 104(f) applies to funds
allocated under this section.
There are authorized to be appropriated out of the Highway
Trust Fund, subject to paragraphs (2) and (3), $3,900,000,000
for each of fiscal years 2013 through 2016.
If the amounts in paragraph (1) are below the minimum
percentage of total apportionments required for each fiscal
year, the amount will be increased by the amount of the
shortfall to meet the minimum requirement. If the amounts in
paragraph (1) are above the minimum percentage of total
apportionments required for each fiscal year, the amount will
be decreased by the amount of the surplus.
Sec. 1110. Project approval and oversight
Subsection (a) amends 23 U.S.C. Sec. 106(c)(1) to allow
states to assume the responsibility of the Secretary for
design, plans, specifications, estimates, contract awards, and
inspections for projects on the National Highway System.
Subsection (b) amends 23 U.S.C. Sec. 106(e) by requiring a
state to provide a value engineering analysis for projects on
the National Highway system with a total estimated cost of
$50,000,000 and bridge projects on the National Highway System
with a total estimated cost of $40,000,000. The requirements of
subsection (e) do not apply to projects delivered under a
design-build method.
Subsection (c) amends 23 U.S.C. Sec. 106(h)(3) to require
the financial plan to assess the appropriateness of a public-
private partnership to deliver a project.
Subsection (d) amends 23 U.S.C. Sec. 106 by adding
subsection (j). This new subsection requires the Secretary to
encourage the use of advanced modeling technologies during
environmental, planning financial management, design,
simulation, and construction processes for projects that
receive federal funding.
Sec. 1111. Emergency relief
Subsection (a) amends 23 U.S.C. Sec. 125(d) to allow the
Secretary to expend funds from the emergency fund for repair or
reconstruction of federal-aid highways. The maximum project
cost under this section cannot exceed the cost of repair or
construction of a comparable facility. Debris removal is an
eligible expense under certain circumstances. The U.S.
Territories may not receive more than $20,000,000 in a single
fiscal year. Actual and necessary costs of maintenance and
operation of ferryboats and additional transit services
providing temporary substitute highway traffic service may be
expended from the emergency fund. The Governor or President
must declare an emergency in order to receive assistance under
this section and the state must provide a list of projects and
costs to the Secretary no later than two years after an
emergency declaration.
Subsection (b) amends subsection (e) to update emergency
relief to include the repair or reconstruction of tribal roads,
federal lands highways, and other federally owned roads that
are open to public travel, even if the roads are not on
federal-aid highways. ``Open to public travel'' is defined.
Subsection (c) requires a rulemaking to update regulations
governing the emergency relief program from the Secretary.
Subsection (d) requires the Secretary to take steps to
improve the emergency relief program implementation.
Sec. 1112. Uniform transferability of federal-aid highway funds
This section amends 23 U.S.C. Sec. 126 to allow a state to
transfer up to 25 percent of the state's apportionments under
the National Highway System program, the surface transportation
program, and the highway safety improvement program for a
fiscal year to any other apportionment of the state under any
of those programs for that fiscal year. No funds may be
transferred under this section that are subject to 23 U.S.C.
Sec. 104(f) or 23 U.S.C. Sec. 133(d)(3).
Sec. 1113. Ferryboats and ferry terminal facilities
This section amends 23 U.S.C. Sec. 147 by striking
subsections (c), (d), and (e) and inserting a new subsection
(c). Subsection (c) establishes the formula to determine what
each eligible state shall receive to carry out this program for
each fiscal year.
Sec. 1114. National highway bridge and tunnel inventory and inspection
program
Subsection (a) requires the Secretary to inventory all
bridges and tunnels and identify those that are structurally
deficient or functionally obsolete. A risk-based priority must
then be established for the structurally deficient or
functionally obsolete bridges and tunnels taking multiple
safety and public use factors into consideration. The cost for
replacing the structurally deficient or functionally obsolete
structure must be determined.
Subsection (b) requires the Secretary to establish and
maintain inspection standards for the proper safety inspection
and evaluation of all highway bridges and tunnels in the
inventory. The Secretary must annually review state compliance
standards, and in instances of noncompliance, allow the state
to develop a corrective action plan. If the issue goes
unresolved, a penalty shall be handed down to the state.
Subsection (c) directs the Secretary to establish a program
designed to train personnel to carry out highway bridge and
tunnel inspections.
Subsection (d) allows the Secretary to use funds from 23
U.S.C. Sec. 104(a) and 23 U.S.C. Sec. 503; a state to use from
funds from 23 U.S.C. Sec. 104(b)(1), Sec. 104(b)(3), and
Sec. 104(b)(5); an Indian tribe to use funds from 23 U.S.C.
Sec. 502; and a federal agency to use funds from 23 U.S.C.
Sec. 503 to carry out this section.
Sec. 1115. Minimum investment in highway bridges
Subsection (a) requires states with a total highway bridge
deck area on the National Highway System that is more than 10
percent structurally deficient to spend 10 percent of their
allocation under 23 U.S.C. Sec. 104(b)(1) and Sec. 104(b)(3) on
eligible projects on highway bridges. An amount equal to 110
percent of the amount that the state was required to expend for
fiscal year 2009 on projects under 23 U.S.C. Sec. 144(f)(2)
shall be available to the states only for eligible projects not
on federal-aid highways if the Secretary determines for the
fiscal year that more than 15 percent of the total deck area of
highway bridges not on federal-aid highways in the state is
located on highway bridges not on federal-aid highways that
have been classified as structurally deficient. States that
have more than 2,000 structurally deficient highway bridges not
on federal-aid highways are also eligible.
Subsection (b) amends 23 U.S.C. Sec. 217(e) regarding
safety accommodations when rehabilitating and replacing a
bridge with bicycle lanes.
Sec. 1116. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
This section amends 23 U.S.C. Sec. 164(a) to allow states
to qualify for this section if they have a state law to suspend
all repeat offender intoxicated drivers of their driving
privileges for not less than 1 year or suspend driving
privileges for 1 year with limited driving privileges permitted
if an ignition interlock device is installed on the motor
vehicle owned or operated by the individual. This section does
not mandate that states adopt ignition interlock laws.
Sec. 1117. Puerto Rico highway program
23 U.S.C. Sec. 165 is amended by striking subsections (a)
and (b) and inserting two new subsections. The Secretary is
required to allocate funds made available for the fiscal year
to carry out a highway program in the Commonwealth of Puerto
Rico.
Sec. 1118. Appalachian development highway system
This section requires the Secretary to apportion funds to
the Appalachian development highway system program. Funds for
this program are made available for obligation and
administration. The federal share of the cost of any project
under this section must be in accordance with 40 U.S.C.
Sec. 14501, to construct highways and access roads. Funds will
remain available until expended. This section also allows
states to use toll credits for the non federal share for
projects on the Appalachian development highway system.
Sec. 1119. References to Mass Transit Account
Any reference to the Mass Transit Account in 23 U.S.C. or
49 U.S.C. shall refer to the Alternative Transportation
Account.
Subtitle B--Innovative Financing
Sec. 1201. Transportation Infrastructure Finance and Innovation
Subsection (a) modifies the definitions for this section.
Subsection (b) makes the following changes to 23 U.S.C.
Sec. 602:
23 U.S.C. Sec. 602. Applications and determinations of
eligibility
``23 U.S.C. Sec. 602(a). Project applications
This subsection allows a state, local government, agency of
a state or local government, public authority, private party to
a public-private partnership, or any other legal entity to
submit an application for financial assistance. Applicants may
request assistance to be provided under a master credit
agreement.
``23 U.S.C. Sec. 602(b). Eligibility
This subsection sets the criteria a project must meet in
order to receive financial assistance. The project must be able
to demonstrate and satisfy the following: planning and
programmatic requirements, creditworthiness, dedicated revenue
sources, regional significance, public sponsorship of private
entities, and project readiness, among other factors.
``23 U.S.C. Sec. 602(c). Preliminary rating opinion letter
This subsection requires each applicant to provide a
preliminary opinion letter from a rating agency showing the
potential to achieve an investment-grade rating.
``23 U.S.C. Sec. 602(d). Approval of applications and
funding
This subsection establishes an approval process for the
Secretary for applications and project funding.
``23 U.S.C. Sec. 602(e). Procedures for determining project
eligibility
This subsection establishes procedures for approval or
disapproval of applications based on whether the projects meet
the criteria specified in subsection (b)(2).
``23 U.S.C. Sec. 602(f). Application approval
This subsection provides that approved applications qualify
the project for execution of a term sheet establishing a
conditional commitment of credit assistance.
``23 U.S.C. Sec. 602(g). Federal requirements
This subsection sets the federal requirements the project
must comply with in order to receive federal funding.
``23 U.S.C. Sec. 602(h). Development phase activities
This subsection allows any approved credit instrument to
finance 100 percent of the cost of the development phase
activities if the total amount of the credit instrument does
not exceed the maximum amount prescribed in this chapter.
Subsection (c) of section 1201 amends 23 U.S.C. Sec. 603.
Section 603(a)(1) is amended by adding a reference to master
credit agreements. Secured loans may not exceed 49 percent of
the anticipated eligible project costs. The paragraph relating
to how a secured loan shall be payable is modified. The
paragraph relating to nonsubordination in the event of
bankruptcy, insolvency or liquidation is modified.
Subsection (d) of section 1201 amends 23 U.S.C. Sec. 604 to
conform to sections amended by this Act. Secured loans may not
exceed 49 percent of the anticipated eligible project costs.
The paragraph relating to how a secured loan shall be payable
is modified. The paragraph relating to nonsubordination in the
event of bankruptcy, insolvency or liquidation is modified. The
percentage referred to in subsection (b)(10) is amended to 49
percent.
Subsection (e) of section 1201 amends 23 U.S.C. Sec. 605 by
adding a new subsection (e) to require the Secretary to
implement procedures and measures to expedite the approval
process.
Subsection (f) of section 1201 amends 23 U.S.C.
Sec. 608(a)(1). Subsection (a)(1) authorizes $1,000,000,000 for
each of fiscal years 2013 through 2016 to be appropriated out
of the Highway Trust Fund to carry out this chapter. $3,250,000
is appropriated for each of fiscal years 2013 through 2016 for
administrative costs to carry out this chapter. The amount of
budget authority administered to a master credit agreement is
limited to 15 percent. A new subsection (c) is added to require
the Secretary to publish a notice in the Federal Register and
notice to applicants. Applicants are allowed to pay the subsidy
amount other than budget authority in a fiscal year. A new
subsection (d) is added to require the Secretary to distribute
any unallocated funds at the end of a fiscal year. The
remaining budget authority must be distributed to the states
via formula.
Sec. 1202. State infrastructure bank program
This section amends 23 U.S.C. Sec. 610(d) to increase the
amount a state can deposit into the highway account of their
state infrastructure bank from 10 percent of the funds
apportioned to the state to 15 percent. State infrastructure
banks may not exceed 100 percent of the funds capitalized under
23 U.S.C. Sec. 611 for each of fiscal years 2013 through 2016.
Sec. 1203. State infrastructure bank capitalization
This section amends chapter 6 of 23 U.S.C. by adding a new
section, section 611, to require the Secretary to apportion the
funds to carry out this section on October 1 of each fiscal
year. States must make capitalization grants to their state's
infrastructure bank with their apportioned funding. Beginning
in FY 2015, the Secretary shall reapportion the remaining funds
among states that do not obligate the funds to the other states
that used the funds to capitalize their state's infrastructure
bank.
A recalculation under 23 U.S.C. Sec. 105 is precluded for
funds reapportioned under subsection (c). All the requirements
in 23 U.S.C. Sec. 610(h) apply to any funds apportioned under
this section. $750,000,000 is authorized to be appropriated out
of the Highway Trust Fund for each of fiscal years 2013 through
2016. These funds are available for obligation and
administration in the same manner as if the funds were
apportioned under chapter 1.
Sec. 1204. Tolling
Subsection (a) amends 23 U.S.C. Sec. 129(a) to permit
federal participation in toll projects in the same manner as
construction of toll-free highways. Conditions of facility
ownership are set. Limitations on how toll revenues can be used
are set. Public authorities with jurisdiction over a toll
facility must conduct an annual audit of toll facility records
to verify adequate maintenance and compliance. If found
noncompliant, the Secretary has the right to require the
authority to discontinue collecting tolls until a compliance
plan is agreed upon.
Public authorities with jurisdiction over a high occupancy
vehicle facility may undertake reconstruction, restoration, or
rehabilitation on the facility. They may levy tolls on
vehicles, excluding high occupancy vehicles, using that
facility if certain requirements are met. The authority has the
right to set the toll rate and exempt or designate special
tolls for certain classes of vehicles. The federal share
payable for a project is a percentage determined by the state
but cannot exceed 80 percent.
States are given the ability to loan to a public or private
entity constructing a toll facility, or non-toll facility, with
a dedicated revenue source that equals or partly equals the
federal share for the project. States must pass a law to permit
tolling, if there is no law already in place, before they are
permitted to toll.
Subsection (b) requires all toll facilities on the federal-
aid highway system to implement technologies that provide for
the interoperability of electronic toll collection programs
within two years of enactment.
Sec. 1205. HOV facilities
This section amends 23 U.S.C. Sec. 166. Section 166(b)(5)
is amended by extending the date for low emission and energy
efficient vehicles use of HOV facilities. Section 166(c)(3) is
amended to subject toll revenue to the requirements of section
129(a)(3). Section 166(d)(2) is amended to add a new paragraph
to the end that requires the state to maintain operating
performance with the minimum average operating speed
performance standard.
Sec. 1206. Public-private partnerships
This section requires the Secretary to compile best
practices on how the government can work with the private
sector in the development, financing, construction, and
operation of transportation facilities. Best practices must
include policies and techniques to ensure that the interests of
the traveling public are met and the government is protected in
any agreement with the private sector. The Secretary may
provide technical assistance on public-private partnerships to
states, upon request. The Secretary is required to develop
standard public-private partnership model contracts for the
most popular types of public-private partnerships for use by
states and local governments.
Subtitle C--Highway Safety
Sec.1301. Highway safety improvement program
This section amends 23 U.S.C. Sec. 148, the highway safety
improvement program.
Subsection (a) provides definitions for terms used in this
section.
Subsection (b) directs the Secretary to carry out a highway
safety improvement program.
Subsection (c) requires states to have a highway safety
improvement program in order to receive funds apportioned under
this section. Each state must have a highway safety plan as
part of their highway safety program that is developed in
consultation with transportation stakeholders, sets highway
safety goals, identifies highway safety projects and is
consistent with performance measures established under title
49, U.S.C. Each highway safety plan must consider hazardous
roadway features, determine priorities for the correction of
such features, identify the 100 most dangerous roads in the
state, and evaluate the progress made each year in achieving
state safety goals. Eligible projects under this program may be
carried out on any public road, pathway or trail, may improve
the safety data system of the state, may maintain minimum
levels of retroreflectivity, or be consistent with the FHWA's
publication titled ``Highway Design Handbook for Older Drivers
and Pedestrians''. Funds apportioned to a state under section
104(b) may not be used to carry out a program to purchase,
operate or maintain an automated traffic enforcement system.
The definition of ``automated traffic enforcement system''
includes enforcement systems such as red light cameras, speed
cameras, or automated license plate readers. This section is
not intended to diminish or preclude enforcement of commercial
motor vehicle regulations under title 23 or title 49.
Subsection (d) allows states to flex not more than 10
percent of their apportioned funds from this section for safety
projects under any other section.
Subsection (e) requires each state to have in effect, as
part of their highway safety improvement program, a safety data
system that collects and maintains safety data on all public
roads in that state.
Subsection (f) requires all highway safety plans and
reports submitted by states under this section to be available
to the public.
Subsection (g) prohibits any reports or data compiled under
this section to be admissible as evidence in a federal or state
court proceeding.
Subsection (h) sets the federal cost share for a project
carried out under this section at 90 percent.
The Secretary shall issue guidance to states on the
appropriate conditions under which the use of fixed or portable
electronic messaging signs that relay work zone delay, travel
times, and warning information to motorists should be used.
Sec. 1302. Railway-highway crossings
Subsection (a) amends 23 U.S.C. Sec. 130(d) by requiring
each state to make surveys and schedules available to the
public.
Subsection (b) amends 23 U.S.C. Sec. 130 by adding a new
subsection (m) which requires each state to submit a report to
the Secretary on the 10 railway-highway crossings in the state
that have the greatest need for safety improvements, an action
plan to address such safety needs, and a list of projects
carried out at such crossings over the previous two years. All
reports must be posted on the United States Department of
Transportation's (USDOT) and each state's department of
transportation website. Reports and data complied under this
subsection are not admissible as evidence in a federal or state
court proceeding. The Secretary may withhold funding under
section 130 if a state fails to comply with this subsection.
Sec.1303. Highway worker safety
Subsection (a) directs the Secretary to modify section
630.1108(a) of title 23, Code of Federal Regulations, to ensure
that highway construction workers are properly separated from
highway traffic with proper barriers.
Subsection (b) directs the Secretary to modify regulations
issued pursuant to section 1402 of SAFETEA-LU that would allow
fire services personnel to comply with apparel requirements set
forth in such regulation.
Subtitle D--Freight Mobility
Sec. 1401. National Freight Policy
Subsection (a) directs the Secretary to develop a 5-year
National Freight Policy in consultation with public and private
sector freight stakeholders, which is to include
representatives of ports, shippers, carriers, freight-related
associations, the freight industry workforce, state
transportation departments, and local governments. The
Committee believes the inclusion of local governments as a
stakeholder to be consulted in the development of the National
Freight Policy should be interpreted to include local air
quality agencies where appropriate.
The Secretary should work through the Office of Freight
Management and Operations in FHWA to develop the National
Freight Policy under this section. In developing the National
Freight Policy, the Office of Freight Management and Operations
should advise the Secretary on freight issues; facilitate
communication among public and private stakeholders with
respect to freight issues and provide recommendations to the
Secretary on federal, state, and local public and private
funding sources for projects with respect to freight.
Subsection (b) directs the National Freight Policy to
specify goals, objectives, and milestones with respect to the
expansion of freight transportation capacity and the
improvement of freight transportation infrastructure. The
policy is to identify strategies, protocols, and processes to
help achieve the goals and objectives and implement the policy.
Subsection (c) directs the Secretary, in developing the
National Freight Policy, to consider the goals of investing in
freight infrastructure to strengthen economic competitiveness,
meeting standards, expanding to meet future demand, improving
safety, implement new technologies, and spurring performance
and innovation, among other goals.
Subsection (d) requires the Secretary to include the
National Freight Policy in the National Strategic
Transportation Plan developed under 49 U.S.C. Sec. 5205.
Subsection (e) directs the Secretary to make changes to the
commodity flow survey conducted by the Bureau of Transportation
Statistics that will reduce identified freight data gaps and
deficiencies and assist in forecasting transportation demand.
Sec. 1402. State freight advisory committees
This section directs the Secretary to encourage states to
establish a freight advisory committee consisting of public and
private sector freight stakeholders, which include
representatives of ports, shippers, carriers, freight-related
associations, the freight industry workforce, the state's
transportation department, and local governments. The Committee
believes the inclusion of local governments in the list of
stakeholders to be included in state freight advisory
committees should be interpreted to include local air quality
agencies where appropriate. The state freight advisory
committee is required to advise the state on freight priorities
and serve as a forum of discussion for state freight
transportation decisions, among other roles.
Sec. 1403. State freight plans
This section directs the Secretary to encourage each state
to develop a freight plan that provides for the state's
immediate and long-range planning activities and investments
with respect to freight. The freight plan may be separate or
part of the statewide strategic long-range transportation plan.
Sec. 1404. Trucking productivity
Under current federal law, there are weight limits for
trucks on the interstate system as well as width and length
limits on the National Network (a system of approximately
209,000 miles of roads including the interstate system
specifically designated in federal regulations). In addition to
these general standards, federal law includes provisions,
exemptions and variations applicable to particular states,
routes, vehicles, or operations creating a patchwork of
restrictions across the United States. This section makes
changes to the current size and weight limits in order to
increase the efficiency of freight movement in the United
States.
This section authorizes the Secretary to carry out a pilot
program to allow, by special permit, the operations of a
vehicles with gross weight of up to 126,000 pounds on no more
than three segments of an interstate highway that can be
contiguous up to 25 miles each. The Committee believes, in
order to show geographic and product diversity of commodities,
an example of such diversity would be the hauling of coal in
West Virginia and timber in Minnesota.
This section authorizes states to issue special permits for
overweight vehicles during a major disaster or emergency under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act. This section provides a weight limit exemption for
emergency vehicles. This section requires states to allow
access on the National Network and reasonable access highways
for double trailer trucks with 33-foot trailers and single
trailer trucks with 53-foot trailers. This section prohibits a
state from imposing a length limitation of less than 80 feet on
an automobile transporter, a length limitation of less than 82
feet on light- and medium-duty trailer manufacturers hauling
trailers in a double configuration, or a kingpin-to-rear axle
distance of 46 feet on livestock haulers. This section allows
buses purchased after October 1, 2012, with a device for
carrying luggage to operate with lengths up to 47 feet. This
language applies to bus length only and should not be
interpreted to be an implied exemption to weight limitations.
Sec. 1405. Study with respect to truck sizes and weights
This section requires the Secretary to conduct a 3-year
study with respect to truck sizes and weights. The Secretary
shall examine the effect on principal arterial routes and
National Highway System intermodal connectors that allowing
nationwide operation of each covered truck configuration would
have.
This section requires the Secretary to evaluate the effect
on safety of allowing specified truck configurations to
operate, to estimate the full cost responsibility associated
with each truck, to examine the ability of a representative
sample of regions to meet repair and reconstruction needs, to
estimate the extent to which freight would be diverted from
other surface transportation modes to principal arterial routes
and National Highway System intermodal connectors.
Sec. 1406. Maximum weight increase for idle reduction technology on
heavy duty vehicles
This section increases the maximum gross vehicle weight
limit and the axle weight limit for any heavy duty vehicle
equipped with idle reduction technology from 400 pounds to 550
pounds.
Subtitle E--Federal Lands and Tribal Transportation
Sec.1501. Federal lands and tribal transportation programs
This section replaces sections 201, 202, 203, and 204 of
title 23 U.S.C. with section 201, general provisions, section
202, the federal lands transportation program and section 203,
the tribal transportation program.
23 U.S.C. Sec. 201 is amended by creating two new programs;
the tribal transportation program and the federal lands
transportation program. Subsection (a) establishes guidelines
for the programs and requires the programs to be administered
by the Secretary of Transportation, in conjunction with the
other Secretaries of the appropriate land management agencies.
The Secretary charged with administering funds under the
programs can enter into contractual obligations for engineering
or related work for the design, development, and acquisition
associated with a project or plans, specifications, and
estimates associated with a project.
The Secretary shall direct not less than 10 percent of any
unused obligation authority for 23 U.S.C. Sec. 202 to the
competitively awarded high priority projects program
established under the tribal funding formula in 23 U.S.C.
Sec. 202. The federal share payable for a project carried out
under 23 U.S.C. Sec. 202 and Sec. 203 shall be 100 percent. The
federal share payable for operating expenses under 23 U.S.C.
Sec. 203 shall be 50 percent and the federal share payable for
operating expenses under 23 U.S.C. Sec. 202 shall be consistent
with the historical federal share before date of enactment of
this Act.
Subsection (e) requires the Secretary, in consultation with
the other federal land management agencies, to establish
transportation planning procedures for tribal transportation
facilities and federal lands transportation facilities. As part
of the transportation planning process, the Secretary shall
develop a transportation improvement program consistent with
the requirements of this subsection. The Secretary may use up
to 5 percent of funds made available for 23 U.S.C. Sec. 203 for
implementing activities described in this section and
transportation planning activities.
The Secretary establishes the tribal transportation program
under 23 U.S.C. Sec. 202 to distribute funding to tribes for
projects described in subsection (b). The Secretary has the
authority to enter into contracts with states and tribes with
respect to carrying out this section. Paragraph (6) limits the
amount the Secretary of Transportation or the Secretary of the
Interior may spend on program management, oversight, and
administration to five percent of section 202 funds. With the
consent of a tribe, the Secretary or a tribe may use funding
under this section for maintenance and amount that does not
exceed 25 percent of such funds or $500,000.
The Bureau of Indian Affairs shall maintain primary
responsibility for road maintenance programs on tribal
reservations. The Secretary of the Interior shall ensure funds
made available for maintenance of tribal transportation
facilities shall be supplementary. States and tribes may enter
into a road maintenance agreement. States, counties and other
political subdivisions of a state shall be accepted when
constructing or improving a tribal transportation facility.
States may provide a portion of their apportioned funds under
chapter I of title 23 U.S.C. to a tribe for projects on a
tribal transportation facility. Construction of a project under
23 U.S.C. Sec. 202 shall be performed through a competitively
awarded contract.
Funds authorized to be appropriated under 23 U.S.C.
Sec. 202 shall be allocated among the tribes in accordance with
the funding formula established under this section. The
Secretary shall distribute the remainder authorized to be
appropriated for the tribal transportation program under this
section among Indian tribes pursuant to the Tribal
Transportation Allocation Methodology described in subpart C of
part 170 of title 25, Code of Federal Regulations (as in effect
on the date of enactment of this Act). Nothing in this section
should be construed to require the funding formula maintained
by the Secretary of the Interior, as of date of enactment of
this Act, to be altered or amended. The Secretary of the
Interior shall maintain a national tribal transportation
facility inventory that contains eligible transportation
facilities under the tribal transportation program and shall
accept into the inventory facilities submitted to the Secretary
of the Interior by tribes no later than September 30, 2012 and
every two years after such date. The inventory shall include
facilities described in paragraph (B). Bridges included in the
inventory shall be included on the national bridge inventory
under 23 U.S.C. Sec. 151.
The Secretary of the Interior shall maintain regulations
governing the funding formula. The basis for the funding
formula shall be consistent with currently established
procedures under such formula. As part of the formula, the
Secretary shall continue the high priority projects program
established prior to date of enactment of this Act. No later
than 30 days after funds are made available to the Secretary or
Secretary of the Interior for this section, the funds shall be
distributed to and available for tribes in accordance with the
funding formula. A tribe may enter into a contract and
agreement with funds made available under this section if they
meet the health and safety requirements under paragraph (6).
Contracts and agreements with tribes for program costs shall be
made pursuant to paragraph (7). Contracts and agreements with
tribes for tribal transportation facility projects and programs
shall be made pursuant to paragraph (8).
Subsection (d) allows the greater of two percent or $35,000
of funds under this section to be available for transportation
planning.
Subsection (e) requires the Secretary to ensure that funds
made available for a project under this section are
supplementary to and not in lieu of the obligation of fair and
equitable share of funds apportioned to such state under 23
U.S.C. Sec. 104.
Subsection (f) allows a tribe to be eligible for
competitive or discretionary grants under title 23 U.S.C. or
chapter 53 of title 49 U.S.C.
23 U.S.C. Sec. 203, the federal lands transportation
program, is established to distribute funding to the federal
land management agencies. Funding for the program would be
distributed to the National Park Service, the Forest Service,
the United States Fish and Wildlife Service, the Corps of
Engineers, and the Bureau of Land Management. Of the amounts
authorized to be appropriated for the federal lands
transportation program, the National Park Service, the Forest
Service, and the United States Fish and Wildlife Service shall
receive a minimum apportionment. The remaining funding is
distributed through an application process by each federal land
management agency.
The Secretary of Transportation considers the extent to
which each agency addresses transportation goals, including
performance management as appropriate; addresses the resource
management goals of the Secretaries of the respective federal
land management agencies; and supports high-use federal
recreation sites or economic generators. This section requires
the federal land management agencies to maintain inventories of
their transportation facilities that provide access to high-use
federal recreation sites or are administered by the appropriate
agency.
Sec. 1502. Definitions
Subsection (a) repeals definitions in 23 U.S.C.
Sec. 101(a).
Subsection (b) adds definitions for ``Federal land
management agency'', ``Federal lands'', ``Federal lands
highway'', ``Federal lands transportation facility'', ``tribal
road'', and ``tribal transportation facility'' to 23 U.S.C.
Sec. 101(a).
Sec. 1503. Conforming amendments
Subsection (a) amends 23 U.S.C. Sec. 120 by replacing the
terms repealed in section 1502 of this Act with new terms added
in 23 U.S.C. Sec. 101(a).
Subsection (b) amends 23 U.S.C. Sec. 138(a) by replacing
the reference to 23 U.S.C. Sec. 204 with a reference to 23
U.S.C. Sec. 203.
Subsection (c) amends 23 U.S.C. Sec. 139(j)(3) by changing
the paragraph heading and replacing the reference to 23 U.S.C.
Sec. 204 with a reference to 23 U.S.C. Sec. 202 and Sec. 203.
Subsection (d) amends 23 U.S.C. Sec. 217(c) by changing the
subsection heading and replaces the reference to term repealed
in section 1502 of this Act with new terms in 23 U.S.C.
Sec. 101(a).
Subsection (e) amends 23 U.S.C. Sec. 315 by replacing the
reference to 23 U.S.C. Sec. 204(f) and Sec. 205(a) with a
reference to 23 U.S.C. Sec. 203(b)(4) and Sec. 205(a).
Sec. 1504. Repeals; effective date
Subsection (a) repeals 23 U.S.C. Sec. 204 and Sec. 214.
Subsection (b) clarifies that an amendment or repeal made
by this subtitle shall not affect funds apportioned or
allocated before the effective date.
Sec. 1505. Clerical amendment
This section amends the analysis for chapter 2.
Sec. 1506. Tribal transportation self-governance program
This section creates a new 23 U.S.C. Sec. 207, the tribal
transportation self-governance program.
Subsection (a) requires the Secretary to establish the
tribal transportation self-governance program.
Subsection (b) establishes the requirements that a tribe
must meet in order to be eligible to participate in the
program. The tribe must officially make a request to the
Secretary to participate in the program and demonstrate
financial stability and financial management capability for the
preceding 3 fiscal years. For a tribe to meet the financial
stability and financial management capability requirements,
they must have had no uncorrected significant and material
audit exceptions in the annual audit of the tribe's self-
determination contracts or self-governance funding agreements
with any federal agency.
Subsection (c) requires a compact with the Secretary and a
tribe in order for a tribe to participate in the program. The
compact establishes the general terms of the governmental
relationship between the tribe and the United States. The
compact can be amended only by mutual agreement.
Subsection (d) requires the Secretary to enter in to an
annual funding agreement with a tribe as part of the compact
under subsection (c). The funding agreement authorizes the
tribe to plan, conduct, consolidate, administer, and receive
full tribal share funding and funding to tribes from
discretionary grants for all programs, services, functions, and
activities that are made available to the tribe for the tribal
transportation program and other programs administered by the
Secretary. If a state elects to provide a tribe with funds from
the state's allocation under chapter I of title 23 for an
eligible project under 23 U.S.C. Sec. 202, such funds shall be
included in the funding agreement. If a state provides funds to
a tribe through the funding agreement, the state is not
responsible for constructing, maintaining, administering, or
supervising a project using such funds. If a state provides
funds to a tribe through the funding agreement, the tribe is
responsible for constructing, maintaining, administering, or
supervising a project using such funds. Pending a mutual
agreement, the funding agreement shall include provisions for
flexible and innovative financing. The Secretary may issue
regulations on such flexible and innovative financing
provisions but if no regulations are issued the provisions
shall be consistent with agreements under contracts and
agreements with tribes for tribal transportation programs and
projects or regulations issued by the Department of the
Interior relating to flexible financing.
Tribes shall be eligible to participate in any competitive
or discretionary grant program under transportation programs
that states are allowed to participate in. The terms of a
funding agreement shall identify programs, services, functions,
and activities to be performed or administered by a tribe. All
funding agreements established shall remain in effect until a
subsequent funding agreement is executed. The Secretary cannot
revise, amend, or add terms to a new or subsequent funding
agreement without tribal consent unless such terms are required
by federal law.
Subsection (e) authorizes a tribe under a funding agreement
to redesign or consolidate programs, services, function, and
activities under the funding agreement. A tribe may reallocate
or redirect funds for such programs, services, functions, and
activities if the funds are expended on projects in the
transportation improvement program and used with appropriations
Acts and other statutory limitations. Discretionary funds
received by a tribe shall be used for the purposes for which
the funds were authorized. A tribe may retrocede to the
Secretary programs, services, functions, or activities in a
compact or funding agreement. Such agreed upon retrocession
shall be effective within the timeframe described in the
compact or funding agreement or if no timeframe exists the
earlier of 1 year after the date of submission of the request
or the date on which the funding agreement expires or such date
as agreed upon by the parties.
Subsection (f) establishes what official in the Department
is allowed to make a decision that constitutes final agency
action. The Secretary is authorized to terminate the compact or
funding agreement and reassume the remaining funding associated
with the reassumed programs, services, functions and activities
under a compact or funding agreement if the Secretary finds
imminent jeopardy to a trust asset, natural resource, or public
safety and health that is caused by an act or omission of the
Indian tribe and that arises out of a failure to carry out the
compact or funding agreement or gross mismanagement with
respect to funds or programs transferred to the tribe under the
compact or funding agreement. The Secretary shall not terminate
a compact or funding agreement unless there is written notice
and a hearing on the record to the tribe subject to the compact
or funding agreement and the tribe has not taken corrective
action to remedy the mismanagement of funds. The Secretary may
immediately terminate the compact or funding agreement if the
Secretary finds imminent substantial and irreparable jeopardy
to a trust asset, natural resource, or public health and safety
and the jeopardy arises from the failure to carry out the
compact or funding agreement. The Secretary bears the burden of
proof for a termination of a compact or funding agreement.
Subsection (g) requires tribes receiving funds under this
program to apply cost principles under the applicable Office of
Management and Budget circular.
Subsection (h) establishes the procedures for the transfer
of funds under the program. Construction projects carried out
by a tribe under this program shall be pursuant to standards
set forth in applicable regulations or approval by the
Secretary and shall be monitored by the Secretary.
Subsection (j) requires the Secretary to interpret laws,
executive orders, and regulations that will facilitate the
inclusion of programs, services, functions, and activities as
part of the compact or funding agreement and implementation of
such agreements. A tribe may request a waiver for a regulation
pursuant to a compact or funding agreement. The Secretary shall
approve or deny a waiver request within 90 days of tribal
notice. The Secretary may deny a waiver request only if the
Secretary finds the regulation may not be waived because a
waiver is prohibited by federal law. If no approval or
rejection of a waiver request is issued by the Secretary within
90 days, the request is deemed approved.
Subsection (k) requires the Secretary to maintain current
program and funding agreements or enter into new agreements
upon the election of a tribe.
Subsection (l) determines which provisions in the Indian
Self-Determination and Education Assistance Act apply to
compacts or funding agreements under this program.
Subsection (m) establishes the definitions for `compact',
`department', `eligible Indian tribe', `funding agreement',
`Indian tribe', `program', Secretary', and `transportation
programs'. Definitions in sections 4 and 505 of the Indian
Self-Determination and Education Assistance Act apply, unless
except as otherwise provided.
Subsection (n) requires the Secretary to establish
regulations to carry out this section no later than 90 days
after enactment of this Act. All regulations for this section
shall be posted in the Federal Register. The authority of the
Secretary to issue regulations under this section shall expire
30 months after date of enactment. The expiration of
promulgated regulations may be extended up to 180 days if a
committee cannot meet the deadline. A negotiated rulemaking
committee shall be established with members of the federal and
tribal governments. If regulations are not promulgated, this
section's effect shall not be limited. A tribe in a compact or
funding agreement under this section shall not be subject to
any agency circular, policy, manual, guidance, or rule adopted
by the DOT, except regulations under this section.
Subtitle F--Program Elimination and Consolidation
Sec. 1601. Program elimination and consolidation
Subsection (a) directs that a repeal or amendment made by
this section will not affect funds apportioned or allocated
before the effective date of repeal.
23 U.S.C. Sec. 110, Revenue Aligned Budget
Authority, is repealed.
23 U.S.C. Sec. 117, High Priority Projects
Program, is repealed.
23 U.S.C. Sec. 118(c), Set Asides for Interstate
Discretionary Projects, is repealed.
23 U.S.C. Sec. 136, Control of Junkyards, is
repealed.
23 U.S.C. Sec. 144, Highway Bridge Program, is
repealed.
23 U.S.C. Sec. 152, Hazardous Elimination Program,
is repealed.
23 U.S.C. Sec. 157, Safety Incentive Grants for
the Use of Seat Belts, is repealed.
23 U.S.C. Sec. 155, Access Highways to Public
Recreation Areas on Certain Lakes, is repealed.
23 U.S.C. Sec. 160, Reimbursement for Segments of
the Interstate System Constructed Without Federal Assistance,
is repealed.
23 U.S.C. Sec. 162, National Scenic Byways
Program, is repealed.
23 U.S.C. Sec. 212, Inter-American Highway, is
repealed.
23 U.S.C. Sec. 216, Darien Gap Highway, is
repealed.
23 U.S.C. Sec. 217, State Coordinators, is amended
by striking subsection (d) and redesignating the other
subsections accordingly.
23 U.S.C. Sec. 218, Alaska Highway, is amended by
striking the first 2 sentences in subsection (a), ``No
expenditures'' in paragraph (C), and all of subsection (b).
23 U.S.C. Sec. 303, Management Systems, is
repealed.
23 U.S.C. Sec. 309, Cooperation with Other
American Republics, is repealed.
23 U.S.C. Sec. 319, Landscaping and Scenic
Enhancement, is amended by striking subsection (b).
23 U.S.C. Sec. 322, Magnetic Levitation
Transportation Technology Deployment Program, is repealed.
Section 1117 of SAFETEA-LU, Transportation,
Community, and System Preservation Program, is repealed.
Section 1301 of SAFETEA-LU, Projects of National
and Regional Significance, is repealed.
Section 1302 of SAFETEA-LU, National Corridor
Infrastructure Improvement Program, is repealed.
Section 1305 of SAFETEA-LU, Truck Parking
Facilities, is repealed.
Section 1306 of SAFETEA-LU, Freight Intermodal
Distribution Pilot Grant Program, is repealed.
Section 1307 of SAFETEA-LU, Deployment of Magnetic
Levitation Transportation Projects, is repealed.
Section 1308 of SAFETEA-LU, Delta Region
Transportation Development Program, is repealed.
Section 1404 of SAFETEA-LU, Safe Routes to School
Program, is repealed.
Section 1410 of SAFETEA-LU, National Work Zone
Safety Information Clearinghouse, is repealed.
Section 1411 of SAFETEA-LU, Roadway Safety, is
repealed.
Section 1502 of SAFETEA-LU, Highways for LIFE
Pilot Program, is repealed.
Section 1604(b) of SAFETEA-LU, Express Lanes
Demonstration Program, is repealed.
Section 1604(c) of SAFETEA-LU, Interstate System
Construction Toll Pilot Program, is repealed.
Section 1803 of SAFETEA-LU, America's Byways
Resource Center, is repealed.
Section 1804 of SAFETEA-LU, National Historic
Covered Bridge Preservation, is repealed.
Section 1807 of SAFETEA-LU, Nonmotorized
Transportation Pilot Program, is repealed.
Section 1906 of SAFETEA-LU, Grant Program to
Prohibit Racial Profiling, is repealed.
Section 1907 of SAFETEA-LU, Pavement Marking
Systems Demonstration Projects, is repealed.
Section 1958 of SAFETEA-LU, Limitation on Project
Approval, is repealed.
Subtitle G--Miscellaneous
Sec. 1701. Transportation enhancement activity defined
This section amends the definition for `transportation
enhancement activity' in 23 U.S.C. Sec. 101(a).
Sec. 1702. Pavement markings
This section amends 23 U.S.C. Sec. 109 by prohibiting the
Secretary from approving pavement marking projects that use
glass beads containing more than 200 parts per million of
arsenic or lead.
Sec. 1703. Rest areas
Subsection (a) amends 23 U.S.C. Sec. 111 by adding a
provision that prohibits the changing of the boundary of any
Interstate system right-of-way for construction of an
automotive service station or other commercial establishment. A
new subsection (b) is added to allow a state to establish a
rest area along the Interstate. The rest area may be operated
by a private entity to provide limited commercial service.
Revenues received from the operation of such rest areas shall
be used by the state for other rest areas in the state.
Subsection (b) allows, under specific circumstances,
sponsorship signs of rest areas.
Sec. 1704. Justification reports for access points on the Interstate
system
This section amends 23 U.S.C. Sec. 111 by adding a new
subsection (e) at the end to allow the state transportation
department to approve a justification report for an access
point on the Interstate system if such a report is requested.
Sec. 1705. Patented or proprietary items
This section amends 23 U.S.C. Sec. 112 by adding a new
subsection (h) at the end to require the Secretary to approve
the use of a patented or proprietary item with federal funds if
the state certifies that no suitable alternative exists, that
the patented or proprietary item will be labeled as such in bid
documents, and any patented or proprietary items will be
available to complete the project.
Sec. 1706. Preventive maintenance
This section amends 23 U.S.C. Sec. 116 by adding a new
subsection (e) at the end to add definitions for ``preventive
maintenance'' and ``pavement preservation programs and
activities.''
Sec. 1707. Mapping
Subsection (a) amends 23 U.S.C. Sec. 306 to require the
Secretary to carry out this section and modify the appropriate
role of state governments. A new subsection (c) is added at the
end which requires the Secretary to develop a process for the
oversight and monitoring of the compliance of each state with
guidance from subsection (b).
Subsection (b) requires the Secretary to conduct a survey
of all states to determine what percentage of projects in each
state utilized private sector sources for mapping and surveying
services.
Sec. 1708. Funding flexibility for transportation emergencies
This section adds a new 23 U.S.C. Sec. 330. It allows the
chief executive of a state to use any amounts apportioned to
that State for the repair or replacement of a transportation
facility that the chief executive has declared as a state of
emergency. The emergency declaration requirements that a chief
executive must meet in order to qualify for this section are
defined. In addition, the terms ``covered funds'',
``emergency'', and ``transportation facility'' are defined.
Sec. 1709. Budget justification
This section amends subchapter I of chapter 3 of title 49
U.S.C. by adding a new section, section 310. Section 310
requires the Secretary and the head of each modal
administration to submit a budget justification with the
President's annual budget submission to Congress.
Sec. 1710. Extension of over-the-road bus and public transit vehicle
exemption from axle weight restrictions
This section amends section 1023(h) of the Intermodal
Surface Transportation Efficiency Act of 1991 by changing the
heading of paragraph (1), striking the date in paragraph (1),
and striking the date in paragraph (2)(A).
Sec. 1711. Repeal of requirement for Interstate designation
This section amends section 1105(e)(5)(A) of the Intermodal
Surface Transportation Efficiency Act of 1991 by allowing the
designated routes to be designated as a route on the Interstate
system if they meet the requirements in section 109(b) of title
23.
Sec. 1712. Retroreflectivity
This section requires the Secretary to remove all
compliance dates for highway sign retroreflectivity
requirements in the Manual on Uniform Traffic Control Devices.
Sec. 1713. Engineering judgment
This section requires the Secretary to issue guidance to
states to clarify that standards for the design and application
of traffic control devices shall not be considered a substitute
for an engineering judgment.
Sec. 1714. Evacuation routes
This section requires each state to give adequate
consideration of evacuation routes when allocating funds
apportioned under title 23, U.S.C.
Sec. 1715. Truck parking
This section requires the Secretary to conduct a survey of
each state to develop a system of metrics to measure the
adequacy of commercial motor vehicle parking facilities in the
state, assess the commercial motor vehicle traffic volume in
the state, and evaluate the capability of the state to provide
adequate parking and rest facilities for commercial motor
vehicles engaged in interstate transportation. Eligible truck
parking projects a state may obligate funds towards is defined.
In addition, it establishes electric vehicle charging stations
as an eligible activity.
Sec. 1716. Use of certain administration expenses
This section allows funds made available in 23 U.S.C.
Sec. 104(a) to be used for no more than $2,000,000 for
operating the national work zone safety information
clearinghouse, the public road safety clearinghouse, and
providing work zone safety grants.
If the Secretary elects to use funds for work zone safety
grants, the grants may include eligible training courses on
guardrail installation, guardrail maintenance and guardrail
inspection. Other eligible training courses include
identification of engineering improvements at crash locations
for law enforcement personnel, and traffic control for
emergency responders.
Sec. 1717. Transportation training and employment programs
This section encourages the Secretary of Education and the
Secretary of Labor to use funds for training and employment
education programs to encourage development of transportation-
related careers and trades.
Sec. 1718. Engineering and design services
This section directs state department of transportation's
to utilize commercial enterprises for the delivery of
engineering and design services, to the maximum extent
practicable.
Sec. 1719. Notice of certain grant awards
This section requires the Secretary to provide written
notice of a covered grant award of at least $500,000 three
business days prior to announcing it publicly.
Sec. 1720. Miscellaneous parking amendments
This section amends 23 U.S.C. Sec. 137(a), Sec. 142(a)(1),
and Sec. 205(d) to allow electric vehicle charging stations to
new or previously funded parking facilities to be eligible in
this section.
Sec. 1721. Highway Buy America provisions
This section amends 23 U.S.C. Sec. 313 to apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decision under NEPA,
regardless of the funding source of such contracts.
Sec. 1722. Veterans preference in highway construction
This section amends 23 U.S.C. Sec. 114 by adding a new
subsection, subsection (d). It requires recipients of federal
financial assistance under this chapter to ensure that
contractors working on a highway project funded using such
assistance give preference in the hiring or referral of
laborers on any project for the construction of a highway to
veterans who have the appropriate skills and abilities to
perform the work required for the project.
Sec. 1723. Real-time ridesharing
This section amends 23 U.S.C. Sec. 101(a)(2) by defining
``real-time ridesharing'' as a carpool project.
Sec. 1724. State autonomy for culvert pipe selection
This section requires the Secretary to modify section
635.411 of title 23 U.S.C. to ensure that states have the
autonomy to determine culvert and storm sewer material types to
be included in the construction of a project on a federal-aid
highway. This section shall not be construed to undermine or
eliminate in whole or in part, competitive bidding requirements
in section 112 of title 23 regarding highway construction.
Sec. 1725. Equal opportunity assessment
This section requires the Secretary to assess the extent to
which nondiscrimination and equal opportunity exist in the
construction and operation of federally funded transportation
projects, programs, and activities.
TITLE II--PUBLIC TRANSPORTATION
Sec. 2001. Short title; amendments to title 49, United States Code
The short title is the ``Public Transportation Act of
2012''.
Amendments or repeals referenced in this section are to
title 49, United States Code.
Sec. 2002. Definitions
This section amends 49 U.S.C. Sec. 5302(a) general
definitions to increase the amount of federal transit formula
funding that a state or transit agency can expend for
paratransit and other Americans with Disabilities Act
transportation services from 10 to 15 percent of the
recipient's annual formula apportionment. This section also
adds a new defined term, ``rural area'', to describe an area of
under 50,000 in population. This term is synonymous with the
terms ``nonurbanized areas'' and ``areas other than urbanized
areas'' otherwise utilized in this chapter.
Sec. 2003. Planning programs
This section makes minor amendments to 49 U.S.C. Sec. 5305
to conform with the unified planning title.
Sec. 2004. Private enterprise participation
This section amends 49 U.S.C. Sec. 5306(a) by striking ``,
as determined by local policies, criteria, and decision-
making''.
Sec. 2005. Urbanized area formula grants
This section amends 49 U.S.C. Sec. 5307(b) regarding the
general authority for urbanized area formula grants. Currently,
only urbanized areas of less than 200,000 in population can
utilize urbanized area formula grant funds for up to 50 percent
of operating costs of equipment and facilities, after netting
out fare-box revenues. This amendment extends operating
flexibility to small transit agencies operating in areas
greater than 200,000 in population. Those agencies that operate
fewer than 75 buses in peak service hours can utilize formula
grant funds for up to 50 percent of net operating costs, and
agencies that operate between 76 and 99 buses can utilize
formula grant funds for up to 25 percent of net operating
costs. This provision does not limit the amount of a transit
agency's federal grant apportionment that can be used for
operating expenses, rather, the federal funding limitation
applies to the percentage of the net operating costs for the
system's operations.
This section also strikes subparagraph (d)(1)(k) that
requires transit agencies to expend 1 percent of urbanized area
formula grant funds on transit enhancements.
Sec. 2006. Capital investment grants
This section amends 49 U.S.C. Sec. 5309, rewriting the
federal new start and small start program to simplify,
streamline, and speed up the project development and evaluation
process while retaining the program's competitive and mode-
neutral character.
The new section 5309 language gives the Secretary the
authority to make grants to assist state and local governments
in financing new fixed guideway capital projects. There are two
types of new fixed guideway capital projects: new start
projects, which involve federal assistance under this section
of more than $75 million, and small start projects, which
involve less than $75 million federal assistance under this
section and have a total project cost of less than $250
million. Section 5309 no longer includes authority for fixed
guideway modernization projects; these projects are authorized
under 49 U.S.C. Sec. 5337. Section 5309 no longer includes
authority for bus purchases for rehabilitation and replacement;
these projects are now authorized in a formula program under 49
U.S.C. Sec. 5310. The Secretary cannot approve a grant unless
it is determined that the project is a part of a long-range
transportation plan and the applicant has the necessary legal,
financial, and technical capacity to carry out a project.
Subsection (d) directs that new start projects be carried
out through a full funding grant agreement. Only projects that
are authorized for project development, have been adopted in
the local transportation plan as the locally preferred
alternative, and are rated as high, medium-high, or medium can
receive financial assistance. Project benefits are evaluated on
the basis of cost effectiveness, mobility and accessibility
benefits, congestion relief, reduction in energy consumption,
economic development effects, and private contributions to the
project. Local financial commitment is evaluated on the basis
of adequate contingency funds, local funding sources for
capital and operations that are stable and reliable, the use of
private contributions and public-private partnerships, the
extent to which the local financial commit exceeds the required
match, and whether any elements of the total public
transportation system have been or will be financed without
federal funding. Each criteria is evaluated on a five-point
scale, and all criteria must be given comparable, but not
necessarily equal, numerical weight.
Subsection (e) sets the requirements and grant assistance
criteria for small start projects. Projects that require less
than $25 million in federal assistance under this section can
be exempt from the evaluation process, or can utilize special
warrants to expedite the project's advancement through the
evaluation process. Projects must be adopted as the locally
preferred alternative in local transportation plans and have a
local financial commitment that is stable and dependable.
Project benefits are evaluated on the basis of cost
effectiveness, mobility and accessibility benefits, congestion
relief, and economic development effects. The Secretary is
directed to assign a rating for each criterion on a five-point
scale based on the benefits of the project and local financial
commitment. The Secretary may execute an expedited grant
agreement to include a commitment to provide funding for the
project in future fiscal years if federal assistance cannot be
provided in a single grant. The Secretary is required to notify
the appropriate committees of Congress 10 days before making a
grant award or agreement. Small starts projects include
corridor-based bus projects if a majority of the project
operates in a separate right-of-way during peak operating
hours, or the project represents a substantial investment in a
defined corridor.
Subsection (f) exempts projects that have already entered
final design or that are under a letter of intent, early
systems work agreement or a full funding grant agreement before
the date of enactment from the new program requirements set
forth in subsections (d) and (e).
Subsection (g) defines the rules for issuing letters of
intent, full funding grant agreements, and early systems work
agreements. For both full funding grant agreements and early
system work agreements, repayment to the Government is required
if the applicant does not carry out the project for reasons
within the project sponsor's control. Before and after studies
are required for each project, in order to compare estimated
project costs, benefits, and ridership to actual data once the
project has been built. The subsection limits the amount of
contingent commitment authority for the post-authorization
period to be equal to the total of the last three fiscal years
of new start funding. Finally, this subsection requires a
Congressional notification period of 21 days when a full
funding grant agreement is to be entered into, and 10 days when
a letter of intent or early system work agreement is to be
entered into.
Subsection (h) directs the Secretary to estimate the net
capital project cost of a new fixed guideway capital project.
Grants shall be for 80 percent of the net capital project cost
unless the grant recipient requests a lower grant percentage.
However, project sponsors are incentivized to ``overmatch''
because it will improve the project's local financial
commitment rating.
Subsection (i) grants the Secretary the power to pay the
Government's share of the net capital project cost if the state
or local authority carries out any part of a project described
in this section without the aid of amounts of the Government
and according to all applicable procedures and requirements.
Subsection (j) establishes a period of availability for new
fixed guideway capital projects of 3 fiscal years after the
fiscal year in which the funds are appropriated. Unobligated
funds after such period shall be rescinded and deposited in the
General Fund of the Treasury for the sole use of deficit
reduction.
Subsection (k) requires the Secretary to submit to Congress
an annual report on funding recommendations for new start
projects. It also requires a biennial GAO review of the
Secretary's implementation of the fixed guideway capital
project evaluation and rating process.
Subsection (l) requires the Secretary to submit to Congress
a report containing a summary of the results of the before and
after studies required under subsection (g)(2)(C).
Subsection (m) sets aside $150 million for each of fiscal
years 2013 through 2016 for small start projects, with the
remainder allocated for new start projects.
Subsection (n) requires the Secretary to develop and
utilize special warrants to advance projects and provide
federal assistance under this section. Special warrants may be
utilized to advance new fixed guideway projects without
requiring evaluations and ratings.
Subsection (o) directs the Secretary to issue regulations
establishing new program requirements for the programs created
under this section with 240 days of enactment of the Public
Transportation Act of 2012.
Sec. 2007. Bus and bus facilities formula grants
This section amends 49 U.S.C. Sec. 5310. The previous
section 5310 program, formula grants for special needs of
elderly individuals and individuals with disabilities, has been
consolidated in the new coordinated access and mobility program
under 49 U.S.C. Sec. 5317. The new bus and bus facilities
formula grants program directly replaces the previous 49 U.S.C.
Sec. 5309 discretionary bus and bus facilities grants program
with a predictable formula, allowing states, transit agencies,
and local governments to more effectively plan for bus fleet
and facilities replacement and expansion.
The new section 5310 bus and bus facilities formula grant
programs gives the Secretary the authority to assist states and
local governmental authorities in financing capital projects to
construct bus-related facilities and replace, rehabilitate and
purchase buses and related equipment. Eligible recipients are
providers of public transportation in urbanized areas that
operate fixed route bus services but do not operate heavy rail,
commuter rail, or light rail services. The effect of this
limitation on eligibility is to direct more of the funding
under this program to suburban and small urban systems. A
recipient that receives a grant may allocate it to
subrecipients that are public agencies, private companies, or
private nonprofit organizations.
Grants under this section shall be distributed on a formula
basis as provided in 49 U.S.C. Sec. 5336 (other than subsection
(b)). Capital project grants shall be for 80 percent of the net
project cost of the project, though the recipient may provide
additional local matching amounts.
Grants apportioned under this section are available for
three years after the fiscal year in which the grant is
apportioned, and grant funds that remain unobligated at the end
of that period may be reapportioned the following fiscal year.
The chief executive officer of a state may transfer any
part of the state's funds made available under this section to
urbanized areas of less than 200,000 in population or to rural
areas in the state. Urbanized areas with a population of at
least 200,000 may transfer a part of its grant funds to the
chief executive officer of a state.
49 U.S.C. Sec. 5302, Sec. 5318, Sec. 5323(a)(1),
Sec. 5323(d) and (f), Sec. 5332, and Sec. 5333 all apply to
this section and to a grant made with funds apportioned under
this section.
Sec. 2008. Rural area formula grants
This section amends 49 U.S.C. Sec. 5311, formerly known as
formula grants for other than urbanized areas. Subsection (b)
sets forth program goals. Subsection (c) amends the rural
transit assistance program, which provides onsite technical
assistance to local and regional governments and agencies in
rural areas, to require that contracts be competitively
selected. Subsection (d) amends the apportionment formula to
states, providing that 70 percent of funds be apportioned
according to a state's rural population in ratio to the entire
country's rural population; 20 percent be apportioned according
to a state's rural land area in ratio to the entire country's
rural land area; and 10 percent be apportioned according to
service factors, including ridership and revenue vehicle miles.
Apportioning a small percentage of funds according to service
factors will incentivize states to improve rural transit system
performance. Subsection (f) decreases the amount of grant funds
under this section that a state can use for administrative
expenses, planning, and technical assistance from 15 percent to
10 percent.
Subsection (h) amends subsection 5311(g) regarding
Government's share of costs. The new provision allows states to
use private intercity bus operator capital cost contributions
towards feeder bus service and connecting unsubsidized
intercity bus route segments as local match for intercity bus
service carried out within a state and supported by funding
under this section. This provision codifies a pilot program
that has been carried out by the FTA since 2006, and will help
states retain effective intercity bus routes, especially in
rural areas.
Sec. 2009. Transit research
This section consolidates transit research programs
currently spread through 49 U.S.C. Sec. 5312, Sec. 5313,
Sec. 5314, and Sec. 5315 into a single transit research
authorization. Amounts made available under 49 U.S.C.
Sec. 5338(c) for transit research under this section and for
technical assistance and training under 49 U.S.C. Sec. 5322 are
available to the Secretary for grants, contracts, cooperative
agreements, or other agreements. The Secretary is authorized to
establish a Government share of project costs that is
consistent with potential financial benefits to an entity under
a research grant or contract. The transit cooperative research
program formerly authorized under section 5313 is authorized in
the new subsection (c). The National Transit Institute formerly
authorized under 49 U.S.C. Sec. 5315 is now authorized as a
competitive program under 49 U.S.C. Sec. 5322.
Sec. 2010. Coordinated access and mobility program formula grants
This section amends 49 U.S.C. Sec. 5317 by consolidating
three existing human service transportation formula grant
programs into a single, flexible program. The 49 U.S.C.
Sec. 5310 formula grants for special needs of elderly
individuals and individuals with disability, 49 U.S.C.
Sec. 5316 job access and reverse commute formula grants
program, and 49 U.S.C. Sec. 5317 New Freedom program are
combined in the new Coordinated Access and Mobility Program
(CAMP), which provides grants to states and designated
recipients in urban areas with flexible human service
transportation funding with consistent program eligibilities
and requirements.
Subsection (a) includes definitions applicable to this
section. Subsection (b) establishes the goals of the CAMP
program. Subsection (c) lays out the general authority for
grants made under this section, which are to provide public
transportation services that meet the special transportation
needs of elderly and disabled individuals, including new
transit services that exceed the requirements of the Americans
with Disabilities Act, and for job access and reverse commute
transportation services.
Subsection (d) outlines the formula distribution of funds
to grant recipients: 50 percent among designated recipients for
urbanized areas with a population of 200,000 or more, 25
percent to states to serve areas populations of less than
200,000, and 25 percent to states to serve rural areas. The
Governor of a state may make exceptions if he can certify that
all of the objectives of this section are being met in the
specified area. The Secretary may establish a minimum
apportionment for states and territories.
Subsection (e) establishes a competitive grant process for
states and urbanized area recipients of funds. Funds to carry
out the activities selected to be funded under this competitive
process can be allocated to subrecipients, including nonprofit
organizations and private companies. Transportation services
for the elderly and people with disabilities are to be carried
out by nonprofit organizations or private companies unless a
public agency is approved by the grant recipient to coordinate
such transportation services, or the public agency certifies
nonavailability of nonprofit or private providers of
transportation. This is consistent with current law
eligibilities under 49 U.S.C. Sec. 5310(a)(2).
Subsection (f) directs the Secretary to apply grant
requirements for the CAMP program that are consistent with the
requirements of 49 U.S.C. Sec. 5310, Sec. 5316, and Sec. 5317
as such sections were in effect before enactment. Subsection
(g) lays out requirements that the national CAMP program and
activities carried out at the local level that are funded
through the CAMP program shall be coordinated with human
service transportation activities funded through other federal
departments and agencies. Subsection (h) establishes the
federal share for the grant program, with capital projects
eligible to use federal funds for 80 percent of the net capital
costs of the project and operating assistance capped at 50
percent of the net operating costs of the project. The federal
lands program sliding scale is applied to this federal match,
meaning that states with large federal lands holdings have a
slightly higher federal match.
Subsections (i) and (j) carry over current law language
from 49 U.S.C. Sec. 5310 regarding leasing vehicles and meal
delivery for homebound individuals. Subsection (k) directs the
Comptroller General to conduct two studies evaluating the CAMP
grant program and submit the results to Congress, two and four
years after enactment, respectively. The GAO studies shall
include an analysis and description of how CAMP program grant
activities are coordinated with transportation activities
carried out with grants to state and community programs on
aging that are authorized under Title III of the Older
Americans Act of 1965.
The Committee expects FTA to continue its practice of
providing maximum flexibility to job access projects that are
designed to meet the needs of individuals who are not
effectively served by public transportation. The Committee
recognizes the value of car loan and acquisition programs to
improve access to jobs and services, including education and
job training activities, and directs FTA to ensure the
continued eligibility of car loan programs.
Sec. 2011. Training and technical assistance programs
This section amends 49 U.S.C. Sec. 5322 by consolidating
the authorization for national technical assistance. Subsection
(c) incorporates the national training program under the
National Transit Institute, formerly authorized under 49 U.S.C.
Sec. 5315, allowing the Secretary to competitively award grants
or enter into contracts with a public university to establish a
National Transit Institute to support training and educational
programs for public transportation employees. Subsection (d)
allows the Secretary to enter into competitively selected
contracts or cooperative agreements to provide public
transportation-related technical assistance in the areas of
Americans with Disabilities Act compliance, coordinated human
service transportation, meeting the transportation needs of the
elderly, and additional areas of technical assistance, mobility
management services, support services, training, and research
that the Secretary determines will assist public transportation
providers in meeting the goals of this section. Subsection (e)
directs training and outreach programs and technical assistance
to be paid for with funds authorized under 49 U.S.C.
Sec. 5338(c).
Sec. 2012. General provisions
Subsection (a) amends 49 U.S.C. Sec. 5323(i) regarding the
Government's share of costs for certain projects. A new
paragraph (3) is added to this subsection that will incentivize
a greater use of vanpool services by: (1) allowing public
transit agencies and local governments to use vanpool passenger
fare revenue in excess of operating costs as matching funds for
federal transit grant funds, and (2) by allowing private
vanpool operators to use passenger fare revenues in excess of
operating costs for the acquisition of additional van equipment
if the vans will be used only within the federal grant
recipient's transportation service area. A new paragraph (4) is
added to this subsection that incentivizes competitive
contracting in public transportation by allowing a 90 percent
federal share for federal transit capital grants if the transit
agency or grant recipient competitively contracts at least 20
percent of its fixed route bus service. A maintenance of effort
clause ensures that state and local funding for transit
services must be maintained at a level at least equal to the
average of the previous 3 fiscal years.
According to Transportation Research Board Special Report
258, ``Contracting for Bus and Demand-Responsive Transit
Services'', 60 percent of federal transit funding recipients
provide some portion of transit services through contract.
Overall, contracting is much more common in demand-response
human service transportation (76 percent) than in fixed-route
bus service (15 percent). Additionally, about one-third of
commuter rail services are contracted out. Based on National
Transit Database reporting, the cost savings from privately
contracted services are substantial. On average, the operating
cost per revenue mile for contracted fixed route bus service is
$6.25, compared to $9.79 for directly operated service, a 36
percent cost savings. Competitive contracting can be a tool to
maximize the value of federal investment in public
transportation and help preserve needed transit services. The
competitive contracting incentive language under section
5323(i)(4) does not in any way alter applicable labor
protection requirements under this chapter.
Subsection (b) adds a new subsection (q) to 49 U.S.C.
Sec. 5323, requiring grant recipients to provide reasonable
access for intercity and charter transportation operators to
public transportation facilities, including intermodal
facilities, park and ride lots, and bus-only highway lanes.
Subsection (c) addresses an exemption from the general
prohibition on public transportation agencies providing charter
bus operations in competition with private bus operators under
49 U.S.C. 5323(d). For the last 3 fiscal years, a single public
transit agency has been exempted from enforcement of the
charter bus prohibition by a legislative general provision in
the annual appropriations bill. This subsection provides that,
if the Secretary is prohibited by law from enforcing the
charter prohibition, a transit agency covered under this
exemption shall be precluded from receiving its urbanized area
formula grant funds for that fiscal year.
Sec. 2013. Contract requirements
This section amends 49 U.S.C. Sec. 5325(h) by striking
``Federal Public Transportation Act of 2005'' and inserting
``Public Transportation Act of 2012''.
Sec. 2014. Veterans preference in transit construction
This section amends 49 U.S.C. Sec. 5325 regarding contract
requirements by adding a new subsection (k) requiring grant
recipients to ensure that contractors utilizing federal transit
grant funds give a hiring preference to veterans who have the
requisite skills and abilities to perform the construction work
required under the contract.
Sec. 2015. Private sector participation
This section amends chapter 53 of title 49, U.S.C. by
including new language regarding private sector participation
in public transportation. Under subsection (b), the Secretary
is directed to take actions to promote better coordination
between public and private sector providers of public
transportation, by providing technical assistance to grant
recipients on practices and methods to best utilize private
providers and educating recipients on federal transit laws and
regulations that impact private providers. Under subsection
(c), upon request by a new start project sponsor, the Secretary
is directed to provide technical assistance for alternative
project delivery methods, including identifying best practices
for public-private partnerships (P3's), development of standard
P3 model contracts, and performing financial assessments to
calculate the public and private benefits of a P3 transaction.
Subsection (c) requires the Secretary to identify
provisions of chapter 53 of title 49, U.S.C. that impede
greater use of P3's and private investment in public
transportation, and to procedures and approaches to address
such impediments in a manner similar to FHWA's SEP-15
initiative. The Secretary is required to issue a rulemaking
implementing the procedures and approaches developed under this
new initiative, and to report to Congress four years after
enactment on the status of the procedures and approaches
developed and implemented under this subsection.
Subsection (d) requires the Comptroller General to submit a
comprehensive report to Congress on the effect of contracting
out public transportation operations and administrative
functions on cost, availability and level of service,
efficiency, and quality of service. This report shall be
submitted to Congress one year after enactment.
Subsection (e) requires the Secretary to publish guidance
in the Federal Register one year after enactment that describes
for federal transit recipients the best way to document
compliance with requirements regarding private enterprise
participation in public transportation planning and
transportation improvement programs.
Sec. 2016. Project management oversight
This section amends 49 U.S.C. Sec. 5327(c)(1) by adding 2
new paragraphs to the end. New project management oversight
(PMO) set-asides are established: 1 percent PMO set-aside for
the fixed guideway modernization program under 49 U.S.C.
Sec. 5337, which is consistent with the current law set-aside
for this program under 49 U.S.C. Sec. 5309; and a 0.75 percent
PMO set-aside for the CAMP program under 49 U.S.C. Sec. 5317.
Sec. 2017. State safety oversight
This section amends 49 U.S.C. Sec. 5330(b). It allows the
Secretary to require that up to 100 percent of the amount made
available in a state or urbanized area under 49 U.S.C.
Sec. 5307 be utilized on capital safety improvement and state
of good repair projects on the state or urbanized area's fixed
guideway transit systems before any other transit capital
project is undertaken if the state has not met certain
requirements. The requirements are that there be a state safety
oversight agency (SSOA) that has been certified by the
Secretary as meeting standards of adequate technical capacity,
personnel resources, and authority under relevant state laws to
successfully perform safety oversight for rail transit systems
in the state.
Sec. 2018. Apportionment of appropriations for formula grants
Subsection (a) amends 49 U.S.C. Sec. 5336(i) to modify the
apportionment amounts of urbanized area formula grant funds.
The set-aside for small transit intensive cities (transit
systems that exceed the national average in service factors
such as ridership and vehicle revenue miles) is increased to a
2 percent set-aside. An additional 1 percent of the urbanized
area formula grants program funding is set aside for
apportionment to SSOAs in states that have rail transit systems
not otherwise under the oversight of the FRA (e.g. light rail
and subway systems, but not commuter rail systems).
Subsection (b) adds a new subsection (k) to the end of 49
U.S.C. Sec. 5336, authorizing the state safety oversight
formula. Under this authorization, federal funds will be
directly apportioned to SSOAs on the basis of a formula to be
established by the Secretary that takes into account service
factors such as vehicle revenue miles, route miles, and
passenger miles. Funds may be used by SSOAs for operational and
administrative expenses, including employee training, to assist
the SSOA in carrying out its safety oversight responsibilities.
The Secretary is required to certify whether each SSOA has met
the standards of adequate technical capacity, personnel
resources, and authority under relevant state laws to
successfully perform safety oversight for rail transit systems
in its state. If certification is denied, the Secretary can
require that up to 100 percent of the amount made available for
use in a state or urbanized area under 49 U.S.C. Sec. 5307 be
utilized on capital safety improvement and state of good repair
projects on the state's rail transit systems before any other
transit capital project is undertaken. An annual report from
the Secretary is required, including amounts of funds
apportioned under this authorization and the certification
status of each SSOA, including what steps an agency that has
been denied certification must take to be so certified.
Sec. 2019. Fixed guideway modernization formula grants
This section amends 49 U.S.C. Sec. 5337 by inserting two
new subsections to establish the general authority and program
goals of the fixed guideway modernization program. A new
subsection 5337(i) is added to end of the section that
establishes procedures to be followed if recipients undertake a
fixed guideway modernization project in advance, consistent
with current law.
Sec. 2020. Authorizations
This section amends FTA program authorizations under 49
U.S.C. Sec. 5338. In subsection (a), apportionments for formula
and bus programs are authorized. For each of fiscal years 2013
through 2016, $8,400,000,000 is available from the Alternative
Transportation Account to carry out metropolitan and state
transportation planning (49 U.S.C. Sec. 5305), urbanized area
formula grants (49 U.S.C. Sec. 5307), bus and bus facilities
formula grants (49 U.S.C. Sec. 5310), rural area formula grants
(49 U.S.C. Sec. 5311), coordinated access and mobility program
formula grants (49 U.S.C. Sec. 5317), bus testing (49 U.S.C.
Sec. 5318) state safety oversight (49 U.S.C. Sec. 5330),
national transit database activities (49 U.S.C. Sec. 5335), and
fixed guideway modernization formula grants (49 U.S.C.
Sec. 5337).
Subsection (b) authorizes $1,955,000,000 annually for
capital investment grants (new start and small start projects)
under 49 U.S.C. Sec. 5309(m)(2) for fiscal years 2013 through
2016, to be appropriated from the General Fund of the Treasury.
Subsection (c) authorizes $45,000,000 annually for
research, training and outreach, and technical assistance
projects under 49 U.S.C. Sec. 5312 and Sec. 5322 for fiscal
years 2013 through 2016, to be appropriated from the General
Fund of the Treasury.
Subsection (d) authorizes $98,000,000 annually for FTA
administrative expenses under 49 U.S.C. Sec. 5326 and Sec. 5334
for fiscal years 2013 through 2016, to be appropriated from the
General Fund of the Treasury.
Subsection (e) states that activities under this chapter
that are financed with amounts made available from the
Alternative Transportation Account of the Highway Trust Fund
are contractual obligations of the Government, commonly
referred to as contract authority. Activities under this
chapter financed with amounts appropriated from the General
Fund of the Treasury are contractual obligations of the
Government only to the extent that amounts are appropriated for
such purpose in the annual appropriations process.
Sec. 2021. Obligation limits
This section sets a total annual obligation limitation for
amounts made available from the Alternative Transportation
Account and amounts from the General Fund of the Treasury not
to exceed $10,498,000,000 for each of fiscal years 2013 through
2016. Not more than $8,400,000,000 shall be from the
Alternative Transportation Account.
Sec. 2022. Program elimination and consolidation
This section repeals and amends current-law FTA programs.
Repeals or amendments made by this section do not affect funds
made available before the effective date of the repeal. The
following programs are repealed or amended:
49 U.S.C. Sec. 5308, Clean Fuels Discretionary
Grant Program, is repealed.
49 U.S.C. Sec. 5327(c) and 49 U.S.C.
Sec. 31138(e)(4) are amended to conform citations within the
subsection.
49 U.S.C. Sec. 5311(c)(1), Public Transportation
on Indian Reservations, is repealed.
49 U.S.C. Sec. 5313, Transit Cooperative Research
Program, is repealed.
49 U.S.C. Sec. 5314, National Research Programs,
is repealed.
49 U.S.C. Sec. 5315, National Transit Institute,
is repealed.
49 U.S.C. Sec. 3519, Bicycle Facilities, is
amended by striking the last sentence.
49 U.S.C. Sec. 5316, Job Access and Reverse
Commute Formula Grants, is repealed.
49 U.S.C. Sec. 5320, Paul S. Sarbanes Transit in
the Parks Program, is repealed.
49 U.S.C. Sec. 5323(e)(4), Debt Service Reserve
Pilot Program, is repealed.
49 U.S.C. Sec. 5328, Project Review, is amended by
striking subsection (c), Program of Interrelated Projects.
49 U.S.C. Sec. 5339, Alternatives Analysis, is
repealed.
49 U.S.C. Sec. 5340, Apportionments based on
growing states and high density states formula factors, is
repealed.
Section 3009 of SAFETEA-LU is amended by striking
subsection (i), Contracted Paratransit Pilot program.
Section 3012(b) of SAFETEA-LU, Elderly Individuals
and Individuals with Disabilities Pilot Program, is repealed.
Section 3045 of SAFETEA-LU, National Fuel Cell Bus
Technology Development Program, is repealed.
Section 3046 of SAFETEA-LU, Allocations for
National Research and Technology Programs, is repealed.
Section 3038 of TEA-21, Over-the-Road Bus
Accessibility Program, is repealed.
Sec. 2023. Evaluation and report
This section requires the Comptroller General to evaluate
the progress and effectiveness of FTA's assistance to grant
recipients in complying with the prohibition under 49 U.S.C.
Sec. 5332(b) against discrimination on the basis of race,
color, creed, national origin, sex or age under any project,
program or activity receiving federal transit funds. The report
shall describe FTA's ability to address discrimination and
foster equal opportunities in federally-funded transit projects
and programs, and recommend improvements if necessary.
Sec. 2024. Transit Buy America provisions
This section amends 49 U.S.C. Sec. 5323(j) by adding two
new paragraphs to the Buy America requirements for federally-
funded transit projects. Paragraph (10) applies the Buy America
requirements to all contracts for a project that are within the
scope of the project's NEPA determination, regardless of
whether all elements of the project within such scope involve
federal transit funds. Paragraph (11) sets additional
requirements for FTA waivers of transit Buy America
requirements, including full notice and comment opportunity and
a detailed justification for any waiver that addresses the
public comments received. Such justification shall be published
before the waiver takes effect.
TITLE III--ENVIRONMENTAL STREAMLINING
The American Energy and Infrastructure Jobs Act of 2012
streamlines the environmental review process in order to speed
up project delivery and greatly reduce the time it takes to
complete infrastructure projects. The Act refines and expands
upon previous streamlining efforts to help deliver
infrastructure projects and programs more quickly with better
outcomes:
Sec. 3001. Amendments to title 23, United States Code
This section provides that all repeals or amendments to
sections or provisions in title III of the bill shall be to
title 23, United States Code.
Sec. 3002. Declaration of policy
This section amends 23 U.S.C. Sec. 101(b) to make it clear
that it is in the national interest to expedite the delivery of
surface transportation projects by substantially reducing the
average length of the environmental review process.
Sec. 3003. Exemption in emergencies
This section exempts the reconstruction of a road, highway,
or bridge damaged by a declared emergency or disaster from a
NEPA and other specified environmental review, approval,
licensing, and permit requirements if the reconstruction is in
the same location with the same specifications as the facility
had before it was damaged.
Sec. 3004. Advance acquisition of real property interests
This section amends 23 U.S.C. Sec. 108 to permit states to
acquire real property interests for a project using their own
funds and at their own risk before the completion of NEPA
without jeopardizing subsequent approval of the project. The
acquisition is eligible for federal reimbursement once the
project is approved. In addition, this section adds a new
subsection (d) to allow states to acquire real property
interests for a project using federal funds once a NEPA review
is complete for the acquisition. This section also adds a new
subsection (e) that encourages corridor preservation to reduce
project costs, project delay, and impacts on the community.
Sec. 3005. Standards
This section amends 23 U.S.C. Sec. 109 to allow detailed
design prior to NEPA completion at the state's expense for
traditional design-bid-build projects. The design work is
eligible for federal reimbursement once the project is
approved.
Sec. 3006. Letting of contracts
This section amends 23 U.S.C. Sec. 112 to allow detailed
design prior to NEPA completion at the state's expense for
design-build projects. The design work is eligible for federal
reimbursement once the project is approved. This section also
authorizes the use of the construction manager/general
contractor method of contracting in the federal-aid highway
program.
Sec. 3007. Elimination of duplication in historic preservation
requirements
This section amends 23 U.S.C. Sec. 138 and 49 U.S.C.
Sec. 303 to allow approvals and clearances for historic
property secured by a transportation project sponsor under
section 106 of the National Historic Preservation Act to meet
the historic preservation requirements in section 4(f) of the
U.S. Department of Transportation Act of 1966.
Sec. 3008. Funding threshold
This section amends 23 U.S.C. Sec. 139(b) to set the
minimum threshold for federal funding to trigger environmental
reviews under NEPA. Federal funding triggers federal
environmental reviews only where there is a substantial level
of federal involvement. The de minimis threshold is defined in
two ways: (1) as a total amount (more than $10,000,000) and (2)
as a percentage of total project costs (16% or more).
Sec. 3009. Efficient environmental reviews for project decision making
This section further amends 23 U.S.C. Sec. 139 to eliminate
duplication by providing a single system to review decisions
and reduce bureaucratic delay by setting deadlines for the
completion of environmental reviews. Section 139, added in
SAFETEA-LU, established a new ``environmental review process''
for all projects for which an environmental impact statement
(EIS) is prepared by the USDOT. This process remains vulnerable
to delay. This section amends section 139 to further streamline
the environmental review process. More specifically, this
section amends the following subsections of section 139:
Section 139(b) is amended to permit the Secretary, at the
request of the state, to modify the review procedures under
section 139 to encourage the use of programmatic approaches and
strategies to meet environmental program and permit
requirements.
Section 139(c) is amended to strengthen the role of lead
agencies in the environmental review process. In cases where
approval is required from multiple modal administrations within
DOT, the Secretary shall designate a single modal
administration as the lead federal agency.
Section 139(d) is amended to require each participating and
cooperating agency to carry out its project review process
concurrently, rather than consecutively, with the NEPA process.
Section 139(e) is amended to streamline the project
initiation process by eliminating the requirement for the
project sponsor to submit a project initiation notice.
Section 139(f) is amended to narrow the range of
alternatives to be considered for a project. In addition, this
section limits the comments of participating agencies to their
area of authority and expertise. This section also prohibits an
agency from reevaluating impacts that have been previously
evaluated in prior environmental documents. This section
promotes effective decision-making by requiring other federal
agencies to accept the purpose and need and range of
alternatives as determined by the lead agency if they do not
object within a defined comment period.
Section 139(g) is amended to set deadlines for decisions of
participating agencies under other environmental laws. If an
agency does not meet a deadline, the project is deemed approved
by that agency. Additionally, this section adds a new
subsection (i) to streamline the process by condensing the
final environmental impact statement and combining it with the
record of decision.
The new section 139(j) prohibits an agency from requiring a
supplemental environmental review once a record of decision or
finding of no significant impact is made unless there are
changes to the project, new information available or changes in
circumstances that would result in new significant impacts that
were not previously evaluated. In addition, the Secretary may
only require a reevaluation of a document prepared under NEPA
if there are substantial changes to the project that would
result in new significant impacts that were not previously
evaluated. Additionally, the Secretary may not require the
record of decision to be changed solely because the project is
no longer a priority for funding.
Subsection (m) requires the Secretary to implement this
section and establish methodologies and procedures for
evaluating impact of transportation projects subject to this
section within 1-year of enactment of this Act.
Section 139(n) is amended to require the filing of a claim
for judicial review within 90 days of a final action under
NEPA.
Finally, this section adds a new subsection (o) to place
limitations on judicial review.
Sec. 3010. Disposal of historic properties
This section amends 23 U.S.C. Sec. 156 to allow state
transportation departments to sell surplus property that is not
listed on the National Register of Historic Places without
having to consider the sale an adverse impact. State
transportation departments would still have to consider the
adverse impact of properties that are listed on the Register;
however, properties that are eligible but not actually on the
Register would not require the analysis.
Sec. 3011. Integration of planning and environmental review
This section adds a new section 167 to title 23, U.S.C.
that promotes the integration of planning and the environmental
review process by allowing environmental decisions made in the
planning process to be carried forward into the NEPA process.
In addition, this section promotes programmatic approaches by
clarifying the authority for programmatic approaches and
strategies rather than project-by-project reviews.
Sec. 3012. Development of programmatic mitigation plans
This section adds a new section 168 to title 23, U.S.C that
improves process efficiency and funding flexibility for early
or advanced mitigation and encourages mitigating impacts to
natural resources at the program level.
Sec. 3013. State assumption of responsibility for categorical
exclusions
This section amends 23 U.S.C. Sec. 326 to allow the
assignment of responsibility for all categorical exclusions to
the states. Additionally, it allows the states to assume USDOT
responsibilities without reducing the flexibility to use other
project delivery methods, such as acquiring real property
interests and performing design work prior to the completion of
the NEPA process.
Sec. 3014. Surface transportation project delivery program
This section amends 23 U.S.C. Sec. 327 to make permanent
the existing environmental delegation pilot program and allow
all states the option to participate. Additionally, it allows
the states to assume USDOT responsibilities without reducing
the flexibility to use other project delivery methods, such as
acquiring real property interests and performing design work
prior to the completion of the NEPA process. It clarifies that
a state can assume USDOT's responsibility for making conformity
determinations under the Clean Air Act, along with all other
environmental review responsibilities.
Sec. 3015. Program for eliminating duplication of environmental reviews
This section adds a new section 331 to title 23, U.S.C.
that eliminates duplication of environmental reviews by
allowing states to use state environmental requirements in the
place of federal requirements as long as the state's
environmental requirements meet or exceed federal requirements.
The Committee expects that this program will provide
opportunities to expedite transportation project delivery by
eliminating duplicative state and federal environmental review
procedures. The Secretary will be responsible for determining
whether the alternative environmental review and approval
procedures of the state are substantially equivalent to
applicable federal laws and regulations. Furthermore, it is the
Committee's expectation that units of local government and
local transportation agencies that are responsible for carrying
out the environmental review process required by state law will
be permitted to participate in this program.
Sec. 3016. State performance of legal sufficiency reviews
This section adds a new section 332 to title 23, U.S.C.
that allows a state to self-certify the legal sufficiency of a
NEPA document for a federal-aid highway project. Additionally,
this provision would allow FHWA in certain circumstances to
conduct its own independent legal sufficiency review.
Sec. 3017. Categorical exclusions
This section classifies projects in the right-of-way as
categorical exclusions under NEPA.
Sec. 3018. Environmental review process deadline
This section requires the completion of the environmental
review process within 270 days after the project initiation
notice is published.
Sec. 3019. Relocation assistance
This section streamlines the relocation process by
requiring the Secretary to establish an alternative relocation
payment process to allow a lump-sum payment for acquisition and
relocation where elected by the displaced occupant. The payment
would be based upon just compensation for property acquired and
estimated eligible relocation benefits calculated in accordance
with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970. In addition, this section
amends the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 to update assistance amounts
based on inflation.
TITLE IV--TRANSPORTATION PLANNING
Sec. 4001. Transportation planning
Subsection (a) inserts a new Chapter 52--Transportation
Planning--in title 49 of the United States Code. Chapter 52
consolidates the metropolitan and state planning provisions of
titles 23 and 49 to provide a common transportation planning
program to be administered by the FHWA and FTA. More
specifically section 4001 adds the following sections to
Chapter 52 of title 49:
CHAPTER 52_TRANSPORTATION PLANNING
Sec. 5201. Policy
This section combines the policy provisions of 23 U.S.C.
Sec. 134 and 49 U.S.C. Sec. 5303. In addition, the section
clarifies that the intent of this new chapter is to provide a
common transportation planning program to be administered by
FHWA and FTA.
Sec. 5202. Definitions
This section combines the definition provisions of 23
U.S.C. Sec. 134 and 49 U.S.C. Sec. 5303. This section defines
regional transportation planning organization.
Sec. 5203. Metropolitan Transportation Planning
This section combines the existing language in 23 U.S.C.
Sec. 134 and 49 U.S.C. Sec. 5303.
``23 U.S.C. Sec. 5203(a). General Requirements
This subsection ensures that when the plans and
transportation improvement programs of a metropolitan area
provide for the development and integrated management and
operation of transportation systems and facilities, those
facilities include intermodal facilities that support intercity
transportation, and intercity bus and intercity bus facilities.
``23 U.S.C. Sec. 5203(b). Designation of metropolitan
planning organizations
This subsection changes the population threshold for the
designation of a metropolitan planning organization from 50,000
to 100,000 individuals. This subsection also restores language
to allow the designation of a metropolitan planning
organization to be revoked by agreement among the Governor and
units of general purpose local government which together
represent at least 75 percent of the affected population or as
otherwise provided under state or local procedures.
``23 U.S.C. Sec. 5203(d). Coordination of multistate areas
This subsection repeals the Tahoe Regional Planning
Process.
``23 U.S.C. Sec. 5203(f). Scope of planning process
This subsection directs metropolitan planning organizations
to consider projects and strategies that support the economic
vitality of the metropolitan area, increase the safety and
security of the transportation system, increase the
accessibility and mobility of people and for freight, protect
and enhance the environment, enhance the integration and
connectivity of the transportation system, promote efficient
system management and operation, emphasize preservation and
support intermodal facilities and facilitate regional growth as
part of the planning process. The Committee believes access to
natural resources essential to the built environment is
important to economic vitality and should be considered in the
planning process. The failure of a metropolitan planning
organization to consider the listed factors may not be reviewed
by any court.
``23 U.S.C. Sec. 5203(g). Development of long-range
transportation plan
This subsection requires the metropolitan planning
organization in formulating the long-range transportation plan
to consider factors, including other relevant data and factors
disseminated by the Secretary under the National Strategic
Transportation Plan requirements in section 5205(b). It also
directs the metropolitan planning organization to consider the
role of intercity buses as part of developing a long-range
transportation plan.
``23 U.S.C. Sec. 5203(h). Metropolitan TIP
This subsection includes intermodal facilities that support
intercity transportation as a part of the publication of annual
listings of projects. In addition, this subsection allows a
Governor to modify the transportation improvement program if
the state and metropolitan planning organization cannot agree
on an Interstate project of statewide significance. This
subsection also directs the metropolitan planning organization
to modify the long-range transportation plan to be consistent
with the transportation improvement program.
Sec. 5204. Statewide transportation planning
This section combines the language from 23 U.S.C. Sec. 135
and 49 U.S.C. Sec. 5304.
``23 U.S.C. Sec. 5204(a). General requirements
This subsection ensures that when the plans and
transportation improvement programs of a state provide for the
development and integrated management and operation of
transportation systems and facilities, those facilities include
intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities.
``23 U.S.C. Sec. 5204(e). Additional requirements
This subsection strengthens the requirement for states to
partner with rural local officials or regional transportation
planning organizations by requiring cooperation instead of only
consideration of their concerns.
``23 U.S.C. Sec. 5204(f). Statewide strategic long-range
transportation plan
This subsection lists the requirements for a statewide
strategic long-range transportation plan, including requiring
states to:
consider data and factors disseminated by
the Secretary under the National Strategic
Transportation Plan requirements in section 5205(b),
identify transportation projects that are of
statewide, regional, and national importance and
estimates of the costs of those projects,
for states that have an airport with at
least 1 percent of all delayed aircraft operations in
the United States, include measures to alleviate
congestion at that airport,
for states with rail corridors that are at
or exceed capacity, include measures to relieve
congestion in its freight rail corridors,
for states with deep draft ports, take into
account projected expansion and increase in shipping
traffic at those ports,
for states with navigable inland waterways,
include plans to facilitate transportation using
navigable inland waterways,
in developing plan, ensure interconnectivity
between facilities and modes.
This subsection requires the statewide strategic long-range
transportation plan to be developed in cooperation with
affected local officials of nonmetropolitan areas with
responsibility for transportation or, if applicable, through
regional transportation planning organizations. This subsection
directs the plan to consider the role intercity buses play in
reducing congestion, pollution, and energy consumption in a
cost-effective manner and the strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated.
``23 U.S.C. Sec. 5204(g). Statewide transportation
improvement program
This subsection requires the state to develop the
transportation improvement program in cooperation with local
officials of nonmetropolitan areas with responsibility for
transportation or, if applicable through regional
transportation planning organizations.
``23 U.S.C. Sec. 5204(k). Designation of regional
transportation planning organizations
The bill adds subsection (k) authorizing a state to
establish and designate regional transportation planning
organizations in order to enhance the planning, coordination,
and implementation of statewide strategic long-range
transportation plans and programs. This subsection requires the
structure of a regional transportation planning organization to
be a multi-jurisdictional, voluntary organization of
nonmetropolitan local officials. This subsection lays out the
minimum requirements for a regional transportation planning
organizations including, a policy committee and a fiscal and
administrative agent. Additionally, this subsection lists the
duties of a regional planning organization. For states that do
not establish a regional transportation planning organization,
the state is required to consult with local officials to
determine projects that may be of regional significance.
Sec. 5205. National strategic transportation plan
Section 5205 is added to ensure the Secretary, in
consultation with state departments of transportation, develop
a national strategic transportation plan.
Sec. 5206. National performance management system
Section 5206 requires the Secretary to establish a national
performance management system to track the nation's progress
toward broad national performance goals for the nation's
highway and transit systems. The Secretary is directed to
establish core performance measures in collaboration with the
states, metropolitan planning organizations, and public
transportation agencies. States are directed to establish
performance targets in their long-range transportation plan.
Sec. 4002. Special rules for small metropolitan planning organizations
This section grandfathers in as a metropolitan planning
organization those organizations in an urbanized area with a
population between 50,000 and 100,000.
Sec. 4003. Financial plans
This section directs the Secretary to revise the planning
regulations relating to financial plan requirements.
Sec. 4004. Plan update
This section requires states to update their statewide
strategic long-range transportation plan to comply with the
amended planning requirements.
Sec. 4005. State planning and research funding for title 23
This section amends 23 U.S.C. Sec. 505 to include research
activities related to intercity bus systems as an eligible
expenditure under the state planning and research program.
Sec. 4006. National academy of sciences study
This section directs the Secretary to enter into
arrangements with the National Academy of Sciences to conduct a
study on the implementation of the performance measurement
process.
TITLE V--HIGHWAY SAFETY
Sec. 5001. Amendments to title 23, United States Code
All repeals or amendments to sections or provisions in this
title shall be made to title 23, United States Code.
Sec. 5002. Authorization of appropriations
This section authorizes appropriations out of the Highway
Trust Fund for section 402, section 303 of title 49 and
administrative and operating expenses for the National Highway
Traffic Safety Administration (NHTSA) to carry out chapter 4 of
title 23. Amounts made available for chapter 4 of title 23 can
only be used to carry out the programs in chapter 4 and cannot
be used for construction purposes, unless otherwise provided.
Funds made available by this section shall be available for
obligation and administered in the same manner as chapter 1 of
title 23.
Sec. 5003. Highway safety programs
Subsection (a) amends 23 U.S.C. Sec. 402(a). Subsection (a)
requires each state to have a highway safety program.
Guidelines are established for each state's highway safety
program. The program requires each state to have an effective
record system of traffic crash information and requires the
state program be applicable to federally administered areas.
Subsection (b) amends 23 U.S.C. Sec. 402(b). Subsection (b)
changes ``national law enforcement mobilizations'' to a broader
term. New subparagraphs (F), (G) and (H) are added at the end
of subsection (b)(1) to incorporate requirements for highway
safety data and traffic records systems as part of each state's
highway safety program. Subsection (b)(3) is removed.
Subsection (c) amends 23 U.S.C. Sec. 402(c). Subsection (c)
changes the apportionment formula to reward states that have
primary enforcement safety belt laws, ignition interlock laws,
and graduated driver's licensing laws with more apportionment
funds. Each state with a highway safety improvement program
receives apportioned funds based on population and road
mileage. Paragraph (3) establishes minimum apportionment
criteria for states, the Secretary of the Interior and the U.S.
territories. Paragraph (4) establishes approval criteria for
each state's highway safety program for the Secretary. If a
state has more than 0.5 alcohol impaired driving fatalities per
100,000,000 vehicle miles traveled for the most recent 3 year
period, that state is required to spend a percentage of their
apportionment on projects and activities addressing impaired
driving. States are prohibited from using their apportioned
funds under this section for any programs involving an
automated traffic enforcement system. The definition of
``automated traffic enforcement system'' should include red
light cameras, speed cameras, and automated license plate
readers. This section is not intended to diminish or preclude
enforcement of commercial motor vehicle regulations under title
23 or title 49.
Subsection (d) amends 23 U.S.C. Sec. 402(d), (e), (f), and
(g) by inserting subsection headings in 402(d), (e), (f) and
(g). Subsection (k) is repealed.
Subsection (e) adds a new subparagraph (m) that requires
states to establish performance targets to be incorporated into
each state's highway safety plan. The performance targets are
based on the following set of performance measures: the annual
number of traffic fatalities and serious injuries resulting
from traffic crashes, the annual number of traffic fatalities
and serious injuries involving drivers with a blood alcohol
content of .08 or above, the annual number of unrestrained
motor vehicle occupant fatalities and the annual number of
motorcyclist fatalities. A new subsection (n) is added that
establishes the requirements that each state's highway safety
plan must meet. If a state fails to meet their performance
targets, they will be required to spend more of their
apportionment on projects and activities that address a
specific safety area. A new subsection (o) is added that
requires the Secretary to submit a report to Congress that
evaluates each state's performance with respect to the
performance targets set by each state and any improvements the
Secretary may recommend. A new subsection (p) provides
definitions for terms used in this section. The definition of
``graduated drivers licensing law'' should not be construed to
prevent states from having more restrictive graduated drivers
licensing laws. If in the Secretary's judgment, a state is more
restrictive than the provisions in the definition, than such
state should qualify for funding under subsection (c)(2)(E).
The definition of ``ignition interlock law'' should be
interpreted to include any state that has enacted and is
enforcing any law that mandates the installation of an ignition
interlock device for drivers convicted of driving with a blood
alcohol content of 0.08 or higher. If a state has a mandatory
ignition interlock law for drivers convicted of driving with a
high blood alcohol content, states with such a law shall
qualify under this definition.
Sec. 5004. Use of certain funds made available for administrative
expenses
This section amends 23 U.S.C. Sec. 403 by authorizing the
Secretary to conduct highway safety research and establish a
high visibility enforcement program out of administrative
expenses. A minimum amount of the allocation for administrative
expenses shall be spent on activities under this section.
Sec. 5005. Repeal of programs
This section repeals the following sections:
23 U.S.C. Sec. 405, the Occupant Protection
Incentive Grants program
23 U.S.C. Sec. 406, Safety Belt Performance
Grants program
23 U.S.C. Sec. 407, Innovative Project
Grants program
23 U.S.C. Sec. 408, State Traffic Safety
Information System Improvement program
23 U.S.C. Sec. 410, Alcohol-Impaired Driving
Countermeasures
23 U.S.C. Sec. 411, State Highway Safety
Data Improvements program
Section 2009 of SAFETEA-LU, High Visibility
Enforcement program
Section 2010 of SAFETEA-LU, Motorcyclist
Safety program
Section 2011, Child Safety and Child Booster
Seat Incentive Grants program
Section 2013 of SAFETEA-LU, Drug-Impaired
Driving Enforcement program
Section 2014 of SAFETEA-LU, First Responder
Vehicle Safety program
Section 2016 of SAFETEA-LU, Rural State
Emergency Medical Services Optimization Pilot program
Section 2017 of SAFETEA-LU, Older Driver
Safety; Law Enforcement Training program
Sec. 5006. Discovery and admission as evidence of certain reports and
surveys
This section incorporates 23 U.S.C. Sec. 402 into 23 U.S.C.
Sec. 409.
Sec. 5007. Prohibition on funds to check helmet usage or create
checkpoints for a motorcycle driver or passenger
This section prohibits the Secretary from awarding grants
or providing funding for any programs that check helmet usage
or create checkpoints for motorcycle drivers.
Sec. 5008. National driver register
This section requires the Secretary to establish and
implement procedures to ensure timeliness and accuracy of data
submitted by states to the National Driver Register. Also,
requires the Secretary to submit a report to Congress on the
timeliness and completeness of data submitted by states into
the Nation Driver Register and an analysis of DOT's efforts to
monitor compliance with reporting requirements.
TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY
Sec. 6001. Short title
This section provides that the short title for title VI of
the legislation is the ``Motor Carrier Safety, Efficiency, and
Accountability Act of 2011''.
Sec. 6002. Amendments to title 49, United States Code
This section provides that all repeals or amendments to
sections or provisions in this title are to title 49, United
States Code.
Subtitle A--Authorization of Appropriations
Sec. 6101. Motor carrier safety grants
This section amends 49 U.S.C. Sec. 31104 to provide funding
for motor carriers safety grants and to pay the administrative
expenses of the Federal Motor Carrier Safety Administration
(FMCSA).
Specifically, subsection (a) provides $247,000,000 each
year for fiscal years 2013 through 2016 from the Highway Trust
Fund to provide grants to states under the Motor Carrier Safety
Assistance Program (MCSAP) in section 31102.
Subsection (b) continues to allow the Secretary to deduct
1.25 percent or less of the MCSAP funds for administrative
expenses to carry out the program. The section continues to
require the Secretary to use 75 percent of these funds for the
training of non-federal employees with responsibilities under
the program.
Subsection (c) codifies a state funding formula for
distributing MCSAP funds. Currently the funding formula for
MCSAP is in the federal motor carrier safety regulations.
Codifying the funding formula will allow states to implement
long-term strategies to improve commercial motor vehicle
safety. The subsection sets a minimum and maximum allocation
for states and allocates that each territory will receive
$350,000 annually.
Subsection (d) provides $244,144,000 each year for fiscal
years 2013 through 2016 from the Highway Trust Fund to pay the
administrative expenses of the FMCSA. In addition, the
subsection an outreach and education program administered by
the FMCSA to educate commercial motor vehicle drivers and
passenger vehicle drivers how they can operate safely and share
the road with each other.
Sec. 6102. Grant programs
This section provides $30,000,000 each year for fiscal
years 2013 through 2016 from the Highway Trust Fund to provide
grants to states for the Commercial Driver's License Program
Implementation under 49 U.S.C. Sec. 31313. In addition, this
section provides $30,000,000 each year for fiscal years 2013
through 2016 from the Highway Trust Fund to carry out the
Commercial Vehicle Information Systems and Networks (CVISN)
deployment program under section 4126 of SAFETEA-LU. The
amounts made available under this section are to remain
available until they are expended and are available for
obligation either on their date of allocation, or on the first
day of the fiscal year, whichever occurs first.
Subtitle B--Registration
Sec. 6201. Registration requirements
This section amends 49 U.S.C. Sec. 13901 to require the
Secretary to provide a distinctive registration number
indicating the type of transportation or service to be provided
(e.g.; motor carrier, freight forwarder, or broker). Subsection
(b) adds a new section 13909 to chapter 139 that directs the
Secretary to make information relating to registration and
financial security publicly available on the internet.
Sec. 6202. Motor carrier registration
Subsection (a) amends 49 U.S.C. Sec. 13902(a)(1) to add
three new requirements for registration as a motor carrier.
This section requires motor carriers to demonstrate knowledge
through a proficiency exam, of safety, accessibility, and
financial responsibility requirements prior to being granted
the authority to operate in interstate commerce by the
Secretary. In addition, a motor carrier must disclose to the
Secretary any relationship between the applicant and another
motor carrier and have a valid DOT number. This subsection
requires a motor carrier to register separately as a broker in
order to broker transportation services.
Subsection (b) amends 49 U.S.C. Sec. 13902(a)(2) to add two
new requirements for registration as a household goods motor
carrier. In addition, each registrant must undergo a household
goods audit. The registrant may submit a corrective action plan
that addresses deficiencies if they fail the audit. This
section provides that a registration is provisional until the
audit is successfully completed and becomes permanent upon
passage of the audit or a satisfactory corrective action plan.
Sec. 6203. Registration of freight forwarders and brokers
Subsection (a) amends 49 U.S.C. Sec. 13903 to add to the
registration requirements to be a freight forwarder. This
subsection sets an experience and training requirement to be a
freight forwarder. This subsection requires a freight forwarder
to register separately in order to provide transportation as a
motor carrier.
Subsection (b) amends 49 U.S.C. Sec. 13904 to add to the
registration requirements to be a broker. This subsection sets
an experience and training requirement to be a broker. This
subsection requires a broker to register separately in order to
provide transportation as a motor carrier. This subsection
requires the Secretary to include the protection of motor
carriers in regulations for brokers.
Sec. 6204. Effective periods of registration
This section amends 49 U.S.C. Sec. 13905(c) to direct the
Secretary to require the registration for freight forwarders
and brokers to be renewed no later than 4 years after the date
of enactment of this Act. In addition this section directs that
the registration for freight forwarders and brokers will expire
no later than 5 years after the date of renewal, but can be
further renewed. This section requires motor carriers, freight
forwarders, and brokers to update their registration
information within 30 days of any change in essential
information.
Sec. 6205. Reincarnated carriers
This section amends 49 U.S.C. Sec. 13905(d) by adding the
authority for the Secretary to deny, suspend, amend, or revoke
any part of a motor carrier's registration for failure disclose
in its application information related to its willingness and
ability to comply with an applicable law or regulation or a
condition of its registration. In addition this section amends
49 U.S.C. Sec. 31135 to prohibit two or more employers from
using common ownership, common management, common control, or
common familial relationship to avoid compliance with
commercial motor vehicle safety regulations. The Secretary is
directed to deny, suspend, amend, or revoke all or part of the
employer's registration and determine civil penalty amounts.
Additionally, this section amends 49 U.S.C. Sec. 31106(a)(3) to
require the Secretary to develop information systems that can
determine whether a motor carrier is or has been related to any
other motor carrier through common ownership, management, or
familial relationship.
Sec. 6206. Financial security of brokers and freight forwarders
This section amends 49 U.S.C. Sec. 13906 to amend the
financial security requirements for brokers and freight
forwarders. This section requires financial security in the
form and an amount to be adequate to ensure financial
responsibility. This section sets the scope of financial
responsibility for brokers and freight forwarders to be able to
pay any claim arising from the failure to pay freight charges
under a contract, agreement, or arrangement for transportation.
This section requires a broker or freight forward to provide a
minimum financial security of $100,000, and directs the
Secretary to evaluate that amount every five years. The
Secretary is directed to suspend registration if the available
financial security falls below the minimum amount. This section
directs the Inspector General of DOT to review the Secretary's
regulations and enforcement practices for financial security
requirements.
Sec. 6207. Registration fee system
This section amends 49 U.S.C. Sec. 13908(d)(1) to require
registration fees to be as close as possible to covering the
costs of processing the registration.
Sec. 6208. Unlawful brokerage activities
This section amends chapter 149 by inserting a new section
at the end, section 14916. Under this new section, an
individual is authorized to provide interstate brokerage
services only if they are registered and have satisfied the
financial security requirements. Non-vessel-operating common
carriers, ocean freight forwarders, customs brokers, and
indirect air carriers are exempted from this requirement if
they are arranging transportation as part of an international
through movement. This section establishes a civil penalty for
unauthorized brokering of transportation.
Sec. 6209. Requirement for registration and USDOT number
This section amends subchapter III of chapter 311 by
inserting a new section at the end, section 31134. This section
authorizes a motor carrier, freight forwarder, or broker to
operate commercial motor vehicles in interstate commerce if
they have been registered by the Secretary and issued a USDOT
number. This section requires the Secretary to register a motor
carrier if the motor carrier is willing and able to comply with
the requirements and has disclosed any relationship to another
motor carrier. This section requires the Secretary to revoke or
suspend a registration if authority to operate has been revoked
or suspended under section 13905 or an employer has willfully
failed to comply with requirements for registration. Nothing in
this section affects the authority of a state to issue a USDOT
number.
Subtitle C--Commercial Motor Vehicle Safety
Sec. 6301. Motor carrier safety assistance program
This section amends 49 U.S.C. Sec. 31102 to make changes to
the Motor Carrier Safety Assistance Program (MCSAP).
Subsection (a) directs the Secretary to administer MCSAP in
order to assist states with the development and implementation
of programs for improving motor carrier safety and the
enforcement of federal regulations, standards, and orders on
commercial motor vehicle safety and hazardous materials
transportation safety. Currently states are required to submit
a plan to the Secretary that acknowledges their agreement to
assume responsibility for a variety of issues, including
improving safety and adopting federal regulations, standards,
and orders set by the Secretary. This section adds a
requirement for states sharing a land border with Canada or
Mexico to implement a border commercial motor vehicle safety
program and enforcement activities. In addition, this section
requires states to maintain their level of spending on these
activities at a level that is at least equal to the average of
the three years prior to enactment of this Act. This section
directs the Secretary provide guidance and standards to aide in
helping states reduce commercial motor vehicle crashes. This
section directs states to establish performance targets for
enforcement activities that will reduce fatalities and crashes
and to update those targets annually. This section requires
states to report to the Secretary the number and rate of
fatalities and crashes involving commercial motor vehicles in
the state.
This section directs the Secretary to annually review the
plan and assess whether the state is meeting its targets. The
Secretary is directed to either approve the plan or disapprove
the plan. If the Secretary disapproves the plan, the Secretary
is required to provide the state the reason for the
disapproval. A state may resubmit a disapproved plan. If a
state is not following its plan or the plan has become
inadequate, the Secretary may withdraw approval of the plan and
withhold grant funds.
A state is eligible for its MCSAP grant allocation if the
state has an approved plan. If the state does not have an
approved plan, it is eligible for its MCSAP grant allocation at
a lower level depending on how long the state has not had an
approved plan. Withheld funds will be reallocated among other
states in the following fiscal year. States are required to use
their grant funds to further the state's plan but may use 5
percent or less for enforcement activities on noncommercial
motor vehicles.
Sec. 6302. Performance and registration information systems management
program
This section amends 49 U.S.C. Sec. 31109 to require the
Secretary to carry out a performance and registration
information systems management (PRISM) program that links
federal motor carrier safety information systems with state
registration and licensing systems. The program enables a state
to determine the safety fitness of a motor carrier or
registrant and deny, suspend, or revoke a registration and
seize the registration plates if the motor carrier's operating
authority has been revoked. This section requires state
participation in the PRISM program and allows states to use
commercial vehicle information systems and networks deployment
grant funds to meet the PRISM participation requirements.
Sec. 6303. Commercial vehicle information systems and networks
deployment grants
This section amends commercial vehicle information systems
and networks (CVISN) deployment grant program under section
4126 of SAFETEA-LU. This section allows CVISN grant funds to be
used by states to participate in the performance and
registration information systems management program. This
section eliminates the legislative caps on the amount a state
can receive under the CVISN program.
Sec. 6304. Commercial motor vehicle safety inspection programs
This section amends 49 U.S.C. Sec. 31142(b) to establish an
annual vehicle inspection program for motorcoaches.
Sec. 6305. Amendments to safety fitness determination
This section directs the Secretary to consider Safety
Recommendation H-99-6 of the National Transportation Safety
Board closed once the safety fitness determination methodology
is revised.
Sec. 6306. New entrant carriers
This section amends section 31144(g)(1) to direct the
Secretary to prioritize new entrant safety review of motorcoach
companies and hazardous materials carriers by conducting such
reviews on an accelerated schedule. This section provides that
a motor carrier's registration is not permanent until it passes
a new entrant safety review.
Sec. 6307. Improved oversight of motor carriers of passengers
This section amends 49 U.S.C. Sec. 3144 to require FMCSA to
conduct safety fitness determinations of, and assign a safety
rating to, each motorcoach company registered with the agency,
and ensures regular monitoring of the safety performance of
motorcoach companies.
Sec. 6308. Driver medical qualifications
This section amends 49 U.S.C. Sec. 31149(c)(1)(D) to
develop requirements applicable to medical examiners to be
listed in the national registry. Subsection (b) amends section
31149(c)(1) to require additional oversight of licensing
authorities. This section requires an annual review to assess
the implementation of commercial driver's license requirements
of at least 10 states to assess the accuracy, validity, and
timeliness. The Secretary is directed to establish a national
registry of medical examiners.
Sec. 6309. Commercial motor vehicle safety standards
This section directs the Secretary to research the need for
potential occupant protection standards for truck tractors and
motorcoaches.
Sec. 6310. Crash avoidance technology
This section requires the Secretary to study and report to
the Committee on Transportation and Infrastructure on the
effectiveness of crash avoidance technologies to lessen the
impact of distracted driving in commercial motor vehicle
crashes.
Sec. 6311. Expansion of collision mitigation study
This section requires the Secretary to expand an ongoing
study and report to the Committee on Transportation and
Infrastructure on collision mitigation systems in commercial
motor vehicles. In order to thoroughly assess the potential of
this safety technology, the Committee believes that the
Secretary should work with multiple providers of commercial
vehicle collision mitigation systems.
Subtitle D--Commercial Motor Vehicle Operators
Sec. 6401. National clearinghouse for records relating to alcohol and
controlled substances testing of commercial motor vehicle
operators
This section amends chapter 313 by inserting adding a new
section 31306a on a national clearinghouse for verified
positive alcohol and controlled substance test results and test
refusals as well as violations of FMCSA alcohol and controlled
substances regulations of commercial motor vehicle operators.
This section directs the Secretary to establish and maintain an
information system that will serve as the clearinghouse.
Employers are prohibited from allowing an individual to operate
a commercial motor vehicle until the employer has queried the
clearinghouse to ensure an individual is eligible under the
testing program to operate a commercial motor vehicle. This
section limits the release of clearinghouse information and
requires compliance with all applicable federal privacy laws
and regulations. This section authorizes the Secretary to
collect fees from such employers and other authorized users for
informational requests. This section provides for civil and
criminal penalties for violations of this provision.
Sec. 6402. Commercial motor vehicle operator training
This section requires the Secretary to issue final
regulations establishing minimum training requirements for
commercial motor vehicle operators. This section amends 49
U.S.C. Sec. 31308(1) to add the requirement that an individual
present a certification of completion of training to receive a
commercial driver's license.
Sec. 6403. Commercial driver's license program
This section amends 49 U.S.C. Sec. 31309 to require state
commercial driver's license information systems to be able to
receive and submit driver conviction and disqualification
information.
This section amends 49 U.S.C. Sec. 31311 to require a state
commercial driver's license (CDL) program to check the drug and
alcohol clearinghouse before renewing a CDL. This section
requires each state to submit a comprehensive CDL program plan
for approval by the Secretary.
This section amends 49 U.S.C. Sec. 31313 to make a state
eligible for CDL grants if the state has an approved plan. In
addition, this section requires states to maintain their level
of spending on these activities at a level that is at least
equal to the average of the three years prior to enactment of
this Act. This section sets the state funding formula for
distributing CDL grants and guarantees a state with an approved
plan a minimum apportionment of one-half of one percent of the
funds available.
Sec. 6404. Commercial driver's license passenger endorsement
requirements
This section requires the Secretary to review and assess
the current knowledge and skill testing requirements for a CDL
passenger endorsement to determine whether improvements are
necessary. The Secretary is required to send a report on the
findings to the Committee on Transportation and Infrastructure.
Sec. 6405. Commercial driver's license hazardous materials endorsement
exemption
This section would provide to Class A CDL holders a similar
exemption from the hazardous materials endorsement requirement
to the existing one given to restricted drivers license holders
for hauling up to 1,000 gallons of diesel fuel.
Sec. 6406. Program to assist veterans to acquire commercial driver's
licenses
This section directs the Secretary to establish accelerated
licensing procedures to help veterans get a CDL.
Subtitle E--Motor Carrier Safety
Sec. 6501. Motor carrier transportation
This section provides that certain agricultural exemptions
apply interstate.
Sec. 6502. Requirements for hours of service
This section directs the Secretary to complete by March 31,
2013, a field study of the effectiveness of the 34-hour restart
rule published on December 27, 2011, that applies to truck
drivers. If the results of the study support the 34-hour
restart rule, the Secretary is directed to move forward with
implementation. If the results of the study do not support the
rule, the Secretary is directed to modify the rule through a
new rulemaking.
Sec. 6503. Electronic logging devices
This section requires performance standards to be included
if the Secretary issues regulations regarding electronic
logging devices that track compliance with hours of service
requirements for commercial motor vehicle drivers. If an
electronic logging device is not certified to meet the
standards, it is not acceptable as evidence of hours of service
and record of duty status requirements. This section also
includes additional considerations that include the reduction
or elimination to retain supporting documentation associated
with paper-based records of duty status if an electronic
logging device supplants such documentation. The information
contained on an electronic logging device may only be used for
enforcement of motor carrier safety.
Sec. 6504. Motor carrier safety advisory committee
This section amends section 4144(d) of SAFETEA-LU to
authorize the motor carrier safety advisory committee through
September 30, 2017.
Sec. 6505. Transportation of agricultural commodities and farm supplies
This section amends section 229(a)(1) of the Motor Carrier
Safety Improvement Act of 1999 to revise exemptions from
federal maximum driving and on-duty time motor carrier
regulations for drivers transporting agricultural commodities
and farm supplies during planting and harvest periods. This
section extends the exemptions to drivers transporting
agricultural farm supplies: (1) from a wholesale or retail
distribution point of the farm supplies to a farm or other
location where such supplies are intended to be used within a
150 air-mile radius from the distribution point, or (2) from a
wholesale distribution point of the farm supplies to a retail
distribution point of the farm supplies within a 150 air-mile
radius from the wholesale distribution point. In addition, the
exemption covers drivers transporting agricultural commodities
from the source to a location within a 150 air-mile radius from
the source.
Sec. 6506. Exemption relating to transportation of grapes during
harvest periods
This section exempts from federal maximum driving and on-
duty time motor carrier regulations any drivers transporting
grapes in a state if the transportation is: (1) during a
harvest period, and (2) limited to an area within a 175 air-
mile radius from the location where the grapes are picked or
distributed.
Subtitle F--Miscellaneous
Sec. 6601. Exemptions from requirements for certain farm vehicles
This section exempts certain farm vehicles (including the
individual operating the vehicle) from certain federal
requirements (for a CDL, drug testing, medical certificates,
and hours of service) governing the operation of motor
vehicles. This section also prohibits federal transportation
funding to a state from being terminated, limited, or otherwise
interfered with as a result of the state's exempting a covered
farm vehicle (including the individual operating that vehicle,
but excluding any farm vehicle transporting hazardous materials
requiring a placard) from any state requirements governing the
operation of that vehicle.
Sec. 6602. Technical correction
This section amends section 306(c)(2)(B) of the SAFETEA-LU
Technical Corrections Act of 2008.
Sec. 6603. Study of impact of regulations on small trucking companies
This section requires the Comptroller General to conduct a
study to assess trends in motor carrier safety relating to
small trucking companies and independent operators and requires
the study to analyze the extent to which safety regulations
adversely impact and economically and competitively
disadvantage small trucking companies and independent
operators.
Sec. 6604. Report on small trucking companies
This section requires the Secretary to submit to Congress a
report on the efforts of the DOT to better balance truck
competition and efficiency with safety.
Sec. 6605. Rulemaking on road visibility of agricultural equipment
This section requires the Secretary to issue a rule to
improve the daytime and nighttime visibility of agricultural
equipment that may be operated on a public road. The rule is
required to establish minimum lighting and marking standards
for new agricultural equipment manufactured after the effective
date of the rule. This rule does not require the retrofitting
of agricultural equipment.
Sec. 6606. Transportation of horses
This section amends 49 U.S.C. Sec. 80502 to prohibit the
transportation of horses in a multi-level trailer and
authorizes a civil penalty of between $100 and $500 for each
violation of this prohibition.
Sec. 6607. Regulatory review and revision
This section requires the Secretary to review and revise
the federal motor carrier safety regulations to simplify the
regulations and eliminate requirements that are outmoded or
excessively burdensome.
Sec. 6608. Issuance of safety regulations
Directs the Secretary to expedite the issuance of safety
regulations to carry out this title of the bill.
Sec. 6609. Repeals
This section repeals the following programs and provisions:
Section 31104, High-Priority Program, is
repealed.
Section 31107, Border Enforcement Grants, is
repealed.
Subsections (c), (d), and (e) of section
4123 of SAFETEA-LU, Commercial Driver's License
Information System Modernization, are repealed.
Section 4127 of SAFETEA-LU, Outreach and
Education, is repealed.
Section 4128 of SAFETEA-LU, Safety Data
Improvement Program, is repealed.
Section 4134 of SAFETEA-LU, Grant Program
for Commercial Motor Vehicle Operators, is repealed.
Section 4023 of TEA-21, the report on Motor
Carrier Employee Protections, is repealed.
TITLE VII--RESEARCH AND EDUCATION
Sec. 7001. Authorization of appropriations
This section authorizes appropriations out of the
Alternative Transportation Account of the Highway Trust Fund
for 23 U.S.C. Sec. 503, Sec. 503a, Sec. 504, Sec. 512,
Sec. 514, Sec. 515, Sec. 516 and Sec. 517, and 49 U.S.C.
Sec. 5506 and Sec. 111 for fiscal years 2013 through 2016.
Sec. 7002. Obligation ceiling
All obligations made available from the Alternative
Transportation Account for this title shall not exceed
$440,000,000 for each of fiscal years 2013 through 2016.
Sec. 7003. Definitions
This section amends 23 U.S.C. Sec. 501 by adding
definitions for the terms `connected vehicle technology',
`incident', `intelligent transportation infrastructure',
`intelligent transportation system', and `national
architecture'.
Sec. 7004. Surface transportation research, development and technology
This section amends 23 U.S.C. Sec. 502 by changing the
section heading to ``Surface Transportation Research,
Development, and Technology''. Additional subparagraphs are
added or amended to align federal responsibilities and the
Secretary's role in carrying out surface transportation
research and education with the programs established in other
section under Title V. New subparagraphs (C) and (D) are added
to 23 U.S.C. Sec. 502(b)(6) to allow states to transfer their
allocation under this chapter to other states in order to
facilitate mutual research, development, and technology
transfer activities.
A new section 502(b)(7) is added that allows the Secretary
to initiate prize competitions to stimulate innovation in the
area of surface transportation research that is consistent with
the Secretary's research and deployment objectives and
activities in section 503.
Subsection (c) is amended by changing the federal cost
share to 80 percent for collaborative research and development
carried out by the Secretary.
The following programs are repealed from 23 U.S.C.
Sec. 502:
23 U.S.C. Sec. 502(d), Contents of Research
Program
23 U.S.C. Sec. 502(e), Exploratory Advanced
Research
23 U.S.C. Sec. 502(f), Long-Term Pavement
Performance Program
23 U.S.C. Sec. 502(g), Seismic Research
23 U.S.C. Sec. 502(h), Infrastructure
Investment Needs Report
23 U.S.C. Sec. 502(i), Turner-Fairbank
Highway Research Center
23 U.S.C. Sec. 502(j), Long-Term Bridge
Performance Program
Sec. 7005. Research and development
This section amends 23 U.S.C. Sec. 503 by requiring the
Secretary to carry out a research and development program that
is consistent with the strategic plan established under 23
U.S.C. Sec. 508. The areas of surface transportation research
and development identified are as follows: improving highway
safety, improving highway infrastructure integrity, reducing
congestion, improving highway operations, enhancing freight
productivity, assessing policy and system financing
alternatives, and exploratory advanced research. Each research
and deployment area has specified objectives and activities
relevant to each area.
Subsection (f)(3) requires the Secretary to carry out an
Infrastructure Investment Needs Report. Subsection (g)
authorizes the Secretary to make grants and enter into
cooperative agreements with entities to pay the federal share
of research, development and technology transfer under
subsection (b). Subsection (h) requires the Secretary to
operate the Turner-Fairbank Highway Research Center to support
the Secretary's research agenda. Subsection (i) allows the
Secretary to establish Centers for Surface Transportation
Excellence.
Sec. 7006. Technology and innovation deployment program
This section adds a new 23 U.S.C. Sec. 503a which requires
the Secretary to establish a technology and innovation
deployment program by promoting and facilitating technologies,
products, methods or tools resulting from highway research
conducted under this chapter.
Subsection (b) outlines the objectives the Secretary shall
seek to advance in carrying out the program. Subsection (c)
describes the types of activities the Secretary may carry out
under the program. Subsection (d) authorizes the Secretary to
make grants and enter into cooperative agreements with entities
to pay the federal share of research, development and
technology transfer under this section. Subsection (e) requires
the Secretary to incorporate research results and products
developed under 23 U.S.C. Sec. 510, the Future Strategic
Highway Research Program.
As part of the objectives described in subsection (b), the
Secretary shall carry out deployment of innovative pavements,
consistent with the research requirements described in section
503(d)(1)(F), with the potential for extended pavement life
span and enhanced performance, and reduced initial costs and
life cycle costs.
Sec. 7007. Training and education
This section amends 23 U.S.C. Sec. 504 by clarifying the
duties and courses developed by the National Highway Institute.
The federal cost share for activities carried out by the local
technical assistance centers established in section 504(b) is
50 percent and the federal cost share for tribal technical
assistance centers will remain at 100 percent.
Section 504(c) is amended to clarify the eligible expenses
for the Dwight David Eisenhower Transportation Fellowship
Program.
Section 504(d), the Garrett A. Morgan Technology and
Transportation Education Program is repealed.
Section 504(e) is amended by removing 23 U.S.C. Sec. 144
from eligible expenses and adding eligible activities under 23
U.S.C. Sec. 504(e).
The subsection heading for section 504(f) is amended.
Sec. 7008. State planning and research
This section clarifies which programs are required to make
planning and research activities available for expenditure.
Sec. 7009. International highway transportation outreach program
This section repeals 23 U.S.C. Sec. 506, the International
Highway Transportation Outreach Program.
Sec. 7010. Surface transportation-environmental cooperative research
program
This section repeals 23 U.S.C. Sec. 507, the Surface
Transportation-Environmental Cooperative Research Program.
Sec. 7011. Transportation research and development strategic planning
This section requires the Secretary, acting through the
Administrator of the Research and Innovative Technology
Administration, to develop a 5-year transportation research and
development strategic plan no later than 1 year after the date
of enactment of this Act. One of the primary purposes of the
plan shall be improving goods movement.
Sec. 7012. National cooperative freight transportation research program
This section repeals 23 U.S.C. Sec. 509, the National
Cooperative Freight Transportation Research Program.
Sec. 7013. Future strategic highway research program
This section repeals 23 U.S.C. Sec. 510, the Future
Strategic Highway Research Program.
Sec. 7014. National intelligent transportation systems program plan
This section amends the 23 U.S.C. Sec. 512 heading. Section
512 is amended by requiring the Secretary to develop a 5-year
National Intelligent Transportation Systems program plan not
later than 1 year after the date of enactment of this Act.
Sec. 7015. Use of funds for intelligent transportation systems
activities
This section amends the 23 U.S.C. Sec. 513 heading. The
funds made available under section 7004(a)(4) of this Act shall
be subject to the requirements of section 513.
Sec. 7016. Intelligent transportation systems program goals and
purposes
This section creates a new 23 U.S.C. Sec. 514, Intelligent
Transportation Systems Program Goals and Purposes, by moving
the language found in section 5303 of SAFETEA-LU into the
United States Code.
Section 5303 of SAFETEA-LU is repealed.
Sec. 7017. Intelligent transportation systems program general
authorities and requirements
This section creates a new 23 U.S.C. Sec. 515, Intelligent
Transportation Systems Program General Authorities and
Requirements, by moving the language found in section 5305 of
SAFETEA-LU into the United States Code.
Section 5305 of SAFETEA-LU is repealed.
Sec. 7018. Intelligent transportation systems research and development
This section creates a new 23 U.S.C. Sec. 516, Intelligent
Transportation Systems Research and Development, by moving the
language found in section 5306 of SAFETEA-LU into the United
States Code.
Section 5306 of SAFETEA-LU is repealed.
Sec. 7019. Intelligent transportation systems national architecture and
standards
This section creates a new 23 U.S.C. Sec. 517, Intelligent
Transportation Systems National Architecture and Standards, by
moving the language found in section 5307 of SAFETEA-LU, except
section 5307(a)(4), into the United States Code.
Section 5307 of SAFETEA-LU is repealed.
Sec. 7020. National university transportation centers
This section repeals section 5505 of subtitle III of title
49, National University Transportation Centers.
Sec. 7021. University Transportation Research
This section amends 49 U.S.C. Sec. 5506, University
Transportation Research. The University Transportation Center
program is changed by keeping the competitive structure of the
Regional and Tier I centers. Tier I centers are changed to
Standard centers and the Tier II centers are repealed. The
Secretary is required to complete the competitive process for
both Regional and Standards centers no later than 180 days
after the date of enactment of this Act. Of the 10 Regional
centers, the Secretary is required to establish one of the
centers in the field of comprehensive transportation safety and
one of the centers in the field of technology for integrated
transportation systems operation and performance. The Secretary
is required to post any funding opportunities on the DOT
website. The Secretary is required to work with the National
Academy of Sciences on the selection of University
Transportation Centers. All selection process evaluation
procedures shall be made transparent by the Secretary.
Sec. 7022. Bureau of transportation statistics
This section amends 49 U.S.C. Sec. 111 by changing what
statistics the Bureau is required to collect. Subsection (d),
the information needs assessment, of section 111 is replaced
with a new subsection (d), access to federal data, which gives
the Bureau greater authority to collect relevant transportation
data from the agencies in DOT and other federal agencies,
subject to statutory and regulatory restrictions. The reference
to the Mass Transit Account in subsection (n) is amended to the
Alternative Transportation Account. Subsection (o)(2)(B) is
struck.
Sec. 7023. Administrative authority
This section amends 49 U.S.C. Sec. 112 by adding a new
subsection (f) which allows a percentage of funding for
administrative expenses to be used by the Administrator of the
Research and Innovative Technology Administration for
evaluation and oversight of the programs administered by the
Administration.
A new subsection (g) is added which gives the Administrator
of the Research and Innovative Technology Administration the
authority to collaborate with non-federal entities on research
and development activities. Subsection (g) authorizes the
Administrator to enter into grants, contracts and cooperative
research and development agreements with non-federal entities
on a cost shared basis. The use of technology under any grant,
contract or cooperative agreement is subject to the Stevenson-
Wydler Technology Innovation Act of 1980.
Sec. 7024. Technical and conforming amendments
Subsection (a) repeals sections 5308, 5309, 5310, 5501,
5506, 5507, 5511, and 5513 of SAFETEA-LU.
Subsection (b) makes conforming changes to the table of
contents in SAFETEA-LU.
Subsection (c) amends section 6010(c) of SAFETEA-LU by
striking the reference to subtitle C of title V and inserting
23 U.S.C. Sec. 501.
TITLE VIII--RAILROADS
Subtitle A--Intercity Passenger Rail Capital Programs
Sec. 8001. Capital grants for class II and class III railroads
This section repeals capital grants for class II and class
III railroads grant program, authorized in the Energy
Independence and Security Act of 2007 (P.L. 110-140) for
$50,000,000 annually, though grant funding was never
appropriated.
Sec. 8002. Congestion grants
This section repeals the congestion grants program,
authorized in the Passenger Rail Investment and Improvement Act
of 2008 (P.L. 110-432) for $100,000,000 in fiscal years 2012
and 2013.
Sec. 8003. Intercity passenger rail capital grants to states
This section makes several edits and amendments to 49
U.S.C. Sec. 24402, including:
eliminating Sec. 24402(b) as duplicative;
amending Sec. 22402(c)(1)(D) to require
competition for operating contracts for passenger rail
service on projects funded under this program
authorization;
eliminating Sec. 22402(c)(2)(B)(vi)-(v) as
burdensome;
deleting Sec. 22402(g)(3)-(4); and
amending Sec. 22402(h) to require any
unobligated amount be used to pay down the federal
deficit.
Subtitle B--Amtrak
Sec. 8101. Authorization for Amtrak operating expenses
This section reduces Amtrak operating subsidies for FYs
2012-2013 by twenty-five percent. This reduction aligns
Amtrak's authorization for operating expenses with the
appropriated level of funding for operating expenses since FY
2010.
Sec. 8102. Limitations on Amtrak authority
This section amends 49 U.S.C. Sec. 24305 to add subsection
(g) that prohibits Amtrak from using federal funds to hire
outside counsel to sue another passenger rail service provider
or to pursue a lawsuit against a passenger rail service
provider arising from a competitive bid process. This section
does not prohibit Amtrak from using its own funds for these
purposes, including hiring outside counsel to sue another
passenger rail service provider.
Amtrak competes with other private passenger rail operators
for commuter rail operating contracts. In the competitive
bidding process, sometimes Amtrak wins the operating rights,
and sometimes their private sector competitors win. Open
competition for rail operations saves regional transportation
authorities' taxpayer dollars, while improving the services
provided. When the San Joaquin Regional Rail Commission bid out
its start-up Altamont Commuter Express, Herzog won the contract
with a bid of $5.37 million and that was 48% lower than
Amtrak's $10.32 million bid. Similarly, Keolis began operating
Virginia Railway Express in 2010 after winning a 5-year
operating contract with a bid that was $1 million less than
Amtrak's.
Furthermore, when South Florida Regional Transportation
Authority bid out operations of its Tri-Rail South Florida
service, Veolia Transportation beat Amtrak's bid to operate by
over $60 million. Amtrak did not file a bid protest challenging
the bid process, but instead filed an employment-related suit
in Federal District Court. Veolia, however, has been forced to
defend a lawsuit for over four years and has spent $2 million
on legal fees. Veolia estimates these costs will double once
the case is through the appeals process and completed. While a
private company must absorb legal costs related to litigation,
Amtrak currently may fund its litigation expenses with its
federal funding. By restricting Amtrak's use of federal funds
for these purposes, this provision effectuates the intent of
Amtrak's organic statute, 49 U.S.C. Sec. 24301(a)(2), that
Amtrak ``shall be operated and managed as a for-profit
corporation.'' The intent of this provision is to ensure that
Amtrak not use federal funds to chill competition for the
provision of passenger rail service.
Sec. 8103. Applicability of laws
Section 8013(a) applies certain provisions of Title 18 to
Amtrak and the Amtrak Office of the Inspector General (Amtrak
IG) to ensure that the federal funding Amtrak receives is
protected from fraud, waste, and abuse.
Section 8013(b) clarifies that claims and statements made
to Amtrak are considered as claims and statements under the
False Claims Act to ensure Amtrak IG has the necessary tools to
protect the government and taxpayer dollars from fraud.
Section 8013(c) applies these sections to Amtrak only in
those years in which Amtrak receives a federal subsidy.
Sec. 8104. Inspector General of Amtrak
A new provision, 49 U.S.C. Sec. 24317, is added to ensure
federal funds are protected and spent wisely. New subsection
24317(a) grants Amtrak IG the authority to investigate fraud,
waste, and abuse. New subsection 24317(b) ensures that Amtrak
IG, which is fully funded by federal appropriations, may take
advantage of the General Services Administration's programs
designed to conserve federal resources, reduce expenses, and
increase efficient operations. New subsection 24317(c) extends
qualified immunity to Amtrak IG personnel to ensure performance
of their statutory duties is not hindered by the threat of
litigation and liability.
Sec. 8105. Amtrak management and accountability
This section revises 49 U.S.C. Sec. 24310 to properly
reflect the roles of the DOT IG and the Amtrak IG with respect
to reporting on the implementation of PRIIA by DOT and Amtrak,
respectively.
Sec. 8106. Amtrak food and beverage service
This section revises 49 U.S.C. Sec. 24305 to add a new
subsection that requires the FRA to competitively bid out food
and beverage service on Amtrak trains. Amtrak's IG reported
than in fiscal year 2010, Amtrak lost $61 million in direct
costs on its food and beverage service, and the U.S. Government
Accountability Office (GAO) has previously noted that Amtrak
spends about $2 to earn $1 in food and beverage revenue.
Sec. 8107. Application of Buy America to Amtrak
This section adds new paragraphs 49 U.S.C.
Sec. 24305(f)(5)-(6) that apply Buy America provisions to
Amtrak for all contracts carried out with federal funds and
requires public notice of and justification for any waivers
requested for Buy America.
Subtitle C--Project Development and Review
Sec. 8301. Project development and review
This section adds new chapter 229 to title 49 that will
streamline the environmental review process for rail projects.
``49 U.S.C. Sec. 22901. Applicability
This section applies the chapter to all freight and
passenger rail capital projects that are planned to be carried
out with FRA funds either through a loan, grant, contract, or
other financing. This section also requires the chapter be
broadly construed to ensure all ambiguity is resolved in favor
of applying the chapter.
``49 U.S.C. Sec. 22902. Definitions
This section defines terms for the chapter.
``49 U.S.C. Sec. 22903. Efficient environmental reviews for
rail project decision making
This section closely follows 23 U.S.C. Sec. 139 and is
generally intended to speed up the environmental review process
for rail projects.
Subsection (a) applies to all EIS for projects and any
other environmental review if determined appropriate by
Secretary. The subsection also allows the authorities granted
under the section to be used on a project, class of projects,
or program of projects and allows procedures to be modified for
programmatic compliance. It also excludes certain actions from
review if they fall below a funding threshold to tie the
environmental review process to the level of federal interest
in the project.
Subsection (b) establishes the role of the DOT as lead
agency and sets out the roles of other federal and non-federal
agencies and entities, including project sponsors, in the
environmental review process to help streamline coordination of
the process. Paragraph (b)(5) requires federal agencies to use
the environmental documents created under this review process
to eliminate duplicative environmental reviews.
Subsection (c) requires that the lead agency invite all
federal and non-federal agencies with an interest in the
project to become participating agencies. A federal agency
invited to be a participating agency must accept, unless it
declines in writing stating it has no jurisdiction or
authority. Also allows participating agencies to be deemed
cooperating agencies and requires that participating and
cooperating agencies carry out their reviews concurrently.
Subsection (d) requires the project sponsor to notify the
lead agency of the type of work, length, and location of the
project, and any expected approvals needed, which is intended
to help lead agencies in inviting other agencies to
participate.
Subsection (e) requires the lead agency to involve the
public as early as possible in defining purpose and need and
requires the purpose and need to clearly state the project
objectives. Similarly, paragraph (e)(4) requires early
determination with public involvement of the range of
alternatives. The range of alternatives is restricted under
(e)(4)(B)(ii) to not allow reevaluation of any alternative
evaluated but not adopted in a federal or state environmental
document for the rail or transportation plan or in a
programmatic or tiered environmental document. Clause
(e)(4)(B)(iii) deems that alternatives evaluation legally
sufficient.
Subparagraph (e)(4)(C) requires the lead agency to decide
on the methodologies for evaluating the alternatives with input
from participating agencies as part of the scoping process.
These changes will eliminate delay later in the review process
through early identification of these matters with public
input.
Subparagraph (e)(4)(D) allows a preferred alternative to be
developed to higher level of detail, which speeds the decision-
making process by focusing resources on which alternative is
preferred.
Subparagraph (e)(4)(E) limits re-evaluation of cumulative
impacts and growth-inducing impacts if previously studied in
prior planning or environmental document. These evaluations are
deemed legally sufficient.
Paragraph (e)(5) allows the lead agency to deem that
participating agencies concur with the decisions of the lead
agency under the subsection, unless the participating agency
submits written objections within a specified timeframe.
Paragraph (f)(1) allows for early coordination and
scheduling between agencies to ensure the process has a time
certain for completion. Paragraph (f)(2) also establishes
comment deadlines on the draft EIS and other documents to
create certainty for the completion of the environmental review
process. Paragraph (f)(3) requires participating agencies to
make decisions under other laws they administer within a
specified timeframe to ensure one agency does not hold up the
review process. Failure to make a decision in that timeframe
deems the project approved by that agency, but does not subject
the agency to judicial review.
Subsection (g) ensures the environmental process moves
smoothly by establishing an issue identification and resolution
process early on in the review for matters identified by
participating agencies that might delay or prevent approval of
the project. Resolutions under the process are not to be re-
evaluated and are deemed compliant with applicable laws.
Subsection (h) streamlines the decision-making process by
requiring a condensed final EIS and record of decision to
eliminate lapse in time between the issuance of the two
documents, where the preferred alternative has not changed from
the draft EIS and the Secretary determines the parties involved
will implement the measures applicable to the approval.
Subsection (i) restricts when supplemental environmental
reviews and reevaluations may occur to when changes in the
project will result in significant impacts or there is a change
in circumstances or new information and more than 5 years has
lapsed since approval, which will ensure that once a project is
studied it need not be subjected to further environmental
review.
Subsection (j) requires the Secretary to establish a
program to measure and report on progress of improving and
expediting the planning and environmental review process.
Subsection (k) allows states to request that parts of its
funds may be used to aid federal, state, or tribal agencies in
expediting and improving planning and delivery for rail
projects.
Subsection (l) requires the Secretary to issue regulations
to implement the section and establish methodologies and
procedures to evaluate environmental impacts. If the
environmental review follows these procedures it is deemed
compliant with applicable law.
Subsection (m) establishes a 90-day statute of limitations
on claims arising from the environmental review process.
Paragraph (m)(2) clarifies that a supplemental EIS is
considered a separate action and establishes a similar 90-day
review period. Doing so creates greater certainty for projects
to move forward without the specter of judicial review and
delay.
Subsection (n) establishes venue for relief where the
project is located and limits those that may seek relief to
individuals with a specific property interest and that have
identified their claims in the draft EIS comment period.
``49 U.S.C. Sec. 22904. Integration of planning and
environmental review
This section is intended to reduce duplicative study and
analysis, by allowing the use of decisions from planning
documents to be brought up into the environmental review
process at the scoping stage.
Subsection (a) allows the lead agency to adopt planning
products into the environmental review at the scoping stage.
Subsection (b) identifies the types of planning decisions
allowed to be adopted, including purpose and needs or goals and
objectives statement; decisions regarding project location;
decisions regarding alternatives for study or elimination;
description of the environmental settings; decision on
methodologies for analysis; and decisions on programmatic
mitigation. It also allows for certain analyses to be used from
planning documents, such as freight and passenger rail needs,
development and growth, population and employment,
environmental conditions, land use, potential environmental
effects, and mitigation needs.
Subsection (c) identifies the conditions for use of a
planning document, including that the plan was developed per
federal law, the planning process contained broad consideration
of needs and effects, the planning process gave notice to the
public and agencies, documents related to the planning were
made available to the public and agencies pre-scoping, no new
information or circumstance has arisen to effect the product,
based on reliable data and good methodologies, it is
sufficiently documented, and the product is appropriate for use
in an environmental review.
Subsection (d) clarifies that if the document is adopted it
will not be subject to reconsideration or additional
consultation unless the lead agency determines there is new
information or circumstances warranting. It also allows other
agencies to rely on the planning product in their reviews.
Subsection (e) clarifies that the section is not to be
construed to make environmental laws are applicable to the
development of planning products.
``49 U.S.C. Sec. 22905. Eliminating duplicative
environmental reviews
This section establishes a program to allow state
environmental laws to be used for projects in lieu of federal
environmental laws.
Subsection (b) allows state to participate through
application. The application must give an explanation of the
alternative environmental review of the state, how those laws
are substantially equivalent to federal law, and evidence of
having sought public comments on the application.
Subsection (c) requires the Secretary to review and decide
on the application within 90 days and give the state written
reasons for the decision.
Subsections (d) require the Secretary to approve the
application if the laws are found to be substantially
equivalent to federal laws.
Once approved, subsection (e) states that compliance with
state permits are deemed to be compliant with federal laws,
thereby reducing the separate state and federal environmental
review processes.
Subsection (g) requires an annual report to Congress
describing the administration of the program.
``49 U.S.C. Sec. 22906. Railroad corridor preservation
This section allows entities to acquire rights of way and
adjacent property prior to completion of environmental review.
This section does not allow development of the property until
final approval of the project and the environmental reviews are
complete.
``49 U.S.C. Sec. 22907. Treatment of railroads for historic
preservation
This section precludes entire railroads or portions thereof
from being designated as historic sites, but allows an
exception for depots and bridges, or other significant
structures as determined by the Secretary. Because most rail
lines are over 50 years old, they can become eligible for
historic review, even if they do not have any specific
historical feature other than age. The intent of this section
is to treat railroads similar to the way the interstate highway
system is treated under 23 U.S.C. Sec. 103 for historic
preservation purposes, and allow the Secretary to develop a
list of individual railroad elements that deserve historic
preservation treatment.
The Committee on Transportation and Infrastructure held a
hearing on this issue in June 2008. Though a report was
required in section 407 of the Passenger Rail Investment and
Improvement Act of 2008, the report is over two years past due.
This section is intended to resolve continued concerns
expressed by states such as Alaska and North Carolina where
historic preservation reviews have held up projects that would
improve bridge safety or enhance mobility. For example, the
Alaska Railroad Corporation (ARRC) proposed extending a siding
2000 feet and because the State Historic Preservation Office
(SHPO) required additional historic evaluation, costs increased
more than $25,000 and the project was delayed 4 months.
Likewise, even unsafe, mundane bridges can be subjected to
historic review simply because of age. In the case of ARRC's
bridge 432.1, the state wanted to replace its failing
foundation for safety reasons. Though the bridge was not
unique, the historic preservation review delayed the project
over a year and increased the costs. Similarly, in North
Carolina, a historic review of the Southeast High-Speed Rail
Corridor to determine eligibility of the corridor for the
National Register of Historic Places increased the project
costs by approximately $150,000 and added 6 months to the
project schedule. This section is intended to address these
concerns while protecting historic elements of railroads.
``49 U.S.C. Sec. 22908. Categorical exclusions
Subsection (a) requires that certain types of projects be
categorically excluded from extensive NEPA review, including
maintenance and replacement of tracks, bridges, structures,
stations, communications, etc.; rail line additions in a right-
of-way; projects related to positive train control; and
replacement, reconstruction, and rehabilitation of existing
bridges, as long as it does not require acquisition of
significant new right-of-way.
Subsection (b) allows the Secretary to categorically
exclude a project if the project would fit within a categorical
exclusion but for an additional action, if the additional
action is properly studied.
Subsection (c) authorizes the FRA to use of other
administrations' categorical exclusions to the extent they may
be applicable to the project before FRA.
``49 U.S.C. Sec. 22909. State assumption of responsibility
for categorical exclusion
This section is similar to 23 U.S.C. Sec. 326 and allows
the Secretary to delegate to the states, at the Secretary's
discretion, the authority to determine if certain activities
are within classes of action that are categorically excluded
from environmental reviews.
Subsection (b) allows the Secretary to also assign to the
state, the Secretary's role under other laws that it would
otherwise have to undertake for categorical exclusions. If the
state assumes such role, it is solely responsible and liable
for the carrying out that law.
Paragraphs (c)(1) and (c)(2) require the state and
Secretary, after notice and comment, to enter into a 3-year,
renewable, memorandum of understanding to carry out the
section.
Paragraph (c)(3) requires that the state accept federal
court jurisdiction for enforcement of its responsibilities.
Paragraph (c)(4) requires the Secretary to monitor the
state's compliance, including financial ability of the state to
carry out the program.
Subsection (d) allows the Secretary to terminate the
memorandum of understanding if the state is not carrying out
its responsibilities.
Subsection (e) clarifies that the state agency is deemed a
federal agency for the purposes of the federal laws being
carried out.
``49 U.S.C. Sec. 22910. Rail project delivery program
This section is similar to 23 U.S.C. Sec. 327. In
subsection (a) it allows the Secretary to develop a program to
delegate to the states, upon the Secretary's approval, the
authority to conduct the environmental review required for a
project, class of projects, or program of projects or any
authority under other federal environmental laws to the same
extent required of the Secretary.
Subsection (b) requires regulations to establish the
program and application requirements, including that
applications contain the project or class of projects for which
the state plans to exercise the authority, verification the
state has the financial resources, and evidence on the state
obtaining notice and comment on its applications.
Paragraph (b)(3) requires each state to give notice and
public comment of its intent to apply for the program.
Paragraph (b)(4) requires approval of an application if the
regulatory requirements are met, the state has the capability
to assume the responsibility, and the head of the state agency
enters an agreement with the Secretary.
Paragraph (b)(5) allows the Secretary to solicit comments
of certain other federal agencies if applicable.
Subsection (c) outlines the requirements of the written
agreement between the state and Secretary including, it be for
a 5-year, renewable term, the state agrees to federal court
jurisdiction, the state agrees to assume all or part of the
responsibilities, the state has sufficient public notice laws,
and will maintain sufficient financial responsibility.
Subsection (d) establishes legal jurisdiction for review in
federal courts and applies the same legal standards and
requirements to the state as would be applied to the Secretary.
Subsection (e) clarifies that the state is solely liable
and responsible for carrying out responsibilities assumed.
Subsection (f) ensures the Secretary may not assign a state
rulemaking authority.
Subsections (g)-(h) require the Secretary to audit and
monitor compliance by the state.
Subsection (i) requires annual report to Congress on the
program.
Subsection (j) allows the Secretary to terminate a state's
participation after notice to the state and an opportunity to
take corrective action.
``49 U.S.C. Sec. 22911. Exemption in emergencies
This section exempts from environmental reviews the
reconstruction of a railroad, track, bridge, or other facility
damaged in an emergency if that reconstruction project meets
certain requirements.
Subtitle D--Railroad Rehabilitation and Improvement Financing
Sec. 8301. Railroad Rehabilitation and Improvement Financing
Subsection (a) of this section sets forth the purpose of
the section which is to encourage more participation in the
Railroad Rehabilitation and Improvement Financing (RRIF)
program. It also requires the Secretary to issue regulations to
carry-out the amendments made by the section.
Subsection (b) amends Sec. 502(b)(1)(C) of the Railroad
Revitalization and Regulatory Reform Act of 1976 to make high-
speed rail facilities eligible for RRIF loans.
Subsection (c) amends Sec. 502(f)(1) to allow private
insurance, including bond insurance, to cover loan costs.
Subsection (d) amends Sec. 502(f)(3) to allow the credit
risk premium to be financed over the term of the loan.
Subsection (e) ensures the full value of the asset offered
as collateral is credited and allows the Secretary to
subordinate his/her rights under other provisions of to the
rights of the Secretary under this section and section 503.
Subsection (f) is amended to ensure that the time limit for
approval of the loan includes any review required by the Office
of Management and Budget.
Subsection (g) adds a new paragraph to Sec. 502(i)
requiring the Secretary to establish procedures to establish a
45-day time limit on determining whether a new RRIF loan
application is complete, and that the procedures include what
constitutes a complete application, provide for an independent
financial analyst, a description of what is incomplete or
unsatisfactory, and permit reapplication without prejudice.
Subsection (i) provides that RRIF loans for positive train
control systems (PTC) are automatically in the public interest
and requires the Secretary to accept the entire cost of the PTC
system as collateral.
Subsection (j) adds a new Sec. 502(k) requiring an annual
report to Congress summarizing RRIF loan activity over the past
year, the report shall include the number of pre-application
meetings, number of applications received and determined
complete, dates of receipt, dates applications deemed complete,
number of applications deemed incomplete, final decisions on
approval/disapproval, number of applications withdrawn, and
annual loan portfolio asset quality.
Subtitle E--Positive Train Control
Sec. 8401. Positive train control
This section amends the mandate enacted in the Rail Safety
Improvement Act of 2008 (P.L. 110-432) requiring passenger and
class I freight railroads to implement PTC collision avoidance
systems on track over which intercity and commuter passengers
travel, or over which poison or toxic-by-inhalation hazardous
materials are transported. Subsection (a) amends 49 U.S.C.
Sec. 20156 to clarify that, except as required by section
20157, nothing in this section shall be construed as requiring
the installation of PTC on railroad tracks if PTC is not
required on those tracks by section 20157 and PTC on those
tracks is not chosen by the railroad as a technology to be
implemented under this section.
Paragraph (b)(1) changes the PTC implementation date in 49
U.S.C. Sec. 20157 to December 31, 2020, clarifies that 2020
shall be the baseline year, and eliminates the Secretary's
authority to require PTC on track not identified in statute.
The FRA has noted a cost-benefit ratio of 22:1 in its final
rule implementing PTC, with 20 year costs estimated at $13.21
billion. There are significant technological issues associated
with PTC that require additional time for consideration. PTC is
a communications intensive technology that requires continuous
availability of radio frequency spectrum throughout the
operating environment to support the data being transferred.
Supporting this immense transfer of data communications
requires a large amount of radio spectrum. Spectrum is also
necessary to achieve interoperable communications between
commuter and freight railroads which often operate on the same
tracks. Many commuter rail agencies have encountered
significant difficultly acquiring the spectrum over which these
radios must operate.
Additionally, PTC technologies are largely untested in the
commuter rail environment. In comparison to freight and
intercity rail operations, the commuter rail environment poses
unique challenges given the high traffic volumes, close
headways, and reliability demands that have a low tolerance for
service delays. To ensure successful and cost effective
operations, PTC systems must be carefully integrated to allow
for these high volumes of service and must be calibrated to
meet the needs of the precise operating environment of a
commuter railroad. Until proper testing in the commuter rail
environment is conducted, there can be no definitive resolution
as to whether or not PTC will increase travel time or result in
service disruptions. Extensive development, testing, and
validation are necessary to ensure operations success.
A December 2010 report by the GAO entitled ``Rail Safety:
Federal Railroad Administration Should Report on Risks to the
Successful Implementation of Mandating Safety Technology''
found that while all railroads impacted by PTC requirements
have been putting forth good faith efforts to meet the mandate,
there is a strong potential for delays if certain problematic
components of the process are not rectified in a timely manner.
The GAO further noted that ``demonstrating a high level of
maturity before allowing new technologies into product
development programs increases the chance for successful
implementation and that, conversely, technologies that were
included in a product development program before they were
mature later contributed to cost increases and schedule
delays.''
Paragraph (b)(2) allows railroad carriers, in lieu of
installing positive train control, to utilize an alternative
risk reduction strategy on lines carrying poison- or toxic-by-
inhalation hazardous materials, but not on lines carrying
passenger trains. Providing the opportunity to pursue
alternative risk reduction strategies offers a technology
neutral approach that allows for flexibility to reduce the risk
of poison- or toxic-by-inhalation hazardous materials to the
same extent these risks would be reduced using PTC. This
approach is consistent Obama's Executive Order 15563 (January
18, 2011), Improving Regulation and Regulatory Review.
Paragraph (b)(3) allows a railroad carrier to revise an
implementation plan as necessary to reflect rail lines that are
added or removed, or to reflect the use of alternative risk
reduction strategies.
Paragraph (b)(4) pushes back the date for the Secretary's
report to Congress on the progress of PTC implementation,
requires the report include recommendations for improving PTC
implementation or alternative risk reduction strategies.
Subtitle F--Regulatory Reform
Sec. 8501. Federal Railroad Administration regulations
Subsection (a) amends section 103 of title 49, U.S.C. by
adding a new paragraph, 49 U.S.C. Sec. 103(l), which provides
that before any final regulation is issued, the Administrator
shall consider the governing legal authority; the nature and
significance of the problem; whether existing rules have
created or contributed to the problem and changes to those
rules; the best reasonably obtainable scientific, technical,
and other information; the potential costs and benefits; means
to increase the cost-effectiveness; incentives for innovation,
consistency, predictability, lower costs of enforcement and
compliance (to government entities, regulated entities, and the
public), and flexibility; and any reasonable alternatives. The
paragraph also requires the Administrator to solicit and take
into consideration public comment on these subjects and to
follow applicable rulemaking procedures. Subsection (b) ensures
this change is only effective with respect to regulations where
no notice of proposed rulemaking has been issued. This section
supports the objectives of President Obama's Executive Order
15563 (January 18, 2011): Improving Regulation and Regulatory
Review.
Subtitle G--Technical Corrections
Sec. 8601. Miscellaneous corrections, revisions, and repeals
Subsection (a) makes technical corrections to provisions of
the United States Code enacted in, or amended by, the Rail
Safety Improvement Act of 2008, including minor corrections for
technical reasons to clarify the meaning of the provisions,
such as substitution defined statutory terms for undefined
terms; to replace colloquial language with more formal
language; to correct an error of spelling; capitalization,
punctuation, or diction; or to eliminate an ambiguity or
internal inconsistency.
Subsection (b) makes technical corrections to the Rail
Safety Improvement Act of 2008, including minor corrections for
technical reasons to clarify the meaning of the provisions,
such as substitution defined statutory terms for undefined
terms; to replace colloquial language with more formal
language; to correct an error of spelling; capitalization,
punctuation, or diction; or to eliminate an ambiguity or
internal inconsistency.
Subsection (c) makes technical corrections to provisions of
the United States Code enacted in, or amended by, the Passenger
Rail Investment and Improvement Act of 2008 (PRIIA).
Subsection (c) makes technical improvements to the section
214 Alternate Passenger Rail Service Pilot to allow for a 5-
year, renewable operations period and to allow the Secretary to
provide directly to a winning bidder any portion of
appropriations for Amtrak necessary to cover the operating
subsidy described in subsection (a)(5)(B).
Subsection (c) also amends certain grant selection criteria
to require competition and removes certain competitive grant
selection criteria placing unnecessary requirements on rail
carriers and granting the Secretary overly broad discretion.
Subsection (d) amends section 209(c) of PRIIA requiring
implementation of the new cost-allocation methodology for
state-supported Amtrak routes, to align the cost-allocation
methodology implementation with state budget processes.
Subtitle H--Miscellaneous
Sec. 8701. Application of Buy America to intercity passenger rail
service corridors
This section adds new paragraphs 49 U.S.C.
Sec. 24405(a)(11)-(15) that apply Buy America provisions to all
contracts carried out with federal funds and requires public
notice of any waivers requested for Buy America.
Sec. 8702. Prohibition on use of funds for California high-speed rail
This section prohibits any funds in the Act from being used
for high-speed rail projects in California.
Sec. 8703. Disadvantaged business enterprises
Subsection (a) requires that at least 10 percent of capital
grant program funds under FRA's jurisdiction be expended
through small businesses owned by socially and economically
disadvantaged individuals.
Subsection (b) defines terms for the section.
Subsection (c) allows disadvantaged businesses to still be
eligible to receive funds if the disadvantaged business
enterprises (DBE) program is deemed unconstitutional and is
consistent with the savings clause currently in the federal
highways and federal transit DBE programs.
Subsection (d) requires the program be implemented in
accord with the federal highways and federal transit DBE
programs.
TITLE IX--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 9001. Short title and table of contents
This section provides the short title and table of contents
for title IX of the bill.
Sec. 9002. Amendment of title 49, United States Code
This section provides that all repeals or amendments to
sections or provisions in title IX of the bill shall be to
title 49, United States Code.
Sec. 9003. Findings
This section makes certain findings regarding the
transportation of hazardous materials.
Sec. 9004. Purposes
This section amends section 49 U.S.C. Sec. 5101 to remove
language that negatively implies the transportation of
hazardous materials is dangerous.
Sec. 9005. Definitions
The definition of a ``hazmat employer'' in section 49
U.S.C. Sec. 5102(4) is amended to delete the term ``uses.''
This change is not intended to eliminate any employee training
requirements, but simply clarifies who is responsible for the
training. This section does not change the fact that each
hazmat employee, even if self-employed, has a hazmat employer
responsible for training that employee. This section would
still require a hazmat employer to train a hazmat employee
employed on ``a full time, part time, or temporary basis'' (49
U.S.C. Sec. 5102(4)(A)(i)(I)).
Section 49 U.S.C. Sec. 5102(13) is amended to revise the
definition of ``transports'' and ``transportation'' to more
clearly identify loading, unloading, handling, and storage as
within the jurisdiction of the Pipeline and Hazardous Materials
Safety Administration's (PHMSA) regulatory authority and is
intended to be consistent with current PHMSA authority. This
language covers the full range of transportation from the
loading of the material at its origin to the unloading of the
material at its destination.
Sec. 9006. General regulatory authority
Section 49 U.S.C. Sec. 5103(b)(1)(A) is amended to add a
new clause (vii) that clarifies that PHMSA's regulations apply
to those persons providing hazmat emergency response
information services.
A new subparagraph, 49 U.S.C. Sec. 5103(b)(1)(C), is added
to require that procedures and criteria for fitness
determinations in applications for approvals and special
permits must be developed through notice and comment
rulemaking.
A new paragraph, 49 U.S.C. Sec. 5103(b)(3), is added which
provides that before any final regulation is issued, the
Administrator shall consider the governing legal authority; the
nature and significance of the problem; whether existing rules
have created or contributed to the problem and changes to those
rules; the best reasonably obtainable scientific, technical,
and other information; the potential costs and benefits; means
to increase the cost-effectiveness; incentives for innovation,
consistency, predictability, lower costs of enforcement and
compliance (to government entities, regulated entities, and the
public), and flexibility; and any reasonable alternatives. The
paragraph also requires the Administrator to solicit and take
into consideration public comment on these subjects and to
follow applicable rulemaking procedures. The new paragraph is
only effective with respect to regulations where no notice of
proposed rulemaking has been issued.
A new paragraph, 49 U.S.C. Sec. 5103(b)(6), is added to
ensure that certain standards developed by private entities,
who charge individuals for copies of those standards, will not
be incorporated into the regulations without consideration of
the costs of the publication, broadness of its application, and
alternatives to incorporation of the standards. The Secretary
would be required to use the standards or the alternative that
meets safety objectives in the most cost-effective manner.
Sec. 9007. Inspections of motor vehicles transporting radioactive
material
This section amends 49 U.S.C. Sec. 5105(d) to create
uniformity among states regarding inspections of interstate
movements of certain radioactive materials such that commerce
is not disrupted at each state line. These changes would only
allow states to conduct a new inspection of the materials at
the highest level, as those inspection levels are defined by
the Commercial Vehicle Safety Alliance, where an en route
change has occurred. This section is intended to preserve the
states' ability to conduct lower level inspections.
Sec. 9008. Hazmat employee training requirements and grants
Section 49 U.S.C. Sec. 5107 is amended to eliminate a
narrowly defined designation of an eligible recipient of grant
funds for hazmat employee training grants. The intent of this
section is to eliminate duplicative training, as hazmat
employers are already required to train hazmat employees.
Section 49 U.S.C. Sec. 5107(f) is amended to remove the
Occupational Safety and Health Administration's (OSHA)
overlapping jurisdiction regarding regulation of the handling
of hazardous materials. This section is intended to cover
handling hazardous materials when such handling is incidental
to the movement of the hazardous materials. Nothing in this
section leaves the handling hazardous materials in
transportation unregulated, as either PHMSA or OSHA regulations
will still be applicable. Instead, it clarifies that when PHMSA
regulates the handling of hazardous materials incidental to
transportation, OSHA regulations on that specific issue would
be preempted, as they are in most other circumstances where
another agency's regulations affect the occupational safety and
health of workers. (See 29 U.S.C. Sec. 653(b)(1).) This
provision is not intended to supplant OSHA rules governing
emergency response or safety rules related to non-
transportation activities.
Sec. 9009. Fees
Section 49 U.S.C. Sec. 5108 is amended to eliminate minimum
registration fees and is intended to allow for greater
flexibility of the Secretary in determining fee levels.
A new subparagraph (D) is added to ensure that (1) no new
fee authority is allowed for special permit and/or approval
applications, and (2) to keep the Secretary from charging
higher registration fees to special permit or approval holders/
applicants as a substitute for application fee authority. The
intent of this section is to eliminate the imposition of any
increased fees on industry.
Sec. 9010. Motor carrier safety permits
Section 49 U.S.C. Sec. 5109 is amended to reflect
appropriate DOT nomenclature for explosives in paragraph (b)(1)
and ``offerors'' in subsection (f).
Section 9010 requires a review and report for the motor
carrier permit program that would resolve a concern that
permits are denied because the safety standard changes from
cycle-to-cycle. Currently, this cyclical change creates
uncertainty for businesses as the standard can vary based on
the performance of other motor carriers. The report requires
identification of stakeholder concerns, information regarding
permit issuance and denial, and the Secretary's description of
actions to address the concerns. This section also requires a
report to Congress on the program. Finally, the section
requires the Secretary to issue regulations to resolve any
programmatic concerns and ensure consistent standards.
Sec. 9011. Planning and training grants, monitoring, and review
This section makes amendments to 49 U.S.C. Sec. 5116 to
increase the flexibility of how the Secretary allocates grant
money for states between planning and training grants. These
changes require recipients to certify that their fees are fair
and properly reported and that the Secretary report on both
planning and training grants.
This section also amends 49 U.S.C. Sec. 5116(j) to make the
supplemental training grants program more generally applicable.
It also allows for the grants to be used for portable training
at national consensus standard levels.
Sec. 9012. Special permits and exclusions
Section 49 U.S.C. Sec. 5117 is amended to ensure that the
procedures and criteria for applying for special permits are
established through notice and comment rulemaking. The intent
of providing procedures and criteria through notice and comment
rulemaking is to allow the regulated industry and the public
the opportunity to comment on those procedures and criteria.
Currently, those procedures and criteria are published in
standard operating procedures that were not developed through
notice and comment rulemaking.
This section also requires that special permits be
incorporated into the regulations once they are proven to be
safe. Under this section, a special permit will be given the
opportunity to be incorporated into the regulations if it has
been in place for more than six years and meets certain
standards, including that it concerns a matter of general
applicability, has future effect, and is consistent with
safety. This section also recognizes that a number of special
permits currently in effect meet these criteria and should be
given the opportunity to be incorporated into the regulations.
This amended section allows the Secretary three years to
incorporate all outstanding special permits that are six years
or older and meet the standards set forth in the subsection.
This section also does not allow a special permit
application for modification, renewal, or party status to be
denied solely because an applicant's hazmat out of service
percentage is greater than the national average. This section
does not prohibit denial for other reasons in addition to the
hazmat out of service percentage being greater than the
national average.
Sec. 9013. Hazardous material uniform motor carrier permit program
Section 49 U.S.C. Sec. 5119 is amended to resolve the lack
of uniformity among the states in hazardous material permitting
programs. These revisions make the uniform program mandatory
for the states by only allowing the states to enforce
registration and permitting that conforms to this uniform
program. The section is intended to leave in place the right of
states to charge fees for registration and permitting.
Sec. 9014. International uniformity of standards and requirements
This section amends 49 U.S.C. Sec. 5120 to ensure that
PHMSA is the agency representing the nation on international
forums regarding the transportation of hazardous materials in
international commerce. Since 1967, PHMSA has been the lead
agency in such international work, but recently was replaced in
these forums by other modal administrations whose
responsibilities are not solely transportation of hazardous
materials.
Sec. 9015. Investigations
This section amends 49 U.S.C. Sec. 5121 to ensure that the
Secretary's authority to open and inspect packages applies only
to undeclared packages, that the inspection occur in an
appropriate facility, and that notice be given to the offeror
and carrier of such inspection.
This section also requires a rulemaking on the authority to
open and inspect packages that will help avoid delay in
transporting time-sensitive materials, ensure proper training
and equipment for inspectors, ensure proper restoration of the
package for resumed transportation, and take into consideration
the cost and damages that the inspection may cause.
Sec. 9016. Building partnerships for improved safety and system
performance
This section added a new paragraph, 49 U.S.C.
Sec. 5121(g)(4), to allow the Secretary to make grants and
cooperative agreements to provide consistent training on
enforcement among the states. Coupled with changes to 49 U.S.C.
Sec. 5125 on uniform enforcement standards, this change will
help ensure enforcement is conducted state-to-state in a
uniform manner.
Sec. 9017. Safety reporting
This section amends 49 U.S.C. Sec. 5121(h) to require that
the biennial report on transportation of hazardous materials
include all modes set forth by type and quantity, a basis for
all special permits issued, the activities of undeclared
package inspections and emergency orders.
Sec. 9018. Civil penalties
This section deletes the minimum penalties for violations
in 49 U.S.C. Sec. 5123(a) to give the Secretary more discretion
and flexibility for situations where a violation is minor. This
section does not, however, preclude the Secretary from imposing
a fine equal to what is the current minimum if the Secretary
deems it necessary in a particular circumstance.
A new paragraph, 49 U.S.C. Sec. 5123(a)(4), is added to
ensure a carrier at a road/trackside inspection is not cited
for violations over which the carrier had no control. Carriers
are often cited for violations of regulations for which the
carrier is not responsible, so the intent of this section is to
limit citations of carriers for pre-transportation functions
performed by another person.
This section also adds new subsection 49 U.S.C.
Sec. 5123(h) which enhances safety by imposing penalties for
failing to maintain records, reports, and information.
Sec. 9019. Preemption
A new paragraph, 49 U.S.C. Sec. 5125(a)(3), is added to
allow the Secretary to make the determination that a particular
local law creates an unreasonable burden on commerce. This
provision would allow the DOT to preempt state and local laws
that are deemed an unreasonable burden on commerce. Currently,
that analysis is left to the courts. This change would allow
the entity with expertise in transporting hazardous materials
in commerce to determine, in the first instance, whether a
particular state or local law unreasonably burdens commerce.
This section strikes ``written'' from 49 U.S.C.
Sec. 5125(b)(1)(D) to remedy the problem of each state or
jurisdiction within a state having different verbal
notification requirements for unintentional release of a
hazardous material. This section is intended to create
uniformity in verbal notification requirements and does not
prohibit the Secretary from amending verbal notification
requirements under the regulations.
This section also amends 49 U.S.C. Sec. 5125(c)(1) to
require all hazmat routes either be registered on the DOT'S
route registry or deemed unenforceable by the states. This
section is intended to ensure that carriers may use this route
registry to determine the routes that they may travel.
This section requires the reporting on fee usage in 49
U.S.C. Sec. 5125(f)(2) be on a biennial basis rather than at
the Secretary's discretion to enhance transparency.
Section 9019 also requires uniform enforcement standards,
such as standards for procedure, penalty, and mental state,
among the states.
Sec. 9020. Authorization of appropriations
This section amends 49 U.S.C. Sec. 5128 to authorize
appropriations of funds for PHMSA's hazardous materials
programs $39,000,000 annually for fiscal years 2012 through
2016. Authorizations for activities under the Hazardous
Materials Emergency Preparedness Fund, which is funded by
annual hazardous materials registration fees, total $23,763,000
million annually for fiscal years 2012 through 2016.
This section also amends 49 U.S.C. Sec. 5128(b) to make the
hazardous materials emergency preparedness grant program more
flexible by granting the Secretary the discretion to allocate
funds between training and planning. This section also makes a
conforming amendment to delete the funding for the grants
eliminated under section 9008.
A new subsection, 49 U.S.C. Sec. 5128(e), is added to
authorize the appropriation of $1,000,000 for the
implementation by states of the uniform forms and procedures
under 49 U.S.C. Sec. 5119. This one-time authorization of funds
remains available for a six-year period beginning on the date
of enactment.
Sec. 9021. Electronic shipping papers pilot program
This section establishes a pilot program to determine
whether electronic shipping papers would be cost effective for
the motor carrier industry, and requires at least one pilot
program to be in a rural area.
Sec. 9022. Wetlines study
This section requires a study on cargo tank truck external
product piping, or ``wetlines'', to identify whether regulation
is cost efficient, while prohibiting final rules on the matter.
Sec. 9023. Product study
This section requires a study on whether certain common
household products containing ethyl alcohol need be regulated
as hazardous materials, including evaluations of incidents
containing the products, risks posed by the products, costs to
industry of the designation, and comments from the industry and
public regarding the designation.
TITLE X--WATERBORNE TRANSPORTATION
Sec. 10001. Sense of Congress on harbor maintenance
This section establishes a Sense of Congress that the funds
collected by the Harbor Maintenance Tax be utilized for their
intended purpose. The Harbor Maintenance Trust Fund provides
funds for the United States Army Corps of Engineers to carry
out the dredging of navigation channels to their authorized
depths and widths.
Sec. 10002. Study and report on strategic ports
This section requires the Secretary of Transportation to
carry out a study to determine the land-side infrastructure
requirements of the nation's 21 strategic ports. These ports
are designated by DOT and the Department of Defense as integral
to the readiness capability of the nation's armed forces.
TITLE XI--REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH RESTORATION
AND BOATING TRUST FUND
Sec. 11001. Short title
This establishes the short title for Title XI as the
``Sportfishing and Recreational Boating Safety Act of 2012''.
Sec. 11002. Reauthorization and amendments to the sport fish
restoration and boating trust fund
This section reauthorizes the Dingell/Johnson Sport Fish
Restoration Act through fiscal year 2016. It reduces Coast
Guard administrative expenses and reallocates funding to the
Coast Guard's Recreational Boating Safety Program and
Recreational Boating Safety grants available to the states.
Title XI does not affect the Act's sport fish restoration
programs, nor does it make changes to the Act's formulas or
financing mechanisms.
TITLE XII--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS
Sec. 12001. Short title; effective date
This title may be cited as the ``Surface Transportation
Extension Act of 2012''.
The amendments made by this title take effect on April 1,
2012.
Subtitle A--Federal-Aid Highways
Sec. 12101. Extension of federal-aid highway programs
This section extends the federal-aid highway programs
through fiscal year 2012.
Subtitle B--Extension of Highway Safety Programs
Sec. 12201. Extension of National Highway Traffic Safety Administration
highway safety programs
This section extends the National Highway Traffic Safety
Administration Highway Safety programs through fiscal year
2012.
Sec. 12202. Extension of Federal Motor Carrier Safety Administration
programs
This section extends the Federal Motor Carrier Safety
Administration programs through fiscal year 2012.
Sec. 12203. Additional programs
This section extends hazmat research projects and the
Dingell-Johnson Sport Fish Restoration Act through fiscal year
2012.
Subtitle C--Public Transportation Programs
Sec. 12301. Allocation of funds for planning programs
This section extends funding for public transportation
planning programs through fiscal year 2012.
Sec. 12302. Special rule for urbanized area formula grants
This section extends the special rule for urbanized area
formula grants through fiscal year 2012.
Sec. 12303. Allocating amounts for capital investment grants
This section extends capital investment grants through
fiscal year 2012.
Sec. 12304. Apportionment of formula grants for other than urbanized
areas
This section extends the apportionment of formula grants
for other than urbanized areas through fiscal year 2012.
Sec. 12305. Apportionment based on fixed guideway factors
This section strikes subsection (g) from 49 U.S.C.
Sec. 5337.
Sec. 12306. Authorizations for public transportation
This section extends authorizations for public
transportation through fiscal year 2012.
Sec. 12307. Amendments to SAFETEA-LU
This section extends the amendments to SAFETEA-LU through
fiscal year 2012.
TITLE XIII--ADDITIONAL TRANSPORTATION PROVISIONS
Sec. 13001. Audit of Union Station Redevelopment Corporation
This section directs the Inspector General of the DOT to
audit the Union Station Redevelopment Corporation once every
two years.
Sec. 13002. Prohibition on use of funds
This section prohibits funds made available in this Act
from being used for signage indicating the project was funded
under this Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
[The Surface Transportation Extension Act of 2012 (title XII of H.R. 7,
as reported) provides for a short term extension of surface
transportation programs. The amendments to provisions of existing law
made by such title, set out below, take effect on April 1, 2012.]
SURFACE TRANSPORTATION EXTENSION ACT OF 2011, PART II
* * * * * * *
TITLE I--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS
* * * * * * *
Subtitle A--Federal-Aid Highways
SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Except as provided in this title,
requirements, authorities, conditions, eligibilities,
limitations, and other provisions authorized under titles I, V,
and VI of SAFETEA-LU (Public Law 109-59), the SAFETEA-LU
Technical Corrections Act of 2008 (Public Law 110-244), titles
I and VI of the Intermodal Surface Transportation Act of 1991
(Public Law 102-240), titles I and V of the Transportation
Equity Act for the 21st Century (Public Law 105-178), and title
23, United States Code (excluding chapter 4 of that title),
which would otherwise expire on or cease to apply after
September 30, 2011, under section 411(a) of the Surface
Transportation Extension Act of 2010 (title IV of Public Law
111-147) are incorporated by reference and shall continue in
effect until [March 31, 2012] September 30, 2012.
(b) Authorization of Appropriations.--Except as provided in
section 112, there is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for
[the period beginning on October 1, 2011, and ending on March
31, 2012,] fiscal year 2012 a sum equal to [\1/2\ of] the total
amount authorized to be appropriated out of the Highway Trust
Fund for programs, projects, and activities for fiscal year
2011 under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144)
and title 23, United States Code (excluding chapter 4 of that
title).
(c) Use of Funds.--
(1) Fiscal year 2012.--Except as otherwise expressly
provided in this title, funds authorized to be
appropriated under subsection (b) for [the period
beginning on October 1, 2011, and ending on March 31,
2012,] fiscal year 2012 shall be distributed,
administered, limited, and made available for
obligation in the same manner and at the same level as
[\1/2\ of] the total amount of funds authorized to be
appropriated out of the Highway Trust Fund for fiscal
year 2011 to carry out programs, projects, activities,
eligibilities, and requirements under SAFETEA-LU
(Public Law 109-59), the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244), titles I
and VI of the Intermodal Surface Transportation Act of
1991 (Public Law 102-240), titles I and V of the
Transportation Equity Act for the 21st Century (Public
Law 105-178), and title 23, United States Code
(excluding chapter 4 of that title).
* * * * * * *
(3) Contract authority.--
(A) In general.--Except as provided in
subparagraph (B), funds authorized to be
appropriated under this section shall be
available for obligation and shall be
administered in the same manner as if such
funds were apportioned under chapter 1 of title
23, United States Code, and for [the period
beginning on October 1, 2011, and ending on
March 31, 2012,] fiscal year 2012 shall be
subject to a limitation on obligations for
Federal-aid highways and highway safety
construction programs included in an Act making
appropriations for fiscal year 2012 or a
portion of that fiscal year[, except that
during such period obligations subject to such
limitation shall not exceed \1/2\ of the
limitation on obligations included in an Act
making appropriations for fiscal year 2012].
(B) Exceptions.--A limitation on obligations
described in subparagraph (A) shall not apply
to any obligation under--
(i) * * *
(ii) section 105 of title 23, United
States Code, for [the period beginning
on October 1, 2011, and ending on March
31, 2012,] fiscal year 2012 only in an
amount equal to [$319,500,000]
$639,000,000.
[(4) Calculations for distribution of obligation
limitation.--Upon enactment of an Act making
appropriations for the Department of Transportation for
fiscal year 2012 (other than an Act or resolution
making continuing appropriations), the Secretary
shall--
[(A) as necessary for purposes of making the
calculations for the distribution of any
obligation limitation under such Act, annualize
the amount of contract authority provided under
this title for the period beginning on October
1, 2011, and ending on March 31, 2012, for
Federal-aid highways and highway safety
construction programs; and
[(B) multiply the resulting distribution of
any obligation limitation under such Act by \1/
2\.]
(d) Extension and Flexibility for Certain Allocated
Programs.--
(1) Fiscal year 2012.--Notwithstanding any other
provision of law, for [the period beginning on October
1, 2011, and ending on March 31, 2012,] fiscal year
2012 the portion of the share of funds of a State under
subsection (b) determined by [\1/2\ of] the amount that
the State received or was authorized to receive for
fiscal year 2011 to carry out sections 1301, 1302,
1307, 1702, and 1934 of SAFETEA-LU (119 Stat. 1198,
1204, 1217, 1256, and 1485) and section 144(f)(1) of
title 23, United States Code, shall be--
(A) * * *
* * * * * * *
(2) Territories and puerto rico.--
(A) Fiscal year 2012.--Notwithstanding any
other provision of law, for [the period
beginning on October 1, 2011, and ending on
March 31, 2012,] fiscal year 2012 the portion
of the share of funds of a territory or Puerto
Rico under subsection (b) determined by [\1/2\
of] the amount that the territory or Puerto
Rico received or was authorized to receive for
fiscal year 2011 to carry out section 1934 of
SAFETEA-LU (119 Stat. 1485), shall be--
(i) * * *
* * * * * * *
(e) Extension of Authorizations Under Title V of SAFETEA-
LU.--
(1) In general.--The programs authorized under
paragraphs (1) through (5) of section 5101(a) of
SAFETEA-LU (119 Stat. 1779) shall be continued for [the
period beginning on October 1, 2011, and ending on
March 31, 2012,] fiscal year 2012 at [\1/2\ of] the
funding levels authorized for those programs for fiscal
year 2011.
(2) Distribution of funds.--Funds for programs
continued under paragraph (1) shall be distributed to
major program areas under those programs in the same
proportions as funds were allocated for those program
areas for fiscal year 2011, except that designations
for specific activities shall not be required to be
continued for [the period beginning on October 1, 2011,
and ending on March 31, 2012.] fiscal year 2012.
* * * * * * *
SEC. 112. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Notwithstanding any
other provision of this title or any other law, there is
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account), from amounts provided
under section 111, for administrative expenses of the Federal-
aid highway program [$196,427,625 for the period beginning on
October 1, 2011, and ending on March 31, 2012.] $392,855,250
for fiscal year 2012.
* * * * * * *
----------
SAFETEA-LU
* * * * * * *
TITLE II--HIGHWAY SAFETY
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Highway safety programs.--For carrying out
section 402 of title 23, United States Code,
$163,680,000 for fiscal year 2005, $217,000,000 for
fiscal year 2006, $220,000,000 for fiscal year 2007,
$225,000,000 for fiscal year 2008, [$235,000,000 for
fiscal year 2009, $235,000,000 for fiscal year 2010,
$235,000,000 for fiscal year 2011, and $117,500,000 for
the period beginning on October 1, 2011, and ending on
March 31, 2012.] and $235,000,000 for each of fiscal
years 2009 through 2012.
(2) Highway safety research and development.--For
carrying out section 403 of title 23, United States
Code, $71,424,000 for fiscal year 2005, $110,000,000
for fiscal year 2006, $107,750,000 for fiscal year
2007, $107,750,000 for fiscal year 2008, $105,500,000
for fiscal year 2009, $107,329,000 for fiscal year
2010, [$108,244,000 for fiscal year 2011, and
$54,122,000 for the period beginning on October 1,
2011, and ending on March 31, 2012.] and $108,244,000
for each of fiscal years 2011 and 2012.
(3) Occupant protection incentive grants.--For
carrying out section 405 of title 23, United States
Code, $19,840,000 for fiscal year 2005[, $25,000,000
for fiscal year 2006, $25,000,000 for fiscal year 2007,
$25,000,000 for fiscal year 2008, $25,000,000 for
fiscal year 2009, $25,000,000 for fiscal year 2010,
$25,000,000 for fiscal year 2011, and $12,500,000 for
the period beginning on October 1, 2011, and ending on
March 31, 2012.] and $25,000,000 for each of fiscal
years 2006 through 2012.
(4) Safety belt performance grants.--For carrying out
section 406 of title 23, United States Code,
$124,500,000 for fiscal year 2006, $124,500,000 for
fiscal year 2007, $124,500,000 for fiscal year 2008,
$124,500,000 for fiscal year 2009, $124,500,000 for
fiscal year 2010, $124,500,000 for fiscal year 2011,
[and $24,250,000 for the period beginning on October 1,
2011, and ending on March 31, 2012.] and $48,500,000
for fiscal year 2012.
(5) State traffic safety information system
improvements.--For carrying out section 408 of title
23, United States Code, $34,500,000 [for fiscal year
2006, $34,500,000 for fiscal year 2007, $34,500,000 for
fiscal year 2008, $34,500,000 for fiscal year 2009,
$34,500,000 for fiscal year 2010, $34,500,000 for
fiscal year 2011, and $17,250,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012.] for each of fiscal years 2006 through 2012.
(6) Alcohol-impaired driving countermeasures
incentive grant program.--For carrying out section 410
of title 23, United States Code, $39,680,000 for fiscal
year 2005, $120,000,000 for fiscal year 2006,
$125,000,000 for fiscal year 2007, $131,000,000 for
fiscal year 2008, [$139,000,000 for fiscal year 2009,
$139,000,000 for fiscal year 2010, $139,000,000 for
fiscal year 2011, and $69,500,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012.] and $139,000,000 for each of fiscal years fiscal
years 2009 through 2012.
(7) National driver register.--For the National
Highway Traffic Safety Administration to carry out
chapter 303 of title 49, United States Code, $3,968,000
for fiscal year 2005, $4,000,000 for fiscal year 2006,
$4,000,000 for fiscal year 2007, $4,000,000 for fiscal
year 2008, $4,000,000 for fiscal year 2009, $4,078,000
for fiscal year 2010, $4,116,000 for fiscal year 2011,
[and $2,058,000 for the period beginning on October 1,
2011, and ending on March 31, 2012.] and $4,000,000 for
fiscal year 2012.
(8) High visibility enforcement program.--For
carrying out section 2009 of this title $29,000,000
[for fiscal year 2006, $29,000,000 for fiscal year
2007, $29,000,000 for fiscal year 2008, $29,000,000 for
fiscal year 2009, $29,000,000 for fiscal year 2010,
$29,000,000 for fiscal year 2011, and $14,500,000 for
the period beginning on October 1, 2011, and ending on
March 31, 2012.] for each of fiscal years 2006 through
2012.
(9) Motorcyclist safety.--For carrying out section
2010 of this title $6,000,000 for fiscal year 2006,
$6,000,000 for fiscal year 2007, $6,000,000 for fiscal
year 2008, [$7,000,000 for fiscal year 2009, $7,000,000
for fiscal year 2010, $7,000,000 for fiscal year 2011,
and $3,500,000 for the period beginning on October 1,
2011, and ending on March 31, 2012.] and $7,000,000 for
each of fiscal years 2009 through 2012.
(10) Child safety and child booster seat safety
incentive grants.--For carrying out section 2011 of
this title $6,000,000 for fiscal year 2006, $6,000,000
for fiscal year 2007, $6,000,000 for fiscal year 2008,
[$7,000,000 for fiscal year 2009, $7,000,000 for fiscal
year 2010, $7,000,000 for fiscal year 2011, and
$3,500,000 for the period beginning on October 1, 2011,
and ending on March 31, 2012.] and $7,000,000 for each
of fiscal years 2009 through 2012.
(11) Administrative expenses.--For administrative and
related operating expenses of the National Highway
Traffic Safety Administration in carrying out chapter 4
of title 23, United States Code, and this title
$17,500,000 for fiscal year 2006, $17,750,000 for
fiscal year 2007, $18,250,000 for fiscal year 2008,
$18,500,000 for fiscal year 2009, $25,047,000 for
fiscal year 2010, [$25,328,000 for fiscal year 2011,
and $12,664,000 for the period beginning on October 1,
2011, and ending on March 31, 2012.] and $25,328,000
for each of fiscal years 2011 and 2012.
* * * * * * *
TITLE III--PUBLIC TRANSPORTATION
* * * * * * *
SEC. 3009. URBANIZED AREA FORMULA GRANTS.
(a) * * *
* * * * * * *
(i) Contracted Paratransit Pilot.--
(1) In general.--Notwithstanding section
5302(a)(1)(I) of title 49, United States Code, for
fiscal years 2005 through [2011 and the period
beginning on October 1, 2011, and ending on March 31,
2012,] 2012, a recipient of assistance under section
5307 of such title in urbanized areas with a population
of 558,329 or 747,003 according to the 2000 decennial
census of population may use not more than 20 percent
of such recipient's annual formula apportionment under
section 5307 of such title for the provision of
nonfixed route paratransit services in accordance with
section 223 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12143), but only if the grant recipient
is in compliance with applicable requirements of that
Act, including both fixed route and demand responsive
service and the service is acquired by contract.
* * * * * * *
SEC. 3011. CAPITAL INVESTMENT GRANTS.
(a) * * *
* * * * * * *
(c) Public-Private Partnership Pilot Program.--
(1) * * *
* * * * * * *
(5) Program term.--The Secretary may approve an
application of a recipient for a public-private
partnership for fiscal years 2006 through [2011 and the
period beginning on October 1, 2011, and ending on
March 31, 2012] 2012.
* * * * * * *
(d) Restrictions on Use of Bus Category Funds for Fixed
Guideway Projects.--Funds provided to grantees under the bus
and bus facility category for fixed guideway ferry and gondola
projects in the Department of Transportation and Related
Agencies Appropriations Acts for any of fiscal years 1998
through 2005, or accompanying committee reports, that remain
available and unobligated may be used for new fixed guideway
capital projects under section 5309 of title 49, United States
Code. Funds made available to the same grantees for similar
projects under the bus and bus facility category of section
5309 of title 49, United States Code, in fiscal years 2006
through [2011 and the period beginning on October 1, 2011, and
ending on March 31, 2012,] 2012 may be used for fixed guideway
projects under that section.
* * * * * * *
SEC. 3012. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND
INDIVIDUALS WITH DISABILITIES.
(a) * * *
(b) Elderly Individuals and Individuals With Disabilities
Pilot Program.--
(1) * * *
* * * * * * *
(8) Sunset.--This subsection shall cease to be
effective on [March 31, 2012] September 30, 2012.
* * * * * * *
SEC. 3040. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit
Account of the Highway Trust Fund by, and amounts appropriated
under, subsections (a) through (f) of section 5338 of title 49,
United States Code, shall not exceed--
(1) * * *
* * * * * * *
[(8) $5,059,238,000 for the period beginning on
October 1, 2011, and ending on March 31, 2012, of which
not more than $4,180,282,500 shall be from the Mass
Transit Account.]
(8) $10,458,278,000 for fiscal year 2012, of which
not more than $8,360,565,000 shall be from the Mass
Transit Account.
* * * * * * *
SEC. 3043. PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL
PROJECTS.
(a) * * *
(b) Final Design and Construction.--The following projects
are authorized for final design and construction for fiscal
years 2005 through [2011 and the period beginning on October 1,
2011, and ending on March 31, 2012,] 2012 under paragraphs
(1)(A) and (2)(A) of section 5309(m) of title 49, United States
Code:
(1) * * *
* * * * * * *
(c) Preliminary Engineering.--The following projects are
authorized for preliminary engineering for fiscal years 2005
through [2011 and the period beginning on October 1, 2011, and
ending on March 31, 2012,] 2012 under paragraphs (1)(A) and
(2)(A) of section 5309(m) of title 49, United States Code:
(1) * * *
* * * * * * *
SEC. 3046. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.
(a) * * *
(b) Remainder.--After making allocations under subsection
(a), the remainder of funds made available by section 5338(d)
of title 49, United States Code, for national research and
technology programs under sections 5312, 5314, and 5322 for a
[fiscal year or period] fiscal year shall be allocated at the
discretion of the Secretary to other transit research,
development, demonstration and deployment projects authorized
by sections 5312, 5314, and 5322 of such title.
(c) Additional Appropriations.--The Secretary shall allocate
amounts appropriated pursuant to section 5338(d) of title 49,
United States Code, for national research and technology
programs under sections 5312, 5314, and 5322 of such title--
(1) * * *
[(2) for the period beginning on October 1, 2011, and
ending on March 31, 2012, in amounts equal to 50
percent of 85 percent of the amounts allocated for
fiscal year 2009 under each of paragraphs (2), (3),
(5), (6), and (8) through (25) of subsection (a).]
(2) for fiscal year 2012, in amounts equal to 63
percent of the amounts allocated for fiscal year 2009
under each of paragraphs (2), (3), (5), and (8) through
(25) of subsection (a).
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle A--Commercial Motor Vehicle Safety
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
* * * * * * *
(c) Grant Programs.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) the following sums for the following Federal Motor
Carrier Safety Administration programs:
(1) Commercial driver's license program improvement
grants.--For commercial driver's license program
improvement grants under section 31313 of title 49,
United States Code $25,000,000 for each of fiscal years
2006 through 2011 [and $15,000,000 for the period
beginning on October 1, 2011, and ending on March 31,
2012.] and $30,000,000 for fiscal year 2012.
(2) Border enforcement grants.--For border
enforcement grants under section 31107 of such title
$32,000,000 for each of fiscal years 2006 through [2011
and $16,000,000 for the period beginning on October 1,
2011, and ending on March 31, 2012.] 2012.
(3) Performance and registration information system
management grant program.--For the performance and
registration information system management grant
program under section 31109 of such title $5,000,000
for each of fiscal years 2006 through [2011 and
$2,500,000 for the period beginning on October 1, 2011,
and ending on March 31, 2012.] 2012.
(4) Commercial vehicle information systems and
networks deployment.--For carrying out the commercial
vehicle information systems and networks deployment
program under section 4126 of this Act, $25,000,000 for
each of fiscal years 2006 through [2011 and $12,500,000
for the period beginning on October 1, 2011, and ending
on March 31, 2012.] 2012.
(5) Safety data improvement grants.--For safety data
improvement grants under section 4128 of this Act
$2,000,000 for fiscal year 2006 and $3,000,000 for each
of fiscal years 2007 through [2011 and $1,500,000 for
the period beginning on October 1, 2011, and ending on
March 31, 2012.] 2012.
* * * * * * *
SEC. 4127. OUTREACH AND EDUCATION.
(a) * * *
* * * * * * *
(e) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 to the Federal Motor Carrier Safety
Administration, and $3,000,000 to the National Highway Traffic
Safety Administration, for each of fiscal years 2006, 2007,
2008, 2009, 2010, [and 2011 (and $500,000 to the Federal Motor
Carrier Safety Administration, and $1,500,000 to the National
Highway Traffic Safety Administration, for the period beginning
on October 1, 2011, and ending on March 31, 2012)] 2011, and
2012 to carry out this section (other than subsection (f)).
* * * * * * *
SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.
(a) * * *
* * * * * * *
(c) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 for each of fiscal years 2005 through
[2011 and $500,000 for the period beginning on October 1, 2011,
and ending on March 31, 2012,] 2012 to carry out this section.
* * * * * * *
SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
(a) * * *
* * * * * * *
(d) Termination Date.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.), the advisory committee shall
terminate on [March 31, 2012] September 30, 2012.
* * * * * * *
Subtitle B--Household Goods Transportation
* * * * * * *
SEC. 4213. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO
ENHANCE FEDERAL-STATE RELATIONS.
(a) * * *
* * * * * * *
(d) Termination Date.--The working group shall remain in
effect until [March 31, 2012] September 30, 2012.
* * * * * * *
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
* * * * * * *
Subtitle A--General Authorities on Transportation of Hazardous
Materials
* * * * * * *
SEC. 7131. HAZARDOUS MATERIALS RESEARCH PROJECTS.
(a) * * *
* * * * * * *
(c) Funding.--Of the amounts made available by section
5101(a)(1) of this Act, $1,250,000 for each of fiscal years
2006 through [2011 and $580,000 for the period beginning on
October 1, 2011, and ending on March 31, 2012,] 2012 shall be
available to carry out this section.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
* * * * * * *
CHAPTER 53--PUBLIC TRANSPORTATION
* * * * * * *
Sec. 5305. Planning programs
(a) * * *
* * * * * * *
(g) Allocation of Funds.--Of the funds made available by or
appropriated to carry out this section under section 5338(c)
for fiscal years 2005 through [2011 and for the period
beginning on October 1, 2011, and ending on March 31, 2012]
2012--
(1) * * *
* * * * * * *
Sec. 5307. Urbanized area formula grants
(a) * * *
(b) General Authority.--
(1) * * *
(2) [Special rule for fiscal years 2005 through 2011
and the period beginning on October 1, 2011, and ending
on March 31, 2012.--] Special rule for fiscal years
2005 through 2012.--
(A) Increased flexibility.--The Secretary may
award grants under this section, from funds
made available to carry out this section for
each of the fiscal years 2005 through [2011 and
the period beginning on October 1, 2011, and
ending on March 31, 2012,] 2012, to finance the
operating cost of equipment and facilities for
use in public transportation in an urbanized
area with a population of at least 200,000, as
determined by the 2000 decennial census of
population, if--
(i) * * *
* * * * * * *
(E) [Maximum amounts in fiscal years 2008
through 2011 and the period beginning on
October 1, 2011, and ending on March 31,
2012.--] Maximum amounts in fiscal years 2008
through 2012.--In each of fiscal years 2008
through [2011 and during the period beginning
on October 1, 2011, and ending on March 31,
2012] 2012--
(i) * * *
* * * * * * *
Sec. 5309. Capital investment grants
(a) * * *
* * * * * * *
(m) Allocating Amounts.--
(1) * * *
(2) [Fiscal years 2006 through 2011 and the period
beginning on October 1, 2011, and ending on March 31,
2012.--] Fiscal years 2006 through 2012.--The amounts
made available or appropriated for fiscal years 2006
through [2011 and the period beginning on October 1,
2011, and ending on March 31, 2012,] 2012 under
sections 5338(b) and 5338(c) shall be allocated as
follows:
(A) Capital investment grants.--Of the
amounts appropriated under section 5338(c)--
(i) $200,000,000 for each of fiscal
years 2007 through [2011 and
$100,000,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] 2012 shall be allocated for
projects for new fixed guideway capital
projects of less than $75,000,000 in
accordance with subsection (e); and
* * * * * * *
(6) Funding for ferry boats.--Of the amounts
described in paragraphs (1)(A) and (2)(A)--
(A) * * *
(B) $15,000,000 shall be available in each of
fiscal years 2006 through [2011 and $7,500,000
shall be available for the period beginning on
October 1, 2011, and ending on March 31, 2012,]
2012 for capital projects in Alaska and Hawaii
for new fixed guideway ferry systems and
extension projects utilizing ferry boats, ferry
boat terminals, or approaches to ferry boat
terminals; and
(C) $5,000,000 shall be available for each of
fiscal years 2006 though [2011 and $2,500,000
shall be available for the period beginning on
October 1, 2011, and ending on March 31, 2012,]
2012 for payments to the Denali Commission
under the terms of section 307(e) of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note)
for docks, waterfront development projects, and
related transportation infrastructure.
(7) Bus and bus facility grants.--The amounts made
available under paragraphs (1)(C) and (2)(C) shall be
allocated as follows:
(A) Ferry boat systems.--$10,000,000 shall be
available in each of fiscal years 2006 through
[2011 and $5,000,000 shall be available for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] 2012 for ferry boats or
ferry terminal facilities. Of such funds, the
following amounts shall be set aside for each
fiscal year:
(i) $2,500,000 [for each fiscal year
and $1,250,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] for the San Francisco Water
Transit Authority.
(ii) $2,500,000 [for each fiscal year
and $1,250,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] for the Massachusetts Bay
Transportation Authority Ferry System.
(iii) $1,000,000 [for each fiscal
year and $500,000 for the period
beginning on October 1, 2011, and
ending on March 31, 2012,] for the
Camden, New Jersey Ferry System.
(iv) $1,000,000 [for each fiscal year
and $500,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] for the Governor's Island,
New York Ferry System.
(v) $1,000,000 [for each fiscal year
and $500,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] for the Philadelphia Penn's
Landing Ferry Terminal.
(vi) $1,000,000 [for each fiscal year
and $500,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] for the Staten Island Ferry.
(vii) $650,000 [for each fiscal year
and $325,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] for the Maine State Ferry
Service, Rockland.
(viii) $350,000 [for each fiscal year
and $175,000 for the period beginning
on October 1, 2011, and ending on March
31, 2012,] for the Swans Island, Maine
Ferry Service.
(B) Fuel cell bus program.--The following
amounts shall be set aside for the national
fuel cell bus technology development program
under section 3045 of the Federal Public
Transportation Act of 2005:
(i) * * *
* * * * * * *
[(vii) $6,750,000 for the period
beginning on October 1, 2011, and
ending on March 31, 2012.]
(vii) $13,500,000 for fiscal year
2012.
(C) Projects not in urbanized areas.--Not
less than 5.5 percent shall be available in
each fiscal year [and during the period
beginning on October 1, 2011, and ending on
March 31, 2012,] for projects that are not in
urbanized areas.
(D) Intermodal terminals.--Not less than
$35,000,000 shall be available in each fiscal
year [and not less than $17,500,000 shall be
available for the period beginning on October
1, 2011, and ending on March 31, 2012,] for
intermodal terminal projects, including the
intercity bus portion of such projects.
(E) Bus testing.--$3,000,000 shall be
available in each fiscal year [and $1,500,000
shall be available for the period beginning on
October 1, 2011, and ending on March 31, 2012,]
for bus testing under section 5318.
* * * * * * *
Sec. 5311. Formula grants for other than urbanized areas
(a) * * *
* * * * * * *
(c) Apportionments.--
(1) Public transportation on Indian reservations.--Of
the amounts made available or appropriated for each
fiscal year pursuant to subsections (a)(1)(C)(v) and
(b)(2)(G) of section 5338, the following amounts shall
be apportioned for grants to Indian tribes for any
purpose eligible under this section, under such terms
and conditions as may be established by the Secretary:
(A) * * *
* * * * * * *
[(G) $7,500,000 for the period beginning on
October 1, 2011, and ending on March 31, 2012.]
(G) $15,000,000 for fiscal year 2012.
* * * * * * *
Sec. 5337. Apportionment based on fixed guideway factors
(a) * * *
* * * * * * *
[(g) Special Rule for October 1, 2011, Through March 31,
2012.--The Secretary shall apportion amounts made available for
fixed guideway modernization under section 5309 for the period
beginning on October 1, 2011, and ending on March 31, 2012, in
accordance with subsection (a), except that the Secretary shall
apportion 50 percent of each dollar amount specified in
subsection (a).]
Sec. 5338. Authorizations
(a) * * *
(b) Formula and Bus Grants.--
(1) In general.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry
out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316,
5317, 5320, 5335, 5339, and 5340 and section 3038 of
the Federal Transit Act of 1998 (112 Stat. 387 et seq.)
--
(A) * * *
* * * * * * *
[(G) $4,180,282,500 for the period beginning
on October 1, 2011, and ending on March 31,
2012.]
(G) $8,360,565,000 for fiscal year 2012.
(2) Allocation of funds.--Of the amounts made
available under paragraph (1)--
(A) $95,000,000 for fiscal year 2006,
$99,000,000 for fiscal year 2007, $107,000,000
for fiscal year 2008, [$113,500,000 for each of
fiscal years 2009 and 2010, $113,500,000 for
fiscal year 2011, and $56,750,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $113,500,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5305;
(B) $3,466,681,000 for fiscal year 2006,
$3,606,175,000 for fiscal year 2007,
$3,910,843,000 for fiscal year 2008,
[$4,160,365,000 for each of fiscal years 2009
and 2010, $4,160,365,000 for fiscal year 2011,
and $2,080,182,500 for the period beginning on
October 1, 2011, and ending on March 31, 2012,]
and $4,160,365,000 for each of fiscal years
2009 through 2012 shall be allocated in
accordance with section 5336 to provide
financial assistance for urbanized areas under
section 5307;
(C) $43,000,000 for fiscal year 2006,
$45,000,000 for fiscal year 2007, $49,000,000
for fiscal year 2008, [$51,500,000 for each of
fiscal years 2009 and 2010, $51,500,000 for
fiscal year 2011, and $25,750,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $51,500,000 for each of
fiscal years 2009 through 2012 shall be
available to carry out section 5308;
(D) $1,391,000,000 for fiscal year 2006,
$1,448,000,000 for fiscal year 2007,
$1,570,000,000 for fiscal year 2008,
[$1,666,500,000 for each of fiscal years 2009
and 2010, $1,666,500,000 for fiscal year 2011,
and $833,250,000 for the period beginning on
October 1, 2011, and ending on March 31, 2012,]
and $1,666,500,000 for each of fiscal years
2009 through 2012 shall be allocated in
accordance with section 5337 to provide
financial assistance under section
5309(m)(2)(B);
(E) $822,250,000 for fiscal year 2006,
$855,500,000 for fiscal year 2007, $927,750,000
for fiscal year 2008, [$984,000,000 for each of
fiscal years 2009 and 2010, $984,000,000 for
fiscal year 2011, and $492,000,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $984,000,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5309(m)(2)(C);
(F) $112,000,000 for fiscal year 2006,
$117,000,000 for fiscal year 2007, $127,000,000
for fiscal year 2008, [$133,500,000 for each of
fiscal years 2009 and 2010, $133,500,000 for
fiscal year 2011, and $66,750,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $133,500,000 for each
of fiscal years 2009 through 2012 shall be
available to provide financial assistance for
services for elderly persons and persons with
disabilities under section 5310;
(G) $388,000,000 for fiscal year 2006,
$404,000,000 for fiscal year 2007, $438,000,000
for fiscal year 2008, [$465,000,000 for each of
fiscal years 2009 and 2010, $465,000,000 for
fiscal year 2011, and $232,500,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $465,000,000 for each
of fiscal years 2009 through 2012 shall be
available to provide financial assistance for
other than urbanized areas under section 5311;
(H) $138,000,000 for fiscal year 2006,
$144,000,000 for fiscal year 2007, $156,000,000
for fiscal year 2008, [$164,500,000 for each of
fiscal years 2009 and 2010, $164,500,000 for
fiscal year 2011, and $82,250,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $164,500,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5316;
(I) $78,000,000 for fiscal year 2006,
$81,000,000 for fiscal year 2007, $87,500,000
for fiscal year 2008, [$92,500,000 for each of
fiscal years 2009 and 2010, $92,500,000 for
fiscal year 2011, and $46,250,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $92,500,000 for each of
fiscal years 2009 through 2012 shall be
available to carry out section 5317;
(J) $22,000,000 for fiscal year 2006,
$23,000,000 for fiscal year 2007, $25,000,000
for fiscal year 2008, [$26,900,000 for each of
fiscal years 2009 and 2010, $26,900,000 for
fiscal year 2011, and $13,450,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $26,900,000 for each of
fiscal years 2009 through 2012 shall be
available to carry out section 5320;
(K) $3,500,000 [in fiscal year 2006;
$3,500,000 in fiscal year 2007; $3,500,000 in
fiscal year 2008; $3,500,000 for each of fiscal
years 2009 and 2010, $3,500,000 for fiscal year
2011, and $1,750,000 for the period beginning
on October 1, 2011, and ending on March 31,
2012,] for each of fiscal years 2006 through
2012 shall be available to carry out section
5335;
(L) $25,000,000 [in fiscal year 2006;
$25,000,000 in fiscal year 2007; $25,000,000 in
fiscal year 2008; $25,000,000 for each of
fiscal years 2009 and 2010, $25,000,000 for
fiscal year 2011, and $12,500,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] for each of fiscal years
2006 through 2012 shall be available to carry
out section 5339;
(M) $388,000,000 for fiscal year 2006,
$404,000,000 for fiscal year 2007, $438,000,000
for fiscal year 2008, [$465,000,000 for each of
fiscal years 2009 and 2010, $465,000,000 for
fiscal year 2011, and $232,500,000 for the
period beginning on October 1, 2011, and ending
on March 31, 2012,] and $465,000,000 for each
of fiscal years 2009 through 2012 shall be
allocated in accordance with section 5340 to
provide financial assistance for urbanized
areas under section 5307 and other than
urbanized areas under section 5311; and
(N) $7,500,000 for fiscal year 2006,
$7,600,000 for fiscal year 2007, $8,300,000 for
fiscal year 2008, [$8,800,000 for each of
fiscal years 2009 and 2010, $8,800,000 for
fiscal year 2011, and $4,400,000 for the period
beginning on October 1, 2011, and ending on
March 31, 2012,] and $8,800,000 for each of
fiscal years 2009 through 2012 shall be
available to carry out section 3038 of the
Transportation Equity Act for the 21st Century
(49 U.S.C. 5310 note).
(c) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309(m)(2)(A)--
(1) * * *
* * * * * * *
[(7) $800,000,000 for the period beginning on October
1, 2011, and ending on March 31, 2012.]
(7) $1,600,000,000 for fiscal year 2012.
(d) Research and University Research Centers.--
(1) In general.--There is authorized to be
appropriated to carry out transit cooperative research
programs under section 5313, the National Transit
Institute under section 5315, university research
centers under section 5506, and national research
programs under sections 5312, 5313, 5314, and 5322
$58,000,000 for fiscal year 2006, $61,000,000 for
fiscal year 2007, $65,500,000 for fiscal year 2008,
$69,750,000 for each of fiscal years 2009 [and 2010,
$69,750,000 for fiscal year 2011, and $29,500,000 for
the period beginning on October 1, 2011, and ending on
March 31, 2012,] through 2011 and $44,000,000 for
fiscal year 2012 of which--
(A) * * *
* * * * * * *
[(3) Additional authorizations.--
[(A) October 1, 2011, through March 31,
2012.--Of amounts authorized to be appropriated
for the period beginning on October 1, 2011,
and ending on March 31, 2012, under paragraph
(1), the Secretary shall allocate for each of
the activities and projects described in
subparagraphs (A) through (F) of paragraph (1)
an amount equal to 50 percent of 85 percent of
the amount allocated for fiscal year 2009 under
each such subparagraph.
[(B) University centers program.--
[(i) October 1, 2011, through March
31, 2012.--Of the amounts allocated
under subparagraph (A)(i) for the
university centers program under
section 5506 for the period beginning
on October 1, 2011, and ending on March
31, 2012, the Secretary shall allocate
for each program described in clauses
(i) through (iii) and (v) through
(viii) of paragraph (2)(A) an amount
equal to 50 percent of 85 percent of
the amount allocated for fiscal year
2009 under each such clause.
[(ii) Funding.--If the Secretary
determines that a project or activity
described in paragraph (2) received
sufficient funds in fiscal year 2011,
or a previous fiscal year, to carry out
the purpose for which the project or
activity was authorized, the Secretary
may not allocate any amounts under
clause (i) for the project or activity
for fiscal year 2012, or any subsequent
fiscal year.]
(3) Additional authorizations.--
(A) Research.--Of amounts authorized to be
appropriated under paragraph (1) for fiscal
year 2012, the Secretary shall allocate for
each of the activities and projects described
in subparagraphs (A) through (F) of paragraph
(1) an amount equal to 63 percent of the amount
allocated for fiscal year 2009 under each such
subparagraph.
(B) University centers program.--
(i) Fiscal year 2012.--Of the amounts
allocated under subparagraph (A)(i) for
the university centers program under
section 5506 for fiscal year 2012, the
Secretary shall allocate for each
program described in clauses (i)
through (iii) and (v) through (viii) of
paragraph (2)(A) an amount equal to 63
percent of the amount allocated for
fiscal year 2009 under each such
clause.
(ii) Funding.--If the Secretary
determines that a project or activity
described in paragraph (2) received
sufficient funds in fiscal year 2011,
or a previous fiscal year, to carry out
the purpose for which the project or
activity was authorized, the Secretary
may not allocate any amounts under
clause (i) for the project or activity
for fiscal year 2012 or any subsequent
fiscal year.
(e) Administration.--There is authorized to be appropriated
to carry out section 5334--
(1) * * *
* * * * * * *
[(7) $49,455,500 for the period beginning on October
1, 2011, and ending on March 31, 2012.]
(7) $98,713,000 for fiscal year 2012.
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
* * * * * * *
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS
* * * * * * *
Sec. 31104. Availability of amounts
(a) In General.--Subject to subsection (f), there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out section
31102--
(1) * * *
* * * * * * *
[(8) $106,000,000 for the period beginning on October
1, 2011, and ending on March 31, 2012.]
(8) $212,000,000 for fiscal year 2012.
* * * * * * *
(i) Administrative Expenses.--
(1) Authorization of appropriations.--There are
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) for the
Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety
Administration--
(A) * * *
* * * * * * *
[(H) $122,072,000 for the period beginning on
October 1, 2011, and ending on March 31, 2012.]
(H) $244,144,000 for fiscal year 2012.
* * * * * * *
(k) High-Priority Activities.--
(1) * * *
(2) Set aside.--The Secretary may set aside from
amounts made available by subsection (a) up to
$15,000,000 for each of fiscal years 2006 through [2011
and $7,500,000 for the period beginning on October 1,
2011, and ending on March 31, 2012,] 2012 for States,
local governments, and organizations representing
government agencies or officials described in paragraph
(3) for carrying out high priority activities and
projects that improve commercial motor vehicle safety
and compliance with commercial motor vehicle safety
regulations (including activities and projects that are
national in scope), increase public awareness and
education, demonstrate new technologies, and reduce the
number and rate of accidents involving commercial motor
vehicles.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
(a) * * *
* * * * * * *
(g) Safety Reviews of New Operators.--
(1) * * *
* * * * * * *
(5) New entrant audits.--
(A) * * *
(B) Set aside.--The Secretary shall set aside
from amounts made available by section 31104(a)
up to $29,000,000 per fiscal year [and up to
$14,500,000 for the period beginning on October
1, 2011, and ending on March 31, 2012,] for
audits of new entrant motor carriers conducted
pursuant to this paragraph.
* * * * * * *
----------
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
* * * * * * *
Sec. 4. (a) In General.--For each of fiscal years 2006
through [2011 and for the period beginning on October 1, 2011,
and ending on March 31, 2012,] 2012, the balance of each annual
appropriation made in accordance with the provisions of section
3 remaining after the distributions for administrative expenses
and other purposes under subsection (b) and for multistate
conservation grants under section 14 shall be distributed as
follows:
(1) * * *
* * * * * * *
(b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
(1) In general.--
(A) Set-aside for administration.--From the
annual appropriation made in accordance with
section 3, for each of fiscal years 2006
through [2011 and for the period beginning on
October 1, 2011, and ending on March 31, 2012,]
2012, the Secretary of the Interior may use no
more than the amount specified in subparagraph
(B) for the fiscal year for expenses for
administration incurred in the implementation
of this Act, in accordance with this section
and section 9. The amount specified in
subparagraph (B) for a fiscal year may not be
included in the amount of the annual
appropriation distributed under subsection (a)
for the fiscal year.
* * * * * * *
[The version of existing law that appears below reflects the amendments
made by H.R. 7, as reported, including the provisions subject to the
effective date contained in section 3 of the bill. Where certain
provisions of existing law are amended by both title XII and other
titles of the bill, the version below reflects the execution of
amendments by title XII--as if the amendments made by title XII reflect
current law--in order to show the proposed amendments made by the other
titles of the bill.]
TITLE 23, UNITED STATES CODE
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
Sec.
101. Definitions and declaration of policy.
* * * * * * *
[110. Revenue aligned budget authority.]
* * * * * * *
[117. High priority projects program.]
* * * * * * *
[119. Interstate maintenance program.]
119. National Highway System program.
* * * * * * *
[136. Control of junkyards.]
* * * * * * *
[144. Highway bridge program.]
* * * * * * *
[151. National bridge inspection program.]
151. National highway bridge and tunnel inventory and inspection
program.
[152. Hazard elimination program.]
* * * * * * *
[155. Access highways to public recreation areas on certain lakes.
[156. Proceeds from the sale or lease of real property.
[157. Safety incentive grants for use of seat belts.]
156. Sale or lease of real property.
* * * * * * *
[160. Reimbursement for segments of the Interstate System constructed
without Federal assistance.]
* * * * * * *
[162. National scenic byways program.]
* * * * * * *
167. Integration of planning and environmental review.
168. Development of programmatic mitigation plans.
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions
apply:
(1) * * *
(2) Carpool project.--The term ``carpool project''
means any project to encourage the use of carpools and
vanpools, including provision of carpooling
opportunities to the elderly and individuals with
disabilities, systems for locating potential riders and
informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway
lanes as preferential carpool highway lanes, providing
related traffic control devices, [and] designating
existing facilities for use for preferential parking
for carpools, and real-time ridesharing projects (where
drivers, using an electronic transfer of funds, recover
costs directly associated with the trip provided using
location technology to quantify the direct costs
associated with the trip, if the cost recovered does
not exceed the cost of the trip provided).
* * * * * * *
[(7) Federal lands highway.--The term ``Federal lands
highway'' means a forest highway, public lands highway,
park road, parkway, refuge road, and Indian reservation
road that is a public road.]
* * * * * * *
[(9) Forest highway.--The term ``forest highway''
means a forest road under the jurisdiction of, and
maintained by, a public authority and open to public
travel.]
* * * * * * *
[(12) Indian reservation road.--The term ``Indian
reservation road'' means a public road that is located
within or provides access to an Indian reservation or
Indian trust land or restricted Indian land that is not
subject to fee title alienation without the approval of
the Federal Government, or Indian and Alaska Native
villages, groups, or communities in which Indians and
Alaskan Natives reside, whom the Secretary of the
Interior has determined are eligible for services
generally available to Indians under Federal laws
specifically applicable to Indians.]
* * * * * * *
[(19) Park road.--The term ``park road'' means a
public road, including a bridge built primarily for
pedestrian use, but with capacity for use by emergency
vehicles, that is located within, or provides access
to, an area in the National Park System with title and
maintenance responsibilities vested in the United
States.
[(20) Parkway.--The term ``parkway'', as used in
chapter 2 of this title, means a parkway authorized by
Act of Congress on lands to which title is vested in
the United States.]
* * * * * * *
[(24) Public lands development roads and trails.--The
term ``public lands development roads and trails''
means those roads and trails that the Secretary of the
Interior determines are of primary importance for the
development, protection, administration, and
utilization of public lands and resources under the
control of the Secretary of the Interior.
[(25) Public lands highway.--The term ``public lands
highway'' means a forest road under the jurisdiction of
and maintained by a public authority and open to public
travel or any highway through unappropriated or
unreserved public lands, nontaxable Indian lands, or
other Federal reservations under the jurisdiction of
and maintained by a public authority and open to public
travel.
[(26) Public lands highways.--The term ``public lands
highways'' means those main highways through
unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations, which are
on the Federal-aid systems.]
* * * * * * *
[(28) Refuge road.--The term ``refuge road'' means a
public road that provides access to or within a unit of
the National Wildlife Refuge System and for which title
and maintenance responsibility is vested in the United
States Government.]
* * * * * * *
(35) Transportation enhancement activity.--The term
``transportation enhancement activity'' means, with
respect to any project or the area to be served by the
project, any of the following activities as the
activities relate to surface transportation:
(A) * * *
* * * * * * *
[(C) Acquisition of scenic easements and
scenic or historic sites (including historic
battlefields).]
[(D)] (C) Scenic or historic highway programs
(including the provision of tourist and welcome
center facilities).
[(E)] (D) Landscaping and other scenic
beautification.
[(F) Historic preservation.
[(G) Rehabilitation and operation of historic
transportation buildings, structures, or
facilities (including historic railroad
facilities and canals).
[(H) Preservation of abandoned railway
corridors (including the conversion and use of
the corridors for pedestrian or bicycle
trails).]
[(I)] (E) Inventory, control, and removal of
outdoor advertising.
[(J)] (F) Archaeological planning and
research.
[(K)] (G) Environmental mitigation--
(i) * * *
* * * * * * *
[(L) Establishment of transportation
museums.]
* * * * * * *
(40) Federal land management agency.--The term
``Federal land management agency'' means each of the
following:
(A) The National Park Service.
(B) The Forest Service.
(C) The United States Fish and Wildlife
Service.
(D) The Corps of Engineers.
(E) The Bureau of Land Management.
(41) Federal lands.--The term ``Federal lands'' means
lands administered by a Federal land management agency.
(42) Federal lands highway.--The term ``Federal lands
highway'' means a public road, highway, bridge, or
trail that is located on, is adjacent to, or provides
access to Federal lands and appears on the national
inventory of Federal lands highways maintained under
section 203(d).
(43) Federal lands transportation facility.--The term
``Federal lands transportation facility'' means a
transportation facility eligible for assistance under
section 203(b).
(44) Tribal road.--The term ``tribal road'' means a
public road, highway, bridge, or trail that is located
on or provides access to tribal lands and appears on
the national inventory of tribal roads maintained under
section 202(c).
(45) Tribal transportation facility.--The term
``tribal transportation facility'' means a
transportation facility eligible for assistance under
section 202(b).
(b) Declaration of Policy.--
(1) * * *
* * * * * * *
(4) Expedited project delivery.--Congress declares
that it is in the national interest to expedite the
delivery of surface transportation projects by
substantially reducing the average length of the
environmental review process. Accordingly, it is the
policy of the United States that--
(A) the Secretary shall have the lead role
among Federal agencies in carrying out the
environmental review process for surface
transportation projects;
(B) each Federal agency shall cooperate with
the Secretary to expedite the environmental
review process for surface transportation
projects;
(C) there shall be a presumption that the
mode, facility type, and corridor location for
a surface transportation project will be
determined in the transportation planning
process, as established in sections 5203 and
5204 of title 49;
(D) project sponsors shall not be prohibited
from carrying out pre-construction project
development activities concurrently with the
environmental review process;
(E) programmatic approaches shall be used, to
the maximum extent possible, to reduce the need
for project-by-project reviews and decisions by
Federal agencies; and
(F) the Secretary shall actively support
increased opportunities for project sponsors to
assume responsibilities of the Secretary in
carrying out the environmental review process.
* * * * * * *
Sec. 103. Federal-aid systems
(a) * * *
(b) National Highway System.--
(1) Description.--The National Highway System
consists of the highway routes and connections to
transportation facilities depicted on the map submitted
by the Secretary to Congress with the report entitled
``Pulling Together: The National Highway System and its
Connections to Major Intermodal Terminals'' and dated
May 24, 1996 and the modifications to the system
approved by the Secretary before the date of enactment
of the American Energy and Infrastructure Jobs Act of
2012. The system shall--
(A) * * *
* * * * * * *
(C) serve interstate and interregional travel
and commerce.
(2) Components.--The National Highway System
described in paragraph (1) consists of the following:
(A) * * *
(B) Other urban and rural principal arterial
routes and border crossings on such routes not
included on the National Highway System before
the date of enactment of the American Energy
and Infrastructure Jobs Act of 2012.
(C) Other connector highways (including toll
facilities) that provide motor vehicle access
between arterial routes on the National Highway
System and a major intermodal transportation
facility not included on the National Highway
System before the date of enactment of the
American Energy and Infrastructure Jobs Act of
2012.
* * * * * * *
[(6) State eligible projects for nhs.--Subject to
approval by the Secretary, funds apportioned to a State
under section 104(b)(1) for the National Highway System
may be obligated for any of the following:
[(A) Construction, reconstruction,
resurfacing, restoration, and rehabilitation of
segments of the National Highway System.
[(B) Operational improvements for segments of
the National Highway System.
[(C) Construction of, and operational
improvements for, a Federal-aid highway not on
the National Highway System, and construction
of a transit project eligible for assistance
under chapter 53 of title 49, if--
[(i) the highway or transit project
is in the same corridor as, and in
proximity to, a fully access-controlled
highway designated as a part of the
National Highway System;
[(ii) the construction or
improvements will improve the level of
service on the fully access-controlled
highway described in clause (i) and
improve regional traffic flow; and
[(iii) the construction or
improvements are more cost-effective
than an improvement to the fully
access-controlled highway described in
clause (i).
[(D) Highway safety improvements for segments
of the National Highway System.
[(E) Transportation planning in accordance
with sections 134 and 135.
[(F) Highway research and planning in
accordance with chapter 5.
[(G) Highway-related technology transfer
activities.
[(H) Capital and operating costs for traffic
monitoring, management, and control facilities
and programs.
[(I) Fringe and corridor parking facilities.
[(J) Carpool and vanpool projects.
[(K) Bicycle transportation and pedestrian
walkways in accordance with section 217.
[(L) Development, establishment, and
implementation of management systems under
section 303.
[(M) In accordance with all applicable
Federal law (including regulations),
participation in natural habitat and wetland
mitigation efforts related to projects funded
under this title, which may include
participation in natural habitat and wetland
mitigation banks, contributions to statewide
and regional efforts to conserve, restore,
enhance, and create natural habitats and
wetland, and development of statewide and
regional natural habitat and wetland
conservation and mitigation plans, including
any such banks, efforts, and plans authorized
under the Water Resources Development Act of
1990 (Public Law 101-640) (including crediting
provisions). Contributions to the mitigation
efforts described in the preceding sentence may
take place concurrent with or in advance of
project construction; except that contributions
in advance of project construction may occur
only if the efforts are consistent with all
applicable requirements of Federal law
(including regulations) and State
transportation planning processes. With respect
to participation in a natural habitat or
wetland mitigation effort related to a project
funded under this title that has an impact that
occurs within the service area of a mitigation
bank, preference shall be given, to the maximum
extent practicable, to the use of the
mitigation bank if the bank contains sufficient
available credits to offset the impact and the
bank is approved in accordance with the Federal
Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg.
58605 (November 28, 1995)) or other applicable
Federal law (including regulations).
[(N) Publicly-owned intracity or intercity
bus terminals.
[(O) Infrastructure-based intelligent
transportation systems capital improvements.
[(Q) Environmental restoration and pollution
abatement in accordance with section 328.
[(R) Control of noxious weeds and aquatic
noxious weeds and establishment of native
species in accordance with section 329.
[(7) Territory eligible projects.--Subject to
approval by the Secretary, funds set aside for this
program under section 104(b)(1) for the National
Highway System may be obligated for projects eligible
for assistance under the territorial highway program
under section 215.]
(6) Requirement for state asset management plan for
national highway system.--
(A) In general.--A State shall develop and
implement a risk-based State asset management
plan for managing all infrastructure assets in
the right-of-way corridor of the National
Highway System based on a process established
by the Secretary. The process shall require use
of quality information and economic and
engineering analysis to identify a sequence of
maintenance, repair, and rehabilitation actions
that will achieve and maintain a desired state
of good repair over the lifecycle of the
network at the least possible cost.
(B) Performance goals.--A State asset
management plan shall include strategies
leading to a program of projects that will make
progress toward achievement of the national
goals for infrastructure condition and
performance of the National Highway System in a
manner consistent with the requirements of
chapter 52 of title 49.
(C) Plan contents.--A State asset management
plan shall be in a form that the Secretary
determines to be appropriate and shall include,
at a minimum, the following:
(i) A summary listing of the highway
infrastructure assets on the National
Highway System in the State that
includes current condition and
performance statistics by asset.
(ii) Asset management objectives and
measures.
(iii) Analysis of lifecycle cost,
value for investment, and risk
management.
(iv) A financial plan.
(v) Investment strategies.
(D) Process.--Not later than 2 years after
the date of enactment of the American Energy
and Infrastructure Jobs Act of 2012, the
Secretary shall establish a process by which a
State shall develop and implement a risk-based
State asset management plan described in
subparagraph (A).
(E) Compliance.--Notwithstanding section 120,
with respect to the second fiscal year
beginning after the date of establishment of
the process under subparagraph (D) or any
subsequent fiscal year, if the Secretary
determines that a State has not developed and
implemented a State asset management plan in a
manner consistent with this section, the
Federal share payable on account of any project
or activity carried out by the State in that
fiscal year under section 119 shall be 70
percent.
* * * * * * *
[Sec. 104. Apportionment
[(a) Administrative Expenses.--
[(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to be made available to the
Secretary for administrative expenses of the Federal
Highway Administration--
[(A) $353,024,000 for fiscal year 2005;
[(B) $370,613,540 for fiscal year 2006;
[(C) $389,079,500 for fiscal year 2007;
[(D) $408,465,500 for fiscal year 2008; and
[(E) $423,717,460 for fiscal year 2009.
[(2) Purposes.--The funds authorized by this
subsection shall be used--
[(A) to administer the provisions of law to
be financed from appropriations for the
Federal-aid highway program and programs
authorized under chapter 2; and
[(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system.
[(3) Availability.--The funds made available under
paragraph (1) shall remain available until expended.
[(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the set-asides authorized by
subsections (d) and (f) and section 130(e), shall apportion the
remainder of the sums authorized to be appropriated for
expenditure on the Interstate and National Highway System
program, the Congestion Mitigation and Air Quality Improvement
program, the highway safety improvement program, and the
Surface Transportation program for that fiscal year, among the
several States in the following manner:
[(1) National Highway System component.--
[(A) In general.--For the National Highway
System (excluding funds apportioned under
paragraph (4)), $40,000,000 for each of fiscal
years 2005 and 2006 and $50,000,000 for each of
fiscal years 2007 through 2009 for the
territorial highway program under section 215,
$30,000,000 for each of fiscal years 2005
through 2009 for the Alaska Highway, and the
remainder apportioned as follows:
[(i) 25 percent in the ratio that--
[(I) the total lane miles of
principal arterial routes
(excluding Interstate System
routes) in each State; bears to
[(II) the total lane miles of
principal arterial routes
(excluding Interstate System
routes) in all States.
[(ii) 35 percent in the ratio that--
[(I) the total vehicle miles
traveled on lanes on principal
arterial routes (excluding
Interstate System routes) in
each State; bears to
[(II) the total vehicle miles
traveled on lanes on principal
arterial routes (excluding
Interstate System routes) in
all States.
[(iii) 30 percent in the ratio that--
[(I) the total diesel fuel
used on highways in each State;
bears to
[(II) the total diesel fuel
used on highways in all States.
[(iv) 10 percent in the ratio that--
[(I) the quotient obtained by
dividing the total lane miles
on principal arterial highways
in each State by the total
population of the State; bears
to
[(II) the quotient obtained
by dividing the total lane
miles on principal arterial
highways in all States by the
total population of all States.
[(B) Minimum apportionment.--Notwithstanding
subparagraph (A) and paragraph (4), each State
shall receive a minimum of 1/2 of 1 percent of
the funds apportioned under subparagraph (A)
and paragraph (4).
[(2) Congestion mitigation and air quality
improvement program.--
[(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
[(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
[(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
[(B) Calculation of weighted nonattainment
and maintenance area population.--Subject to
subparagraph (C), for the purpose of
subparagraph (A), the weighted nonattainment
and maintenance area population shall be
calculated by multiplying the population of
each area in a State that was a nonattainment
area or maintenance area as described in
section 149(b) for ozone or carbon monoxide by
a factor of--
[(i) 1.0 if, at the time of
apportionment, the area is a
maintenance area;
[(ii) 1.0 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et
seq.);
[(iii) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under such subpart;
[(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under such subpart;
[(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under such subpart;
[(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under such subpart;
[(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone,
but is classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide; or
[(viii) 1.0 if, at the time of
apportionment, an area is designated as
nonattainment for ozone under subpart 1
of part D of title I of such Act (42
U.S.C. 7512 et seq.).
[(C) Additional adjustment for carbon
monoxide areas.--If, in addition to being
designated as a nonattainment or maintenance
area for ozone as described in section 149(b),
any county within the area was also classified
under subpart 3 of part D of title I of the
Clean Air Act (42 U.S.C. 7512 et seq.) as a
nonattainment or maintenance area described in
section 149(b) for carbon monoxide, the
weighted nonattainment or maintenance area
population of the county, as determined under
clauses (i) through (vi) or clause (viii) of
subparagraph (B), shall be further multiplied
by a factor of 1.2.
[(D) Minimum apportionment.--Notwithstanding
any other provision of this paragraph, each
State shall receive a minimum of 1/2 of 1
percent of the funds apportioned under this
paragraph.
[(E) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
[(3) Surface transportation program.--
[(A) In general.--For the surface
transportation program, in accordance with the
following formula:
[(i) 25 percent of the apportionments
in the ratio that--
[(I) the total lane miles of
Federal-aid highways in each
State; bears to
[(II) the total lane miles of
Federal-aid highways in all
States.
[(ii) 40 percent of the
apportionments in the ratio that--
[(I) the total vehicle miles
traveled on lanes on Federal-
aid highways in each State;
bears to
[(II) the total vehicle miles
traveled on lanes on Federal-
aid highways in all States.
[(iii) 35 percent of the
apportionments in the ratio that--
[(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
[(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
[(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of 1/2 of 1 percent of the funds
apportioned under this paragraph.
[(4) Interstate maintenance component.--For
resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System--
[(A) 33 1/3 percent in the ratio that--
[(i) the total lane miles on
Interstate System routes open to
traffic in each State; bears to
[(ii) the total of all such lane
miles in all States;
[(B) 33 1/3 percent in the ratio that--
[(i) the total vehicle miles traveled
on Interstate System routes open to
traffic in each State; bears to
[(ii) the total of all such vehicle
miles traveled in all States; and
[(C) 33 1/3 percent in the ratio that--
[(i) the total of each State's annual
contributions to the Highway Trust Fund
(other than the Mass Transit Account)
attributable to commercial vehicles;
bears to
[(ii) the total of such annual
contributions by all States.
[(5) Highway safety improvement program.--
[(A) In general.--For the highway safety
improvement program, in accordance with the
following formula:
[(i) 33\1/3\ percent of the
apportionments in the ratio that--
[(I) the total lane miles of
Federal-aid highways in each
State; bears to
[(II) the total lane miles of
Federal-aid highways in all
States.
[(ii) 33\1/3\ percent of the
apportionments in the ratio that--
[(I) the total vehicle miles
traveled on lanes on Federal-
aid highways in each State;
bears to
[(II) the total vehicle miles
traveled on lanes on Federal-
aid highways in all States.
[(iii) 33\1/3\ percent of the
apportionments in the ratio that--
[(I) the number of fatalities
on Federal-aid highways in each
State in the latest fiscal year
for which data are available;
bears to
[(II) the number of
fatalities on Federal-aid
highways in all States in the
latest fiscal year for which
data are available.
[(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of one-half of 1 percent of the funds
apportioned under this paragraph.
[(c) Transferability of NHS Apportionments.--A State may
transfer not to exceed 50 percent of the State's apportionment
under subsection (b)(1) to the apportionment of the State under
subsection (b)(3). A State may transfer not to exceed 100
percent of the State's apportionment under subsection (b)(1) to
the apportionment of the State under subsection (b)(3) if the
State requests to make such transfer and the Secretary approves
such transfer as being in the public interest, after providing
notice and sufficient opportunity for public comment. Section
133(d) shall not apply to funds transferred under this
subsection.
[(d) Operation Lifesaver and High Speed Rail Corridors.--
[(1) Operation lifesaver.--To carry out a public
information and education program to help prevent and
reduce motor vehicle accidents, injuries, and
fatalities and to improve driver performance at
railway-highway crossings--
[(A) before making an apportionment under
subsection (b)(3) for fiscal year 2005, the
Secretary shall set aside $560,000 for such
fiscal year; and
[(B) there is authorized to be appropriated
from the Highway Trust Fund (other than the
Mass Transit Account) $560,000 for each of
fiscal years 2006 through 2009.
[(2) Railway-highway crossing hazard elimination in
high speed rail corridors.--
[(A) Funding.--To carry out the elimination
of hazards at railway-highway crossings--
[(i) before making an apportionment
under subsection (b)(3) for fiscal year
2005, the Secretary shall set aside
$5,250,000 for such fiscal year; and
[(ii) there is authorized to be
appropriated from the Highway Trust
Fund (other than the Mass Transit
Account) $7,250,000 for fiscal year
2006, $10,000,000 for fiscal year 2007,
$12,500,000 for fiscal year 2008, and
$15,000,000 for fiscal year 2009.
[(B) Eligible corridors.--Subject to
subparagraph (E), funds made available under
subparagraph (A) shall be expended for projects
in--
[(i) 5 railway corridors selected by
the Secretary in accordance with this
subsection (as in effect on the day
before the date of enactment of this
clause);
[(ii) 3 railway corridors selected by
the Secretary in accordance with
subparagraphs (C) and (D);
[(iii) a Gulf Coast high speed
railway corridor (as designated by the
Secretary);
[(iv) a Keystone high speed railway
corridor from Philadelphia to
Harrisburg, Pennsylvania; and
[(v) an Empire State railway corridor
from New York City to Albany to
Buffalo, New York.
[(C) Required inclusion of high speed rail
lines.--A corridor selected by the Secretary
under subparagraph (B) shall include rail lines
where railroad speeds of 90 miles or more per
hour are occurring or can reasonably be
expected to occur in the future.
[(D) Considerations in corridor selection.--
In selecting corridors under subparagraph (B),
the Secretary shall consider--
[(i) projected rail ridership volume
in each corridor;
[(ii) the percentage of each corridor
over which a train will be capable of
operating at its maximum cruise speed
taking into account such factors as
topography and other traffic on the
line;
[(iii) projected benefits to
nonriders such as congestion relief on
other modes of transportation serving
each corridor (including congestion in
heavily traveled air passenger
corridors);
[(iv) the amount of State and local
financial support that can reasonably
be anticipated for the improvement of
the line and related facilities; and
[(v) the cooperation of the owner of
the right-of-way that can reasonably be
expected in the operation of high speed
rail passenger service in each
corridor.
[(E) Certain improvements.--Of such set-
aside, not less than $250,000 for fiscal year
2005, $1,000,000 for fiscal year 2006,
$1,750,000 for fiscal year 2007, $2,250,000 for
fiscal year 2008, and $3,000,000 for fiscal
year 2009 shall be available for eligible
improvements to the Minneapolis/St. Paul-
Chicago segment of the Midwest High Speed Rail
Corridor.
[(F) Authorization of appropriations.--There
is authorized to be appropriated $15,000,000
for each of fiscal years 1999 through 2003 to
carry out this subsection.
[(e) Certification of Apportionments.--
[(1) In general.--On October 1 of each fiscal year
the Secretary shall certify to each of the State
transportation departments the sums which he has
apportioned hereunder to each State for such fiscal
year. To permit the States to develop adequate plans
for the utilization of apportioned sums, the Secretary
shall advise each State of the amount that will be
apportioned each year under this section not later than
ninety days before the beginning of the fiscal year for
which the sums to be apportioned are authorized, except
that in the case of the Interstate System the Secretary
shall advise each State ninety days prior to the
apportionment of such funds.
[(2) Notice to states.--If the Secretary has not made
an apportionment under section 104, 105, or 144 by the
21st day of a fiscal year beginning after September 30,
1998, the Secretary shall transmit, by such 21st day,
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate a written
statement of the reason for not making such
apportionment in a timely manner.
[(f) Metropolitan Planning.--
[(1) Set-aside.--On October 1 of each fiscal year,
the Secretary shall set aside 1.25 percent of the funds
authorized to be appropriated for the Interstate
maintenance, national highway system, surface
transportation, congestion mitigation and air quality
improvement, and highway bridge programs authorized
under this title to carry out the requirements of
section 134.
[(2) Apportionment to states of set-aside funds.--
These funds shall be apportioned to the States in the
ratio which the population in urbanized areas or parts
thereof, in each State bears to the total population in
such urbanized areas in all the States as shown by the
latest available census, except that no State shall
receive less than one-half percent of the amount
apportioned.
[(3) Use of funds.--
[(A) In general.--The funds apportioned to
any State under paragraph (2) of this
subsection shall be made available by the State
to the metropolitan planning organizations
responsible for carrying out the provisions of
section 134 of this title, except that States
receiving the minimum apportionment under
paragraph (2) may, in addition, subject to the
approval of the Secretary, use the funds
apportioned to finance transportation planning
outside of urbanized areas.
[(B) Unused funds.--Any funds that are not
used to carry out section 134 may be made
available by a metropolitan planning
organization to the State to fund activities
under section 135.
[(4) Distribution of funds within states.--
[(A) In general.--The distribution within any
State of the planning funds made available to
agencies under paragraph (3) of this subsection
shall be in accordance with a formula developed
by each State and approved by the Secretary
which shall consider but not necessarily be
limited to, population, status of planning,
attainment of air quality standards,
metropolitan area transportation needs, and
other factors necessary to provide for an
appropriate distribution of funds to carry out
the requirements of section 134 and other
applicable requirements of Federal law.
[(B) Reimbursement.--Not later than 30 days
after the date of receipt by a State of a
request for reimbursement of expenditures made
by a metropolitan planning organization for
carrying out section 134, the State shall
reimburse, from funds distributed under this
paragraph to the metropolitan planning
organization by the State, the metropolitan
planning organization for those expenditures.
[(5) Determination of population figures.--For the
purposes of determining population figures under this
subsection, the Secretary shall use the most recent
estimate published by the Secretary of Commerce.
[(g) Not more than 40 per centum of the amount apportioned in
any fiscal year to each State in accordance with sections 130
and 144 may be transferred from the apportionment under one
section to the apportionment under any other of such sections
if such a transfer is requested by the State transportation
department and is approved by the Secretary as being in the
public interest. The Secretary may approve the transfer of 100
per centum of the apportionment under one such section to the
apportionment under any other of such sections if such transfer
is requested by the State transportation department, and is
approved by the Secretary as being in the public interest, if
he has received satisfactory assurances from such State
transportation department that the purposes of the program from
which such funds are to be transferred have been met. A State
may transfer not to exceed 50 percent of the State's
apportionment under section 144 in any fiscal year to the
apportionment of such State under subsection (b)(1) or
subsection (b)(3) of this section. Any transfer to subsection
(b)(3) shall not be subject to section 133(d). Nothing in this
subsection authorizes the transfer of any amount apportioned
from the Highway Trust Fund to any apportionment the funds for
which were not from the Highway Trust Fund, and nothing in this
subsection authorizes the transfer of any amount apportioned
from funds not from the Highway Trust Fund to any apportionment
the funds for which were from the Highway Trust Fund.
[(h) Recreational Trails Program.--
[(1) Administrative costs.--Before apportioning sums
authorized to be appropriated to carry out the
recreational trails program under section 206, the
Secretary shall deduct for administrative, research,
technical assistance, and training expenses for such
program $840,000 for each of fiscal years 2005 through
2009. The Secretary may enter into contracts with for-
profit organizations or contracts, partnerships, or
cooperative agreements with other government agencies,
institutions of higher learning, or nonprofit
organizations to perform these tasks.
[(2) Apportionment to the States.--The Secretary
shall apportion the sums authorized to be appropriated
for expenditure on the recreational trails program for
each fiscal year, among the States in the following
manner:
[(A) 50 percent of that amount shall be
apportioned equally among eligible States.
[(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway
recreational fuel use in each of those States
during the preceding year.
[(3) Eligible state defined.--In this section, the
term ``eligible State'' means a State that meets the
requirements of section 206(c).
[(i) Audits of Highway Trust Fund.--From administrative funds
made available under subsection (a), the Secretary may
reimburse the Office of Inspector General of the Department of
Transportation for the conduct of annual audits of financial
statements in accordance with section 3521 of title 31.
[(j) Report to Congress.--The Secretary shall submit to
Congress a report, and also make such report available to the
public in a user-friendly format via the Internet, for each
fiscal year on--
[(1) the amount obligated, by each State, for
Federal-aid highways and highway safety construction
programs during the preceding fiscal year;
[(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each
State by fiscal year under this section and sections
105 and 144;
[(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
[(4) the rates of obligation of funds apportioned or
set aside under this section and sections 105, 133, and
144, according to--
[(A) program;
[(B) funding category or subcategory;
[(C) type of improvement;
[(D) State; and
[(E) sub-State geographic area, including
urbanized and rural areas, on the basis of the
population of each such area.
[(k) Transfer of Highway and Transit Funds.--
[(1) Transfer of highway funds for transit
projects.--
[(A) In general.--Subject to subparagraph
(B), funds made available for transit projects
or transportation planning under this title may
be transferred to and administered by the
Secretary in accordance with chapter 53 of
title 49.
[(B) Non-Federal share.--The provisions of
this title relating to the non-Federal share
shall apply to the funds transferred under
subparagraph (A).
[(2) Transfer of transit funds for highway
projects.--
[(A) In general.--Subject to subparagraph
(B), funds made available for highway projects
or transportation planning under chapter 53 of
title 49 may be transferred to and administered
by the Secretary in accordance with this title.
[(B) Non-Federal share.--The provisions of
chapter 53 of title 49 relating to the non-
Federal share shall apply to funds transferred
under subparagraph (A).
[(3) Transfer of funds among states or to Federal
Highway Administration.--
[(A) In general.--Subject to subparagraphs
(B) and (C), the Secretary may, at the request
of a State, transfer funds apportioned or
allocated under this title to the State to
another State, or to the Federal Highway
Administration, for the purpose of funding one
or more projects that are eligible for
assistance with funds so apportioned or
allocated.
[(B) Apportionment.--The transfer shall have
no effect on any apportionment of funds to a
State under this section or section 105 or 144.
[(C) Surface Transportation Program.--Funds
that are apportioned or allocated to a State
under subsection (b)(3) and attributed to an
urbanized area of a State with a population of
over 200,000 individuals under section
133(d)(3) may be transferred under this
paragraph only if the metropolitan planning
organization designated for the area concurs,
in writing, with the transfer request.
[(4) Transfer of obligation authority.--Obligation
authority for funds transferred under this subsection
shall be transferred in the same manner and amount as
the funds for the projects that are transferred under
this subsection.
[(l) Effect of Certain Delay in Deposits Into Highway Trust
Fund.--Notwithstanding any other provision of law, deposits
into the Highway Trust Fund resulting from the application of
section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat.
872) shall not be taken into account in determining the
apportionments and allocations that any State shall be entitled
to receive under the Transportation Equity Act for the 21st
Century and this title.
[Sec. 105. Equity bonus program
[(a) Program.--
[(1) In general.--Subject to subsections (c) and (d),
for each of fiscal years 2005 through 2009, the
Secretary shall allocate among the States amounts
sufficient to ensure that no State receives a
percentage of the total apportionments for the fiscal
year for the programs specified in paragraph (2) that
is less than the percentage calculated under subsection
(b).
[(2) Specific programs.--The programs referred to in
subsection (a) are--
[(A) the Interstate maintenance program under
section 119;
[(B) the national highway system program
under section 103;
[(C) the highway bridge program under section
144;
[(D) the surface transportation program under
section 133;
[(E) the highway safety improvement program
under section 148;
[(F) the congestion mitigation and air
quality improvement program under section 149;
[(G) metropolitan planning programs under
section 104(f);
[(H) the high priority projects program under
section 117;
[(I) the equity bonus program under this
section;
[(J) the Appalachian development highway
system program under subtitle IV of title 40;
[(K) the recreational trails program under
section 206;
[(L) the safe routes to school program under
section 1404 of the SAFETEA-LU;
[(M) the rail-highway grade crossing program
under section 130; and
[(N) the coordinated border infrastructure
program under section 1303 of the SAFETEA-LU.
[(b) State Percentage.--
[(1) In general.--The percentage referred to in
subsection (a) for each State shall be--
[(A) for each of fiscal years 2005 and 2006,
90.5 percent, for fiscal year 2007, 91.5
percent, and for each of fiscal years 2008 and
2009, 92 percent, of the quotient obtained by
dividing--
[(i) the estimated tax payments
attributable to highway users in the
State paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available; by
[(ii) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account)
for the fiscal year; or (B) for a State
with a total population density of less
than 40 persons per square mile (as
reported in the decennial census
conducted by the Federal Government in
2000) and of which at least 1.25
percent of the total acreage is under
Federal jurisdiction, based on the
report of the General Services
Administration entitled ``Federal Real
Property Profile'' and dated September
30, 2004, a State with a total
population of less than 1,000,000 (as
reported in that decennial census), a
State with a median household income of
less than $35,000 (as reported in that
decennial census), a State with a
fatality rate during 2002 on Interstate
highways that is greater than one
fatality for each 100,000,000 vehicle
miles traveled on Interstate highways,
or a State with an indexed, State motor
fuels excise tax rate higher than 150
percent of the Federal motor fuels
excise tax rate as of the date of
enactment of the SAFETEA-LU, the
greater of--
[(i) the applicable
percentage under subparagraph
(A); or
[(ii) the average percentage
of the State's share of total
apportionments for the period
of fiscal years 1998 through
2003 for the programs specified
in paragraph (2).
[(2) Specific programs.--The programs referred to in
paragraph (1)(B)(ii) are (as in effect on the day
before the date of enactment of the SAFETEA-LU)--
[(A) the Interstate maintenance program under
section 119;
[(B) the national highway system program
under section 103;
[(C) the highway bridge program under section
144;
[(D) the surface transportation program under
section 133;
[(E) the recreational trails program under
section 206;
[(F) the high priority projects program under
section 117;
[(G) the minimum guarantee provided under
this section;
[(H) revenue aligned budget authority amounts
provided under section 110;
[(I) the congestion mitigation and air
quality improvement program under section 149;
[(J) the Appalachian development highway
system program under subtitle IV of title 40;
and
[(K) metropolitan planning programs under
section 104(f).
[(c) Special Rules.--
[(1) Minimum combined allocation.--For each fiscal
year, before making the allocations under subsection
(a)(1), the Secretary shall allocate among the States
amounts sufficient to ensure that no State receives a
combined total of amounts allocated under subsection
(a)(1), apportionments for the programs specified in
subsection (a)(2), and amounts allocated under this
subsection, that is less than the following percentages
of the average for fiscal years 1998 through 2003 of
the annual apportionments for the State for all
programs specified in subsection (b)(2):
[(A) For fiscal year 2005, 117 percent.
[(B) For fiscal year 2006, 118 percent.
[(C) For fiscal year 2007, 119 percent.
[(D) For fiscal year 2008, 120 percent.
[(E) For fiscal year 2009, 121 percent.
[(2) No negative adjustment.--No negative adjustment
shall be made under subsection (a)(1) to the
apportionment of any State.
[(d) Treatment of Funds.--
[(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section
that exceed $2,639,000,000 so that the amount
apportioned to each State under this paragraph for each
program referred to in subparagraphs (A) through (F) of
subsection (a)(2) is equal to the amount determined by
multiplying the amount to be apportioned under this
paragraph by the ratio that--
[(A) the amount of funds apportioned to each
State for each program referred to in
subparagraphs (A) through (F) of subsection
(a)(2) for a fiscal year; bears to
[(B) the total amount of funds apportioned to
such State for all such programs for such
fiscal year.
[(2) Remaining distribution.--The Secretary shall
administer the remainder of funds made available under
this section to the States in accordance with section
104(b)(3), except that paragraphs (1) through (3) of
section 133(d) shall not apply to amounts administered
pursuant to this paragraph.
[(e) Metro Planning Set Aside.--Notwithstanding section
104(f), no set aside provided for under that section shall
apply to funds allocated under this section.
[(f) Authorization of Appropriations.--There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) such sums as are necessary to carry out
this section for each of fiscal years 2005 through 2009.]
Sec. 104. Apportionment
(a) Administrative Expenses.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Alternative Transportation Account) to be made
available to the Secretary for administrative expenses
of the Federal Highway Administration $400,000,000 for
each of fiscal years 2013 through 2016.
(2) Purposes.--The funds made available under
paragraph (1) shall be used--
(A) to administer the provisions of law to be
financed from appropriations for the Federal-
aid highway program and programs authorized
under chapter 2; and
(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system.
(3) Availability.--Funds made available under
paragraph (1) shall remain available until expended.
(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the set-asides authorized by subsection
(f), subsections (b) and (c) of section 140, and section
130(e), shall apportion the remainder of the sums authorized to
be appropriated for expenditure on the National Highway System
program, the congestion mitigation and air quality improvement
program, the surface transportation program, and the highway
safety improvement program among the several States in the
following manner:
(1) National highway system program.--
(A) In general.--For the National Highway
System program, in accordance with the
following formula:
(i) 15 percent of the apportionments
in the ratio that--
(I) the total lane miles of
principal arterial routes
(excluding Interstate System
routes) in each State; bears to
(II) the total lane miles of
principal arterial routes
(excluding Interstate System
routes) in all States.
(ii) 15 percent of the apportionments
in the ratio that--
(I) the total vehicle miles
traveled on lanes on principal
arterial routes (excluding
Interstate System routes) in
each State; bears to
(II) the total vehicle miles
traveled on lanes on principal
arterial routes (excluding
Interstate System routes) in
all States.
(iii) 5 percent of the apportionments
in the ratio that--
(I) the quotient obtained by
dividing the total lane miles
on principal arterial highways
in each State by the total
population of the State; bears
to
(II) the quotient obtained by
dividing the total lane miles
on principal arterial highways
in all States by the total
population of all States.
(iv) 15 percent of the apportionments
in the ratio that--
(I) the total lane miles on
Interstate System routes open
to traffic in each State; bears
to
(II) the total lane miles on
Interstate System routes open
to traffic in all States.
(v) 15 percent of the apportionments
in the ratio that--
(I) the total vehicle miles
traveled on Interstate System
routes open to traffic in each
State; bears to
(II) the total vehicle miles
traveled on Interstate System
routes open to traffic in all
States.
(vi) 35 percent of the apportionments
in the ratio that--
(I) the total of the annual
contributions to the Highway
Trust Fund (other than the
Alternative Transportation
Account) attributable to
commercial vehicles in each
State; bears to
(II) the total of the annual
contributions to the Highway
Trust Fund (other than the
Alternative Transportation
Account) attributable to
commercial vehicles in all
States.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of 1/2 of 1 percent of the funds
apportioned for a fiscal year under this
paragraph.
(2) Congestion mitigation and air quality improvement
program.--
(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
(B) Calculation of weighted nonattainment and
maintenance area population.--Subject to
subparagraph (C), for the purpose of
subparagraph (A), the weighted nonattainment
and maintenance area population shall be
calculated by multiplying the population of
each area in a State that was a nonattainment
area or maintenance area as described in
section 149(b) for ozone or carbon monoxide by
a factor of--
(i) 1.0 if, at the time of the
apportionment, the area is a
maintenance area;
(ii) 1.0 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et
seq.);
(iii) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under such subpart;
(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under such subpart;
(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under such subpart;
(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under such subpart;
(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone,
but is classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide; or
(viii) 1.0 if, at the time of the
apportionment, an area is designated as
nonattainment for ozone under subpart 1
of part D of title I of such Act (42
U.S.C. 7501 et seq.).
(C) Additional adjustment for carbon monoxide
areas.--If, in addition to being designated as
a nonattainment or maintenance area for ozone
as described in section 149(b), any county
within the area was also classified under
subpart 3 of part D of title I of the Clean Air
Act (42 U.S.C. 7512 et seq.) as a nonattainment
or maintenance area described in section 149(b)
for carbon monoxide, the weighted nonattainment
or maintenance area population of the county,
as determined under clauses (i) through (vi) or
clause (viii) of subparagraph (B), shall be
further multiplied by a factor of 1.2.
(D) Minimum apportionment.--Notwithstanding
any other provision of this paragraph, each
State shall receive a minimum of 1/2 of 1
percent of the funds apportioned for a fiscal
year under this paragraph.
(E) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
(3) Surface transportation program.--
(A) In general.--For the surface
transportation program, in accordance with the
following formula:
(i) 15 percent of the apportionments
in the ratio that--
(I) the total lane miles of
Federal-aid highways in each
State; bears to
(II) the total lane miles of
Federal-aid highways in all
States.
(ii) 25 percent of the apportionments
in the ratio that--
(I) the total vehicle miles
traveled on lanes on Federal-
aid highways in each State;
bears to
(II) the total vehicle miles
traveled on lanes on Federal-
aid highways in all States.
(iii) 25 percent of the
apportionments in the ratio that--
(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the
Alternative Transportation
Account) in the latest fiscal
year for which data are
available; bears to
(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the
Alternative Transportation
Account) in the latest fiscal
year for which data are
available.
(iv) 35 percent of the apportionments
in the ratio that--
(I) the bridge replacement
and rehabilitation costs in
each State (as determined under
subsection (c)(4)); bears to
(II) the bridge replacement
and rehabilitation costs in all
States (as determined under
subsection (c)(5)).
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of \1/2\ of 1 percent of the funds
apportioned for a fiscal year under this
paragraph.
[(4) Reserved.]
(5) Highway safety improvement program.--
(A) In general.--For the highway safety
improvement program, in accordance with the
following formula:
(i) 33\1/3\ percent of the
apportionments in the ratio that--
(I) the total lane miles of
Federal-aid highways in each
State; bears to
(II) the total lane miles of
Federal-aid highways in all
States.
(ii) 33\1/3\ percent of the
apportionments in the ratio that--
(I) the total vehicle miles
traveled on lanes on Federal-
aid highways in each State;
bears to
(II) the total vehicle miles
traveled on lanes on Federal-
aid highways in all States.
(iii) 33\1/3\ percent of the
apportionments in the ratio that--
(I) the number of fatalities
on Federal-aid highways in each
State in the latest fiscal year
for which data are available;
bears to
(II) the number of fatalities
on Federal-aid highways in all
States in the latest fiscal
year for which data are
available.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of \1/2\ of 1 percent of the funds
apportioned for a fiscal year under this
paragraph.
(c) Bridge Calculation.--For each fiscal year, the Secretary
shall determine the bridge replacement and rehabilitation costs
as follows:
(1) The Secretary shall identify deficient highway
bridges in each State.
(2) The Secretary shall place each deficient highway
bridge into one of the following categories:
(A) Federal-aid highway bridges eligible for
replacement.
(B) Federal-aid highway bridges eligible for
rehabilitation.
(C) Bridges not on Federal-aid highways
eligible for replacement.
(D) Bridges not on Federal-aid highways
eligible for rehabilitation.
(3) The Secretary shall determine--
(A) the deck area of deficient highway
bridges in each category described in paragraph
(2); and
(B) the respective unit price of such deck
area on a State-by-State basis.
(4) The Secretary shall determine the bridge
replacement and rehabilitation costs for each State by
multiplying the deck area of deficient bridges in the
State by the respective unit price.
(5) The Secretary shall determine the bridge
replacement and rehabilitation costs for all States by
multiplying the deck area of deficient bridges in all
States by the respective unit price.
(d) Certification of Apportionments.--
(1) In general.--On October 1 of each fiscal year,
the Secretary shall certify to each of the State
transportation departments the sums which the Secretary
has apportioned under this section to each State for
such fiscal year. To permit the States to develop
adequate plans for the utilization of apportioned sums,
the Secretary shall advise each State of the amount
that will be apportioned each year under this section
not later than 90 days before the beginning of the
fiscal year for which the sums to be apportioned are
authorized.
(2) Notice to states.--If the Secretary has not made
an apportionment under this section or section 105 by
the 21st day of a fiscal year beginning after September
30, 2012, the Secretary shall transmit, by such 21st
day, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a written statement of the reason for not making such
apportionment in a timely manner.
(e) Audits of Highway Trust Fund.--From administrative funds
made available under subsection (a), the Secretary may
reimburse the Office of Inspector General of the Department of
Transportation for the conduct of annual audits of financial
statements in accordance with section 3521 of title 31.
(f) Metropolitan Planning.--
(1) Set aside.--On October 1 of each fiscal year, the
Secretary shall set aside 1.15 percent of the funds
authorized to be appropriated for the National Highway
System program and surface transportation program
authorized under this title to carry out the
requirements of section 5203 of title 49.
(2) Apportionment to states of set-aside funds.--
Funds set aside under paragraph (1) shall be
apportioned to the States in the ratio which the
population in urbanized areas, or parts thereof, in
each State bears to the total population in such
urbanized areas in all the States as shown by the
latest available census, except that no State shall
receive less than \1/2\ of 1 percent of the amount
apportioned.
(3) Use of funds.--
(A) In general.--The funds apportioned to any
State under paragraph (2) shall be made
available by the State to the metropolitan
planning organizations responsible for carrying
out the provisions of section 5203 of title 49,
except that States receiving the minimum
apportionment under paragraph (2) may, in
addition, subject to the approval of the
Secretary, use the funds apportioned to finance
transportation planning outside of urbanized
areas.
(B) Unused funds.--Any funds that are not
used to carry out section 5203 of title 49 may
be made available by a metropolitan planning
organization to the State to fund activities
under section 5204 of such title.
(4) Distribution of funds within states.--
(A) In general.--The distribution within any
State of the planning funds made available to
agencies under paragraph (3) shall be in
accordance with a formula developed by each
State and approved by the Secretary that shall
consider, but not necessarily be limited to,
population, status of planning, attainment of
air quality standards, metropolitan area
transportation needs, and other factors
necessary to provide for an appropriate
distribution of funds to carry out the
requirements of section 5203 of title 49 and
other applicable requirements of Federal law.
(B) Reimbursement.--Not later than 30 days
after the date of receipt by a State of a
request for reimbursement of expenditures made
by a metropolitan planning organization for
carrying out section 5203 of title 49, the
State shall reimburse, from funds distributed
under this paragraph to the metropolitan
planning organization by the State, the
metropolitan planning organization for those
expenditures.
(5) Determination of population figures.--For the
purposes of determining population figures under this
subsection, the Secretary shall use the most recent
estimate published by the Secretary of Commerce.
(g) Report to Congress.--For each fiscal year, the Secretary
shall submit to Congress, and also make available to the public
in a user-friendly format via the Internet, a report on--
(1) the amount obligated, by each State, for Federal-
aid highways and highway safety construction programs
during the preceding fiscal year;
(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each
State by fiscal year under this section and section
105;
(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
(4) the rates of obligation of funds apportioned or
set aside under this section and sections 105 and 133,
according to--
(A) program;
(B) funding category or subcategory;
(C) type of improvement;
(D) State; and
(E) sub-State geographic area, including
urbanized and rural areas, on the basis of the
population of each such area.
(h) Transfer of Highway and Transit Funds.--
(1) Transfer of highway funds for transit projects.--
(A) In general.--Subject to subparagraph (B),
funds made available under this title for
transit projects or transportation planning may
be transferred to and administered by the
Secretary in accordance with chapter 53 of
title 49.
(B) Non-federal share.--The provisions of
this title relating to the non-Federal share
shall apply to the funds transferred under
subparagraph (A).
(2) Transfer of transit funds for highway projects.--
(A) In general.--Subject to subparagraph (B),
funds made available under chapter 53 of title
49 for highway projects or transportation
planning may be transferred to and administered
by the Secretary in accordance with this title.
(B) Non-federal share.--The provisions of
chapter 53 of title 49 relating to the non-
Federal share shall apply to funds transferred
under subparagraph (A).
(3) Transfer of funds among states or to federal
highway administration.--
(A) In general.--Subject to subparagraphs (B)
and (C), the Secretary, at the request of a
State, may transfer funds apportioned or
allocated under this title to the State to
another State, or to the Federal Highway
Administration, for the purpose of funding one
or more projects that are eligible for
assistance with funds so apportioned or
allocated.
(B) Apportionment.--A transfer under
subparagraph (A) shall have no effect on any
apportionment of funds to a State under this
section or section 105.
(C) Surface transportation program.--Funds
that are apportioned or allocated to a State
under subsection (b)(3) and attributed to an
urbanized area of a State with a population of
over 200,000 individuals under section
133(d)(3) may be transferred under this
paragraph only if the metropolitan planning
organization designated for the area concurs,
in writing, with the transfer request.
(4) Transfer of obligation authority.--Obligation
authority for funds transferred under this subsection
shall be transferred in the same manner and amount as
the funds for the projects that are transferred under
this subsection.
(i) Recreational Trails Program.--
(1) Administrative costs.--Before apportioning sums
authorized to be appropriated to carry out the
recreational trails program under section 206, the
Secretary shall deduct for administrative, research,
technical assistance, and training expenses for such
program $840,000 for each fiscal year. The Secretary
may enter into contracts with for-profit organizations
or contracts, partnerships, or cooperative agreements
with other government agencies, institutions of higher
learning, or nonprofit organizations to perform these
tasks.
(2) Apportionment to the states.--The Secretary shall
apportion the sums authorized to be appropriated for
expenditure on the recreational trails program for each
fiscal year among eligible States in the following
manner:
(A) 50 percent equally among eligible States.
(B) 50 percent in amounts proportionate to
the degree of non-highway recreational fuel use
in each eligible State during the preceding
year.
(3) Eligible state defined.--In this subsection, the
term ``eligible State'' means a State that meets the
requirements of section 206(c).
Sec. 105. Equity bonus program
(a) Program.--
(1) In general.--Subject to subsections (c), (d), and
(e), for fiscal year 2013 and each fiscal year
thereafter, the Secretary shall apportion among the
States amounts sufficient to ensure that no State
receives a percentage of the total apportionments for
the fiscal year for the programs specified in paragraph
(2) that is less than the percentage calculated under
subsection (b).
(2) Specified programs.--The programs referred to in
paragraph (1) are--
(A) the metropolitan planning programs under
section 104(f);
(B) the equity bonus program under this
section;
(C) the National Highway System program under
section 119;
(D) the rail-highway grade crossing program
under section 130;
(E) the surface transportation program under
section 133;
(F) the highway safety improvement program
under section 148;
(G) the recreational trails programs under
section 206;
(H) the State infrastructure bank
capitalization program under section 611; and
(I) the Appalachian development highway
system program under section 14501 of title 40.
(b) State Percentage.--For each of fiscal years 2013 through
2016, the percentage referred to in subsection (a) for each
State shall be 94 percent of the quotient obtained by
dividing--
(1) the estimated tax payments attributable to
highway users in the State paid into the Highway Trust
Fund in the most recent fiscal year for which data are
available; by
(2) the estimated tax payments attributable to
highway users in all States paid into the Highway Trust
Fund for the fiscal year.
(c) Minimum Amount.--
(1) In general.--For each fiscal year, before making
the apportionments under subsection (a)(1), the
Secretary shall apportion among the States amounts
sufficient to ensure that each State receives a
combined total apportionment for the programs specified
in subsection (a)(2) and the congestion mitigation and
air quality improvement program under section 149 that
equals or exceeds the combined amount that the State
was apportioned for fiscal year 2012 for the programs
specified in section 105(a)(2) of this title (other
than the high priority projects program under
subparagraph (H) of such section), as in effect on the
day before the date of enactment of the American Energy
and Infrastructure Jobs Act of 2012.
(2) Special rule.--In determining a State's combined
apportionment for fiscal year 2012 for purposes of
paragraph (1), the Secretary shall not consider amounts
apportioned to the State for such fiscal year under the
following:
(A) Section 111(d)(1) of the Surface
Transportation Extension Act of 2011, Part II
(Public Law 112-30; 125 Stat. 344).
(B) Section 111(d)(3) of the Surface
Transportation Extension Act of 2011, Part II
(Public Law 112-30; 125 Stat. 345).
(d) No Negative Adjustment.--No negative adjustment shall be
made under subsection (a)(1) to the apportionment of any State.
(e) Treatment of Funds.--
(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section
that exceed $2,639,000,000 so that the amount
apportioned to each State under this section for each
program referred to in subparagraphs (C) and (E) of
subsection (a)(2) is equal to the amount determined by
multiplying the amount to be apportioned to such State
under this section by the ratio that--
(A) the amount of funds apportioned to such
State for each program referred to in
subparagraphs (C) and (E) of subsection (a)(2)
for a fiscal year; bears to
(B) the total amount of funds apportioned to
such State for all such programs for such
fiscal year.
(2) Remaining distribution.--The Secretary shall
administer the remainder of funds made available under
this section to the States in accordance with section
133, except that section 133(d)(3) and section 1115(a)
of the American Energy and Infrastructure Jobs Act of
2012 shall not apply to the amounts administered
pursuant to this paragraph.
(f) Metropolitan Planning Set-Aside.--Notwithstanding section
104(f), no set aside provided for under that section shall
apply to funds allocated under this section.
(g) Authorization of Appropriations.--
(1) In general.--Subject to paragraphs (2) and (3),
there is authorized to be appropriated from the Highway
Trust Fund (other than the Alternative Transportation
Account) to carry out this section $3,900,000,000 for
each of fiscal years 2013 through 2016.
(2) Upward adjustment.--If the amount authorized by
paragraph (1) for a fiscal year is less than the
minimum amount required to ensure that each State
receives the minimum percentage of total apportionments
required under subsection (a)(1) and the minimum amount
required under subsection (c)(1) for the fiscal year--
(A) the amount authorized by paragraph (1)
for the fiscal year shall be increased by the
amount of the shortfall, so as to equal such
minimum amount; and
(B) the amounts authorized by section
1101(a)(2) of the American Energy and
Infrastructure Jobs Act of 2012 for the surface
transportation program for the fiscal year
shall be decreased by the amount of the
shortfall.
(3) Downward adjustment.--If the amount authorized by
paragraph (1) for a fiscal year is more than the
minimum amount required to ensure that each State
receives the minimum percentage of total apportionments
required under subsection (a)(1) and the minimum amount
required under subsection (c)(1) for the fiscal year--
(A) the amount authorized by paragraph (1)
for the fiscal year shall be decreased by the
amount of the excess, so as to equal such
minimum amount; and
(B) the amounts authorized by section
1101(a)(1) of the American Energy and
Infrastructure Jobs Act of 2012 for the
National Highway System program for the fiscal
year shall be increased by the amount of the
excess.
Sec. 106. Project approval and oversight
(a) * * *
* * * * * * *
(c) Assumption by States of Responsibilities of the
Secretary.--
[(1) Non-interstate nhs projects.--For projects under
this title that are on the National Highway System but
not on the Interstate System, the State may assume the
responsibilities of the Secretary under this title for
design, plans, specifications, estimates, contract
awards, and inspections of projects unless the State or
the Secretary determines that such assumption is not
appropriate.]
(1) NHS projects.--For projects under this title that
are on the National Highway System, including projects
on the Interstate System, the State may assume the
responsibility of the Secretary under this title for
design, plans, specifications, estimates, contract
awards, and inspections with respect to such projects
unless the Secretary determines that such assumption is
not appropriate.
* * * * * * *
(e) Value Engineering Analysis.--
(1) * * *
(2) Analysis.--The State shall provide a value
engineering analysis or other cost-reduction analysis
for--
(A) each project on the [Federal-aid system]
National Highway System receiving Federal
assistance with an estimated total cost of
[$25,000,000] $50,000,000 or more;
(B) a bridge project on the National Highway
System receiving Federal assistance with an
estimated total cost of [$20,000,000]
$40,000,000 or more; and
* * * * * * *
(5) Design-build projects.--A requirement to provide
a value engineering analysis under this subsection does
not apply to a project delivered using the design-build
method of construction.
* * * * * * *
(h) Major Projects.--
(1) * * *
* * * * * * *
(3) Financial plan.--A financial plan shall--
(A) be based on detailed estimates of the
cost to complete the project; [and]
(B) provide for the annual submission of
updates to the Secretary that are based on
reasonable assumptions, as determined by the
Secretary, of future increases in the cost to
complete the project[.]; and
(C) assess the appropriateness of a public-
private partnership to deliver the project.
* * * * * * *
(j) Use of Advanced Modeling Technologies.--
(1) In general.--With respect to transportation
projects that receive Federal funding, the Secretary
shall encourage the use of advanced modeling
technologies during environmental, planning, financial
management, design, simulation, and construction
processes related to the projects.
(2) Activities.--In carrying out paragraph (1), the
Secretary shall--
(A) compile information relating to advanced
modeling technologies, including industry best
practices with respect to the use of the
technologies;
(B) disseminate to States information
relating to advanced modeling technologies,
including industry best practices with respect
to the use of the technologies; and
(C) promote the use of advanced modeling
technologies.
(3) Comprehensive plan.--The Secretary shall develop
and publish on the Internet Web site of the Department
of Transportation a detailed and comprehensive plan for
the implementation of paragraph (1).
(4) Advanced modeling technology defined.--The term
``advanced modeling technology'' means an available or
developing technology, including 3-dimensional digital
modeling, that can accelerate and improve the
environmental review process, increase effective public
participation, enhance the detail and accuracy of
project designs, increase safety, accelerate
construction and reduce construction costs, or
otherwise expedite project delivery with respect to
transportation projects that receive Federal funding.
* * * * * * *
Sec. 108. Advance acquisition of real property
(a) In General.--
(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of
[real property] real property interests for a
transportation improvement eligible for funding under
this title, the Secretary, upon the request of a State,
may make available, for the acquisition of [real
property] real property interests, such funds
apportioned to the State as may be expended on the
transportation improvement, under such rules and
regulations as the Secretary may issue.
(2) Construction.--The agreement between the
Secretary and the State for the reimbursement of the
cost of the [real property] real property interests
shall provide for the actual construction of the
transportation improvement within a period not to
exceed 20 years following the fiscal year for which the
request is made, unless the Secretary determines that a
longer period is reasonable.
(b) Federal participation in the cost of [rights-of-way] real
property interests acquired under subsection (a) of this
section shall not exceed the Federal pro rata share applicable
to the class of funds from which Federal reimbursement is made.
(c) [Early Acquisition of Rights-of-Way] State-Funded Early
Acquisition of Real Property Interests.--
(1) In general.--A State may carry out, at the
expense of the State, acquisitions of interests in real
property for a project before completion of the review
process required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) without affecting subsequent approvals required
for the project by the State or any Federal agency.
[(1) General rule.--Subject to paragraph (2)]
(2) Eligibility for reimbursement.--Subject to
paragraph (3), funds apportioned to a State under this
title may be used to participate in the payment of--
(A) costs incurred by the State for
acquisition of [rights-of-way] real property
interests, acquired in advance of any Federal
approval or authorization, if the [rights-of-
way] real property interests are subsequently
incorporated into a project eligible for
surface transportation program funds; and
* * * * * * *
[(2)] (3) Terms and conditions.--The Federal share
payable of the costs described [in paragraph (1)] in
paragraph (2) shall be eligible for reimbursement out
of funds apportioned to a State under this title when
the [rights-of-way] real property interests acquired
are incorporated into a project eligible for surface
transportation program funds, if the State demonstrates
to the Secretary and the Secretary finds that--
(A) * * *
* * * * * * *
(E) the alternative for which the [right-of-
way] real property interest is acquired is
selected by the State pursuant to regulations
to be issued by the Secretary which provide for
the consideration of the environmental impacts
of various alternatives;
(F) before the time that the cost incurred by
a State is approved for Federal participation,
environmental compliance pursuant to the
National Environmental Policy Act has been
completed for the project for which the [right-
of-way] real property interest was acquired by
the State, and the acquisition has been
approved by the Secretary under this Act, and
in compliance with section 303 of title 49,
section 7 of the Endangered Species Act, and
all other applicable environmental laws shall
be identified by the Secretary in regulations;
and
(G) before the time that the cost incurred by
a State is approved for Federal participation,
[both the Secretary and the Administrator of
the Environmental Protection Agency have
concurred] the Secretary has determined that
the property acquired in advance of Federal
approval or authorization did not influence the
environmental assessment of the project, the
decision relative to the need to construct the
project, or the selection of the project design
or location.
(d) Federally Funded Early Acquisition of Real Property
Interests.--
(1) In general.--The Secretary may authorize the use
of Federal funds for the acquisition of a real property
interest by a State. For purposes of this subsection,
an acquisition of a real property interest includes the
acquisition of any interest in land, including the
acquisition of a contractual right to acquire any
interest in land, or any other similar action to
acquire or preserve rights-of-way for a transportation
facility.
(2) State certification.--A State requesting Federal
funding for an acquisition of a real property interest
shall certify in writing that--
(A) the State has authority to acquire the
real property interest under State law;
(B) the acquisition of the real property
interest is for a transportation purpose; and
(C) the State acknowledges that early
acquisition will not be considered by the
Secretary in the environmental assessment of a
project, the decision relative to the need to
construct a project, or the selection of a
project design or location.
(3) Environmental compliance.--Before authorizing
Federal funding for an acquisition of a real property
interest, the Secretary shall complete for the
acquisition the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.). For purposes of the review process, the
acquisition of a real property interest shall be
treated as having independent utility and does not
limit consideration of alternatives for future
transportation improvements with respect to the real
property interest.
(4) Programming.--The acquisition of a real property
interest for which Federal funding is requested shall
be included as a project in an applicable
transportation improvement program under sections 5203
and 5204 of title 49. The acquisition project may be
included in the transportation improvement program on
its own, without including the future construction
project for which the real property interest is being
acquired. The acquisition project may consist of the
acquisition of a specific parcel, a portion of a
transportation corridor, or an entire transportation
corridor.
(5) Other requirements.--The acquisition of a real
property interest shall be carried out in compliance
with all requirements applicable to the acquisition of
real property interests for federally funded
transportation projects.
(e) Consideration of Long-Range Transportation Needs.--The
Secretary shall encourage States and other public authorities,
if practicable, to acquire transportation real property
interests that are sufficient to accommodate long-range
transportation needs and, if possible, to do so through the
acquisition of broad real property interests that have the
capacity for expansion over a 50- to 100-year period and the
potential to accommodate one or more transportation modes.
Sec. 109. Standards
(a) * * *
* * * * * * *
(r) Pavement Markings.--The Secretary may not approve any
pavement markings project that includes the use of glass beads
containing more than 200 parts per million of arsenic or lead.
(s) Undertaking Design Activities Before Completion of
Environmental Review Process.--
(1) In general.--A State may carry out, at the
expense of the State, design activities at any level of
detail for a project before completion of the review
process required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) without affecting subsequent approvals of the
project.
(2) Eligibility for reimbursement.--Subject to
paragraph (3), funds apportioned to a State under this
title may be used to participate in the payment of
costs incurred by the State for design activities, if
the results of the activities are subsequently
incorporated (in whole or in substantial part) into a
project eligible for surface transportation program
funds.
(3) Terms and conditions.--The Federal share payable
of the costs described in paragraph (2) shall be
eligible for reimbursement out of funds apportioned to
a State under this title when the design activities are
incorporated (in whole or in substantial part) into a
project eligible for surface transportation program
funds, if the State demonstrates to the Secretary and
the Secretary finds that--
(A) before the time that the cost incurred by
a State is approved for Federal participation,
environmental compliance pursuant to the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been completed for the
project for which the design activities were
conducted by the State; and
(B) the design activities conducted pursuant
to this subsection did not preclude the
consideration of alternatives to the project.
[Sec. 110. Revenue aligned budget authority
[(a) In General.--
[(1) Allocation.--On October 15 of fiscal year 2007
and each fiscal year thereafter, the Secretary shall
allocate for such fiscal year and the succeeding fiscal
year an amount of funds equal to the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the
Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C 901(b)(2)(B)(ii)(I) (cc)) if the amount
determined pursuant to such section for such fiscal
year is greater than zero.
[(2) Reduction.--If the amount determined pursuant to
section 251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C
901(b)(2)(B)(ii)(I) (cc)) for fiscal year 2007 or any
fiscal year thereafter is less than zero, the Secretary
on October 15 of such fiscal year shall reduce
proportionately the amount of sums authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) for such fiscal year and the
succeeding fiscal year to carry out each of the
Federal-aid highway and highway safety construction
programs (other than emergency relief) and the motor
carrier safety grant program by an aggregate amount
equal to the amount determined pursuant to such
section. No reduction under this paragraph and no
reduction under section 1102(h), and no reduction under
title VIII or any amendment made by title VIII, of the
SAFETEA-LU shall be made for a fiscal year if, as of
October 1 of such fiscal year the balance in the
Highway Trust Fund (other than the Mass Transit
Account) exceeds $6,000,000,000.
[(b) General Distribution.--The Secretary shall--
[(1) determine the ratio that--
[(A) the sums authorized to be appropriated
from the Highway Trust Fund (other than the
Mass Transit Account) for each of the Federal-
aid highway and highway safety construction
programs (other than the equity bonus program)
and the motor carrier safety grant program for
which funds are allocated from such Trust Fund
by the Secretary under this title, SAFETEA-LU,
and subchapter I of chapter 311 of title 49 for
a fiscal year, bears to
[(B) the total of all sums authorized to be
appropriated from such Trust Fund for such
programs for such fiscal year;
[(2) multiply the ratio determined under paragraph
(1) by the total amount of funds to be allocated under
subsection (a)(1) for such fiscal year;
[(3) allocate the amount determined under paragraph
(2) among such programs in the ratio that--
[(A) the sums authorized to be appropriated
from such Trust Fund for each of such programs
for such fiscal year, bears to
[(B) the sums authorized to be appropriated
from such Trust Fund for all such programs for
such fiscal year; and
[(4) allocate the remainder of the funds to be
allocated under subsection (a)(1) for such fiscal year
to the States in the ratio that--
[(A) the total of all funds authorized to be
appropriated from such Trust Fund for Federal-
aid highway and highway safety construction
programs that are apportioned to each State for
such fiscal year but for this section, bears to
[(B) the total of all funds authorized to be
appropriated from such Trust Fund for such
programs that are apportioned to all States for
such fiscal year but for this section.
[(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal
year, the Secretary shall ensure that such funds are
apportioned for the Interstate and National Highway System
program, the bridge program, the surface transportation
program, the highway safety improvement program, and the
congestion mitigation air quality improvement program in the
same ratio that each State is apportioned funds for such
programs for such fiscal year but for this section.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) such sums as may be necessary to carry
out this section for fiscal years beginning after September 30,
1998.
[(e) After making any calculation necessary to implement this
section for fiscal year 2001, the amount available under
paragraph (a)(1) shall be increased by $128,752,000. The
amounts added under this subsection shall not apply to any
calculation in any other fiscal year.
[(f) For fiscal year 2001, prior to making any distribution
under this section, $22,029,000 of the allocation under
paragraph (a)(1) shall be available only for each program
authorized under chapter 53 of title 49, United States Code,
and title III of Public Law 105-178, in proportion to each such
program's share of the total authorization in section 5338
(other than 5338(h)) of such title and sections 3037 and 3038
of such Public Law, under the terms and conditions of chapter
53 of such title.
[(g) For fiscal year 2001, prior to making any distribution
under this section, $399,000 of the allocation under paragraph
(a)(1) shall be available only for motor carrier safety
programs under sections 31104 and 31107 of title 49, United
States Code; $274,000 for NHTSA operations and research under
section 403 of title 23, United States Code; and $787,000 for
NHTSA highway traffic safety grants under chapter 4 of title
23, United States Code.]
Sec. 111. Agreements relating to use of and access to rights-of-way--
Interstate System
(a) In General.--All agreements between the Secretary and the
State transportation department for the construction of
projects on the Interstate System shall contain a clause
providing that the State will not add any points of access to,
or exit from, the project in addition to those approved by the
Secretary in the plans for such project, without the prior
approval of the Secretary. Such agreements shall also contain a
clause providing that the State will not permit automotive
service stations or other commercial establishments for serving
motor vehicle users to be constructed or located on the rights-
of-way of the Interstate System[.] and will not change the
boundary of any right-of-way on the Interstate System to
accommodate construction of, or afford access to, an automotive
service station or other commercial establishment. Such
agreements may, however, authorize a State or political
subdivision thereof to use or permit the use of the airspace
above and below the established grade line of the highway
pavement for such purposes as will not impair the full use and
safety of the highway, as will not require or permit vehicular
access to such space directly from such established grade line
of the highway, or otherwise interfere in any way with the free
flow of traffic on the Interstate System. Nothing in this
section, or in any agreement entered into under this section,
shall require the discontinuance, obstruction, or removal of
any establishment for serving motor vehicle users on any
highway which has been, or is hereafter, designated as a
highway or route on the Interstate System (1) if such
establishment (A) was in existence before January 1, 1960, (B)
is owned by a State, and (C) is operated through
concessionaries or otherwise, and (2) if all access to, and
exits from, such establishment conform to the standards
established for such a highway under this title.
(b) Rest Areas.--
(1) In general.--Notwithstanding subsection (a), the
Secretary shall permit a State to acquire, construct,
operate, and maintain a rest area along a highway on
the Interstate System in such State.
(2) Eligible activities.--The Secretary shall permit
a rest area under paragraph (1) to include commercial
activities that provide goods, services, and
information serving the traveling public and the
commercial motor carrier industry. Such commercial
activities shall be limited to--
(A) commercial advertising and media displays
if such advertising and displays are--
(i) exhibited solely within any
facility constructed in the rest area;
and
(ii) not legible from the main
traveled way;
(B) State promotional or tourism items;
(C) tourism-related merchandise and products,
including electronics and clothing;
(D) historical or tourism-related
entertainment items, including event or
attraction tickets;
(E) travel-related information, including
maps, travel booklets, and hotel coupon
booklets;
(F) automatic teller machines; and
(G) lottery machines.
(3) Private operators.--A State may permit a private
party to operate such commercial activities.
(4) Limitation on use of revenues.--A State shall use
any revenues received from the commercial activities in
a rest area under this section to cover the costs of
acquiring, constructing, operating, and maintaining
rest areas in the State.
[(b)] (c) Vending Machines.--Notwithstanding subsection (a),
any State may permit the placement of vending machines in rest
and recreation areas, and in safety rest areas, constructed or
located on rights-of-way of the Interstate System in such
State. Such vending machines may only dispense such food,
drink, and other articles as the State transportation
department determines are appropriate and desirable. Such
vending machines may only be operated by the State. In
permitting the placement of vending machines, the State shall
give priority to vending machines which are operated through
the State licensing agency designated pursuant to section
2(a)(5) of the Act of June 20, 1936, commonly known as the
``Randolph-Sheppard Act'' (20 U.S.C. 107a(a)(5)). The costs of
installation, operation, and maintenance of vending machines
shall not be eligible for Federal assistance under this title.
[(c)] (d) Motorist Call Boxes.--
(1) * * *
* * * * * * *
(e) Justification Reports.--If the Secretary requests or
requires a justification report for a project that would add a
point of access to, or exit from, the Interstate System, the
Secretary may permit a State transportation department to
approve such report.
Sec. 112. Letting of contracts
(a) * * *
(b) Bidding Requirements.--
[(1) In general.--Subject to paragraphs (2) and (3),
construction of each project, subject to the provisions
of subsection (a) of this section, shall be performed
by contract awarded by competitive bidding, unless the
State transportation department demonstrates, to the
satisfaction of the Secretary, that some other method
is more cost effective or that an emergency exists.
Contracts for the construction of each project shall be
awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting established criteria of
responsibility. No requirement or obligation shall be
imposed as a condition precedent to the award of a
contract to such bidder for a project, or to the
Secretary's concurrence in the award of a contract to
such bidder, unless such requirement or obligation is
otherwise lawful and is specifically set forth in the
advertised specifications.]
(1) In general.--
(A) Competitive bidding requirement.--Subject
to paragraphs (2), (3), and (4), construction
of each project, subject to the provisions of
subsection (a), shall be performed by contract
awarded by competitive bidding, unless the
State transportation department demonstrates,
to the satisfaction of the Secretary, that some
other method is more cost effective or that an
emergency exists.
(B) Basis of award.--
(i) In general.--Contracts for the
construction of each project shall be
awarded only on the basis of the lowest
responsive bid submitted by a bidder
meeting established criteria of
responsibility.
(ii) Prohibition.--No requirement or
obligation shall be imposed as a
condition precedent to the award of a
contract to such bidder for a project,
or to the Secretary's concurrence in
the award of a contract to such bidder,
unless such requirement or obligation
is otherwise lawful and is specifically
set forth in the advertised
specifications.
* * * * * * *
(3) Design-build contracting.--
(A) In general.--A State transportation
department or local transportation agency may
award a design-build contract for a qualified
project described in [subparagraph (C)]
subparagraph (B) using any procurement process
permitted by applicable State and local law.
[(B) Limitation on final design.--Final
design under a design-build contract referred
to in subparagraph (A) shall not commence
before compliance with section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332).]
[(C)] (B) Qualified projects.--A qualified
project referred to in subparagraph (A) is a
project under this chapter (including
intermodal projects) for which the Secretary
has approved the use of design-build
contracting under criteria specified in
regulations issued by the Secretary.
[(D)] (C) Regulatory process.--Not later than
90 days after the date of enactment [of the
SAFETEA-LU] of the American Energy and
Infrastructure Jobs Act of 2012, the Secretary
shall issue revised regulations under section
1307(c) of the Transportation Equity Act for
21st Century (23 U.S.C. 112 note; 112 Stat.
230) that--
(i) * * *
(ii) require that the State
transportation department or local
transportation agency receive
concurrence from the Secretary before
carrying out an activity under clause
(i); [and]
(iii) preclude the design-build
contractor from proceeding with [final
design or] construction of any
permanent improvement prior to
completion of the process under such
section 102[.]; and
(iv) permit the State transportation
department, the local transportation
agency, and the design-build contractor
to proceed, at the expense of one or
more of those entities, with design
activities at any level of detail for a
project before completion of the review
process required for the project under
the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)
without affecting subsequent approvals
required for the project. Design
activities carried out under this
clause shall be eligible for Federal
reimbursement as a project expense in
accordance with the requirements under
section 109(s).
[(E)] (D) Design-build contract defined.--In
this paragraph, the term ``design-build
contract'' means an agreement that provides for
design and construction of a project by a
contractor, regardless of whether the agreement
is in the form of a design-build contract, a
franchise agreement, or any other form of
contract approved by the Secretary.
(4) Method of contracting.--
(A) In general.--
(i) Two-phase contract.--A
contracting agency may award a two-
phase contract for preconstruction and
construction services.
(ii) Pre-construction services
phase.--In the pre-construction
services phase, the contractor shall
provide the contracting agency with
advice for scheduling, work sequencing,
cost engineering, constructability,
cost estimating, and risk
identification.
(iii) Agreement.--Prior to the start
of the construction services phase, the
contracting agency and the contractor
may agree to a price and other factors
specified in regulation for the
construction of the project or a
portion of the project.
(iv) Construction phase.--If an
agreement is reached under clause
(iii), the contractor shall be
responsible for the construction of the
project or portion of the project at
the negotiated price and other factors
specified in regulation.
(B) Selection.--A contract shall be awarded
to a contractor using a competitive selection
process based on qualifications, experience,
best value, or any other combination of factors
considered appropriate by the contracting
agency.
(C) Timing.--
(i) Relationship to nepa process.--
Prior to the completion of the process
required under section 102 of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332), a contracting
agency may--
(I) issue requests for
proposals;
(II) proceed with the award
of a contract for
preconstruction services under
subparagraph (A); and
(III) issue notices to
proceed with a preliminary
design and any work related to
preliminary design.
(ii) Preconstruction services
phase.--If the preconstruction services
phase of a contract under subparagraph
(A)(ii) focuses primarily on one
alternative, the Secretary shall
require that the contract include
appropriate provisions to achieve the
objectives of section 102 of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332) and comply with
other applicable Federal laws and
regulations.
(iii) Construction services phase.--A
contracting agency may not proceed with
the award of the construction services
phase of a contract under subparagraph
(A)(iv) and may not proceed, or permit
any consultant or contractor to
proceed, with construction until
completion of the process required
under section 102 of the National
Environmental Policy Act of 1969 (42
U.S.C. 4332).
(iv) Approval requirement.--Prior to
authorizing construction activities,
the Secretary shall approve the
contracting agency's price estimate for
the entire project, as well as any
price agreement with the general
contractor for the project or a portion
of the project.
(v) Design activities.--A contracting
agency may proceed, at its expense,
with design activities at any level of
detail for a project before completion
of the review process required for the
project under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) without affecting
subsequent approvals required for the
project. Design activities carried out
under this clause shall be eligible for
Federal reimbursement as a project
expense in accordance with the
requirements under section 109(s).
* * * * * * *
(h) Use of Patented or Proprietary Items.--The Secretary
shall approve the use, by a State, of Federal funds made
available to carry out this chapter to pay for patented or
proprietary items if the State transportation department
certifies, based on the documented analysis and professional
judgment of qualified State transportation officials, that--
(1) no equally suitable alternative item exists;
(2) any specified patented or proprietary item will
be clearly identified as a patented or proprietary item
in bid documents; and
(3) any specified patented or proprietary item will
be available in sufficient quantity to complete any
project identified in bid documents.
* * * * * * *
Sec. 114. Construction
(a) * * *
* * * * * * *
(d) Veterans Employment.--Recipients of Federal financial
assistance under this chapter shall ensure that contractors
working on a highway project funded using such assistance give
preference in the hiring or referral of laborers on any project
for the construction of a highway to veterans, as defined in
section 2108 of title 5, who have the requisite skills and
abilities to perform the construction work required under the
contract. This subsection shall not apply to projects subject
to section 140(d).
* * * * * * *
Sec. 116. Maintenance
(a) * * *
* * * * * * *
(e) Definitions.--In this section, the following definitions
apply:
(1) Preventive maintenance.--The term ``preventive
maintenance'' includes pavement preservation programs
and activities.
(2) Pavement preservation programs and activities.--
The term ``pavement preservation programs and
activities'' means programs and activities employing a
network level, long-term strategy that enhances
pavement performance by using an integrated, cost-
effective set of practices that extend pavement life,
improve safety, and meet road user expectations.
[Sec. 117. High priority projects program
[(a) Authorization of High Priority Projects.--
[(1) In general.--The Secretary is authorized to
carry out high priority projects with funds made
available to carry out the high priority projects
program under this section.
[(2) Availability of funds.--
[(A) For tea-21.--Of amounts made available
to carry out this section for fiscal years 1998
through 2003, the Secretary, subject to
subsection (b), shall make available to carry
out each project described in section 1602 of
the Transportation Equity Act for the 21st
Century (112 Stat. 257) the amount listed for
such project in such section.
[(B) For SAFETEA-LU.--Of amounts made
available to carry out this section for fiscal
years 2005 through 2009, the Secretary, subject
to subsection (c), shall make available to
carry out each project described in section
1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy
for Users (119 Stat. 1256) the amount listed
for such project in such section.
[(3) Availability of unallocated funds.--Any amounts
made available to carry out such program that are not
allocated for projects described in such section shall
be available to the Secretary, subject to subsection
(b), to carry out such other high priority projects as
the Secretary determines appropriate.
[(b) For TEA-21.--For each project to be carried out with
funds made available to carry out the high priority projects
program under this section for fiscal years 1998 through 2003--
[(1) 11 percent of such amount shall be available for
obligation beginning in fiscal year 1998;
[(2) 15 percent of such amount shall be available for
obligation beginning in fiscal year 1999;
[(3) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2000;
[(4) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2001;
[(5) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2002; and
[(6) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2003.
[(c) For SAFETEA-LU.--For each project to be carried out with
funds made available to carry out the high priority projects
program under this section for fiscal years 2005 through 2009--
[(1) 20 percent of such amount shall be available for
obligation beginning in fiscal year 2005;
[(2) 20 percent of such amount shall be available for
obligation beginning in fiscal year 2006;
[(3) 20 percent of such amount shall be available for
obligation beginning in fiscal year 2007;
[(4) 20 percent of such amount shall be available for
obligation beginning in fiscal year 2008; and
[(5) 20 percent of such amount shall be available for
obligation beginning in fiscal year 2009.
[(d) Federal Share.--The Federal share payable on account of
any project carried out with funds made available to carry out
this section shall be 80 percent of the total cost thereof;
except that the Federal share on account of the project to be
carried out under item 1419 of the table contained in section
1602 of the Transportation Equity Act for the 21st Century (112
Stat. 309), relating to reconstruction of a road and causeway
in Shiloh Military Park in Hardin County, Tennessee, shall be
100 percent of the total cost thereof.
[(e) Delegation to States.--Subject to the provisions of this
title, the Secretary shall delegate responsibility for carrying
out a project or projects, with funds made available to carry
out this section, to the State in which such project or
projects are located upon request of such State.
[(f) Advance Construction.--When a State which has been
delegated responsibility for a project under this section--
[(1) has obligated all funds allocated under this
section and section 1602 of the Transportation Equity
Act for the 21st Century or section 1701 of the
SAFETEA-LU, as the case may be, for such project; and
[(2) proceeds to construct such project without the
aid of Federal funds in accordance with all procedures
and all requirements applicable to such project, except
insofar as such procedures and requirements limit the
State to the construction of projects with the aid of
Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State,
shall pay to the State the Federal share of the cost of
construction of the project when additional funds are allocated
for such project under this section and such section 1602 or
1702, as the case may be.
[(g) Period of Availability.--Funds made available to carry
out this section shall remain available until expended.
[(h) Availability of Obligation Limitation.--Obligation
authority attributable to funds made available to carry out
this section shall only be available for the purposes of this
section and shall remain available until obligated pursuant to
section 1102(g) of the Transportation Equity Act for the 21st
Century or section 1102(g) of the SAFETEA-LU, as the case may
be.
[(i) Treatment.--Funds allocated to a State in accordance
with this section shall be treated as amounts in addition to
the amounts a State is apportioned under sections 104, 105, and
144 for programmatic purposes.]
Sec. 118. Availability of funds
(a) Date Available for Obligation.--Except as otherwise
specifically provided, authorizations from the Highway Trust
Fund (other than the [Mass Transit Account] Alternative
Transportation Account) to carry out this title, and amounts
made available from the Alternative Transportation Account to
carry out the congestion mitigation and air quality improvement
program under section 149, the ferry boat and ferry terminal
facilities program under section 147, the Puerto Rico highway
program under section 165, and the territorial highway program
under section 215, shall be available for obligation on the
date of their apportionment or allocation or on October 1 of
the fiscal year for which they are authorized, whichever occurs
first.
* * * * * * *
[(c) Set Asides for Interstate Discretionary Projects.--
[(1) In general.--Before any apportionment is made
under section 104(b)(4), the Secretary shall set aside
$100,000,000 for each of fiscal years 2005 through 2009
for obligation by the Secretary for projects for
resurfacing, restoring, rehabilitating, and
reconstructing any route or portion thereof on the
Interstate System (other than any highway designated as
a part of the Interstate System under section 139 (as
in effect on the day before the date of enactment of
the Transportation Equity Act for the 21st Century))
and any toll road on the Interstate System not subject
to an agreement under section 119(e) (as in effect on
December 17, 1991).
[(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary
to any State applying for such funds if the Secretary
determines that--
[(A) the State has obligated or demonstrates
that it will obligate in the fiscal year all of
its apportionments under section 104(b)(4)
other than an amount that, by itself, is
insufficient to pay the Federal share of the
cost of a project for resurfacing, restoring,
rehabilitating, and reconstructing the
Interstate System that has been submitted by
the State to the Secretary for approval; and
[(B) the applicant is willing and able to--
[(i) obligate the funds within 1 year
of the date the funds are made
available;
[(ii) apply the funds to a ready-to-
commence project; and
[(iii) in the case of construction
work, begin work within 90 days after
obligation.
[(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the
Secretary shall give priority consideration to any
project the cost of which exceeds $10,000,000 on any
high volume route in an urban area or a high truck-
volume route in a rural area.
[(4) Period of availability of discretionary funds.--
Sums made available pursuant to this subsection shall
remain available until expended.]
* * * * * * *
[Sec. 119. Interstate maintenance program
[(a) In General.--
[(1) Projects.--The Secretary may approve projects
for resurfacing, restoring, rehabilitating, and
reconstructing--
[(A) routes on the Interstate System
designated under section 103(c)(1) and, in
Alaska and Puerto Rico, under section
103(c)(4)(A);
[(B) routes on the Interstate System
designated before the date of enactment of the
Transportation Equity Act for the 21st Century
under subsections (a) and (b) of section 139
(as in effect on the day before the date of
enactment of such Act); and
[(C) any segments that become part of the
Interstate System under section 1105(e)(5) of
the Intermodal Surface Transportation
Efficiency Act of 1991.
[(2) Toll roads.--The Secretary may approve a project
pursuant to this subsection on a toll road only if such
road is subject to a Secretarial agreement provided for
in section 129 or continued in effect by section
1012(d) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1939) and not voided
by the Secretary under section 120(c) of the Surface
Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 159).
[(3) Funding.--Sums authorized to be appropriated to
carry out this section shall be out of the Highway
Trust Fund and shall be apportioned in accordance with
section 104(b)(4).
[(b) Transfer of Interstate Construction Apportionments.--
Upon application by a State (other than the State of
Massachusetts) and approval by the Secretary, the Secretary may
transfer to the apportionments to such State under section
104(b)(1) or 104(b)(4) any amount of the funds apportioned to
such State for any fiscal year under section 104(b)(5)(A) (as
in effect on the date before the date of enactment of the
Transportation Equity Act for the 21st Century) if such amount
does not exceed the Federal share of the costs of construction
of segments of the Interstate System open to traffic in such
State (other than high occupancy vehicle lanes) included in the
most recent interstate cost estimate. Upon transfer of such
amount, the construction on which such amount is based on open-
to-traffic segments of the Interstate System in such State as
included in the latest interstate cost estimate shall be
ineligible and shall not be included in future interstate cost
estimates approved or adjusted under section 104(b)(5)(A) (as
in effect on the date before the date of enactment of the
Transportation Equity Act for the 21st Century).
[(c) Transfer of Funds for Surface Transportation Program
Projects.--
[(1) Upon certification acceptance.--If a State
certifies to the Secretary that any part of the sums
apportioned to the State under section 104(b)(4) of
this title are in excess of the needs of the State for
resurfacing, restoring, or rehabilitating Interstate
System routes and the State is adequately maintaining
the Interstate System and the Secretary accepts such
certification, the State may transfer such excess part
to its apportionment under sections 104(b)(1) and
104(b)(3).
[(2) Unconditional.--Notwithstanding paragraph (1), a
State may transfer to its apportionment under sections
104(b)(1) and 104(b)(3) of this title--
[(A) in fiscal year 1987, an amount not to
exceed 20 percent of the funds apportioned to
the State under section 104(b)(4) which are not
obligated at the time of the transfer; and
[(B) in any fiscal year thereafter, an amount
not to exceed 20 percent of the funds
apportioned to the State under section
104(b)(4) for such fiscal year.
[(d) Limitation on New Capacity.--Notwithstanding any other
provision of this title, the portion of the cost of any project
undertaken pursuant to this section that is attributable to the
expansion of the capacity of any Interstate highway or bridge,
where such new capacity consists of one or more new travel
lanes that are not high-occupancy vehicle lanes or auxiliary
lanes, shall not be eligible for funding under this section.]
Sec. 119. National Highway System program
(a) Establishment.--The Secretary shall establish and
implement a National Highway System program under this section.
(b) Purposes.--The purposes of the National Highway System
program shall be--
(1) to provide support for the condition and
operational performance of the National Highway System;
(2) to provide support for the construction of new
facilities on the National Highway System; and
(3) to ensure that investments of National Highway
System program funds are directed to achievement of
performance goals established in a State's asset
management plan for the National Highway System under
section 103(b)(6).
(c) Eligible Facilities.--Except as otherwise specifically
provided by this section, to be eligible for funding
apportioned under section 104(b)(1) to carry out this section,
a facility must be located on the National Highway System.
(d) Eligible Projects.--Funds apportioned to a State to carry
out this section may be obligated only for a project that is--
(1) on an eligible facility, as described in
subsection (c);
(2) a project, or is a part of a program of projects,
supporting progress toward the achievement of national
performance goals under section 5206 of title 49 for
improving infrastructure condition, safety, mobility,
or freight movement on the National Highway System;
(3) consistent with the requirements of sections 5203
and 5204 of title 49; and
(4) for one or more of the purposes specified in
subsection (e).
(e) Project Purposes.--A project receiving funding under this
section shall be for one or more of the following purposes:
(1) Construction, reconstruction, resurfacing,
restoration, rehabilitation, preservation, or
operational improvements of segments of the National
Highway System.
(2) Construction, reconstruction, replacement
(including replacement with fill material),
rehabilitation, preservation, and protection (including
scour countermeasures, seismic retrofits, and impact
protection measures) of bridges and tunnels on the
National Highway System.
(3) Inspection and evaluation, as defined in section
151, of bridges and tunnels on the National Highway
System, or inspection and evaluation of other highway
infrastructure assets on the National Highway System.
(4) Training of bridge and tunnel inspectors, as
defined in section 151.
(5) Rehabilitation or replacement of existing ferry
boats and ferry boat facilities, including approaches,
that connect road segments of the National Highway
System.
(6) Highway safety improvements for segments of the
National Highway System.
(7) Capital and operating costs for traffic
management and traveler information monitoring,
management, and control facilities and programs for the
National Highway System.
(8) Infrastructure-based intelligent transportation
systems capital improvements for the National Highway
System.
(9) Development and implementation of a State asset
management plan for the National Highway System in
accordance with section 103(b), including data
collection, maintenance, and integration and the cost
associated with obtaining, updating, and licensing
software and equipment required for risk-based asset
management and performance-based management.
(10) Environmental mitigation efforts related to
projects funded under this section, as described in
subsection (f).
(11) Construction of publicly owned intracity or
intercity bus terminals.
(12) Environmental restoration and pollution
abatement associated with a project funded under this
section in accordance with section 328.
(f) Environmental Mitigation.--
(1) Eligible activities.--Environmental mitigation
efforts referred to in subsection (e)(10) include--
(A) participation in mitigation banking or
other third-party mitigation arrangements, such
as--
(i) the purchase of credits from
commercial mitigation banks;
(ii) the establishment and management
of agency-sponsored mitigation banks;
and
(iii) the purchase of credits or
establishment of in-lieu fee mitigation
programs;
(B) contributions to statewide and regional
efforts to conserve, restore, enhance, and
create natural habitats, wetlands, and other
resources; and
(C) the development of statewide and regional
environmental protection plans.
(2) Inclusion of other activities.--The banks,
efforts, and plans described in paragraph (1) include
any such banks, efforts, and plans developed in
accordance with applicable law (including regulations).
(3) Terms and conditions.--The following terms and
conditions apply to natural habitat and wetlands
mitigation efforts referred to in subsection (e)(10):
(A) Contributions to the mitigation effort
may take place concurrent with, in advance of,
or subsequent to the construction of a project
or projects.
(B) Credits from any agency-sponsored
mitigation bank that are attributable to
funding under this section may be used only for
projects funded under this title unless the
agency pays to the Secretary an amount equal to
the Federal funds attributable to the
mitigation bank credits the agency uses for
purposes other than mitigation of a project
funded under this title.
(4) Preference.--At the discretion of the project
sponsor, preference shall be given, to the maximum
extent practicable, to mitigating an environmental
impact through the use of a mitigation bank or other
third-party mitigation arrangement, if the use of
credits from the mitigation bank for the project is
approved by the applicable Federal agency.
(g) Federal Share.--
(1) In general.--Except as provided by paragraph (2),
the Federal share of the cost of a project payable from
funds made available to carry out this section shall be
determined under section 120(b).
(2) Interstate system.--The Federal share of the cost
of a project on the Interstate System payable from
funds made available to carry out this section shall be
determined under section 120(a).
Sec. 120. Federal share payable
(a) * * *
* * * * * * *
(e) Emergency Relief.--The Federal share payable on account
of any repair or reconstruction provided for by funds made
available under section 125 of this title on account of any
project on a Federal-aid highway, including the Interstate
System, shall not exceed the Federal share payable on a project
on such highway as provided in subsections (a) and (b) of this
section; except that (1) the Federal share payable for eligible
emergency repairs to minimize damage, protect facilities, or
restore essential traffic accomplished within 180 days after
the actual occurrence of the natural disaster or catastrophic
failure may amount to 100 percent of the costs thereof; and (2)
the Federal share payable on account of any repair or
reconstruction of [forest highways, forest development roads
and trails, park roads and trails, parkways, public lands
highways, public lands development roads and trails, and Indian
reservation roads] tribal roads and Federal lands highways may
amount to 100 percent of the cost thereof. The total cost of a
project may not exceed the cost of repair or reconstruction of
a comparable facility. As used in this section with respect to
bridges and in section 144 of this title, ``a comparable
facility'' shall mean a facility which meets the current
geometric and construction standards required for the types and
volume of traffic which such facility will carry over its
design life.
* * * * * * *
(j) Credit for Non-Federal Share.--
(1) Eligibility.--
(A) In general.--A State may use as a credit
toward the non-Federal share requirement for
any funds made available to carry out this
title (other than the emergency relief program
authorized by section 125 [and the Appalachian
development highway system program under
section 14501 of title 40]) or chapter 53 of
title 49 toll revenues that are generated and
used by public, quasi-public, and private
agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the
public purpose of interstate commerce.
* * * * * * *
(l) Use of [Federal Lands Highways Program] Tribal
Transportation Program and Federal Lands Transportation Program
Funds.--Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out [the Federal lands
highways program under section 204] the tribal transportation
program under section 202 and the Federal lands transportation
program under section 203 may be used to pay the non-Federal
share of the cost of any project that is funded under this
title or chapter 53 of title 49 and that provides access to or
within Federal or Indian lands.
* * * * * * *
Sec. 125. Emergency relief
(a) * * *
* * * * * * *
[(d) The Secretary may expend funds from the emergency fund
herein authorized for the repair or reconstruction of highways
on Federal-aid highways in accordance with the provisions of
this chapter: Provided, That (1) obligations for projects under
this section, including those on highways, roads, and trails
mentioned in subsection (e) of this section, resulting from a
single natural disaster or a single catastrophic failure in a
State shall not exceed $100,000,000, and (2) the total
obligations for projects under this section in any fiscal year
in the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall not exceed
$20,000,000. Notwithstanding any provision of this chapter
actual and necessary costs of maintenance and operation of
ferryboats providing temporary substitute highway traffic
service, less the amount of fares charged, may be expended from
the emergency fund herein authorized on Federal-aid highways.
Except as to highways, roads, and trails mentioned in
subsection (e) of this section, no funds shall be so expended
unless the Secretary has received an application therefor from
the State transportation department, and unless an emergency
has been declared by the Governor of the State and concurred in
by the Secretary, except that if the President has declared
such emergency to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) concurrence of the Secretary is not
required.
[(e) The Secretary may expend funds from the emergency fund
herein authorized, either independently or in cooperation with
any other branch of the Government, State agency, organization,
or person, for the repair or reconstruction of forest highways,
forest development roads and trails, park roads and trails,
parkways, public lands highways, public lands development roads
and trails, and Indian reservation roads, whether or not such
highways, roads, or trails are Federal-aid highways.]
(d) Eligibility.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary may expend funds from the
emergency fund authorized by this section for the
repair or reconstruction of Federal-aid highways in
accordance with the provisions of this chapter.
(2) Maximum total project costs.--
(A) In general.--The total cost of a project
carried out under this section may not exceed
the cost of repair or reconstruction of a
comparable facility.
(B) Comparable facility defined.--In this
paragraph, the term ``comparable facility''
means a facility that meets the current
geometric and construction standards required
for the types and volume of traffic that the
facility will carry over its design life.
(3) Debris removal.--The costs of debris removal
shall be an eligible expense under this section only
for--
(A) an event not declared a major disaster or
emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); or
(B) an event declared a major disaster or
emergency by the President under that Act if
the debris removal is not eligible for
assistance pursuant to section 403, 407, or 502
of that Act (42 U.S.C. 5170b, 5173, 5192).
(4) Territories.--The total obligations for projects
under this section in a fiscal year in the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands may not exceed
$20,000,000.
(5) Temporary substitute highway traffic service.--
Notwithstanding any other provision of this chapter,
actual and necessary costs of maintenance and operation
of ferryboats or additional transit service providing
temporary substitute highway traffic service, less the
amount of fares charged, may be expended from the
emergency fund under this section authorized for
Federal-aid highways.
(6) Applications; emergency declarations.--Except as
to highways, roads, and trails referred to in
subsection (e), no funds may be expended under this
section unless--
(A) a declaration is made--
(i) by the Governor of the State and
concurred in by the Secretary, that an
emergency exists; or
(ii) by the President under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5121 et seq.) that a major disaster or
emergency exists; and
(B) not later than 2 years after a
declaration is made under subparagraph (A), the
Secretary has received an application for
assistance from the State transportation
department that includes a comprehensive list
of potentially eligible project sites and
repair costs.
(e) Tribal Roads, Federal Lands Highways, and Public Roads on
Federal Lands.--
(1) Use of emergency fund.--Notwithstanding
subsection (d)(1), the Secretary may expend funds from
the emergency fund authorized by this section, either
independently or in cooperation with any other branch
of the Government, a State agency, tribal organization,
organization, or person, for the repair or
reconstruction of tribal roads, Federal lands highways,
and other federally owned roads that are open to public
travel, whether or not such roads are Federal-aid
highways.
(2) Reimbursements.--The Secretary may reimburse
Federal agencies, State (including political
subdivisions of the States) agencies, and Indian tribal
governments for expenditures made on projects
determined eligible under this section, including
expenditures for emergency repairs made before a
determination of eligibility. Such reimbursements to
Federal agencies and Indian tribal governments shall be
transferred to the account from which the expenditure
was made, or to a similar account that remains
available for obligation, and the budget authority
associated with the expenditure shall be restored to
the agency from which it was derived and shall be
available for obligation until the end of the fiscal
year following the year in which the transfer occurs.
(3) Open to public travel defined.--In this
subsection, the term ``open to public travel'' means
that, except during scheduled periods, extreme weather
conditions, or emergencies, the road is open to the
general public for use with a standard passenger auto,
without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of
registration.
* * * * * * *
[Sec. 126. Uniform transferability of Federal-aid highway funds
[(a) General Rule.--Notwithstanding any other provision of
law but subject to subsections (b) and (c), if at least 50
percent of a State's apportionment under section 104 or 144 for
a fiscal year or at least 50 percent of the funds set-aside
under section 133(d) from the State's apportionment under
section 104(b)(3) may not be transferred to any other
apportionment of the State under section 104 or 144 for such
fiscal year, then the State may transfer not to exceed 50
percent of such apportionment or set aside to any other
apportionment of such State under section 104 or 144 for such
fiscal year.
[(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to the last
sentence of section 133(d)(1) or to section 104(f) or to
section 133(d)(3). The maximum amount that a State may transfer
under this section of the State's set-aside under section
133(d)(1) or 133(d)(2) for a fiscal year may not exceed 25
percent of (1) the amount of such set-aside, less (2) the
amount of the State's set-aside under such section for fiscal
year 1997.
[(c) Application to Certain CMAQ Funds.--The maximum amount
that a State may transfer under this section of the State's
apportionment under section 104(b)(2) for a fiscal year may not
exceed 50 percent of (1) the amount of such apportionment, less
(2) the amount that the State's apportionment under section
104(b)(2) for such fiscal year would have been had the program
been funded at $1,350,000,000. Any such funds apportioned under
section 104(b)(2) and transferred under this section may only
be obligated in geographic areas eligible for the obligation of
funds apportioned under section 104(b)(2).]
Sec. 126. Uniform transferability of Federal-aid highway funds
(a) General Rule.--Notwithstanding any other provision of
law, but subject to subsection (b), a State may transfer not to
exceed 25 percent of the State's apportionment under paragraph
(1), (3), or (5) of section 104(b) for a fiscal year to any
other apportionment of the State under any of those paragraphs
for that fiscal year.
(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to section
104(f) or section 133(d)(3).
Sec. 127. Vehicle weight limitations--Interstate System
(a) In General.--
(1) * * *
* * * * * * *
(12) Heavy duty vehicles.--
(A) * * *
(B) Maximum weight increase.--The weight
increase under subparagraph (A) shall be not
greater than [400] 550 pounds.
(C) Proof.--On request by a regulatory agency
or law enforcement agency, the vehicle operator
shall provide proof (through demonstration or
certification) that--
(i) * * *
(ii) the [400-pound] 550-pound gross
weight increase is not used for any
purpose other than the use of idle
reduction technology described in
subparagraph (A).
(13) Pilot program.--
(A) In general.--The Secretary may carry out
a pilot program under which the Secretary may
authorize up to 3 States to allow, by special
permit, the operation of vehicles with a gross
vehicle weight of up to 126,000 pounds on
segments on the Interstate System in the State.
(B) Requirements.--A State authorized under
the pilot program under subparagraph (A)
shall--
(i) identify and submit to the
Secretary for approval the segments on
the Interstate System to be subject to
the program and the configurations of
vehicles to be allowed to operate under
a special permit;
(ii) allow vehicles subject to the
program to operate on not more than 3
segments, which may be contiguous, of
up to 25 miles each;
(iii) require the loads of vehicles
operating under a special permit to
conform to such single axle, tandem
axle, tridem axle, and bridge formula
limits applicable in the State; and
(iv) establish and collect a fee for
vehicles operating under a special
permit.
(C) Prohibitions.--The Secretary may prohibit
the operation of a vehicle under a special
permit if the Secretary determines that the
operation poses an unreasonable safety risk
based on an analysis of engineering data,
safety data, or other applicable data.
(D) Duration.--The Secretary may authorize a
State under the pilot program under
subparagraph (A) for a period not to exceed 4
years.
* * * * * * *
(i) Special Permits During Periods of Emergency.--
(1) In general.--A State may issue special permits
with respect to a major disaster or emergency declared
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) to
overweight vehicles and loads that can be easily
dismantled or divided allowing operations on the
Interstate System that would otherwise be prohibited
under subsection (a), if--
(A) the permits are issued in accordance with
State law; and
(B) the permits are issued exclusively to
vehicles and loads that are delivering relief
supplies in response to the major disaster or
emergency.
(2) Expiration.--A permit issued with respect to a
major disaster or emergency under paragraph (1) shall
expire not later than 120 days after the date of the
declaration of the major disaster or emergency as
described in paragraph (1).
(j) Emergency Vehicles.--
(1) In general.--Notwithstanding subsection (a), a
State may not enforce against an emergency vehicle a
weight limit of--
(A) less than 24,000 pounds on a single
steering axle;
(B) less than 33,500 pounds on a single drive
axle;
(C) less than 62,000 pounds on a tandem axle;
or
(D) less than 52,000 pounds on a tandem rear
drive steer axle, up to a maximum gross vehicle
weight of 86,000 pounds.
(2) Emergency vehicle defined.--In this subsection,
the term ``emergency vehicle'' means a vehicle designed
to be used under emergency conditions--
(A) to transport personnel and equipment; and
(B) to support the suppression of fires or
mitigation of other hazardous situations.
* * * * * * *
Sec. 129. Toll roads, bridges, tunnels, and ferries
[(a) Basic Program.--
[(1) Authorization for federal participation.--
Notwithstanding section 301 of this title and subject
to the provisions of this section, the Secretary shall
permit Federal participation in--
[(A) initial construction of a toll highway,
bridge, or tunnel (other than a highway,
bridge, or tunnel on the Interstate System) or
approach thereto;
[(B) reconstructing, resurfacing, restoring,
and rehabilitating a toll highway, bridge, or
tunnel (including a toll highway, bridge, or
tunnel subject to an agreement entered into
under this section or section 119(e) as in
effect on the day before the date of the
enactment of the Intermodal Surface
Transportation Efficiency Act of 1991) or
approach thereto;
[(C) reconstruction or replacement of a toll-
free bridge or tunnel and conversion of the
bridge or tunnel to a toll facility;
[(D) reconstruction of a toll-free Federal-
aid highway (other than a highway on the
Interstate System) and conversion of the
highway to a toll facility; and
[(E) preliminary studies to determine the
feasibility of a toll facility for which
Federal participation is authorized under
subparagraph (A), (B), (C), or (D);
on the same basis and in the same manner as in the
construction of free highways under this chapter.
[(2) Ownership.--Each highway, bridge, tunnel, or
approach thereto constructed under this subsection
must--
[(A) be publicly owned, or
[(B) be privately owned if the public
authority having jurisdiction over the highway,
bridge, tunnel, or approach has entered into a
contract with a private person or persons to
design, finance, construct, and operate the
facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the
facility.
[(3) Limitations on use of revenues.--Before the
Secretary may permit Federal participation under this
subsection in construction of a highway, bridge, or
tunnel located in a State, the public authority
(including the State transportation department) having
jurisdiction over the highway, bridge, or tunnel must
enter into an agreement with the Secretary which
provides that all toll revenues received from operation
of the toll facility will be used first for debt
service, for reasonable return on investment of any
private person financing the project, and for the costs
necessary for the proper operation and maintenance of
the toll facility, including reconstruction,
resurfacing, restoration, and rehabilitation. If the
State certifies annually that the tolled facility is
being adequately maintained, the State may use any toll
revenues in excess of amounts required under the
preceding sentence for any purpose for which Federal
funds may be obligated by a State under this title.
[(4) Special rule for funding.--In the case of a toll
highway, bridge, or tunnel under the jurisdiction of a
public authority of a State (other than the State
transportation department), upon request of the State
transportation department and subject to such terms and
conditions as such department and public authority may
agree, the Secretary shall reimburse such public
authority for the Federal share of the costs of
construction of the project carried out on the toll
facility under this subsection in the same manner and
to the same extent as such department would be
reimbursed if such project was being carried out by
such department. The reimbursement of funds under this
paragraph shall be from sums apportioned to the State
under this chapter and available for obligations on
projects on the Federal-aid system in such State on
which the project is being carried out.
[(5) Limitation on federal share.--The Federal share
payable for a project described in paragraph (1) shall
be a percentage determined by the State but not to
exceed 80 percent.
[(6) Modifications.--If a public authority (including
a State transportation department) having jurisdiction
over a toll highway, bridge, or tunnel subject to an
agreement under this section or section 119(e), as in
effect on the day before the effective date of title I
of the Intermodal Surface Transportation Efficiency Act
of 1991, requests modification of such agreement, the
Secretary shall modify such agreement to allow the
continuation of tolls in accordance with paragraph (3)
without repayment of Federal funds.
[(7) Loans.--
[(A) In general.--A State may loan to a
public or private entity constructing or
proposing to construct under this section a
toll facility or non-toll facility with a
dedicated revenue source an amount equal to all
or part of the Federal share of the cost of the
project if the project has a revenue source
specifically dedicated to it. Dedicated revenue
sources for non-toll facilities include excise
taxes, sales taxes, motor vehicle use fees, tax
on real property, tax increment financing, and
such other dedicated revenue sources as the
Secretary determines appropriate.
[(B) Compliance with federal laws.--As a
condition of receiving a loan under this
paragraph, the public or private entity that
receives the loan shall ensure that the project
will be carried out in accordance with this
title and any other applicable Federal law,
including any applicable provision of a Federal
environmental law.
[(C) Subordination of debt.--The amount of
any loan received for a project under this
paragraph may be subordinated to any other debt
financing for the project.
[(D) Obligation of funds loaned.--Funds
loaned under this paragraph may only be
obligated for projects under this paragraph.
[(E) Repayment.--The repayment of a loan made
under this paragraph shall commence not later
than 5 years after date on which the facility
that is the subject of the loan is open to
traffic.
[(F) Term of loan.--The term of a loan made
under this paragraph shall not exceed 30 years
from the date on which the loan funds are
obligated.
[(G) Interest.--A loan made under this
paragraph shall bear interest at or below
market interest rates, as determined by the
State, to make the project that is the subject
of the loan feasible.
[(H) Reuse of funds.--Amounts repaid to a
State from a loan made under this paragraph may
be obligated--
[(i) for any purpose for which the
loan funds were available under this
title; and
[(ii) for the purchase of insurance
or for use as a capital reserve for
other forms of credit enhancement for
project debt in order to improve credit
market access or to lower interest
rates for projects eligible for
assistance under this title.
[(I) Guidelines.--The Secretary shall
establish procedures and guidelines for making
loans under this paragraph.
[(8) Initial construction defined.--For purposes of
this subsection, the term ``initial construction''
means the construction of a highway, bridge, or tunnel
at any time before it is open to traffic and does not
include any improvement to a highway, bridge, or tunnel
after it is open to traffic.]
(a) Basic Program.--
(1) Authorization for federal participation.--Subject
to the provisions of this section, Federal
participation shall be permitted on the same basis and
in the same manner as construction of toll-free
highways is permitted under this chapter in the--
(A) initial construction of a toll highway,
bridge, or tunnel or approach thereto;
(B) initial construction of one or more lanes
or other improvements that increase capacity of
a highway, bridge, or tunnel (other than a
highway on the Interstate System) and
conversion of that highway, bridge, or tunnel
to a tolled facility;
(C) initial construction of one or more lanes
or other improvements that increase the
capacity of a highway, bridge, or tunnel on the
Interstate System and conversion of that
highway, bridge, or tunnel to a tolled
facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of
toll-free non-HOV lanes, excluding auxiliary
lanes, before such construction;
(D) reconstruction, resurfacing, restoration,
rehabilitation, or replacement of a toll
highway, bridge, or tunnel or approach thereto;
(E) reconstruction or replacement of a toll-
free bridge or tunnel and conversion of the
bridge or tunnel to a toll facility;
(F) reconstruction, restoration, or
rehabilitation of a toll-free Federal-aid
highway (other than a highway on the Interstate
System) and conversion of the highway to a toll
facility;
(G) reconstruction, restoration, or
rehabilitation of a highway on the Interstate
System if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation
is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration or rehabilitation;
(H) conversion of a high occupancy vehicle
lane on a highway, bridge, or tunnel to a toll
facility; and
(I) preliminary studies to determine the
feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.
(2) Ownership.--Each highway, bridge, tunnel, or
approach thereto constructed under this subsection
must--
(A) be publicly owned; or
(B) be privately owned if the public
authority with jurisdiction over the highway,
bridge, tunnel, or approach has entered into a
contract with a private person or persons to
design, finance, construct, and operate the
facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the
facility.
(3) Limitations on use of revenues.--
(A) In general.--A public authority with
jurisdiction over a toll facility shall use all
toll revenues received from operation of the
toll facility only for--
(i) debt service with respect to the
projects on or for which the tolls are
authorized, including funding of
reasonable reserves and debt service on
refinancing;
(ii) reasonable return on investment
of any private person financing the
project, as determined by the State or
interstate compact of States concerned;
(iii) any costs necessary for the
improvement and proper operation and
maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation;
(iv) if the toll facility is subject
to a public-private partnership
agreement, payments that the party
holding the right to toll revenues owes
to the other party under the public-
private partnership agreement; and
(v) if the public authority certifies
annually that the tolled facility is
being adequately maintained, the public
authority may use toll revenues for any
other purpose for which Federal funds
may be obligated by a State under this
title.
(B) Annual audit.--A public authority with
jurisdiction over a toll facility shall conduct
or have an independent auditor conduct an
annual audit of toll facility records to verify
adequate maintenance and compliance with
subparagraph (A), and report the results of
such audits to the Secretary. Upon reasonable
notice, the public authority shall make all
records of the public authority pertaining to
the toll facility available for audit by the
Secretary.
(C) Noncompliance.--If the Secretary
concludes that a public authority has not
complied with the limitations on the use of
revenues described in subparagraph (A), the
Secretary may require the public authority to
discontinue collecting tolls until an agreement
with the Secretary is reached to achieve
compliance with the limitation on the use of
revenues described in subparagraph (A).
(4) Limitations on conversion of high occupancy
vehicle facilities on interstate system.--
(A) In general.--A public authority with
jurisdiction over a high occupancy vehicle
facility on the Interstate System may undertake
reconstruction, restoration, or rehabilitation
under subsection (a)(1)(G) on the facility, and
may levy tolls on vehicles, excluding high
occupancy vehicles, using the reconstructed,
restored, or rehabilitated facility, if the
public authority--
(i) in the case of a high occupancy
vehicle facility that affects a
metropolitan area, submits to the
Secretary a written assurance that the
metropolitan planning organization
designated under section 5203 of title
49 for the area has been consulted
concerning the placement and amount of
tolls on the converted facility;
(ii) develops, manages, and maintains
a system that will automatically
collect the toll; and
(iii) establishes policies and
procedures to--
(I) manage the demand to use
the facility by varying the
toll amount that is charged;
and
(II) enforce sanctions for
violations of use of the
facility.
(B) Exemption from tolls.--In levying tolls
on a facility under subparagraph (A), a public
authority may designate classes of vehicles
that are exempt from the tolls or charge
different toll rates for different classes of
vehicles.
(5) Special rule for funding.--In the case of a toll
facility under the jurisdiction of a public authority
of a State (other than the State transportation
department), upon request of the State transportation
department and subject to such terms and conditions as
such department and public authority may agree, the
Secretary, working through the State department of
transportation, shall reimburse such public authority
for the Federal share of the costs of construction of
the project carried out on the toll facility under this
subsection in the same manner and to the same extent as
such department would be reimbursed if such project was
being carried out by such department. The reimbursement
of funds under this paragraph shall be from sums
apportioned to the State under this chapter and
available for obligations on projects on the Federal-
aid system in such State on which the project is being
carried out.
(6) Limitation on federal share.--The Federal share
payable for a project described in paragraph (1) shall
be a percentage determined by the State but not to
exceed 80 percent.
(7) Modifications.--If a public authority (including
a State transportation department) with jurisdiction
over a toll facility subject to an agreement under this
section or section 119(e), as in effect on the day
before the effective date of title I of the Intermodal
Surface Transportation Efficiency Act of 1991, requests
modification of such agreement, the Secretary shall
modify such agreement to allow the continuation of
tolls in accordance with paragraph (3) without
repayment of Federal funds.
(8) Loans.--
(A) In general.--Using amounts made available
under this title, a State may loan to a public
or private entity constructing or proposing to
construct under this section a toll facility or
non-toll facility with a dedicated revenue
source an amount equal to all or part of the
Federal share of the cost of the project if the
project has a revenue source specifically
dedicated to it. Dedicated revenue sources for
non-toll facilities include excise taxes, sales
taxes, motor vehicle use fees, tax on real
property, tax increment financing, and such
other dedicated revenue sources as the
Secretary determines appropriate.
(B) Compliance with federal laws.--As a
condition of receiving a loan under this
paragraph, the public or private entity that
receives the loan shall ensure that the project
will be carried out in accordance with this
title and any other applicable Federal law,
including any applicable provision of a Federal
environmental law.
(C) Subordination of debt.--The amount of any
loan received for a project under this
paragraph may be subordinated to any other debt
financing for the project.
(D) Obligation of funds loaned.--Funds loaned
under this paragraph may only be obligated for
projects under this paragraph.
(E) Repayment.--The repayment of a loan made
under this paragraph shall commence not later
than 5 years after date on which the facility
that is the subject of the loan is open to
traffic.
(F) Term of loan.--The term of a loan made
under this paragraph shall not exceed 30 years
from the date on which the loan funds are
obligated.
(G) Interest.--A loan made under this
paragraph shall bear interest at or below
market interest rates, as determined by the
State, to make the project that is the subject
of the loan feasible.
(H) Reuse of funds.--Amounts repaid to a
State from a loan made under this paragraph may
be obligated--
(i) for any purpose for which the
loan funds were available under this
title; and
(ii) for the purchase of insurance or
for use as a capital reserve for other
forms of credit enhancement for project
debt in order to improve credit market
access or to lower interest rates for
projects eligible for assistance under
this title.
(I) Guidelines.--The Secretary shall
establish procedures and guidelines for making
loans under this paragraph.
(9) State law permitting tolling.--If a State does
not have a highway, bridge, or tunnel toll facility as
of the date of enactment of the American Energy and
Infrastructure Jobs Act of 2012, before commencing any
activity authorized under this section, the State must
have in effect a law that permits tolling on a highway,
bridge, or tunnel.
(10) Definitions.--In this subsection, the following
definitions apply:
(A) High occupancy vehicle; hov.--The term
``high occupancy vehicle'' or ``HOV'' means a
vehicle with no fewer than 2 occupants.
(B) Initial construction.--The term ``initial
construction'' means the construction of a
highway, bridge, tunnel, or other facility at
any time before it is open to traffic and does
not include any improvement to a highway,
bridge, tunnel, or other facility after it is
open to traffic.
(C) Public authority.--The term ``public
authority'' means a State, interstate compact
of States, or public entity designated by a
State.
(D) Toll facility.--The term ``toll
facility'' means a toll highway, bridge, or
tunnel or approach thereto constructed under
this subsection.
* * * * * * *
Sec. 130. Railway-highway crossings
(a) * * *
* * * * * * *
(d) Survey and Schedule of Projects.--Each State shall
conduct and systematically maintain a survey of all highways to
identify those railroad crossings which may require separation,
relocation, or protective devices, and establish and implement
a schedule of projects for this purpose. At a minimum, such a
schedule shall provide signs for all railway-highway crossings.
Each State shall make the surveys conducted and schedules
implemented under this subsection available to the public on an
appropriate Internet Web site of the State.
* * * * * * *
(m) Railway-Highway Crossing Information.--
(1) Priority lists and action plans.--
(A) In general.--Not later than 1 year after
the date of enactment of this subsection, each
State shall compile and submit to the Secretary
a report that includes--
(i) a list of the 10 railway-highway
crossings in the State that have the
greatest need for safety improvements;
(ii) an action plan that identifies
projects and activities the State plans
to carry out to improve safety at those
railway-highway crossings; and
(iii) a list of projects and
activities the State carried out to
improve safety at those railway-highway
crossings during the 2-year period
ending on the date on which the report
is submitted to the Secretary.
(B) Updates.--Each State shall update and
submit to the Secretary, at least once every 2
years, the report of that State under
subparagraph (A).
(2) Publication of reports on u.s. dot web site.--The
Secretary shall make the reports submitted under
paragraph (1) available to the public on the Internet
Web site of the Department of Transportation.
(3) Publication of reports on state web sites.--Each
State shall make the reports compiled under paragraph
(1) available to the public on an appropriate Internet
Web site of the State.
(4) Limitation on use of data in judicial
proceedings.--Notwithstanding any other provision of
law, any report, review, survey, schedule, list, data,
information, or document of any kind compiled or
collected pursuant to this subsection, including for
the purpose of identifying, evaluating, or planning the
safety enhancement of a potential accident site or
railway-highway crossing pursuant to this section,
shall not be subject to discovery or admitted into
evidence in a Federal or State court proceeding or
considered for other purposes in any action for damages
arising from any occurrence at a location mentioned or
addressed in such report, review, survey, schedule,
list, data, information, or document.
(5) Noncompliance.--If the Secretary determines that
a State is not in compliance with requirements under
this subsection, the Secretary may withhold funding
that would otherwise be apportioned to that State under
this section.
Sec. 131. Control of outdoor advertising
(a) * * *
* * * * * * *
(i) In order to provide information in the specific interest
of the traveling public, the State transportation departments
are authorized to maintain maps and to permit information
directories and advertising pamphlets to be made available at
safety rest areas. Subject to the approval of the Secretary, a
State may also establish information centers at safety rest
areas and other travel information systems within the rights-
of-way for the purpose of informing the public of places of
interest within the State and providing such other information
as a State may consider desirable. The Federal share of the
cost of establishing such an information center or travel
information system shall be that which is provided in section
120 for a highway project on that Federal-aid system to be
served by such center or system. A State may permit the
installation of signs that acknowledge the sponsorship of rest
areas within such rest areas or along the main traveled way of
the system, provided that such signs shall not affect the safe
and efficient utilization of the Interstate System and the
primary system. The Secretary shall establish criteria for the
installation of such signs on the main traveled way, including
criteria pertaining to the placement of rest area sponsorship
acknowledgment signs in relation to the placement of advance
guide signs for rest areas.
* * * * * * *
Sec. 133. Surface transportation program
(a) * * *
(b) Eligible Projects.--A State may obligate funds
apportioned to it under section 104(b)(3) for the surface
transportation program only for the following:
[(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, and operational improvements
for highways (including Interstate highways) and
bridges (including bridges on public roads of all
functional classifications), including any such
construction or reconstruction necessary to accommodate
other transportation modes, and including the seismic
retrofit and painting of and application of calcium
magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-
icing and de-icing compositions on bridges and
approaches thereto and other elevated structures,
mitigation of damage to wildlife, habitat, and
ecosystems caused by a transportation project funded
under this title.]
(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, and operational
improvements for highways, including construction of
designated routes of the Appalachian Development
Highway System.
(2) Replacement (including replacement with fill
material), rehabilitation, preservation, and protection
(including painting, scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme events)
for bridges and tunnels on public roads of all
functional classifications.
(3) Construction of a new bridge or tunnel at a new
location on a Federal-aid highway.
(4) Inspection and evaluation of bridges and tunnels
and training of bridge and tunnel inspectors (as
defined in section 151), and inspection and evaluation
of other highway assets (including signs, retaining
walls, and drainage structures).
[(2)] (5) Capital costs for transit projects eligible
for assistance under chapter 53 of title 49, including
vehicles and facilities, whether publicly or privately
owned, that are used to provide intercity passenger
service by bus.
[(3)] (6) Carpool projects, fringe and corridor
parking facilities and programs, bicycle transportation
and pedestrian walkways in accordance with section 217,
and the modification of public sidewalks to comply with
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
[(4)] (7) Highway and transit safety infrastructure
improvements and programs, hazard eliminations,
projects to mitigate hazards caused by wildlife, and
railway-highway grade crossings.
[(5)] (8) Highway and transit research and
development and technology transfer programs.
[(6)] (9) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs, including advanced truck stop electrification
systems.
[(7)] (10) Surface transportation planning programs.
[(8)] (11) Transportation enhancement activities.
[(9)] (12) Transportation control measures listed in
section 108(f)(1)(A) (other than clause (xvi)) of the
Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
[(10)] (13) Development and establishment of
management systems under section 303.
[(11) In accordance with all applicable Federal law
and regulations, participation in natural habitat and
wetlands mitigation efforts related to projects funded
under this title, which may include participation in
natural habitat and wetlands mitigation banks;
contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats
and wetlands; and development of statewide and regional
natural habitat and wetlands conservation and
mitigation plans, including any such banks, efforts,
and plans authorized pursuant to the Water Resources
Development Act of 1990 (including crediting
provisions). Contributions to such mitigation efforts
may take place concurrent with or in advance of project
construction. Contributions toward these efforts may
occur in advance of project construction only if such
efforts are consistent with all applicable requirements
of Federal law and regulations and State transportation
planning processes. With respect to participation in a
natural habitat or wetland mitigation effort related to
a project funded under this title that has an impact
that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent
practicable, to the use of the mitigation bank if the
bank contains sufficient available credits to offset
the impact and the bank is approved in accordance with
the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605
(November 28, 1995)) or other applicable Federal law
(including regulations).]
(14) Environmental mitigation efforts relating to
projects funded under this title in the same manner and
to the same extent as such activities are eligible
under section 119(f).
[(12)] (15) Projects relating to intersections that--
(A) * * *
* * * * * * *
[(13)] (16) Infrastructure-based intelligent
transportation systems capital improvements.
[(14)] (17) Environmental restoration and pollution
abatement in accordance with section 328.
[(15) Control of noxious weeds and aquatic noxious
weeds and establishment of native species in accordance
with section 329.]
[(c) Location of Projects.--Except as provided in subsection
(b)(1), surface transportation program projects (other than
those described in subsections (b)(3) and (4)) may not be
undertaken on roads functionally classified as local or rural
minor collectors, unless such roads are on a Federal-aid
highway system on January 1, 1991, and except as approved by
the Secretary.]
(c) Location of Projects.--Except for projects described in
subsections (b)(2), (b)(6), and (b)(7), surface transportation
program projects may not be undertaken on roads functionally
classified as local or rural minor collectors unless the roads
were on a Federal-aid highway system on January 1, 1991, and
except as approved by the Secretary.
(d) Allocations of Apportioned Funds.--
(1) * * *
[(2) For transportation enhancement activities.--In a
fiscal year, the greater of 10 percent of the funds
apportioned to a State under section 104(b)(3) for such
fiscal year, or the amount set aside under this
paragraph with respect to the State for fiscal year
2005, shall only be available for transportation
enhancement activities.]
(3) Division between urbanized areas of over 200,000
population and other areas.--
(A) General rule.--Except as provided in
subparagraph (C), [62.5 percent of the
remaining 90 percent] 50 percent of the funds
apportioned to a State under section 104(b)(3)
for a fiscal year shall be obligated under this
section--
(i) * * *
* * * * * * *
in proportion to their relative share of the
State's population. The remaining [37.5
percent] 50 percent may be obligated in any
area of the State. Funds attributed to an
urbanized area under clause (i) may be
obligated in the metropolitan area established
under section 134 which encompasses the
urbanized area.
* * * * * * *
(E) Consultation with rural planning
organizations.--For purposes of subparagraph
(A)(ii), before obligating funding attributed
to an area with a population greater than 5,000
and less than 200,000, a State shall consult
with the rural planning organizations that
represent the area, if any.
* * * * * * *
(5) Applicability of certain requirements to third
party sellers.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), in the case of a
transportation enhancement activity [funded
from the allocation required under paragraph
(2)], if real property or an interest in real
property is to be acquired from a qualified
organization exclusively for conservation
purposes (as determined under section 170(h) of
the Internal Revenue Code of 1986), the
organization shall be considered to be the
owner of the property for the purpose of the
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
* * * * * * *
(e) Administration.--
(1) * * *
* * * * * * *
[(3) Payments.--
[(A) In general.--Except as provided in
subparagraph (B), the Secretary shall make
payments to a State of costs incurred by the
State for the surface transportation program in
accordance with procedures to be established by
the Secretary.
[(B) Advance payment option for
transportation enhancement activities.--
[(i) In general.--The Secretary may
advance funds to the State for
transportation enhancement activities
funded from the allocation required by
subsection (d)(2) for a fiscal year.
[(ii) Limitation on amounts.--Amounts
advanced under this subparagraph shall
be limited to such amounts as are
necessary to make prompt payments for
project costs.
[(iii) Effect on other
requirements.--This subparagraph shall
not exempt a State from other
requirements of this title relating to
the surface transportation program.]
(3) Payments.--The Secretary shall make payments to a
State of costs incurred by the State for the surface
transportation program in accordance with procedures to
be established by the Secretary.
* * * * * * *
(f) Obligation Authority.--
(1) In general.--A State that is required to obligate
in an urbanized area with an urbanized area population
of over 200,000 individuals under subsection (d) funds
apportioned to the State under section 104(b)(3) shall
make available during the period of fiscal years [2004
through 2006] 2011 through 2013 and the period of
fiscal years [2007 through 2009] 2014 through 2016 an
amount of obligation authority distributed to the State
for Federal-aid highways and highway safety
construction programs for use in the area that is equal
to the amount obtained by multiplying--
(A) * * *
* * * * * * *
[Sec. 134. Metropolitan transportation planning
[(a) Policy.--It is in the national interest to--
[(1) encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and between States and urbanized
areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes identified
in this chapter; and
[(2) encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 135(d).
[(b) Definitions.--In this section and section 135, the
following definitions apply:
[(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
[(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization created as a result of the
designation process in subsection (d).
[(3) Nonmetropolitan area.--The term
``nonmetropolitan area'' means a geographic area
outside designated metropolitan planning areas.
[(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
[(5) TIP.--The term ``TIP'' means a transportation
improvement program developed by a metropolitan
planning organization under subsection (j).
[(6) Urbanized area.--The term ``urbanized area''
means a geographic area with a population of 50,000 or
more, as designated by the Bureau of the Census.
[(c) General Requirements.--
[(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs for metropolitan planning areas of
the State.
[(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
[(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
[(d) Designation of Metropolitan Planning Organizations.--
[(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
[(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
named by the Bureau of the Census); or
[(B) in accordance with procedures
established by applicable State or local law.
[(2) Structure.--Each metropolitan planning
organization that serves an area designated as a
transportation management area, when designated or
redesignated under this subsection, shall consist of--
[(A) local elected officials;
[(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area; and
[(C) appropriate State officials.
[(3) Limitation on statutory construction.--Nothing
in this subsection shall be construed to interfere with
the authority, under any State law in effect on
December 18, 1991, of a public agency with multimodal
transportation responsibilities to--
[(A) develop the plans and TIPs for adoption
by a metropolitan planning organization; and
[(B) develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
[(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).
[(5) Redesignation procedures.--A metropolitan
planning organization may be redesignated by agreement
between the Governor and units of general purpose local
government that together represent at least 75 percent
of the existing planning area population (including the
largest incorporated city (based on population) as
named by the Bureau of the Census) as appropriate to
carry out this section.
[(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the Governor and the
existing metropolitan planning organization determine
that the size and complexity of the existing
metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.
[(e) Metropolitan Planning Area Boundaries.--
[(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
[(2) Included area.--Each metropolitan planning
area--
[(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
[(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
[(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
[(4) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.) as of the date of
enactment of the SAFETEA-LU, the boundaries of the
metropolitan planning area in existence as of such date
of enactment shall be retained; except that the
boundaries may be adjusted by agreement of the Governor
and affected metropolitan planning organizations in the
manner described in subsection (d)(5).
[(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
[(A) shall be established in the manner
described in subsection (d)(1);
[(B) shall encompass the areas described in
paragraph (2)(A);
[(C) may encompass the areas described in
paragraph (2)(B); and
[(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.
[(f) Coordination in Multistate Areas.--
[(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
[(2) Interstate compacts.--The consent of Congress is
granted to any two or more States--
[(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual
assistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the
States; and
[(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
[(3) Lake Tahoe Region.--
[(A) Definition.--In this paragraph, the term
``Lake Tahoe region'' has the meaning given the
term ``region'' in subdivision (a) of article
II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law
96-551 (94 Stat. 3234).
[(B) Transportation planning process.--The
Secretary shall--
[(i) establish with the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region a transportation planning
process for the region; and
[(ii) coordinate the transportation
planning process with the planning
process required of State and local
governments under this section and
section 135.
[(C) Interstate compact.--
[(i) In general.--Subject to clause
(ii), and notwithstanding subsection
(b), to carry out the transportation
planning process required by this
section, the consent of Congress is
granted to the States of California and
Nevada to designate a metropolitan
planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California
and Nevada and units of general purpose
local government that together
represent at least 75 percent of the
affected population (including the
central city or cities (as defined by
the Bureau of the Census)), or in
accordance with procedures established
by applicable State or local law.
[(ii) Involvement of Federal land
management agencies.--
[(I) Representation.--The
policy board of a metropolitan
planning organization
designated under clause (i)
shall include a representative
of each Federal land management
agency that has jurisdiction
over land in the Lake Tahoe
region.
[(II) Funding.--For fiscal
year 2008 and each fiscal year
thereafter, in addition to
other funds made available to
the metropolitan planning
organization for the Lake Tahoe
region under this title and
chapter 53 of title 49, prior
to any allocation under section
202 of this title and
notwithstanding the allocation
provisions of section 202, the
Secretary shall set aside \1/2\
of 1 percent of all funds
authorized to be appropriated
for such fiscal year to carry
out section 204 and shall make
such funds available to the
metropolitan planning
organization for the Lake Tahoe
region to carry out the
transportation planning
process, environmental reviews,
preliminary engineering, and
design to complete
environmental documentation for
transportation projects for the
Lake Tahoe region under the
Tahoe Regional Planning Compact
as consented to in Public Law
96-551 (94 Stat. 3233) and this
paragraph.
[(D) Activities.--Highway projects included
in transportation plans developed under this
paragraph--
[(i) shall be selected for funding in
a manner that facilitates the
participation of the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region; and
[(ii) may, in accordance with chapter
2, be funded using funds allocated
under section 202.
[(4) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
[(g) MPO Consultation in Plan and TIP Coordination.--
[(1) Nonattainment areas.--If more than 1
metropolitan planning organization has authority within
a metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act, each metropolitan planning
organization shall consult with the other metropolitan
planning organizations designated for such area and the
State in the coordination of plans and TIPs required by
this section.
[(2) Transportation improvements located in multiple
MPOs.--If a transportation improvement, funded from the
Highway Trust Fund or authorized under chapter 53 of
title 49, is located within the boundaries of more than
1 metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding
the transportation improvement.
[(3) Relationship with other planning officials.--The
Secretary shall encourage each metropolitan planning
organization to consult with officials responsible for
other types of planning activities that are affected by
transportation in the area (including State and local
planned growth, economic development, environmental
protection, airport operations, and freight movements)
or to coordinate its planning process, to the maximum
extent practicable, with such planning activities.
Under the metropolitan planning process, transportation
plans and TIPs shall be developed with due
consideration of other related planning activities
within the metropolitan area, and the process shall
provide for the design and delivery of transportation
services within the metropolitan area that are provided
by--
[(A) recipients of assistance under chapter
53 of title 49;
[(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive
Federal assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services; and
[(C) recipients of assistance under section
204.
[(h) Scope of Planning Process.--
[(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
[(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
[(B) increase the safety of the
transportation system for motorized and
nonmotorized users;
[(C) increase the security of the
transportation system for motorized and
nonmotorized users;
[(D) increase the accessibility and mobility
of people and for freight;
[(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
[(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
[(G) promote efficient system management and
operation; and
[(H) emphasize the preservation of the
existing transportation system.
[(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title or
chapter 53 of title 49, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or
strategy, or the certification of a planning process.
[(i) Development of Transportation Plan.--
[(1) In general.--Each metropolitan planning
organization shall prepare and update a transportation
plan for its metropolitan planning area in accordance
with the requirements of this subsection. The
metropolitan planning organization shall prepare and
update such plan every 4 years (or more frequently, if
the metropolitan planning organization elects to update
more frequently) in the case of each of the following:
[(A) Any area designated as nonattainment, as
defined in section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d)).
[(B) Any area that was nonattainment and
subsequently designated to attainment in
accordance with section 107(d)(3) of that Act
(42 U.S.C. 7407(d)(3)) and that is subject to a
maintenance plan under section 175A of that Act
(42 U.S.C. 7505a).
In the case of any other area required to have a
transportation plan in accordance with the requirements
of this subsection, the metropolitan planning
organization shall prepare and update such plan every 5
years unless the metropolitan planning organization
elects to update more frequently.
[(2) Transportation plan.--A transportation plan
under this section shall be in a form that the
Secretary determines to be appropriate and shall
contain, at a minimum, the following:
[(A) Identification of transportation
facilities.--An identification of
transportation facilities (including major
roadways, transit, multimodal and intermodal
facilities, and intermodal connectors) that
should function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and
regional transportation functions. In
formulating the transportation plan, the
metropolitan planning organization shall
consider factors described in subsection (h) as
such factors relate to a 20-year forecast
period.
[(B) Mitigation activities.--
[(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
[(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
[(C) Financial plan.--A financial plan that
demonstrates how the adopted transportation
plan can be implemented, indicates resources
from public and private sources that are
reasonably expected to be made available to
carry out the plan, and recommends any
additional financing strategies for needed
projects and programs. The financial plan may
include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional
resources beyond those identified in the
financial plan were available. For the purpose
of developing the transportation plan, the
metropolitan planning organization, transit
operator, and State shall cooperatively develop
estimates of funds that will be available to
support plan implementation.
[(D) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
[(E) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs.
[(F) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities.
[(3) Coordination with Clean Air Act agencies.--In
metropolitan areas which are in nonattainment for ozone
or carbon monoxide under the Clean Air Act, the
metropolitan planning organization shall coordinate the
development of a transportation plan with the process
for development of the transportation control measures
of the State implementation plan required by the Clean
Air Act.
[(4) Consultation.--
[(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, and historic preservation
concerning the development of a long-range
transportation plan.
[(B) Issues.--The consultation shall involve,
as appropriate--
[(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
[(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.
[(5) Participation by interested parties.--
[(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, freight shippers,
providers of freight transportation services,
private providers of transportation,
representatives of users of public
transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled,
and other interested parties with a reasonable
opportunity to comment on the transportation
plan.
[(B) Contents of participation plan.--A
participation plan--
[(i) shall be developed in
consultation with all interested
parties; and
[(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
[(C) Methods.--In carrying out subparagraph
(A), the metropolitan planning organization
shall, to the maximum extent practicable--
[(i) hold any public meetings at
convenient and accessible locations and
times;
[(ii) employ visualization techniques
to describe plans; and
[(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
[(6) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
[(7) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(C).
[(j) Metropolitan TIP.--
[(1) Development.--
[(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the area for which the
organization is designated.
[(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
[(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
[(D) Updating and approval.--The TIP shall be
updated at least once every 4 years and shall
be approved by the metropolitan planning
organization and the Governor.
[(2) Contents.--
[(A) Priority list.--The TIP shall include a
priority list of proposed federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
[(B) Financial plan.--The TIP shall include a
financial plan that--
[(i) demonstrates how the TIP can be
implemented;
[(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
[(iii) identifies innovative
financing techniques to finance
projects, programs, and strategies; and
[(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
[(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
[(3) Included projects.--
[(A) Projects under this title and chapter 53
of title 49.--A TIP developed under this
subsection for a metropolitan area shall
include the projects within the area that are
proposed for funding under chapter 1 of this
title and chapter 53 of title 49.
[(B) Projects under chapter 2.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in one line item or identified
individually in the transportation
improvement program.
[(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
[(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
[(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
[(5) Selection of projects.--
[(A) In general.--Except as otherwise
provided in subsection (k)(4) and in addition
to the TIP development required under paragraph
(1), the selection of federally funded projects
in metropolitan areas shall be carried out,
from the approved TIP--
[(i) by--
[(I) in the case of projects
under this title, the State;
and
[(II) in the case of projects
under chapter 53 of title 49,
the designated recipients of
public transportation funding;
and
[(ii) in cooperation with the
metropolitan planning organization.
[(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
[(6) Selection of projects from illustrative list.--
[(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
[(B) Required action by the Secretary.--
Action by the Secretary shall be required for a
State or metropolitan planning organization to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved TIP.
[(7) Publication.--
[(A) Publication of TIPs.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
[(B) Publication of annual listings of
projects.--An annual listing of projects,
including investments in pedestrian walkways
and bicycle transportation facilities, for
which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the cooperative effort of the
State, transit operator, and metropolitan
planning organization for public review. The
listing shall be consistent with the categories
identified in the TIP.
[(k) Transportation Management Areas.--
[(1) Identification and designation.--
[(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
[(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
[(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
[(3) Congestion management process.--Within a
metropolitan planning area serving a transportation
management area, the transportation planning process
under this section shall address congestion management
through a process that provides for effective
management and operation, based on a cooperatively
developed and implemented metropolitan-wide strategy,
of new and existing transportation facilities eligible
for funding under this title and chapter 53 of title 49
through the use of travel demand reduction and
operational management strategies. The Secretary shall
establish an appropriate phase-in schedule for
compliance with the requirements of this section but no
sooner than 1 year after the identification of a
transportation management area.
[(4) Selection of projects.--
[(A) In general.--All federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under this title
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program) or under chapter 53 of
title 49 shall be selected for implementation
from the approved TIP by the metropolitan
planning organization designated for the area
in consultation with the State and any affected
public transportation operator.
[(B) National Highway System projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System and projects carried out within
such boundaries under the bridge program or the
Interstate maintenance program under this title
shall be selected for implementation from the
approved TIP by the State in cooperation with
the metropolitan planning organization
designated for the area.
[(5) Certification.--
[(A) In general.--The Secretary shall--
[(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
[(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
[(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
[(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
[(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
[(C) Effect of failure to certify.--
[(i) Withholding of project funds.--
If a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this title and chapter 53
of title 49.
[(ii) Restoration of withheld
funds.--The withheld funds shall be
restored to the metropolitan planning
area at such time as the metropolitan
planning process is certified by the
Secretary.
[(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
[(l) Abbreviated Plans for Certain Areas.--
[(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
[(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act.
[(m) Additional Requirements for Certain Nonattainment
Areas.--
[(1) In general.--Notwithstanding any other
provisions of this title or chapter 53 of title 49, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act, Federal funds may not be advanced in
such area for any highway project that will result in a
significant increase in the carrying capacity for
single-occupant vehicles unless the project is
addressed through a congestion management process.
[(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
[(n) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this title or chapter 53 of title 49.
[(o) Funding.--Funds set aside under section 104(f) of this
title or section 5305(g) of title 49 shall be available to
carry out this section.
[(p) Continuation of Current Review Practice.--Since plans
and TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
such Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under such
Act.
[Sec. 135. Statewide transportation planning
[(a) General Requirements.--
[(1) Development of plans and programs.--To
accomplish the objectives stated in section 134(a),
each State shall develop a statewide transportation
plan and a statewide transportation improvement program
for all areas of the State, subject to section 134.
[(2) Contents.--The statewide transportation plan and
the transportation improvement program developed for
each State shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the State and an integral part of an intermodal
transportation system for the United States.
[(3) Process of development.--The process for
developing the statewide plan and the transportation
improvement program shall provide for consideration of
all modes of transportation and the policies stated in
section 134(a), and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be
addressed.
[(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
[(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 134 for metropolitan areas of
the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
[(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
[(c) Interstate Agreements.--
[(1) In general.--The consent of Congress is granted
to two or more States entering into agreements or
compacts, not in conflict with any law of the United
States, for cooperative efforts and mutual assistance
in support of activities authorized under this section
related to interstate areas and localities in the
States and establishing authorities the States consider
desirable for making the agreements and compacts
effective.
[(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
[(d) Scope of Planning Process.--
[(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
[(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
[(B) increase the safety of the
transportation system for motorized and
nonmotorized users;
[(C) increase the security of the
transportation system for motorized and
nonmotorized users;
[(D) increase the accessibility and mobility
of people and freight;
[(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
[(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
[(G) promote efficient system management and
operation; and
[(H) emphasize the preservation of the
existing transportation system.
[(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title or
chapter 53 of title 49, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter
affecting a statewide transportation plan, the
transportation improvement program, a project or
strategy, or the certification of a planning process.
[(e) Additional Requirements.--In carrying out planning under
this section, each State shall consider, at a minimum--
[(1) with respect to nonmetropolitan areas, the
concerns of affected local officials with
responsibility for transportation;
[(2) the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
[(3) coordination of transportation plans, the
transportation improvement program, and planning
activities with related planning activities being
carried out outside of metropolitan planning areas and
between States.
[(f) Long-Range Statewide Transportation Plan.--
[(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
[(2) Consultation with governments.--
[(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 134.
[(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed in
consultation with affected nonmetropolitan
officials with responsibility for
transportation. The Secretary shall not review
or approve the consultation process in each
State.
[(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
[(D) Consultation, comparison, and
consideration.--
[(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State, tribal, and local agencies
responsible for land use management,
natural resources, environmental
protection, conservation, and historic
preservation.
[(ii) Comparison and consideration.--
Consultation under clause (i) shall
involve comparison of transportation
plans to State and tribal conservation
plans or maps, if available, and
comparison of transportation plans to
inventories of natural or historic
resources, if available.
[(3) Participation by interested parties.--
[(A) In general.--In developing the statewide
transportation plan, the State shall provide
citizens, affected public agencies,
representatives of public transportation
employees, freight shippers, private providers
of transportation, representatives of users of
public transportation, representatives of users
of pedestrian walkways and bicycle
transportation facilities, representatives of
the disabled, providers of freight
transportation services, and other interested
parties with a reasonable opportunity to
comment on the proposed plan.
[(B) Methods.--In carrying out subparagraph
(A), the State shall, to the maximum extent
practicable--
[(i) hold any public meetings at
convenient and accessible locations and
times;
[(ii) employ visualization techniques
to describe plans; and
[(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
[(4) Mitigation activities.--
[(A) In general.--A long-range transportation
plan shall include a discussion of potential
environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to restore and maintain the
environmental functions affected by the plan.
[(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
[(5) Financial plan.--The statewide transportation
plan may include a financial plan that demonstrates how
the adopted statewide transportation plan can be
implemented, indicates resources from public and
private sources that are reasonably expected to be made
available to carry out the plan, and recommends any
additional financing strategies for needed projects and
programs. The financial plan may include, for
illustrative purposes, additional projects that would
be included in the adopted statewide transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
[(6) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (5).
[(7) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system.
[(8) Publication of long-range transportation
plans.--Each long-range transportation plan prepared by
a State shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
[(g) Statewide Transportation Improvement Program.--
[(1) Development.--Each State shall develop a
statewide transportation improvement program for all
areas of the State. Such program shall cover a period
of 4 years and be updated every 4 years or more
frequently if the Governor elects to update more
frequently.
[(2) Consultation with governments.--
[(A) Metropolitan areas.--With respect to
each metropolitan area in the State, the
program shall be developed in cooperation with
the metropolitan planning organization
designated for the metropolitan area under
section 134.
[(B) Nonmetropolitan areas.--With respect to
each nonmetropolitan area in the State, the
program shall be developed in consultation with
affected nonmetropolitan local officials with
responsibility for transportation. The
Secretary shall not review or approve the
specific consultation process in the State.
[(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
[(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
[(4) Included projects.--
[(A) In general.--A transportation
improvement program developed under this
subsection for a State shall include federally
supported surface transportation expenditures
within the boundaries of the State.
[(B) Listing of projects.--An annual listing
of projects for which funds have been obligated
in the preceding year in each metropolitan
planning area shall be published or otherwise
made available by the cooperative effort of the
State, transit operator, and the metropolitan
planning organization for public review. The
listing shall be consistent with the funding
categories identified in each metropolitan
transportation improvement program.
[(C) Projects under chapter 2.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in one line item or identified
individually in the transportation
improvement program.
[(D) Consistency with statewide
transportation plan.--Each project shall be--
[(i) consistent with the statewide
transportation plan developed under
this section for the State;
[(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
[(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act, if the project is
carried out in an area designated as
nonattainment for ozone, particulate
matter, or carbon monoxide under such
Act.
[(E) Requirement of anticipated full
funding.--The transportation improvement
program shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
[(F) Financial plan.--The transportation
improvement program may include a financial
plan that demonstrates how the approved
transportation improvement program can be
implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
transportation improvement program, and
recommends any additional financing strategies
for needed projects and programs. The financial
plan may include, for illustrative purposes,
additional projects that would be included in
the adopted transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
[(G) Selection of projects from illustrative
list.--
[(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
[(ii) Required action by the
Secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved
transportation improvement program.
[(H) Priorities.--The transportation
improvement program shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by this title and chapter
53 of title 49.
[(5) Project selection for areas of less than 50,000
population.--Projects carried out in areas with
populations of less than 50,000 individuals shall be
selected, from the approved transportation improvement
program (excluding projects carried out on the National
Highway System and projects carried out under the
bridge program or the Interstate maintenance program
under this title or under sections 5310, 5311, 5316,
and 5317 of title 49), by the State in cooperation with
the affected nonmetropolitan local officials with
responsibility for transportation. Projects carried out
in areas with populations of less than 50,000
individuals on the National Highway System or under the
bridge program or the Interstate maintenance program
under this title or under sections 5310, 5311, 5316,
and 5317 of title 49 shall be selected, from the
approved statewide transportation improvement program,
by the State in consultation with the affected
nonmetropolitan local officials with responsibility for
transportation.
[(6) Transportation improvement program approval.--
Every 4 years, a transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary if based on a current
planning finding.
[(7) Planning finding.--A finding shall be made by
the Secretary at least every 4 years that the
transportation planning process through which statewide
transportation plans and programs are developed is
consistent with this section and section 134.
[(8) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved transportation
improvement program in place of another project in the
program.
[(h) Funding.--Funds set aside pursuant to section 104(f) of
this title and section 5305(g) of title 49, shall be available
to carry out this section.
[(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 134, and
sections 5303 and 5304 of title 49, State laws, rules, or
regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 134, and sections 5303 and 5304 of
title 49, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section and section 134 and sections 5303 and
5304 of title 49, as appropriate.
[(j) Continuation of Current Review Practice.--Since the
statewide transportation plan and the transportation
improvement program described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the statewide transportation plans and the
transportation improvement program are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation
improvement program described in this section have not been
reviewed under such Act as of January 1, 1997, any decision by
the Secretary concerning a metropolitan or statewide
transportation plan or the transportation improvement program
described in this section shall not be considered to be a
Federal action subject to review under such Act.
[Sec. 136. Control of junkyards
[(a) The Congress hereby finds and declares that the
establishment and use and maintenance of junkyards in areas
adjacent to the Interstate System and the primary system should
be controlled in order to protect the public investment in such
highways, to promote the safety and recreational value of
public travel, and to preserve natural beauty.
[(b) Federal-aid highway funds apportioned on or after
January 1, 1968, to any State which the Secretary determines
has not made provision for effective control of the
establishment and maintenance along the Interstate System and
the primary system of outdoor junkyards, which are within one
thousand feet of the nearest edge of the right-of-way and
visible from the main traveled way of the system, shall be
reduced by amounts equal to 10 per centum of the amounts which
would otherwise be apportioned to such State under section 104
of this title, until such time as such State shall provide for
such effective control. Any amount which is withheld from
apportionment to any State hereunder shall be reapportioned to
the other States. Whenever he determines it to be in the public
interest, the Secretary may suspend, for such periods as he
deems necessary, the application of this subsection to a State.
[(c) Effective control means that by January 1, 1968, such
junkyards shall be screened by natural objects, plantings,
fences, or other appropriate means so as not to be visible from
the main traveled way of the system, or shall be removed from
sight.
[(d) The term ``junk'' shall mean old or scrap copper, brass,
rope, rags, batteries, paper, trash, rubber debris, waste, or
junked, dismantled, or wrecked automobiles, or parts thereof,
iron, steel, and other old or scrap ferrous or nonferrous
material.
[(e) The term ``automobile graveyard'' shall mean any
establishment or place of business which is maintained, used,
or operated for storing, keeping, buying, or selling wrecked,
scrapped, ruined, or dismantled motor vehicles or motor vehicle
parts.
[(f) The term ``junkyard'' shall mean an establishment or
place of business which is maintained, operated, or used for
storing, keeping, buying, or selling junk, or for the
maintenance or operation of an automobile graveyard, and the
term shall include garbage dumps and sanitary fills.
[(g) Notwithstanding any provision of this section,
junkyards, auto graveyards, and scrap metal processing
facilities may be operated within areas adjacent to the
Interstate System and the primary system which are within one
thousand feet of the nearest edge of the right-of-way and which
are zoned industrial under authority of State law, or which are
not zoned under authority of State law, but are used for
industrial activities, as determined by the several States
subject to approval by the Secretary.
[(h) Notwithstanding any provision of this section, any
junkyard in existence on the date of enactment of this section
which does not conform to the requirements of this section and
which the Secretary finds as a practical matter cannot be
screened, shall not be required to be removed until July 1,
1970.
[(i) The Federal share of landscaping and screening costs
under this section shall be 75 per centum.
[(j) Just compensation shall be paid the owner for the
relocation, removal, or disposal of junkyards lawfully
established under State law. The Federal share of such
compensation shall be 75 per centum.
[(k) All public lands or reservations of the United States
which are adjacent to any portion of the interstate and primary
systems shall be effectively controlled in accordance with the
provisions of this section.
[(l) Nothing in this section shall prohibit a State from
establishing standards imposing stricter limitations with
respect to outdoor junkyards on the Federal-aid highway systems
than those established under this section.
[(m) There is authorized to be appropriated to carry out this
section, out of any money in the Treasury not otherwise
appropriated, not to exceed $20,000,000 for the fiscal year
ending June 30, 1966, not to exceed $20,000,000 for the fiscal
year ending June 30, 1967, not to exceed $3,000,000 for the
fiscal year ending June 30, 1970, not to exceed $3,000,000 for
the fiscal year ending June 30, 1971, not to exceed $3,000,000
for the fiscal year ending June 30, 1972, and not to exceed
$5,000,000 for the fiscal year ending June 30, 1973. The
provisions of this chapter relating to the obligation, period
of availability, and expenditure of Federal-aid primary highway
funds shall apply to the funds authorized to be appropriated to
carry out this section after June 30, 1967.]
Sec. 134. Metropolitan transportation planning
Metropolitan transportation planning programs funded under
section 104(f) shall be carried out in accordance with the
metropolitan planning provisions of section 5203 of title 49.
Sec. 135. Statewide transportation planning
Statewide transportation planning programs funded under
sections 104(f) and 505 shall be carried out in accordance with
the metropolitan planning provisions of section 5204 of title
49.
Sec. 137. Fringe and corridor parking facilities
(a) The Secretary may approve as a project on a Federal-aid
highway the acquisition of land adjacent to the right-of-way
outside a central business district, as defined by the
Secretary, and the construction of publicly owned parking
facilities thereon or within such right-of-way, including the
use of the air space above and below the established grade line
of the highway pavement, to serve an urban area of fifty
thousand population or more. Such parking facility shall be
located and designed in conjunction with existing or planned
public transportation facilities. In the event fees are charged
for the use of any such facility, the rate thereof shall not be
in excess of that required for maintenance and operation
(including compensation to any person for operating such
facility). The addition of electric vehicle charging stations
to new or previously funded parking facilities shall be
eligible for funding under this section.
* * * * * * *
Sec. 138. Preservation of parklands
(a) Declaration of Policy.--It is declared to be the national
policy that special effort should be made to preserve the
natural beauty of the countryside and public park and
recreation lands, wildlife and waterfowl refuges, and historic
sites. The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and Urban
Development, and Agriculture, and with the States in developing
transportation plans and programs that include measures to
maintain or enhance the natural beauty of the lands traversed.
After the effective date of the Federal-Aid Highway Act of
1968, the Secretary shall not approve any program or project
(other than any project for a [park road or parkway under
section 204 of this title] Federal lands transportation
facility under section 203) which requires the use of any
publicly owned land from a public park, recreation area, or
wildlife and waterfowl refuge of national, State, or local
significance as determined by the Federal, State, or local
officials having jurisdiction thereof, or any land from an
historic site of national, State, or local significance as so
determined by such officials unless (1) there is no feasible
and prudent alternative to the use of such land, and (2) such
program includes all possible planning to minimize harm to such
park, recreational area, wildlife and waterfowl refuge, or
historic site resulting from such use. In carrying out the
national policy declared in this section the Secretary, in
cooperation with the Secretary of the Interior and appropriate
State and local officials, is authorized to conduct studies as
to the most feasible Federal-aid routes for the movement of
motor vehicular traffic through or around national parks so as
to best serve the needs of the traveling public while
preserving the natural beauty of these areas.
* * * * * * *
(c) Elimination of Duplication for Historic Sites and
Properties.--The requirements of this section shall be
considered to be satisfied for an historic site or property
where its treatment has been agreed upon in a memorandum of
agreement by invited and mandatory signatories, including the
Advisory Council on Historic Preservation, if participating, in
accordance with section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
Sec. 139. Efficient environmental reviews for project decisionmaking
(a) * * *
(b) Applicability.--
(1) * * *
(2) Flexibility.--Any authorities granted in this
section may be exercised, and any requirements
established in this section may be satisfied, for a
project, class of projects, or program of projects.
(3) Funding threshold.--The Secretary's approval of a
project receiving funds under this title or under
chapter 53 of title 49 shall not be considered a
Federal action for the purposes of the National
Environmental Policy Act of 1969 if such funds--
(A) constitute 15 percent or less of the
total estimated project costs; or
(B) are less than $10,000,000.
(4) Programmatic compliance.--At the request of a
State, the Secretary may modify the procedures
developed under this section to encourage programmatic
approaches and strategies with respect to environmental
programs and permits (in lieu of project-by-project
reviews).
(c) Lead Agencies.--
(1) Federal lead agency.--The Department of
Transportation shall be the Federal lead agency in the
environmental review process for a project. If the
project requires approval from more than one modal
administration within the Department, the Secretary
shall designate a single modal administration to serve
as the Federal lead agency for the Department in the
environmental review process for the project.
* * * * * * *
(3) Project sponsor as joint lead agency.--Any
project sponsor that is a State or local governmental
entity receiving funds under this title or chapter 53
of title 49 or other approvals by the Secretary for the
project shall serve as a joint lead agency with the
Department for purposes of preparing any environmental
document under the National Environmental Policy Act of
1969 and may prepare any such environmental document
required in support of any action or approval by the
Secretary if the Federal lead agency furnishes guidance
in such preparation and independently evaluates such
document and the document is approved and adopted by
the Secretary prior to the Secretary taking any
subsequent action or making any approval based on such
document, whether or not the Secretary's action or
approval results in Federal funding.
* * * * * * *
[(5) Adoption and use of documents.--Any
environmental document prepared in accordance with this
subsection may be adopted or used by any Federal agency
making any approval to the same extent that such
Federal agency could adopt or use a document prepared
by another Federal agency.]
(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection
shall be adopted and used by any Federal agency in
making any approval of a project subject to this
section as the document required to be completed under
the National Environmental Policy Act of 1969.
* * * * * * *
(d) Participating Agencies.--
(1) * * *
* * * * * * *
[(4) Effect of designation.--Designation as a
participating agency under this subsection shall not
imply that the participating agency--
[(A) supports a proposed project; or
[(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the
project.]
(4) Effect of designation.--
(A) Requirement.--A participating agency
shall comply with the requirements of this
section and any schedule established under this
section.
(B) Implication.--Designation as a
participating agency under this subsection
shall not imply that the participating agency--
(i) supports a proposed project; or
(ii) has any jurisdiction over, or
special expertise with respect to
evaluation of, the project.
* * * * * * *
[(7) Concurrent reviews.--Each Federal agency shall,
to the maximum extent practicable--
[(A) carry out obligations of the Federal
agency under other applicable law concurrently,
and in conjunction, with the review required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), unless doing so
would impair the ability of the Federal agency
to carry out those obligations; and
[(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the
agency to ensure completion of the
environmental review process in a timely,
coordinated, and environmentally responsible
manner.]
(7) Concurrent reviews.--Each participating agency
and cooperating agency shall--
(A) carry out obligations of that agency
under other applicable law concurrently, and in
conjunction, with the review required under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the
agency to ensure completion of the
environmental review process in a timely,
coordinated, and environmentally responsible
manner.
(e) Project Initiation.--The project sponsor shall notify the
Secretary of the type of work, termini, length and general
location of the proposed project, together with a statement of
any Federal approvals anticipated to be necessary for the
proposed project, for the purpose of informing the Secretary
that the environmental review process should be initiated. The
project sponsor may satisfy this requirement by submitting to
the Secretary a draft notice for publication in the Federal
Register announcing the preparation of an environmental impact
statement for the project.
(f) Purpose and Need.--
(1) * * *
* * * * * * *
(4) Alternatives analysis.--
(A) * * *
[(B) Range of alternatives.--Following
participation under paragraph (1), the lead
agency shall determine the range of
alternatives for consideration in any document
which the lead agency is responsible for
preparing for the project.]
(B) Range of alternatives.--
(i) In general.--Following
participation under paragraph (1), the
lead agency shall determine the range
of alternatives for consideration in
any document which the lead agency is
responsible for preparing for the
project.
(ii) Limitation.--The range of
alternatives shall be limited to
alternatives that are--
(I) consistent with the
transportation mode and general
design of the project described
in the long-range
transportation plan or
transportation improvement
program prepared pursuant to
section 5203 or 5204 of title
49; and
(II) consistent with the
funding identified for the
project under the fiscal
constraint requirements of
section 5203 or 5204 of title
49.
(iii) Restriction.--A Federal agency
may not require the evaluation of any
alternative that was evaluated, but not
adopted--
(I) in any prior State or
Federal environmental document
with regard to the applicable
long-range transportation plan
or transportation improvement
program; or
(II) after the preparation of
a programmatic or tiered
environmental document that
evaluated alternatives to the
project.
(iv) Legal sufficiency.--The
evaluation of the range of alternatives
shall be deemed legally sufficient if
the environmental document complies
with the requirements of this
paragraph.
[(C) Methodologies.--The lead agency]
(C) Methodologies.--
(i) In general.--The lead agency also
shall determine, [in collaboration with
participating agencies at appropriate
times during the study process] after
consultation with participating
agencies as part of the scoping
process, the methodologies to be used
and the level of detail required in the
analysis of each alternative for a
project.
(ii) Comments.--Each participating
agency shall limit comments on such
methodologies to those issues that are
within the authority and expertise of
such participating agency.
(iii) Studies.--The lead agency may
not conduct studies proposed by any
participating agency that are not
within the authority or expertise of
such participating agency.
* * * * * * *
(E) Limitations on the evaluation of impacts
evaluated in prior environmental documents.--
(i) In general.--The lead agency may
not reevaluate, and a Federal agency
may not require the reevaluation of,
cumulative impacts or growth-inducing
impacts where such impacts were
previously evaluated in--
(I) a long-range
transportation plan or
transportation improvement
program developed pursuant to
section 5203 or 5204 of title
49;
(II) a prior environmental
document approved by the
Secretary; or
(III) a prior State
environmental document approved
pursuant to a State law that is
substantially equivalent to
section 102(2)(C) of the
National Environmental Policy
Act of 1969 (42 U.S.C.
4332(2)(C)).
(ii) Legal sufficiency.--The
evaluation of cumulative impacts and
growth inducing impacts shall be deemed
legally sufficient if the environmental
document complies with the requirements
of this paragraph.
(5) Effective decisionmaking.--
(A) Concurrence.--At the discretion of the
lead agency, a participating agency shall be
presumed to concur in the determinations made
by the lead agency under this subsection unless
the participating agency submits an objection
to the lead agency in writing within 30 days
after receiving notice of the lead agency's
determination and specifies the statutory basis
for the objection.
(B) Adoption of determination.--If the
participating agency concurs or does not object
within the 30-day period, the participating
agency shall adopt the lead agency's
determination for purposes of any reviews,
approvals, or other actions taken by the
participating agency as part of the
environmental review process for the project.
(g) Coordination and Scheduling.--
(1) Coordination plan.--
(A) In general.--The lead agency shall
establish a plan for coordinating public and
agency participation in and comment on the
environmental review process for a [project or
category of projects] project, category of
projects, or program of projects. The
coordination plan may be incorporated into a
memorandum of understanding.
* * * * * * *
[(3) Deadlines for decisions under other laws.--In
any case in which a decision under any Federal law
relating to a project (including the issuance or denial
of a permit or license) is required to be made by the
later of the date that is 180 days after the date on
which the Secretary made all final decisions of the
lead agency with respect to the project, or 180 days
after the date on which an application was submitted
for the permit or license, the Secretary shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
[(A) as soon as practicable after the 180-day
period, an initial notice of the failure of the
Federal agency to make the decision; and
[(B) every 60 days thereafter until such date
as all decisions of the Federal agency relating
to the project have been made by the Federal
agency, an additional notice that describes the
number of decisions of the Federal agency that
remain outstanding as of the date of the
additional notice.
[(4) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for
public comment in the environmental review process
under existing Federal law, including a regulation.]
(3) Deadlines for decisions under other laws.--
(A) Prior approval deadline.--If a
participating agency is required to make a
determination regarding or otherwise approve or
disapprove the project prior to the record of
decision or finding of no significant impact of
the lead agency, such participating agency
shall make such determination or approval not
later than 30 days after the lead agency
publishes notice of the availability of a final
environmental impact statement or other final
environmental document, or not later than such
other date that is otherwise required by law,
whichever occurs first.
(B) Other deadlines.--With regard to any
determination or approval of a participating
agency that is not subject to subparagraph (A),
each participating agency shall make any
required determination regarding or otherwise
approve or disapprove the project not later
than 90 days after the date that the lead
agency approves the record of decision or
finding of no significant impact for the
project, or not later than such other date that
is otherwise required by law, whichever occurs
first.
(C) Deemed approved.--In the event that any
participating agency fails to make a
determination or approve or disapprove the
project within the applicable deadline
described in subparagraphs (A) and (B), the
project shall be deemed approved by such
participating agency, and such approval shall
be deemed to comply with the applicable
requirements of Federal law.
(D) Judicial review.--
(i) In general.--An approval of a
project under subparagraph (C) shall
not be subject to judicial review.
(ii) Written finding.--The Secretary
may issue a written finding verifying
the approval made in accordance with
this paragraph.
(h) Issue Identification and Resolution.--
(1) * * *
* * * * * * *
(4) Issue resolution.--
(A) * * *
* * * * * * *
(C) Resolution final.--
(i) In general.--The lead agency and
participating agencies may not
reconsider the resolution of any issue
agreed to by the relevant agencies in a
meeting under subparagraph (A).
(ii) Compliance with applicable
law.--Any such resolution shall be
deemed to comply with applicable law
notwithstanding that the agencies
agreed to such resolution prior to the
approval of the environmental document.
(i) Streamlined Documentation and Decisionmaking.--
(1) In general.--The lead agency in the environmental
review process for a project, in order to reduce
paperwork and expedite decisionmaking, shall prepare a
condensed final environmental impact statement.
(2) Condensed format.--A condensed final
environmental impact statement for a project in the
environmental review process shall consist only of--
(A) an incorporation by reference of the
draft environmental impact statement;
(B) any updates to specific pages or sections
of the draft environmental impact statement as
appropriate; and
(C) responses to comments on the draft
environmental impact statement and copies of
the comments.
(3) Timing of decision.--Notwithstanding any other
provision of law, in conducting the environmental
review process for a project, the lead agency shall
combine a final environmental impact statement and a
record of decision for the project into a single
document if--
(A) the alternative approved in the record of
decision is either a preferred alternative that
was identified in the draft environmental
impact statement or is a modification of such
preferred alternative that was developed in
response to comments on the draft environmental
impact statement;
(B) the Secretary has received a
certification from a State under section 128,
if such a certification is required for the
project; and
(C) the Secretary determines that the lead
agency, participating agency, or the project
sponsor has committed to implement the measures
applicable to the approved alternative that are
identified in the final environmental impact
statement.
(j) Supplemental Environmental Review and Re-Evaluation.--
(1) Supplemental environmental review.--After the
approval of a record of decision or finding of no
significant impact with regard to a project, an agency
may not require the preparation of a subsequent
environmental document for such project unless the lead
agency determines that--
(A) changes to the project will result in new
significant impacts that were not evaluated in
the environmental document; or
(B) new information has become available or
changes in circumstances have occurred after
the lead agency approval of the project that
will result in new significant impacts that
were not evaluated in the environmental
document.
(2) Re-evaluations.--The Secretary may only require
the re-evaluation of a document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) if--
(A) the Secretary determines that the events
in paragraph (1)(A) or (1)(B) apply; and
(B) more than 5 years has elapsed since the
Secretary's prior approval of the project or
authorization of project funding.
(3) Change to record of decision.--After the approval
of a record of decision, the Secretary may not require
the record of decision to be changed solely because of
a change in the fiscal circumstances surrounding the
project.
[(i)] (k) Performance Measurement.--The Secretary shall
establish a program to measure and report on progress toward
improving and expediting the planning and environmental review
process.
[(j)] (l) Assistance to Affected State and Federal
Agencies.--
(1) * * *
* * * * * * *
(3) [Use of federal lands highway funds] Use of
tribal transportation program and Federal Lands
transportation program funds.--The Secretary may also
use funds made available under [section 204] sections
202 and 203 for a project for the purposes specified in
this subsection with respect to the environmental
review process for the project.
* * * * * * *
[(k) Judicial Review and Savings Clause.--
[(1) Judicial review.--Except as set forth under
subsection (l), nothing in this section shall affect
the reviewability of any final Federal agency action in
a court of the United States or in the court of any
State.
[(2) Savings clause.--Nothing in this section shall
be construed as superseding, amending, or modifying the
National Environmental Policy Act of 1969 or any other
Federal environmental statute or affect the
responsibility of any Federal officer to comply with or
enforce any such statute.
[(3) Limitations.--Nothing in this section shall
preempt or interfere with--
[(A) any practice of seeking, considering, or
responding to public comment; or
[(B) any power, jurisdiction, responsibility,
or authority that a Federal, State, or local
government agency, metropolitan planning
organization, Indian tribe, or project sponsor
has with respect to carrying out a project or
any other provisions of law applicable to
projects, plans, or programs.]
(m) Regulations.--
(1) In general.--Not later than 1 year after the date
of enactment of the American Energy and Infrastructure
Jobs Act of 2012, the Secretary, by regulation, shall--
(A) implement this section; and
(B) establish methodologies and procedures
for evaluating the environmental impacts,
including cumulative impacts and growth-
inducing impacts, of transportation projects
subject to this section.
(2) Compliance with applicable law.--Any
environmental document that utilizes the methodologies
and procedures established under this subsection shall
be deemed to comply with the applicable requirements
of--
(A) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or its
implementing regulations; or
(B) any other Federal environmental statute
applicable to transportation projects.
[(l)] (n) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking
judicial review of a permit, license, or approval
issued by a Federal agency for a highway or public
transportation capital project shall be barred unless
it is filed within [180 days] 90 days after publication
of a notice in the Federal Register announcing that the
permit, license, or approval is final pursuant to the
law under which the agency action is taken, unless a
shorter time is specified in the Federal law pursuant
to which judicial review is allowed. Nothing in this
subsection shall create a right to judicial review or
place any limit on filing a claim that a person has
violated the terms of a permit, license, or approval.
[(2) New information.--The Secretary shall consider
new information received after the close of a comment
period if the information satisfies the requirements
for a supplemental environmental impact statement under
section 771.130 of title 23, Code of Federal
Regulations. The preparation of a supplemental
environmental impact statement when required shall be
considered a separate final agency action and the
deadline for filing a claim for judicial review of such
action shall be 180 days after the date of publication
of a notice in the Federal Register announcing such
action.]
(2) New information.--The preparation of a
supplemental environmental impact statement or other
environmental document when required by this section
shall be considered a separate final agency action and
the deadline for filing a claim for judicial review of
such action shall be 90 days after the date of
publication of a notice in the Federal Register
announcing such action.
(o) Limitations on Judicial Relief.--Notwithstanding any
other provision of law, the following limitations shall apply
to actions brought before a court in connection with a project
under this section:
(1) Venue for any action shall be where the project
is located.
(2) A specific property interest impacted by the
transportation project in question must exist in order
to have standing to bring an action.
(3) No action may be commenced by any person alleging
a violation of--
(A) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), chapters 5 and 7
of title 5, or any other Federal law applicable
to the evaluation, avoidance, or mitigation of
environmental impacts of the project if such
Federal law is identified in the draft
environmental impact statement, unless such
person provided written notice to the lead
agency of the alleged violation of law, and the
facts supporting such claim, during the public
comment period on the draft environmental
impact statement; or
(B) any other law with regard to the project
unless such person provided written notice to
the applicable approving agency of the alleged
violation of law, and the facts supporting such
claim, during the public comment period on such
agency approval.
(4) Elected or appointed officials working for the
Government or a State government may not be named in
their individual capacities in an action if they are
acting within the scope of their official duties.
* * * * * * *
Sec. 142. Public transportation
(a)(1) To encourage the development, improvement, and use of
public mass transportation systems operating motor vehicles
(other than on rail) on Federal-aid highways for the
transportation of passengers (hereafter in this section
referred to as ``buses''), so as to increase the traffic
capacity of the Federal-aid systems for the movement of
persons, the Secretary may approve as a project on any Federal-
aid system the construction of exclusive or preferential high
occupancy vehicle lanes, highway traffic control devices, bus
passenger loading areas and facilities (including shelters),
and fringe and transportation corridor parking facilities
(which may include electric vehicle charging stations) to serve
high occupancy vehicle and public mass transportation
passengers, and sums apportioned under section 104(b) of this
title shall be available to finance the cost of projects under
this paragraph. If fees are charged for the use of any parking
facility constructed under this section, the rate thereof shall
not be in excess of that required for maintenance and operation
of the facility and the cost of providing shuttle service to
and from the facility (including compensation to any person for
operating the facility and for providing such shuttle service).
* * * * * * *
[Sec. 144. Highway bridge program
[(a) Finding and Declaration.--Congress finds and declares
that it is in the vital interest of the United States that a
highway bridge program be carried out to enable States to
improve the condition of their highway bridges over waterways,
other topographical barriers, other highways, and railroads
through replacement and rehabilitation of bridges that the
States and the Secretary determine are structurally deficient
or functionally obsolete and through systematic preventive
maintenance of bridges.
[(b) The Secretary, in consultation with the States, shall
(1) inventory all those highway bridges on any Federal-aid
highway which are bridges over waterways, other topographical
barriers, other highways, and railroads; (2) classify them
according to serviceability, safety, and essentiality for
public use; (3) based on that classification, assign each a
priority for replacement or rehabilitation; and (4) determine
the cost of replacing each such bridge with a comparable
facility or of rehabilitating such bridge.
[(c)(1) The Secretary, in consultation with the States, shall
(1) inventory all those highway bridges on public roads, other
than those on any Federal-aid highway, which are bridges over
waterways, other topographical barriers, other highways, and
railroads, (2) classify them according to serviceability,
safety, and essentiality for public use, (3) based on the
classification, assign each a priority for replacement or
rehabilitation and (4) determine the cost of replacing each
such bridge with a comparable facility or of rehabilitating
such bridge.
[(2) The Secretary may, at the request of a State, inventory
bridges, on and off Federal-aid highways, for historic
significance.
[(3) Inventory of Indian reservation and park bridges.--As
part of the activities carried out under paragraph (1), the
Secretary, in consultation with the Secretary of the Interior,
shall (A) inventory all those highway bridges on Indian
reservation roads and park roads which are bridges over
waterways, other topographical barriers, other highways, and
railroads, (B) classify them according to serviceability,
safety, and essentiality for public use, (C) based on the
classification, assign each a priority for replacement or
rehabilitation, and (D) determine the cost of replacing each
such bridge with a comparable facility or of rehabilitating
such bridge.
[(d) Participation.--
[(1) Bridge replacement and rehabilitation.--On
application by a State or States to the Secretary for
assistance for a highway bridge that has been
determined to be eligible for replacement or
rehabilitation under subsection (b) or (c), the
Secretary may approve Federal participation in--
[(A) replacing the bridge with a comparable
facility; or
[(B) rehabilitating the bridge.
[(2) Types of assistance.--On application by a State
or States to the Secretary, the Secretary may approve
Federal assistance for any of the following activities
for a highway bridge that has been determined to be
eligible for replacement or rehabilitation under
subsection (b) or (c):
[(A) Painting.
[(B) Seismic retrofit.
[(C) Systematic preventive maintenance.
[(D) Installation of scour countermeasures.
[(E) Application of calcium magnesium
acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive
anti-icing and de-icing compositions.
[(3) Basis for determination.--The Secretary shall
determine the eligibility of highway bridges for
replacement or rehabilitation for each State based on
structurally deficient and functionally obsolete
highway bridges in the State.
[(4) Special rule for systematic preventive
maintenance.--Notwithstanding any other provision of
this subsection, a State may carry out a project under
paragraph (2)(B), (2)(C), or (2)(D) for a highway
bridge without regard to whether the bridge is eligible
for replacement or rehabilitation under this section.
[(e) Funds authorized to carry out this section shall be
apportioned among the several States on October 1 of the fiscal
year for which authorized in accordance with this subsection.
Each deficient bridge shall be placed into one of the following
categories: (1) Federal-aid highway bridges eligible for
replacement, (2) Federal-aid highway bridges eligible for
rehabilitation, (3) bridges not on Federal-aid highways
eligible for replacement, and (4) bridges not on Federal- aid
highways eligible for rehabilitation. The deck area of
deficient bridges in each category shall be multiplied by the
respective unit price on a State-by-State basis, as determined
by the Secretary; and the total cost in each State divided by
the total cost of the deficient bridges in all States shall
determine the apportionment factors. For purposes of the
preceding sentence, if a State transfers funds apportioned to
the State under this section in a fiscal year beginning after
September 30, 1997, to any other apportionment of funds to such
State under this title, the total cost of deficient bridges in
such State and in all States to be determined for the
succeeding fiscal year shall be reduced by the amount of such
transferred funds. No State shall receive more than 10 per
centum or less than 0.25 per centum of the total apportionment
for any one fiscal year. The Secretary shall make these
determinations based upon the latest available data, which
shall be updated annually. Funds apportioned under this section
shall be available for expenditure for the period specified in
section 118(b)(2). Any funds not obligated at the expiration of
such period shall be reapportioned by the Secretary to the
other States in accordance with this subsection. The use of
funds authorized under this section to carry out a project for
the seismic retrofit of a bridge shall not affect the
apportionment of funds under this section.
[(f) Bridge Set-asides.--
[(1) Designated projects.--
[(A) In general.--Of the amounts authorized
to be appropriated to carry out the bridge
program under this section for each of the
fiscal years 2006 through 2009, all but
$100,000,000 shall be apportioned as provided
in subsection (e). Such $100,000,000 shall be
available as follows:
[(i) $12,500,000 per fiscal year for
the Golden Gate Bridge.
[(ii) $18,750,000 per fiscal year for
the construction of a bridge joining
the Island of Gravina to the community
of Ketchikan in Alaska.
[(iii) $12,500,000 per fiscal year to
the State of Nevada for construction of
a replacement of the federally owned
bridge over the Hoover Dam in the Lake
Mead National Recreation Area.
[(iv) $12,500,000 per fiscal year to
the State of Missouri for construction
of a structure over the Mississippi
River to connect the City of St. Louis,
Missouri, to the State of Illinois.
[(v) $12,500,000 per fiscal year for
replacement and reconstruction of State
maintained bridges in the State of
Oklahoma.
[(vi) $4,500,000 per fiscal year for
replacement of the Missisquoi Bay
Bridge and the removal of the
Missisquoi Bay causeway, Vermont.
[(vii) $8,000,000 per fiscal year for
replacement and reconstruction of
State-maintained bridges in the State
of Vermont.
[(viii) $8,750,000 per fiscal year
for design, planning, and right-of-way
acquisition for the Interstate Route 74
bridge from Bettendorf, Iowa, to
Moline, Illinois.
[(ix) $10,000,000 per fiscal year for
replacement and reconstruction of
State-maintained bridges in the State
of Oregon.
[(B) Gravina access scoring.--The project
described in subparagraph (A)(ii) shall not be
counted for purposes of the reduction set forth
in the fourth sentence of subsection (e).
[(C) Period of availability.--Amounts made
available to a State under this paragraph shall
remain available until expended.
[(2) Bridges not on Federal-aid highways.--
[(A) In general.--Not less than 15 percent of
the amount apportioned to each State in each of
fiscal years 2005 through 2009 shall be
expended for projects to replace, rehabilitate,
paint, perform systematic preventive
maintenance or seismic retrofit of, or apply
calcium magnesium acetate, sodium acetate/
formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing
compositions to, or install scour
countermeasures to, highway bridges located on
public roads, other than those on a Federal-aid
highway, or to complete the Warwick Intermodal
Station (including the construction of a people
mover between the Station and the T.F. Green
Airport).
[(B) Reduction of expenditures.--The
Secretary, after consultation with State and
local officials, may reduce the requirement for
expenditure for bridges not on a Federal-aid
highway under subparagraph (A) with respect to
the State if the Secretary determines that the
State has inadequate needs to justify the
expenditure.
[(g) Notwithstanding any other provision of law, the General
Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges
authorized to be replaced, in whole or in part, by this
section, except that subsection (b) of section 502 of such Act
of 1946 and section 9 of the Act of March 3, 1899 (30 Stat.
1151) shall not apply to any bridge constructed, reconstructed,
rehabilitated, or replaced with assistance under this title, if
such bridge is over waters (1) which are not used and are not
susceptible to use in their natural condition or by reasonable
improvement as a means to transport interstate or foreign
commerce, and (2) which are (a) not tidal, or (b) if tidal,
used only by recreational boating, fishing, and other small
vessels less than 21 feet in length.
[(h) Inventories and Reports.--The Secretary shall--
[(1) report to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on projects approved under this
section;
[(2) annually revise the current inventories
authorized by subsections (b) and (c) of this section;
[(3) report to such committees on such inventories;
and
[(4) report to such committees such recommendations
as the Secretary may have for improvements of the
program authorized by this section.
Such reports shall be submitted to such committees biennially.
[(i) Sums apportioned to a State under this section shall be
made available for obligation throughout such State on a fair
and equitable basis.
[(j) Not later than six months after the date of enactment of
this subsection, and periodically thereafter, the Secretary
shall review the procedure used in approving or disapproving
applications submitted under this section to determine what
changes, if any, may be made to expedite such procedure. Any
such changes shall be implemented by the Secretary as soon as
possible. Not later than nine months after the date of
enactment of this subsection, the Secretary shall submit a
report to Congress which describes such review and such
changes, including any recommendations for legislative changes.
[(k) Notwithstanding any other provision of law, any bridge
which is owned and operated by an agency (1) which does not
have taxing powers, (2) whose functions include operating a
federally assisted public transit system subsidized by toll
revenues, shall be eligible for assistance under this section
but the amount of such assistance shall in no event exceed the
cumulative amount which such agency has expended for capital
and operating costs to subsidize such transit system. Before
authorizing an expenditure of funds under this subsection, the
Secretary shall determine that the applicant agency has
insufficient reserves, surpluses, and projected revenues (over
and above those required for bridge and transit capital and
operating costs) to fund the necessary bridge replacement or
rehabilitation project. Any non-Federal funds expended for the
seismic retrofit of the bridge may be credited toward the non-
Federal share required as a condition of receipt of any Federal
funds for seismic retrofit of the bridge made available after
the date of the expenditure.
[(l) Replacement of Destroyed Bridges and Ferryboat
Service.--
[(1) General rule.--Notwithstanding any other
provision of this section or of any other provision of
law, a State may utilize any of the funds provided
under this section to construct any bridge which--
[(A) replaces any low water crossing
(regardless of the length of such low water
crossing),
[(B) replaces any bridge which was destroyed
prior to 1965,
[(C) replaces any ferry which was in
existence on January 1, 1984, or
[(D) replaces any road bridges rendered
obsolete as a result of United States Corps of
Engineers flood control or channelization
projects and not rebuilt with funds from the
United States Corps of Engineers.
[(2) Federal share.--The Federal share payable on any
bridge construction carried out under paragraph (1)
shall be 80 percent of the cost of such construction.
[(m) Program for Bridges Not on Federal-Aid Highways.--
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge which is wholly funded
from State and local sources, is eligible for Federal funds
under this section, is noncontroversial, is certified by the
State to have been carried out in accordance with all standards
applicable to such projects under this section, and is
determined by the Secretary upon completion to be no longer a
deficient bridge, any amount expended after the date of the
enactment of this subsection from State and local sources for
such project in excess of 20 percent of the cost of
construction thereof may be credited to the non-Federal share
of the cost of the projects in such State which are eligible
for Federal funds under this section. Such crediting shall be
in accordance with such procedures as the Secretary may
establish.
[(n) Historic Bridge Program.--
[(1) Coordination.--The Secretary shall, in
cooperation with the States, implement the programs
described in this section in a manner that encourages
the inventory, retention, rehabilitation, adaptive
reuse, and future study of historic bridges.
[(2) State inventory.--The Secretary shall require
each State to complete an inventory of all bridges on
and off Federal-aid highways to determine their
historic significance.
[(3) Eligibility.--Reasonable costs associated with
actions to preserve, or reduce the impact of a project
under this chapter on, the historic integrity of
historic bridges shall be eligible as reimbursable
project costs under this title (including this section)
if the load capacity and safety features of the bridge
are adequate to serve the intended use for the life of
the bridge; except that in the case of a bridge which
is no longer used for motorized vehicular traffic, the
costs eligible as reimbursable project costs pursuant
to this subsection shall not exceed the estimated cost
of demolition of such bridge.
[(4) Preservation.--Any State which proposes to
demolish a historic bridge for a replacement project
with funds made available to carry out this section
shall first make the bridge available for donation to a
State, locality, or responsible private entity if such
State, locality, or responsible entity enters into an
agreement to--
[(A) maintain the bridge and the features
that give it its historic significance; and
[(B) assume all future legal and financial
responsibility for the bridge, which may
include an agreement to hold the State
transportation department harmless in any
liability action.
Costs incurred by the State to preserve the historic
bridge, including funds made available to the State,
locality, or private entity to enable it to accept the
bridge, shall be eligible as reimbursable project costs
under this chapter up to an amount not to exceed the
cost of demolition. Any bridge preserved pursuant to
this paragraph shall thereafter not be eligible for any
other funds authorized pursuant to this title.
[(5) Historic bridge defined.--As used in this
subsection, ``historic bridge'' means any bridge that
is listed on, or eligible for listing on, the National
Register of Historic Places.
[(o) Applicability of State Standards for Projects.--A
project not on a Federal-aid highway under this section shall
be designed, constructed, operated, and maintained in
accordance with State laws, regulations, directives, safety
standards, design standards, and construction standards.
[(p) As used in this section the term ``rehabilitate'' in any
of its forms means major work necessary to restore the
structural integrity of a bridge as well as work necessary to
correct a major safety defect.
[(q) Annual Materials Report on New Bridge Construction and
Bridge Rehabilitation.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Secretary shall publish in the Federal Register a report
describing construction materials used in new Federal-aid
bridge construction and bridge rehabilitation projects.
[(r) Federal Share.--
[(1) In general.--Except as provided under paragraph
(2), the Federal share of the cost of a project payable
from funds made available to carry out this section
shall be determined under section 120(b).
[(2) Interstate system.--The Federal share of the
cost of a project on the Interstate System payable from
funds made available to carry out this section shall be
determined under section 120(a).]
* * * * * * *
Sec. 147. Construction of ferry boats and ferry terminal facilities
(a) * * *
(b) Federal Share.--The Federal share of the cost of
construction of [ferry boats, ferry terminals, and ferry
maintenance facilities] ferry boats and ferry terminals under
this section shall be 80 percent.
[(c) Allocation of Funds.--The Secretary shall give priority
in the allocation of funds under this section to those ferry
systems, and public entities responsible for developing
ferries, that--
[(1) provide critical access to areas that are not
well-served by other modes of surface transportation;
[(2) carry the greatest number of passengers and
vehicles; or
[(3) carry the greatest number of passengers in
passenger-only service.
[(d) Set-Aside for Projects on NHS.--
[(1) In general.--$20,000,000 of the amount made
available to carry out this section for each of fiscal
years 2005 through 2009 shall be obligated for the
construction or refurbishment of ferry boats and ferry
terminal facilities and approaches to such facilities
within marine highway systems that are part of the
National Highway System.
[(2) Alaska.--$10,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of Alaska.
[(3) New jersey.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of New Jersey.
[(4) Washington.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of Washington.
[(e) Period of Availability.--Notwithstanding section 118(b),
funds made available to carry out this section shall remain
available until expended.]
(c) Apportionment of Funds.--The Secretary shall apportion
the sums authorized to be appropriated for expenditure on the
construction of ferry boats and ferry terminal facilities for
each fiscal year among eligible States in the following manner:
(1) 35 percent based on the total annual number of
vehicles carried by ferry systems operating in each
eligible State.
(2) 35 percent based on the total annual number of
passengers (including passengers in vehicles) carried
by ferry systems operating in each eligible State.
(3) 30 percent based on the total nautical route
miles serviced by ferry systems operating in each
eligible State.
(d) Eligible State Defined.--In this section, the term
``eligible State'' means a State that has a ferry system
operating in the State or between the State and another State.
[(f)] (e) Applicability.--All provisions of this chapter that
are applicable to the National Highway System, other than
provisions relating to apportionment formula and Federal share,
shall apply to funds made available to carry out this section,
except as determined by the Secretary to be inconsistent with
this section.
[Sec. 148. Highway safety improvement program
[(a) Definitions.--In this section, the following definitions
apply:
[(1) High risk rural road.--The term ``high risk
rural road'' means any roadway functionally classified
as a rural major or minor collector or a rural local
road--
[(A) on which the accident rate for
fatalities and incapacitating injuries exceeds
the statewide average for those functional
classes of roadway; or
[(B) that will likely have increases in
traffic volume that are likely to create an
accident rate for fatalities and incapacitating
injuries that exceeds the statewide average for
those functional classes of roadway.
[(2) Highway safety improvement program.--The term
``highway safety improvement program'' means the
program carried out under this section.
[(3) Highway safety improvement project.--
[(A) In general.--The term ``highway safety
improvement project'' means a project described
in the State strategic highway safety plan
that--
[(i) corrects or improves a hazardous
road location or feature; or
[(ii) addresses a highway safety
problem.
[(B) Inclusions.--The term ``highway safety
improvement project'' includes a project for
one or more of the following:
[(i) An intersection safety
improvement.
[(ii) Pavement and shoulder widening
(including addition of a passing lane
to remedy an unsafe condition).
[(iii) Installation of rumble strips
or another warning device, if the
rumble strips or other warning devices
do not adversely affect the safety or
mobility of bicyclists, pedestrians,
and the disabled.
[(iv) Installation of a skid-
resistant surface at an intersection or
other location with a high frequency of
accidents.
[(v) An improvement for pedestrian or
bicyclist safety or safety of the
disabled.
[(vi) Construction of any project for
the elimination of hazards at a
railway-highway crossing that is
eligible for funding under section 130,
including the separation or protection
of grades at railway-highway crossings.
[(vii) Construction of a railway-
highway crossing safety feature,
including installation of protective
devices.
[(viii) The conduct of a model
traffic enforcement activity at a
railway-highway crossing.
[(ix) Construction of a traffic
calming feature.
[(x) Elimination of a roadside
obstacle.
[(xi) Improvement of highway signage
and pavement markings.
[(xii) Installation of a priority
control system for emergency vehicles
at signalized intersections.
[(xiii) Installation of a traffic
control or other warning device at a
location with high accident potential.
[(xiv) Safety-conscious planning.
[(xv) Improvement in the collection
and analysis of crash data.
[(xvi) Planning integrated
interoperable emergency communications
equipment, operational activities, or
traffic enforcement activities
(including police assistance) relating
to workzone safety.
[(xvii) Installation of guardrails,
barriers (including barriers between
construction work zones and traffic
lanes for the safety of motorists and
workers), and crash attenuators.
[(xviii) The addition or retrofitting
of structures or other measures to
eliminate or reduce accidents involving
vehicles and wildlife.
[(xix) Installation and maintenance
of signs (including fluorescent,
yellow-green signs) at pedestrian-
bicycle crossings and in school zones.
[(xx) Construction and yellow-green
signs at pedestrian-bicycle crossings
and in school zones.
[(xxi) Construction and operational
improvements on high risk rural roads.
[(4) Safety project under any other section.--
[(A) In general.--The term ``safety project
under any other section'' means a project
carried out for the purpose of safety under any
other section of this title.
[(B) Inclusion.--The term ``safety project
under any other section'' includes a project to
promote the awareness of the public and educate
the public concerning highway safety matters
(including motorcyclist safety) and a project
to enforce highway safety laws.
[(5) State highway safety improvement program.--The
term ``State highway safety improvement program'' means
projects or strategies included in the State strategic
highway safety plan carried out as part of the State
transportation improvement program under section
135(g).
[(6) State strategic highway safety plan.--The term
``State strategic highway safety plan'' means a plan
developed by the State transportation department that--
[(A) is developed after consultation with--
[(i) a highway safety representative
of the Governor of the State;
[(ii) regional transportation
planning organizations and metropolitan
planning organizations, if any;
[(iii) representatives of major modes
of transportation;
[(iv) State and local traffic
enforcement officials;
[(v) persons responsible for
administering section 130 at the State
level;
[(vi) representatives conducting
Operation Lifesaver;
[(vii) representatives conducting a
motor carrier safety program under
section 31102, 31106, or 31309 of title
49;
[(viii) motor vehicle administration
agencies; and
[(ix) other major State and local
safety stakeholders;
[(B) analyzes and makes effective use of
State, regional, or local crash data;
[(C) addresses engineering, management,
operation, education, enforcement, and
emergency services elements (including
integrated, interoperable emergency
communications) of highway safety as key
factors in evaluating highway projects;
[(D) considers safety needs of, and high-
fatality segments of, public roads;
[(E) considers the results of State,
regional, or local transportation and highway
safety planning processes;
[(F) describes a program of projects or
strategies to reduce or eliminate safety
hazards;
[(G) is approved by the Governor of the State
or a responsible State agency; and
[(H) is consistent with the requirements of
section 135(g).
[(b) Program.--
[(1) In general.--The Secretary shall carry out a
highway safety improvement program.
[(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on
public roads.
[(c) Eligibility.--
[(1) In general.--To obligate funds apportioned under
section 104(b)(5) to carry out this section, a State
shall have in effect a State highway safety improvement
program under which the State--
[(A) develops and implements a State
strategic highway safety plan that identifies
and analyzes highway safety problems and
opportunities as provided in paragraph (2);
[(B) produces a program of projects or
strategies to reduce identified safety
problems;
[(C) evaluates the plan on a regular basis to
ensure the accuracy of the data and priority of
proposed improvements; and
[(D) submits to the Secretary an annual
report that--
[(i) describes, in a clearly
understandable fashion, not less than 5
percent of locations determined by the
State, using criteria established in
accordance with paragraph (2)(B)(ii),
as exhibiting the most severe safety
needs; and
[(ii) contains an assessment of--
[(I) potential remedies to
hazardous locations identified;
[(II) estimated costs
associated with those remedies;
and
[(III) impediments to
implementation other than cost
associated with those remedies.
[(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State
strategic highway safety plan, a State shall--
[(A) have in place a crash data system with
the ability to perform safety problem
identification and countermeasure analysis;
[(B) based on the analysis required by
subparagraph (A)--
[(i) identify hazardous locations,
sections, and elements (including
roadside obstacles, railway-highway
crossing needs, and unmarked or poorly
marked roads) that constitute a danger
to motorists (including motorcyclists),
bicyclists, pedestrians, and other
highway users; and
[(ii) using such criteria as the
State determines to be appropriate,
establish the relative severity of
those locations, in terms of accidents,
injuries, deaths, traffic volume
levels, and other relevant data;
[(C) adopt strategic and performance-based
goals that--
[(i) address traffic safety,
including behavioral and infrastructure
problems and opportunities on all
public roads;
[(ii) focus resources on areas of
greatest need; and
[(iii) are coordinated with other
State highway safety programs;
[(D) advance the capabilities of the State
for traffic records data collection, analysis,
and integration with other sources of safety
data (such as road inventories) in a manner
that--
[(i) complements the State highway
safety program under chapter 4 and the
commercial vehicle safety plan under
section 31102 of title 49;
[(ii) includes all public roads;
[(iii) identifies hazardous
locations, sections, and elements on
public roads that constitute a danger
to motorists (including motorcyclists),
bicyclists, pedestrians, the disabled,
and other highway users; and
[(iv) includes a means of identifying
the relative severity of hazardous
locations described in clause (iii) in
terms of accidents, injuries, deaths,
and traffic volume levels;
[(E)(i) determine priorities for the
correction of hazardous road locations,
sections, and elements (including railway-
highway crossing improvements), as identified
through crash data analysis;
[(ii) identify opportunities for preventing
the development of such hazardous conditions;
and
[(iii) establish and implement a schedule of
highway safety improvement projects for hazard
correction and hazard prevention; and
[(F)(i) establish an evaluation process to
analyze and assess results achieved by highway
safety improvement projects carried out in
accordance with procedures and criteria
established by this section; and
[(ii) use the information obtained under
clause (i) in setting priorities for highway
safety improvement projects.
[(d) Eligible Projects.--
[(1) In general.--A State may obligate funds
apportioned to the State under section 104(b)(5) to
carry out--
[(A) any highway safety improvement project
on any public road or publicly owned bicycle or
pedestrian pathway or trail; or
[(B) as provided in subsection (e), other
safety projects.
[(2) Use of other funding for safety.--
[(A) Effect of section.--Nothing in this
section prohibits the use of funds made
available under other provisions of this title
for highway safety improvement projects.
[(B) Use of other funds.--States are
encouraged to address the full scope of their
safety needs and opportunities by using funds
made available under other provisions of this
title (except a provision that specifically
prohibits that use).
[(e) Flexible Funding for States With a Strategic Highway
Safety Plan.--
[(1) In general.--To further the implementation of a
State strategic highway safety plan, a State may use up
to 10 percent of the amount of funds apportioned to the
State under section 104(b)(5) for a fiscal year to
carry out safety projects under any other section as
provided in the State strategic highway safety plan if
the State certifies that--
[(A) the State has met needs in the State
relating to railway-highway crossings; and
[(B) the State has met the State's
infrastructure safety needs relating to highway
safety improvement projects.
[(2) Other transportation and highway safety plans.--
Nothing in this subsection requires a State to revise
any State process, plan, or program in effect on the
date of enactment of this section.
[(f) High Risk Rural Roads.--
[(1) In general.--After making an apportionment under
section 104(b)(5) for a fiscal year beginning after
September 30, 2005, the Secretary shall ensure, from
amounts made available to carry out this section for
such fiscal year, that a total of $90,000,000 of such
apportionment is set aside by the States,
proportionally according to the share of each State of
the total amount so apportioned, for use only for
construction and operational improvements on high risk
rural roads.
[(2) Special rule.--A State may use funds apportioned
to the State pursuant to this subsection for any
project under this section if the State certifies to
the Secretary that the State has met all of State needs
for construction and operational improvements on high
risk rural roads.
[(g) Reports.--
[(1) In general.--A State shall submit to the
Secretary a report that--
[(A) describes progress being made to
implement highway safety improvement projects
under this section;
[(B) assesses the effectiveness of those
improvements; and
[(C) describes the extent to which the
improvements funded under this section
contribute to the goals of--
[(i) reducing the number of
fatalities on roadways;
[(ii) reducing the number of roadway-
related injuries;
[(iii) reducing the occurrences of
roadway-related crashes;
[(iv) mitigating the consequences of
roadway-related crashes; and
[(v) reducing the occurrences of
crashes at railway- highway crossings.
[(2) Contents; schedule.--The Secretary shall
establish the content and schedule for a report under
paragraph (1).
[(3) Transparency.--The Secretary shall make reports
submitted under subsection (c)(1)(D) available to the
public through--
[(A) the Web site of the Department; and
[(B) such other means as the Secretary
determines to be appropriate.
[(4) Discovery and admission into evidence of certain
reports, surveys, and information.--Notwithstanding any
other provision of law, reports, surveys, schedules,
lists, or data compiled or collected for any purpose
directly relating to paragraph (1) or subsection
(c)(1)(D), or published by the Secretary in accordance
with paragraph (3), shall not be subject to discovery
or admitted into evidence in a Federal or State court
proceeding or considered for other purposes in any
action for damages arising from any occurrence at a
location identified or addressed in such reports,
surveys, schedules, lists, or other data.
[(h) Federal Share of Highway Safety Improvement Projects.--
Except as provided in sections 120 and 130, the Federal share
of the cost of a highway safety improvement project carried out
with funds apportioned to a State under section 104(b)(5) shall
be 90 percent.]
Sec. 148. Highway safety improvement program
(a) Definitions.--In this section, the following definitions
apply:
(1) Highway safety improvement program.--The term
``highway safety improvement program'' means the
program carried out under this section.
(2) Highway safety improvement project.--The term
``highway safety improvement project'' means a project
consistent with an applicable State strategic highway
safety plan that--
(A) corrects or improves a roadway feature
that constitutes a hazard to any road users; or
(B) addresses any other highway safety
problem.
(3) Project to maintain minimum levels of
retroreflectivity.--The term ``project to maintain
minimum levels of retroreflectivity'' means a project
undertaken pursuant to the provisions of the Manual on
Uniform Traffic Control Devices that require the use of
an assessment or management method designed to maintain
highway sign or pavement marking retroreflectivity at
or above minimum levels prescribed in the Manual.
(4) Road users.--The term ``road users'' means motor
vehicle drivers and passengers, public transportation
operators and users, truck drivers, bicyclists,
motorcyclists, and pedestrians, including persons with
disabilities.
(5) Safety data.--The term ``safety data'' includes
crash, roadway, driver licensing, and traffic data with
respect to all public roads and, for highway-rail grade
crossings, data on the characteristics of highway and
train traffic.
(6) Safety project under any other section.--
(A) In general.--The term ``safety project
under any other section'' means a project
carried out for the purpose of safety under any
other section of this title.
(B) Inclusion.--The term ``safety project
under any other section'' includes--
(i) projects consistent with an
applicable State strategic highway
safety plan that promote the awareness
of the public and educate the public
concerning highway safety matters
(including motorcycle safety);
(ii) projects to enforce highway
safety laws; and
(iii) projects to provide
infrastructure and equipment to support
emergency services.
(7) State highway safety improvement program.--The
term ``State highway safety improvement program'' means
a program of highway safety improvement projects
carried out as part of the statewide transportation
improvement program under section 5204(g) of title 49.
(8) State strategic highway safety plan.--The term
``State strategic highway safety plan'' means a
comprehensive, data-driven safety plan developed in
accordance with subsection (c)(2).
(b) In General.--The Secretary shall carry out a highway
safety improvement program that is consistent with achieving a
significant reduction in traffic fatalities and serious
injuries on all public roads.
(c) State Highway Safety Improvement Programs.--
(1) In general.--To obligate funds apportioned under
section 104(b)(5) to carry out this section, a State
shall have in effect a State highway safety improvement
program that--
(A) includes a set of projects that are
consistent with the State strategic highway
safety plan of the State;
(B) satisfies the requirements of this
section; and
(C) is consistent with the State's statewide
transportation improvement program under
section 5204(g) of title 49.
(2) Strategic highway safety plan.--As part of the
State highway safety improvement program of the State,
each State shall have in effect, update at least every
2 years, and submit to the Secretary a State strategic
highway safety plan that--
(A) is developed after consultation with--
(i) a highway safety representative
of the Governor of the State;
(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
(iii) representatives of major modes
of transportation;
(iv) State and local traffic
enforcement officials;
(v) representatives of entities
conducting a Federal or State motor
carrier safety program;
(vi) motor vehicle administration
agencies;
(vii) a highway-rail grade crossing
safety representative of the Governor
of the State; and
(viii) other major Federal, State,
tribal, regional, and local safety
stakeholders;
(B) is approved by the Governor of the State
or a responsible State agency;
(C) defines State safety goals, including
with respect to performance measures
established under section 5206 of title 49;
(D) addresses engineering, management,
operation, education, enforcement, and
emergency services elements of highway safety
(including integrated, interoperable emergency
communications) as key factors in evaluating
highway projects;
(E) analyzes and makes effective use of
State, regional, and local safety data,
including data from the safety data system
required under subsection (e);
(F) considers the results of Federal, State,
regional, and local transportation and highway
safety planning processes; and
(G) considers the safety needs of, and high-
fatality segments of, public roads.
(3) Implementation.--
(A) Identification and analysis of highway
safety problems and opportunities.--As part of
the State highway safety improvement program of
the State, each State shall, including through
use of the safety data system required under
subsection (e)--
(i) identify roadway features that
constitute a hazard to road users;
(ii) identify highway safety
improvement projects on the basis of
crash history (including crash rates),
crash potential, or other data-
supported means;
(iii) establish the relative severity
of the risks of roadway features based
on crash, injury, fatality, traffic
volume, and other relevant data
(including the number and rates of
crashes, injuries, and fatalities);
(iv) identify the 100 most dangerous
roads in the State, including specific
intersections and sections of roads,
based on the risk factors described in
clause (iii);
(v) consider whether highway safety
improvement projects maximize
opportunities to advance safety; and
(vi) in conjunction with the National
Highway Traffic Safety Administration
and the Federal Motor Carrier Safety
Administration, evaluate the progress
made each year in achieving State
safety goals identified in the State
strategic highway safety plan.
(B) Schedule of highway safety improvement
projects.--As part of the State highway safety
improvement program of the State, each State
shall, including through use of the safety data
system required under subsection (e)--
(i) identify highway safety
improvement projects;
(ii) determine priorities for the
correction of roadway features that
constitute a hazard to road users as
identified through safety data
analysis; and
(iii) establish and implement a
schedule of highway safety improvement
projects to address roadway features
identified as constituting a hazard to
road users.
(4) Eligible projects.--
(A) In general.--A State may obligate funds
apportioned to the State under section
104(b)(5) to carry out--
(i) any highway safety improvement
project on any public road or publicly
owned pathway or trail;
(ii) any project to put in effect or
improve the safety data system required
under subsection (e), without regard to
whether the project is included in an
applicable State strategic highway
safety plan;
(iii) any project to maintain minimum
levels of retroreflectivity with
respect to a public road, without
regard to whether the project is
included in an applicable State
strategic highway safety plan;
(iv) any project for roadway safety
infrastructure improvements consistent
with the recommendations included in
the publication of the Federal Highway
Administration entitled ``Highway
Design Handbook for Older Drivers and
Pedestrians'' (Publication number FHWA
RD-01-103), or any successor
publication; or
(v) as provided in subsection (d),
other projects.
(B) Use of other funding for safety
improvement projects.--
(i) Effect of section.--Nothing in
this section prohibits the use of funds
made available under other provisions
of this title for highway safety
improvement projects.
(ii) Use of other funds.--States are
encouraged to address the full scope of
their safety needs and opportunities by
using, for a highway safety improvement
project, funds made available under
other provisions of this title (except
a provision that specifically prohibits
that use).
(C) Automated traffic enforcement systems.--
(i) Prohibition.--A State may not
obligate funds apportioned to the State
under section 104(b) to carry out any
program to purchase, operate, or
maintain an automated traffic
enforcement system.
(ii) Automated traffic enforcement
system defined.--In this subparagraph,
the term ``automated traffic
enforcement system'' means automated
technology that monitors compliance
with traffic laws.
(5) Updated state strategic highway safety plan
required.--
(A) In general.--A State may obligate funds
apportioned to the State under section
104(b)(5) for the second fiscal year beginning
after the date of enactment of the American
Energy and Infrastructure Jobs Act of 2012 only
if the State has in effect and has submitted to
the Secretary an updated State strategic
highway safety plan that satisfies requirements
under this subsection.
(B) Transition.--Before the second fiscal
year beginning after the date of enactment of
the American Energy and Infrastructure Jobs Act
of 2012, a State may obligate funds apportioned
to the State under section 104(b)(5) in a
manner consistent with a State strategic
highway safety plan of the State developed
before such date of enactment.
(d) Flexible Funding.--To further the implementation of a
State strategic highway safety plan and the achievement of
performance measures established under section 5206 of title
49, a State may use not more than 10 percent of the funds
apportioned to the State under section 104(b)(5) for a fiscal
year to carry out safety projects under any other section if--
(1) the use is consistent with the State strategic
highway safety plan of the State; and
(2) the State certifies to the Secretary that the
funds are being used for the most effective projects
for making progress toward achieving performance
measures established under section 5206 of title 49.
(e) Safety Data System.--
(1) In general.--Not later than 1 year after the date
of enactment of the American Energy and Infrastructure
Jobs Act of 2012, each State, as part of the State
highway safety improvement program of the State, shall
have in effect a safety data system to--
(A) collect and maintain a record of safety
data with respect to all public roads in the
State;
(B) advance the capabilities of the State
with respect to safety data collection,
analysis, and integration;
(C) identify roadway features that constitute
a hazard to road users; and
(D) perform safety problem identification and
countermeasure analysis.
(2) Improvement efforts.--Each State shall carry out
projects, as needed, to ensure that the safety data
system of the State enhances--
(A) the timeliness, accuracy, completeness,
uniformity, and accessibility of safety data
with respect to all public roads in the State;
(B) the ability of the State to integrate all
safety data collected throughout the State;
(C) the ability of State and national safety
data systems to be compatible and
interoperable;
(D) the ability of the Secretary to observe
and analyze national trends in crash rates,
outcomes, and circumstances; and
(E) the collection of data on crashes that
involve a bicyclist or pedestrian.
(3) Evaluation of improvement efforts.--Each State
shall collect and maintain a record of projects
undertaken to improve the safety data system of the
State and shall evaluate the effectiveness of such
projects.
(f) Transparency.--A State shall make all plans and reports
submitted to the Secretary under this section available to the
public through--
(1) the Internet Web site of the State transportation
department of the State; or
(2) such other means as the Secretary determines to
be appropriate.
(g) Discovery and Admission Into Evidence of Certain Reports,
Surveys, and Information.--Notwithstanding any other provision
of law, reports, surveys, schedules, lists, or data compiled or
collected for any purpose directly relating to this section, or
published in accordance with subsection (f), shall not be
subject to discovery or admitted into evidence in a Federal or
State court proceeding or considered for other purposes in any
action for damages arising from any occurrence at a location
identified or addressed in such reports, surveys, schedules,
lists, or other data.
(h) Federal Share of Highway Safety Improvement Projects.--
The Federal share of the cost of a highway safety improvement
project carried out with funds apportioned to a State under
section 104(b)(5) shall be 90 percent, unless a Federal share
exceeding 90 percent would apply to the project under section
120 or 130.
Sec. 149. Congestion mitigation and air quality improvement program
(a) * * *
[(b) Eligible Projects.--Except as provided in subsection
(c), a State may obligate funds apportioned to it under section
104(b)(2) for the congestion mitigation and air quality
improvement program only for a transportation project or
program if the project or program is for an area in the State
that is or was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or
was designated as a nonattainment area under such section
107(d) after December 31, 1997, or is required to prepare, and
file with the Administrator of the Environmental Protection
Agency, maintenance plans under the Clean Air Act (42 U.S.C.
7401 et seq.) and--
[(1)(A)(i) if the Secretary, after consultation with
the Administrator determines, on the basis of
information published by the Environmental Protection
Agency pursuant to section 108(f)(1)(A) of the Clean
Air Act (other than clause (xvi)) that the project or
program is likely to contribute to--
[(I) the attainment of a national ambient air
quality standard; or
[(II) the maintenance of a national ambient
air quality standard in a maintenance area; and
[(ii) a high level of effectiveness in reducing air
pollution, in cases of projects or programs where
sufficient information is available in the database
established pursuant to subsection (h) to determine the
relative effectiveness of such projects or programs;
or,
[(B) in any case in which such information is not
available, if the Secretary, after such consultation,
determines that the project or program is part of a
program, method, or strategy described in such section
108(f)(1)(A);
[(2) if the project or program is included in a State
implementation plan that has been approved pursuant to
the Clean Air Act and the project will have air quality
benefits;
[(3) the Secretary, after consultation with the
Administrator of the Environmental Protection Agency,
determines that the project or program is likely to
contribute to the attainment of a national ambient air
quality standard, whether through reductions in vehicle
miles traveled, fuel consumption, or through other
factors;
[(4) to establish or operate a traffic monitoring,
management, and control facility or program if the
Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that
the facility or program, including advanced truck stop
electrification systems, is likely to contribute to the
attainment of a national ambient air quality standard;
[(5) if the program or project improves traffic flow,
including projects to improve signalization, construct
high occupancy vehicle lanes, improve intersections,
improve transportation systems management and
operations that mitigate congestion and improve air
quality, and implement intelligent transportation
system strategies and such other projects that are
eligible for assistance under this section on the day
before the date of enactment of this paragraph;
[(6) if the project or program involves the purchase
of integrated, interoperable emergency communications
equipment; or
[(7) if the project or program is for--
[(A) the purchase of diesel retrofits that
are--
[(i) for motor vehicles (as defined
in section 216 of the Clean Air Act (42
U.S.C. 7550)); or
[(ii) published in the list under
subsection (f)(2) for non-road vehicles
and non-road engines (as defined in
section 216 of the Clean Air Act (42
U.S.C. 7550)) that are used in
construction projects that are--
[(I) located in nonattainment
or maintenance areas for ozone,
PM10, or
PM2.5 (as defined
under the Clean Air Act (42
U.S.C. 7401 et seq.)); and
[(II) funded, in whole or in
part, under this title; or
[(B) the conduct of outreach activities that
are designed to provide information and
technical assistance to the owners and
operators of diesel equipment and vehicles
regarding the purchase and installation of
diesel retrofits.
No funds may be provided under this section for a project which
will result in the construction of new capacity available to
single occupant vehicles unless the project consists of a high
occupancy vehicle facility available to single occupant
vehicles only at other than peak travel times. In areas of a
State which are nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation activities,
the State may obligate such funds for any project or program
under paragraph (1) or (2) without regard to any limitation of
the Department of Transportation relating to the type of
ambient air quality standard such project or program
addresses.]
(b) Eligible Projects.--
(1) In general.--
(A) Requirements for obligation of funds.--A
State may obligate funds apportioned to the
State under section 104(b)(2) for a
transportation project or program if the
project or program meets the requirements of
subparagraph (B) and (C).
(B) Area served by project or program.--A
project or program meets the requirements of
this subparagraph if the project or program is
for an area in the State that--
(i) is or was designated as a
nonattainment area for ozone, carbon
monoxide, or particulate matter under
section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or
188(b) of the Clean Air Act (42 U.S.C.
7511(a), 7512(a), 7513(a), or 7513(b));
(ii) is or was designated as a
nonattainment area under such section
107(d) after December 31, 1997; or
(iii) is required to prepare, and
file with the Administrator of the
Environmental Protection Agency,
maintenance plans under the Clean Air
Act (42 U.S.C. 7505a).
(C) Purpose of project or program.--A project
or program meets the requirements of this
subparagraph if--
(i) the Secretary, after consultation
with the Administrator, determines
that--
(I) on the basis of
information published by the
Environmental Protection Agency
pursuant to section
108(f)(1)(A) of the Clean Air
Act (other than clause (xvi) of
such section), the project or
program is likely to contribute
to--
(aa) the attainment
of a national ambient
air quality standard;
or
(bb) the maintenance
of a national ambient
air quality standard in
a maintenance area; or
(II) the project or program
is part of a program, method,
or strategy described in such
section 108(f)(1)(A);
(ii) the project or program is
included in a State implementation plan
that has been approved pursuant to the
Clean Air Act and the project will have
air quality benefits;
(iii) the Secretary, after
consultation with the Administrator,
determines that the project or program
is likely to contribute to the
attainment of a national ambient air
quality standard through reductions in
travel time delay, vehicle miles
traveled, or fuel consumption or
through other factors; or
(iv) the Secretary determines that
the project or program is likely to
contribute to the mitigation of
congestion.
(2) Special rules.--
(A) Projects resulting in new capacity for
single occupant vehicles.--A State may obligate
funds apportioned to the State under section
104(b)(2) for a project or program that will
result in the construction of new capacity
available to single occupant vehicles only if
the project or program is likely to contribute
to the mitigation of congestion or the
improvement of air quality.
(B) Projects for pm-10 nonattainment areas.--
A State may obligate funds apportioned to the
State under section 104(b)(2) for a project or
program for an area that is nonattainment for
ozone or carbon monoxide, or both, and for PM-
10 resulting from transportation activities,
without regard to any limitation of the
Department of Transportation relating to the
type of ambient air quality standard such
project or program addresses.
(C) Electric vehicle infrastructure.--A State
may obligate funds apportioned under section
104(b)(2) or 104(b)(3) for a project or program
to establish or support the establishment of
electric vehicle battery charging or changing
facilities at any location in the State. Such
projects or programs may be carried out by a
State or local agency or through a public-
private partnership.
* * * * * * *
[(f) Cost-Effective Emission Reduction Guidance.--
[(1) Definitions.--In this subsection, the following
definitions apply:
[(A) Administrator.--The term
``Administrator'' means the Administrator of
the Environmental Protection Agency.
[(B) Diesel retrofit.--The term ``diesel
retrofit'' means a replacement, repowering,
rebuilding, after treatment, or other
technology, as determined by the Administrator.
[(2) Emission reduction guidance.--The Administrator,
in consultation with the Secretary, shall publish a
list of diesel retrofit technologies and supporting
technical information for--
[(A) diesel emission reduction technologies
certified or verified by the Administrator, the
California Air Resources Board, or any other
entity recognized by the Administrator for the
same purpose;
[(B) diesel emission reduction technologies
identified by the Administrator as having an
application and approvable test plan for
verification by the Administrator or the
California Air Resources Board that is
submitted not later that 18 months of the date
of enactment of this subsection;
[(C) available information regarding the
emission reduction effectiveness and cost
effectiveness of technologies identified in
this paragraph, taking into consideration air
quality and health effects.
[(3) Priority.--
[(A) In general.--States and metropolitan
planning organizations shall give priority in
distributing funds received for congestion
mitigation and air quality projects and
programs from apportionments derived from
application of sections 104(b)(2)(B) and
104(b)(2)(C) to--
[(i) diesel retrofits, particularly
where necessary to facilitate contract
compliance, and other cost-effective
emission reduction activities, taking
into consideration air quality and
health effects; and
[(ii) cost-effective congestion
mitigation activities that provide air
quality benefits.
[(B) Savings.--This paragraph is not intended
to disturb the existing authorities and roles
of governmental agencies in making final
project selections.
[(4) No effect on authority or restrictions.--Nothing
in this subsection modifies or otherwise affects any
authority or restriction established under the Clean
Air Act (42 U.S.C. 7401 et seq.) or any other law
(other than provisions of this title relating to
congestion mitigation and air quality).]
[(g)] (f) Interagency Consultation.--The Secretary shall
encourage States and metropolitan planning organizations to
consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated emission
reductions from proposed congestion mitigation and air quality
improvement programs and projects.
[(h)] (g) Evaluation and Assessment of Projects.--
(1) * * *
* * * * * * *
[Sec. 151. National bridge inspection program
[(a) National Bridge Inspection Standards.--The Secretary, in
consultation with the State transportation departments and
interested and knowledgeable private organizations and
individuals, shall establish national bridge inspection
standards for the proper safety inspection and evaluation of
all highway bridges.
[(b) Minimum Requirements of Inspection Standards.--The
standards established under subsection (a) shall, at a
minimum--
[(1) specify, in detail, the method by which such
inspections shall be carried out by the States;
[(2) establish the maximum time period between
inspections;
[(3) establish the qualification for those charged
with carrying out the inspections;
[(4) require each State to maintain and make
available to the Secretary upon request--
[(A) written reports on the results of
highway bridge inspections together with
notations of any action taken pursuant to the
findings of such inspections; and
[(B) current inventory data for all highway
bridges reflecting the findings of the most
recent highway bridge inspections conducted;
and
[(5) establish a procedure for national certification
of highway bridge inspectors.
[(c) Training Program for Bridge Inspectors.--The Secretary,
in cooperation with the State transportation departments, shall
establish a program designed to train appropriate governmental
employees to carry out highway bridge inspections. Such
training program shall be revised from time to time to take
into account new and improved techniques.
[(d) Availability of Funds.--To carry out this section, the
Secretary may use funds made available pursuant to the
provisions of section 104(a), section 502, and section 144 of
this title.
[Sec. 152. Hazard elimination program
[(a) In General.--
[(1) Program.--Each State shall conduct and
systematically maintain an engineering survey of all
public roads to identify hazardous locations, sections,
and elements, including roadside obstacles and unmarked
or poorly marked roads, which may constitute a danger
to motorists, bicyclists, and pedestrians, assign
priorities for the correction of such locations,
sections, and elements, and establish and implement a
schedule of projects for their improvement.
[(2) Hazards.--In carrying out paragraph (1), a State
may, at its discretion--
[(A) identify, through a survey, hazards to
motorists, bicyclists, pedestrians, and users
of highway facilities; and
[(B) develop and implement projects and
programs to address the hazards.
[(b) The Secretary may approve as a project under this
section any safety improvement project, including a project
described in subsection (a).
[(c) Funds authorized to carry out this section shall be
available for expenditure on--
[(1) any public road;
[(2) any public surface transportation facility or
any publicly owned bicycle or pedestrian pathway or
trail; or
[(3) any traffic calming measure.
[(d) The Federal share payable on account of any project
under this section shall be 90 percent of the cost thereof.
[(e) Funds authorized to be appropriated to carry out this
section shall be available for obligation in the same manner
and to the same extent as if such funds were apportioned under
section 104(b), except that the Secretary is authorized to
waive provisions he deems inconsistent with the purposes of
this section.
[(f) Each State shall establish an evaluation process
approved by the Secretary, to analyze and assess results
achieved by safety improvement projects carried out in
accordance with procedures and criteria established by this
section. Such evaluation process shall develop cost-benefit
data for various types of corrections and treatments which
shall be used in setting priorities for safety improvement
projects.
[(g) Each State shall report to the Secretary of
Transportation not later than December 30 of each year, on the
progress being made to implement safety improvement projects
for hazard elimination and the effectiveness of such
improvements. Each State report shall contain an assessment of
the cost of, and safety benefits derived from, the various
means and methods used to mitigate or eliminate hazards and the
previous and subsequent accident experience at these locations.
The Secretary of Transportation shall submit a report to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives not later than April 1 of each year on the
progress being made by the States in implementing the hazard
elimination program (including but not limited to any projects
for pavement marking). The report shall include, but not be
limited to, the number of projects undertaken, their
distribution by cost range, road system, means and methods
used, and the previous and subsequent accident experience at
improved locations. In addition, the Secretary's report shall
analyze and evaluate each State program, identify any State
found not to be in compliance with the schedule of improvements
required by subsection (a) and include recommendations for
future implementation of the hazard elimination program.
[(h) For the purposes of this section the term ``State''
shall have the meaning given it in section 401 of this title.]
Sec. 151. National highway bridge and tunnel inventory and inspection
program
(a) National Highway Bridge and Tunnel Inventory.--The
Secretary, in consultation with the States and Federal agencies
with jurisdiction over highway bridges and tunnels, shall--
(1) inventory all bridges on public roads, on and off
Federal-aid highways, including tribally owned and
federally owned bridges, that are over waterways, other
topographical barriers, other highways, and railroads;
(2) inventory all tunnels on public roads, on and off
Federal-aid highways, including tribally owned and
federally owned tunnels;
(3) identify each bridge or tunnel inventoried under
paragraph (1) or (2) that is structurally deficient or
functionally obsolete;
(4) assign a risk-based priority for replacement or
rehabilitation of each structurally deficient bridge or
tunnel identified under paragraph (3) after
consideration of safety, serviceability, and
essentiality for public use, including the potential
impacts to emergency evacuation routes and to regional
and national freight and passenger mobility if the
serviceability of the bridge or tunnel is diminished;
and
(5) determine the cost of replacing each structurally
deficient bridge or tunnel identified under paragraph
(3) with a comparable facility or the cost of
rehabilitating the bridge or tunnel.
(b) National Highway Bridge and Tunnel Inspection
Standards.--
(1) In general.--The Secretary shall establish and
maintain inspection standards for the proper safety
inspection and evaluation of all highway bridges and
tunnels described in subsections (a)(1) and (a)(2). The
standards shall be designed to ensure uniformity in the
conduct of such inspections and evaluations.
(2) Minimum requirements for inspection standards.--
At a minimum, the standards established under paragraph
(1) shall--
(A) specify, in detail, the method by which
inspections will be carried out by States,
Federal agencies, and tribal governments;
(B) establish the maximum time period between
inspections;
(C) establish the qualifications for those
charged with carrying out inspections;
(D) require each State, Federal agency, and
tribal government to maintain and make
available to the Secretary upon request--
(i) written reports on the results of
highway bridge and tunnel inspections,
together with notations of any action
taken pursuant to the findings of such
inspections; and
(ii) inventory data for all highway
bridges and tunnels described in
subsections (a)(1) and (a)(2) under the
jurisdiction of the State, Federal
agency, or tribal government that
reflect the findings of the most recent
highway bridge and tunnel inspections;
(E) establish a procedure for national
certification of highway bridge and tunnel
inspectors;
(F) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures for the Secretary to
conduct reviews of State and Federal agency
compliance with the standards established under
this subsection; and
(G) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures for the States to
follow in reporting to the Secretary--
(i) critical findings relating to
structural safety-related deficiencies
of highway bridges and tunnels; and
(ii) monitoring activities and
corrective actions taken in response to
a critical finding described in clause
(i).
(3) Compliance requirements.--
(A) Reviews of state compliance.--The
Secretary shall annually review State
compliance with the standards established under
this section.
(B) Findings of noncompliance.--If the
Secretary identifies noncompliance by a State
in conducting an annual review under
subparagraph (A), the Secretary shall issue a
report detailing the noncompliance by December
31 of the calendar year in which the review is
conducted and shall provide the State an
opportunity to address the noncompliance by--
(i) developing a corrective action
plan to remedy the noncompliance; or
(ii) resolving the noncompliance
within 45 days of receiving
notification of the noncompliance.
(4) Penalty for noncompliance.--
(A) Funding requirement.--If the Secretary
identifies noncompliance by a State in
conducting an annual review under paragraph
(3)(A) in a calendar year, and the State fails
to address the noncompliance in the manner
described in paragraph (3)(B) by August 1 of
the succeeding year, on October 1 of such
succeeding year, and each year thereafter as
necessary, the Secretary shall require the
State to dedicate funds apportioned to the
State under sections 104(b)(1) and 104(b)(3) to
correct the noncompliance.
(B) Amount.--The amount of the funds
dedicated to correcting the noncompliance in
accordance with subparagraph (A) shall--
(i) be determined by the State based
on an analysis of the actions needed to
address the noncompliance; and
(ii) require approval by the
Secretary.
(c) Training Program for Bridge and Tunnel Inspectors.--The
Secretary, in cooperation with State transportation
departments, shall establish a program designed to train
appropriate personnel to carry out highway bridge and tunnel
inspections.
(d) Availability of Funds.--In carrying out this section--
(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
(2) a State may use amounts apportioned to the State
under sections 104(b)(1), 104(b)(3), and 104(b)(5);
(3) an Indian tribe may use funds made available to
the Indian tribe under section 502; and
(4) a Federal agency may use funds made available to
the agency under section 503.
* * * * * * *
[Sec. 155. Access highways to public recreation areas on certain lakes
[(a) The Secretary is authorized to construct or reconstruct
access highways to public recreation areas on lakes in order to
accommodate present and projected traffic density. The
Secretary shall develop guidelines and standards for the
designation of routes and the allocation of funds for the
purpose of this section which shall include the following
criteria:
[(1) No portion of any access highway constructed or
reconstructed under this section shall exceed thirty-
five miles in length nor shall any portion of such
highway be located more than thirty-five miles from the
nearest part of such recreation area.
[(2) Routes shall be designated by the Secretary on
the recommendation of the State and responsible local
officials, after consultation with the head of the
Federal agency (if any) having jurisdiction over the
public recreation area involved.
[(b) The Federal share payable on account of any project
authorized pursuant to this section shall not exceed 75 per
centum of the cost of construction or reconstruction of such
project.
[(c) All of the provisions of this title applicable to
highways on the Federal-aid system (other than the Interstate
System) determined appropriate by the Secretary, except those
provisions which the Secretary determines are inconsistent with
this section, shall apply to any highway designated under this
section which is not a part of the Federal-aid system when so
designated.
[(d) For the purpose of this section the term ``lake'' means
any lake, reservoir, pool, or other body of water resulting
from the construction of any lock, dam, or similar structure by
the Corps of Engineers, Department of the Army, or the Bureau
of Reclamation, Department of the Interior, or the Tennessee
Valley Authority, and any multipurpose lake resulting from
construction assistance of the Soil Conservation Service,
Department of Agriculture. This section shall apply to lakes
heretofore or hereafter constructed or authorized for
construction.
[(e) There is authorized to be appropriated not to exceed
$25,000,000 for the fiscal year 1976 to carry out this section.
Amounts authorized by this subsection for a fiscal year shall
be available for that fiscal year and for the two succeeding
fiscal years.]
Sec. 156. [Proceeds from the sale or lease of real property] Sale or
lease of real property
(a) * * *
* * * * * * *
(d) Assessment of Adverse Effects.--Notwithstanding part 800
of title 36, Code of Federal Regulations, the sale or lease by
a State of any historic property that is not listed in the
National Register of Historic Places shall not be considered an
adverse effect to the property within any consultation process
carried out under section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
[Sec. 157. Safety incentive grants for use of seat belts
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line.
[(2) Multipurpose passenger motor vehicle.--The term
``multipurpose passenger motor vehicle'' means a motor
vehicle with motive power (except a trailer), designed
to carry not more than 10 individuals, that is
constructed on a truck chassis or is constructed with
special features for occasional off-road operation.
[(3) National average seat belt use rate.--The term
``national average seat belt use rate'' means, in the
case of each of calendar years 1996 through 2003, the
national average seat belt use rate for that year, as
determined by the Secretary.
[(4) Passenger car.--The term ``passenger car'' means
a motor vehicle with motive power (except a
multipurpose passenger motor vehicle, motorcycle, or
trailer) designed to carry not more than 10
individuals.
[(5) Passenger motor vehicle.--The term ``passenger
motor vehicle'' means a passenger car or a multipurpose
passenger motor vehicle.
[(6) Savings to the Federal Government.--The term
``savings to the Federal Government'' means the amount
of Federal budget savings relating to Federal medical
costs (including savings under the medicare and
medicaid programs under titles XVIII and XIX of the
Social Security Act (42 U.S.C. 1395 et seq.)), as
determined by the Secretary.
[(7) Seat belt.--The term ``seat belt'' means--
[(A) with respect to an open-body passenger
motor vehicle, including a convertible, an
occupant restraint system consisting of a lap
belt or a lap belt and a detachable shoulder
belt; and
[(B) with respect to any other passenger
motor vehicle, an occupant restraint system
consisting of integrated lap and shoulder
belts.
[(8) State seat belt use rate.--The term ``State seat
belt use rate'' means the rate of use of seat belts in
passenger motor vehicles in a State, as measured and
submitted to the Secretary--
[(A) for each of calendar years 1996 and
1997, by the State, as weighted by the
Secretary to ensure national consistency in
methods of measurement (as determined by the
Secretary); and
[(B) for each of calendar years 1998 through
2003, by the State in a manner consistent with
the criteria established by the Secretary under
subsection (e).
[(b) Determinations by the Secretary.--Not later than
September 1, 1998, and September 1 of each calendar year
thereafter through September 1, 2005, the Secretary shall
determine--
[(1)(A) which States had, for each of the previous
calendar years (in this subsection referred to as the
``previous calendar year'') and the year preceding the
previous calendar year, a State seat belt use rate
greater than the national average seat belt use rate
for that year; and
[(B) in the case of each State described in
subparagraph (A), the amount that is equal to the
savings to the Federal Government due to the amount by
which the State seat belt use rate for the previous
calendar year exceeds the national average seat belt
use rate for that year; and
[(2) in the case of each State that is not a State
described in paragraph (1)(A)--
[(A) the base seat belt use rate of the
State, which shall be equal to the highest
State seat belt use rate for the State for any
calendar year during the period of 1996 through
the calendar year preceding the previous
calendar year; and
[(B) the amount that is equal to the savings
to the Federal Government due to any increase
in the State seat belt use rate for the
previous calendar year over the base seat belt
use rate determined under subparagraph (A).
[(c) Allocations.--
[(1) States with greater than the national average
seat belt use rate.--Not later than October 1, 1998,
and each October 1 thereafter through October 1, 2004,
the Secretary shall allocate to each State described in
subsection (b)(1)(A) an amount equal to the amount
determined for the State under subsection (b)(1)(B).
[(2) Other States.--Not later than October 1, 1998,
and each October 1 thereafter through October 1, 2004,
the Secretary shall allocate to each State described in
subsection (b)(2) an amount equal to the amount
determined for the State under subsection (b)(2)(B).
[(d) Use of Amounts.--For each fiscal year, each State that
is allocated an amount under this section shall use the amount
for projects eligible for assistance under this title.
[(e) Criteria.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish
criteria for the measurement of State seat belt use rates by
States to ensure that the measurements are accurate and
representative.
[(f) Innovative Seat Belt Project Allocations.--
[(1) In general.--The Secretary shall use amounts
made available under subsection (g)(3) to make
allocations to States to carry out innovative projects
to promote increased seat belt use rates.
[(2) Determination of eligibility.--To be eligible to
receive an allocation under this subsection for a
fiscal year, a State shall--
[(A) develop a plan for innovative projects
described in paragraph (1); and
[(B) submit the plan to the Secretary not
later than March 1 of the fiscal year.
[(3) Plan selection.--
[(A) Criteria.--Not later than December 1,
1998, the Secretary shall establish criteria
for the selection of State plans for
allocations under this subsection.
[(B) Selection.--The Secretary shall select
State plans for allocations under this
subsection in accordance with the criteria
established under subparagraph (A).
[(C) States.--In carrying out this paragraph,
the Secretary shall ensure, to the maximum
extent practicable, demographic and geographic
diversity and a diversity of seat belt use
rates among the States selected for
allocations.
[(4) Allocation.--Not later than October 1, 1999, and
each October 1 thereafter through October 1, 2004, the
Secretary shall allocate funds to the States whose
plans were selected under paragraph (3).
[(5) Amount of allocations.--Subject to the
availability of unallocated amounts under subsection
(g)(3), the amount of each allocation to a State under
this subsection shall be not less than $100,000 for
each fiscal year that is covered by a State plan.
[(6) Use of allocations.--An allocation to a State
under this subsection shall be used to carry out the
innovative seat belt projects described in the State
plan for which the allocation is awarded.
[(7) Federal share.--The Federal share of the cost of
an innovative seat belt project under this section
shall be 100 percent.
[(8) Period of availability.--Amounts allocated to a
State under this subsection shall remain available for
obligation in the State for a period of 3 years after
the last day of the fiscal year for which the amounts
are allocated.
[(g) Funding.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$82,000,000 for fiscal year 1999, $92,000,000 for
fiscal year 2000, $102,000,000 for fiscal year 2001,
$112,000,000 for fiscal year 2002, $112,000,000 for
fiscal year 2003, $112,000,000 for fiscal year 2004,
and $112,000,000 for fiscal year 2005.
[(2) Proportionate adjustment.--If the total amounts
to be allocated under subsection (c) for any fiscal
year would exceed the amounts authorized for the fiscal
year under paragraph (1), the allocation to each State
under subsection (c) shall be reduced proportionately.
[(3) Use of unallocated funds.--
[(A) Fiscal year 1999.--To the extent that
the amounts made available for fiscal year 1999
under paragraph (1) exceed the total amounts to
be allocated under subsection (c) for fiscal
year 1999, the excess amounts--
[(i) shall be apportioned in
accordance with section 104(b)(3);
[(ii) shall be considered to be sums
made available for expenditure on the
surface transportation program, except
that the amounts shall not be subject
to section 133(d); and
[(iii) shall be available for any
purpose eligible for funding under
section 133.
[(B) Fiscal years 2000 through 2005.--To the
extent that the amounts made available for any
of fiscal years 2000 through 2005 under
paragraph (1) exceed the total amounts to be
allocated under subsection (c) for the fiscal
year, the excess amounts shall be used to make
allocations under subsection (f).]
* * * * * * *
[Sec. 160. Reimbursement for segments of the Interstate System
constructed without Federal assistance
[(a) General Authority.--The Secretary shall allocate to the
States in each of fiscal years 1996 and 1997 amounts determined
under subsection (b) for reimbursement of their original
contributions to construction of segments of the Interstate
System which were constructed without Federal financial
assistance.
[(b) Determination of Reimbursement Amount.--The amount to be
reimbursed to a State in each of fiscal years 1996 and 1997
under this section shall be determined by multiplying the
amount made available for carrying out this section for such
fiscal year by the reimbursement percentage set forth in the
table contained in subsection (c).
[(c) Reimbursement Table.--For purposes of carrying out this
section, the reimbursement percentage, the original cost for
constructing the Interstate System, and the total reimbursable
amount for each State is set forth in the following table:
------------------------------------------------------------------------
Original cost Reimbursement Reimbursable
[States in millions percentage amount in millions
------------------------------------------------------------------------
Alabama $9 0.50 $147
Alaska ............... 0.50 147
Arizona 20 0.50 147
Arkansas 6 0.50 147
California 298 5.42 1,591
Colorado 23 0.50 147
Connecticut 314 5.71 1,676
Delaware 39 0.71 209
Florida 31 0.56 164
Georgia 46 0.84 246
Hawaii ............... 0.50 147
Idaho 5 0.50 147
Illinois 475 8.62 2,533
Indiana 167 3.03 892
Iowa 5 0.50 147
Kansas 101 1.84 540
Kentucky 32 0.57 169
Louisiana 22 0.50 147
Maine 38 0.69 204
Maryland 154 2.79 820
Massachusetts 283 5.14 1,511
Michigan 228 4.14 1,218
Minnesota 16 0.50 147
Mississippi 6 0.50 147
Missouri 74 1.35 396
Montana 5 0.50 147
Nebraska 1 0.50 147
Nevada 2 0.50 147
New Hampshire 8 0.50 147
New Jersey 353 6.41 1,882
New Mexico 8 0.50 147
New York 929 16.88 4,960
North Carolina 36 0.65 191
North Dakota 3 0.50 147
Ohio 257 4.68 1,374
Oklahoma 91 1.66 486
Oregon 78 1.42 417
Pennsylvania 354 6.43 1,888
Rhode Island 12 0.50 147
South Carolina 4 0.50 147
South Dakota 5 0.50 147
Tennessee 7 0.50 147
Texas 200 3.64 1,069
Utah 6 0.50 147
Vermont 1 0.50 147
Virginia 111 2.01 591
Washington 73 1.32 389
West Virginia 5 0.50 147
Wisconsin 8 0.50 147
Wyoming 9 0.50 147
D.C. 9 0.50 147
TOTALS $4,967 100.00 $29,384
------------------------------------------------------------------------
[(d) Transfer of Reimbursable Amounts to STP Apportionment.--
Subject to subsection (e) of this section, the Secretary shall
transfer amounts allocated to a State pursuant to this section
to the apportionment of such State under section 104(b)(3) for
the surface transportation program.
[(e) Limitation on Applicability of Certain Requirements of
STP Program.--The following provisions of section 133 of this
title shall not apply to 1/2 of the amounts transferred under
subsection (d) to the apportionment of the State for the
surface transportation program:
[(1) Subsection (d)(1).
[(2) Subsection (d)(2).
[(3) Subsection (d)(3).
[(f) Authorization of Appropriations.--There is authorized to
be appropriated, out of the Highway Trust Fund (other than the
Mass Transit Account), $2,000,000,000 per fiscal year for each
of fiscal years 1996 and 1997 to carryout this section.]
* * * * * * *
[Sec. 162. National scenic byways program
[(a) Designation of Roads.--
[(1) In general.--The Secretary shall carry out a
national scenic byways program that recognizes roads
having outstanding scenic, historic, cultural, natural,
recreational, and archaeological qualities by
designating the roads as--
[(A) National Scenic Byways;
[(B) All-American Roads; or
[(C) America's Byways.
[(2) Criteria.--The Secretary shall designate roads
to be recognized under the national scenic byways
program in accordance with criteria developed by the
Secretary.
[(3) Nomination.--
[(A) In general.--To be considered for a
designation, a road must be nominated by a
State, an Indian tribe, or a Federal land
management agency and must first be designated
as a State scenic byway, an Indian tribe scenic
byway, or, in the case of a road on Federal
land, as a Federal land management agency
byway.
[(B) Nomination by Indian tribes.--An Indian
tribe may nominate a road as a National Scenic
Byway, an All-American Road, or one of
America's Byways under paragraph (1) only if a
Federal land management agency (other than the
Bureau of Indian Affairs), a State, or a
political subdivision of a State does not
have--
[(i) jurisdiction over the road; or
[(ii) responsibility for managing the
road.
[(C) Safety.--An Indian tribe shall maintain
the safety and quality of roads nominated by
the Indian tribe under subparagraph (A).
[(4) Reciprocal notification.--States, Indian tribes,
and Federal land management agencies shall notify each
other regarding nominations made under this subsection
for roads that--
[(A) are within the jurisdictional boundary
of the State, Federal land management agency,
or Indian tribe; or
[(B) directly connect to roads for which the
State, Federal land management agency, or
Indian tribe is responsible.
[(b) Grants and Technical Assistance.--
[(1) In general.--The Secretary shall make grants and
provide technical assistance to States and Indian
tribes to--
[(A) implement projects on highways
designated as--
[(i) National Scenic Byways;
[(ii) All-American Roads;
[(iii) America's Byways;
[(iv) State scenic byways; or
[(v) Indian tribe scenic byways; and
[(B) plan, design, and develop a State or
Indian tribe scenic byway program.
[(2) Priorities.--In making grants, the Secretary
shall give priority to--
[(A) each eligible project that is associated
with a highway that has been designated as a
National Scenic Byway, All-American Road, or 1
of America's Byways and that is consistent with
the corridor management plan for the byway;
[(B) each eligible project along a State or
Indian tribe scenic byway that is consistent
with the corridor management plan for the
byway, or is intended to foster the development
of such a plan, and is carried out to make the
byway eligible for designation as--
[(i) a National Scenic Byway;
[(ii) an All-American Road; or
[(iii) 1 of America's Byways; and
[(C) each eligible project that is associated
with the development of a State or Indian tribe
scenic byway program.
[(c) Eligible Projects.--The following are projects that are
eligible for Federal assistance under this section:
[(1) An activity related to the planning, design, or
development of a State or Indian tribe scenic byway
program.
[(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of
related amenities.
[(3) Safety improvements to a State scenic byway,
Indian tribe scenic byway, National Scenic Byway, All-
American Road, or one of America's Byways to the extent
that the improvements are necessary to accommodate
increased traffic and changes in the types of vehicles
using the highway as a result of the designation as a
State scenic byway, Indian tribe scenic byway, National
Scenic Byway, All-American Road, or one of America's
Byways.
[(4) Construction along a scenic byway of a facility
for pedestrians and bicyclists, rest area, turnout,
highway shoulder improvement, overlook, or interpretive
facility.
[(5) An improvement to a scenic byway that will
enhance access to an area for the purpose of
recreation, including water-related recreation.
[(6) Protection of scenic, historical, recreational,
cultural, natural, and archaeological resources in an
area adjacent to a scenic byway.
[(7) Development and provision of tourist information
to the public, including interpretive information about
a scenic byway.
[(8) Development and implementation of a scenic byway
marketing program.
[(d) Limitation.--The Secretary shall not make a grant under
this section for any project that would not protect the scenic,
historical, recreational, cultural, natural, and archaeological
integrity of a highway and adjacent areas.
[(e) Savings Clause.--The Secretary shall not withhold any
grant or impose any requirement on a State or Indian tribe as a
condition of providing a grant or technical assistance for any
scenic byway unless the requirement is consistent with the
authority provided in this chapter.
[(f) Federal Share.--The Federal share of the cost of
carrying out a project under this section shall be 80 percent,
except that, in the case of any scenic byway project along a
public road that provides access to or within Federal or Indian
land, a Federal land management agency may use funds authorized
for use by the agency as the non-Federal share.]
* * * * * * *
Sec. 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
[(3) License suspension.--The term ``license
suspension'' means the suspension of all driving
privileges.]
[(4)] (3) Motor vehicle.--The term ``motor vehicle''
means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line or a commercial vehicle.
[(5)] (4) Repeat intoxicated driver law.--The term
``repeat intoxicated driver law'' means a State law
that provides, as a minimum penalty, that an individual
convicted of a second or subsequent offense for driving
while intoxicated or driving under the influence after
a previous conviction for that offense shall--
[(A) receive--
[(i) a driver's license suspension
for not less than 1 year; or
[(ii) a combination of suspension of
all driving privileges for the first 45
days of the suspension period followed
by a reinstatement of limited driving
privileges for the purpose of getting
to and from work, school, or an alcohol
treatment program if an ignition
interlock device is installed on each
of the motor vehicles owned or
operated, or both, by the individual;]
(A) receive--
(i) a suspension of all driving
privileges for not less than 1 year; or
(ii) a suspension of unlimited
driving privileges for 1 year with
limited driving privileges permitted
(subject to requirements established
under State law) if an ignition
interlock device is installed for not
less than 1 year on each motor vehicle
owned or operated, or both, by the
individual;
* * * * * * *
(b) Transfer of Funds.--
(1) Fiscal years 2001 and 2002.--On October 1, 2000,
and October 1, 2001, if a State has not enacted or is
not enforcing a repeat intoxicated driver law, the
Secretary shall transfer an amount equal to 1 1/2
percent of the funds apportioned to the State on that
date under each of paragraphs (1), (3), and (4) of
section 104(b) to the apportionment of the State under
section 402--
(A) to be used for [alcohol-impaired driving
countermeasures] projects and activities
addressing impaired driving (as such term is
defined in section 402(p)(11)); or
* * * * * * *
Sec. 165. Puerto Rico highway program
[(a) In General.--The Secretary shall allocate funds made
available to carry out this section for each of fiscal years
2005 through 2009 to the Commonwealth of Puerto Rico to carry
out a highway program in the Commonwealth.
[(b) Applicability of Title.--Amounts made available by
section 1101(a)(14) of the SAFETEA-LU shall be available for
obligation in the same manner as if such funds were apportioned
under this chapter.]
(a) Allocation of Funds.--On October 1 of each fiscal year,
the Secretary shall allocate the funds made available for the
fiscal year to carry out this section to the Commonwealth of
Puerto Rico to carry out a highway program in the Commonwealth.
(b) Applicability of Title.--Amounts made available to carry
out this section shall be available for obligation in the same
manner as if such funds were apportioned under this chapter.
(c) Treatment of Funds.--Amounts made available to carry out
this section for a fiscal year shall be administered as
follows:
(1) Apportionment.--For the purpose of imposing any
penalty under this title or title 49, the amounts shall
be treated as being apportioned to Puerto Rico under
[sections 104(b) and 144] section 104(b), for each
program funded under those sections in an amount
determined by multiplying--
(A) * * *
* * * * * * *
(d) Effect on Allocations and Apportionments.--Subject to
subsection (c)(2), nothing in this section affects any
allocation under section 105 and any apportionment under
[sections 104 and 144] section 104.
Sec. 166. HOV facilities
(a) * * *
(b) Exceptions.--
(1) * * *
* * * * * * *
(5) Low emission and energy-efficient vehicles.--
(A) Inherently low emission vehicle.--Before
September 30, [2009] 2016, the State agency may
allow vehicles that are certified as inherently
low-emission vehicles pursuant to section
88.311-93 of title 40, Code of Federal
Regulations (or successor regulations), and are
labeled in accordance with section 88.312-93 of
such title (or successor regulations), to use
the HOV facility if the agency establishes
procedures for enforcing the restrictions on
the use of the facility by the vehicles.
(B) Other low emission and energy-efficient
vehicles.--Before September 30, [2009] 2016,
the State agency may allow vehicles certified
as low emission and energy-efficient vehicles
under subsection (e), and labeled in accordance
with subsection (e), to use the HOV facility if
the operators of the vehicles pay a toll
charged by the agency for use of the facility
and the agency--
(i) * * *
* * * * * * *
(C) Amount of tolls.--Under [subparagraph
(B)] this paragraph, a State agency may charge
no toll or may charge a toll that is less than
or equal to tolls charged under paragraph (4).
(c) Requirements Applicable to Tolls.--
(1) * * *
* * * * * * *
[(3) Excess toll revenues.--If a State agency makes a
certification under section 129(a)(3) with respect to
toll revenues collected under paragraphs (4) and (5) of
subsection (b), the State, in the use of toll revenues
under that sentence, shall give priority consideration
to projects for developing alternatives to single
occupancy vehicle travel and projects for improving
highway safety.]
(3) Toll revenue.--Toll revenue collected under this
section is subject to the requirements of section
129(a)(3).
(d) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
(1) * * *
(2) Degraded facility.--
(A) * * *
* * * * * * *
(D) Maintenance of operating performance.--
Not later than 6 months after a facility has
been determined to be degraded pursuant to the
standard specified in subparagraph (B), the
State agency with jurisdiction over the
facility shall bring the facility into
compliance with the minimum average operating
speed performance standard through changes to
operation of the facility, including--
(i) increasing the occupancy
requirement for HOV lanes;
(ii) varying the toll charged to
vehicles allowed under subsection (b)
to reduce demand;
(iii) discontinuing allowing non-HOV
vehicles to use HOV lanes under
subsection (b); or
(iv) increasing the available
capacity of the HOV facility.
* * * * * * *
Sec. 167. Integration of planning and environmental review
(a) Definitions.--In this section, the following definitions
apply:
(1) Environmental review process.--
(A) In general.--The term ``environmental
review process'' means the process for
preparing for a project an environmental impact
statement, environmental assessment,
categorical exclusion, or other document
prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions.--The term ``environmental
review process'' includes the process for and
completion of any environmental permit,
approval, review, or study required for a
project under any Federal law other than the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Planning product.--The term ``planning product''
means any decision, analysis, study, or other
documented result of an evaluation or decisionmaking
process carried out during transportation planning.
(3) Project.--The term ``project'' means any highway
project or program of projects, public transportation
capital project or program of projects, or multimodal
project or program of projects that requires the
approval of the Secretary.
(4) Project sponsor.--The term ``project sponsor''
means the agency or other entity, including any private
or public-private entity, that seeks approval of the
Secretary for a project.
(b) Purpose and Findings.--
(1) Purpose.--The purpose of this section is to
establish the authority and provide procedures for
achieving integrated planning and environmental review
processes to--
(A) enable statewide and metropolitan
planning processes to more effectively serve as
the foundation for project decisions;
(B) foster better decisionmaking;
(C) reduce duplication in work;
(D) avoid delays in transportation
improvements; and
(E) better transportation and environmental
results for communities and the United States.
(2) Findings.--Congress finds the following:
(A) This section is consistent with and is
adopted in furtherance of sections 101 and 102
of the National Environmental Policy Act of
1969 (42 U.S.C. 4331 and 4332) and section 109
of this title.
(B) This section should be broadly construed
and may be applied to any project, class of
projects, or program of projects carried out
under this title or chapter 53 of title 49.
(c) Adoption of Planning Products for Use in NEPA
Proceedings.--
(1) In general.--Notwithstanding any other provision
of law and subject to the conditions set forth in
subsection (e), the Federal lead agency for a project,
at the request of the project sponsors, may adopt and
use a planning product in proceedings relating to any
class of action in the environmental review process of
the project.
(2) Partial adoption of planning products.--The
Federal lead agency may adopt a planning product under
paragraph (1) in its entirety or may select portions
for adoption.
(3) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product shall be
made at the time the lead agencies decide the
appropriate scope of environmental review for the
project.
(d) Applicability.--
(1) Planning decisions.--Planning decisions that may
be adopted pursuant to this section include--
(A) a purpose and need or goals and
objectives statement for the project, including
with respect to whether tolling, private
financial assistance, or other special
financial measures are necessary to implement
the project;
(B) a decision with respect to travel
corridor location, including project termini;
(C) a decision with respect to modal choice,
including a decision to implement corridor or
subarea study recommendations to advance
different modal solutions as separate projects
with independent utility;
(D) a decision with respect to the
elimination of unreasonable alternatives and
the selection of the range of reasonable
alternatives for detailed study during the
environmental review process;
(E) a basic description of the environmental
setting;
(F) a decision with respect to methodologies
for analysis; and
(G) identifications of programmatic level
mitigation for potential impacts that the
Federal lead agency, in consultation with
Federal, State, local, and tribal resource
agencies, determines are most effectively
addressed at a regional or national program
level, including--
(i) system-level measures to avoid,
minimize, or mitigate impacts of
proposed transportation investments on
environmental resources, including
regional ecosystem and water resources;
and
(ii) potential mitigation activities,
locations, and investments.
(2) Planning analyses.--Planning analyses that may be
adopted pursuant to this section include studies with
respect to--
(A) travel demands;
(B) regional development and growth;
(C) local land use, growth management, and
development;
(D) population and employment;
(E) natural and built environmental
conditions;
(F) environmental resources and
environmentally sensitive areas;
(G) potential environmental effects,
including the identification of resources of
concern and potential cumulative effects on
those resources, identified as a result of a
statewide or regional cumulative effects
assessment; and
(H) mitigation needs for a proposed action,
or for programmatic level mitigation, for
potential effects that the Federal lead agency
determines are most effectively addressed at a
regional or national program level.
(e) Conditions.--Adoption and use of a planning product under
this section is subject to a determination by the Federal lead
agency, in consultation with joint lead agencies and project
sponsors as appropriate, that the following conditions have
been met:
(1) The planning product was developed through a
planning process conducted pursuant to applicable
Federal law.
(2) The planning process included broad
multidisciplinary consideration of systems-level or
corridor-wide transportation needs and potential
effects.
(3) During the planning process, notice was provided
through publication or other means to Federal, State,
and local government agencies and tribal governments
that might have an interest in the proposed project,
and to members of the general public, of the planning
products that the planning process might produce and
that might be relied on during the environmental review
process, and such entities have been provided an
appropriate opportunity to participate in the planning
process leading to such planning product.
(4) Prior to determining the scope of environmental
review for the project, the joint lead agencies have
made documentation relating to the planning product
available to Federal, State, and local governmental
agencies and tribal governments that may have an
interest in the proposed action, and to members of the
general public.
(5) There is no significant new information or new
circumstance that has a reasonable likelihood of
affecting the continued validity or appropriateness of
the planning product.
(6) The planning product is based on reliable and
reasonably current data and reasonable and
scientifically acceptable methodologies.
(7) The planning product is documented in sufficient
detail to support the decision or the results of the
analysis and to meet requirements for use of the
information in the environmental review process.
(8) The planning product is appropriate for adoption
and use in the environmental review process for the
project.
(f) Effect of Adoption.--Notwithstanding any other provision
of law, any planning product adopted by the Federal lead agency
in accordance with this section shall not be reconsidered or
made the subject of additional interagency consultation during
the environmental review process of the project unless the
Federal lead agency, in consultation with joint lead agencies
and project sponsors as appropriate, determines that there is
significant new information or new circumstances that affect
the continued validity or appropriateness of the adopted
planning product. Any planning product adopted by the Federal
lead agency in accordance with this section may be relied upon
and used by other Federal agencies in carrying out reviews of
the project.
(g) Rule of Construction.--This section may not be construed
to make the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) process applicable to the transportation
planning process conducted under chapter 52 of title 49.
Initiation of the National Environmental Policy Act of 1969
process as a part of, or concurrently with, transportation
planning activities does not subject transportation plans and
programs to the National Environmental Policy Act of 1969
process. This section may not be construed to affect the use of
planning products in the National Environmental Policy Act of
1969 process pursuant to other authorities under law or to
restrict the initiation of the National Environmental Policy
Act of 1969 process during planning.
Sec. 168. Development of programmatic mitigation plans
(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan
planning organization may develop one or more programmatic
mitigation plans to address the potential environmental impacts
of future transportation projects.
(b) Scope.--
(1) Scale.--A programmatic mitigation plan may be
developed on a regional, ecosystem, watershed, or
statewide scale.
(2) Resources.--The plan may encompass multiple
environmental resources within a defined geographic
area or may focus on a specific resource, such as
aquatic resources, parklands, or wildlife habitat.
(3) Project impacts.--The plan may address impacts
from all projects in a defined geographic area or may
focus on a specific type of project, such as bridge
replacements.
(4) Consultation.--The scope of the plan shall be
determined by the State or metropolitan planning
organization, as appropriate, in consultation with the
agency or agencies with jurisdiction over the resources
being addressed in the mitigation plan.
(c) Contents.--A programmatic mitigation plan may include--
(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan,
including an assessment of recent trends and any
potential threats to those resources;
(2) an assessment of potential opportunities to
improve the overall quality of environmental resources
in the geographic area covered by the plan, through
strategic mitigation for impacts of transportation
projects;
(3) standard measures for mitigating certain types of
impacts;
(4) parameters for determining appropriate mitigation
for certain types of impacts, such as mitigation ratios
or criteria for determining appropriate mitigation
sites;
(5) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to
information gathered through the monitoring; and
(6) acknowledgment of specific statutory or
regulatory requirements that must be satisfied when
determining appropriate mitigation for certain types of
resources.
(d) Process.--Before adopting a programmatic mitigation plan,
a State or metropolitan planning organization shall--
(1) consult with the agency or agencies with
jurisdiction over the environmental resources
considered in the programmatic mitigation plan;
(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies
and the public;
(3) consider any comments received from such agencies
and the public on the draft plan; and
(4) address such comments in the final plan.
(e) Integration With Other Plans.--A programmatic mitigation
plan may be integrated with other plans, including watershed
plans, ecosystem plans, species recovery plans, growth
management plans, and land use plans.
(f) Consideration in Project Development and Permitting.--If
a programmatic mitigation plan has been developed pursuant to
this section, any Federal agency responsible for environmental
reviews, permits, or approvals for a transportation project
shall give substantial weight to the recommendations in a
programmatic mitigation plan when carrying out their
responsibilities under applicable laws.
(g) Preservation of Existing Authorities.--Nothing in this
section limits the use of programmatic approaches to reviews
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
* * * * * * *
CHAPTER 2--OTHER HIGHWAYS
Sec.
[201. Authorizations.
[202. Allocations.
[203. Availability of funds.
[204. Federal lands highways program.]
201. General provisions.
202. Tribal transportation program.
203. Federal lands transportation program.
* * * * * * *
207. Tribal transportation self-governance program.
* * * * * * *
[212. Inter-American Highway.]
* * * * * * *
[214. Public lands development roads and trails.]
* * * * * * *
[216. Darien Gap Highway.]
* * * * * * *
[Sec. 201. Authorizations
[The provision of this title shall apply to all
unappropriated authorizations contained in prior Acts, and also
to all unexpended appropriations heretofore made, providing for
the expenditure of Federal funds on the following classes of
highways: Forest highways, forest development roads and trails,
park road, parkways, Indian reservation roads, refuge roads,
public lands highways, and defense access roads. All such
authorizations and appropriations shall continue in full force
and effect, but hereafter obligations entered into and
expenditures made pursuant thereto shall be subject to the
provisions of this title.
[Sec. 202. Allocations
[(a) Allocation Based on Need.--
[(1) In general.--On October 1 of each fiscal year,
the Secretary shall allocate sums authorized to be
appropriated for the fiscal year for forest development
roads and trails according to the relative needs of the
various national forests and grasslands.
[(2) Planning.--The allocation under paragraph (1)
shall be consistent with the renewable resource and
land use planning for the various national forests.
(b) Allocation for Public Lands Highways.--
[(1) Public lands highways.--
[(A) In general.--On October 1 of each fiscal
year, the Secretary shall allocate 34 percent
of the sums authorized to be appropriated for
that fiscal year for public lands highways
among those States having unappropriated or
unreserved public lands, nontaxable Indian
lands, or other Federal reservations, on the
basis of need in the States, respectively, as
determined by the Secretary, on application of
the State transportation departments of the
respective States.
[(B) Preference.--In making the allocation
under subparagraph (A), the Secretary shall
give preference to those projects that are
significantly impacted by Federal land and
resource management activities that are
proposed by a State that contains at least 3
percent of the total public land in the United
States.
[(2) Forest highways.--
[(A) In general.--On October 1 of each fiscal
year, the Secretary shall allocate 66 percent
of the funds authorized to be appropriated for
public lands highways for forest highways in
accordance with section 134 of the Federal-Aid
Highway Act of 1987 (23 U.S.C. 202 note; 101
Stat. 173).
[(B) Public access to and within national
forest system.--In making the allocation under
subparagraph (A), the Secretary shall give
equal consideration to projects that provide
access to and within the National Forest
System, as identified by the Secretary of
Agriculture through--
[(i) renewable resource and land use
planning; and
[(ii) assessments of the impact of
that planning on transportation
facilities.
[(c) On October 1 of each fiscal year, the Secretary shall
allocate the sums authorized to be appropriated for such fiscal
year for park roads and parkways each according to the relative
needs of the various elements of the national park system,
taking into consideration the need for access as identified
through land use planning and the impact of such planning on
existing transportation facilities.
[(d) Indian Reservation Roads.--
[(1) For fiscal years ending before October 1,
1999.--On October 1 of each fiscal year ending before
October 1, 1999, the Secretary shall allocate the sums
authorized to be appropriated for such fiscal year for
Indian reservation roads according to the relative
needs of the various reservations as jointly identified
by the Secretary and the Secretary of the Interior.
[(2) Fiscal year 2000 and thereafter.--
[(A) In general.--All funds authorized to be
appropriated for Indian reservation roads shall
be allocated among Indian tribes for fiscal
year 2000 and each subsequent fiscal year in
accordance with a formula established by the
Secretary of the Interior under a negotiated
rulemaking procedure under subchapter III of
chapter 5 of title 5.
[(B) Regulations.--Notwithstanding sections
563(a) and 565(a) of title 5, the Secretary of
the Interior shall issue regulations governing
the Indian reservation roads program, and
establishing the funding formula for fiscal
year 2000 and each subsequent fiscal year under
this paragraph, in accordance with a negotiated
rulemaking procedure under subchapter III of
chapter 5 of title 5. The regulations shall be
issued in final form not later than April 1,
1999, and shall take effect not later than
October 1, 1999.
[(C) Negotiated rulemaking committee.--In
establishing a negotiated rulemaking committee
to carry out subparagraph (B), the Secretary of
the Interior shall--
[(i) apply the procedures under
subchapter III of chapter 5 of title 5
in a manner that reflects the unique
government-to-government relationship
between the Indian tribes and the
United States; and
[(ii) ensure that the membership of
the committee includes only
representatives of the Federal
Government and of geographically
diverse small, medium, and large Indian
tribes.
[(D) Basis for funding formula.--The funding
formula established for fiscal year 2000 and
each subsequent fiscal year under this
paragraph shall be based on factors that
reflect--
[(i) the relative needs of the Indian
tribes, and reservation or tribal
communities, for transportation
assistance; and
[(ii) the relative administrative
capacities of, and challenges faced by,
various Indian tribes, including the
cost of road construction in each
Bureau of Indian Affairs area,
geographic isolation and difficulty in
maintaining all-weather access to
employment, commerce, health, safety,
and educational resources.
[(E) Transferred funds.--
[(i) In general.--Not later than 30
days after the date on which funds are
made available to the Secretary of the
Interior under this paragraph, the
funds shall be distributed to, and
available for immediate use by, the
eligible Indian tribes, in accordance
with the formula for distribution of
funds under the Indian reservation
roads program.
[(ii) Use of funds.--Notwithstanding
any other provision of this section,
funds available to Indian tribes for
Indian reservation roads shall be
expended on projects identified in a
transportation improvement program
approved by the Secretary.
[(F) Administrative expenses.--
[(i) In general.--Of the funds
authorized to be appropriated for
Indian reservation roads, $20,000,000
for fiscal year 2006, $22,000,000 for
fiscal year 2007, $24,500,000 for
fiscal year 2008, and $27,000,000 for
fiscal year 2009 may be used by the
Secretary of the Interior for program
management and oversight and project-
related administrative expenses.
[(ii) Health and safety assurances.--
Notwithstanding any other provision of
law, an Indian tribal government may
approve plans, specifications, and
estimates and commence road and bridge
construction with funds made available
for Indian reservation roads under the
Transportation Equity Act for the 21st
Century (Public Law 105-178) and
SAFETEA-LU through a contract or
agreement under the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b et seq.) if the
Indian tribal government--
[(I) provides assurances in
the contract or agreement that
the construction will meet or
exceed applicable health and
safety standards;
[(II) obtains the advance
review of the plans and
specifications from a State-
licensed civil engineer that
has certified that the plans
and specifications meet or
exceed the applicable health
and safety standards; and
[(III) provides a copy of the
certification under subclause
(I) to the Deputy Assistant
Secretary for Tribal Government
Affairs or the Assistant
Secretary for Indian Affairs,
as appropriate.
[(G) National tribal transportation facility
inventory.--
[(i) In general.--Not later than 2
years after the date of enactment of
the SAFETEA-LU, the Secretary, in
cooperation with the Secretary of the
Interior, shall complete a
comprehensive national inventory of
transportation facilities that are
eligible for assistance under the
Indian reservation roads program.
[(ii) Transportation facilities
included in the inventory.--For
purposes of identifying the tribal
transportation system and determining
the relative transportation needs among
Indian tribes, the Secretary shall
include, at a minimum, transportation
facilities that are eligible for
assistance under the Indian reservation
roads program that a tribe has
requested, including facilities that--
[(I) were included in the
Bureau of Indian Affairs system
inventory for funding formula
purposes in 1992 or any
subsequent fiscal year;
[(II) were constructed or
reconstructed with funds from
the Highway Trust Funds (other
than the Mass Transit Account)
under the Indian reservation
roads program since 1983;
[(III) are owned by an Indian
tribal government; or
[(IV) are community streets
or bridges within the exterior
boundary of Indian
reservations, Alaska Native
villages, and other recognized
Indian communities (including
communities in former Indian
reservations in Oklahoma) in
which the majority of residents
are American Indians or Alaska
Natives; or
[(V) are primary access
routes proposed by tribal
governments, including roads
between villages, roads to
landfills, roads to drinking
water sources, roads to natural
resources identified for
economic development, and roads
that provide access to
intermodal termini, such as
airports, harbors, or boat
landings.
[(iii) Limitation on primary access
routes.--For purposes of this
subparagraph, a proposed primary access
route is the shortest practicable route
connecting 2 points of the proposed
route.
[(iv) Additional facilities.--Nothing
in this subparagraph shall preclude the
Secretary from including additional
transportation facilities that are
eligible for funding under the Indian
reservation roads program in the
inventory used for the national funding
allocation if such additional
facilities are included in the
inventory in a uniform and consistent
manner nationally.
[(v) Report to Congress.--Not later
than 90 days after the date of
completion of the inventory under this
subparagraph, the Secretary shall
prepare and submit a report to Congress
that includes the data gathered and the
results of the inventory.
[(3) Contracts and agreements with Indian tribes.--
[(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available under this chapter and
section 125(e) for Indian reservation roads and
for highway bridges located on Indian
reservation roads to pay for the costs of
programs, services, functions, and activities,
or portions thereof, that are specifically or
functionally related to the cost of planning,
research, engineering, and construction of any
highway, road, bridge, parkway, or transit
facility that provides access to or is located
within the reservation or community of an
Indian tribe shall be made available, upon
request of the Indian tribal government, to the
Indian tribal government for contracts and
agreements for such planning, research,
engineering, and construction in accordance
with the Indian Self-Determination and
Education Assistance Act.
[(B) Exclusion of agency participation.--
Funds for programs, functions, services, or
activities, or portions thereof, including
supportive administrative functions that are
otherwise contractible to which subparagraph
(A) applies, shall be paid in accordance with
subparagraph (A) without regard to the
organizational level at which the Department of
the Interior that has previously carried out
such programs, functions, services, or
activities.
[(4) Reservation of funds.--
[(A) Nationwide priority program.--The
Secretary shall establish a nationwide priority
program for improving deficient Indian
reservation road bridges.
[(B) Funding.--
[(i) Authorization of
appropriations.--In addition to any
other funds made available for Indian
reservation roads for each fiscal year,
there is authorized to be appropriated
from the Highway Trust Fund (other than
the Mass Transit Account) $14,000,000
for each of fiscal years 2005 through
2009 to carry out planning, design,
engineering, preconstruction,
construction, and inspection of
projects to replace, rehabilitate,
seismically retrofit, paint, apply
calcium magnesium acetate, sodium
acetate/formate, or other
environmentally acceptable, minimally
corrosive anti-icing and de-icing
compositions or install scour
countermeasures for deficient Indian
reservation road bridges, including
multiple-pipe culverts.
[(ii) Availability.--Funds made
available to carry out this
subparagraph shall be available for
obligation in the same manner as if
such funds were apportioned under
chapter 1.
[(C) Eligible bridges.--To be eligible to
receive funding under this subsection, a bridge
described in subparagraph (A) must--
[(i) have an opening of 20 feet or
more;
[(ii) be on an Indian reservation
road;
[(iii) be structurally deficient or
functionally obsolete; and
[(iv) be recorded in the national
bridge inventory administered by the
Secretary under subsection (b).
[(D) Approval requirement.--
[(i) In general.--Subject to clause
(ii), on request by an Indian tribe or
the Secretary of the Interior, the
Secretary may make funds available
under this subsection for preliminary
engineering for Indian reservation road
bridge projects.
[(ii) Construction and construction
engineering.--The Secretary may make
funds available under clause (i) for
construction and construction
engineering after approval of
applicable plans, specifications, and
estimates in accordance with this
title.
[(5) Contracts and agreements with Indian tribes.--
[(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available to an Indian tribal
government under this chapter for a highway,
road, bridge, parkway, or transit facility
program or project that is located on an Indian
reservation or provides access to the
reservation or a community of the Indian tribe
shall be made available, on the request of the
Indian tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts and agreements for the
planning, research, design, engineering,
construction, and maintenance relating to the
program or project.
[(B) Exclusion of agency participation.--In
accordance with subparagraph (A), all funds for
a program or project to which subparagraph (A)
applies shall be paid to the Indian tribal
government without regard to the organizational
level at which the Department of the Interior
has previously carried out, or the Department
of Transportation has previously carried out
under the Federal lands highway programs, the
programs, functions, services, or activities
involved.
[(C) Consortia.--Two or more Indian tribes
that are otherwise eligible to participate in a
program or project to which this chapter
applies may form a consortium to be considered
as a single Indian tribe for the purpose of
participating in the project under this
section.
[(D) Secretary as signatory.--Notwithstanding
any other provision of law, the Secretary is
authorized to enter into a funding agreement
with an Indian tribal government to carry out a
highway, road, bridge, parkway, or transit
program or project under subparagraph (A) that
is located on an Indian reservation or provides
access to the reservation or a community of the
Indian tribe.
[(E) Funding.--The amount an Indian tribal
government receives for a program or project
under subparagraph (A) shall equal the sum of
the funding that the Indian tribal government
would otherwise receive for the program or
project in accordance with the funding formula
established under this subsection and such
additional amounts as the Secretary determines
equal the amounts that would have been withheld
for the costs of the Bureau of Indian Affairs
for administration of the program or project.
[(F) Eligibility.--
[(i) In general.--Subject to clause
(ii), funds may be made available under
subparagraph (A) to an Indian tribal
government for a program or project in
a fiscal year only if the Indian tribal
government requesting such funds
demonstrates to the satisfaction of the
Secretary financial stability and
financial management capability during
the 3 fiscal years immediately
preceding the fiscal year for which the
request is being made.
[(ii) Criteria for determining
financial stability and financial
management capability.--An Indian
tribal government that had no
uncorrected significant and material
audit exceptions in the required annual
audit of the Indian tribal government
self-determination contracts or self-
governance funding agreements with any
Federal agency during the 3-fiscal year
period referred in clause (i) shall be
conclusive evidence of the financial
stability and financial management
capability for purposes of clause (i).
[(G) Assumption of functions and duties.--An
Indian tribal government receiving funding
under subparagraph (A) for a program or project
shall assume all functions and duties that the
Secretary of the Interior would have performed
with respect to a program or project under this
chapter, other than those functions and duties
that inherently cannot be legally transferred
under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b et
seq.).
[(H) Powers.--An Indian tribal government
receiving funding under subparagraph (A) for a
program or project shall have all powers that
the Secretary of the Interior would have
exercised in administering the funds
transferred to the Indian tribal government for
such program or project under this section if
the funds had not been transferred, except to
the extent that such powers are powers that
inherently cannot be legally transferred under
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.).
[(I) Dispute resolution.--In the event of a
disagreement between the Secretary or the
Secretary of the Interior and an Indian tribe
over whether a particular function, duty, or
power may be lawfully transferred under the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.), the
Indian tribe shall have the right to pursue all
alternative dispute resolutions and appeal
procedures authorized by such Act, including
regulations issued to carry out such Act.
[(J) Termination of contract or agreement.--
On the date of the termination of a contract or
agreement under this section by an Indian
tribal government, the Secretary shall transfer
all funds that would have been allocated to the
Indian tribal government under the contract or
agreement to the Secretary of the Interior to
provide continued transportation services in
accordance with applicable law.
[(e) Refuge Roads.--On October 1 of each fiscal year, the
Secretary shall allocate the sums made available for that
fiscal year for refuge roads according to the relative needs of
the various refuges in the National Wildlife Refuge System, and
taking into consideration--
[(1) the comprehensive conservation plan for each
refuge;
[(2) the need for access as identified through land
use planning; and
[(3) the impact of land use planning on existing
transportation facilities.
[Sec. 203. Availability of funds
[Funds authorized for forest development roads and trails,
public lands development roads and trails, park road, parkways,
refuge roads, Indian reservation roads, and public lands
highways shall be available for contract upon apportionment, or
on October 1, of the fiscal year for which authorized if no
apportionment is required. Any amount remaining unexpended for
a period of three years after the close of the fiscal year for
which authorized shall lapse. The Secretary of the Department
charged with the administration of such funds is granted
authority to incur obligations, approve projects, and enter
into contracts under such authorizations and his action in
doing so shall be deemed a contractual obligation of the United
States for the payment of the cost thereof and such funds shall
be deemed to have been expended when so obligated. Any funds
heretofore or hereafter authorized for any fiscal year for
forest development roads and trails, public lands development
roads and trails, park road, parkways, refuge roads, Indian
roads, and public lands highways shall be deemed to have been
expended if a sum equal to the total of the sums authorized for
such fiscal year and previous fiscal years since and including
the fiscal year ending June 30, 1955, shall have been
obligated. Any of such funds released by payment of final
voucher or modification of project authorizations shall be
credited to the balance of unobligated authorizations and be
immediately available for expenditure. Notwithstanding any
other provision of law, the authorization by the Secretary of
engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans,
specifications, and estimates for construction of a Federal
lands highways program project, shall be deemed to constitute a
contractual obligation of the Federal Government to pay the
Federal share of the cost of the project.
[Sec. 204. Federal Lands Highways Program
[(a) Establishment.--
[(1) In general.--Recognizing the need for all
Federal roads that are public roads to be treated under
uniform policies similar to the policies that apply to
Federal-aid highways, there is established a
coordinated Federal lands highways program that shall
apply to public lands highways, park roads and
parkways, refuge roads, and Indian reservation roads
and bridges.
[(2) Transportation planning procedures.--In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
develop, by rule, transportation planning procedures
that are consistent with the metropolitan and statewide
planning processes required under sections 134 and 135.
[(3) Approval of transportation improvement
program.--The transportation improvement program
developed as a part of the transportation planning
process under this section shall be approved by the
Secretary.
[(4) Inclusion in other plans.--All regionally
significant Federal lands highways program projects--
[(A) shall be developed in cooperation with
States and metropolitan planning organizations;
and
[(B) shall be included in appropriate Federal
lands highways program, State, and metropolitan
plans and transportation improvement programs.
[(5) Inclusion in state programs.--The approved
Federal lands highways program transportation
improvement program shall be included in appropriate
State and metropolitan planning organization plans and
programs without further action on the transportation
improvement program.
[(6) Development of systems.--The Secretary and the
Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, develop by
rule safety, bridge, pavement, and congestion
management systems for roads funded under the Federal
lands highways program.
[(b) Use of Funds.--
[(1) In general.--Funds made available for public
lands highways, park roads and parkways, and Indian
reservation roads shall be used by the Secretary and
the Secretary of the appropriate Federal land
management agency to pay the cost of--
[(A) transportation planning, research, and
engineering and construction of, highways,
roads, parkways, and transit facilities located
on public lands, national parks, and Indian
reservations; and
[(B) operation and maintenance of transit
facilities located on public lands, national
parks, and Indian reservations.
[(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to such activity with--
[(A) a State (including a political
subdivision of a State); or
[(B) an Indian tribe.
[(3) Indian reservation roads.--In the case of an
Indian reservation road--
[(A) Indian labor may be employed, in
accordance with such rules and regulations as
may be promulgated by the Secretary of the
Interior, to carry out any construction or
other activity described in paragraph (1); and
[(B) funds made available to carry out this
section may be used to pay bridge
preconstruction costs (including planning,
design, and engineering).
[(4) Federal employment.--No maximum limitation on
Federal employment shall be applicable to construction
or improvement of Indian reservation roads.
[(5) Availability of funds.--Funds made available
under this section for each class of Federal lands
highways shall be available for any transportation
project eligible for assistance under this title that
is within or adjacent to, or that provides access to,
the areas served by the particular class of Federal
lands highways.
[(6) Reservation of funds.--The Secretary of the
Interior may reserve funds from administrative funds of
the Bureau of Indian Affairs that are associated with
the Indian reservation roads program to finance Indian
technical centers under section 504(b).
[(c) Before approving as a project on an Indian reservation
road any project eligible for funds apportioned under section
104 or section 144 of this title in a State, the Secretary must
determine that the obligation of funds for such project is
supplementary to and not in lieu of the obligation, for
projects on Indian reservation roads, of a fair and equitable
share of funds apportioned to such State under section 104 of
this title. Notwithstanding any other provision of this title,
of the amount of funds allocated for Indian reservation roads
from the Highway Trust Fund, not more than 25 percent of the
funds allocated to an Indian tribe may be expended for the
purpose of maintenance, excluding road sealing which shall not
be subject to any limitation. The Bureau of Indian Affairs
shall continue to retain primary responsibility, including
annual funding request responsibility, for road maintenance
programs on Indian reservations. The Secretary shall ensure
that funding made available under this subsection for
maintenance of Indian reservation roads for each fiscal year is
supplementary to and not in lieu of any obligation of funds by
the Bureau of Indian Affairs for road maintenance programs on
Indian reservations.
[(d) Cooperation of States, counties, or other local
subdivisions may be accepted in construction and improvement,
and any funds received from a State, county, or local
subdivision shall be credited to appropriations available for
the class of Federal lands highways to which such funds were
contributed.
[(e) Construction of each project shall be performed by
contract awarded by competitive bidding, unless the Secretary
or the Secretary of the appropriate Federal land management
agency shall affirmatively find that, under the circumstances
relating to such project, some other method is in the public
interest. Notwithstanding the foregoing, the provisions of
section 23 of the ``Buy Indian'' Act of June 25, 1910 (36 Stat.
891), and the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (88 Stat. 2205)
shall apply to all funds administered by the Secretary of the
Interior which are appropriated for the construction and
improvement of Indian reservation roads.
[(f) All appropriations for the construction and improvement
of each class of Federal lands highways shall be administered
in conformity with regulations and agreements jointly approved
by the Secretary and the Secretary of the appropriate Federal
land managing agency.
[(g) The Secretary shall transfer to the Secretary of
Agriculture from appropriations for forest highways such
amounts as may be needed to cover necessary administrative
expenses of the Forest Service in connection with forest
highways.
[(h) Eligible Projects.--Funds available for each class of
Federal lands highways may be available for the following:
[(1) Transportation planning for tourism and
recreational travel including the National Forest
Scenic Byways Program, Bureau of Land Management Back
Country Byways Program, National Trail System Program,
and other similar Federal programs that benefit
recreational development.
[(2) Adjacent vehicular parking areas.
[(3) Interpretive signage.
[(4) Acquisition of necessary scenic easements and
scenic or historic sites.
[(5) Provision for pedestrians and bicycles.
[(6) Construction and reconstruction of roadside rest
areas including sanitary and water facilities.
[(7) Other appropriate public road facilities such as
visitor centers as determined by the Secretary.
[(8) A project to build a replacement of the
federally owned bridge over the Hoover Dam in the Lake
Mead National Recreation Area between Nevada and
Arizona.
[(i) Transfers of Costs to Secretaries of Federal Land
Management Agencies.--
[(1) Administrative costs.--The Secretary shall
transfer to the appropriate Federal land management
agency from amounts made available for public lands
highways such amounts as are necessary to pay necessary
administrative costs of the agency in connection with
public lands highways.
[(2) Transportation planning costs.--The Secretary
shall transfer to the appropriate Federal land
management agency from amounts made available for
public lands highways such amounts as are necessary to
pay the cost to the agency to conduct necessary
transportation planning for Federal lands, if funding
for the planning is not otherwise provided under this
section.
[(j) Indian Reservation Roads Planning.--Up to 2 percent of
funds made available for Indian reservation roads for each
fiscal year shall be allocated to those Indian tribal
governments applying for transportation planning pursuant to
the provisions of the Indian Self-Determination and Education
Assistance Act. The Indian tribal government, in cooperation
with the Secretary of the Interior, and as appropriate, with a
State, local government, or metropolitan planning organization,
shall carry out a transportation planning process in accordance
with subsection (a). Projects shall be selected by the Indian
tribal government from the transportation improvement program
and shall be subject to the approval of the Secretary of the
Interior and the Secretary.
[(k) Refuge Roads.--
[(1) In general.--Notwithstanding any other provision
of this title, funds made available for refuge roads
shall be used by the Secretary and the Secretary of the
Interior only to pay the cost of--
[(A) maintenance and improvements of refuge
roads;
[(B) maintenance and improvements of eligible
projects described in paragraphs (2), (3), (5),
and (6) of subsection (h) that are located in
or adjacent to wildlife refuges;
[(C) administrative costs associated with
such maintenance and improvements;
[(D) the non-Federal share of the cost of any
project funded under this title or chapter 53
of title 49 that provides access to or within a
wildlife refuge; and
[(E) maintenance and improvement of
recreational trails; except that expenditures
on trails under this subparagraph shall not
exceed 5 percent of available funds for each
fiscal year.
[(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the Interior, as
appropriate, may enter into contracts with a State or
civil subdivision of a State or Indian tribe as is
determined advisable.
[(3) Compliance with other law.--Funds made available
for refuge roads shall be used only for projects that
are in compliance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et
seq.).
[(l) Tribal-State Road Maintenance Agreements.--
[(1) In general.--An Indian tribe and a State may
enter into a road maintenance agreement under which an
Indian tribe assumes the responsibilities of the State
for--
[(A) Indian reservation roads; and
[(B) roads providing access to Indian
reservation roads.
[(2) Tribal-state agreements.--Agreements entered
into under paragraph (1)--
[(A) shall be negotiated between the State
and the Indian tribe; and
[(B) shall not require the approval of the
Secretary.
[(3) Annual report.--Effective beginning with fiscal
year 2005, the Secretary shall prepare and submit to
Congress an annual report that identifies--
[(A) the Indian tribes and States that have
entered into agreements under paragraph (1);
[(B) the number of miles of roads for which
Indian tribes have assumed maintenance
responsibilities; and
[(C) the amount of funding transferred to
Indian tribes for the fiscal year under
agreements entered into under paragraph (1).]
Sec. 201. General provisions
(a) Purpose.--Recognizing the need for all Federal lands
transportation facilities and tribal transportation facilities
to be treated under uniform policies similar to the policies
that apply to Federal-aid highways and other public road and
transit facilities constructed with Federal assistance, the
Secretary, in consultation with the Secretary of each Federal
land management agency, shall establish and coordinate, in
accordance with the requirements of this section, a uniform
policy for all transportation facilities constructed under a
covered program.
(b) Covered Program Defined.--In this section, the term
``covered program'' means--
(1) the tribal transportation program established
under section 202; and
(2) the Federal lands transportation program
established under section 203.
(c) Availability of Funds.--
(1) Availability.--Funds made available to carry out
a covered program shall be available for contract--
(A) upon apportionment; or
(B) if no apportionment is required, on
October 1 of the fiscal year for which
authorized.
(2) Period of availability.--Funds apportioned or
allocated to carry out a covered program shall remain
available for obligation for a period of 3 years after
the last day of the fiscal year for which the funds are
authorized. Any amounts so apportioned or allocated
that remain unobligated at the end of that period shall
lapse.
(3) Authority of department secretaries.--
(A) Authority to incur obligations, approve
projects, and enter into contracts.--The
Secretary of a Department charged with the
administration of funds made available to carry
out a covered program may incur obligations,
approve projects, and enter into contracts with
respect to such funds.
(B) Contractual obligations.--A Secretary's
action under subparagraph (A) shall be deemed
to be a contractual obligation of the United
States to pay the cost thereof, and the funds
subject to the action shall be deemed to have
been expended when so obligated.
(4) Expenditure.--Any funds made available to carry
out a covered program for a fiscal year shall be deemed
to have been expended if a sum equal to the total of
the sums appropriated for the fiscal year and previous
fiscal years have been obligated. Any of such funds
released by payment of final voucher or modification of
project authorizations shall be credited to the balance
of unobligated appropriations and be immediately
available for expenditure.
(5) Authority of secretary.--
(A) Obligating funds for covered programs.--
Notwithstanding any other provision of law,
either of the following actions shall be deemed
to constitute a contractual obligation of the
United States to pay the total eligible cost of
any construction project funded under a covered
program:
(i) The authorization by the
Secretary, or the Secretary of a
Department charged with the
administration of funds made available
to carry out a covered program, of
engineering and related work for the
development, design, and acquisition
associated with the project, whether
performed by contract or agreement
authorized by law.
(ii) The approval by the Secretary,
or the Secretary of a Department
charged with the administration of
funds made available to carry out a
covered program, of plans,
specifications, and estimates for the
project.
(B) Limitation on statutory construction.--
Nothing in this paragraph may be construed to
affect the application of the Federal share
associated with a project undertaken under a
covered program or to modify the point of
obligation associated with Federal salaries and
expenses.
(6) Redistribution of unused obligation authority.--
To the extent that the Secretary is otherwise required
to redistribute unused obligation authority
appropriated for purposes other than section 202, a
minimum of 10 percent of such unused obligation
authority shall be allocated and distributed by the
Secretary to entities eligible to receive funds under
such section for purposes of funding competitively
awarded high priority projects ensuring greater safe
access to markets for American Indian and Alaska Native
communities that are, relative to other American Indian
and Alaska Native communities, more remotely located
from product and essential service markets.
(d) Federal Share.--
(1) In general.--Except as provided by paragraph (2),
the Federal share payable on account of a project
carried out under a covered program shall be 100
percent of the total cost of the project.
(2) Operating assistance.--The Federal share payable,
with amounts made available to carry out this chapter,
on account of operating expenses for a project carried
out under the Federal lands transportation program
established under section 203 may not exceed 50 percent
of the net operating costs, as determined by the
Secretary.
(e) Transportation Planning.--
(1) Transportation planning procedures.--In
consultation with the Secretary of each Federal land
management agency, the Secretary shall implement
transportation planning procedures for tribal
transportation facilities and Federal lands
transportation facilities that are consistent with the
planning processes required under sections 5203 and
5204 of title 49.
(2) Approval of transportation improvement program.--
A transportation improvement program developed as a
part of the transportation planning process under this
subsection shall be subject to approval by the
Secretary, acting in coordination with the Secretary of
the appropriate Federal land management agency.
(3) Inclusion in other plans.--Any project under a
covered program that is regionally significant shall--
(A) be developed in cooperation with
appropriate States and metropolitan planning
organizations; and
(B) be included in--
(i) plans for the covered program;
(ii) appropriate State and
metropolitan long-range transportation
plans; and
(iii) appropriate State and
metropolitan transportation improvement
programs.
(4) Inclusion in state programs.--A transportation
improvement program that is approved by the Secretary
as a part of the transportation planning process under
this subsection shall be included in appropriate plans
and programs of States and metropolitan planning
organizations without further action on the
transportation improvement program.
(5) Asset management.--The Secretary and the
Secretary of each Federal land management agency, to
the extent appropriate, shall have in effect safety,
bridge, pavement, and congestion management systems in
support of asset management for highways funded under a
covered program.
(6) Data collection.--
(A) In general.--The Secretary of each
Federal land management agency shall collect
and report on the data that is necessary to
implement a covered program, including at a
minimum--
(i) inventory and condition
information on tribal roads and Federal
lands highways; and
(ii) bridge inspection and inventory
information on any Federal bridge that
is open to the public.
(B) Standards.--The Secretary, in
coordination with the Secretary of each Federal
land management agency, shall define collection
and reporting data standards for purposes of
subparagraph (A).
(C) Tribal transportation program.--Each
Secretary collecting data under this paragraph
relating to the tribal transportation program
established under section 202 shall collect
such data consistent with the requirements of
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
(7) Administrative expenses.--The Secretary may use
up to 5 percent of the funds made available to carry
out section 203 for a fiscal year for purposes of
implementing the activities described in this
subsection, including direct support of transportation
planning activities among Federal land management
agencies.
(f) References to Secretaries of Federal Land Management
Agencies.--In this chapter, the term ``Secretary'', when used
in connection with a Federal land management agency, means the
Secretary of the department that contains the agency.
Sec. 202. Tribal transportation program
(a) In General.--The Secretary shall carry out a tribal
transportation program in accordance with the requirements of
this section.
(b) Use of Funds.--
(1) In general.--Funds made available to carry out
the tribal transportation program shall be used by the
Secretary and the Secretary of the Interior to pay for
the following:
(A) The covered costs of--
(i) tribal roads;
(ii) vehicular parking areas adjacent
to tribal roads (which may include
electric vehicle charging stations);
(iii) pedestrian walkways and bicycle
transportation facilities (as defined
in section 217) on tribal lands; and
(iv) roadside rest areas, including
sanitary and water facilities, on
tribal lands.
(B) The costs of transportation projects
eligible for assistance under this title that
are within, or provide access to, tribal lands.
(C) The costs of public transportation
projects eligible for assistance under section
5311(b)(1) of title 49 that are within, or
provide access to, tribal lands (without regard
to whether the project is located in an
urbanized area).
(D) The costs of rehabilitation, restoration,
and construction of interpretive signage at
tribal roads.
(E) The costs of acquisition of necessary
scenic easements and scenic or historic sites
associated with tribal roads.
(2) Covered costs defined.--In paragraph (1), the
term ``covered costs'' means the costs of
transportation planning, research, preventive
maintenance, engineering, rehabilitation, restoration,
construction, and reconstruction.
(3) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the Interior may enter into a contract or
other appropriate agreement with respect to such
activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(4) Indian labor.--Indian labor may be employed, in
accordance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to carry
out any construction or other activity described in
paragraph (1).
(5) Federal employment.--No maximum limitation on
Federal employment shall apply to construction or
improvement of tribal transportation facilities.
(6) Administrative expenses.--
(A) In general.--Of the funds made available
to carry out the tribal transportation program
for a fiscal year, up to 5 percent may be used
by the Secretary or the Secretary of the
Interior for program management and oversight
and project-related administrative expenses.
(B) Reservation of funds.--The Secretary of
the Interior may reserve funds from
administrative funds of the Bureau of Indian
Affairs that are associated with the tribal
transportation program to fund tribal technical
assistance centers under section 504(b).
(7) Maintenance.--
(A) Use of funds.--Notwithstanding any other
provision of this title, of the funds allocated
to an Indian tribe under the tribal
transportation program for a fiscal year, the
Indian tribe, or the Secretary with the consent
of the affected Indian tribe, may use for the
purpose of maintenance (excluding road sealing,
which shall not be subject to any limitation)
an amount that does not exceed the greater of--
(i) 25 percent of the funds; or
(ii) $500,000.
(B) Road maintenance programs on indian
reservations.--
(i) BIA responsibility.--The Bureau
of Indian Affairs shall continue to
retain primary responsibility,
including annual funding request
responsibility, for road maintenance
programs on Indian reservations.
(ii) Funding.--The Secretary of the
Interior shall ensure that funding made
available under this paragraph for
maintenance of tribal transportation
facilities for a fiscal year is
supplementary to and not in lieu of any
obligation of funds by the Bureau of
Indian Affairs for road maintenance
programs on Indian reservations.
(C) Tribal-state road maintenance
agreements.--
(i) Authority to enter into
agreements.--An Indian tribe and a
State may enter into a road maintenance
agreement under which the Indian tribe
assumes the responsibilities of the
State for tribal transportation
facilities.
(ii) Negotiations.--Agreements
entered into under clause (i)--
(I) shall be negotiated
between the State and the
Indian tribe; and
(II) shall not require the
approval of the Secretary.
(8) Cooperation of states and counties.--
(A) In general.--The cooperation of States,
counties, and other political subdivisions of
States may be accepted in construction and
improvement of tribal transportation
facilities.
(B) Crediting of funds.--Any funds received
from a State, county, or other political
subdivision of a State for construction or
improvement of tribal transportation facilities
shall be credited to appropriations available
for the tribal transportation program.
(C) State use of federal funds for tribal
transportation facilities.--
(i) In general.--A State may provide
a portion of Federal funds apportioned
to the State under chapter 1 to an
Indian tribe for an eligible tribal
transportation facility.
(ii) Procedure.--If a State elects to
provide funds to an Indian tribe under
clause (i), the State shall transfer
the funds back to the Secretary and the
Secretary shall transfer the funds to
the Indian tribe constructing or
maintaining the eligible tribal
transportation facility under an
agreement pursuant to this paragraph.
(iii) Construction responsibility.--
Notwithstanding any other provision of
law, if a State provides funds referred
to in clause (i) to an Indian tribe--
(I) the State shall not be
responsible for constructing or
maintaining a project carried
out using the funds or for
administering or supervising
the project or funds during the
applicable statute of
limitations period of such
State with respect to actions
related to the construction of
the project; and
(II) the Indian tribe
receiving the funds shall be
responsible for constructing
and maintaining a project
carried out using the funds and
for administering and
supervising the project and
funds in accordance with this
section during the period
referred to in subclause (I).
(9) Competitive bidding.--
(A) In general.--Construction of a project
under the tribal transportation program shall
be performed pursuant to a contract awarded by
competitive bidding or other procurement
process authorized under the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.) unless the Secretary or the
Secretary of the Interior affirmatively finds
that, under the circumstances relating to the
project, some other method is in the public
interest.
(B) Applicability of other laws.--
Notwithstanding subparagraph (A), section 23 of
the Act of June 25, 1910 (36 Stat. 861; known
as the Buy Indian Act) and section 7(b) of the
Indian Self-Determination and Education
Assistance Act (88 Stat. 2205) shall apply to
all funds administered by the Secretary of the
Interior that are appropriated for the
construction and improvement of tribal roads.
(c) Funds Distribution.--
(1) In general.--All funds authorized to be
appropriated for the tribal transportation program
shall be allocated among Indian tribes in accordance
with the formula maintained by the Secretary of the
Interior under paragraph (4).
(2) National tribal transportation facility
inventory.--
(A) In general.--The Secretary of the
Interior, in cooperation with the Secretary,
shall maintain a comprehensive national
inventory of tribal transportation facilities
that are eligible for assistance under the
tribal transportation program. The Secretary of
the Interior, in cooperation with the
Secretary, by September 30, 2012, and by
September 30 of every second year thereafter,
shall accept into the comprehensive national
inventory those tribal transportation
facilities proposed by Indian tribes under the
regulations.
(B) Transportation facilities included in the
inventory.--For purposes of identifying the
tribal transportation system and determining
the relative transportation needs among Indian
tribes, the Secretary shall include in the
comprehensive national inventory, at a minimum,
transportation facilities that are eligible for
assistance under the tribal transportation
program that a tribe has requested, including
facilities that--
(i) were included in the Bureau of
Indian Affairs system inventory prior
to October 1, 2004;
(ii) are owned by an Indian tribal
government;
(iii) are owned by the Bureau of
Indian Affairs;
(iv) were constructed or
reconstructed with funds from the
Highway Trust Fund under the Indian
reservation roads program since 1983;
(v) are community streets or bridges
within the exterior boundary of Indian
reservations, Alaska native villages,
or other recognized Indian communities
(including communities in former Indian
reservations in Oklahoma) in which the
majority of residents are American
Indians or Alaska Natives; or
(vi) are primary access routes
proposed by tribal governments,
including roads between villages, roads
to landfills, roads to drinking water
sources, roads to natural resources
identified for economic development,
and roads that provide access to
intermodal terminals, such as airports,
harbors, or boat landings.
(C) Limitation on primary access routes.--For
purposes of this paragraph, a proposed primary
access route is the shortest practicable route
connecting 2 points of the proposed route.
(D) Additional facilities.--Nothing in this
paragraph shall preclude the Secretary of the
Interior from including additional
transportation facilities that are eligible for
funding under the tribal transportation program
in the inventory if such additional facilities
are included in the inventory in a uniform and
consistent manner nationally.
(E) Bridges.--All bridges in the inventory
shall be recorded in the national bridge
inventory administered by the Secretary under
section 151.
(3) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall
maintain regulations governing the tribal
transportation program and the funding formula under
paragraph (4) in accordance with established policies
and procedures.
(4) Basis for funding formula factors.--
(A) In general.--The funding formula
established under this paragraph shall be based
on factors that reflect--
(i) the relative needs among the
Indian tribes, and reservation or
tribal communities, for transportation
assistance; and
(ii) the relative administration
capacities of, and challenges faced by,
various Indian tribes, including the
cost of road construction in each
Bureau of Indian Affairs area,
geographic isolation, and difficulty in
maintaining all-weather access to
employment, commerce, health, safety,
and educational resources.
(B) Tribal high priority projects.--The
tribal high priority projects program as
included in the tribal transportation
allocation methodology of part 170 of title 25,
Code of Federal Regulations (as in effect on
the date of enactment of the American Energy
and Infrastructure Jobs Act of 2012), shall
continue in effect.
(5) Distribution of funds to indian tribes.--
(A) In general.--Not later than 30 days after
the date on which funds are made available to
the Secretary or the Secretary of the Interior
for a fiscal year to carry out the tribal
transportation program, the funds shall be
distributed to, and available for immediate use
by, eligible Indian tribes in accordance with
the formula maintained by the Secretary of the
Interior under paragraph (4).
(B) Use of funds.--Notwithstanding any other
provision of this section, funds made available
to Indian tribes for tribal transportation
facilities shall be expended on projects
identified in a transportation improvement
program approved by the Secretary.
(6) Health and safety assurances.--Notwithstanding
any other provision of law, an Indian tribal government
may approve plans, specifications, and estimates for,
and may commence, a project for construction of a
tribal transportation facility with funds made
available to carry out the tribal transportation
program through a contract or agreement entered into
under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) if the Indian
tribal government--
(A) provides assurances in the contract or
agreement that the construction will meet or
exceed applicable health and safety standards;
(B) obtains the advance review of the plans
and specifications for the project from a
State-licensed civil engineer that has
certified that the plans and specifications
meet or exceed the applicable health and safety
standards;
(C) provides a copy of the certification
under subparagraph (A) to the Deputy Assistant
Secretary for Tribal Government Affairs of the
Department of Transportation or the Assistant
Secretary of Indian Affairs of the Department
of the Interior, as appropriate; and
(D) except with respect to a transportation
facility owned by the Bureau of Indian Affairs
or an Indian tribe, obtains the advance written
approval of the plans, specifications, and
estimates from the facility owner or public
authority having maintenance responsibility for
the facility and provides a copy of the
approval to the officials referred to in
subparagraph (C).
(7) Contracts and agreements with indian tribes for
program costs.--
(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available under this chapter and
section 125(e) for tribal transportation
facilities to pay for the costs of programs,
services, functions, and activities, or
portions thereof, that are specifically or
functionally related to the cost of any tribal
transportation facility that provides access to
or is located within the reservation or
community of an Indian tribe shall be made
available, upon request of the Indian tribal
government, to the Indian tribal government for
contracts and agreements for such planning,
research, engineering, and construction in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.).
(B) Exclusion of agency participation.--Funds
for programs, functions, services, or
activities, or portions thereof (including
supportive administrative functions that are
otherwise contractible to which subparagraph
(A) applies) shall be paid in accordance with
subparagraph (A) without regard to the
organizational level at which the Department of
Transportation or the Department of the
Interior has previously carried out such
programs, functions, services, or activities.
(8) Contracts and agreements with indian tribes for
tribal transportation facility programs and projects.--
(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available to an Indian tribal
government under this title or chapter 53 of
title 49 for a tribal transportation facility
program or project that is located on an Indian
reservation or provides access to the
reservation or a community of an Indian tribe
shall be made available, on the request of the
Indian tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts, agreements, and grants for
the planning, research, design, engineering,
construction, and maintenance relating to the
program or project.
(B) Exclusion of agency participation.--In
accordance with subparagraph (A), all funds for
a program or project to which subparagraph (A)
applies shall be paid to the Indian tribal
government without regard to the organizational
level at which the Department of the Interior
has previously carried out, or the Department
of Transportation has previously carried out,
the programs, functions, services, or
activities involved.
(C) Consortia.--Two or more Indian tribes
that are otherwise eligible to participate in a
program or project to which this chapter
applies may form a consortium to be considered
as a single Indian tribe for the purpose of
participating in the project under this
section.
(D) Secretary as signatory.--Notwithstanding
any other provision of law, the Secretary is
authorized to enter into a funding agreement
with an Indian tribal government in accordance
with and governed by the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.) to carry out a tribal
transportation facility program or project
under subparagraph (A) that is located on an
Indian reservation or provides access to the
reservation or a community of the Indian tribe.
(E) Funding.--The amount an Indian tribal
government receives for a program or project
under subparagraph (A) shall equal the sum of
the funding that the Indian tribal government
would otherwise receive for the program or
project in accordance with the funding formula
established under this subsection and such
additional amounts as the Secretary determines
equal the amounts that would have been withheld
for the costs of the Bureau of Indian Affairs
for administration of the program or project.
(F) Eligibility.--
(i) In general.--Subject to clause
(ii), funds may be made available under
subparagraph (A) to an Indian tribal
government for a program or project in
a fiscal year only if the Indian tribal
government requesting the funds
demonstrates to the satisfaction of the
Secretary financial stability and
financial management capability during
the 3 fiscal years immediately
preceding the fiscal year for which the
request is made.
(ii) Criteria for determining
financial stability and financial
management capability.--If an Indian
tribal government did not have an
uncorrected significant and material
audit exception in a required annual
audit of the Indian tribal government's
self-determination contracts or self-
governance funding agreements with a
Federal agency during the 3-fiscal year
period referred in clause (i), the
Indian tribe shall be treated as having
conclusive evidence of its financial
stability and financial management
capability for purposes of clause (i).
(G) Assumption of functions and duties.--An
Indian tribal government receiving funding
under subparagraph (A) for a program or project
shall assume all functions and duties that the
Secretary or the Secretary of the Interior
would have performed with respect to a program
or project under this chapter, other than those
functions and duties that inherently cannot be
legally transferred under the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
(H) Powers.--An Indian tribal government
receiving funding under subparagraph (A) for a
program or project shall have all powers that
the Secretary or the Secretary of the Interior
would have exercised in administering the funds
transferred to the Indian tribal government for
such program or project under this section if
the funds had not been transferred, except to
the extent that such powers are powers that
inherently cannot be legally transferred under
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
(I) Dispute resolution.--In the event of a
disagreement between the Secretary or the
Secretary of the Interior and an Indian tribe
over whether a particular function, duty, or
power may be lawfully transferred under the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), the
Indian tribe shall have the right to pursue all
alternative dispute resolutions and appeal
procedures authorized by such Act, including
regulations issued to carry out such Act.
(J) Termination of contract or agreement.--On
the date of the termination of a contract or
agreement under this section by an Indian
tribal government, the Secretary shall transfer
all funds that would have been allocated to the
Indian tribal government under the contract or
agreement to the Secretary of the Interior to
provide continued transportation services in
accordance with applicable law.
(d) Planning by Indian Tribal Governments.--
(1) In general.--Of the funds made available for a
fiscal year to carry out the tribal transportation
program, the greater of 2 percent or $35,000 may be
allocated to Indian tribal governments that have been
authorized to conduct transportation planning pursuant
to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
(2) Cooperation.--An Indian tribal government
described in paragraph (1), in cooperation with the
Secretary of the Interior, and as appropriate with a
State, local government, or metropolitan planning
organization, shall carry out a transportation planning
process in accordance with section 201(e).
(3) Approval.--Projects selected by an Indian tribal
government described in paragraph (1) from a
transportation improvement program shall be subject to
the approval of the Secretary of the Interior and the
Secretary.
(e) Federal-Aid Eligible Project.--Before approving as a
project on a tribal transportation facility any project
eligible funds apportioned under section 104 in a State, the
Secretary shall determine that the obligation of funds for such
project is supplementary to and not in lieu of the obligation,
for projects on tribal transportation facilities, of a fair and
equitable share of funds apportioned to such State under
section 104.
(f) Eligibility for Discretionary and Competitive Grants.--
Notwithstanding any other provision of law, an Indian tribe may
directly apply for and receive any discretionary or competitive
grant made available to a State or a political subdivision of a
State under this title or chapter 53 of title 49 in the same
manner and under the same circumstances as a State or a
political subdivision of a State.
Sec. 203. Federal lands transportation program
(a) In General.--The Secretary shall carry out a Federal
lands transportation program in accordance with the
requirements of this section.
(b) Use of Funds.--
(1) In general.--Funds made available to carry out
the Federal lands transportation program shall be used
by the Secretary and the Secretaries of Federal land
management agencies to pay for the following:
(A) The covered costs of--
(i) Federal lands highways;
(ii) vehicular parking areas adjacent
to Federal lands highways (which may
include electric vehicle charging
stations);
(iii) pedestrian walkways and bicycle
transportation facilities (as defined
in section 217) on Federal lands; and
(iv) roadside rest areas, including
sanitary and water facilities, on
Federal lands.
(B) The costs of transportation projects on
public roads or trails eligible for assistance
under this title that are within, or provide
access to, Federal lands.
(C) The costs of public transportation
projects eligible for assistance under section
5311(b)(1) of title 49 that are within, or
provide access to, Federal lands (without
regard to whether the project is located in an
urbanized area).
(D) The costs of rehabilitation, restoration,
and construction of interpretive signage at
Federal lands highways.
(E) The costs of acquisition of necessary
scenic easements and scenic or historic sites
associated with Federal lands highways.
(2) Covered costs defined.--In paragraph (1), the
term ``covered costs'' means the costs of program
administration, transportation planning, research,
preventive maintenance, engineering, rehabilitation,
restoration, construction, and reconstruction.
(3) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to such activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(4) Administration.--All appropriations for the
construction and improvement of Federal lands
transportation facilities shall be administered in
conformity with regulations and agreements jointly
approved by the Secretary and the Secretary of the
appropriate Federal land management agency.
(5) Cooperation.--
(A) In general.--The cooperation of States
and political subdivisions of States may be
accepted in construction and improvement of
Federal lands transportation facilities.
(B) Crediting of funds.--Any funds received
from a State or a political subdivision of a
State for such construction or improvement of
Federal lands transportation facilities shall
be credited to appropriations available for the
class of Federal lands transportation
facilities to which funds were contributed.
(6) Competitive bidding.--Construction of a project
under the Federal lands transportation program shall be
performed pursuant to a contract awarded by competitive
bidding unless the Secretary or the Secretary of the
appropriate Federal land management agency
affirmatively finds that, under the circumstances
relating to the project, some other method is in the
public interest.
(c) Agency Program Distributions.--
(1) In general.--On October 1 of each fiscal year,
the Secretary shall allocate the funds made available
to carry out the Federal lands transportation program
for the fiscal year on the basis of applications of
need, as determined by the Secretary, and in
coordination with the transportation plans required by
section 201(e), of the respective transportation
systems of the Federal land management agencies.
(2) Minimum allocations.--When making an allocation
of funds under paragraph (1) for a fiscal year, the
Secretary shall ensure that, of the total amount of
funds subject to the allocation--
(A) the National Park Service receives, at a
minimum, 38 percent;
(B) the Forest Service receives, at a
minimum, 32 percent; and
(C) the United States Fish and Wildlife
Service receives, at a minimum, 4.5 percent.
(3) Applications.--
(A) In general.--The Secretary of a Federal
land management agency may submit to the
Secretary an application for assistance under
the Federal lands transportation program.
(B) Contents.--An application submitted by
the Secretary of a Federal land management
agency under subparagraph (A) shall contain
such information as the Secretary may require,
including a description of any proposed program
for which the agency is seeking assistance and
the potential funding levels for the program.
(C) Considerations.--In reviewing a proposed
program described in an application submitted
by the Secretary of a Federal land management
agency under subparagraph (A), the Secretary
shall consider the extent to which the program
supports--
(i) a state of good repair of
transportation facilities across the
agency's inventory;
(ii) a reduction of deficient bridges
across the agency's inventory;
(iii) improvement of safety across
the agency's inventory;
(iv) high use Federal recreation
sites or Federal economic generators;
and
(v) the resource management goals of
the Secretary of the respective Federal
land management agency.
(d) National Federal Lands Highways Inventory.--
(1) In general.--The Secretaries of the Federal land
management agencies, in cooperation with the Secretary,
shall maintain a comprehensive national inventory of
Federal lands highways.
(2) Highways included in the inventory.--For purposes
of identifying the Federal lands transportation system
and determining the relative transportation needs among
Federal land management agencies, the inventory shall
include, at a minimum, highways that--
(A) provide access to high use Federal
recreation sites or Federal economic
generators, as determined by the Secretary in
coordination with the Secretaries of the
Federal land management agencies; and
(B) are administered by a Federal land
management agency.
(3) Availability.--The Secretary of each Federal land
management agency shall maintain an inventory of the
Federal lands highways administered by the agency and
make the inventory available to the Secretary.
(4) Updates.--The Secretary of each Federal land
management agency shall update its inventory referred
to in paragraph (3) as determined by the Secretary.
(5) Review.--A decision to add or remove a highway
from an inventory referred to in paragraph (1) or (4)
shall not be considered a Federal action for purposes
of review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
Sec. 205. Forest development roads and trails
(a) * * *
* * * * * * *
(d) Funds available for forest development roads and trails
shall be available for adjacent vehicular parking areas (which
may include electric vehicle charging stations) and for
sanitary, water, and fire control facilities.
* * * * * * *
Sec. 207. Tribal transportation self-governance program
(a) Establishment.--Subject to the requirements of this
section, the Secretary shall establish and carry out a program
to be known as the tribal transportation self-governance
program. The Secretary may delegate responsibilities for
administration of the program as the Secretary determines
appropriate.
(b) Eligibility.--
(1) In general.--An Indian tribe shall be eligible to
participate in the program if the Indian tribe--
(A) requests participation in the program by
resolution or other official action by the
governing body of the Indian tribe; and
(B) demonstrates, for the preceding 3 fiscal
years, financial stability and financial
management capability.
(2) Criteria for determining financial stability and
financial management capacity.--For the purposes of
paragraph (1)(B), evidence that, during the preceding 3
fiscal years, an Indian tribe had no uncorrected
significant and material audit exceptions in the
required annual audit of the Indian tribe's self-
determination contracts or self-governance funding
agreements with any Federal agency shall be conclusive
evidence of the required stability and capability.
(c) Compacts.--
(1) Compact required.--Upon the request of an
eligible Indian tribe, and subject to the requirements
of this section, the Secretary shall negotiate and
enter into a written compact with the Indian tribe for
the purpose of providing for the participation of the
Indian tribe in the program.
(2) Contents.--A compact entered into under paragraph
(1) shall set forth the general terms of the
government-to-government relationship between the
Indian tribe and the United States under the program
and other terms that will continue to apply in future
fiscal years.
(3) Amendments.--A compact entered into with an
Indian tribe under paragraph (1) may be amended only by
mutual agreement of the Indian tribe and the Secretary.
(d) Annual Funding Agreements.--
(1) Funding agreement required.--After entering into
a compact with an Indian tribe under subsection (c),
the Secretary shall negotiate and enter into a written
annual funding agreement with the Indian tribe.
(2) Contents.--
(A) In general.--
(i) Discretionary and competitive
grants.--A funding agreement entered
into with an Indian tribe shall
authorize the Indian tribe, as
determined by the Indian tribe, to
plan, conduct, consolidate, administer,
and receive full tribal share funding
and funding to tribes from
discretionary and competitive grants
administered by the Department for all
programs, services, functions, and
activities (or portions thereof) that
are made available to Indian tribes to
carry out tribal transportation
programs and programs, services,
functions, and activities (or portions
thereof) administered by the Secretary
that are otherwise available to Indian
tribes.
(ii) Transfers of state funds.--
(I) Inclusion of transferred
funds in funding agreement.--A
funding agreement entered into
with an Indian tribe shall
include Federal-aid funds
apportioned to a State under
chapter 1 if the State elects
to provide a portion of such
funds to the Indian tribe for a
project eligible under section
202(b).
(II) Method for transfers.--
If a State elects to provide
funds described in subclause
(I) to an Indian tribe, the
State shall transfer the funds
back to the Secretary and the
Secretary shall transfer the
funds to the Indian tribe in
accordance with this section.
(III) Responsibility for
transferred funds.--
Notwithstanding any other
provision of law, if a State
provides funds described in
subclause (I) to an Indian
tribe--
(aa) the State shall
not be responsible for
constructing or
maintaining a project
carried out using the
funds or for
administering or
supervising the project
or funds during the
applicable statute of
limitations period
related to the
construction of the
project; and
(bb) the Indian tribe
shall be responsible
for constructing and
maintaining a project
carried out using the
funds and for
administering and
supervising the project
and funds in accordance
with this section
during the applicable
statute of limitations
period related to the
construction of the
project.
(B) Administration of tribal shares.--The
tribal shares referred to in subparagraph (A)
shall be provided without regard to the agency
or office of the Department within which the
program, service, function, or activity (or
portion thereof) is performed.
(C) Flexible and innovative financing.--
(i) In general.--A funding agreement
entered into with an Indian tribe under
paragraph (1) shall include provisions
pertaining to flexible and innovative
financing if agreed upon by the
parties.
(ii) Terms and conditions.--
(I) Authority to issue
regulations.--The Secretary may
issue regulations to establish
the terms and conditions
relating to the flexible and
innovative financing provisions
referred to in clause (i).
(II) Terms and conditions in
absence of regulations.--If the
Secretary does not issue
regulations under subclause
(I), the terms and conditions
relating to the flexible and
innovative financing provisions
referred to in clause (i) shall
be consistent with--
(aa) agreements
entered into by the
Department under
section 202(c)(8)
before the date of
enactment of the
American Energy and
Infrastructure Jobs Act
of 2012; or
(bb) regulations of
the Department of the
Interior relating to
flexible financing
contained in part 170
of title 25, Code of
Federal Regulations, as
in effect on the date
of enactment of such
Act.
(3) Discretionary and competitive grants.--
Notwithstanding any other provision of law, an Indian
tribe shall be eligible to directly apply for and
receive the discretionary and competitive grants made
available under transportation programs that States or
political subdivisions of States are eligible to apply
for and receive.
(4) Terms.--A funding agreement shall set forth--
(A) terms that generally identify the
programs, services, functions, and activities
(or portions thereof) to be performed or
administered by the Indian tribe; and
(B) for items identified in subparagraph
(A)--
(i) the general budget category
assigned;
(ii) the funds to be provided,
including those funds to be provided on
a recurring basis;
(iii) the time and method of transfer
of the funds;
(iv) the responsibilities of the
Secretary and the Indian tribe; and
(v) any other provision agreed to by
the Indian tribe and the Secretary.
(5) Subsequent funding agreements.--
(A) Applicability of existing agreement.--
Absent notification from an Indian tribe that
the Indian tribe is withdrawing from or
retroceding the operation of one or more
programs, services, functions, or activities
(or portions thereof) identified in a funding
agreement, or unless otherwise agreed to by the
parties, each funding agreement shall remain in
full force and effect until a subsequent
funding agreement is executed.
(B) Effective date of subsequent agreement.--
The terms of the subsequent funding agreement
shall be retroactive to the end of the term of
the preceding funding agreement.
(6) Consent of indian tribe required.--The Secretary
shall not revise, amend, or require additional terms in
a new or subsequent funding agreement without the
consent of the Indian tribe that is subject to the
agreement unless such terms are required by Federal
law.
(e) General Provisions.--
(1) Redesign and consolidation.--
(A) In general.--An Indian tribe, in any
manner that the Indian tribe considers to be in
the best interest of the Indian community being
served, may--
(i) redesign or consolidate programs,
services, functions, and activities (or
portions thereof) included in a funding
agreement; and
(ii) reallocate or redirect funds for
such programs, services, functions, and
activities (or portions thereof), if
the funds are--
(I) expended on projects
identified in a transportation
improvement program approved by
the Secretary; and
(II) used in accordance with
appropriations Acts and other
applicable statutory
limitations.
(B) Exception.--Notwithstanding subparagraph
(A), if, pursuant to subsection (d), an Indian
tribe receives a discretionary or competitive
grant from the Secretary or receives State
apportioned funds, the Indian tribe shall use
the funds for the purpose for which the funds
were originally authorized.
(2) Retrocession.--
(A) In general.--
(i) Authority of indian tribes.--An
Indian tribe may retrocede (fully or
partially) to the Secretary programs,
services, functions, or activities (or
portions thereof) included in a compact
or funding agreement.
(ii) Reassumption of remaining
funds.--Following a retrocession
described in clause (i), the Secretary
may--
(I) reassume the remaining
funding associated with the
retroceded programs, functions,
services, and activities (or
portions thereof) included in
the applicable compact or
funding agreement;
(II) out of such remaining
funds, transfer funds
associated with Department of
Interior programs, services,
functions, or activities (or
portions thereof) to the
Secretary of the Interior to
carry out transportation
services provided by the
Secretary of the Interior; and
(III) distribute funds not
transferred under subclause
(II) in accordance with
applicable law.
(iii) Correction of programs.--If the
Secretary makes a finding under
subsection (f)(2)(B) and no funds are
available under subsection
(f)(2)(A)(ii), the Secretary shall not
be required to provide additional funds
to complete or correct any programs,
functions, or activities (or portions
thereof).
(B) Effective date.--Unless the Indian tribe
rescinds a request for retrocession, the
retrocession shall become effective within the
timeframe specified by the parties in the
compact or funding agreement. In the absence of
such a specification, the retrocession shall
become effective on--
(i) the earlier of--
(I) 1 year after the date of
submission of the request; or
(II) the date on which the
funding agreement expires; or
(ii) such date as may be mutually
agreed upon by the parties and, with
respect to Department of the Interior
programs, functions, services, and
activities (or portions thereof), the
Secretary of the Interior.
(f) Provisions Relating to the Secretary.--
(1) Decisionmaker.--A decision that constitutes a
final agency action and relates to an appeal of the
rejection of a final offer by the Department shall be
made either--
(A) by an official of the Department who
holds a position at a higher organizational
level within the Department than the level of
the departmental agency in which the decision
that is the subject of the appeal was made; or
(B) by an administrative judge.
(2) Termination of compact or funding agreement.--
(A) Authority to terminate.--
(i) Provision to be included in
compact or funding agreement.--A
compact or funding agreement shall
include a provision authorizing the
Secretary, if the Secretary makes a
finding described in subparagraph (B),
to--
(I) terminate the compact or
funding agreement (or a portion
thereof); and
(II) reassume the remaining
funding associated with the
reassumed programs, functions,
services, and activities
included in the compact or
funding agreement.
(ii) Transfers of funds.--Out of any
funds reassumed under clause (i)(II),
the Secretary may transfer the funds
associated with Department of the
Interior programs, functions, services,
and activities (or portions thereof) to
the Secretary of the Interior to
provide continued transportation
services in accordance with applicable
law.
(B) Findings resulting in termination.--The
finding referred to in subparagraph (A) is a
specific finding of--
(i) imminent jeopardy to a trust
asset, natural resources, or public
health and safety that is caused by an
act or omission of the Indian tribe and
that arises out of a failure to carry
out the compact or funding agreement,
as determined by the Secretary; or
(ii) gross mismanagement with respect
to funds or programs transferred to the
Indian tribe under the compact or
funding agreement, as determined by the
Secretary in consultation with the
Inspector General of the Department, as
appropriate.
(C) Prohibition.--The Secretary shall not
terminate a compact or funding agreement (or
portion thereof) unless--
(i) the Secretary has first provided
written notice and a hearing on the
record to the Indian tribe that is
subject to the compact or funding
agreement; and
(ii) the Indian tribe has not taken
corrective action to remedy the
mismanagement of funds or programs or
the imminent jeopardy to a trust asset,
natural resource, or public health and
safety.
(D) Exception.--
(i) In general.--Notwithstanding
subparagraph (C), the Secretary, upon
written notification to an Indian tribe
that is subject to a compact or funding
agreement, may immediately terminate
the compact or funding agreement (or
portion thereof) if--
(I) the Secretary makes a
finding of imminent substantial
and irreparable jeopardy to a
trust asset, natural resource,
or public health and safety;
and
(II) the jeopardy arises out
of a failure to carry out the
compact or funding agreement.
(ii) Hearings.--If the Secretary
terminates a compact or funding
agreement (or portion thereof) under
clause (i), the Secretary shall provide
the Indian tribe subject to the compact
or agreement with a hearing on the
record not later than 10 days after the
date of such termination.
(E) Burden of proof.--In any hearing or
appeal involving a decision to terminate a
compact or funding agreement (or portion
thereof) under this paragraph, the Secretary
shall have the burden of proof in demonstrating
by clear and convincing evidence the validity
of the grounds for the termination.
(g) Cost Principles.--In administering funds received under
this section, an Indian tribe shall apply cost principles under
the applicable Office of Management and Budget circular, except
as modified by section 106 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j-1), other provisions
of law, or by any exemptions to applicable Office of Management
and Budget circulars subsequently granted by the Office of
Management and Budget. No other audit or accounting standards
shall be required by the Secretary. Any claim by the Federal
Government against the Indian tribe relating to funds received
under a funding agreement based on any audit conducted pursuant
to this subsection shall be subject to the provisions of
section 106(f) of such Act (25 U.S.C. 450j-1(f)).
(h) Transfer of Funds.--The Secretary shall provide funds to
an Indian tribe under a funding agreement in an amount equal
to--
(1) the sum of the funding that the Indian tribe
would otherwise receive for the program, function,
service, or activity in accordance with a funding
formula or other allocation method established under
this title or chapter 53 of title 49; and
(2) such additional amounts as the Secretary
determines equal the amounts that would have been
withheld for the costs of the Bureau of Indian Affairs
for administration of the program or project.
(i) Construction Programs.--
(1) Standards.--Construction projects carried out
under programs administered by an Indian tribe with
funds transferred to the Indian tribe pursuant to a
funding agreement entered into under this section shall
be constructed pursuant to the construction program
standards set forth in applicable regulations or as
specifically approved by the Secretary (or the
Secretary's designee).
(2) Monitoring.--Construction programs shall be
monitored by the Secretary in accordance with
applicable regulations.
(j) Facilitation.--
(1) Secretarial interpretation.--Except as otherwise
provided by law, the Secretary shall interpret all
Federal laws, Executive orders, and regulations in a
manner that will facilitate--
(A) the inclusion of programs, services,
functions, and activities (or portions thereof)
and funds associated therewith, in compacts and
funding agreements; and
(B) the implementation of the compacts and
funding agreements.
(2) Regulation waiver.--
(A) In general.--An Indian tribe may submit
to the Secretary a written request to waive
application of a regulation promulgated under
this section with respect to a compact or
funding agreement. The request shall identify
the regulation sought to be waived and the
basis for the request.
(B) Approvals and denials.--
(i) In general.--Not later than 90
days after the date of receipt of a
written request under subparagraph (A),
the Secretary shall approve or deny the
request in writing.
(ii) Denials.--The Secretary may deny
a request under clause (i) only if the
Secretary finds that the identified
language in the regulation may not be
waived because the waiver is prohibited
by Federal law.
(iii) Deemed approval.--If the
Secretary does not approve or deny a
request submitted under subparagraph
(A) on or before the last day of the
90-day period referred to in clause
(i), the request shall be deemed
approved.
(iv) Finality of decisions.--A
decision by the Secretary under this
subparagraph shall be final for the
Department.
(k) Disclaimers.--
(1) Existing authority.--Notwithstanding any other
provision of law, upon the election of an Indian tribe,
the Secretary shall--
(A) maintain current Federal Highway
Administration Indian reservation roads program
and funding agreements; or
(B) enter into new agreements under the
authority of section 202(c)(8).
(2) Limitation on statutory construction.--Nothing in
this section may be construed to impair or diminish the
authority of the Secretary under section 202(c)(8).
(l) Applicability of Indian Self-Determination and Education
Assistance Act.--Except to the extent in conflict with this
section (as determined by the Secretary), the following
provisions of the Indian Self-Determination and Education
Assistance Act shall apply to compact and funding agreements
(except that references to the Secretary of the Interior in
such provisions shall treated as a references to the Secretary
of Transportation):
(1) Subsections (a), (b), (d), (g), and (h) of
section 506 of such Act (25 U.S.C. 458aaa-5), relating
to general provisions.
(2) Subsections (b) through (e) and (g) of section
507 of such Act (25 U.S.C.458aaa-6), relating to
provisions relating to the Secretary of Health and
Human Services.
(3) Subsections (a), (b), (d), (e), (g), (h), (i),
and (k) of section 508 of such Act (25 U.S.C. 458aaa-
7), relating to transfer of funds.
(4) Section 510 of such Act (25 U.S.C. 458aaa-9),
relating to Federal procurement laws and regulations.
(5) Section 511 of such Act (25 U.S.C. 458aaa-10),
relating to civil actions.
(6) Subsections (a)(1), (a)(2), and (c) through (f)
of section 512 of such Act (25 U.S.C. 458aaa-11),
relating to facilitation, except that subsection (c)(1)
of that section shall be applied by substituting
``transportation facilities and other facilities'' for
``school buildings, hospitals, and other facilities''.
(7) Subsections (a) and (b) of section 515 of such
Act (25 U.S.C. 458aaa-14), relating to disclaimers.
(8) Subsections (a) and (b) of section 516 of such
Act (25 U.S.C. 458aaa-15), relating to application of
title I provisions.
(9) Section 518 of such Act (25 U.S.C. 458aaa-17),
relating to appeals.
(m) Definitions.--
(1) In general.--In this section, the following
definitions apply (except as otherwise expressly
provided):
(A) Compact.--The term ``compact'' means a
compact between the Secretary and an Indian
tribe entered into under subsection (c).
(B) Department.--The term ``Department''
means the Department of Transportation.
(C) Eligible indian tribe.--The term
``eligible Indian tribe'' means an Indian tribe
that is eligible to participate in the program,
as determined under subsection (b).
(D) Funding agreement.--The term ``funding
agreement'' means a funding agreement between
the Secretary and an Indian tribe entered into
under subsection (d).
(E) Indian tribe.--The term ``Indian tribe''
means any Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the
Secretary of the Interior acknowledges to exist
as an Indian tribe under the Federally
Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a). In any case in which an Indian
tribe has authorized another Indian tribe, an
inter-tribal consortium, or a tribal
organization to plan for or carry out programs,
services, functions, or activities (or portions
thereof) on its behalf under this part, the
authorized Indian tribe, inter-tribal
consortium, or tribal organization shall have
the rights and responsibilities of the
authorizing Indian tribe (except as otherwise
provided in the authorizing resolution or in
this title). In such event, the term ``Indian
tribe'' as used in this part shall include such
other authorized Indian tribe, inter-tribal
consortium, or tribal organization.
(F) Program.--The term ``program'' means the
tribal transportation self-governance program
established under this section.
(G) Secretary.--The term ``Secretary'' means
the Secretary of Transportation.
(H) Transportation programs.--The term
``transportation programs'' means all programs
administered or financed by the Department
under this title and chapter 53 of title 49.
(2) Applicability of other definitions.--In this
section, the definitions set forth in sections 4 and
505 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b; 458aaa) apply, except
as otherwise expressly provided in this section.
(n) Regulations.--
(1) In general.--
(A) Promulgation.--Not later than 90 days
after the date of enactment of the American
Energy and Infrastructure Jobs Act of 2012, the
Secretary shall initiate procedures under
subchapter III of chapter 5 of title 5 to
negotiate and promulgate such regulations as
are necessary to carry out this section.
(B) Publication of proposed regulations.--
Proposed regulations to implement this section
shall be published in the Federal Register by
the Secretary not later than 21 months after
such date of enactment.
(C) Expiration of authority.--The authority
to promulgate regulations under this paragraph
shall expire 30 months after such date of
enactment.
(D) Extension of deadlines.--A deadline set
forth in subparagraph (B) or (C) may be
extended up to 180 days if the negotiated
rulemaking committee referred to in paragraph
(2) concludes that the committee cannot meet
the deadline and the Secretary so notifies the
appropriate committees of Congress.
(2) Committee.--
(A) In general.--A negotiated rulemaking
committee established pursuant to section 565
of title 5 to carry out this subsection shall
have as its members only Federal and tribal
government representatives, a majority of whom
shall be nominated by and be representatives of
Indian tribes with funding agreements under
this title.
(B) Requirements.--The committee shall confer
with, and accommodate participation by,
representatives of Indian tribes, inter-tribal
consortia, tribal organizations, and individual
tribal members.
(C) Adaptation of procedures.--The Secretary
shall adapt the negotiated rulemaking
procedures to the unique context of self-
governance and the government-to-government
relationship between the United States and
Indian tribes.
(3) Effect.--The lack of promulgated regulations
shall not limit the effect of this section.
(4) Effect of circulars, policies, manuals, guidance,
and rules.--Unless expressly agreed to by the
participating Indian tribe in the compact or funding
agreement, the participating Indian tribe shall not be
subject to any agency circular, policy, manual,
guidance, or rule adopted by the Department of
Transportation, except regulations promulgated under
this section.
* * * * * * *
[Sec. 212. Inter-American Highway
[(a) Funds appropriated for the Inter-American Highway shall
be used to enable the United States to cooperate with the
Governments of the American Republics situated in Central
America - that is, with the Governments of the Republic of
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama - in the survey and construction of the Inter-American
Highway within the borders of the aforesaid Republics,
respectively. Not to exceed one-third of the appropriation
authorized for each fiscal year may be expended without
requiring the country or countries in which such funds may be
expended to match any part thereof, if the Secretary of State
shall find that the cost of constructing said highway in such
country or countries will be beyond their reasonable capacity
to bear. The remainder of such authorized appropriations shall
be available for expenditure only when matched to the extent
required by this section by the country in which such
expenditure may be made. Expenditures from the funds available
on a matching basis shall not be made for the survey and
construction of any portion of said highway within the borders
of any country named herein unless such country shall provide
and make available for expenditure in conjunction therewith a
sum equal to at least one-third of the expenditures that may be
incurred by that Government and the United States on such
portion of the highway. All expenditures by the United States
under the provisions of this section for material, equipment,
and supplies shall, whenever practicable, be made for products
of the United States or of the country in which such survey or
construction work is being carried on. Construction work to be
performed under contract shall be advertised for a reasonable
period by the Minister of Public Works, or other similar
official, of the government concerned in each of the
participating countries and contracts shall be awarded pursuant
to such advertisements with the approval of the Secretary. No
part of the appropriations authorized shall be available for
obligation or expenditure for work on said highway in any
cooperating country unless the government of said country shall
have assented to the provisions of this section; shall have
furnished satisfactory assurances that it has an organization
adequately qualified to administer the functions required of
such country under the provisions hereof; and then only as such
country may submit requests, from time to time, for the
construction of any portion of the highway to standards
adequate to meet present and future traffic needs. No part of
said appropriations shall be available for obligation or
expenditure in any such country until the government of that
country shall have entered into an agreement with the United
States which shall provide, in part, that said country--
[(1) will provide, without participation of funds
authorized, all necessary rights-of-way for the
construction of said highway, which rights-of-way shall
be of a minimum width where practicable of one hundred
meters in rural areas and fifty meters in
municipalities and shall forever be held inviolate as a
part of the highway for public use;
[(2) will not impose any highway toll, or permit any
such toll to be charged, for use by vehicles or persons
of any portion of said highway constructed under the
provisions of this section;
[(3) will not levy or assess, directly or indirectly,
any fee, tax, or other charge for the use of said
highway by vehicles or persons from the United States
that does not apply equally to vehicles or persons of
such country;
[(4) will continue to grant reciprocal recognition of
vehicle registration and drivers' licenses in
accordance with the provisions of the Convention for
the Regulation of Inter-American Automotive Traffic,
which was opened for signature at the Pan American
Union in Washington on December 15, 1943, and to which
such country and the United States are parties, or of
any other treaty or international convention
establishing similar reciprocal recognition; and
[(5) will provide for the maintenance of said highway
after its completion in condition adequately to serve
the needs of present and future traffic.
[(b) The survey and construction work authorized by this
section shall be under the administration of the Secretary, who
shall consult with the appropriate officials of the Department
of State with respect to matters involving the foreign
relations of this Government, and such negotiations with the
Governments of the American Republics named in subsection (a)
of this section as may be required to carry out the purposes of
this section shall be conducted through, or as authorized by,
the Department of State.
[(c) The provisions of this section shall not create nor
authorize the creation of any obligations on the part of the
Government of the United States with respect to any
expenditures for highway construction or survey heretofore or
hereafter undertaken in any of the countries enumerated in
subsection (a) of this section, other than the expenditures
authorized by the provisions of this section.
[(d) Appropriations made pursuant to any authorizations
heretofore, or hereafter enacted for the Inter-American Highway
shall be considered available for expenditure by the Secretary
for necessary administrative and engineering expenses in
connection with the Inter-American Highway program.]
* * * * * * *
[Sec. 216. Darien Gap Highway
[(a) The United States shall cooperate with the Government of
the Republic of Panama and with the Government of Colombia in
the construction of approximately two hundred and fifty miles
of highway in such countries in the location known as the
``Darien Gap'' to connect the Inter-American Highway authorized
by section 212 of this title with the Pan American Highway
System of South America. Such highway shall be known as the
``Darien Gap Highway''. Funds authorized by this section shall
be obligated and expended subject to the same terms,
conditions, and requirements with respect to the Darien Gap
Highway as are funds authorized for the Inter-American Highway
by subsection (a) of section 212 of this title.
[(b) The construction authorized by this section shall be
under the administration of the Secretary, who shall consult
with the appropriate officials of the Department of State with
respect to matters involving the foreign relations of this
Government, and such negotiations with the Governments of the
Republic of Panama and Colombia as may be required to carry out
the purposes of this section shall be conducted through, or
authorized by, the Department of State.
[(c) The provisions of this section shall not create nor
authorize the creation of any obligations on the part of the
Government of the United States with respect to any
expenditures for highway survey or construction heretofore or
hereafter undertaken in Panama or Colombia, other than the
expenditures authorized by the provision of this section.
[(d) Appropriations made pursuant to any authorization for
the Darien Gap Highway shall be available for expenditure by
the Secretary for necessary administrative and engineering
expenses in connection with the Darien Gap Highway program.
[(e) For the purposes of this section the term
``construction'' does not include any costs of rights-of-way,
relocation assistance, or the elimination of hazards of railway
grade crossings.]
Sec. 217. Bicycle transportation and pedestrian walkways
(a) * * *
* * * * * * *
(c) Use of [Federal Lands Highway] Tribal Transportation
Program and Federal Lands Transportation Program Funds Funds.--
[Funds authorized for forest highways, forest development roads
and trails, public lands development roads and trails, park
roads, parkways, Indian reservation roads, and public lands
highways] Funds authorized for tribal transportation facilities
and Federal lands transportation facilities shall be available,
at the discretion of the department charged with the
administration of such funds, for the construction of
pedestrian walkways and bicycle transportation facilities.
[(d) State Bicycle and Pedestrian Coordinators.--Each State
receiving an apportionment under sections 104(b)(2) and
104(b)(3) of this title shall use such amount of the
apportionment as may be necessary to fund in the State
department of transportation a position of bicycle and
pedestrian coordinator for promoting and facilitating the
increased use of nonmotorized modes of transportation,
including developing facilities for the use of pedestrians and
bicyclists and public education, promotional, and safety
programs for using such facilities.]
[(e)] (d) Bridges.--In any case where a highway bridge deck
being replaced or rehabilitated with Federal financial
participation is located on a highway on which bicycles are
permitted to operate at each end of such bridge, and the
Secretary determines that the safe accommodation of bicycles
can be provided at reasonable cost as part of such replacement
or rehabilitation, [then such bridge shall be so replaced or
rehabilitated as to provide such safe accommodations] the State
carrying out the rehabilitation or replacement is encouraged to
provide such safe accommodations as part of the rehabilitation
or replacement.
[(f)] (e) Federal Share.--For all purposes of this title,
construction of a pedestrian walkway and a bicycle
transportation facility shall be deemed to be a highway project
and the Federal share payable on account of such construction
shall be determined in accordance with section 120(b).
[(g)] (f) Planning and Design.--
(1) * * *
* * * * * * *
[(h)] (g) Use of Motorized Vehicles.--Motorized vehicles may
not be permitted on trails and pedestrian walkways under this
section, except for--
(1) * * *
* * * * * * *
[(i)] (h) Transportation Purpose.--No bicycle project may be
carried out under this section unless the Secretary has
determined that such bicycle project will be principally for
transportation, rather than recreation, purposes.
[(j)] (i) Definitions.--In this section, the following
definitions apply:
(1) * * *
* * * * * * *
Sec. 218. Alaska Highway
(a) [Recognizing the benefits that will accrue to the State
of Alaska and to the United States from the reconstruction of
the Alaska Highway from the Alaskan border to Haines Junction
in Canada and the Haines Cutoff Highway from Haines Junction in
Canada to Haines, the Secretary is authorized out of the funds
appropriated for the purpose of this section to provide for
necessary reconstruction of such highway. Such appropriations
shall remain available until expended.] Notwithstanding any
other provision of law[, in addition to such funds,] upon
agreement with the State of Alaska, the Secretary is authorized
to expend on [such highway or] the Alaska Marine Highway System
any Federal-aid highway funds apportioned to the State of
Alaska under this title at a Federal share of 100 per centum.
Notwithstanding any other provision of law, any obligation
limitation enacted for fiscal year 1983 or for any other fiscal
year thereafter, including any portion of any other fiscal year
thereafter, shall not apply to projects authorized by the
preceding sentence. [No expenditures shall be made for the
construction of the portion of such highways that are in Canada
until an agreement has been reached by the Government of Canada
and the Government of the United States which shall provide, in
part, that the Canadian Government--
[(1) will provide, without participation of funds
authorized under this title, all necessary right-of-way
for the reconstruction of such highways;
[(2) will not impose any highway toll, or permit any
such toll to be charged for the use of such highways by
vehicles or persons;
[(3) will not levy or assess, directly or indirectly,
any fee, tax, or other charge for the use of such
highways by vehicles or persons from the United States
that does not apply equally to vehicles or persons of
Canada;
[(4) will continue to grant reciprocal recognition of
vehicle registration and drivers' licenses in
accordance with agreements between the United States
and Canada; and
[(5) will maintain such highways after their
completion in proper condition adequately to serve the
needs of present and future traffic.
[(b) The survey and construction work undertaken in Canada
pursuant to this section shall be under the general supervision
of the Secretary.]
[(c)] (b) For purposes of this section, the term ``Alaska
Marine Highway System'' includes all existing or planned
transportation facilities and equipment in Alaska, including
the lease, purchase, or construction of vessels, terminals,
docks, floats, ramps, staging areas, parking lots, bridges and
approaches thereto, and necessary roads.
* * * * * * *
CHAPTER 3--GENERAL PROVISIONS
Sec.
301. Freedom from tolls.
* * * * * * *
[303. Management systems.]
* * * * * * *
[309. Cooperation with other American Republics.]
* * * * * * *
[322. Magnetic levitation transportation technology deployment
program.]
* * * * * * *
[327. Surface transportation project delivery pilot program.]
327. Surface transportation project delivery program.
* * * * * * *
330. Funding flexibility for transportation emergencies.
331. Program for eliminating duplication of environmental reviews.
332. State performance of legal sufficiency reviews.
* * * * * * *
[Sec. 303. Management systems
[(a) Regulations.--Not later than 1 year after the date of
the enactment of this section, the Secretary shall issue
regulations for State development, establishment, and
implementation of a system for managing each of the following:
[(1) Highway pavement of Federal-aid highways.
[(2) Bridges on and off Federal-aid highways.
[(3) Highway safety.
[(4) Traffic congestion.
[(5) Public transportation facilities and equipment.
[(6) Intermodal transportation facilities and
systems.
In metropolitan areas, such systems shall be developed and
implemented in cooperation with metropolitan planning
organizations. Such regulations may include a compliance
schedule for development, establishment, and implementation of
each such system and minimum standards for each such system.
[(b) Traffic Monitoring.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall
issue guidelines and requirements for the State development,
establishment, and implementation of a traffic monitoring
system for highways and public transportation facilities and
equipment.
[(c) State Election.--A State may elect, at any time, not to
implement, in whole or in part, 1 or more of the management
systems required under this section. The Secretary may not
impose any sanction on, or withhold any benefit from, a State
on the basis of such an election.
[(d) Procedural Requirements.--In developing and implementing
a management system under this section, each State shall
cooperate with metropolitan planning organizations for
urbanized areas of the State and affected agencies receiving
assistance under chapter 53 of title 49 and shall consider the
results of the management systems in making project selection
decisions under this title and under chapter 53.
[(e) Intermodal Requirements.--The management system required
under this section for intermodal transportation facilities and
systems shall provide for improvement and integration of all of
a State's transportation systems and shall include methods of
achieving the optimum yield from such systems, methods for
increasing productivity in the State, methods for increasing
use of advanced technologies, and methods to encourage the use
of innovative marketing techniques, such as just-in-time
deliveries.
[(f) Reports.--
[(1) Annual reports.--Not later than January 1 of
each calendar year beginning after December 31, 1992,
the Secretary shall transmit to Congress a report on
the progress being made by the Secretary and the States
in carrying out this section.
[(2) Report on implementation.--Not later than
October 1, 1996, the Comptroller General, in
consultation with States, shall transmit to Congress a
report on the management systems under this section,
including recommendations as to whether, to what
extent, and how the management systems should be
implemented.
[(g) Funding.--Subject to project approval by the Secretary,
a State may obligate funds apportioned after September 30,
1991, under subsections (b)(1), (b)(2), and (b)(3) of section
104 of this title for developing and establishing management
systems required by this section and funds apportioned under
section 144 of this title for developing and establishing the
bridge management system required by this section.
[(h) Review of Regulations.--Not later than 10 days after the
date of issuance of any regulation under this section, the
Secretary shall transmit a copy of such regulation to Congress
for review.]
* * * * * * *
Sec. 306. Mapping
(a) In General.--In carrying out the provisions of this
title, the Secretary [may] shall, wherever practicable,
authorize the use of photogrammetric methods in mapping, and
the utilization of commercial enterprise for such services.
(b) Guidance.--The Secretary shall issue guidance to
encourage States to utilize, to the maximum extent practicable,
private sector sources for surveying and mapping services for
projects under this title. In carrying out this subsection, the
Secretary shall recommend appropriate roles for [State and]
State government and private mapping and surveying activities,
including--
(1) * * *
* * * * * * *
(c) Implementation.--The Secretary shall develop a process
for the oversight and monitoring, on an annual basis, of the
compliance of each State with the guidance issued under
subsection (b).
* * * * * * *
Sec. 308. Cooperation with Federal and State agencies and foreign
countries
[(a) The Secretary is authorized to perform by contract or
otherwise, authorized engineering or other services in
connection with the survey, construction, maintenance, or
improvement of highways for other Government agencies,
cooperating foreign countries, and State cooperating agencies,
and reimbursement for such services, which may include
depreciation on engineering and roadbuilding equipment used,
shall be credited to the appropriation concerned.]
(a) Authorized Activities.--
(1) In general.--The Secretary may perform, by
contract or otherwise, authorized engineering or other
services in connection with the survey, construction,
maintenance, or improvement of highways for other
Federal agencies, cooperating foreign countries, and
State cooperating agencies.
(2) Inclusions.--Services authorized under paragraph
(1) may include activities authorized under section 214
of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
(3) Reimbursement.--Reimbursement for services
carried out under this subsection, including
depreciation on engineering and road-building
equipment, shall be credited to the applicable
appropriation.
* * * * * * *
[Sec. 309. Cooperation with other American Republics
[The President is authorized to utilize the services of the
Federal Highway Administration in fulfilling the obligations of
the United States under the Convention on the Pan-American
Highway Between the United States and Other American Republics
(51 Stat. 152), cooperating with several governments, members
of the Organization of American States, in connection with the
survey and construction of the Inter-American Highway, and for
performing engineering service in the other American Republics
for and upon the request of any agency or governmental
corporation of the United States. To the extent authorized in
appropriation acts, administrative funds available in
accordance with subsection (a) of section 104 of this title
shall be available annually for the purpose of this section.]
* * * * * * *
Sec. 313. Buy America
(a) * * *
* * * * * * *
(g) Application.--The requirements of this section apply to
all contracts for a project carried out within the scope of the
applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source of such contracts, if
at least one contract for the project is funded with amounts
made available to carry out this title.
(h) Waiver Requirements.--
(1) In general.--If the Secretary receives a request
for a waiver under this section, the Secretary shall
provide notice of and an opportunity for public comment
on the request at least 30 days before making a finding
based on the request.
(2) Notice requirements.--A notice provided under
paragraph (1) shall include the information available
to the Secretary concerning the request and shall be
provided by electronic means, including on the official
public Internet Web site of the Department of
Transportation.
(3) Detailed justification.--If the Secretary issues
a waiver under this subsection, the Secretary shall
publish in the Federal Register a detailed
justification for the waiver that addresses the public
comments received under paragraph (1) and shall ensure
that such justification is published before the waiver
takes effect.
* * * * * * *
Sec. 315. Rules, regulations, and recommendations
Except as provided in [sections 204(f) and 205(a) of this
title] sections 203(b)(4) and 205(a), the Secretary is
authorized to prescribe and promulgate all needful rules and
regulations for the carrying out of the provisions of this
title. The Secretary may make such recommendations to the
Congress and State transportation departments as he deems
necessary for preserving and protecting the highways and
insuring the safety of traffic thereon.
* * * * * * *
Sec. 319. Landscaping and scenic enhancement
[(a) Landscape and Roadside Development.--]The Secretary may
approve as a part of the construction of Federal-aid highways
the costs of landscape and roadside development, including
acquisition and development of publicly owned and controlled
rest and recreation areas and sanitary and other facilities
reasonably necessary to accommodate the traveling public, and
for acquisition of interests in and improvement of strips of
land necessary for the restoration, preservation, and
enhancement of scenic beauty adjacent to such highways.
[(b) Planting of Wildflowers.--
[(1) General rule.--The Secretary shall require the
planting of native wildflower seeds or seedlings, or
both, as part of any landscaping project under this
section. At least 1/4 of 1 percent of the funds
expended for such landscaping project shall be used for
such plantings.
[(2) Waiver.--The requirements of this subsection may
be waived by the Secretary if a State certifies that
native wildflowers or seedlings cannot be grown
satisfactorily or planting areas are limited or
otherwise used for agricultural purposes.
[(3) Gifts.--Nothing in this subsection shall be
construed to prohibit the acceptance of native
wildflower seeds or seedlings donated by civic
organizations or other organizations and individuals to
be used in landscaping projects.]
* * * * * * *
[Sec. 322. Magnetic levitation transportation technology deployment
program
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Eligible project costs.--The term ``eligible
project costs''--
[(A) means the capital cost of the fixed
guideway infrastructure of a MAGLEV project,
including land, piers, guideways, propulsion
equipment and other components attached to
guideways, power distribution facilities
(including substations), control and
communications facilities, access roads, and
storage, repair, and maintenance facilities,
but not including costs incurred for a new
station; and
[(B) includes the costs of preconstruction
planning activities.
[(2) Full project costs.--The term ``full project
costs'' means the total capital costs of a MAGLEV
project, including eligible project costs and the costs
of stations, vehicles, and equipment.
[(3) MAGLEV.--The term ``MAGLEV'' means
transportation systems employing magnetic levitation
that would be capable of safe use by the public at a
speed in excess of 240 miles per hour.
[(4) Partnership potential.--The term ``partnership
potential'' has the meaning given the term in the
commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1978).
[(b) Financial Assistance.--
[(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full
project costs of eligible projects selected under this
section. Financial assistance made available under this
section and projects assisted with the assistance shall
be subject to section 5333(a) of title 49, United
States Code.
[(2) Federal share.--The Federal share of full
project costs under paragraph (1) shall be not more
than 2/3.
[(3) Use of assistance.--Financial assistance
provided under paragraph (1) shall be used only to pay
eligible project costs of projects selected under this
section.
[(c) Solicitation of Applications for Assistance.--Not later
than 180 days after the date of enactment of this subsection,
the Secretary shall solicit applications from States, or
authorities designated by 1 or more States, for financial
assistance authorized by subsection (b) for planning, design,
and construction of eligible MAGLEV projects.
[(d) Project Eligibility.--To be eligible to receive
financial assistance under subsection (b), a project shall--
[(1) involve a segment or segments of a high-speed
ground transportation corridor that exhibit partnership
potential;
[(2) require an amount of Federal funds for project
financing that will not exceed the sum of--
[(A) the amounts made available under
subsection (h)(1); and
[(B) the amounts made available by States
under subsection (h)(3);
[(3) result in an operating transportation facility
that provides a revenue producing service;
[(4) be undertaken through a public and private
partnership, with at least 1/3 of full project costs
paid using non-Federal funds;
[(5) satisfy applicable statewide and metropolitan
planning requirements;
[(6) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States;
[(7) to the extent that non-United States MAGLEV
technology is used within the United States, be carried
out as a technology transfer project; and
[(8) be carried out using materials at least 70
percent of which are manufactured in the United States.
[(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
receive financial assistance under subsection (b). The criteria
shall include the extent to which--
[(1) a project is nationally significant, including
the extent to which the project will demonstrate the
feasibility of deployment of MAGLEV technology
throughout the United States;
[(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce
the need for additional highway or airport
construction;
[(3) States, regions, and localities financially
contribute to the project;
[(4) implementation of the project will create new
jobs in traditional and emerging industries;
[(5) the project will augment MAGLEV networks
identified as having partnership potential;
[(6) financial assistance would foster public and
private partnerships for infrastructure development and
attract private debt or equity investment;
[(7) financial assistance would foster the timely
implementation of a project; and
[(8) life-cycle costs in design and engineering are
considered and enhanced.
[(f) Project Selection.--
[(1) Preconstruction planning activities.--Not later
than 90 days after a deadline established by the
Secretary for the receipt of applications, the
Secretary shall evaluate the eligible projects in
accordance with the selection criteria and select 1 or
more eligible projects to receive financial assistance
for preconstruction planning activities, including--
[(A) preparation of such feasibility studies,
major investment studies, and environmental
impact statements and assessments as are
required under State law;
[(B) pricing of the final design,
engineering, and construction activities
proposed to be assisted under paragraph (2);
and
[(C) such other activities as are necessary
to provide the Secretary with sufficient
information to evaluate whether a project
should receive financial assistance for final
design, engineering, and construction
activities under paragraph (2).
[(2) Final design, engineering, and construction
activities.--After completion of preconstruction
planning activities for all projects assisted under
paragraph (1), the Secretary shall select 1 of the
projects to receive financial assistance for final
design, engineering, and construction activities.
[(g) Joint Ventures.--A project undertaken by a joint venture
of United States and non-United States persons (including a
project involving the deployment of non-United States MAGLEV
technology in the United States) shall be eligible for
financial assistance under this section if the project is
eligible under subsection (d) and selected under subsection
(f).
[(h) Funding.--
[(1) In general.--
[(A) Contract authority; authorization of
appropriations.--
[(i) In general.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out this section
$15,000,000 for fiscal year 1999,
$20,000,000 for fiscal year 2000, and
$25,000,000 for fiscal year 2001.
[(ii) Contract authority.--Funds
authorized by this subparagraph shall
be available for obligation in the same
manner as if the funds were apportioned
under chapter 1, except that--
[(I) the Federal share of the
cost of a project carried out
under this section shall be
determined in accordance with
subsection (b); and
[(II) the availability of the
funds shall be determined in
accordance with paragraph (2).
[(B) Noncontract authority authorization of
appropriations.--
[(i) In general.--There are
authorized to be appropriated from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this
section (other than subsection (i))
$200,000,000 for each of fiscal years
2000 and 2001, $250,000,000 for fiscal
year 2002, and $300,000,000 for fiscal
year 2003.
[(ii) Availability.--Notwithstanding
section 118(a), funds made available
under clause (i) shall not be available
in advance of an annual appropriation.
[(2) Availability of funds.--Funds made available
under paragraph (1) shall remain available until
expended.
[(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to
carry out the surface transportation program under
section 133 and the congestion mitigation and air
quality improvement program under section 149 may be
used by the State to pay a portion of the full project
costs of an eligible project selected under this
section, without requirement for non-Federal funds.
[(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under
this section shall be eligible for other forms of
financial assistance provided under this title and the
Transportation Equity Act for the 21st Century,
including loans, loan guarantees, and lines of credit.
[(i) Low-Speed Project.--
[(1) In general.--Notwithstanding any other provision
of this section, of the funds made available by
subsection (h)(1)(A) to carry out this section,
$5,000,000 shall be made available to the Secretary to
make grants for the research and development of low-
speed superconductivity magnetic levitation technology
for public transportation purposes in urban areas to
demonstrate energy efficiency, congestion mitigation,
and safety benefits.
[(2) Noncontract authority authorization of
appropriations.--
[(A) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out
this subsection such sums as are necessary for
each of fiscal years 2000 through 2003.
[(B) Availability.--Notwithstanding section
118(a), funds made available under subparagraph
(A)--
[(i) shall not be available in
advance of an annual appropriation; and
[(ii) shall remain available until
expended.]
* * * * * * *
Sec. 326. State assumption of responsibility for categorical exclusions
(a) Categorical Exclusion Determinations.--
(1) * * *
(2) Scope of authority.--A determination described in
paragraph (1) shall be made by a State in accordance
with criteria established by the Secretary [and only
for types of activities specifically designated by the
Secretary] and for any type of activity for which a
categorical exclusion classification is appropriate.
* * * * * * *
(4) Preservation of flexibility.--The Secretary shall
not require a State, as a condition of assuming
responsibility under this section, to forego project
delivery methods that are otherwise permissible for
highway projects.
* * * * * * *
Sec. 327. Surface transportation project delivery [pilot] program
(a) Establishment.--
(1) In general.--The Secretary shall carry out a
surface transportation project delivery [pilot] program
(referred to in this section as the ``program'').
(2) Assumption of responsibility.--
(A) In general.--Subject to the other
provisions of this section, with the written
agreement of the Secretary and a State, which
may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the responsibilities of
the Secretary with respect to one or more
[highway] projects within the State under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Additional responsibility.--If a State
assumes responsibility under subparagraph (A)--
(i) * * *
[(ii) the Secretary may not assign--
[(I) responsibility for any
conformity determination
required under section 176 of
the Clean Air Act (42 U.S.C.
7506); or
[(II) any responsibility
imposed on the Secretary by
section 134 or 135.]
(ii) the Secretary may not assign any
responsibility imposed on the Secretary
by section 5203 or 5204 of title 49.
* * * * * * *
(F) Preservation of flexibility.--The
Secretary may not require a State, as a
condition of participation in the program, to
forego project delivery methods that are
otherwise permissible for projects.
(b) State Participation.--
[(1) Number of participating States.--The Secretary
may permit not more than 5 States (including the States
of Alaska, California, Ohio, Oklahoma, and Texas) to
participate in the program.]
(1) Participating states.--All States are eligible to
participate in the program.
(2) Application.--Not later than 270 days after the
date of enactment of [this section, the Secretary shall
promulgate] amendments to this section by the American
Energy and Infrastructure Jobs Act of 2012, the
Secretary shall amend, as appropriate, regulations that
establish requirements relating to information required
to be contained in any application of a State to
participate in the program, including, at a minimum--
(A) * * *
* * * * * * *
(c) Written Agreement.--A written agreement under this
section shall--
(1) * * *
* * * * * * *
(3) provide that the State--
(A) * * *
* * * * * * *
(D) agrees to maintain the financial
resources necessary to carry out the
responsibilities being assumed[.];
(4) have a term of not more than 5 years; and
(5) be renewable.
* * * * * * *
(e) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (a)(2) shall be solely
responsible and solely liable for carrying out, in lieu of the
Secretary, the responsibilities assumed under subsection
(a)(2), until the program is terminated as provided in
[subsection (i)] subsection (j).
* * * * * * *
(g) Audits.--
(1) In general.--To ensure compliance by a State with
any agreement of the State under subsection (c)
(including compliance by the State with all Federal
laws for which responsibility is assumed under
subsection (a)(2)), for each State participating in the
program under this section, the Secretary shall
conduct--
(A) * * *
(B) annual audits during each [subsequent
year] of the third and fourth years of State
participation.
* * * * * * *
(h) Monitoring.--After the fourth year of the participation
of a State in the program, the Secretary shall monitor
compliance by the State with the written agreement, including
the provision by the State of financial resources to carry out
the written agreement.
[(h)] (i) Report to Congress.--The Secretary shall submit to
Congress an annual report that describes the administration of
the program.
[(i) Termination.--
[(1) In general.--Except as provided in paragraph
(2), the program shall terminate on the date that is 7
years after the date of enactment of this section.
[(2) Termination by Secretary.--The Secretary may
terminate the participation of any State in the program
if--
[(A) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
[(B) the Secretary provides to the State--
[(i) notification of the
determination of noncompliance; and
[(ii) a period of at least 30 days
during which to take such corrective
action as the Secretary determines is
necessary to comply with the applicable
agreement; and
[(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by Secretary.]
(j) Termination.--The Secretary may terminate the
participation of any State in the program if--
(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned
to the State;
(2) the Secretary provides to the State--
(A) notification of the determination of
noncompliance; and
(B) a period of at least 30 days during which
to take such corrective action as the Secretary
determines is necessary to comply with the
applicable agreement; and
(3) the State, after the notification and period
provided under paragraph (2), fails to take
satisfactory corrective action, as determined by the
Secretary.
(k) Definitions.--In this section, the following definitions
apply:
(1) Multimodal project.--The term ``multimodal
project'' means a project funded, in whole or in part,
under this title or chapter 53 of title 49 and
involving the participation of more than one Department
of Transportation administration or agency.
(2) Project.--The term ``project'' means any highway
project, public transportation capital project, or
multimodal project that requires the approval of the
Secretary.
* * * * * * *
Sec. 330. Funding flexibility for transportation emergencies
(a) In General.--Notwithstanding any other provision of law,
the chief executive of a State, after declaring an emergency
with respect to a transportation facility under subsection (b),
may use any covered funds of the State to repair or replace the
transportation facility.
(b) Declaration of Emergency.--To declare an emergency with
respect to a transportation facility for purposes of subsection
(a), the chief executive of a State shall provide to the
Secretary written notice of the declaration, which shall
specify--
(1) the emergency;
(2) the affected transportation facility; and
(3) the repair or replacement activities to be
carried out.
(c) Definitions.--In this section, the following definitions
apply:
(1) Covered funds.--The term ``covered funds'' means
any amounts apportioned to a State under this title,
including any such amounts required to be set aside for
a purpose other than the repair or replacement of a
transportation facility under this section.
(2) Emergency.--The term ``emergency'' means any
unexpected event or condition that--
(A) may cause, or has caused, the
catastrophic failure of a transportation
facility; and
(B) is determined to be an emergency by the
chief executive of a State.
(3) Transportation facility.--The term
``transportation facility'' means any component of the
National Highway System.
(d) Limitation on Statutory Construction.--Nothing in this
section may be construed to allow a State to change the
division of surface transportation program funding under
section 133(d)(3).
Sec. 331. Program for eliminating duplication of environmental reviews
(a) Establishment.--
(1) In general.--The Secretary shall establish a
program to eliminate duplicative environmental reviews
and approvals under State and Federal law of projects.
Under this program, a State may use State laws and
procedures to conduct reviews and make approvals in
lieu of Federal environmental laws and regulations,
consistent with the provisions of this section.
(2) Participating states.--All States are eligible to
participate in the program.
(3) Scope of alternative review and approval
procedures.--For purposes of this section, alternative
environmental review and approval procedures may
include one or more of the following:
(A) Substitution of one or more State
environmental laws for one or more Federal
environmental laws, if the Secretary determines
in accordance with this section that the State
environmental laws provide environmental
protection and opportunities for public
involvement that are substantially equivalent
to the applicable Federal environmental laws.
(B) Substitution of one or more State
regulations for Federal regulations
implementing one or more Federal environmental
laws, if the Secretary determines in accordance
with this section that the State regulations
provide environmental protection and
opportunities for public involvement that are
substantially equivalent to the Federal
regulations.
(b) Application.--To participate in the program, a State
shall submit to the Secretary an application containing such
information as the Secretary may require, including--
(1) a full and complete description of the proposed
alternative environmental review and approval
procedures of the State;
(2) for each State law or regulation included in the
proposed alternative environmental review and approval
procedures of the State, an explanation of the basis
for concluding that the law or regulation meets the
requirements under subsection (a)(3); and
(3) evidence of having sought, received, and
addressed comments on the proposed application from the
public and appropriate Federal environmental resource
agencies.
(c) Review of Application.--The Secretary shall--
(1) review an application submitted under subsection
(b);
(2) approve or disapprove the application in
accordance with subsection (d) not later than 90 days
after the date of the receipt of the application; and
(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons
for the approval or disapproval.
(d) Approval of State Programs.--
(1) In general.--The Secretary shall approve each
such application if the Secretary finds that the
proposed alternative environmental review and approval
procedures of the State are substantially equivalent to
the applicable Federal environmental laws and Federal
regulations.
(2) Exclusion.--The National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not
apply to any decision by the Secretary to approve or
disapprove any application submitted pursuant to this
section.
(e) Compliance With Permits.--Compliance with a permit or
other approval of a project issued pursuant to a program
approved by the Secretary under this section shall be deemed
compliance with the Federal laws and regulations identified in
the program approved by the Secretary pursuant to this section.
(f) Review and Termination.--
(1) Review.--All State alternative environmental
review and approval procedures approved under this
section shall be reviewed by the Secretary not less
than once every 5 years.
(2) Public notice and comment.--In conducting the
review process under paragraph (1), the Secretary shall
provide notice and an opportunity for public comment.
(3) Extensions and terminations.--At the conclusion
of the review process, the Secretary may extend the
State alternative environmental review and approval
procedures for an additional 5-year period or terminate
the State program.
(g) Report to Congress.--Not later than 2 years after the
date of enactment of this section and annually thereafter, the
Secretary shall submit to Congress a report that describes the
administration of the program.
(h) Definitions.--For purposes of this section:
(1) Environmental law.--The term ``environmental
law'' includes any law that provides procedural or
substantive protection, as applicable, for the natural
or built environment with regard to the construction
and operation of projects.
(2) Federal environmental laws.--The term ``Federal
environmental laws'' means laws governing the review of
environmental impacts of, and issuance of permits and
other approvals for, the construction and operation of
projects, including section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), section 106 of the
National Historic Preservation Act (16 U.S.C. 470f),
and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of
the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)).
(3) Multimodal project.--The term ``multimodal
project'' means a project funded, in whole or in part,
under this title or chapter 53 of title 49 and
involving the participation of more than one Department
of Transportation administration or agency.
(4) Project.--The term ``project'' means any highway
project, public transportation capital project, or
multimodal project that requires the approval of the
Secretary.
Sec. 332. State performance of legal sufficiency reviews
(a) In General.--At the request of any State transportation
department, the Federal Highway Administration shall enter into
an agreement with the State transportation department to
authorize the State to carry out the legal sufficiency reviews
for environmental impact statements and environmental
assessments under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) in accordance with this section.
(b) Terms of Agreement.--An agreement authorizing a State to
carry out legal sufficiency reviews for Federal-aid highway
projects shall contain the following provisions:
(1) A finding by the Federal Highway Administration
that the State has the capacity to carry out legal
sufficiency reviews that are equivalent in quality and
consistency to the reviews that would otherwise be
conducted by attorneys employed by such Administration.
(2) An oversight process, including periodic reviews
conducted by attorneys employed by such Administration,
to evaluate the quality of the legal sufficiency
reviews carried out by the State transportation
department under the agreement.
(3) A requirement for the State transportation
department to submit a written finding of legal
sufficiency to the Federal Highway Administration
concurrently with the request by the State for Federal
approval of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) document.
(4) An opportunity for the Federal Highway
Administration to conduct an additional legal
sufficiency review for any project, for not more than
30 days, if considered necessary by the Federal Highway
Administration.
(5) Procedures allowing either party to the agreement
to terminate the agreement for any reason with 30 days
notice to the other party.
(c) Effect of Agreement.--A legal sufficiency review carried
out by a State transportation department under this section
shall be deemed by the Federal Highway Administration to
satisfy the requirement for a legal sufficiency review in
sections 771.125(b) and 774.7(d) of title 23, Code of Federal
Regulations, or other applicable regulations issued by the
Federal Highway Administration.
* * * * * * *
CHAPTER 4--HIGHWAY SAFETY
Sec.
401. Authority of the Secretary.
* * * * * * *
[403. Highway safety research and development.]
403. Use of certain funds made available for administrative expenses.
* * * * * * *
[405. Occupant protection incentive grants.
[406. Safety belt performance grants.
[407. Innovative project grants.
[408. State traffic safety information system improvements.]
* * * * * * *
[410. Alcohol-impaired driving countermeasures.
[411. State highway safety data improvements.]
* * * * * * *
Sec. 402. Highway safety programs
[(a) Each State shall have a highway safety program approved
by the Secretary, designed to reduce traffic accidents and
deaths, injuries, and property damage resulting therefrom. Such
programs shall be in accordance with uniform guidelines
promulgated by the Secretary. Such uniform guidelines shall be
expressed in terms of performance criteria. In addition, such
uniform guidelines shall include programs (1) to reduce
injuries and deaths resulting from motor vehicles being driven
in excess of posted speed limits, (2) to encourage the proper
use of occupant protection devices (including the use of safety
belts and child restraint systems) by occupants of motor
vehicles, (3) to reduce deaths and injuries resulting from
persons driving motor vehicles while impaired by alcohol or a
controlled substance, (4) to prevent accidents and reduce
deaths and injuries resulting from accidents involving motor
vehicles and motorcycles, (5) to reduce injuries and deaths
resulting from accidents involving school buses, and (6) to
reduce accidents resulting from unsafe driving behavior
(including aggressive or fatigued driving and distracted
driving arising from the use of electronic devices in vehicles)
(7) to improve law enforcement services in motor vehicle
accident prevention, traffic supervision, and post-accident
procedures. The Secretary shall establish a highway safety
program for the collection and reporting of data on traffic-
related deaths and injuries by the States. Under such program,
the States shall collect and report such data as the Secretary
may require. The purposes of the program are to ensure national
uniform data on such deaths and injuries and to allow the
Secretary to make determinations for use in developing programs
to reduce such deaths and injuries and making recommendations
to Congress concerning legislation necessary to implement such
programs. The program shall provide for annual reports to the
Secretary on the efforts being made by the States in reducing
deaths and injuries occurring at highway construction sites and
the effectiveness and results of such efforts. The Secretary
shall establish minimum reporting criteria for the program.
Such criteria shall include, but not be limited to, criteria on
deaths and injuries resulting from police pursuits, school bus
accidents, aggressive driving, fatigued driving, distracted
driving, and speeding, on traffic-related deaths and injuries
at highway construction sites and on the configuration of
commercial motor vehicles involved in motor vehicle accidents.
Such uniform guidelines shall be promulgated by the Secretary
so as to improve driver performance (including, but not limited
to, driver education, driver testing to determine proficiency
to operate motor vehicles, driver examinations (both physical
and mental) and driver licensing) and to improve pedestrian
performance and bicycle safety. In addition such uniform
guidelines shall include, but not be limited to, provisions for
an effective record system of accidents (including injuries and
deaths resulting therefrom), accident investigations to
determine the probable causes of accidents, injuries, and
deaths, vehicle registration, operation, and inspection,
highway design and maintenance (including lighting, markings,
and surface treatment), traffic control, vehicle codes and
laws, surveillance of traffic for detection and correction of
high or potentially high accident locations, enforcement of
light transmission standards of window glazing for passenger
motor vehicles and light trucks as necessary to improve highway
safety, and emergency services. Such guidelines as are
applicable to State highway safety programs shall, to the
extent determined appropriate by the Secretary, be applicable
to federally administered areas where a Federal department or
agency controls the highways or supervises traffic operations.]
(a) State Highway Safety Programs.--
(1) In general.--Each State shall have a highway
safety program that is subject to approval by the
Secretary and is designed to reduce traffic crashes and
the fatalities, injuries, and property damage resulting
therefrom.
(2) Uniform guidelines.--A State's highway safety
program under paragraph (1) shall be established and
carried out in accordance with uniform guidelines
promulgated by the Secretary, which shall be expressed
in terms of performance criteria and shall include
programs--
(A) to reduce injuries and fatalities
resulting from motor vehicles being driven in
excess of posted speed limits;
(B) to encourage the proper use of occupant
protection devices (including the use of seat
belts and child restraints) by occupants of
motor vehicles;
(C) to reduce fatalities and injuries
resulting from persons driving motor vehicles
while impaired by alcohol or a controlled
substance;
(D) to prevent crashes and reduce fatalities
and injuries resulting from crashes involving
motor vehicles and motorcycles;
(E) to reduce crashes resulting from unsafe
driving behavior (including aggressive or
fatigued driving and distracted driving arising
from the use of electronic devices in
vehicles);
(F) to improve law enforcement activities
relating to motor vehicle crash prevention,
traffic supervision, and postcrash procedures;
(G) to improve the timeliness, accuracy,
completeness, uniformity, and accessibility of
the safety data of States that is needed--
(i) for activities relating to
performance targets established under
subsection (m);
(ii) to identify priorities for
national, State, and local highway and
traffic safety programs; and
(iii) to improve the compatibility
and interoperability of the data
systems of each State with national
data systems and the data systems of
other States;
(H) to improve driver performance, including
through driver education, driver testing to
determine proficiency to operate motor
vehicles, driver examinations (both physical
and mental), and driver licensing; and
(I) to improve pedestrian and bicycle safety.
(3) Record system.--The uniform guidelines
promulgated under paragraph (2) shall include
provisions for an effective record system of--
(A) traffic crashes, including injuries and
fatalities resulting therefrom;
(B) crash investigation activities carried
out to determine the probable causes of
crashes, injuries, and fatalities;
(C) vehicle registration, operation, and
inspection activities;
(D) highway design and maintenance
activities, including lighting, markings, and
surface treatment activities;
(E) traffic surveillance activities relating
to the detection and correction of locations
with a significant potential for crashes; and
(F) emergency services.
(4) Applicability of guidelines.--The uniform
guidelines applicable to State highway safety programs
shall, to the extent determined appropriate by the
Secretary, be applicable to federally administered
areas where a Federal department or agency controls the
highways or supervises traffic operations.
(b) Administration of State Programs.--
(1) Administrative requirements.--The Secretary may
not approve a State highway safety program under this
section which does not--
(A) * * *
* * * * * * *
(D) provide adequate and reasonable access
for the safe and convenient movement of
individuals with disabilities, including those
in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all
pedestrian crosswalks throughout the State;
[and]
(E) provide satisfactory assurances that the
State will implement activities in support of
national highway safety goals to reduce motor
vehicle related fatalities that also reflect
the primary data-related crash factors within a
State as identified by the State highway safety
planning process, including--
(i) [national law enforcement
mobilizations] any national traffic
safety law enforcement mobilizations
coordinated by the Secretary;
* * * * * * *
(iv) development of statewide data
systems to provide timely and effective
data analysis to support allocation of
highway safety resources[.];
(F) demonstrate that the State has
established a highway safety data and traffic
records coordinating committee with a
multidisciplinary membership that includes,
among others, managers, collectors, and users
of traffic records and public health and injury
control data systems;
(G) demonstrate that the State has developed
a multiyear highway safety data and traffic
records system strategic plan that--
(i) addresses existing deficiencies
in the State's highway safety data and
traffic records system;
(ii) is approved by the State's
highway safety data and traffic records
coordinating committee;
(iii) specifies how existing
deficiencies in the State's highway
safety data and traffic records system
were identified;
(iv) prioritizes, on the basis of the
identified highway safety data and
traffic records system deficiencies of
the State, the highway safety data and
traffic records system needs and goals
of the State;
(v) identifies performance-based
measures by which progress toward those
goals will be determined; and
(vi) specifies how funds apportioned
to the State under subsection (c) and
any other funds of the State are to be
used to address needs and goals
identified in the multiyear plan; and
(H) demonstrate that an assessment or audit
of the State's highway safety data and traffic
records system was conducted or updated during
the 5-year period ending on the date on which
such State highway safety program is submitted
to the Secretary for approval.
* * * * * * *
[(3) Use of technology for traffic enforcement.--The
Secretary may encourage States to use technologically
advanced traffic enforcement devices (including the use
of automatic speed detection devices such as photo-
radar) by law enforcement officers.]
[(c) Funds authorized to be appropriated to carry out this
section shall be used to aid the States to conduct the highway
safety programs approved in accordance with subsection (a),
including development and implementation of manpower training
programs, and of demonstration programs that the Secretary
determines will contribute directly to the reduction of
accidents, and deaths and injuries resulting therefrom. Such
funds shall be apportioned 75 per centum in the ratio which the
population of each State bears to the total population of all
the States, as shown by the latest available Federal census,
and 25 per centum in the ratio which the public road mileage in
each State bears to the total public road mileage in all
States. For the purposes of this subsection, a ``public road''
means any road under the jurisdiction of and maintained by a
public authority and open to public travel. Public road mileage
as used in this subsection shall be determined as of the end of
the calendar year preceding the year in which the funds are
apportioned and shall be certified to by the Governor of the
State and subject to approval by the Secretary. The annual
apportionment to each State shall not be less than three-
quarters of 1 percent of the total apportionment, except that
the apportionment to the Secretary of the Interior shall not be
less than 2 percent of the total apportionment and the
apportionments to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall not be
less than one-quarter of 1 per centum of the total
apportionment. The Secretary shall not apportion any funds
under this subsection to any State which is not implementing a
highway safety program approved by the Secretary in accordance
with this section. For the purpose of the seventh sentence of
this subsection, a highway safety program approved by the
Secretary shall not include any requirement that a State
implement such a program by adopting or enforcing any law,
rule, or regulation based on a guideline promulgated by the
Secretary under this section requiring any motorcycle operator
eighteen years of age or older or passenger eighteen years of
age or older to wear a safety helmet when operating or riding a
motorcycle on the streets and highways of that State.
Implementation of a highway safety program under this section
shall not be construed to require the Secretary to require
compliance with every uniform guideline, or with every element
of every uniform guideline, in every State. Funds apportioned
under this section to any State, that does not have a highway
safety program approved by the Secretary or that is not
implementing an approved program, shall be reduced by amounts
equal to not less than 50 per centum of the amounts that would
otherwise be apportioned to the State under this section, until
such time as the Secretary approves such program or determines
that the State is implementing an approved program, as
appropriate. The Secretary shall consider the gravity of the
State's failure to have or implement an approved program in
determining the amount of the reduction. The Secretary shall
promptly apportion to the State the funds withheld from its
apportionment if he approves the State's highway safety program
or determines that the State has begun implementing an approved
program, as appropriate, prior to the end of the fiscal year
for which the funds were withheld. If the Secretary determines
that the State did not correct its failure within such period,
the Secretary shall reapportion the withheld funds to the other
States in accordance with the formula specified in this
subsection not later than 30 days after such determination.]
(c) Apportionment of Funds.--
(1) In general.--Funds made available to carry out
this section shall be used to aid States in conducting
the highway safety programs approved under subsection
(a).
(2) Apportionment formula.--Funds described in
paragraph (1) shall be apportioned among the States
each fiscal year in the following manner:
(A) 62.5 percent in the ratio that the
population of each State bears to the total
population of all States, as shown by the
latest available Federal census.
(B) 20 percent in the ratio that the public
road mileage in each State bears to the total
public road mileage in all States.
(C) 10 percent only to States that have
enacted and are enforcing a primary safety belt
use law, in the ratio that the population of
each such State bears to the total population
of all such States, as shown by the latest
available Federal census.
(D) 5 percent only to States that have
enacted and are enforcing an ignition interlock
law, in the ratio that the population of each
such State bears to the total population of all
such States, as shown by the latest available
Federal census.
(E) 2.5 percent only to States that have
enacted and are enforcing a graduated drivers
licensing law, in the ratio that the population
of each such State bears to the total
population of all such States, as shown by the
latest available Federal census.
(3) Minimum apportionment.--The annual apportionment
under paragraph (2) to each State shall not be less
than three-quarters of 1 percent of the total
apportionment under that paragraph in the applicable
fiscal year, except that the apportionment to the
Secretary of the Interior shall not be less than 1.5
percent of the total apportionment and the
apportionments to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands shall not be less than one-quarter of 1 percent
of the total apportionment.
(4) Implementation of approved highway safety
programs.--
(A) Requirement for receiving
apportionments.--The Secretary shall not
apportion any funds under this section to any
State that is not implementing a highway safety
program approved by the Secretary under this
section.
(B) Limitations on requirements relating to
motorcycle safety helmets.--A highway safety
program approved by the Secretary shall not
include any requirement that a State implement
such program by adopting or enforcing any law,
rule, or regulation based on a guideline
promulgated by the Secretary under this section
that requires any motorcycle operator 18 years
of age or older or passenger 18 years of age or
older to wear a safety helmet when operating or
riding a motorcycle on the streets and highways
of that State.
(C) Compliance with implementation
requirements.--Implementation of a highway
safety program under this section shall not be
construed to require the Secretary to require
compliance with every uniform guideline
promulgated under this section, or with every
element of every uniform guideline, in every
State.
(D) Minimum requirements for impaired driving
high range states.--An impaired driving high
range State shall expend in a fiscal year, on
projects and activities addressing impaired
driving, at least 30 percent of the funds
apportioned to that State under paragraph (2)
for that fiscal year.
(E) Automated traffic enforcement systems.--
(i) Prohibition.--A State may not
expend funds apportioned to that State
under paragraph (2) to carry out any
program to purchase, operate, or
maintain an automated traffic
enforcement system.
(ii) Automated traffic enforcement
system defined.--In this subparagraph,
the term ``automated traffic
enforcement system'' means automated
technology that monitors compliance
with traffic laws.
[(d) All provisions] (d) Applicability of Certain
Provisions.--All provisions of chapter 1 of this title that are
applicable to National Highway System highway funds other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to the Federal-aid
systems, shall apply to the highway safety funds authorized to
be appropriated to carry out this section, except as determined
by the Secretary to be inconsistent with this section, and
except that the aggregate of all expenditures made during any
fiscal year by a State and its political subdivisions
(exclusive of Federal funds) for carrying out the State highway
safety program (other than planning and administration) shall
be available for the purpose of crediting such State during
such fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project and except
that, in the case of a local highway safety program carried out
by an Indian tribe, if the Secretary is satisfied that an
Indian tribe does not have sufficient funds available to meet
the non-Federal share of the cost of such program, he may
increase the Federal share of the cost thereof payable under
this Act to the extent necessary. In applying such provisions
of chapter 1 in carrying out this section the term ``State
transportation department'' as used in such provisions shall
mean the Governor of a State for the purposes of this section.
[(e) Uniform guidelines] (e) Cooperation.--Uniform guidelines
promulgated by the Secretary to carry out this section shall be
developed in cooperation with the States, their political
subdivisions, appropriate Federal departments and agencies, and
such other public and private organizations as the Secretary
deems appropriate.
[(f) The Secretary] (f) Department and Agency
Participation.--The Secretary may make arrangements with other
Federal departments and agencies for assistance in the
preparation of uniform guidelines for the highway safety
programs contemplated by subsection (a) and in the
administration of such programs. Such departments and agencies
are directed to cooperate in such preparation and
administration, on a reimbursable basis.
[(g) Nothing in] (g) Limitation on Funds.--Nothing in this
section authorizes the appropriation or expenditure of funds
[for (1) highway construction] for highway construction,
maintenance, or design (other than design of safety features of
highways to be incorporated into [guidelines) or (2) any
purpose for which funds are authorized by section 403 of this
title] guidelines) or for any purpose for which funds are
authorized under section 403(a).
* * * * * * *
[(k)(1) Subject to the provisions of this subsection, the
Secretary shall make a grant to any State which includes, as
part of its highway safety program under section 402 of this
title, the use of a comprehensive computerized safety
recordkeeping system designed to correlate data regarding
traffic accidents, drivers, motor vehicles, and roadways. Any
such grant may only be used by such State to establish and
maintain a comprehensive computerized traffic safety
recordkeeping system or to obtain and operate components to
support highway safety priority programs identified by the
Secretary under this section. Notwithstanding any other
provision of law, if a report, list, schedule, or survey is
prepared by or for a State or political subdivision thereof
under this subsection, such report, list, schedule, or survey
shall not be admitted as evidence or used in any suit or action
for damages arising out of any matter mentioned in such report,
list, schedule, or survey.
[(2) No State may receive a grant under this subsection in
more than two fiscal years.
[(3) The amount of the grant to any State under this
subsection for the first fiscal year such State is eligible for
a grant under this subsection shall equal 10 per centum of the
amount apportioned to such State for fiscal year 1985 under
this section. The amount of a grant to any State under this
subsection for the second fiscal year such State is eligible
for a grant under this subsection shall equal 10 per centum of
the amount apportioned to such State for fiscal year 1986 under
this section.
[(4) A State is eligible for a grant under this subsection
if--
[(A) it certifies to the Secretary that it has in
operation a computerized traffic safety recordkeeping
system and identifies proposed means of upgrading the
system acceptable to the Secretary; or
[(B) it provides to the Secretary a plan acceptable
to the Secretary for establishing and maintaining a
computerized traffic safety recordkeeping system.
[(5) The Secretary, after making the deduction authorized by
the second sentence of subsection (c) of this section for
fiscal years 1985 and 1986, shall set aside 10 per centum of
the remaining funds authorized to be appropriated to carry out
this section for the purpose of making grants under this
subsection. Funds set aside under this subsection shall remain
available for the fiscal year authorized and for the succeeding
fiscal year and any amounts remaining unexpended at the end of
such period shall be apportioned in accordance with the
provisions of subsection (c) of this section.]
[(l)] (k) Law Enforcement Vehicular Pursuit Training.--A
State shall actively encourage all relevant law enforcement
agencies in such State to follow the guidelines established for
vehicular pursuits issued by the International Association of
Chiefs of Police that are in effect on the date of enactment of
this subsection or as revised and in effect after such date as
determined by the Secretary.
[(m)] (l) Consolidation of Grant Applications.--The Secretary
shall establish an approval process by which a State may apply
for all grants under this chapter for which a single
application process with one annual deadline is appropriate.
The Bureau of Indian Affairs shall establish a similar
simplified process for applications for grants from Indian
tribes under this chapter.
(m) Establishment of Performance Targets.--
(1) In general.--The Governor of each State shall
establish quantifiable performance targets for their
State--
(A) to be incorporated into the highway
safety plan of the State under subsection (n)
each year; and
(B) with respect to, at a minimum--
(i) the average number of fatalities
in the State resulting from traffic
crashes per 100,000,000 vehicle miles
traveled;
(ii) the average number of serious
injuries in the State resulting from
traffic crashes per 100,000,000 vehicle
miles traveled;
(iii) the average number of traffic
fatalities in the State involving
drivers or motorcycle operators with a
blood alcohol content of .08 or above
per 100,000,000 vehicle miles traveled;
(iv) the average number of traffic
crashes in the State involving drivers
or motorcycle operators with a blood
alcohol content of .08 or above per
100,000,000 vehicle miles traveled;
(v) the average number of
unrestrained motor vehicle occupant
fatalities, for all seat positions, in
the State resulting from traffic
crashes per 100,000,000 vehicle miles
traveled; and
(vi) the average number of
motorcyclist fatalities in the State
resulting from traffic crashes per
100,000,000 vehicle miles traveled.
(2) Considerations in establishing performance
targets.--In establishing performance targets for a
State under this subsection, a Governor shall consider,
at a minimum--
(A) the number of fatalities in the State
resulting from traffic crashes during the
preceding 3 years;
(B) the number of serious injuries in the
State resulting from traffic crashes during the
preceding 3 years;
(C) the extent to which vehicle miles
traveled in the State may impact the number of
fatalities and serious injuries in the State
resulting from traffic crashes; and
(D) data available from the Fatality Analysis
Reporting System of the National Highway
Traffic Safety Administration.
(n) Highway Safety Plan and Reporting Requirements.--
(1) In general.--With respect to fiscal year 2014,
and each fiscal year thereafter, the Secretary shall
require the Governor of each State, as a condition of
the approval of the State's highway safety program for
that fiscal year, to develop and submit to the
Secretary for approval a highway safety plan applicable
to that fiscal year in accordance with this subsection.
The plan required under this paragraph may be
incorporated into any other document required to be
submitted under this section.
(2) Timing.--Each Governor shall submit to the
Secretary the highway safety plan of their State not
later than September 1 of the fiscal year preceding the
fiscal year to which the plan applies.
(3) Contents.--A State's highway safety plan shall
include, at a minimum--
(A) current data with respect to each
performance target established for the State
under subsection (m);
(B) for the fiscal year preceding the fiscal
year to which the plan applies, a description
of the State's performance regarding each
performance target category described in
subsection (m)(1)(B);
(C) for the fiscal year preceding the fiscal
year to which the plan applies, a description
of the projects and activities for which the
State obligated funding apportioned to the
State under this section;
(D) for the fiscal year to which the plan
applies, the State's strategy for using funds
apportioned to the State under this section for
projects and activities that will allow the
State to meet the performance targets
established for the State under subsection (m);
(E) data and data analysis supporting the
effectiveness of projects and activities
proposed in the strategy under subparagraph
(D);
(F) a description of any Federal, State,
local, or private funds that the State plans to
use, in addition to funds apportioned to the
State under this section, to carry out the
State's strategy under subparagraph (D); and
(G) a certification that the State will
maintain its aggregate expenditures for highway
safety activities, from sources other than
funds apportioned to the State under this
section, at or above the average level of such
expenditures in the 2 fiscal years preceding
the date of enactment of this subsection.
(4) Review of highway safety plans.--
(A) In general.--Not later than 60 days after
the date on which the Secretary receives a
State's highway safety plan, the Secretary
shall approve or disapprove the plan.
(B) Approvals and disapprovals.--The
Secretary shall approve or disapprove a State's
highway safety plan based on a review of the
plan, including an evaluation of whether, in
the Secretary's judgment, the plan is evidence-
based, is supported by data and analysis, and,
if implemented, will allow the State to meet
the performance targets established for the
State under subsection (m). The Secretary shall
disapprove a State's highway safety plan if the
plan does not, in the Secretary's judgment,
provide for the evidenced-based use of funding
in a manner sufficient to allow the State to
meet performance targets.
(C) Actions upon disapproval.--If the
Secretary disapproves a State's highway safety
plan, the Secretary shall inform the Governor
of the State of the reasons for the disapproval
and require the Governor to resubmit the plan
with such modifications as the Secretary
determines necessary.
(D) Review of resubmitted plans.--If the
Secretary requires a Governor to resubmit a
highway safety plan with modifications, the
Secretary shall approve or disapprove the
modified plan not later than 30 days after the
date on which the modified plan is submitted to
the Secretary.
(E) Funding allocations.--If a State failed
to accomplish, as determined by the Secretary,
a performance target established for that State
under subsection (m) in the fiscal year
preceding the fiscal year to which a State
highway safety plan under review applies, the
Secretary shall require the following to be
included in the highway safety plan under
review:
(i) If the State failed to accomplish
a performance target established under
subsection (m)(1)(B)(iii) or
(m)(1)(B)(iv), a certification that the
State will expend funds apportioned to
the State under this section, during
the fiscal year to which the plan
applies, for projects and activities
addressing impaired driving in an
amount that is at least 5 percent more
than the amount expended on such
projects and activities in the
preceding fiscal year using such funds.
(ii) If the State failed to
accomplish a performance target
established under subsection
(m)(1)(B)(v), a certification that the
State will expend funds apportioned to
the State under this section, during
the fiscal year to which the plan
applies, for projects and activities
addressing occupant protection in an
amount that is at least 5 percent more
than the amount expended on such
projects and activities in the
preceding fiscal year using such funds.
(iii) If the State failed to
accomplish a performance target
established under subsection
(m)(1)(B)(vi), a certification that the
State will expend funds apportioned to
the State under this section, during
the fiscal year to which the plan
applies, for projects and activities
addressing motorcycle safety in an
amount that is at least 5 percent more
than the amount expended on such
projects and activities in the
preceding fiscal year using such funds.
(F) Data.--
(i) Fatalities data.--A State's
compliance with performance targets
relating to fatalities shall be
determined using the most recent data
from the Fatality Analysis Reporting
System of the National Highway Traffic
Safety Administration.
(ii) Crash data.--A State's
compliance with performance targets
relating to serious injuries shall be
determined using State crash data
files.
(G) Public notice.--A State shall make each
highway safety plan of the State available to
the public.
(o) Annual Report to Congress.--Not later than October 1,
2015, and annually thereafter, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
(1) an evaluation of each State's performance with
respect to the State's highway safety plan under
subsection (n) and performance targets under subsection
(m); and
(2) such recommendations as the Secretary may have
for improvements to activities carried out under
subsections (m) and (n).
(p) Definitions.--In this section, the following definitions
apply:
(1) Child restraint.--The term ``child restraint''
means any product designed to provide restraint to a
child in a motor vehicle (including booster seats and
other products used with a lap and shoulder belt
assembly) that meets applicable Federal motor vehicle
safety standards prescribed by the National Highway
Traffic Safety Administration.
(2) Controlled substance.--The term ``controlled
substance'' has the meaning given that term in section
102 of the Controlled Substances Act (21 U.S.C. 802).
(3) Driving while intoxicated; driving under the
influence.--The terms ``driving while intoxicated'' and
``driving under the influence'' have the meaning given
those terms in section 164.
(4) Graduated drivers licensing law.--The term
``graduated drivers licensing law'' means a law enacted
by a State that requires, before the granting of an
unrestricted driver's license to individuals under the
age of 21 years, a 2-stage licensing process that
includes the following:
(A) A learner's permit stage that--
(i) allows for the acquisition of a
learner's permit by an individual not
earlier than the date on which that
individual attains 15 years and 6
months of age;
(ii) is at least 6 months in
duration;
(iii) requires an individual with a
learner's permit to complete at least
30 hours of driving supervised by a
licensed driver who is 21 years of age
or older;
(iv) requires an individual with a
learner's permit to be accompanied and
supervised by a licensed driver who is
21 years of age or older at all times
when operating a motor vehicle; and
(v) is in effect until the
commencement of the intermediate stage
or until the date on which the
applicable individual attains 18 years
of age.
(B) An intermediate stage that--
(i) applies to an individual
immediately after the expiration of the
learner's permit stage for that
individual;
(ii) is at least 6 months in
duration;
(iii) prohibits the operation of a
motor vehicle by an individual to whom
the stage applies, if that individual
is transporting more than one
nonfamilial passenger under the age of
18 years and there is no licensed
driver 21 years of age or older present
in the motor vehicle; and
(iv) prohibits an individual to whom
the stage applies from operating a
motor vehicle between the hours of
midnight and 4 a.m., unless such
individual is accompanied and
supervised by a licensed driver who is
21 years of age or older.
(5) Impaired driving high range state.--The term
``impaired driving high range State'' means a State
that averaged more than .50 alcohol impaired driving
fatalities per 100,000,000 vehicle miles traveled, as
determined using data from the Fatality Analysis
Reporting System of the National Highway Traffic Safety
Administration, for the most recent 3 years for which
data are available.
(6) Ignition interlock device.--The term ``ignition
interlock device'' means an in-vehicle device that
requires a driver to provide a breath sample prior to a
motor vehicle starting and that prevents a motor
vehicle from starting if the blood alcohol content of
the driver is above the legal limit.
(7) Ignition interlock law.--The term ``ignition
interlock law'' means a law enacted by a State that
requires throughout the State the installation of an
ignition interlock device, for a minimum of 6 months,
on each motor vehicle operated by an individual who is
convicted of driving while intoxicated or driving under
the influence.
(8) Motor vehicle.--The term ``motor vehicle'' has
the meaning given that term in section 157.
(9) Motorcyclist safety training.--The term
``motorcyclist safety training'' means a formal program
of instruction that is approved for use in a State by
the designated State authority having jurisdiction over
motorcyclist safety issues, which may include a State
motorcycle safety administrator or a motorcycle
advisory council appointed by the Governor of the
State.
(10) Primary safety belt use law.--The term ``primary
safety belt use law'' means a law enacted by a State
that--
(A) requires all occupants in the front seat
of a motor vehicle to utilize a seat belt when
the motor vehicle is being driven; and
(B) allows for a law enforcement officer to
stop a vehicle solely for the purpose of
issuing a citation for a violation of the
requirement in subparagraph (A) in the absence
of evidence of another offense.
(11) Projects and activities addressing impaired
driving.--The term ``projects and activities addressing
impaired driving'' means projects and activities--
(A) to develop and implement law enforcement
measures and tools designed to reduce impaired
driving, including training, education,
equipment, and other methods of support for law
enforcement and criminal justice professionals;
(B) to improve impaired driving prosecution
and adjudication, including the establishment
of courts that specialize in impaired driving
cases;
(C) to carry out safety campaigns relating to
impaired driving using paid media;
(D) to provide inpatient and outpatient
alcohol rehabilitation based on mandatory
assessment and appropriate treatment;
(E) to establish and improve information
systems containing data on impaired driving; or
(F) to establish and implement an ignition
interlock system for individuals convicted of
driving while intoxicated or driving under the
influence.
(12) Projects and activities addressing motorcycle
safety.--The term ``projects and activities addressing
motorcycle safety'' means projects and activities--
(A) to improve the content and delivery of
motorcyclist safety training curricula;
(B) to support licensing, training, and
safety education for motorcyclists, including
new entrants;
(C) to enhance motorcycle safety through
public service announcements, including safety
messages on road sharing, outreach, and public
awareness activities; or
(D) to provide for the safety of
motorcyclists through the promotion of
appropriate protective equipment.
(13) Projects and activities addressing occupant
protection.--The term ``projects and activities
addressing occupant protection'' means projects and
activities--
(A) to provide for occupant protection
training, education, equipment, and other
methods of support for law enforcement and
criminal justice professionals;
(B) to carry out safety campaigns relating to
occupant protection using paid media;
(C) to establish and improve information
systems containing data on occupant protection;
(D) to provide for training of firefighters,
law enforcement officers, emergency medical
services professionals, and others on the
provision of community child passenger safety
services; or
(E) to purchase child restraints for low-
income families.
(14) Public road.--The term ``public road'' means any
road under the jurisdiction of and maintained by a
public authority and open to public travel.
(15) Public road mileage.--The term ``public road
mileage'' means the number of public road miles in a
State as--
(A) determined at the end of the calendar
year preceding the year in which applicable
funds are apportioned; and
(B) certified by the Governor of the State,
subject to approval by the Secretary.
(16) Seat belt.--The term ``seat belt'' has the
meaning given that term in section 157.
[Sec. 403. Highway safety research and development
[(a) Authority of the Secretary.--The Secretary is authorized
to use funds appropriated to carry out this section to--
[(1) conduct research on all phases of highway safety
and traffic conditions, including accident causation,
highway or driver characteristics, communications, and
emergency care;
[(2) conduct ongoing research into driver behavior
and its effect on traffic safety;
[(3) conduct research on, launch initiatives to
counter, and conduct demonstration projects on fatigued
driving by drivers of motor vehicles and distracted
driving in such vehicles, including the effect that the
use of electronic devices and other factors deemed
relevant by the Secretary have on driving;
[(4) conduct training or education programs in
cooperation with other Federal departments and
agencies, States, private sector persons, highway
safety personnel, and law enforcement personnel;
[(5) conduct research on, and evaluate the
effectiveness of, traffic safety countermeasures,
including seat belts and impaired driving initiatives;
[(6) conduct research on, evaluate, and develop best
practices related to driver education programs
(including driver education curricula, instructor
training and certification, program administration and
delivery mechanisms) and make recommendations for
harmonizing driver education and multistage graduated
licensing systems;
[(7) conduct research, training, and education
programs related to older drivers;
[(8) conduct demonstration projects; and
[(9) conduct research, training, and programs
relating to motorcycle safety, including impaired
driving.
[(b) Drugs and Driver Behavior.--In addition to the research
authorized by subsection (a), the Secretary, in consultation
with other Government and private agencies as may be necessary,
is authorized to carry out safety research on the following:
[(1) The relationship between the consumption and use
of drugs and their effect upon highway safety and
drivers of motor vehicles.
[(2) Driver behavior research, including the
characteristics of driver performance, the
relationships of mental and physical abilities or
disabilities to the driving task, and the relationship
of frequency of driver crash involvement to highway
safety.
[(3) Measures that may deter drugged driving.
[(4) Programs to train law enforcement officers on
motor vehicle pursuits conducted by the officers.
[(5) Technology to detect drug use and enable States
to efficiently process toxicology evidence.
[(6) Research on the effects of illicit drugs and the
compound effects of alcohol and illicit drugs on
impairment.
[(c) The research authorized by subsections (a) and (b) of
this section may be conducted by the Secretary through grants
and contracts with public and private agencies, institutions,
and individuals.
[(d) The Secretary may, where he deems it to be in
furtherance of the purposes of section 402 of this title, vest
in State or local agencies, on such terms and conditions as he
deems appropriate, title to equipment purchased for
demonstration projects with funds authorized by this section.
[(e) In addition to the research authorized by subsection (a)
of this section, the Secretary shall, either independently or
in cooperation with other Federal departments or agencies,
conduct research into, and make grants to or contracts with
State or local agencies, institutions, and individuals for
projects to demonstrate the administrative adjudication of
traffic infractions. Such administrative adjudication
demonstration projects shall be designed to improve highway
safety by developing fair, efficient, and effective processes
and procedures for traffic infraction adjudication, utilizing
appropriate punishment, training, and rehabilitative measures
for traffic offenders. The Secretary shall report to Congress
by July 1, 1975, and each year thereafter during the
continuance of the program, on the research and demonstration
projects authorized by this subsection, and shall include in
such report a comparison of the fairness, efficiency, and
effectiveness of administrative adjudication of traffic
infractions with other methods of handling such infractions.
[(f) Collaborative Research and Development.--
[(1) In general.--For the purpose of encouraging
innovative solutions to highway safety problems,
stimulating voluntary improvements in highway safety,
and stimulating the marketing of new highway safety-
related technology by private industry, the Secretary
is authorized to undertake, on a cost-shared basis,
collaborative research and development with non-Federal
entities, including State and local governments,
colleges, and universities and corporations,
partnerships, sole proprietorships, and trade
associations that are incorporated or established under
the laws of any State or the United States. This
collaborative research may include crash data
collection and analysis; driver and pedestrian
behavior; and demonstrations of technology.
[(2) Cooperative agreements.--In carrying out this
subsection, the Secretary may enter into cooperative
research and development agreements, as defined in
section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a); except that
in entering into such agreements, the Secretary may
agree to provide not more than 50 percent of the cost
of any research or development project selected by the
Secretary under this subsection.
[(3) Project selection.--In selecting projects to be
conducted under this subsection, the Secretary shall
establish a procedure to consider the views of experts
and the public concerning the project areas.
[(4) Applicability of Stevenson-Wydler Technology
Innovation Act.--The research, development, or
utilization of any technology pursuant to an agreement
under the provisions of this subsection, including the
terms under which technology may be licensed and the
resulting royalties may be distributed, shall be
subject to the provisions of the Stevenson-Wydler
Technology Innovation Act of 1980.
[(g) International Cooperation.--The Administrator of the
National Highway Traffic Safety Administration may participate
and cooperate in international activities to enhance highway
safety.]
Sec. 403. Use of certain funds made available for administrative
expenses
(a) Highway Safety Research and Development.--The Secretary
is authorized to carry out, using funds made available out of
the Highway Trust Fund (other than the Alternative
Transportation Account) under section 5002(a)(3) of the
American Energy and Infrastructure Jobs Act of 2012--
(1) ongoing research into driver behavior and its
effect on traffic safety;
(2) research on, initiatives to counter, and
demonstration projects on fatigued driving by drivers
of motor vehicles and distracted driving in such
vehicles, including the effect that the use of
electronic devices and other factors determined
relevant by the Secretary have on driving;
(3) training or education programs in cooperation
with other Federal departments and agencies, States,
private sector persons, highway safety personnel, and
law enforcement personnel;
(4) research on and evaluations of the effectiveness
of traffic safety countermeasures, including seat belts
and impaired driving initiatives;
(5) research on, evaluations of, and identification
of best practices related to driver education programs
(including driver education curricula, instructor
training and certification, program administration, and
delivery mechanisms) and make recommendations for
harmonizing driver education and multistage graduated
licensing systems;
(6) research, training, and education programs
related to older drivers;
(7) highway safety demonstration projects related to
driver behavior, including field operational tests for
vehicle collision avoidance systems, vehicle voice
interface systems, vehicle workload management systems,
driver state monitoring systems, and autonomous
vehicles; and
(8) research, training, and programs relating to
motorcycle safety, including impaired driving.
(b) High Visibility Enforcement Program.--
(1) In general.--The Administrator of the National
Highway Traffic Safety Administration shall establish
and administer, using funds made available out of the
Highway Trust Fund (other than the Alternative
Transportation Account) under section 5002(a)(3) of the
American Energy and Infrastructure Jobs Act of 2012, a
program under which at least 2 high-visibility traffic
safety law enforcement campaigns will be carried out
for the purpose specified in paragraph (2) in each of
fiscal years 2013 through 2016.
(2) Purpose.--The purpose of each law enforcement
campaign under this subsection shall be to achieve one
or more of the following objectives:
(A) Reduce alcohol-impaired or drug-impaired
operation of motor vehicles.
(B) Increase the use of seat belts by
occupants of motor vehicles.
(C) Reduce distracted driving of motor
vehicles.
(3) Advertising.--The Administrator may use, or
authorize the use of, funds made available to carry out
this subsection to pay for the development, production,
and use of broadcast and print media advertising in
carrying out law enforcement campaigns under this
subsection. Consideration shall be given to advertising
directed at non-English speaking populations, including
those who listen to, read, or watch nontraditional
media.
(4) Coordination with states.--The Administrator
shall coordinate with States in carrying out law
enforcement campaigns under this subsection, including
advertising funded under paragraph (3), with a view
toward--
(A) relying on States to provide the law
enforcement resources for the campaigns out of
funding available under this subsection and
section 402; and
(B) providing out of National Highway Traffic
Safety Administration resources most of the
means necessary for national advertising and
education efforts associated with the law
enforcement campaigns.
(5) Annual evaluation.--The Secretary shall conduct
an annual evaluation of the effectiveness of campaigns
carried out under this subsection.
(6) State defined.--In this subsection, the term
``State'' has the meaning given that term in section
401.
(c) Availability of Funds.--The Secretary shall ensure that
at least $137,244,000 of the funds made available out of the
Highway Trust Fund (other than the Alternative Transportation
Account) under section 5002(a)(3) of the American Energy and
Infrastructure Jobs Act of 2012 each fiscal year are used for
programs and activities authorized under this section.
* * * * * * *
[Sec. 405. Occupant protection incentive grants
[(a) General Authority.--
[(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants under this section to States that adopt and
implement effective programs to reduce highway deaths
and injuries resulting from individuals riding
unrestrained or improperly restrained in motor
vehicles. Such grants may be used by recipient States
only to implement and enforce, as appropriate, such
programs.
[(2) Maintenance of effort.--No grant may be made to
a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for programs described in paragraph
(1) at or above the average level of such expenditures
in its 2 fiscal years preceding the date of enactment
of the SAFETEA-LU.
[(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 9 fiscal
years beginning after September 30, 2003.
[(4) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State pursuant to paragraph
(1) shall not exceed--
[(A) in each of the first and second fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 75 percent;
[(B) in each of the third and fourth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 50 percent; and
[(C) in each of the fifth through ninth
fiscal years beginning after September 30,
2003, in which the State receives a grant under
this section, 25 percent.
[(b) Grant Eligibility.--A State shall become eligible for a
grant under this section by adopting or demonstrating to the
satisfaction of the Secretary at least 4 of the following:
[(1) Safety belt use law.--The State has in effect a
safety belt use law that makes unlawful throughout the
State the operation of a passenger motor vehicle
whenever an individual (other than a child who is
secured in a child restraint system) in the front seat
of the vehicle (and, beginning in fiscal year 2001, in
any seat in the vehicle) does not have a safety belt
properly secured about the individual's body.
[(2) Primary safety belt use law.--The State provides
for primary enforcement of the safety belt use law of
the State.
[(3) Minimum fine or penalty points.--The State
imposes a minimum fine or provides for the imposition
of penalty points against the driver's license of an
individual--
[(A) for a violation of the safety belt use
law of the State; and
[(B) for a violation of the child passenger
protection law of the State.
[(4) Special traffic enforcement program.--The State
has implemented a statewide special traffic enforcement
program for occupant protection that emphasizes
publicity for the program.
[(5) Child passenger protection education program.--
The State has implemented a statewide comprehensive
child passenger protection education program that
includes education programs about proper seating
positions for children in air bag equipped motor
vehicles and instruction on how to reduce the improper
use of child restraint systems.
[(6) Child passenger protection law.--The State has
in effect a law that requires minors who are riding in
a passenger motor vehicle to be properly secured in a
child safety seat or other appropriate restraint
system.
[(c) Grant Amounts.--The amount of a grant for which a State
qualifies under this section for a fiscal year shall equal up
to 100 percent of the amount apportioned to the State for
fiscal year 2003 under section 402.
[(e) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.
[(f) Definitions.--In this section, the following definitions
apply:
[(1) Child safety seat.--The term ``child safety
seat'' means any device (except safety belts) designed
for use in a motor vehicle to restrain, seat, or
position a child who weighs 50 pounds or less.
[(2) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated only on a rail line.
[(3) Multipurpose passenger vehicle.--The term
``multipurpose passenger vehicle'' means a motor
vehicle with motive power (except a trailer), designed
to carry not more than 10 individuals, that is
constructed either on a truck chassis or with special
features for occasional off-road operation.
[(4) Passenger car.--The term ``passenger car'' means
a motor vehicle with motive power (except a
multipurpose passenger vehicle, motorcycle, or trailer)
designed to carry not more than 10 individuals.
[(5) Passenger motor vehicle.--The term ``passenger
motor vehicle'' means a passenger car or a multipurpose
passenger motor vehicle.
[(6) Safety belt.--The term ``safety belt'' means--
[(A) with respect to open-body passenger
vehicles, including convertibles, an occupant
restraint system consisting of a lap belt or a
lap belt and a detachable shoulder belt; and
[(B) with respect to other passenger
vehicles, an occupant restraint system
consisting of integrated lap and shoulder
belts.
[Sec. 406. Safety belt performance grants
[(a) In General.--The Secretary shall make grants to States
in accordance with the provisions of this section to encourage
the enactment and enforcement of laws requiring the use of
safety belts in passenger motor vehicles.
[(b) Grants for Enacting Primary Safety Belt Use Laws.--
[(1) In general.--The Secretary shall make a single
grant to each State that either--
[(A) enacts for the first time after December
31, 2002, and has in effect and is enforcing a
conforming primary safety belt use law for all
passenger motor vehicles; or
[(B) in the case of a State that does not
have such a primary safety belt use law, has
after December 31, 2005, a State safety belt
use rate of 85 percent or more for each of the
2 calendar years immediately preceding the
fiscal year of a grant, as measured under
criteria determined by the Secretary.
[(2) Amount.--The amount of a grant available to a
State in fiscal year 2006 or in a subsequent fiscal
year under paragraph (1) shall equal 475 percent of the
amount apportioned to the State under section 402(c)
for fiscal year 2003.
[(3) July 1 cut-off.--For the purpose of determining
the eligibility of a State for a grant under paragraph
(1)(A), a conforming primary safety belt use law
enacted after June 30th of any year shall--
[(A) not be considered to have been enacted
in the Federal fiscal year in which that June
30th falls; but
[(B) be considered as if it were enacted
after October 1 of the next Federal fiscal
year.
[(4) Shortfall.--If the total amount of grants
provided for by this subsection for a fiscal year
exceeds the amount of funds available for such grants
for that fiscal year, the Secretary shall make grants
under this subsection to States in the order in which--
[(A) the conforming primary safety belt use
law came into effect; or
[(B) the State's safety belt use rate was 85
percent or more for 2 consecutive calendar
years (as measured under by criteria determined
by the Secretary), whichever first occurs.
[(5) Catch-up grants.--The Secretary shall make a
grant to any State eligible for a grant under this
subsection that did not receive a grant for a fiscal
year because of the application of paragraph (4), in
the next fiscal year if the State's conforming primary
safety belt use law remains in effect or its safety
belt use rate is 85 percent or more for the 2
consecutive calendar years preceding such next fiscal
year (subject to the condition in paragraph (4)).
[(c) Grants for Pre-2003 Laws.--
[(1) In general.--To the extent that amounts made
available for grants under this section for any of
fiscal years 2006 through 2009 exceed the total amount
of grants to be awarded under subsection (b) for the
fiscal year, including amounts to be awarded for catch-
up grants under subsection (b)(5), the Secretary shall
make a single grant to each State that enacted, has in
effect, and is enforcing a conforming primary safety
belt use law for all passenger motor vehicles that was
in effect before January 1, 2003.
[(2) Amount; installments.--The amount of a grant
available to a State under this subsection shall be
equal to 200 percent of the amount of funds apportioned
to the State under section 402(c) for fiscal year 2003.
The Secretary may award the grant in annual
installments.
[(d) Allocation of Unallocated Funds.--
[(1) Additional grants.--The Secretary shall make
additional grants under this section of any amounts
made available for grants under this section that, on
July 1, 2009, have not been allocated to States under
this section.
[(2) Allocation.--The additional grants made under
this subsection shall be allocated among all States
that, as of that date, have enacted, have in effect,
and are enforcing conforming primary safety belt laws
for all passenger motor vehicles. The allocations shall
be made in accordance with the formula for apportioning
funds among the States under section 402(c).
[(e) Use of Grant Funds.--
[(1) In general.--Subject to paragraph (2), a State
may use a grant under this section for any safety
purpose under this title or for any project that
corrects or improves a hazardous roadway location or
feature or proactively addresses highway safety
problems, including--
[(A) intersection improvements;
[(B) pavement and shoulder widening;
[(C) installation of rumble strips and other
warning devices;
[(D) improving skid resistance;
[(E) improvements for pedestrian or bicyclist
safety;
[(F) railway-highway crossing safety;
[(G) traffic calming;
[(H) the elimination of roadside obstacles;
[(I) improving highway signage and pavement
marking;
[(J) installing priority control systems for
emergency vehicles at signalized intersections;
[(K) installing traffic control or warning
devices at locations with high accident
potential;
[(L) safety-conscious planning; and
[(M) improving crash data collection and
analysis.
[(2) Safety activity requirement.--Notwithstanding
paragraph (1), the Secretary shall ensure that at least
$1,000,000 of amounts received by States under this
section are obligated for safety activities under this
chapter.
[(3) Support activity.--The Secretary or his designee
may engage in activities with States and State
legislators to consider proposals related to safety
belt use laws.
[(f) Carry-Forward of Excess Funds.--If the amount available
for grants under this section for any fiscal year exceeds the
sum of the grants made under this section for that fiscal year,
the excess amount and obligational authority shall be carried
forward and made available for grants under this section in the
succeeding fiscal year.
[(g) Federal Share.--The Federal share payable for grants
under this section shall be 100 percent.
[(h) Passenger Motor Vehicle Defined.--In this section, the
term ``passenger motor vehicle'' means--
[(1) a passenger car;
[(2) a pickup truck; and
[(3) a van, minivan, or sport utility vehicle with a
gross vehicle weight rating of less than 10,000 pounds.
[Sec. 407. Innovative project grants
[(a) In addition to other grants authorized by this chapter,
the Secretary may make grants in any fiscal year to those
States, political subdivisions thereof, and nonprofit
organizations which develop innovative approaches to highway
safety problems in accordance with criteria to be established
by the Secretary in cooperation with the States, political
subdivisions thereof, and such nonprofit organizations as the
Secretary deems appropriate.
[(b) The Secretary shall establish a procedure for the
selection of grant applications submitted under this section.
In developing such procedure, the Secretary shall consult with
the States and political subdivisions thereof, appropriate
Federal departments and agencies, and such other public and
nonprofit organizations as the Secretary deems appropriate.
[(c) Any State, political subdivision thereof, and nonprofit
organization may make an application under this section to
carry out an innovative project described in subsection (a) of
this section. Such application shall be in such form and
contain such information as the Secretary, by regulation,
prescribes.
[(d) Not to exceed 2 per centum of the funds authorized to be
appropriated to carry out this section shall be available to
the Secretary for the necessary costs of administering the
provisions of this section.
[(e) The Secretary shall submit an annual report to the
Congress which provides a description of each application
received for a grant under this section and an evaluation of
innovative projects carried out with grants made under this
section.
[Sec. 408. State traffic safety information system improvements
[(a) Grant Authority.--Subject to the requirements of this
section, the Secretary shall make grants to eligible States to
support the development and implementation of effective
programs by such States to--
[(1) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the
safety data of the State that is needed to identify
priorities for national, State, and local highway and
traffic safety programs;
[(2) evaluate the effectiveness of efforts to make
such improvements;
[(3) link the State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical, roadway, and economic
data; and
[(4) improve the compatibility and interoperability
of the data systems of the State with national data
systems and data systems of other States and enhance
the ability of the Secretary to observe and analyze
national trends in crash occurrences, rates, outcomes,
and circumstances.
[(b) First-Year Grants.--To be eligible for a first-year
grant under this section in a fiscal year, a State shall
demonstrate to the satisfaction of the Secretary that the State
has--
[(1) established a highway safety data and traffic
records coordinating committee with a multidisciplinary
membership that includes, among others, managers,
collectors, and users of traffic records and public
health and injury control data systems; and
[(2) developed a multiyear highway safety data and
traffic records system strategic plan--
[(A) that addresses existing deficiencies in
the State's highway safety data and traffic
records system;
[(B) that is approved by the highway safety
data and traffic records coordinating
committee;
[(C) that specifies how existing deficiencies
in the State's highway safety data and traffic
records system were identified;
[(D) that prioritizes, on the basis of the
identified highway safety data and traffic
records system deficiencies of the State, the
highway safety data and traffic records system
needs and goals of the State, including the
activities under subsection (a);
[(E) that identifies performance-based
measures by which progress toward those goals
will be determined; and
[(F) that specifies how the grant funds and
any other funds of the State are to be used to
address needs and goals identified in the
multiyear plan.
[(c) Successive Year Grants.--A State shall be eligible for a
grant under this subsection in a fiscal year succeeding the
first fiscal year in which the State receives a grant under
subsection (b) if the State--
[(1) certifies to the Secretary that an assessment or
audit of the State's highway safety data and traffic
records system has been conducted or updated within the
preceding 5 years;
[(2) certifies to the Secretary that its highway
safety data and traffic records coordinating committee
continues to operate and supports the multiyear plan;
[(3) specifies how the grant funds and any other
funds of the State are to be used to address needs and
goals identified in the multiyear plan;
[(4) demonstrates to the Secretary measurable
progress toward achieving the goals and objectives
identified in the multiyear plan; and
[(5) submits to the Secretary a current report on the
progress in implementing the multiyear plan.
[(d) Grant Amount.--Subject to subsection (e)(3), the amount
of a year grant made to a State for a fiscal year under this
section shall equal the higher of--
[(1) the amount determined by multiplying--
[(A) the amount appropriated to carry out
this section for such fiscal year, by
[(B) the ratio that the funds apportioned to
the State under section 402 for fiscal year
2003 bears to the funds apportioned to all
States under such section for fiscal year 2003;
or
[(2)(A) $300,000 in the case of the first fiscal year
a grant is made to a State under this section after the
date of enactment of this subparagraph; or
[(B) $500,000 in the case of a succeeding fiscal year
a grant is made to the State under this section after
such date of enactment.
[(e) Additional Requirements and Limitations.--
[(1) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements that are useful
for the observation and analysis of State and national
trends in occurrences, rates, outcomes, and
circumstances of motor vehicle traffic accidents. In
order to be eligible for a grant under this section, a
State shall submit to the Secretary a certification
that the State has adopted and uses such model data
elements, or a certification that the State will use
grant funds provided under this section toward adopting
and using the maximum number of such model data
elements as soon as practicable.
[(2) Data on use of electronic devices.--The model
data elements required under paragraph (1) shall
include data elements, as determined appropriate by the
Secretary, in consultation with the States and
appropriate elements of the law enforcement community,
on the impact on traffic safety of the use of
electronic devices while driving.
[(3) Maintenance of effort.--No grant may be made to
a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for highway safety data programs at
or above the average level of such expenditures
maintained by such State in the 2 fiscal years
preceding the date of enactment of the SAFETEA-LU.
[(4) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State
program described in subsection (a) may not exceed 80
percent.
[(5) Limitation on use of grant proceeds.--A State
may use the proceeds of a grant received under this
section only to implement the program described in
subsection (a) for which the grant is made.
[(f) Applicability of Chapter 1.--Section 402(d) of this
title shall apply in the administration of this section.]
Sec. 409. Discovery and admission as evidence of certain reports and
surveys
Notwithstanding any other provision of law, reports, surveys,
schedules, lists, or data compiled or collected for the purpose
of identifying, evaluating, or planning the safety enhancement
of potential accident sites, hazardous roadway conditions, or
railway-highway crossings, pursuant to sections 130, 144, [and
148] 148, and 402 of this title or for the purpose of
developing any highway safety construction improvement project
which may be implemented utilizing Federal-aid highway funds
shall not be subject to discovery or admitted into evidence in
a Federal or State court proceeding or considered for other
purposes in any action for damages arising from any occurrence
at a location mentioned or addressed in such reports, surveys,
schedules, lists, or data.
[Sec. 410. Alcohol-impaired driving countermeasures
[(a) General Authority.--
[(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs to reduce traffic safety problems resulting
from individuals driving while under the influence of
alcohol. Such grants may only be used by recipient
States to implement and enforce such programs.
[(2) Maintenance of effort.--No grant may be made to
a State under this subsection in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for alcohol traffic safety programs
at or above the average level of such expenditures in
its 2 fiscal years preceding the date of enactment of
the SAFETEA-LU.
[(3) Federal share.--The Federal share of the cost of
implementing and enforcing in a fiscal year a program
adopted by a State pursuant to paragraph (1) shall not
exceed--
[(A) in each of the first and second fiscal
years in which the State receives a grant under
this section, 75 percent;
[(B) in each of the third and fourth fiscal
years in which the State receives a grant under
this section, 50 percent; and
[(C) in each of the fifth through eleventh
fiscal years in which the State receives a
grant under this section, 25 percent.
[(b) Eligibility Requirements.--To be eligible for a grant
under subsection (a), a State shall--
[(1) have an alcohol related fatality rate of 0.5 or
less per 100,000,000 vehicle miles traveled as of the
date of the grant, as determined by the Secretary using
the most recent Fatality Analysis Reporting System of
the National Highway Traffic Safety Administration; or
[(2)(A) for fiscal year 2006 by carrying out 3 of the
programs and activities under subsection (c);
[(B) for fiscal year 2007 by carrying out 4 of the
programs and activities under subsection (c); or
[(C) for each of fiscal years 2008 through 2012 by
carrying out 5 of the programs and activities under
subsection (c).
[(c) State Programs and Activities.--The programs and
activities referred to in subsection (b) are the following:
[(1) Check point, saturation patrol program.--A State
program to conduct a series of high visibility,
statewide law enforcement campaigns in which law
enforcement personnel monitor for impaired driving,
either through the use of sobriety check points or
saturation patrols, on a nondiscriminatory, lawful
basis for the purpose of determining whether the
operators of the motor vehicles are driving while under
the influence of alcohol--
[(A) if the State organizes the campaigns in
cooperation with related periodic national
campaigns organized by the National Highway
Traffic Safety Administration, except that this
subparagraph does not preclude a State from
initiating sustained high visibility, Statewide
law enforcement campaigns independently of the
cooperative efforts; and
[(B) if, for each fiscal year, the State
demonstrates to the Secretary that the State
and the political subdivisions of the State
that receive funds under this section have
increased, in the aggregate, the total number
of impaired driving law enforcement activities
at high incident locations (or any other
similar activity approved by the Secretary)
initiated in such State during the preceding
fiscal year by a factor that the Secretary
determines meaningful for the State over the
number of such activities initiated in such
State during the preceding fiscal year.
[(2) Prosecution and adjudication outreach program.--
A State prosecution and adjudication program under
which--
[(A) the State works to reduce the use of
diversion programs by educating and informing
prosecutors and judges through various outreach
methods about the benefits and merits of
prosecuting and adjudicating defendants who
repeatedly commit impaired driving offenses;
[(B) the courts in a majority of the judicial
jurisdictions of the State are monitored on the
courts' adjudication of cases of impaired
driving offenses; or
[(C) annual statewide outreach is provided
for judges and prosecutors on innovative
approaches to the prosecution and adjudication
of cases of impaired driving offenses that have
the potential for significantly improving the
prosecution and adjudication of such cases.
[(3) Testing of BAC.--An effective system for
increasing from the previous year the rate of blood
alcohol concentration testing of motor vehicle drivers
involved in fatal accidents.
[(4) High risk drivers.--A law that establishes
stronger sanctions or additional penalties for
individuals convicted of operating a motor vehicle
while under the influence of alcohol whose blood
alcohol concentration is 0.15 percent or more than for
individuals convicted of the same offense but with a
lower blood alcohol concentration. For purposes of this
paragraph, ``additional penalties'' includes--
[(A) a 1-year suspension of a driver's
license, but with the individual whose license
is suspended becoming eligible after 45 days of
such suspension to obtain a provisional
driver's license that would permit the
individual to drive--
[(i) only to and from the
individual's place of employment or
school; and
[(ii) only in an automobile equipped
with a certified alcohol ignition
interlock device; and
[(B) a mandatory assessment by a certified
substance abuse official of whether the
individual has an alcohol abuse problem with
possible referral to counseling if the official
determines that such a referral is appropriate.
[(5) Programs for effective alcohol rehabilitation
and DWI courts.--A program for effective inpatient and
outpatient alcohol rehabilitation based on mandatory
assessment and appropriate treatment for repeat
offenders or a program to refer impaired driving cases
to courts that specialize in driving while impaired
cases that emphasize the close supervision of high-risk
offenders.
[(6) Underage drinking program.--An effective
strategy, as determined by the Secretary, for
preventing operators of motor vehicles under age 21
from obtaining alcoholic beverages and for preventing
persons from making alcoholic beverages available to
individuals under age 21. Such a strategy may include--
[(A) the issuance of tamper-resistant
drivers' licenses to individuals under age 21
that are easily distinguishable in appearance
from drivers' licenses issued to individuals
age 21 or older; and
[(B) a program provided by a nonprofit
organization for training point of sale
personnel concerning, at a minimum--
[(i) the clinical effects of alcohol;
[(ii) methods of preventing second
party sales of alcohol;
[(iii) recognizing signs of
intoxication;
[(iv) methods to prevent underage
drinking; and
[(v) Federal, State, and local laws
that are relevant to such personnel;
and
[(C) having a law in effect that creates a
0.02 percent blood alcohol content limit for
drivers under 21 years old.
[(7) Administrative license revocation.--An
administrative driver's license suspension or
revocation system for individuals who operate motor
vehicles while under the influence of alcohol that
requires that--
[(A) in the case of an individual who, in any
5-year period beginning after the date of
enactment of the Transportation Equity Act for
the 21st Century, is determined on the basis of
a chemical test to have been operating a motor
vehicle while under the influence of alcohol or
is determined to have refused to submit to such
a test as proposed by a law enforcement
officer, the State agency responsible for
administering drivers' licenses, upon receipt
of the report of the law enforcement officer--
[(i) suspend the driver's license of
such individual for a period of not
less than 90 days if such individual is
a first offender in such 5-year period;
except that under such suspension an
individual may operate a motor vehicle,
after the 15-day period beginning on
the date of the suspension, to and from
employment, school, or an alcohol
treatment program if an ignition
interlock device is installed on each
of the motor vehicles owned or
operated, or both, by the individual;
and
[(ii) suspend the driver's license of
such individual for a period of not
less than 1 year, or revoke such
license, if such individual is a repeat
offender in such 5- year period; except
that such individual to operate a motor
vehicle, after the 45-day period
beginning on the date of the suspension
or revocation, to and from employment,
school, or an alcohol treatment program
if an ignition interlock device is
installed on each of the motor vehicles
owned or operated, or both, by the
individual; and
[(B) the suspension and revocation referred
to under clauses (i) and (ii) take effect not
later than 30 days after the date on which the
individual refused to submit to a chemical test
or received notice of having been determined to
be driving under the influence of alcohol, in
accordance with the procedures of the State.
[(8) Self sustaining impaired driving prevention
program.--A program under which a significant portion
of the fines or surcharges collected from individuals
who are fined for operating a motor vehicle while under
the influence of alcohol are returned to communities
for comprehensive programs for the prevention of
impaired driving.
[(d) Uses of Grants.--Subject to subsection (g)(2), grants
made under this section may be used for all programs and
activities described in subsection (c), and to defray the
following costs:
[(1) Labor costs, management costs, and equipment
procurement costs for the high visibility, Statewide
law enforcement campaigns under subsection (c)(1).
[(2) The costs of the training of law enforcement
personnel and the procurement of technology and
equipment, including video equipment and passive
alcohol sensors, to counter directly impaired operation
of motor vehicles.
[(3) The costs of public awareness, advertising, and
educational campaigns that publicize use of sobriety
check points or increased law enforcement efforts to
counter impaired operation of motor vehicles.
[(4) The costs of public awareness, advertising, and
educational campaigns that target impaired operation of
motor vehicles by persons under 34 years of age.
[(5) The costs of the development and implementation
of a State impaired operator information system.
[(6) The costs of operating programs that result in
vehicle forfeiture or impoundment or license plate
impoundment.
[(e) Additional Authorities for Certain Authorized Uses.--
[(1) Combination of grant proceeds.--Grant funds used
for a campaign under subsection (d)(3) may be combined,
or expended in coordination, with proceeds of grants
under section 402.
[(2) Coordination of uses.--Grant funds used for a
campaign under paragraph (3) or (4) of subsection (d)
may be expended--
[(A) in coordination with employers, schools,
entities in the hospitality industry, and
nonprofit traffic safety groups; and
[(B) in coordination with sporting events and
concerts and other entertainment events.
[(f) Allocation.--Subject to subsection (g), funds made
available to carry out this section shall be allocated among
States that meet the eligibility criteria in subsection (b) on
the basis of the apportionment formula under section 402(c).
[(g) Grants to High Fatality Rate States.--
[(1) In general.--The Secretary shall make a separate
grant under this section to each State that--
[(A) is among the 10 States with the highest
impaired driving related fatalities as
determined by the Secretary using the most
recent Fatality Analysis Reporting System of
the National Highway Traffic Safety
Administration; and
[(B) prepares a plan for grant expenditures
under this subsection that is approved by the
Administrator of the National Highway Traffic
Safety Administration.
[(2) Required uses.--At least one-half of the amounts
allocated to States under this subsection may only be
used for the program described in subsection (c)(1).
[(3) Allocation.--Funds made available under this
subsection shall be allocated among States described in
paragraph (1) on the basis of the apportionment formula
under section 402(c), except that no State shall be
allocated more than 30 percent of the funds made
available to carry out this subsection for a fiscal
year.
[(4) Funding.--Not more than 15 percent per fiscal
year of amounts made available to carry out this
section for a fiscal year shall be made available by
the Secretary for making grants under this subsection.
[(h) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.
[(i) Definitions.--In this section, the following definitions
apply:
[(1) Alcoholic beverage.--The term ``alcoholic
beverage'' has the meaning given such term in section
158(c).
[(2) Controlled substances.--The term ``controlled
substances'' has the meaning given such term in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
[(3) Motor vehicle.--The term ``motor vehicle'' has
the meaning given such term in section 405.
[(4) Impaired operator.--The term ``impaired
operator'' means a person who, while operating a motor
vehicle--
[(A) has a blood alcohol content of 0.08
percent or higher; or
[(B) is under the influence of a controlled
substance.
[(5) Impaired driving related fatality rate.--The
term ``impaired driving related fatality rate'' means
the rate of alcohol related fatalities, as calculated
in accordance with regulations which the Administrator
of the National Highway Traffic Safety Administration
shall prescribe.
[Sec. 411. State highway safety data improvements
[(a) General Authority.--
[(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs--
[(A) to improve the timeliness, accuracy,
completeness, uniformity, and accessibility of
the data of the State that is needed to
identify priorities for national, State, and
local highway and traffic safety programs;
[(B) to evaluate the effectiveness of efforts
to make such improvements;
[(C) to link these State data systems,
including traffic records, with other data
systems within the State, such as systems that
contain medical and economic data; and
[(D) to improve the compatibility of the data
system of the State with national data systems
and data systems of other States and to enhance
the ability of the Secretary to observe and
analyze national trends in crash occurrences,
rates, outcomes, and circumstances.
Such grants may be used by recipient States only to
implement such programs.
[(2) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements necessary to
observe and analyze national trends in crash
occurrences, rates, outcomes, and circumstances. In
order to become eligible for a grant under this
section, a State shall demonstrate how the multiyear
highway safety data and traffic records plan of the
State described in subsection (b)(1) will be
incorporated into data systems of the State.
[(3) Maintenance of effort.--No grant may be made to
a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for highway safety data programs at
or above the average level of such expenditures in its
2 fiscal years preceding the date of enactment of the
Transportation Equity Act for the 21st Century.
[(4) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, 1997.
[(5) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State pursuant to paragraph
(1) shall not exceed--
[(A) in the first and second fiscal years in
which the State receives a grant under this
section, 75 percent;
[(B) in the third and fourth fiscal years in
which the State receives a grant under this
section, 50 percent; and
[(C) in the fifth and sixth fiscal years in
which the State receives a grant under this
section, 25 percent.
[(b) First-Year Grants.--
[(1) Eligibility.--A State shall become eligible for
a first-year grant under this subsection in a fiscal
year if the State either--
[(A) demonstrates, to the satisfaction of the
Secretary, that the State has--
[(i) established a highway safety
data and traffic records coordinating
committee with a multidisciplinary
membership, including the
administrators, collectors, and users
of such data (including the public
health, injury control, and motor
carrier communities);
[(ii) completed, within the preceding
5 years, a highway safety data and
traffic records assessment or an audit
of the highway safety data and traffic
records system of the State; and
[(iii) initiated the development of a
multiyear highway safety data and
traffic records strategic plan that--
[(I) identifies and
prioritizes the highway safety
data and traffic records needs
and goals of the State;
[(II) identifies performance-
based measures by which
progress toward those goals
will be determined; and
[(III) will be submitted to
the highway safety data and
traffic records coordinating
committee of the State for
approval; or
[(B) provides, to the satisfaction of the
Secretary--
[(i) a certification that the State
has met the requirements of clauses (i)
and (ii) of subparagraph (A);
[(ii) a multiyear highway safety data
and traffic records strategic plan
that--
[(I) meets the requirements
of subparagraph (A)(iii); and
[(II) specifies how the
incentive funds of the State
for the fiscal year will be
used to address needs and goals
identified in the plan; and
[(iii) a certification that the
highway safety data and traffic records
coordinating committee of the State
continues to operate and supports the
multiyear plan described in clause
(ii).
[(2) Grant amounts.--The amount of a first-year grant
made to a State for a fiscal year under this subsection
shall equal--
[(A) if the State is eligible for the grant
under paragraph (1)(A), $125,000; and
[(B) if the State is eligible for the grant
under paragraph (1)(B), an amount determined by
multiplying--
[(i) the amount appropriated to carry
out this section for such fiscal year;
by
[(ii) the ratio that the funds
apportioned to the State under section
402 for fiscal year 1997 bears to the
funds apportioned to all States under
section 402 for fiscal year 1997;
except that no State eligible for a grant under
paragraph (1)(B) shall receive less than
$250,000.
[(3) States not meeting criteria.--The Secretary may
award a grant of up to $25,000 for 1 year to any State
that does not meet the criteria established in
paragraph (1). The grant may only be used to conduct
activities needed to enable the State to qualify for a
first-year grant in the next fiscal year.
[(c) Succeeding Year Grants.--
[(1) Eligibility.--A State shall be eligible for a
grant under this subsection in a fiscal year succeeding
the first fiscal year in which the State receives a
grant under subsection (b) if the State, to the
satisfaction of the Secretary--
[(A) submits or updates a multiyear highway
safety data and traffic records strategic plan
that meets the requirements of subsection
(b)(1);
[(B) certifies that the highway safety data
and traffic records coordinating committee of
the State continues to operate and supports the
multiyear plan; and
[(C) reports annually on the progress of the
State in implementing the multiyear plan.
[(2) Grant amounts.--The amount of a succeeding year
grant made to the State for a fiscal year under this
paragraph shall equal the amount determined by
multiplying--
[(A) the amount appropriated to carry out
this section for such fiscal year; by
[(B) the ratio that the funds apportioned to
the State under section 402 for fiscal year
1997 bears to the funds apportioned to all
States under section 402 for fiscal year 1997;
except that no State eligible for a grant under this
paragraph shall receive less than $225,000.
[(d) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
[(e) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.]
* * * * * * *
CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec.
501. Definitions.
[502. Surface transportation research.
[503. Technology deployment program.]
502. Surface transportation research, development, and technology.
503. Research and development.
503a. Technology and innovation deployment program.
* * * * * * *
[506. International highway transportation outreach program.
[507. Surface transportation environment and planning cooperative
research program.]
* * * * * * *
[509. National cooperative freight transportation research program.
[510. Future strategic highway research program.]
* * * * * * *
[512. National ITS Program Plan.
[513. Use of funds for ITS activities.]
512. National intelligent transportation systems program plan.
513. Use of funds for intelligent transportation systems activities.
514. Intelligent transportation systems program goals and purposes.
515. Intelligent transportation systems program general authority and
requirements.
516. Intelligent transportation systems research and development.
517. Intelligent transportation systems national architecture and
standards.
Sec. 501. Definitions
In this chapter, the following definitions apply:
(1) Connected vehicle technology.--The term
``connected vehicle technology'' means the utilization
of wireless technology to enable multiple vehicles to
communicate information to each other.
[(1)] (2) Federal laboratory.--The term ``Federal
laboratory'' includes a Government-owned, Government-
operated laboratory and a Government-owned, contractor-
operated laboratory.
(3) Incident.--The term ``incident'' means a crash,
natural disaster, workzone activity, special event, or
other emergency road user occurrence that adversely
affects or impedes the normal flow of traffic.
(4) Intelligent transportation infrastructure.--The
term ``intelligent transportation infrastructure''
means fully integrated public sector intelligent
transportation system components, as defined by the
Secretary.
(5) Intelligent transportation system.--The term
``intelligent transportation system'' means
electronics, photonics, communications, or information
processing used singly or in combination to improve the
efficiency or safety of a surface transportation
system.
(6) National architecture.--The term ``national
architecture'' means the common framework for
interoperability that defines--
(A) the functions associated with intelligent
transportation system user services;
(B) the physical entities or subsystems
within which the functions reside;
(C) the data interfaces and information flows
between physical subsystems; and
(D) the communications requirements
associated with the information flows.
[(2)] (7) Safety.--The term ``safety'' includes
highway and traffic safety systems, research, and
development relating to vehicle, highway, driver,
passenger, bicyclist, and pedestrian characteristics,
accident investigations, communications, emergency
medical care, and transportation of the injured.
* * * * * * *
Sec. 502. Surface transportation [research] research, development, and
technology
(a) Basic Principles Governing Research and Technology
Investments.--
(1) * * *
(2) Federal responsibility.--Funding and conducting
surface transportation research and technology transfer
activities shall be considered a basic responsibility
of the Federal Government when the work--
(A) * * *
(B) addresses current or emerging needs;
[(B) supports research in which there is] (C)
delivers a clear public benefit and private
sector investment is less than optimal;
[(C)] (D) supports a Federal stewardship role
in assuring that State and local governments
use national resources efficiently; [or]
[(D)] (E) presents the best means to support
Federal policy goals compared to other policy
alternatives[.];
(F) presents the best means to align
resources with multiyear plans and priorities;
or
(G) ensures the coordination of highway
research and technology transfer activities,
including those performed by the university
transportation centers established under
subchapter I of chapter 55 of title 49.
(3) Role.--Consistent with these Federal
responsibilities, the Secretary shall--
(A) * * *
(B) [support and] partner with State
transportation departments and other
stakeholders as appropriate to facilitate
research and technology transfer activities [by
State highway agencies];
(C) [share] communicate results of on-going
and completed research; [and]
(D) [support and facilitate technology] lead
efforts to coordinate areas of national
emphasis for highway research, technology, and
innovation deployment[.];
(E) leverage partnerships with industry,
academia, and other entities; and
(F) conduct, facilitate, and support training
and education of current and future
transportation professionals.
(4) Program content.--A surface transportation
research program shall include--
(A) * * *
* * * * * * *
(C) research related to [policy and planning]
all highway objectives seeking to improve the
performance of the transportation system.
(5) Stakeholder input.--Federal surface
transportation research and development activities
shall address the needs of stakeholders. Stakeholders
include States, metropolitan planning organizations,
local governments, tribal governments, the private
sector, researchers, research sponsors, and other
affected parties, including public interest groups.
* * * * * * *
[(7) Performance review and evaluation.--To the
maximum extent practicable, all surface transportation
research and development projects shall include a
component of performance measurement and evaluation.
Performance measures shall be established during the
proposal stage of a research and development project
and shall, to the maximum extent possible, be outcome-
based. All evaluations shall be made readily available
to the public.]
(7) Performance review and evaluation.--
(A) In general.--To the maximum extent
practicable, all surface transportation
research and development projects shall include
a component of performance measurement and
evaluation.
(B) Performance measures.--Performance
measures shall be established during the
proposal stage of a research and development
project and shall, to the maximum extent
practicable, be outcome-based.
(C) Program plan.--To the maximum extent
practicable, each program pursued under this
chapter shall be part of a data-driven,
outcome-oriented program plan.
(D) Availability of evaluations.--All
evaluations under this paragraph shall be made
readily available to the public.
(8) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the [surface] transportation research
and technology development strategic plan developed
under section 508.
(b) General Authority.--
(1) * * *
* * * * * * *
[(4) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the surface transportation research and
technology development strategic plan developed under
section 508.]
(4) Technological innovation.--The Secretary shall
ensure that the programs and activities carried out
under this chapter are consistent with the
transportation research and development strategic plan
developed under section 508.
(5) Funds.--
(A) Special account.--In addition to other
funds made available to carry out this
[section] chapter, the Secretary shall use such
funds as may be deposited by any cooperating
organization or person in a special account of
the Treasury established for this purpose.
(B) Use of funds.--The Secretary shall use
funds made available to carry out this
[section] chapter to develop, administer,
communicate, and promote the use of products of
research, development, and technology transfer
programs under this [section] chapter.
(6) Pooled funding.--
(A) * * *
* * * * * * *
(C) Transfer of funds among states or to
federal highway administration.--The Secretary,
at the request of a State, may transfer funds
apportioned or allocated under this chapter to
the State to another State, or to the Federal
Highway Administration, for the purpose of
funding research, development, and technology
transfer activities of mutual interest on a
pooled funds basis.
(D) Transfer of obligation authority.--
Obligation authority for funds transferred
under this subsection shall be transferred in
the same manner and amount as the funds for
projects that are transferred under this
subsection.
(7) Prize competitions.--
(A) In general.--Consistent with section 24
of the Stevenson-Wydler Technology Innovation
Act of 1980, the Secretary may carry out a
program to award prizes competitively to
stimulate innovation in the area of surface
transportation that has the potential to
advance the Federal Highway Administration's
research and technology objectives and
activities under section 503.
(B) Annual report.--
(i) In general.--Not later than March
1 of each year, the Secretary shall
submit to the Committees on
Transportation and Infrastructure and
Science, Space, and Technology of the
House of Representatives and the
Committees on Environment and Public
Works and Commerce, Science, and
Transportation of the Senate a report
on the activities carried out during
the preceding fiscal year under the
authority in subparagraph (A) if such
authority under subparagraph (A) was
utilized by the Secretary.
(ii) Information included.--A report
under this subparagraph shall include,
for each prize competition under
subparagraph (A), the following:
(I) A description of the
proposed goals of each prize
competition.
(II) An analysis of why the
utilization of the authority in
subparagraph (A) was the
preferable method of achieving
the goals described in
subclause (I) as opposed to
other authorities available to
the agency, such as contracts,
grants, and cooperative
agreements.
(III) The total amount of
cash prizes awarded for each
prize competition, including a
description of the amount of
private funds contributed to
the program, the sources of
such funds, and the manner in
which the amounts of cash
prizes awarded and claimed were
allocated among the accounts of
the agency for recording as
obligations and expenditures.
(IV) The methods used for the
solicitation and evaluation of
submissions under each prize
competition, together with an
assessment of the effectiveness
of such methods and lessons
learned for future prize
competitions.
(V) A description of the
resources, including personnel
and funding, used in the
execution of each prize
competition together with a
detailed description of the
activities for which such
resources were used and an
accounting of how funding for
execution was allocated among
the accounts of the agency for
recording as obligations and
expenditures.
(VI) A description of how
each prize competition advanced
the mission of the Department
of Transportation.
(c) Collaborative Research and Development.--
(1) * * *
* * * * * * *
(3) Federal share.--
(A) In general.--[The] Except as otherwise
provided in this chapter, the Federal share of
the cost of activities carried out under a
cooperative research and development agreement
entered into under this [subsection] chapter
shall not exceed [50] 80 percent, except that
if there is substantial public interest or
benefit, the Secretary may approve a greater
Federal share.
* * * * * * *
(4) Use of technology.--The research, development, or
use of a technology under a cooperative research and
development agreement entered into under this
[subsection] chapter, including the terms under which
the technology may be licensed and the resulting
royalties may be distributed, shall be subject to the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
* * * * * * *
[(d) Contents of Research Program.--The Secretary shall
include in surface transportation research, technology
development, and technology transfer programs carried out under
this title coordinated activities in the following areas:
[(1) Development, use, and dissemination of
indicators, including appropriate computer programs for
collecting and analyzing data on the status of
infrastructure facilities, to measure the performance
of the surface transportation systems of the United
States, including productivity, efficiency, energy use,
air quality, congestion, safety, maintenance, and other
factors that reflect system performance.
[(2) Methods, materials, and testing to improve the
durability of surface transportation infrastructure
facilities and extend the life of bridge structures,
including--
[(A) new and innovative technologies to
reduce corrosion;
[(B) tests simulating seismic activity,
vibration, and weather; and
[(C) the use of innovative recycled
materials.
[(3) Technologies and practices that reduce costs and
minimize disruptions associated with the construction,
rehabilitation, and maintenance of surface
transportation systems, including responses to natural
disasters.
[(4) Development of nondestructive evaluation
equipment for use with existing infrastructure
facilities and with next-generation infrastructure
facilities that use advanced materials.
[(5) Dynamic simulation models of surface
transportation systems for--
[(A) predicting capacity, safety, and
infrastructure durability problems;
[(B) evaluating planned research projects;
and
[(C) testing the strengths and weaknesses of
proposed revisions to surface transportation
system management and operations programs.
[(6) Economic highway geometrics, structures, and
desirable weight and size standards for vehicles using
the public highways and the feasibility of uniformity
in State regulations with respect to such standards.
[(7) Telecommuting and the linkages between
transportation, information technology, and community
development and the impact of technological change and
economic restructuring on travel demand.
[(8) Expansion of knowledge of implementing life
cycle cost analysis, including--
[(A) establishing the appropriate analysis
period and discount rates;
[(B) learning how to value and properly
consider use costs;
[(C) determining tradeoffs between
reconstruction and rehabilitation; and
[(D) establishing methodologies for balancing
higher initial costs of new technologies and
improved or advanced materials against lower
maintenance costs.
[(9) Standardized estimates, to be developed in
conjunction with the National Institute of Standards
and Technology and other appropriate organizations, of
useful life under various conditions for advanced
materials of use in surface transportation.
[(10) Evaluation of traffic calming measures that
promote community preservation, transportation mode
choice, and safety.
[(11) Development and implementation of safety-
enhancing equipment, including unobtrusive eyetracking
technology.
[(12) Investigation and development of various
operational methodologies to reduce the occurrence and
impact of recurrent congestion and nonrecurrent
congestion and increase transportation system
reliability.
[(13) Investigation of processes, procedures, and
technologies to secure container and hazardous material
transport, including the evaluation of regulations and
the impact of good security practices on commerce and
productivity.
[(14) Research, development, and technology transfer
related to asset management.
[(e) Exploratory Advanced Research.--
[(1) In general.--The Secretary shall establish an
exploratory advanced research program, consistent with
the surface transportation research and technology
development strategic plan developed under section 508
that addresses longer-term, higher-risk research with
potentially dramatic breakthroughs for improving the
durability, efficiency, environmental impact,
productivity, and safety (including bicycle and
pedestrian safety) aspects of highway and intermodal
transportation systems. In carrying out the program,
the Secretary shall strive to develop partnerships with
public and private sector entities.
[(2) Research areas.--In carrying out the program,
the Secretary may make grants and enter into
cooperative agreements and contracts in such areas of
surface transportation research and technology as the
Secretary determines appropriate, including the
following:
[(A) Characterization of materials used in
highway infrastructure, including analytical
techniques, microstructure modeling, and the
deterioration processes.
[(B) Assessment of the effects of
transportation decisions on human health.
[(C) Development of surrogate measures of
safety.
[(D) Environmental research.
[(E) Data acquisition techniques for system
condition and performance monitoring.
[(F) System performance data and information
processing needed to assess the day-to-day
operational performance of the system in
support of hour-to-hour operational
decisionmaking.
[(f) Long-Term Pavement Performance Program.--
[(1) Authority.--The Secretary shall continue to
carry out, through September 30, 2009, tests,
monitoring, and data analysis under the long-term
pavement performance program.
[(2) Grants, cooperative agreements, and contracts.--
Under the program, the Secretary shall make grants and
enter into cooperative agreements and contracts to--
[(A) monitor, material-test, and evaluate
highway test sections in existence as of the
date of the grant, agreement, or contract;
[(B) analyze the data obtained under
subparagraph (A); and
[(C) prepare products to fulfill program
objectives and meet future pavement technology
needs.
[(g) Seismic Research.--The Secretary shall--
[(1) in consultation and cooperation with Federal
agencies participating in the National Earthquake
Hazards Reduction Program established by section 5 of
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704), coordinate the conduct of seismic research;
[(2) take such actions as are necessary to ensure
that the coordination of the research is consistent
with--
[(A) planning and coordination activities of
the National Institute of Standards and
Technology under section 5(b)(1) of that Act
(42 U.S.C. 7704(b)(1)); and
[(B) the plan developed by the Director of
the National Institute of Standards and
Technology under section 8(b) of that Act (42
U.S.C. 7705b(b)); and
[(3) in cooperation with the Center for Civil
Engineering Research at the University of Nevada, Reno,
and the National Center for Earthquake Engineering
Research at the University of Buffalo, carry out a
seismic research program--
[(A) to study the vulnerability of the
Federal-aid system and other surface
transportation systems to seismic activity;
[(B) to develop and implement cost-effective
methods to reduce the vulnerability; and
[(C) to conduct seismic research and upgrade
earthquake simulation facilities as necessary
to carry out the program.
[(h) Infrastructure Investment Needs Report.--
[(1) In general.--Not later than July 31, 2006, and
July 31 of every second year thereafter, the Secretary
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report that describes--
[(A) estimates of the future highway,
transit, and bridge needs of the United States;
and
[(B) the backlog of current highway, transit,
and bridge needs.
[(2) Comparison with prior reports.--Each report
under paragraph (1) shall provide the means, including
all necessary information, to relate and compare the
conditions and service measures used in the previous
biennial reports.
[(i) Turner-Fairbank Highway Research Center.--
[(1) In general.--The Secretary shall operate in the
Federal Highway Administration a Turner-Fairbank
Highway Research Center.
[(2) Uses of the Center.--The Turner-Fairbank Highway
Research Center shall support--
[(A) the conduct of highway research and
development related to new highway technology;
[(B) the development of understandings,
tools, and techniques that provide solutions to
complex technical problems through the
development of economical and environmentally
sensitive designs, efficient and quality-
controlled construction practices, and durable
materials; and
[(C) the development of innovative highway
products and practices.
[(j) Long-Term Bridge Performance Program.--
[(1) Authority.--The Secretary shall establish a 20-
year long-term bridge performance program.
[(2) Grants, cooperative agreements, and contracts.--
Under the program, the Secretary shall make grants and
enter into cooperative agreements and contracts to--
[(A) monitor, material-test, and evaluate
test bridges;
[(B) analyze the data obtained under
subparagraph (A); and
[(C) prepare products to fulfill program
objectives and meet future bridge technology
needs.
[Sec. 503. Technology deployment
[(a) Technology Deployment Program.--
[(1) Establishment.--The Secretary shall develop and
administer a national technology deployment program.
[(2) Purpose.--The purpose of the program shall be to
significantly accelerate the adoption of innovative
technologies by the surface transportation community.
[(3) Deployment goals.--
[(A) Establishment.--Not later than 180 days
after the date of enactment of this section,
the Secretary shall establish not more than 5
deployment goals to carry out paragraph (1).
[(B) Design.--Each of the goals and the
program developed to achieve the goals shall be
designed to provide tangible benefits, with
respect to transportation systems, in the areas
of efficiency, safety, reliability, service
life, environmental protection, and
sustainability.
[(C) Strategies for achievement.--For each
goal, the Secretary, in cooperation with
representatives of the transportation community
such as States, local governments, the private
sector, and academia, shall use domestic and
international technology to develop strategies
and initiatives to achieve the goal, including
technical assistance in deploying technology
and mechanisms for sharing information among
program participants.
[(4) Integration with other programs.--The Secretary
shall integrate activities carried out under this
subsection with the efforts of the Secretary to
disseminate the results of research sponsored by the
Secretary and to facilitate technology transfer.
[(5) Leveraging of federal resources.--In selecting
projects to be carried out under this subsection, the
Secretary shall give preference to projects that
leverage Federal funds with other significant public or
private resources.
[(6) Continuation of SHRP partnerships.--Under the
program, the Secretary shall continue the partnerships
established through the strategic highway research
program established under section 307(d) (as in effect
on the day before the date of enactment of this
section).
[(7) Grants, cooperative agreements, and contracts.--
[(A) In general.--Under the program, the
Secretary may make grants to, and enter into
cooperative agreements and contracts with,
States, other Federal agencies, universities
and colleges, private sector entities, and
nonprofit organizations to pay the Federal
share of the cost of research, development, and
technology transfer activities concerning
innovative materials.
[(B) Applications.--To receive a grant under
this subsection, an entity described in
subparagraph (A) shall submit an application to
the Secretary. The application shall be in such
form and contain such information as the
Secretary may require. The Secretary shall
select and approve an application based on
whether the project that is the subject of the
grant meets the purpose of the program
described in paragraph (2).
[(8) Technology and information transfer.--The
Secretary shall ensure that the information and
technology resulting from research conducted under
paragraph (7) is made available to State and local
transportation departments and other interested parties
as specified by the Secretary.
[(9) Allocation.--To the extent appropriate to
achieve the goals established under paragraph (3), the
Secretary may further allocate funds made available to
carry out this section to States for their use.
[(b) Innovative Bridge Research and Construction Program.--
[(1) In general.--The Secretary shall establish and
carry out a program to promote, demonstrate, evaluate,
and document the application of innovative designs,
materials, and construction methods in the
construction, repair, and rehabilitation of bridges and
other highway structures.
[(2) Goals.--The goals of the program shall include--
[(A) the development of new, cost-effective,
innovative highway bridge applications;
[(B) the development of construction
techniques to increase safety and reduce
construction time and traffic congestion;
[(C) the development of engineering design
criteria for innovative products, materials,
and structural systems for use in highway
bridges and structures;
[(D) the reduction of maintenance costs and
life-cycle costs of bridges, including the
costs of new construction, replacement, or
rehabilitation of deficient bridges;
[(E) the development of highway bridges and
structures that will withstand natural
disasters;
[(F) the documentation and wide dissemination
of objective evaluations of the performance and
benefits of these innovative designs,
materials, and construction methods;
[(G) the effective transfer of resulting
information and technology; and
[(H) the development of improved methods to
detect bridge scour and economical bridge
foundation designs that will withstand bridge
scour.
[(3) Grants, cooperative agreements, and contracts.--
[(A) In general.--Under the program, the
Secretary shall make grants to, and enter into
cooperative agreements and contracts with--
[(i) States, other Federal agencies,
universities and colleges, private
sector entities, and nonprofit
organizations to pay the Federal share
of the cost of research, development,
and technology transfer concerning
innovative materials; and
[(ii) States to pay the Federal share
of the cost of repair, rehabilitation,
replacement, and new construction of
bridges or structures that demonstrate
the application of innovative
materials.
[(B) Applications.--To receive a grant under
this subsection, an entity described in
subparagraph (A) shall submit an application to
the Secretary. The application shall be in such
form and contain such information as the
Secretary may require. The Secretary shall
select and approve the applications based on
whether the project that is the subject of the
grant meets the goals of the program described
in paragraph (2).
[(4) Technology and information transfer.--The
Secretary shall take such action as is necessary to
ensure that the information and technology resulting
from research conducted under paragraph (3) is made
available to State and local transportation departments
and other interested parties as specified by the
Secretary.
[(5) Federal share.--The Federal share of the cost of
a project under this section shall be determined by the
Secretary.
[(c) Innovative Pavement Research and Deployment Program.--
[(1) In general.--The Secretary shall establish and
implement a program to promote, demonstrate, support,
and document the application of innovative pavement
technologies, practices, performance, and benefits.
[(2) Goals.--The goals of the innovative pavement
research and deployment program shall include--
[(A) the deployment of new, cost-effective,
innovative designs, materials, recycled
materials (including taconite tailings and
foundry sand), and practices to extend pavement
life and performance and to improve customer
satisfaction;
[(B) the reduction of initial costs and life-
cycle costs of pavements, including the costs
of new construction, replacement, maintenance,
and rehabilitation;
[(C) the deployment of accelerated
construction techniques to increase safety and
reduce construction time and traffic disruption
and congestion;
[(D) the deployment of engineering design
criteria and specifications for innovative
practices, products, and materials for use in
highway pavements;
[(E) the deployment of new nondestructive and
real-time pavement evaluation technologies and
techniques;
[(F) the evaluation, refinement, and
documentation of the performance and benefits
of innovative technologies deployed to improve
life, performance, cost effectiveness, safety,
and customer satisfaction;
[(G) effective technology transfer and
information dissemination to accelerate
implementation of innovative technologies and
to improve life, performance, cost
effectiveness, safety, and customer
satisfaction; and
[(H) the development of designs and materials
to reduce storm water runoff.
[(3) Research to improve NHS pavement.--The Secretary
shall obligate for each of fiscal years 2006 through
2009 from funds made available to carry out this
subsection, $4,100,000 to conduct research to improve
asphalt pavement, $4,100,000 to conduct research to
improve concrete pavement, $4,100,000 to conduct
research to improve alternative materials used in
highways (including alternative materials used in
highway drainage applications), and $2,450,000 to
conduct research to improve aggregates used in highways
on the National Highway System.
[(d) Safety Innovation Deployment Program.--
[(1) In general.--The Secretary shall establish and
implement a program to demonstrate the application of
innovative technologies in highway safety.
[(2) Goals.--The goals of the program shall include--
[(A) the deployment and evaluation of safety
technologies and innovations at State and local
levels; and
[(B) the deployment of best practices in
training, management, design, and planning.
[(3) Grants, cooperative agreements, and contracts.--
[(A) In general.--Under the program, the
Secretary shall make grants to, and enter into
cooperative agreements and contracts with,
States, other Federal agencies, universities
and colleges, private sector entities, and
nonprofit organizations for research,
development, and technology transfer for
innovative safety technologies.
[(B) Applications.--To receive a grant under
this subsection, an entity described in
subparagraph (A) shall submit to the Secretary
an application at such time and containing such
information as the Secretary may require. The
Secretary shall select and approve an
application based on whether the project that
is the subject of the application meets the
goals of the program described in paragraph
(2).
[(4) Technology and information transfer.--The
Secretary shall take such action as is necessary to
ensure that the information and technology resulting
from research conducted under paragraph (3) is made
available to State and local transportation departments
and other interested parties as specified by the
Secretary.
[(e) Promotional Authority.--Funds authorized to be
appropriated for necessary expenses for administration and
operation of the Federal Highway Administration shall be
available to purchase promotional items of nominal value for
use in the recruitment of individuals and to promote the
programs of the Federal Highway Administration.]
Sec. 503. Research and development
(a) In General.--The Secretary shall establish a research and
development program in accordance with this section and the
strategic plan developed under section 508.
(b) Responsibilities.--To address current and emerging
highway transportation needs, the Secretary, in carrying out
the program under this section, shall--
(1) identify research topics;
(2) conduct research, testing, and evaluation
activities;
(3) facilitate technology transfer;
(4) provide technical assistance; and
(5) ensure program activities are coordinated with
the transportation research and development strategic
plan developed under section 508.
(c) Improving Highway Safety.--
(1) Objectives.--In carrying out the program under
this section, the Secretary shall create systematic
measures to improve highway safety for all road users,
vehicles, and public roads to--
(A) achieve greater long-term safety gains;
(B) reduce the number of fatalities and
serious injuries;
(C) fill knowledge gaps that currently limit
the effectiveness of research;
(D) support the development and
implementation of State strategic highway
safety plans under section 148;
(E) advance improvements in and use of
performance prediction analysis for
decisionmaking;
(F) expand technology transfer to partners
and stakeholders;
(G) achieve safety benefits through connected
vehicle technology; and
(H) enhance rural highway safety.
(2) Activities.--Research and development activities
carried out under this subsection may include
activities relating to--
(A) safety assessments and decisionmaking
tools;
(B) data collection and analysis;
(C) crash reduction projections;
(D) low-cost safety countermeasures;
(E) innovative operational improvements and
designs of roadway and roadside features;
(F) evaluation of countermeasure costs and
benefits;
(G) development of tools for projecting
impacts of safety countermeasures;
(H) rural road safety;
(I) safety policy studies;
(J) human factors studies and methods;
(K) safety technology deployment;
(L) safety program and process improvements;
and
(M) tools and methods to enhance safety
performance, including achievement of statewide
safety performance targets.
(d) Improving Highway Infrastructure Integrity.--
(1) Objectives.--In carrying out the program under
this section, the Secretary shall improve the ability
to maintain highway infrastructure integrity, meet user
needs, and improve system performance through targeted
Federal transportation investments to--
(A) reduce the number of fatalities
attributable to highway infrastructure design
characteristics and work zones;
(B) improve the safety of highway
infrastructure;
(C) increase the reliability of life-cycle
performance predictions used in highway
infrastructure design, construction, and
management;
(D) improve the ability of transportation
agencies to deliver projects that meet
expectations for timeliness, quality, and cost;
(E) reduce user delay attributable to highway
infrastructure system performance, maintenance,
rehabilitation, and construction;
(F) improve highway condition and performance
through increased use of innovative pavements
during highway design, construction, and
maintenance;
(G) improve highway condition and performance
through increased use of innovative designs,
materials, and construction methods in the
construction, repair, and rehabilitation of
bridges;
(H) reduce the life-cycle environmental
impacts of highway infrastructure, including
design, construction, operation, preservation,
and maintenance; and
(I) improve the resiliency of roadways to
commercial heavy freight traffic.
(2) Activities.--Research and technology activities
carried out under this subsection may include
activities relating to--
(A) long-term infrastructure performance
programs addressing pavements, bridges,
tunnels, and other structures;
(B) short-term and accelerated studies of
highway infrastructure performance;
(C) the development of more durable highway
and bridge infrastructure materials and
systems, including the use of carbon fiber
composite materials in bridge replacement and
rehabilitation;
(D) advanced highway and bridge
infrastructure design methods;
(E) accelerated highway construction;
(F) performance-based specifications;
(G) construction and materials quality
assurance;
(H) comprehensive and integrated highway
infrastructure asset management;
(I) technology transfer and adoption of
permeable, pervious, or porous paving
materials, practices, and systems that are
designed to minimize environmental impacts,
stormwater runoff, and flooding and to treat or
remove pollutants by allowing stormwater to
infiltrate through the pavement in a manner
similar to predevelopment hydrologic
conditions;
(J) sustainable highway infrastructure design
and construction;
(K) highway and bridge infrastructure
rehabilitation and preservation techniques,
including those techniques to address historic
infrastructure;
(L) hydraulic, geotechnical, and aerodynamic
aspects of highway infrastructure;
(M) improved highway construction
technologies and practices;
(N) improved tools, technologies, and models
for highway and bridge infrastructure
management, including assessment and monitoring
of infrastructure condition;
(O) improving flexibility and resiliency of
highway and bridge infrastructure systems to
withstand climate variability; and
(P) highway infrastructure resilience and
other adaptation measures.
(e) Reducing Congestion, Improving Highway Operations, and
Enhancing Freight Productivity.--
(1) Objectives.--In carrying out the program under
this section, the Secretary shall examine approaches to
reduce traffic congestion (including freight-related
congestion throughout the transportation network),
reduce the costs of such congestion, and improve
freight movement.
(2) Activities.--Research and technology activities
carried out under this subsection may include
examination of--
(A) active traffic and demand management;
(B) accelerating deployment of intelligent
transportation systems;
(C) arterial management and traffic signal
operation;
(D) congestion pricing;
(E) corridor management;
(F) emergency operations;
(G) freeway management;
(H) impacts of vehicle size and weight;
(I) freight operations and technology;
(J) operations and freight performance
measurement and management;
(K) organizing and planning for operations;
(L) planned special events management;
(M) real-time transportation information,
including real-time ridesharing;
(N) road weather management;
(O) traffic and freight data and analysis
tools;
(P) traffic control devices;
(Q) traffic incident management;
(R) workzone management;
(S) mechanisms that communicate travel,
roadway, and emergency information to all road
users (as defined in section 148); and
(T) enhanced mode choice and intermodal
connectivity.
(f) Assessing Policy and System Financing Alternatives.--
(1) Objectives.--In carrying out the program under
this section, the Secretary shall conduct policy
analysis on emerging issues in the transportation
community to provide information to policymakers and
decisionmakers.
(2) Activities.--Research and technology activities
carried out under this subsection may include
activities relating to--
(A) highway needs and investment analysis;
(B) analysis of legislative development and
implementation;
(C) highway policy analysis;
(D) the effect of highway congestion on the
economy;
(E) research in emerging policy areas;
(F) advancing innovations in revenue
generation, financing, and procurement for
project delivery;
(G) improving project financial and cost
analysis;
(H) highway performance measurement;
(I) travel demand performance measurement;
and
(J) highway finance performance measurement.
(3) Infrastructure investment needs report.--
(A) In general.--Not later than July 31,
2012, and July 31 of every second year
thereafter, the Secretary shall transmit to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate a report that describes estimates of
the future highway and bridge needs of the
United States and the backlog of highway and
bridge needs at the time of the report.
(B) Comparison.--Each report under
subparagraph (A) shall provide the means,
including all necessary information, to relate
and compare the conditions and service measures
used in the previous biennial reports.
(g) Exploratory Advanced Research.--In carrying out the
program under this section, the Secretary shall conduct long-
term, higher-risk research, consistent with the transportation
research and development plan under section 508, with the
potential for dramatic breakthroughs in the field of highway
transportation.
(h) Grants, Cooperative Agreements, and Contracts.--
(1) In general.--In carrying out the program under
this section, the Secretary may make grants to, and
enter into cooperative agreements and contracts with,
States, other Federal agencies, institutions of higher
education, private sector entities, and nonprofit
organizations to pay the Federal share of the cost of
research, development, and technology transfer
activities.
(2) Applications.--To receive a grant under this
subsection, an entity described in paragraph (1) shall
submit an application to the Secretary. The application
shall be in such form and contain such information and
assurances as the Secretary may require.
(3) Technology and information transfer.--The
Secretary shall ensure that the information and
technology resulting from research conducted under this
subsection is made available to State and local
transportation departments and other interested parties
as specified by the Secretary.
(i) Turner-Fairbank Highway Research Center.--
(1) In general.--The Secretary shall operate in the
Federal Highway Administration a Turner-Fairbank
Highway Research Center.
(2) Uses of the center.--The Center shall support--
(A) the conduct of highway research and
development related to new highway technology,
including connected vehicle technology;
(B) the development of understandings, tools,
and techniques that provide solutions to
complex technical problems through the
development of economical and environmentally
sensitive designs, efficient and quality-
controlled construction practices, and durable
materials;
(C) the development of innovative highway
products and practices; and
(D) long-term high-risk research to improve
the materials used in highway infrastructure.
(j) Centers for Surface Transportation Excellence.--
(1) Establishment.--The Secretary may establish not
more than 4 centers for surface transportation
excellence.
(2) Goals.--The goals of the centers for surface
transportation excellence are to promote and support
strategic national surface transportation programs and
activities relating to the work of State departments of
transportation.
(3) Role of the centers.--To achieve the goals set
forth in paragraph (2), the Secretary shall establish
centers that provide technical assistance, information
sharing of best practices, and training in the use of
tools and decisionmaking processes that can assist
States in effectively implementing surface
transportation programs, projects, and policies.
(4) Program administration.--
(A) Competition.--A party entering into a
contract, cooperative agreement, or other
transaction with the Secretary under this
subsection, or receiving a grant to perform
research or provide technical assistance under
this subsection, shall be selected on a
competitive basis.
(B) Strategic plan.--The Secretary shall
require each center to develop a multiyear
strategic plan, and submit the plan to the
Secretary at such time as the Secretary
requires, that describes--
(i) the activities to be undertaken
by the center; and
(ii) how the work of the center will
be coordinated with the activities of
the Federal Highway Administration and
the various other research,
development, and technology transfer
activities authorized by this chapter.
(5) Funding.--Of the amounts made available by
section 7001(a)(1) of the American Energy and
Infrastructure Jobs Act of 2012, not more than
$3,000,000 for each of fiscal years 2013 through 2016
shall be available to carry out this subsection.
Sec. 503a. Technology and innovation deployment program
(a) In General.--The Secretary, in accordance with the
strategic plan developed under section 508, shall carry out a
technology and innovation deployment program on all aspects of
highway transportation by promoting and facilitating the
products, technologies, tools, methods, or other findings
resulting from highway research conducted under this chapter.
(b) Objectives.--The Secretary shall seek to advance the
following objectives:
(1) Significantly accelerate the adoption of
innovative technologies by the surface transportation
community.
(2) Significantly accelerate the adoption of advanced
modeling technologies, as described in section 106, by
the surface transportation community.
(3) Provide leadership and incentives to demonstrate
and promote state-of-the-art technologies, elevated
performance standards, and new business practices in
highway construction processes that result in improved
safety, faster construction, reduced congestion from
construction, and improved quality and user
satisfaction.
(4) Advance longer-lasting highways using innovative
technologies and practices to accomplish more rapid
construction of efficient and safe highways and
bridges.
(5) Improve highway efficiency, safety, mobility,
reliability, service life, and environmental
protection.
(6) Develop and deploy new tools, techniques, and
practices to accelerate the adoption of innovation in
all aspects of highway transportation.
(7) Enhance deployment and operations of intelligent
transportation systems.
(c) Activities.--The program may include--
(1) activities conducted under section 503;
(2) other technologies and innovations requiring
additional development and testing not performed under
section 503 but necessary to bring about successful
deployment and delivery; and
(3) developing and improving innovative technologies
and practices and exploring new technologies to
accelerate innovation adoption.
(d) Grants, Cooperative Agreements, and Contracts.--
(1) In general.--Under the program, the Secretary may
make grants to, and enter into cooperative agreements
and contracts with, States, other Federal agencies,
institutions of higher education, private sector
entities, Federal laboratories, and nonprofit
organizations to pay the Federal share of the cost of
research, development, and deployment activities.
(2) Applications.--To receive a grant under this
subsection, an entity described in paragraph (1) shall
submit an application to the Secretary. The application
shall be in such form and contain such information and
assurances as the Secretary may require.
(3) Technology and information transfer.--The
Secretary shall ensure that the information and
technology resulting from research conducted under this
subsection is made available to State and local
transportation departments and other interested parties
as specified by the Secretary.
(e) Deployment of Future Strategic Highway Research Program
Results and Products.--
(1) In general.--The Secretary, in consultation with
the American Association of State Highway and
Transportation Officials and the National Academy of
Sciences, shall promote research results and products
developed under the Strategic Highway Research Program
2 administered by the Transportation Research Board of
the National Academy of Sciences.
(2) Strategy of promotion.--The Secretary, to the
extent practicable, shall base the deployment of
research results and products described in paragraph
(1) on the recommendations included in the
Transportation Research Board Special Report 296
entitled ``Implementing the Results of the Second
Strategic Highway Research Program: Saving Lives,
Reducing Congestion, Improving Quality of Life''.
Sec. 504. Training and education
(a) National Highway Institute.--
(1) * * *
(2) Duties of the institute.--In cooperation with
State transportation departments, United States
industry, and any national or international entity, the
Institute shall develop and administer education and
training programs of instruction for--
[(A) Federal Highway Administration, State,
and local transportation agency employees;]
(A) Federal Highway Administration employees,
State and local transportation agency
employees, and Federal agency partners;
* * * * * * *
(b) Local Technical Assistance Program.--
(1) * * *
* * * * * * *
[(3) Federal share.--The Federal share of the cost of
activities carried out by the tribal technical
assistance centers under paragraph (2)(D)(ii) shall be
100 percent.]
(3) Federal share.--
(A) Local technical assistance centers.--
Subject to clause (ii), the Federal share of
the cost of any activity carried out by a local
technical assistance center under paragraphs
(1) and (2) shall be 50 percent, except that
the remaining share may include funds provided
to a recipient under subsection (e) or section
505.
(B) Tribal technical assistance centers.--The
Federal share of the cost of activities carried
out by the tribal technical assistance centers
under paragraph (2)(D)(ii) shall be 100
percent.
(c) Research Fellowships.--
(1) * * *
(2) Dwight David Eisenhower transportation fellowship
program.--The Secretary shall establish and implement a
transportation research fellowship program for the
purpose of attracting qualified students to the field
of transportation. The program shall be known as the
``Dwight David Eisenhower Transportation Fellowship
Program''. Funds provided to institutions of higher
education to carry out this paragraph shall be used in
direct support of student expenses associated with
their transportation studies.
[(d) Garrett A. Morgan Technology and Transportation
Education Program.--
[(1) In general.--The Secretary shall establish the
Garrett A. Morgan Technology and Transportation
Education Program to improve the preparation of
students, particularly women and minorities, in
science, technology, engineering, and mathematics
through curriculum development and other activities
related to transportation.
[(2) Authorized activities.--The Secretary shall
award grants under this subsection on the basis of
competitive peer review. Grants awarded under this
subsection may be used for enhancing science,
technology, engineering, and mathematics at the
elementary and secondary school level through such
means as--
[(A) internships that offer students
experience in the transportation field;
[(B) programs that allow students to spend
time observing scientists and engineers in the
transportation field; and
[(C) developing relevant curriculum that uses
examples and problems related to
transportation.
[(3) Application and review procedures.--
[(A) In general.--An entity described in
subparagraph (C) seeking funding under this
subsection shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may require. Such application, at a minimum,
shall include a description of how the funds
will be used to serve the purposes described in
paragraph (2).
[(B) Priority.--In making awards under this
subsection, the Secretary shall give priority
to applicants that will encourage the
participation of women and minorities.
[(C) Eligibility.--Local educational agencies
and State educational agencies, which may enter
into a partnership agreement with institutions
of higher education, businesses, or other
entities, shall be eligible to apply for grants
under this subsection.
[(4) Definitions.--In this subsection, the following
definitions apply:
[(A) Institution of higher education.--The
term ``institution of higher education'' has
the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
[(B) Local educational agency.--The term
``local educational agency'' has the meaning
given that term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
[(C) State educational agency.--The term
``State educational agency'' has the meaning
given that term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).]
[(e)] (d) Surface Transportation Workforce Development,
Training, and Education.--
(1) Funding.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to
the State under [sections 104(b)(1), 104(b)(2),
104(b)(3), 104(b)(4), and 144(e)] paragraphs (1), (2),
and (3) of section 104(b) for surface transportation
workforce development, training, and education,
including--
(A) * * *
* * * * * * *
(D) university or community college support;
[and]
(E) education activities, including outreach,
to develop interest and promote participation
in surface transportation careers[.];
(F) activities delivered by the National
Highway Institute under subsection (a); and
(G) the local technical assistance program
under subsection (b).
(2) Federal share.--The Federal share of the cost of
activities carried out in accordance with this
subsection shall be 100 percent, except for activities
carried out under paragraph (1)(G), for which the
Federal share shall be 50 percent as described in
subsection (b)(3)(A).
* * * * * * *
[(f)] (e) Transportation Education Development [Pilot]
Program.--
(1) * * *
* * * * * * *
[(g)] (f) Freight Capacity Building Program.--
(1) * * *
* * * * * * *
Sec. 505. State planning and research
(a) General Rule.--Two percent of the sums apportioned to a
State for fiscal year 1998 and each fiscal year thereafter
under section 104 (other than sections 104(f) and [104(h)) and
under section 144] 104(i)) shall be available for expenditure
by the State, in consultation with the Secretary, only for the
following purposes:
(1) * * *
* * * * * * *
(5) Research, development, and technology transfer
activities necessary in connection with the planning,
design, construction, management, and maintenance of
highway, public transportation, intercity bus, and
intermodal transportation systems.
* * * * * * *
(b) Minimum Expenditures on Research, Development, and
Technology Transfer Activities.--
(1) In general.--Subject to paragraph (2), not less
than 25 percent of the funds subject to subsection (a)
that are apportioned to a State for a fiscal year shall
be expended by the State for research, development, and
technology transfer activities described in subsection
(a), relating to highway, public transportation,
intercity bus, and intermodal transportation systems.
* * * * * * *
[Sec. 506. International highway transportation outreach program
[(a) Establishment.--The Secretary may establish an
international highway transportation outreach program--
[(1) to inform the United States highway community of
technological innovations in foreign countries that
could significantly improve highway transportation in
the United States;
[(2) to promote United States highway transportation
expertise, goods, and services in foreign countries;
and
[(3) to increase transfers of United States highway
transportation technology to foreign countries.
[(b) Activities.--Activities carried out under the program
may include--
[(1) the development, monitoring, assessment, and
dissemination in the United States of information about
highway transportation innovations in foreign countries
that could significantly improve highway transportation
in the United States;
[(2) research, development, demonstration, training,
and other forms of technology transfer and exchange;
[(3) the provision to foreign countries, through
participation in trade shows, seminars, expositions,
and other similar activities, of information relating
to the technical quality of United States highway
transportation goods and services;
[(4) the offering of technical services of the
Federal Highway Administration that cannot be readily
obtained from private sector firms in the United States
for incorporation into the proposals of those firms
undertaking highway transportation projects outside the
United States, if the costs of the technical services
will be recovered under the terms of the project;
[(5) the conduct of studies to assess the need for,
or feasibility of, highway transportation improvements
in foreign countries; and
[(6) the gathering and dissemination of information
on foreign transportation markets and industries.
[(c) Cooperation.--The Secretary may carry out this section
in cooperation with any appropriate--
[(1) Federal, State, or local agency;
[(2) authority, association, institution, or
organization;
[(3) for-profit or nonprofit corporation;
[(4) national or international entity;
[(5) foreign country; or
[(6) person.
[(d) Funds.--
[(1) Contributions.--Funds available to carry out
this section shall include funds deposited by any
cooperating organization or person into a special
account of the Treasury established for this purpose.
[(2) Eligible uses of funds.--The funds deposited
into the account, and other funds available to carry
out this section, shall be available to cover the cost
of any activity eligible under this section, including
the cost of--
[(A) promotional materials;
[(B) travel;
[(C) reception and representation expenses;
and
[(D) salaries and benefits.
[(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department
employees providing services under this section shall
be credited to the account.
[(e) Report.--For each fiscal year, the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that describes the
destinations and individual trip costs of international travel
conducted in carrying out activities described in this section.
[Sec. 507. Surface transportation-environment cooperative research
program
[(a) In General.--The Secretary shall establish and carry out
a surface transportation-environmental cooperative research
program.
[(b) Contents.--The program carried out under this section
may include research--
[(1) to develop more accurate models for evaluating
transportation control measures and transportation
system designs that are appropriate for use by State
and local governments (including metropolitan planning
organizations) in designing implementation plans to
meet Federal, State, and local environmental
requirements;
[(2) to improve understanding of the factors that
contribute to the demand for transportation;
[(3) to develop indicators of economic, social, and
environmental performance of transportation systems to
facilitate analysis of potential alternatives;
[(4) to meet additional priorities as determined by
the Secretary in the strategic planning process under
section 508; and
[(5) to refine, through the conduct of workshops,
symposia, and panels, and in consultation with
stakeholders (including the Department of Energy, the
Environmental Protection Agency, and other appropriate
Federal and State agencies and associations) the scope
and research emphases of the program.
[(c) Program Administration.--The Secretary shall--
[(1) administer the program established under this
section; and
[(2) ensure, to the maximum extent practicable,
that--
[(A) the best projects and researchers are
selected to conduct research in the priority
areas described in subsection (b)--
[(i) on the basis of merit of each
submitted proposal; and
[(ii) through the use of open
solicitations and selection by a panel
of appropriate experts;
[(B) a qualified, permanent core staff with
the ability and expertise to manage a large
multiyear budget is used;
[(C) the stakeholders are involved in the
governance of the program, at the executive,
overall program, and technical levels, through
the use of expert panels and committees; and
[(D) there is no duplication of research
effort between the program established under
this section and the new strategic highway
research program established under section 510.
[(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsections (b) and (c) as the
Secretary determines to be appropriate.]
Sec. 508. Transportation research and development strategic planning
(a) In General.--
(1) Development.--Not later than 1 year after the
date of enactment of the [SAFETEA-LU] American Energy
and Infrastructure Jobs Act of 2012, the Secretary,
acting through the Administrator of the Research and
Innovative Technology Administration, shall develop a
5-year transportation research and development
strategic plan to guide Federal transportation research
and development activities. This plan shall be
consistent with section 306 of title 5, sections 1115
and 1116 of title 31, and any other research and
development plan within the Department of
Transportation.
(2) Contents.--The strategic plan developed under
paragraph (1) shall--
(A) describe the primary purposes of the
transportation research and development
program, which shall include, at a minimum--
(i) * * *
* * * * * * *
(iii) [promoting security] improving
goods movement;
* * * * * * *
[Sec. 509. National cooperative freight transportation research program
[(a) Establishment.--The Secretary shall establish and
support a national cooperative freight transportation research
program.
[(b) Agreement.--The Secretary shall enter into an agreement
with the National Academy of Sciences to support and carry out
administrative and management activities relating to the
governance of the national cooperative freight transportation
research program.
[(c) Advisory Committee.--The National Academy of Sciences
shall select an advisory committee consisting of a
representative cross-section of freight stakeholders, including
the Department of Transportation, other Federal agencies, State
transportation departments, local governments, nonprofit
entities, academia, and the private sector.
[(d) Governance.--The national cooperative freight
transportation research program established under this section
shall include the following administrative and management
elements:
[(1) National research agenda.--The advisory
committee, in consultation with interested parties,
shall recommend a national research agenda for the
program. The agenda shall include a multiyear strategic
plan.
[(2) Involvement.--Interested parties may--
[(A) submit research proposals to the
advisory committee;
[(B) participate in merit reviews of research
proposals and peer reviews of research
products; and
[(C) receive research results.
[(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award
research contracts and grants under the program through
open competition and merit review conducted on a
regular basis.
[(4) Evaluation of research.--
[(A) Peer review.--Research contracts and
grants under the program may allow peer review
of the research results.
[(B) Programmatic evaluations.--The National
Academy of Sciences may conduct periodic
programmatic evaluations on a regular basis of
research contracts and grants.
[(5) Dissemination of research findings.--The
National Academy of Sciences shall disseminate research
findings to researchers, practitioners, and
decisionmakers, through conferences and seminars, field
demonstrations, workshops, training programs,
presentations, testimony to government officials, the
World Wide Web, publications for the general public,
and other appropriate means.
[(e) Contents.--The national research agenda required under
subsection (d)(1) shall include research in the following
areas:
[(1) Techniques for estimating and quantifying public
benefits derived from freight transportation projects.
[(2) Alternative approaches to calculating the
contribution of truck and rail traffic to congestion on
specific highway segments.
[(3) The feasibility of consolidating origins and
destinations for freight movement.
[(4) Methods for incorporating estimates of
international trade into landside transportation
planning.
[(5) The use of technology applications to increase
capacity of highway lanes dedicated to truck-only
traffic.
[(6) Development of physical and policy alternatives
for separating car and truck traffic.
[(7) Ways to synchronize infrastructure improvements
with freight transportation demand.
[(8) The effect of changing patterns of freight
movement on transportation planning decisions relating
to rest areas.
[(9) Other research areas to identify and address
emerging and future research needs related to freight
transportation by all modes.
[(f) Funding.--
[(1) Federal share.--The Federal share of the cost of
an activity carried out under this section shall be up
to 100 percent.
[(2) Use of non-Federal funds.--In addition to using
funds authorized for this section, the National Academy
of Sciences may seek and accept additional funding
sources from public and private entities capable of
accepting funding from the Department of
Transportation, States, local governments, nonprofit
foundations, and the private sector.
[(3) Period of availability.--Amounts made available
to carry out this section shall remain available until
expended.
[Sec. 510. Future strategic highway research program
[(a) Establishment.--The Secretary, in consultation with the
American Association of State Highway and Transportation
Officials, shall establish and carry out, acting through the
National Research Council of the National Academy of Sciences,
the future strategic highway research program.
[(b) Cooperative Agreements.--The Secretary may make grants
to, and enter into cooperative agreements with, the American
Association of State Highway and Transportation Officials and
the National Academy of Sciences to carry out such activities
under this section as the Secretary determines are appropriate.
[(c) Program Priorities.--
[(1) Program elements.--The program established under
this section shall be based on the National Research
Council Special Report 260, entitled ``Strategic
Highway Research: Saving Lives, Reducing Congestion,
Improving Quality of Life'' and the results of the
detailed planning work subsequently carried out in 2002
and 2003 to identify the research areas through
National Cooperative Research Program Project 20-58.
The research program shall include an analysis of the
following:
[(A) Renewal of aging highway infrastructure
with minimal impact to users of the facilities.
[(B) Driving behavior and likely crash causal
factors to support improved countermeasures.
[(C) Reducing highway congestion due to
nonrecurring congestion.
[(D) Planning and designing new road capacity
to meet mobility, economic, environmental, and
community needs.
[(2) Dissemination of results.--The research results
of the program, expressed in terms of technologies,
methodologies, and other appropriate categorizations,
shall be disseminated to practicing engineers for their
use, as soon as practicable.
[(d) Program Administration.--In carrying out the program
under this section, the National Research Council shall ensure,
to the maximum extent practicable, that--
[(1) projects and researchers are selected to conduct
research for the program on the basis of merit and open
solicitation of proposals and review by panels of
appropriate experts;
[(2) State department of transportation officials and
other stakeholders, as appropriate, are involved in the
governance of the program at the overall program level
and technical level through the use of expert panels
and committees;
[(3) the Council acquires a qualified, permanent core
staff with the ability and expertise to manage the
program and multiyear budget; and
[(4) there is no duplication of research effort
between the program and any other research effort of
the Department.
[(e) Report on Implementation of Results.--
[(1) Report.--The Transportation Research Board of
the National Research Council shall complete a report
on the strategies and administrative structure to be
used for implementation of the results of the future
strategic highway research program.
[(2) Components.--The report under paragraph (1)
shall include with respect to the program--
[(A) an identification of the most promising
results of research under the program
(including the persons most likely to use the
results);
[(B) a discussion of potential incentives
for, impediments to, and methods of,
implementing those results;
[(C) an estimate of costs of implementation
of those results; and
[(D) recommendations on methods by which
implementation of those results should be
conducted, coordinated, and supported in future
years, including a discussion of the
administrative structure and organization best
suited to carry out those recommendations.
[(3) Consultation.--In developing the report, the
Transportation Research Board shall consult with a wide
variety of stakeholders, including--
[(A) the Federal Highway Administration;
[(B) the National Highway Traffic Safety
Administration; and
[(C) the American Association of State
Highway and Transportation Officials.
[(4) Submission.--Not later than February 1, 2009,
the report shall be submitted to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
[(f) Funding.--
[(1) Federal share.--The Federal share of the cost of
an activity carried out using amounts made available
under a grant or cooperative agreement under this
section shall be 100 percent, and such funds shall
remain available until expended.
[(2) Advance payments.--The Secretary may make
advance payments as necessary to carry out the program
under this section.
[(g) Limitation of Remedies.--
[(1) Same remedy as if United States.--The remedy
against the United States provided by sections 1346(b)
and 2672 of title 28 for injury, loss of property,
personal injury, or death shall apply to any claim
against the National Academy of Sciences for money
damages for injury, loss of property, personal injury,
or death caused by any negligent or wrongful act or
omission by employees and individuals described in
paragraph (3) arising from activities conducted under
or in connection with this section. Any such claim
shall be subject to the limitations and exceptions
which would be applicable to such claim if such claim
were against the United States. With respect to any
such claim, the Secretary shall be treated as the head
of the appropriate Federal agency for purposes of
sections 2672 and 2675 of title 28.
[(2) Exclusiveness of remedy.--The remedy referred to
in paragraph (1) shall be exclusive of any other civil
action or proceeding for the purpose of determining
liability arising from any such act or omission without
regard to when the act or omission occurred.
[(3) Treatment.--Employees of the National Academy of
Sciences and other individuals appointed by the
president of the National Academy of Sciences and
acting on its behalf in connection with activities
carried out under this section shall be treated as if
they are employees of the Federal Government under
section 2671 of title 28 for purposes of a civil action
or proceeding with respect to a claim described in
paragraph (1). The civil action or proceeding shall
proceed in the same manner as any proceeding under
chapter 171 of title 28 or action against the United
States filed pursuant to section 1346(b) of title 28
and shall be subject to the limitations and exceptions
applicable to such a proceeding or action.
[(4) Sources of payments.--Payment of any award,
compromise, or settlement of a civil action or
proceeding with respect to a claim described in
paragraph (1) shall be paid first out of insurance
maintained by the National Academy of Sciences, second
from funds made available to carry out this section,
and then from sums made available under section 1304 of
title 31. For purposes of such section, such an award,
compromise, or settlement shall be deemed to be a
judgment, award, or settlement payable under section
2414 or 2672 of title 28. The Secretary may establish a
reserve of funds to carry out this section for making
payments under this paragraph.
[(h) Implementation.--Notwithstanding any other provision of
this section, the Secretary may use funds made available to
carry out this section for implementation of research products
related to the future strategic highway research program,
including development, demonstration, evaluation, and
technology transfer activities.]
* * * * * * *
Sec. 512. National [ITS] intelligent transportation systems program
plan
(a) In General.--
(1) Updates.--Not later than 1 year after the date of
enactment of the [SAFETEA-LU] American Energy and
Infrastructure Jobs Act of 2012, the Secretary, in
consultation with interested stakeholders (including
State transportation departments) shall develop a 5-
year National Intelligent Transportation System (in
this section referred to as ``ITS'') program plan.
* * * * * * *
Sec. 513. Use of funds for [ITS] intelligent transportation systems
activities
(a) In General.--For each fiscal year, not more than $250,000
of the funds made available to carry out this [subtitle C of
title V of the SAFETEA-LU] section 7001(a)(4) of the American
Energy and Infrastructure Jobs Act of 2012 shall be used for
intelligent transportation system outreach, public relations,
displays, tours, and brochures.
* * * * * * *
Sec. 514. Intelligent transportation systems program goals and purposes
(a) Goals.--The goals of the intelligent transportation
system program include--
(1) enhancement of surface transportation efficiency
and facilitation of intermodalism and international
trade to enable existing facilities to meet a
significant portion of future transportation needs,
including public access to employment, goods, and
services, and to reduce regulatory, financial, and
other transaction costs to public agencies and system
users;
(2) achievement of national transportation safety
goals, including the enhancement of safe operation of
motor vehicles and nonmotorized vehicles and improved
emergency response to a crash, with particular emphasis
on decreasing the number and severity of collisions;
(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
State and local governments to achieve national
environmental goals;
(4) accommodation of the needs of all users of
surface transportation systems, including operators of
commercial motor vehicles, passenger motor vehicles,
motorcycles, and bicycles and pedestrians, including
individuals with disabilities; and
(5) improvement of the Nation's ability to respond to
emergencies and natural disasters.
(b) Purposes.--The Secretary shall implement activities under
the intelligent system transportation program to, at a
minimum--
(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent
transportation systems for consumers of passenger and
freight transportation;
(2) ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for consideration in
the transportation planning process;
(3) improve regional cooperation and operations
planning for effective intelligent transportation
system deployment;
(4) promote the innovative use of private resources;
(5) facilitate, in cooperation with the motor vehicle
industry, the introduction of vehicle-based safety
enhancing systems;
(6) support the application of intelligent
transportation systems that increase the safety and
efficiency of commercial motor vehicle operations;
(7) develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems; and
(8) provide continuing support for operations and
maintenance of intelligent transportation systems.
Sec. 515. Intelligent transportation systems program general authority
and requirements
(a) Scope.--Subject to the provisions of this chapter, the
Secretary shall conduct an ongoing intelligent transportation
system program to research, develop, and operationally test
intelligent transportation systems and to provide technical
assistance in the nationwide application of those systems as a
component of the surface transportation systems of the United
States.
(b) Policy.--Intelligent transportation system research
projects and operational tests funded pursuant to this chapter
shall encourage and not displace public-private partnerships or
private sector investment in such tests and projects.
(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, private sector
firms in the United States, Federal laboratories, and
institutions of higher education, including historically Black
colleges and universities and other minority institutions of
higher education.
(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system program, the Secretary shall
consult with the heads of other Federal departments and
agencies, as appropriate.
(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
systems management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under this
chapter; and
(B) make, on request, that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
(2) Agreement.--
(A) In general.--The Secretary may enter into
an agreement with a third party for the
maintenance of the repository for technical and
safety data under paragraph (1)(A).
(B) Federal financial assistance.--If the
Secretary enters into an agreement with an
entity for the maintenance of the repository,
the entity shall be eligible for Federal
financial assistance under this section.
(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555
of title 5, United States Code.
(h) Infrastructure Development.--Funds made available to
carry out this chapter for operational tests--
(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
(2) to the maximum extent practicable, shall not be
used for the construction of physical highway and
public transportation infrastructure unless the
construction is incidental and critically necessary to
the implementation of an intelligent transportation
system project.
Sec. 516. Intelligent transportation systems research and development
(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development, and operational tests of intelligent
vehicles and intelligent infrastructure systems and other
similar activities that are necessary to carry out this
chapter.
(b) Priority Areas.--Under the program, the Secretary shall
give higher priority to funding projects that--
(1) enhance mobility and productivity through
improved traffic management, incident management,
transit management, freight management, road weather
management, toll collection, traveler information, or
highway operations systems and remote sensing products;
(2) utilize interdisciplinary approaches to develop
traffic management strategies and tools to address
multiple impacts of congestion concurrently;
(3) address traffic management, incident management,
transit management, toll collection traveler
information, or highway operations systems;
(4) incorporate research on the impact of
environmental, weather, and natural conditions on
intelligent transportation systems, including the
effects of cold climates;
(5) enhance intermodal use of intelligent
transportation systems for diverse groups, including
for emergency and health-related services;
(6) enhance safety through improved crash avoidance
and protection, crash and other emergency personnel
notification, commercial motor vehicle operations, and
infrastructure-based or cooperative safety systems; and
(7) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies.
Sec. 517. Intelligent transportation systems national architecture and
standards
(a) In General.--
(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783), the Secretary shall
develop, implement, and maintain a national
architecture and supporting standards and protocols to
promote the widespread use and evaluation of
intelligent transportation system technology as a
component of the surface transportation systems of the
United States.
(2) Interoperability and efficiency.--To the maximum
extent practicable, the national architecture shall
promote interoperability among, and efficiency of,
intelligent transportation system technologies
implemented throughout the United States.
(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall use the
services of such standards development organizations as
the Secretary determines to be appropriate.
(b) Provisional Standards.--
(1) In general.--If the Secretary finds that the
development or balloting of an intelligent
transportation system standard jeopardizes the timely
achievement of the objectives identified in subsection
(a), the Secretary may establish a provisional
standard, after consultation with affected parties,
using, to the extent practicable, the work product of
appropriate standards development organizations.
(2) Period of effectiveness.--A provisional standard
established under paragraph (1) shall be published in
the Federal Register and remain in effect until the
appropriate standards development organization adopts
and publishes a standard.
(c) Conformity With National Architecture.--
(1) In general.--Except as provided in paragraphs (2)
and (3), the Secretary shall ensure that intelligent
transportation system projects carried out using funds
made available from the Highway Trust Fund, including
funds made available under this chapter, to deploy
intelligent transportation system technologies conform
to the national architecture, applicable standards or
provisional standards, and protocols developed under
subsection (a).
(2) Secretary's discretion.--The Secretary may
authorize exceptions to paragraph (1) for--
(A) projects designed to achieve specific
research objectives outlined in the national
intelligent transportation system program plan
or the surface transportation research and
development strategic plan developed under
section 508; or
(B) the upgrade or expansion of an
intelligent transportation system in existence
on the date of enactment of the SAFETEA-LU if
the Secretary determines that the upgrade or
expansion--
(i) would not adversely affect the
goals or purposes of this chapter;
(ii) is carried out before the end of
the useful life of such system; and
(iii) is cost-effective as compared
to alternatives that would meet the
conformity requirement of paragraph
(1).
(3) Exceptions.--Paragraph (1) shall not apply to
funds used for operation or maintenance of an
intelligent transportation system in existence on the
date of enactment of the SAFETEA-LU.
(d) Standard Defined.--The term ``standard'' means a document
that--
(1) contains technical specifications or other
precise criteria for intelligent transportation systems
that are to be used consistently as rules, guidelines,
or definitions of characteristics so as to ensure that
materials, products, processes, and services are fit
for their purposes; and
(2) may support the national architecture and
promote--
(A) the widespread use and adoption of
intelligent transportation system technology as
a component of the surface transportation
systems of the United States; and
(B) interoperability among intelligent
transportation system technologies implemented
throughout the States.
* * * * * * *
CHAPTER 6--INFRASTRUCTURE FINANCE
Sec.
601. Generally applicable provisions.
[602. Determination of eligibility and project selection.]
602. Project applications and determinations of eligibility.
* * * * * * *
611. State infrastructure bank capitalization.
Sec. 601. Generally applicable provisions
(a) Definitions.--In this chapter, the following definitions
apply:
(1) Eligible project costs.--The term ``eligible
project costs'' means amounts substantially all of
which are paid by, or for the account of, an obligor in
connection with a project, including the cost
(regardless of when incurred) of--
(A) * * *
* * * * * * *
(2) Contingent commitment.--The term ``contingent
commitment'' means a commitment to obligate an amount
from future available budget authority, but is not an
obligation of the Federal Government.
[(2)] (3) Federal credit instrument.--The term
``Federal credit instrument'' means a secured loan,
loan guarantee, or line of credit authorized to be made
available under this chapter with respect to a project.
[(3)] (4) Investment-grade rating.--The term
``investment-grade rating'' means a rating of BBB
minus, Baa3, bbb minus, BBB (low), or higher assigned
by a rating agency to project obligations.
[(4)] (5) Lender.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation), known as
Rule 144A(a) of the Securities and Exchange Commission
and issued under the Securities Act of 1933 (15 U.S.C.
77a et seq.)), including--
(A) * * *
* * * * * * *
[(5)] (6) Line of credit.--The term ``line of
credit'' means an agreement entered into by the
Secretary with an obligor under section 604 to provide
a direct loan at a future date upon the occurrence of
certain events.
[(6)] (7) Loan guarantee.--The term ``loan
guarantee'' means any guarantee or other pledge by the
Secretary to pay all or part of the principal of and
interest on a loan or other debt obligation issued by
an obligor and funded by a lender.
(8) Master credit agreement.--The term ``master
credit agreement'' means an agreement entered into by
and between the Secretary and an obligor for a project
that--
(A) makes contingent commitments of one or
more secured loans or other Federal credit
instruments at future dates, subject to the
provision of future budget authority;
(B) establishes the amounts and general terms
and conditions of such secured loans or other
Federal credit instruments;
(C) identifies the dedicated revenue sources
that will secure the repayment of such secured
loans or other Federal credit instruments,
which may differ by project; and
(D) provides for the obligation of funds for
such a secured loan or other Federal credit
instrument, subject to the provision of future
budget authority, for a project included in the
agreement after all requirements under this
section have been met for the project.
[(7)] (9) Obligor.--The term ``obligor'' means a
party primarily liable for payment of the principal of
or interest on a Federal credit instrument, which party
may be a corporation, limited liability company,
partnership, joint venture, trust, or governmental
entity, agency, or instrumentality.
[(8)] (10) Project.--The term ``project'' means--
(A) * * *
* * * * * * *
(C) a project for intercity passenger bus or
rail facilities and vehicles, including
facilities and vehicles owned by the National
Railroad Passenger Corporation and components
of magnetic levitation transportation systems;
[and]
(D) a project that--
(i) * * *
* * * * * * *
(iii) if located within the
boundaries of a port terminal, includes
only such surface transportation
infrastructure modifications as are
necessary to facilitate direct
intermodal interchange, transfer, and
access into and out of the port[.];
(E) a program of related transportation
projects that--
(i) are coordinated to achieve a
common transportation goal;
(ii) are eligible for funding under
this title or chapter 53 of title 49;
and
(iii) together receive not more than
30 percent of their funding for capital
costs from Federal grant funds made
available under this title or chapter
53 of title 49; and
(F) a highway, transit, or pedestrian
project, or grouping of projects, that--
(i) improves mobility; and
(ii) is located within the station
area of a transit, passenger rail, or
intercity bus station.
[(9)] (11) Project obligation.--The term ``project
obligation'' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
the financing of a project, other than a Federal credit
instrument.
[(10)] (12) Rating agency.--The term ``rating
agency'' means a credit rating agency registered with
the Securities and Exchange Commission as a nationally
recognized statistical rating organization, as that
term is defined in section 3(a) of the Securities
Exchange Act of 1934.
(13) Rural infrastructure project.--The term ``rural
infrastructure project'' means a surface transportation
infrastructure project located in any area other than
an urbanized area that has a population of greater than
250,000 inhabitants.
[(11)] (14) Secured loan.--The term ``secured loan''
means a direct loan or other debt obligation issued by
an obligor and funded by the Secretary in connection
with the financing of a project under section 603.
[(12)] (15) State.--The term ``State'' has the
meaning given the term in section 101.
[(13)] (16) Subsidy amount.--The term ``subsidy
amount'' means the amount of budget authority, or other
source of funds provided pursuant to section 608(c)(2),
sufficient to cover the estimated long-term cost to the
Federal Government of a Federal credit instrument,
calculated on a net present value basis, excluding
administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
provisions of the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
[(14)] (17) Substantial completion.--The term
``substantial completion'' means the opening of a
project to vehicular or passenger traffic.
* * * * * * *
[Sec. 602. Determination of eligibility and project selection
[(a) Eligibility.--To be eligible to receive financial
assistance under this chapter, a project shall meet the
following criteria:
[(1) Inclusion in transportation plans and
programs.--The project shall satisfy the applicable
planning and programming requirements of sections 134
and 135 at such time as an agreement to make available
a Federal credit instrument is entered into under this
chapter.
[(2) Application.--A State, local government, public
authority, public-private partnership, or any other
legal entity undertaking the project and authorized by
the Secretary, shall submit a project application to
the Secretary.
[(3) Eligible project costs.--
[(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance
under this chapter, a project shall have
eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
[(i) $50,000,000; or
[(ii) 33\1/3\ percent of the amount
of Federal highway assistance funds
apportioned for the most recently
completed fiscal year to the State in
which the project is located.
[(B) Intelligent transportation system
projects.--In the case of a project principally
involving the installation of an intelligent
transportation system, eligible project costs
shall be reasonably anticipated to equal or
exceed $15,000,000.
[(4) Dedicated revenue sources.--The Federal credit
instrument shall be repayable, in whole or in part,
from tolls, user fees, or other dedicated revenue
sources that also secure the project obligations.
[(5) Public sponsorship of private entities.--In the
case of a project that is undertaken by an entity that
is not a State or local government or an agency or
instrumentality of a State or local government, the
project that the entity is undertaking shall be
publicly sponsored as provided in paragraphs (1) and
(2).
[(b) Selection Among Eligible Projects.--
[(1) Establishment.--The Secretary shall establish
criteria for selecting among projects that meet the
eligibility requirements specified in subsection (a).
[(2) Selection criteria.--
[(A) In general.--The selection criteria
shall include the following:
[(i) The extent to which the project
is nationally or regionally
significant, in terms of generating
economic benefits, supporting
international commerce, or otherwise
enhancing the national transportation
system.
[(ii) The creditworthiness of the
project, including a determination by
the Secretary that any financing for
the project has appropriate security
features, such as a rate covenant, to
ensure repayment.
[(iii) The extent to which assistance
under this chapter would foster
innovative public-private partnerships
and attract private debt or equity
investment.
[(iv) The likelihood that assistance
under this chapter would enable the
project to proceed at an earlier date
than the project would otherwise be
able to proceed.
[(v) The extent to which the project
uses new technologies, including
intelligent transportation systems,
that enhance the efficiency of the
project.
[(vi) The amount of budget authority
required to fund the Federal credit
instrument made available under this
chapter.
[(vii) The extent to which the
project helps maintain or protect the
environment.
[(viii) The extent to which
assistance under this chapter and
chapter 1 would reduce the contribution
of Federal grant assistance to the
project.
[(B) Preliminary rating opinion letter.--For
purposes of subparagraph (A)(ii), the Secretary
shall require each project applicant to provide
a preliminary rating opinion letter from at
least 1 rating agency indicating that the
project's senior obligations, which may be the
Federal credit instrument, have the potential
to achieve an investment-grade rating.
[(c) Federal Requirements.--In addition to the requirements
of this title for highway projects, chapter 53 of title 49 for
transit projects, and section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply to funds
made available under this chapter and projects assisted with
the funds:
[(1) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
[(2) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
[(3) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).]
Sec. 602. Project applications and determinations of eligibility
(a) Project Applications.--
(1) In general.--A State, local government, agency or
instrumentality of a State or local government, public
authority, private party to a public-private
partnership, or any other legal entity undertaking a
project may submit to the Secretary an application
requesting financial assistance under this chapter for
the project.
(2) Master credit agreements.--An application
submitted under paragraph (1) may request that
financial assistance under this chapter be provided
under a master credit agreement.
(3) Applications where obligor will be identified
later.--A State, local government, agency or
instrumentality of a State or local government, or
public authority may submit an application to the
Secretary under paragraph (1) under which a private
party to a public-private partnership will be the
obligor and will be identified later through completion
of a procurement and selection of the private party.
(b) Eligibility.--
(1) Approval.--The Secretary shall approve an
application submitted under subsection (a)(1) for each
project that meets the criteria specified in paragraph
(2).
(2) Criteria.--To be eligible to receive financial
assistance under this chapter, a project shall meet the
following criteria:
(A) Inclusion in transportation plans and
programs.--The project shall satisfy the
applicable planning and programmatic
requirements of sections 5203 and 5204 of title
49--
(i) in the case of an application for
financial assistance to be provided
under a master credit agreement, at
such time as credit assistance is
provided for the project pursuant to
the master credit agreement; and
(ii) in the case of any other project
application, at such time as an
agreement to make available a Federal
credit instrument is entered into under
this chapter.
(B) Creditworthiness.--
(i) In general.--The project shall
satisfy applicable creditworthiness
standards, including, at a minimum--
(I) a rate covenant, if
applicable;
(II) adequate coverage
requirements to ensure
repayment;
(III) an investment grade
rating from at least 2 rating
agencies on debt senior to the
Federal credit instrument; and
(IV) a rating from at least 2
rating agencies on the Federal
credit instrument.
(ii) Amounts less than $75,000,000.--
Notwithstanding clauses (i)(III) and
(i)(IV), if the senior debt and Federal
credit instrument is for an amount less
than $75,000,000, 1 rating agency
opinion for each of the senior debt and
Federal credit instrument shall be
sufficient.
(iii) Federal credit instruments that
are the senior debt.--Notwithstanding
clauses (i)(III) and (i)(IV), in a case
in which the Federal credit instrument
is the senior debt, the Federal credit
instrument shall be required to receive
an investment grade rating from at
least 2 rating agencies.
(C) Eligible project costs.--The eligible
costs of the project--
(i) in the case of a project
described in section 601(a)(9)(F) or a
project principally involving the
installation of an intelligent
transportation system, shall be
reasonably anticipated to equal or
exceed $15,000,000;
(ii) in the case of a project for
which financial assistance will be
provided under a master credit
agreement, shall be reasonably
anticipated to equal or exceed
$1,000,000,000;
(iii) in the case of a rural
infrastructure project, shall be
reasonably anticipated to equal or
exceed $25,000,000; and
(iv) in the case of any other
project, shall be reasonably
anticipated to equal or exceed the
lesser of--
(I) $50,000,000; or
(II) 33\1/3\ percent of the
amount apportioned, out of
amounts made available from the
Highway Trust Fund (other than
the Alternative Transportation
Account), to the State in which
the project is located for
Federal-aid highway and highway
safety construction programs
for the most recently completed
fiscal year.
(D) Dedicated revenue sources.--The Federal
credit instrument for the project shall be
repayable, in whole or in part, from tolls,
user fees, payments owing to the obligor under
a public-private partnership, or other
dedicated revenue sources that also secure or
fund the project obligations.
(E) Regional significance.--The project shall
be regionally significant (as defined in
regulations implementing sections 134 and 135
(as in effect on the day before the date of
enactment of the American Energy and
Infrastructure Jobs Act of 2012)) or otherwise
significantly enhance the national
transportation system.
(F) Public sponsorship of private entities.--
In the case of a project undertaken by an
entity that is not a State or local government
(or an agency or instrumentality of a State or
local government), the project shall be
publicly sponsored as provided under subsection
(a).
(G) Beneficial effects.--The Secretary shall
determine that financial assistance for the
project under this chapter will--
(i) foster an innovative public-
private partnership and attract private
debt or equity investment for the
project;
(ii) enable the project to proceed at
an earlier date than the project would
otherwise be able to proceed or reduce
the project's life cycle costs,
including debt service costs; and
(iii) reduce the contribution of
Federal grant assistance for the
project.
(H) Project readiness.--The applicant shall
demonstrate that the contracting process for
construction of the project can be commenced
not later than 90 days after the date on which
a Federal credit instrument is secured for the
project under this chapter.
(c) Preliminary Rating Opinion Letter.--For purposes of
subsection (b)(2)(B), the Secretary shall require each
applicant for a project to provide a preliminary rating opinion
letter from at least 1 rating agency indicating that the
project's senior obligations, which may consist, in whole or in
part, of the Federal credit instrument, have the potential to
achieve an investment-grade rating.
(d) Approval of Applications and Funding.--
(1) In general.--The Secretary shall--
(A) approve applications for projects that
meet the criteria specified in subsection
(b)(2) in the order in which the Secretary
receives the applications; and
(B) commit or conditionally commit budget
authority for projects, out of amounts made
available to carry out this chapter for a
fiscal year, in the order in which the
Secretary approves the applications for such
projects.
(2) Insufficient funds.--If the Secretary approves an
application submitted under subsection (a)(1) for a
project in a fiscal year, but is unable to provide
financial assistance for the project in that fiscal
year as a result of prior commitments or conditional
commitments of budget authority under this chapter, the
Secretary shall provide the project sponsor with the
option of receiving such financial assistance as soon
as sufficient budget authority is made available to
carry out this chapter in a subsequent fiscal year.
(e) Procedures for Determining Project Eligibility.--
(1) Establishment.--The Secretary shall establish
procedures for--
(A) processing applications received under
subsection (a)(1) requesting financial
assistance for projects; and
(B) approving or disapproving the
applications based on whether the projects meet
the criteria specified in subsection (b)(2).
(2) Application processing procedures.--The
procedures shall meet the following requirements:
(A) The procedures may not restrict when
applications may be filed.
(B) The procedures shall ensure that--
(i) the Secretary will provide
written notice to an applicant, on or
before the 15th day following the date
of receipt of the applicant's
application, informing the applicant of
whether the application is complete;
(ii) if the application is complete,
the Secretary will provide written
notice to the applicant, on or before
the 60th day following the date of
issuance of written notice for the
application under clause (i), informing
the applicant of whether the Secretary
has approved or disapproved the
application;
(iii) if the application is not
complete, the Secretary will provide
written notice to the applicant,
together with the written notice issued
for the application under clause (i),
informing the applicant of the
information and materials needed to
complete the application; and
(iv) if the Secretary does not
provide written notice to an applicant
under clause (i) in the 15-day period
specified in clause (i)--
(I) the applicant's
application is deemed complete;
and
(II) the Secretary will
provide written notice to the
applicant, on or before the
60th day following the last day
of such 15-day period,
informing the applicant of
whether the Secretary has
approved or disapproved the
application.
(C) The procedures may not use eligibility
criteria that are supplemental to those
established by this chapter.
(D) In accordance with subsection (b)(1), the
procedures shall require approval of an
application if the project meets the
eligibility criteria specified in subsection
(b)(2).
(E) The procedures shall require that any
written notice of disapproval of an application
identify the eligibility criteria that were not
satisfied and contain an explanation of the
deficiencies that resulted in failure to meet
such criteria.
(3) Special rules for master credit agreements.--The
Secretary shall issue special rules for--
(A) processing applications under which
financial assistance will be provided under a
master credit agreement; and
(B) approving or disapproving such
applications based on whether the proposed
project or program of related projects meets
the applicable eligibility criteria specified
in section 601(a)(7).
(f) Application Approval.--Approval of an application for a
project under subsection (a)(1) qualifies the project for
execution of a conditional term sheet establishing a
conditional commitment of credit assistance.
(g) Federal Requirements.--In addition to the requirements of
this title for highway projects, chapter 53 of title 49 for
public transportation projects, and section 5333(a) of title 49
for rail projects, the following provisions of law shall apply
to funds made available under this chapter and projects
assisted with the funds:
(1) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(h) Development Phase Activities.--Any credit instrument
secured under this chapter may be used to finance 100 percent
of the cost of development phase activities as described in
section 601(a)(1)(A) if the total amount of the credit
instrument does not exceed the maximum amount for such
instrument prescribed in this chapter.
Sec. 603. Secured loans
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through
(4), the Secretary may enter into agreements, including
master credit agreements, with 1 or more obligors to
make secured loans, the proceeds of which shall be
used--
(A) to finance eligible project costs of any
project [selected] approved under section 602;
or
(B) to refinance interim construction
financing of eligible project costs of any
project [selected] approved under section 602;
or
(C) to refinance long-term project
obligations or Federal credit instruments if
such refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any project that--
(i) is [selected] approved under
section 602; or
* * * * * * *
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
[602(b)(2)(B)] 602(c), shall determine an appropriate
capital reserve subsidy amount for each secured loan,
taking into account such letter.
* * * * * * *
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section
with respect to a project shall be on such terms and
conditions and contain such covenants, representations,
warranties, and requirements (including requirements
for audits) as are consistent with this chapter and its
purpose and that the Secretary determines appropriate.
[(2) Maximum amount.--The amount of the secured loan
shall not exceed the lesser of 33 percent of the
reasonably anticipated eligible project costs or, if
the secured loan does not receive an investment grade
rating, the amount of the senior project obligations.]
(2) Maximum amounts.--The amount of the secured loan
may not exceed 49 percent of the reasonably anticipated
eligible project costs.
(3) Payment.--The secured loan--
(A) shall--
(i) be payable, in whole or in part,
from tolls, user fees, payments owing
to the obligor under a public-private
partnership, or other dedicated revenue
sources that also secure the senior
project obligations; and
* * * * * * *
(6) Nonsubordination.--The secured loan shall not be
subordinated to the claims of any holder of project
obligations entered into after the date on which the
agreement to provide the secured loan is entered into
under this section (except that such obligations do not
include project obligations issued to refund prior
project obligations or project obligations not
contemplated by the parties at the time) in the event
of bankruptcy, insolvency, or liquidation of the
obligor.
* * * * * * *
Sec. 604. Lines of credit
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through
(4), the Secretary may enter into agreements to make
available lines of credit to 1 or more obligors in the
form of direct loans to be made by the Secretary at
future dates on the occurrence of certain events for
any project [selected] approved under section 602.
* * * * * * *
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
[602(b)(2)(B)] 602(c), shall determine an appropriate
capital reserve subsidy amount for each line of credit,
taking into account such letter.
* * * * * * *
(b) Terms and Limitations.--
(1) In general.--A line of credit under this section
with respect to a project shall be on such terms and
conditions and contain such covenants, representations,
warranties, and requirements (including requirements
for audits) as are consistent with this chapter and its
purpose and that the Secretary determines appropriate.
[(2) Maximum amounts.--The total amount of the line
of credit shall not exceed 33 percent of the reasonably
anticipated eligible project costs.]
(2) Maximum amounts.--The total amount of the line of
credit may not exceed 49 percent of the reasonably
anticipated eligible project costs.
* * * * * * *
(5) Security.--The line of credit--
(A) shall--
(i) be payable, in whole or in part,
from tolls, user fees, payments owing
to the obligor under a public-private
partnership, or other dedicated revenue
sources that also secure the senior
project obligations; and
* * * * * * *
(8) Nonsubordination.--A direct loan under this
section shall not be subordinated to the claims of any
holder of project obligations entered into after the
date on which the agreement to provide the direct loan
is entered into under this section (except that such
obligations do not include project obligations issued
to refund prior project obligations or project
obligations not contemplated by the parties at the
time) in the event of bankruptcy, insolvency, or
liquidation of the obligor.
* * * * * * *
(10) Relationship to other credit instruments.--A
project that receives a line of credit under this
section also shall not receive a secured loan or loan
guarantee under section 603 of an amount that, combined
with the amount of the line of credit, exceeds [33
percent] 49 percent of eligible project costs.
* * * * * * *
Sec. 605. Program administration
(a) * * *
* * * * * * *
(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining approval and the issuance of credit assistance
under this chapter.
* * * * * * *
Sec. 608. Funding
(a) Funding.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this chapter
$122,000,000 for each of fiscal years 2005 through
2009.]
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Alternative Transportation Account) to carry out
this chapter $1,000,000,000 for each of fiscal years
2013 through 2016.
* * * * * * *
(3) Administrative costs.--From funds made available
to carry out this chapter, the Secretary may use, for
the administration of this chapter, not more than
[$2,200,000 for each of fiscal years 2005 through 2009]
$3,250,000 for each of fiscal years 2013 through 2016.
(4) Projects under a master credit agreement.--The
Secretary may commit or conditionally commit to
projects covered by master credit agreements not more
than 15 percent of the amount of budget authority for
each fiscal year under paragraph (1). This limitation
does not apply to a project under a master credit
agreement that has received final credit approval.
* * * * * * *
(c) Exhaustion of Availability.--
(1) Notice of exhaustion.--Whenever the Secretary
fully commits budget authority available in a fiscal
year under subparagraph (a)(1), the Secretary shall--
(A) publish notice of that fact in the
Federal Register; and
(B) deliver written notice of that fact to
the applicants under all approved and pending
applications.
(2) Election to use other sources for subsidy
amount.--An applicant may elect in its application or
at any time after receipt of such notice to pay the
subsidy amount from available sources other than the
budget authority available in a fiscal year under
subparagraph (a)(1), including from Federal assistance
available to the applicant under this title or chapter
53 of title 49.
(d) Use of Unallocated Funds.--
(1) Distribution among states.--On September 1 of
each fiscal year, the Secretary shall distribute any
remaining budget authority made available in subsection
(a)(1) among the States in the ratio that--
(A) the amount authorized to be apportioned,
out of amounts made available from the Highway
Trust Fund (other than the Alternative
Transportation Account), to each State for the
National Highway System program, the surface
transportation program, and highway safety
improvement program for the fiscal year; bears
to
(B) the amount authorized to be apportioned,
out of amounts made available from the Highway
Trust Fund (other than the Alternative
Transportation Account), to all States for the
National Highway System program, the surface
transportation program, and highway safety
improvement program for the fiscal year.
(2) Eligible purposes.--Such budget authority shall
be available for any purpose eligible for funding under
section 133.
* * * * * * *
Sec. 610. State infrastructure bank program
(a) * * *
* * * * * * *
(d) Funding.--
(1) Highway account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank to deposit into the highway
account of the bank not to exceed--
(A) [10 percent] 15 percent of the funds
apportioned to the State for each of [fiscal
years 2005 through 2009] fiscal years 2013
through 2016 under each of sections 104(b)(1),
104(b)(3), 104(b)(4), and 144; [and]
(B) [10 percent] 15 percent of the funds
allocated to the State for each of such fiscal
years under section 105[.]; and
(C) 100 percent of the funds apportioned to
the State for each of fiscal years 2013 through
2016 under section 611.
(2) Transit account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under section 5307, 5309, or 5311 of
title 49, to deposit into the transit account of the
bank not to exceed [10 percent] 15 percent of the funds
made available to the State or other recipient in each
of [fiscal years 2005 through 2009] fiscal years 2013
through 2016 for capital projects under each of such
sections.
(3) Rail account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under subtitle V of title 49, to
deposit into the rail account of the bank funds made
available to the State or other recipient in each of
[fiscal years 2005 through 2009] fiscal years 2013
through 2016 for capital projects under such subtitle.
* * * * * * *
(k) Program Administration.--For each of [fiscal years 2005
through 2009] fiscal years 2013 through 2016, a State may
expend not to exceed 2 percent of the Federal funds contributed
to an infrastructure bank established by the State under this
section to pay the reasonable costs of administering the bank.
Sec. 611. State infrastructure bank capitalization
(a) Apportionment of Funds.--On October 1 of each fiscal
year, the Secretary shall apportion amounts made available to
carry out this section for a fiscal year among the States in
the ratio that--
(1) the amount authorized to be apportioned, out of
amounts made available from the Highway Trust Fund
(other than the Alternative Transportation Account), to
each State for the National Highway System program, the
surface transportation program, and highway safety
improvement program for the fiscal year; bears to
(2) the amount authorized to be apportioned, out of
amounts made available from the Highway Trust Fund
(other than the Alternative Transportation Account), to
all States for the National Highway System program, the
surface transportation program, and highway safety
improvement program for the fiscal year.
(b) Eligible Uses of Funding.--
(1) In general.--Except as provided in paragraph (2),
funds apportioned to a State under subsection (a) shall
be used by the State to make capitalization grants to
the highway account of the State's infrastructure bank
established under section 610.
(2) Fiscal years 2013 and 2014.--Funds apportioned to
a State under subsection (a) for fiscal years 2013 and
2014 may be used by the State for eligible projects on
the National Highway System, as described in section
119(d).
(c) Reapportionment of Funds.--For fiscal year 2015 and each
fiscal year thereafter, if by August 1 of the fiscal year a
State does not obligate the funds apportioned to the State for
the fiscal year under subsection (a) for providing
capitalization grants described in subsection (b), the
Secretary shall reapportion the remaining funds among those
States that--
(1) did obligate before such date all of the funds
apportioned to the State for the fiscal year under
subsection (a); and
(2) certify to the Secretary that the State will use
the additional funds to make capitalization grants
described in subsection (b) before the end of the
fiscal year.
(d) Limitation.--Any reapportionment of funds pursuant to
subsection (d) shall not require a recalculation of percentages
under section 105.
(e) Applicability of Federal Law.--The requirements referred
to in section 610(h) shall apply to any funds apportioned under
this section.
(f) Funding.--
(1) In general.--There is authorized to be
appropriated out of the Highway Trust Fund (other than
the Alternative Transportation Account) to carry out
this section $750,000,000 for each of fiscal years 2013
through 2016.
(2) Contract authority.--Funds made available under
paragraph (1) shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1.
----------
SAFETEA-LU
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) [23 U.S.C. 101 note] Short Title.--This Act may be cited
as the ``Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users'' or ``SAFETEA-LU''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of Programs
* * * * * * *
[Sec. 1117. Transportation, community, and system preservation program.]
* * * * * * *
Subtitle C--Mobility and Efficiency
[Sec. 1301. Projects of national and regional significance.
[Sec. 1302. National corridor infrastructure improvement program.]
* * * * * * *
[Sec. 1305. Truck parking facilities.
[Sec. 1306. Freight intermodal distribution pilot grant program.
[Sec. 1307. Deployment of magnetic levitation transportation projects.
[Sec. 1308. Delta region transportation development program.]
* * * * * * *
Subtitle D--Highway Safety
* * * * * * *
[Sec. 1404. Safe routes to school program.]
* * * * * * *
[Sec. 1410. National Work Zone Safety Information Clearinghouse.]
Subtitle E--Construction and Contract Efficiency
* * * * * * *
[Sec. 1502. Highways for LIFE pilot program.]
* * * * * * *
Subtitle H--Environment
* * * * * * *
[Sec. 1803. America's Byways Resource Center.
[Sec. 1804. National historic covered bridge preservation.]
* * * * * * *
[Sec. 1807. Nonmotorized transportation pilot program.]
* * * * * * *
Subtitle I--Miscellaneous
* * * * * * *
[Sec. 1906. Grant program to prohibit racial profiling.
[Sec. 1907. Pavement marking systems demonstration projects.]
* * * * * * *
[Sec. 1958. Limitation on project approval.]
* * * * * * *
TITLE II--HIGHWAY SAFETY
* * * * * * *
[Sec. 2009. High visibility enforcement program.
[Sec. 2010. Motorcyclist safety.
[Sec. 2011. Child safety and child booster seat incentive grants.]
* * * * * * *
[Sec. 2013. Drug-impaired driving enforcement.
[Sec. 2014. First responder vehicle safety program.]
* * * * * * *
[Sec. 2016. Rural State emergency medical services optimization pilot
program.
[Sec. 2017. Older driver safety; law enforcement training.]
* * * * * * *
TITLE III--PUBLIC TRANSPORTATION
* * * * * * *
[Sec. 3045. National fuel cell bus technology development program.
[Sec. 3046. Allocations for national research and technology programs.]
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Commercial Motor Vehicle Safety
* * * * * * *
[Sec. 4127. Outreach and education.
[Sec. 4128. Safety data improvement program.]
* * * * * * *
[Sec. 4134. Grant program for commercial motor vehicle operators.]
* * * * * * *
TITLE V--RESEARCH
* * * * * * *
Subtitle C--Intelligent Transportation System Research
* * * * * * *
[Sec. 5303. Goals and purposes.
[Sec. 5304. Infrastructure development.
[Sec. 5305. General authorities and requirements.
[Sec. 5306. Research and development.
[Sec. 5307. National architecture and standards.
[Sec. 5308. Road weather research and development program.
[Sec. 5309. Centers for surface transportation excellence.
[Sec. 5310. Definitions.]
* * * * * * *
Subtitle E--Other Programs
[Sec. 5501. Transportation safety information management system
project.]
* * * * * * *
[Sec. 5506. Commercial remote sensing products and spatial information
technologies.
[Sec. 5507. Rural interstate corridor communications study.]
* * * * * * *
[Sec. 5511. Motorcycle crash causation study grants.]
* * * * * * *
[Sec. 5513. Research grants.]
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of Programs
* * * * * * *
[SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM.
[(a) Establishment.--In cooperation with appropriate State,
tribal, regional, and local governments, the Secretary shall
establish a comprehensive program to address the relationships
among transportation, community, and system preservation plans
and practices and identify private sector-based initiatives to
improve such relationships.
[(b) Purpose.--Through the program under this section, the
Secretary shall facilitate the planning, development, and
implementation of strategies to integrate transportation,
community, and system preservation plans and practices that
address one or more of the following:
[(1) Improve the efficiency of the transportation
system of the United States.
[(2) Reduce the impacts of transportation on the
environment.
[(3) Reduce the need for costly future investments in
public infrastructure.
[(4) Provide efficient access to jobs, services, and
centers of trade.
[(5) Examine community development patterns and
identify strategies to encourage private sector
development that achieves the purposes identified in
paragraphs (1) through (4).
[(c) General Authority.--The Secretary shall allocate funds
made available to carry out this section to States,
metropolitan planning organizations, local governments, and
tribal governments to carry out eligible projects to integrate
transportation, community, and system preservation plans and
practices.
[(d) Eligibility.--A project described in subsection (c) is
an eligible project under this section if the project--
[(1) is eligible for assistance under title 23 or
chapter 53 of title 49, United States Code; or
[(2) is to conduct any other activity relating to
transportation, community, and system preservation that
the Secretary determines to be appropriate, including
corridor preservation activities that are necessary to
implement one or more of the following:
[(A) Transit-oriented development plans.
[(B) Traffic calming measures.
[(C) Other coordinated transportation,
community, and system preservation practices.
[(e) Criteria.--In allocating funds made available to carry
out this section, the Secretary shall give priority
consideration to applicants that--
[(1) have instituted preservation or development
plans and programs that--
[(A) are coordinated with State and local
preservation or development plans, including
transit-oriented development plans;
[(B) promote cost-effective and strategic
investments in transportation infrastructure
that minimize adverse impacts on the
environment; or
[(C) promote innovative private sector
strategies;
[(2) have instituted other policies to integrate
transportation, community, and system preservation
practices, such as--
[(A) spending policies that direct funds to
high-growth areas;
[(B) urban growth boundaries to guide
metropolitan expansion;
[(C) ``green corridors'' programs that
provide access to major highway corridors for
areas targeted for efficient and compact
development; or
[(D) other similar programs or policies as
determined by the Secretary;
[(3) have preservation or development policies that
include a mechanism for reducing potential impacts of
transportation activities on the environment;
[(4) demonstrate a commitment to public and private
involvement, including the involvement of
nontraditional partners in the project team; and
[(5) examine ways to encourage private sector
investments that address the purposes of this section.
[(f) Equitable Distribution.--In allocating funds to carry
out this section, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
[(g) Funding.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$25,000,000 for fiscal year 2005 and $61,250,000 for
each of fiscal years 2006 through 2009.
[(2) Contract authority.--Funds made available to
carry out this section shall be available for
obligation in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States
Code; except that such funds shall not be transferable,
and the Federal share for projects and activities
carried out with such funds shall be determined in
accordance with section 120(b) of title 23, United
States Code.]
* * * * * * *
Subtitle C--Mobility and Efficiency
[SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
[(a) Findings.--Congress finds the following:
[(1) Under current law, surface transportation
programs rely primarily on formula capital
apportionments to States.
[(2) Despite the significant increase for surface
transportation program funding in the Transportation
Equity Act of the 21st Century, current levels of
investment are insufficient to fund critical high-cost
transportation infrastructure facilities that address
critical national economic and transportation needs.
[(3) Critical high-cost transportation infrastructure
facilities often include multiple levels of government,
agencies, modes of transportation, and transportation
goals and planning processes that are not easily
addressed or funded within existing surface
transportation program categories.
[(4) Projects of national and regional significance
have national and regional benefits, including
improving economic productivity by facilitating
international trade, relieving congestion, and
improving transportation safety by facilitating
passenger and freight movement.
[(5) The benefits of projects described in paragraph
(4) accrue to local areas, States, and the Nation as a
result of the effect such projects have on the national
transportation system.
[(6) A program dedicated to constructing projects of
national and regional significance is necessary to
improve the safe, secure, and efficient movement of
people and goods throughout the United States and
improve the health and welfare of the national economy.
[(b) Establishment of Program.--The Secretary shall establish
a program to provide grants to States for projects of national
and regional significance.
[(c) Definitions.--In this section, the following definitions
apply:
[(1) Eligible project costs.--The term ``eligible
project costs'' means the costs of--
[(A) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
[(B) construction, reconstruction,
rehabilitation, and acquisition of real
property (including land related to the project
and improvements to land), environmental
mitigation, construction contingencies,
acquisition of equipment, and operational
improvements.
[(2) Eligible project.--The term ``eligible project''
means any surface transportation project eligible for
Federal assistance under title 23, United States Code,
including freight railroad projects and activities
eligible under such title.
[(3) State.--The term ``State'' has the meaning such
term has in section 101(a) of title 23, United States
Code.
[(d) Eligibility.--To be eligible for assistance under this
section, a project shall have eligible project costs that are
reasonably anticipated to equal or exceed the lesser of--
[(1) $500,000,000; or
[(2) 75 percent of the amount of Federal highway
assistance funds apportioned for the most recently
completed fiscal year to the State in which the project
is located.
[(e) Applications.--Each State seeking to receive a grant
under this section for an eligible project shall submit to the
Secretary an application in such form and in accordance with
such requirements as the Secretary shall establish.
[(f) Competitive Grant Selection and Criteria for Grants.--
[(1) In general.--The Secretary shall--
[(A) establish criteria for selecting among
projects that meet the eligibility criteria
specified in subsection (d);
[(B) conduct a national solicitation for
applications; and
[(C) award grants on a competitive basis.
[(2) Criteria for grants.--The Secretary may approve
a grant under this section for a project only if the
Secretary determines that the project--
[(A) is based on the results of preliminary
engineering;
[(B) is justified based on the ability of the
project--
[(i) to generate national economic
benefits, including creating jobs,
expanding business opportunities, and
impacting the gross domestic product;
[(ii) to reduce congestion, including
impacts in the State, region, and
Nation;
[(iii) to improve transportation
safety, including reducing
transportation accidents, injuries, and
fatalities;
[(iv) to otherwise enhance the
national transportation system; and
[(v) to garner support for non-
Federal financial commitments and
provide evidence of stable and
dependable financing sources to
construct, maintain, and operate the
infrastructure facility; and
[(C) is supported by an acceptable degree of
non-Federal financial commitments, including
evidence of stable and dependable financing
sources to construct, maintain, and operate the
infrastructure facility.
[(3) Selection considerations.--In selecting a
project under this section, the Secretary shall
consider the extent to which the project--
[(A) leverages Federal investment by
encouraging non-Federal contributions to the
project, including contributions from public-
private partnerships;
[(B) uses new technologies, including
intelligent transportation systems, that
enhance the efficiency of the project; and
[(C) helps maintain or protect the
environment.
[(4) Preliminary engineering.--In evaluating a
project under paragraph (2)(A), the Secretary shall
analyze and consider the results of preliminary
engineering for the project.
[(5) Non-federal financial commitment.--
[(A) Evaluation of project.--In evaluating a
project under paragraph (2)(C), the Secretary
shall require that--
[(i) the proposed project plan
provides for the availability of
contingency amounts that the Secretary
determines to be reasonable to cover
unanticipated cost increases; and
[(ii) each proposed non-Federal
source of capital and operating
financing is stable, reliable, and
available within the proposed project
timetable.
[(B) Considerations.--In assessing the
stability, reliability, and availability of
proposed sources of non-Federal financing under
subparagraph (A), the Secretary shall
consider--
[(i) existing financial commitments;
[(ii) the degree to which financing
sources are dedicated to the purposes
proposed;
[(iii) any debt obligation that
exists or is proposed by the recipient
for the proposed project; and
[(iv) the extent to which the project
has a non-Federal financial commitment
that exceeds the required non-Federal
share of the cost of the project.
[(6) Regulations.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
issue regulations on the manner in which the Secretary
will evaluate and rate the projects based on the
results of preliminary engineering, project
justification, and the degree of non-Federal financial
commitment, as required under this subsection.
[(7) Project evaluation and rating.--
[(A) In general.--A proposed project may
advance from preliminary engineering to final
design and construction only if the Secretary
finds that the project meets the requirements
of this subsection and there is a reasonable
likelihood that the project will continue to
meet such requirements.
[(B) Evaluation and rating.--In making such
findings, the Secretary shall evaluate and rate
the project as ``highly recommended'',
``recommended'', or ``not recommended'' based
on the results of preliminary engineering, the
project justification criteria, and the degree
of non-Federal financial commitment, as
required under this subsection. In rating the
projects, the Secretary shall provide, in
addition to the overall project rating,
individual ratings for each of the criteria
established under the regulations issued under
paragraph (6).
[(g) Letters of Intent and Full Funding Grant Agreements.--
[(1) Letter of intent.--
[(A) In general.--The Secretary may issue a
letter of intent to an applicant announcing an
intention to obligate, for a project under this
section, an amount from future available budget
authority specified in law that is not more
than the amount stipulated as the financial
participation of the Secretary in the project.
[(B) Notification.--At least 60 days before
issuing a letter under subparagraph (A) or
entering into a full funding grant agreement,
the Secretary shall notify in writing the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate of the proposed letter or agreement.
The Secretary shall include with the
notification a copy of the proposed letter or
agreement as well as the evaluations and
ratings for the project.
[(C) Not an obligation.--The issuance of a
letter is deemed not to be an obligation under
sections 1108(c), 1108(d), 1501, and 1502(a) of
title 31, United States Code, or an
administrative commitment.
[(D) Obligation or commitment.--An obligation
or administrative commitment may be made only
when contract authority is allocated to a
project.
[(2) Full funding grant agreement.--
[(A) In general.--A project financed under
this subsection shall be carried out through a
full funding grant agreement. The Secretary
shall enter into a full funding grant agreement
based on the evaluations and ratings required
under subsection (f)(7).
[(B) Terms.--If the Secretary makes a full
funding grant agreement with an applicant, the
agreement shall--
[(i) establish the terms of
participation by the United States
Government in a project under this
section;
[(ii) establish the maximum amount of
Government financial assistance for the
project;
[(iii) cover the period of time for
completing the project, including a
period extending beyond the period of
an authorization; and
[(iv) make timely and efficient
management of the project easier
according to the laws of the United
States.
[(C) Agreement.--An agreement under this
paragraph obligates an amount of available
budget authority specified in law and may
include a commitment, contingent on amounts to
be specified in law in advance for commitments
under this paragraph, to obligate an additional
amount from future available budget authority
specified in law. The agreement shall state
that the contingent commitment is not an
obligation of the Government. Interest and
other financing costs of efficiently carrying
out a part of the project within a reasonable
time are a cost of carrying out the project
under a full funding grant agreement, except
that eligible costs may not be more than the
cost of the most favorable financing terms
reasonably available for the project at the
time of borrowing. The applicant shall certify,
in a way satisfactory to the Secretary, that
the applicant has shown reasonable diligence in
seeking the most favorable financing terms.
[(3) Amounts.--The total estimated amount of future
obligations of the Government and contingent
commitments to incur obligations covered by all
outstanding letters of intent and full funding grant
agreements may be not more than the greater of the
amount authorized to carry out this section or an
amount equivalent to the last 2 fiscal years of funding
authorized to carry out this section less an amount the
Secretary reasonably estimates is necessary for grants
under this section not covered by a letter. The total
amount covered by new letters and contingent
commitments included in full funding grant agreements
may be not more than a limitation specified in law.
[(h) Grant Requirements.--
[(1) In general.--A grant for a project under this
section shall be subject to all of the requirements of
title 23, United States Code.
[(2) Other terms and conditions.--The Secretary shall
require that all grants under this section be subject
to all terms, conditions, and requirements that the
Secretary decides are necessary or appropriate for
purposes of this section, including requirements for
the disposition of net increases in value of real
property resulting from the project assisted under this
section.
[(i) Government's Share of Project Cost.--Based on
engineering studies, studies of economic feasibility, and
information on the expected use of equipment or facilities, the
Secretary shall estimate the cost of a project receiving
assistance under this section. A grant for the project is for
80 percent of the project cost, unless the grant recipient
requests a lower grant percentage. A refund or reduction of the
remainder may be made only if a refund of a proportional amount
of the grant of the Government is made at the same time.
[(j) Fiscal Capacity Considerations.--If the Secretary gives
priority consideration to financing projects that include more
than the non-Government share required under subsection (i) the
Secretary shall give equal consideration to differences in the
fiscal capacity of State and local governments.
[(k) Reports.--
[(1) Annual report.--Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Environment and Public Works of the Senate a report
that includes a proposal on the allocation of amounts
to be made available to finance grants under this
section.
[(2) Recommendations on funding.--The annual report
under this paragraph shall include evaluations and
ratings, as required under subsection (f). The report
shall also include recommendations of projects for
funding based on the evaluations and ratings and on
existing commitments and anticipated funding levels for
the next 3 fiscal years and for the next 10 fiscal
years based on information currently available to the
Secretary.
[(l) Applicability of Title 23.--Funds made available to
carry out this section shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1
of title 23, United States Code; except that such funds shall
not be transferable and shall remain available until expended
and the Federal share of the cost of a project under this
section shall be as provided in this section.
[(m) Designated Projects.--Notwithstanding any other
provision of this section, the Secretary shall allocate for
each of fiscal years 2005, 2006, 2007, 2008, and 2009, from
funds made available to carry out this section, 10 percent, 20
percent, 25 percent, 25 percent, and 20 percent respectively,
of the following amounts for grants to carry out the following
projects under this section:
------------------------------------------------------------------------
[No. State Project Description Amount
------------------------------------------------------------------------
1. CA Bakersfield Beltway System $140,000,000
2. VA, WV, OH Heartland Corridor Project $90,000,000
including multiple
intermodal facility
improvements and
improvements to
facilitate the movement
of intermodal freight
from VA to OH............
3. CA Roadway improvements in $55,000,000
and around the former
Norton Air Force Base as
part of the Inland Empire
Goods Movement Gateway
project..................
4. MI $7,400,000 for planning, $20,000,000
design, and construction
of a new American border
plaza at the Blue Water
Bridge in or near Port
Huron; $12,600,000 for
integrated highway
realignment and grade
separations at Port Huron
to eliminate road
blockages from NAFTA rail
traffic..................
5. IL Construction of O'Hare $140,000,000
Bypass/Elgin O'Hare
Extension................
6. WI Reconstruction of the $30,000,000
Marquette Interchange,
Milwaukee WI.............
7. IL CREATE.................... $100,000,000
8. OR I-5 Bridge repair, $160,000,000
replacement and
associated improvements
in the I-5 corridor......
9. CA Alameda Corridor East..... $125,000,000
10. IL Mississippi River Bridge $150,000,000
and related roads........
11. CA Transbay Terminal......... $27,000,000
12. NY Cross Harbor Freight $100,000,000
Movement Project, New
York.....................
13. WA Alaska Way Viaduct and $100,000,000
Seawall Replacement......
14. CA Gerald Desmond/I-710 $100,000,000
Gateway Project..........
15. CO Denver's Union Station.... $50,000,000
16. MN Union Depot Multimodal $50,000,000
Transit Facility.........
17. CA Sacramento Intermodal $3,000,000
Station..................
18. NJ Liberty Corridor.......... $100,000,000
19. NM For purposes of $14,000,000
construction and other
related transportation
improvements associated
with the rail yard
relocation in the
vicinity of Santa Teresa.
20. PA Route 23/US 422 $20,000,000
Interchange Modernization
and Route 363/US 422
Interchange Improvement
Project and U.S. 422
Widening, Montgomery
County, PA...............
21. PA Route 28 Widening and $15,000,000
improvements, Allegheny
County, PA...............
22. PA Redesign and $15,000,000
reconstruction of
interchanges 298 and 299
of I-80 and accompanying
improvements to any other
public roads in the
vicinity, Monroe County..
23. SC I-73, Construction of I-73 $40,000,000
from Myrtle Beach, SC to
I-95, ending at the North
Carolina State line......
24. VA Rail Relocation to route $15,000,000
164/I-664 rail corridor,
Portsmouth...............
25. WA Replacement of the Alaskan $120,000,000
Way Viaduct and Seawall
in Seattle...............
------------------------------------------------------------------------
[SEC. 1302. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM.
[(a) In General.--The Secretary shall establish and implement
a program to make allocations to States for highway
construction projects in corridors of national significance to
promote economic growth and international or interregional
trade pursuant to the selection factors provided in this
section. A State must submit an application to the Secretary in
order to receive an allocation under this section.
[(b) Selection Process.--
[(1) Priority.--In the selection process under this
section, the Secretary shall give priority to projects
in corridors that are a part of, or will be designated
as part of, the Dwight D. Eisenhower National System of
Interstate and Defense Highways after completion of the
work described in the application received by the
Secretary and to any project that will be completed
within 5 years of the date of the allocation of funds
for the project.
[(2) Selection factors.--In making allocations under
this section, the Secretary shall consider the
following factors:
[(A) The extent to which the corridor
provides a link between two existing segments
of the Interstate System.
[(B) The extent to which the project will
facilitate major multistate or regional
mobility and economic growth and development in
areas underserved by existing highway
infrastructure.
[(C) The extent to which commercial vehicle
traffic in the corridor--
[(i) has increased since the date of
enactment of the North American Free
Trade Agreement Implementation Act (16
U.S.C. 4401 et seq.); and
[(ii) is projected to increase in the
future.
[(D) The extent to which international truck-
borne commodities move through the corridor.
[(E) The extent to which the project will
make improvements to an existing segment of the
Interstate System that will result in a
decrease in congestion.
[(F) The reduction in commercial and other
travel time through a major freight corridor
expected as a result of the project.
[(G) The value of the cargo carried by
commercial vehicle traffic in the corridor and
the economic costs arising from congestion in
the corridor.
[(H) The extent of leveraging of Federal
funds provided to carry out this section,
including--
[(i) use of innovative financing;
[(ii) combination with funding
provided under other sections of this
Act and title 23, United States Code;
and
[(iii) combination with other sources
of Federal, State, local, or private
funding.
[(c) Applicability of Title 23.--Funds made available by
section 1101(a)(10) of this Act to carry out this section shall
be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code; except that such funds shall remain available until
expended, and the Federal share of the cost of a project under
this section shall be determined in accordance with section 120
of such title.
[(d) State Defined.--In this section, the term ``State'' has
the meaning such term has in section 101(a) of title 23, United
States Code.
[(e) Designated Projects.--The Secretary shall allocate for
each of fiscal years 2005, 2006, 2007, 2008, and 2009, from
funds made available to carry out this section, 10 percent, 20
percent, 25 percent, 25 percent, and 20 percent respectively,
of the following amounts for grants to carry out the following
projects under this section:
------------------------------------------------------------------------
[No. State Project Description Amount
------------------------------------------------------------------------
1. TX, LA, AR, Planning, Design, and $50,000,000
MS, TN, KY, Construction of I-69 in
IN TX, LA, AR, MS, TN, KY,
and IN...................
2. LA Improvements to Louisiana $20,000,000
Highway 1 between the
Caminada Bridge and the
intersection of LA
Highway 1 and U.S. 90....
3. MD Planning, design, and $10,000,000
construction of the Inter
County Connector in
Montgomery and Prince
Georges County in
Maryland.................
4. CA Centennial Corridor Loop $330,000,000
in Bakersfield...........
5. VA Construction of dedicated $100,000,000
truck lanes on additional
capacity in I-81 in VA...
6. CA Design, Planning and $100,000,000
Construction of State
Route 178 in Bakersfield.
7. CA Widening of Rosedale $60,000,000
Highway between SR 43 and
SR 99 in Bakersfield and
widening of SR 178
between SR 99 and D
street in Bakersfield....
8. LA Construction of the 36 $150,000,000
mile segment of I-49 in
LA between the Arkansas
State line and I-220 in
Shreveport...............
9. AR Construction of an $40,000,000
extension of I-530 from
Pine Bluff, Arkansas to
Wilmar, Arkansas to
interstate specifications
10. IL Construction of the U.S. I- $152,000,000
80 to I-88 North-South
Connector in Illinois....
11. WI Construction and $30,000,000
reconstruction of the
U.S. Highway 41 corridor
between Milwaukee and
Green Bay, Wisconsin.....
12. IL Construction of Route 34 $55,000,000
Interchange and
improvements in Illinois.
13. CA Increase capacity on I-80 $50,000,000
between Sacrament/Placer
County Line and SR 65....
14. AK Planning, design, and $30,000,000
construction of Knik Arm
Bridge...................
15. IA, IL Planning, design, right-of- $15,000,000
way acquisition and
construction of the
Interstate Route 74
bridge from Bettendorf,
Iowa, to Moline, Illinois
16. AR Planning, design, and $20,000,000
construction of the I-49/
Bella Vista Bypass in
Arkansas.................
17. SC Planning, design, and $10,000,000
construction of the I-73
corridor of national
significance in South
Carolina.................
18. CA I-405 HOV lane............ $100,000,000
19. AR I-69 Corridor, including $75,000,000
the Great River Bridge...
20. MN Falls-to-Falls Corridor... $50,000,000
21. DC Frederick Douglass $75,000,000
Memorial Bridge..........
22. CT Pearl Harbor Memorial $35,000,000
Bridge...................
23. IN Improvements to State Road $10,000,000
312, Hammond.............
24. CA State Route 4 East Upgrade $20,000,000
25. LA LA 1 Replacement.......... $5,000,000
26. AZ State Route 85 Upgrade.... $3,000,000
27. WV I-73/I-74 Corridor........ $50,000,000
28. LA Construction of I-49 North $27,500,000
from Shreveport,
Louisiana to Arkansas
State line (I-220 to AR
Line)....................
29. LA Transportation $27,500,000
improvements to I-49
South....................
30. OK Ports to Plain Corridor in $35,000,000
Oklahoma.................
31. TN For design, ROW and $100,000,000
construction of
Interstate 69............
32. CO U.S. 287, Ports-to-Plains $3,000,000
Corridor.................
33. OK State of Oklahoma I-44 $110,000,000]
from Riverside to Yale
Avenue in Tulsa..........
------------------------------------------------------------------------
* * * * * * *
[SEC. 1305. TRUCK PARKING FACILITIES.
[(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish
a pilot program to address the shortage of long-term parking
for commercial motor vehicles on the National Highway System.
[(b) Allocation of Funds.--
[(1) In general.--The Secretary shall allocate funds
made available to carry out this section among States,
metropolitan planning organizations, and local
governments.
[(2) Applications.--To be eligible for an allocation
under this section, a State (as defined in section
101(a) of title 23, United States Code), metropolitan
planning organization, or local government shall submit
to the Secretary an application at such time and
containing such information as the Secretary may
require.
[(3) Eligible projects.--Funds allocated under this
subsection shall be used by the recipient for projects
described in an application approved by the Secretary.
Such projects shall serve the National Highway System
and may include the following:
[(A) Constructing safety rest areas (as
defined in section 120(c) of title 23, United
States Code) that include parking for
commercial motor vehicles.
[(B) Constructing commercial motor vehicle
parking facilities adjacent to commercial truck
stops and travel plazas.
[(C) Opening existing facilities to
commercial motor vehicle parking, including
inspection and weigh stations and park-and-ride
facilities.
[(D) Promoting the availability of publicly
or privately provided commercial motor vehicle
parking on the National Highway System using
intelligent transportation systems and other
means.
[(E) Constructing turnouts along the National
Highway System for commercial motor vehicles.
[(F) Making capital improvements to public
commercial motor vehicle parking facilities
currently closed on a seasonal basis to allow
the facilities to remain open year-round.
[(G) Improving the geometric design of
interchanges on the National Highway System to
improve access to commercial motor vehicle
parking facilities.
[(4) Priority.--In allocating funds made available to
carry out this section, the Secretary shall give
priority to applicants that--
[(A) demonstrate a severe shortage of
commercial motor vehicle parking capacity in
the corridor to be addressed;
[(B) have consulted with affected State and
local governments, community groups, private
providers of commercial motor vehicle parking,
and motorist and trucking organizations; and
[(C) demonstrate that their proposed projects
are likely to have positive effects on highway
safety, traffic congestion, or air quality.
[(c) Report to Congress.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report on the results of the pilot program.
[(d) Funding.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$6,250,000 for each of fiscal years 2006 through 2009.
[(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; except that
such funds shall not be transferable and shall remain
available until expended, and the Federal share of the
cost of a project under this section shall be
determined in accordance with sections 120(b) and
120(c) of such title.
[(e) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section shall be
treated as projects on a Federal-aid system under chapter 1 of
title 23, United States Code.
[SEC. 1306. FREIGHT INTERMODAL DISTRIBUTION PILOT GRANT PROGRAM.
[(a) In General.--The Secretary shall establish and implement
a freight intermodal distribution pilot grant program.
[(b) Purposes.--The purposes of the program established under
subsection (a) shall be for the Secretary to make grants to
States--
[(1) to facilitate and support intermodal freight
transportation initiatives at the State and local
levels to relieve congestion and improve safety; and
[(2) to provide capital funding to address
infrastructure and freight distribution needs at inland
ports and intermodal freight facilities.
[(c) Eligible Projects.--Projects for which grants may be
made under this section shall help relieve congestion, improve
transportation safety, facilitate international trade, and
encourage public-private partnership and may include projects
for the development and construction of intermodal freight
distribution and transfer facilities at inland ports.
[(d) Selection Process.--
[(1) Applications.--A State (as defined in section
101(a) of title 23, United States Code) shall submit
for approval by the Secretary an application for a
grant under this section containing such information as
the Secretary may require to receive such a grant.
[(2) Priority.--In selecting projects for grants, the
Secretary shall give priority to projects that will--
[(A) reduce congestion into and out of
international ports located in the United
States;
[(B) demonstrate ways to increase the
likelihood that freight container movements
involve freight containers carrying goods; and
[(C) establish or expand intermodal
facilities that encourage the development of
inland freight distribution centers.
[(3) Designated projects.--Subject to the provisions
of this section, the Secretary shall allocate for each
of fiscal years 2005 through 2009, from funds made
available to carry out this section, 20 percent of the
following amounts for grants to carry out the following
projects under this section:
[(A) Short-haul intermodal projects, Oregon,
$5,000,000.
[(B) The Georgia Port Authority, $5,000,000.
[(C) The ports of Los Angeles and Long Beach,
California, $5,000,000.
[(D) Fairbanks, Alaska, $5,000,000.
[(E) Charlotte Douglas International Airport
Freight Intermodal Facility, North Carolina,
$5,000,000.
[(F) South Piedmont Freight Intermodal
Center, North Carolina, $5,000,000.
[(e) Use of Grant Funds.--Funds made available to a recipient
of a grant under this section shall be used by the recipient
for the project described in the application of the recipient
approved by the Secretary.
[(f) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the pilot program carried out under
this section.
[(g) Funding.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$6,000,000 for each of fiscal years 2005 through 2009.
[(2) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; except that
such funds shall not be transferable and shall remain
available until expended, and the Federal share of the
cost of a project under this section shall be
determined in accordance with section 120 of such
title.
[(h) Treatment of Projects.--Notwithstanding any other
provision of law, projects for which grants are made under this
section shall be treated as projects on a Federal-aid system
under chapter 1 of title 23, United States Code.
[SEC. 1307. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Eligible project costs.--The term ``eligible
project costs''--
[(A) means the capital cost of the fixed
guideway infrastructure of a MAGLEV project,
including land, piers, guideways, propulsion
equipment and other components attached to
guideways, power distribution facilities
(including substations), control and
communications facilities, access roads, and
storage, repair, and maintenance facilities,
but not including costs incurred for a new
station; and
[(B) includes the costs of preconstruction
planning activities.
[(2) Full project costs.--The term ``full project
costs'' means the total capital costs of a MAGLEV
project, including eligible project costs and the costs
of stations, vehicles, and equipment.
[(3) MAGLEV.--The term ``MAGLEV'' means
transportation systems employing magnetic levitation
that would be capable of safe use by the public at a
speed in excess of 240 miles per hour.
[(4) State.--The term ``State'' has the meaning such
term has under section 101(a) of title 23, United
States Code.
[(b) In General.--
[(1) Assistance for eligible projects.--The Secretary
shall make available financial assistance to pay the
Federal share of full project costs of eligible
projects authorized by this section.
[(2) Use of assistance.--Financial assistance
provided under paragraph (1) shall be used only to pay
eligible project costs of projects authorized by this
section.
[(3) Applicability of other laws.--Financial
assistance made available under this section, and
projects assisted with such assistance, shall be
subject to section 5333(a) of title 49, United States
Code.
[(c) Project Eligibility.--To be eligible to receive
financial assistance under subsection (b), a project shall--
[(1) involve a segment or segments of a high-speed
ground transportation corridor;
[(2) result in an operating transportation facility
that provides a revenue producing service; and
[(3) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by one or more States.
[(d) Allocation.--Of the amounts made available to carry out
this section for a fiscal year, the Secretary shall allocate--
[(1) 50 percent to the Nevada department of
transportation who shall cooperate with the California-
Nevada Super Speed Train Commission for the MAGLEV
project between Las Vegas and Primm, Nevada, as a
segment of the high-speed MAGLEV system between Las
Vegas, Nevada, and Anaheim, California; and
[(2) 50 percent for existing MAGLEV projects located
east of the Mississippi River using such criteria as
the Secretary deems appropriate.
[(e) Contract Authority.--Funds authorized under section
1101(a)(18) shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code; except that the funds shall not
be transferable and shall remain available until expended, and
the Federal share of the cost of a project to be carried out
with such funds shall be 80 percent.
[SEC. 1308. DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM.
[(a) In General.--The Secretary shall carry out a program in
the 8 States comprising the Delta Region (Alabama, Arkansas,
Illinois, Kentucky, Louisiana, Mississippi, Missouri, and
Tennessee) to--
[(1) support and encourage multistate transportation
planning and corridor development;
[(2) provide for transportation project development;
[(3) facilitate transportation decisionmaking; and
[(4) support transportation construction.
[(b) Eligible Recipients.--A State transportation department
or metropolitan planning organization in a Delta Region State
may receive and administer funds provided under the program.
[(c) Eligible Activities.--The Secretary shall make
allocations under the program for multistate highway planning,
development, and construction projects.
[(d) Other Provisions Regarding Eligibility.--All activities
funded under this program shall be consistent with the
continuing, cooperative, and comprehensive planning processes
required by sections 134 and 135 of title 23, United States
Code.
[(e) Selection Criteria.--The Secretary shall select projects
to be carried out under the program based on--
[(1) whether the project is located--
[(A) in an area under the authority of the
Delta Regional Authority; and
[(B) on a Federal-aid highway;
[(2) endorsement of the project by the State
department of transportation; and
[(3) evidence of the ability of the recipient of
funds provided under the program to complete the
project.
[(f) Program Priorities.--In administering the program, the
Secretary shall--
[(1) encourage State and local officials to work
together to develop plans for multimodal and
multijurisdictional transportation decisionmaking; and
[(2) give priority to projects that emphasize
multimodal planning, including planning for operational
improvements that--
[(A) increase the mobility of people and
goods;
[(B) improve the safety of the transportation
system with respect to catastrophic natural
disasters or disasters caused by human
activity; and
[(C) contribute to the economic vitality of
the area in which the project is being carried
out.
[(g) Federal Share.--Amounts provided by the Delta Regional
Authority to carry out a project under this subsection may be
applied to the non-Federal share of the project required by
section 120 of title 23, United States Code.
[(h) Funding.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$10,000,000 for each of fiscal years 2006 through 2009.
[(2) Contract authority.--Funds made available to
carry out this section shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code; except that such funds shall not be transferable
and shall remain available until expended.]
* * * * * * *
Subtitle D--Highway Safety
* * * * * * *
[SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.
[(a) Establishment.--Subject to the requirements of this
section, the Secretary shall establish and carry out a safe
routes to school program for the benefit of children in primary
and middle schools.
[(b) Purposes.--The purposes of the program shall be--
[(1) to enable and encourage children, including
those with disabilities, to walk and bicycle to school;
[(2) to make bicycling and walking to school a safer
and more appealing transportation alternative, thereby
encouraging a healthy and active lifestyle from an
early age; and
[(3) to facilitate the planning, development, and
implementation of projects and activities that will
improve safety and reduce traffic, fuel consumption,
and air pollution in the vicinity of schools.
[(c) Apportionment of Funds.--
[(1) In general.--Subject to paragraphs (2), (3), and
(4), amounts made available to carry out this section
for a fiscal year shall be apportioned among the States
in the ratio that--
[(A) the total student enrollment in primary
and middle schools in each State; bears to
[(B) the total student enrollment in primary
and middle schools in all States.
[(2) Minimum apportionment.--No State shall receive
an apportionment under this section for a fiscal year
of less than $1,000,000.
[(3) Set-aside for administrative expenses.--Before
apportioning under this subsection amounts made
available to carry out this section for a fiscal year,
the Secretary shall set aside not more than $3,000,000
of such amounts for the administrative expenses of the
Secretary in carrying out this subsection.
[(4) Determination of student enrollments.--
Determinations under this subsection concerning student
enrollments shall be made by the Secretary.
[(d) Administration of Amounts.--Amounts apportioned to a
State under this section shall be administered by the State's
department of transportation.
[(e) Eligible Recipients.--Amounts apportioned to a State
under this section shall be used by the State to provide
financial assistance to State, local, tribal, and regional
agencies, including nonprofit organizations, that demonstrate
an ability to meet the requirements of this section.
[(f) Eligible Projects and Activities.--
[(1) Infrastructure-related projects.--
[(A) In general.--Amounts apportioned to a
State under this section may be used for the
planning, design, and construction of
infrastructure-related projects that will
substantially improve the ability of students
to walk and bicycle to school, including
sidewalk improvements, traffic calming and
speed reduction improvements, pedestrian and
bicycle crossing improvements, on-street
bicycle facilities, off-street bicycle and
pedestrian facilities, secure bicycle parking
facilities, and traffic diversion improvements
in the vicinity of schools.
[(B) Location of projects.--Infrastructure-
related projects under subparagraph (A) may be
carried out on any public road or any bicycle
or pedestrian pathway or trail in the vicinity
of schools.
[(2) Noninfrastructure-related activities.--
[(A) In general.--In addition to projects
described in paragraph (1), amounts apportioned
to a State under this section may be used for
noninfrastructure-related activities to
encourage walking and bicycling to school,
including public awareness campaigns and
outreach to press and community leaders,
traffic education and enforcement in the
vicinity of schools, student sessions on
bicycle and pedestrian safety, health, and
environment, and funding for training,
volunteers, and managers of safe routes to
school programs.
[(B) Allocation.--Not less than 10 percent
and not more than 30 percent of the amount
apportioned to a State under this section for a
fiscal year shall be used for
noninfrastructure-related activities under this
subparagraph.
[(3) Safe routes to school coordinator.--Each State
receiving an apportionment under this section for a
fiscal year shall use a sufficient amount of the
apportionment to fund a full-time position of
coordinator of the State's safe routes to school
program.
[(g) Clearinghouse.--
[(1) In general.--The Secretary shall make grants to
a national nonprofit organization engaged in promoting
safe routes to schools to--
[(A) operate a national safe routes to school
clearinghouse;
[(B) develop information and educational
programs on safe routes to school; and
[(C) provide technical assistance and
disseminate techniques and strategies used for
successful safe routes to school programs.
[(2) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative
expenses under subsection (c)(3).
[(h) Task Force.--
[(1) In general.--The Secretary shall establish a
national safe routes to school task force composed of
leaders in health, transportation, and education,
including representatives of appropriate Federal
agencies, to study and develop a strategy for advancing
safe routes to school programs nationwide.
[(2) Report.--Not later than March 31, 2006, the
Secretary shall submit to Congress a report containing
the results of the study conducted, and a description
of the strategy developed, under paragraph (1) and
information regarding the use of funds for
infrastructure-related and noninfrastructure-related
activities under paragraphs (1) and (2) of subsection
(f).
[(3) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative
expenses under subsection (c)(3).
[(i) Applicability of Title 23.--Funds made available to
carry out this section shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1
of title 23, United States Code; except that such funds shall
not be transferable and shall remain available until expended,
and the Federal share of the cost of a project or activity
under this section shall be 100 percent.
[(j) Treatment of Projects.--Notwithstanding any other
provision of law, projects assisted under this subsection shall
be treated as projects on a Federal-aid system under chapter 1
of title 23, United States Code.
[(k) Definitions.--In this section, the following definitions
apply:
[(1) In the vicinity of schools.--The term ``in the
vicinity of schools'' means, with respect to a school,
the area within bicycling and walking distance of the
school (approximately 2 miles).
[(2) Primary and middle schools.--The term ``primary
and middle schools'' means schools providing education
from kindergarten through eighth grade.]
* * * * * * *
SEC. 1409. WORK ZONE SAFETY GRANTS.
(a) * * *
* * * * * * *
(c) Funding.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$5,000,000 for each of fiscal years 2006 through 2009.]
(1) In general.--Funding for activities under this
section may be made available as described in section
1716(a) of the American Energy and Infrastructure Jobs
Act of 2012.
* * * * * * *
[SEC. 1410. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE.
[(a) Grants.--The Secretary shall make grants for fiscal
years 2006 through 2009 to a national nonprofit foundation for
the operation of the National Work Zone Safety Information
Clearinghouse, authorized by section 358(b)(2) of Public Law
104-59, created for the purpose of assembling and
disseminating, by electronic and other means, information
relating to improvement of roadway work zone safety.
[(b) Authorization of Appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $1,000,000 for
each of fiscal years 2006 through 2009.
[(c) Contract Authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code, except the Federal share of the cost of activities
carried out using such funds shall be 100 percent, and such
funds shall remain available until expended and shall not be
transferable.]
SEC. 1411. ROADWAY SAFETY.
(a) Road Safety.--
(1) * * *
[(2) Funding.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass
Transit Account) $500,000 for each of fiscal years 2006
through 2009 to carry out this subsection.]
(2) Funding.--Funding for activities under this
subsection may be made available as described in
section 1716(a) of the American Energy and
Infrastructure Jobs Act of 2012.
* * * * * * *
[(b) Bicycle and Pedestrian Safety Grants.--
[(1) In general.--The Secretary shall make grants to
a national, not-for-profit organization engaged in
promoting bicycle and pedestrian safety--
[(A) to operate a national bicycle and
pedestrian clearinghouse;
[(B) to develop information and educational
programs; and
[(C) to disseminate techniques and strategies
for improving bicycle and pedestrian safety.
[(2) Funding.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass
Transit Account) $300,000 for fiscal year 2005 and
$500,000 for each of fiscal years 2006 through 2009 to
carry out this subsection.
[(3) Applicability of title 23.--Funds made available
by this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.]
* * * * * * *
Subtitle E--Construction and Contract Efficiency
* * * * * * *
[SEC. 1502. HIGHWAYS FOR LIFE PILOT PROGRAM.
[(a) Establishment.--
[(1) In general.--The Secretary shall establish and
implement a pilot program to be known as the ``Highways
for LIFE Pilot Program''.
[(2) Purpose.--The purpose of the pilot program shall
be to advance longer-lasting highways using innovative
technologies and practices to accomplish the fast
construction of efficient and safe highways and
bridges.
[(3) Objectives.--Under the pilot program, the
Secretary shall provide leadership and incentives to
demonstrate and promote state-of-the-art technologies,
elevated performance standards, and new business
practices in the highway construction process that
result in improved safety, faster construction, reduced
congestion from construction, and improved quality and
user satisfaction.
[(b) Projects.--
[(1) Applications.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that is in such form and
contains such information as the Secretary requires.
Each application shall contain a description of
proposed projects to be carried by the State under the
pilot program.
[(2) Eligibility.--A proposed project shall be
eligible for assistance under the pilot program if the
project--
[(A) constructs, reconstructs, or
rehabilitates a route or connection on a
Federal-aid highway eligible for assistance
under chapter 1 of title 23, United States
Code;
[(B) uses innovative technologies,
manufacturing processes, financing, or
contracting methods that improve safety, reduce
congestion due to construction, and improve
quality; and
[(C) meets additional criteria as determined
by the Secretary.
[(3) Project proposal.--A project proposal submitted
under paragraph (1) shall contain--
[(A) an identification and description of the
projects to be delivered;
[(B) a description of how the projects will
result in improved safety, faster construction,
reduced congestion due to construction, user
satisfaction, and improved quality;
[(C) a description of the innovative
technologies, manufacturing processes,
financing, and contracting methods that will be
used for the proposed projects; and
[(D) such other information as the Secretary
may require.
[(4) Selection criteria.--In selecting projects for
approval under this section, the Secretary shall ensure
that the projects provide an evaluation of a broad
range of technologies in a wide variety of project
types and shall give priority to the projects that--
[(A) address achieving the Highways for LIFE
performance standards for quality, safety, and
speed of construction;
[(B) deliver and deploy innovative
technologies, manufacturing processes,
financing, contracting practices, and
performance measures that will demonstrate
substantial improvements in safety, congestion,
quality, and cost-effectiveness;
[(C) include innovation that will lead to
change in the administration of the State's
transportation program to more quickly
construct long-lasting, high-quality, cost-
effective projects that improve safety and
reduce congestion;
[(D) are or will be ready for construction
within 1 year of approval of the project
proposal; and
[(E) meet such other criteria as the
Secretary determines appropriate.
[(5) Financial assistance.--
[(A) Funds for highways for life projects.--
Out of amounts made available to carry out this
section for a fiscal year, the Secretary may
allocate to a State up to 20 percent, but not
more than $5,000,000, of the total cost of a
project approved under this section.
Notwithstanding any other provision of law,
funds allocated to a State under this
subparagraph may be applied to the non-Federal
share of the cost of construction of a project
under title 23, United States Code.
[(B) Use of apportioned funds.--A State may
obligate not more than 10 percent of the amount
apportioned to the State under one or more of
paragraphs (1), (2), (3), and (4) of section
104(b) of title 23, United States Code, for a
fiscal year for projects approved under this
section.
[(C) Increased federal share.--
Notwithstanding sections 120 and 129 of title
23, United States Code, the Federal share
payable on account of any project constructed
with Federal funds allocated under this
section, or apportioned under section 104(b) of
such title, to a State under such title and
approved under this section may amount to 100
percent of the cost of construction of such
project.
[(D) Limitation on statutory construction.--
Except as provided in subparagraph (C), nothing
in this subsection shall be construed as
altering or otherwise affecting the
applicability of the requirements of chapter 1
of title 23, United States Code (including
requirements relating to the eligibility of a
project for assistance under the program and
the location of the project), to amounts
apportioned to a State for a program under
section 104(b) that are obligated by the State
for projects approved under this subsection.
[(6) Project selections.--In the period of fiscal
years 2005 through 2009, the Secretary, to the maximum
extent possible, shall approve at least 1 project in
each State for participation in the pilot program and
for financial assistance under paragraph (5) if the
State submits an application and the project meets the
eligibility requirements and selection criteria under
this subsection.
[(7) Maximum number of projects.--The maximum number
of projects for which the Secretary may allocate funds
under this subsection in a fiscal year is 15.
[(c) Technology Partnerships.--
[(1) In general.--The Secretary may make grants or
enter into cooperative agreements or other transactions
to foster the development, improvement, and creation of
innovative technologies and facilities to improve
safety, enhance the speed of highway construction, and
improve the quality and durability of highways.
[(2) Federal share.--The Federal share of the cost of
an activity carried out under this subsection shall not
exceed 80 percent.
[(d) Technology Transfer and Information Dissemination.--
[(1) In general.--The Secretary shall conduct a
highways for life technology transfer program.
[(2) Availability of information.--The Secretary
shall ensure that the information and technology used,
developed, or deployed under this subsection is made
available to the transportation community and the
public.
[(e) Stakeholder Input and Involvement.--The Secretary shall
establish a process for stakeholder input and involvement in
the development, implementation, and evaluation of the Highways
for LIFE Pilot Program. The process may include participation
by representatives of State departments of transportation and
other interested persons.
[(f) Project Monitoring and Evaluation.--The Secretary shall
monitor and evaluate the effectiveness of any activity carried
out under this section.
[(g) Contract Authority.--Except as otherwise provided in
this section, funds authorized to be appropriated to carry out
this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
[(h) State Defined.--In this section, the term ``State'' has
the meaning such term has in section 101(a) of title 23, United
States Code.]
* * * * * * *
Subtitle F--Finance
* * * * * * *
SEC. 1604. TOLLING.
(a) * * *
[(b) Express Lanes Demonstration Program.--
[(1) Definitions.--In this subsection, the following
definitions apply:
[(A) Eligible toll facility.--The term
``eligible toll facility'' includes--
[(i) a facility in existence on the
date of enactment of this Act that
collects tolls;
[(ii) a facility in existence on the
date of enactment of this Act that
serves high occupancy vehicles;
[(iii) a facility modified or
constructed after the date of enactment
of this Act to create additional tolled
lane capacity (including a facility
constructed by a private entity or
using private funds); and
[(iv) in the case of a new lane added
to a previously non-tolled facility,
only the new lane.
[(B) Nonattainment area.--The term
``nonattainment area'' has the meaning given
that term in section 171 of the Clean Air Act
(42 U.S.C. 7501).
[(2) Demonstration program.--Notwithstanding sections
129 and 301 of title 23, United States Code, the
Secretary shall carry out 15 demonstration projects
during the period of fiscal years 2005 through 2009 to
permit States, public authorities, or a public or
private entities designated by States, to collect a
toll from motor vehicles at an eligible toll facility
for any highway, bridge, or tunnel, including
facilities on the Interstate System--
[(A) to manage high levels of congestion;
[(B) to reduce emissions in a nonattainment
area or maintenance area; or
[(C) to finance the expansion of a highway,
for the purpose of reducing traffic congestion,
by constructing one or more additional lanes
(including bridge, tunnel, support, and other
structures necessary for that construction) on
the Interstate System.
[(3) Limitation on use of revenues.--
[(A) Use.--
[(i) In general.--Toll revenues
received under paragraph (2) shall be
used by a State, public authority, or
private entity designated by a State,
for--
[(I) debt service;
[(II) a reasonable return on
investment of any private
financing;
[(III) the costs necessary
for proper operation and
maintenance of any facilities
under paragraph (2) (including
reconstruction, resurfacing,
restoration, and
rehabilitation); or
[(IV) if the State, public
authority, or private entity
annually certifies that the
tolled facility is being
adequately operated and
maintained, any other purpose
relating to a highway or
transit project carried out
under title 23 or 49, United
States Code.
[(B) Requirements.--
[(i) Variable price requirement.--A
facility that charges tolls under this
subsection may establish a toll that
varies in price according to time of
day or level of traffic, as appropriate
to manage congestion or improve air
quality.
[(ii) HOV variable pricing
requirement.--The Secretary shall
require, for each high occupancy
vehicle facility that charges tolls
under this subsection, that the tolls
vary in price according to time of day
or level of traffic, as appropriate to
manage congestion or improve air
quality.
[(iii) HOV passenger requirements.--
Pursuant to section 166 of title 23,
United States Code, a State may permit
motor vehicles with fewer than two
occupants to operate in high occupancy
vehicle lanes as part of a variable
toll pricing program established under
this subsection.
[(C) Agreement.--
[(i) In general.--Before the
Secretary may permit a facility to
charge tolls under this subsection, the
Secretary and the applicable State,
public authority, or private entity
designated by a State shall enter into
an agreement for each facility
incorporating the conditions described
in subparagraphs (A) and (B).
[(ii) Termination.--An agreement
under clause (i) shall terminate with
respect to a facility upon the decision
of the State, public authority, or
private entity designated by a State to
discontinue the variable tolling
program under this subsection for the
facility.
[(iii) Debt.--If there is any debt
outstanding on a facility at the time
at which the decision is made to
discontinue the program under this
subsection with respect to the
facility, the facility may continue to
charge tolls in accordance with the
terms of the agreement until such time
as the debt is retired.
[(D) Limitation on federal share.--The
Federal share of the cost of a project on a
facility tolled under this subsection,
including a project to install the toll
collection facility shall be a percentage, not
to exceed 80 percent, determined by the
applicable State.
[(4) Eligibility.--To be eligible to participate in
the program under this subsection, a State, public
authority, or private entity designated by a State
shall provide to the Secretary--
[(A) a description of the congestion or air
quality problems sought to be addressed under
the program;
[(B) a description of--
[(i) the goals sought to be achieved
under the program; and
[(ii) the performance measures that
would be used to gauge the success made
toward reaching those goals; and
[(C) such other information as the Secretary
may require.
[(5) Automation.--Fees collected from motorists using
an express lane shall be collected only through the use
of noncash electronic technology that optimizes the
free flow of traffic on the tolled facility.
[(6) Interoperability.--
[(A) In general.--Not later than 180 days
after the date of enactment of this Act, the
Secretary shall promulgate a final rule
specifying requirements, standards, or
performance specifications for automated toll
collection systems implemented under this
section.
[(B) Development.--In developing that rule,
which shall be designed to maximize the
interoperability of electronic collection
systems, the Secretary shall, to the maximum
extent practicable--
[(i) seek to accelerate progress
toward the national goal of achieving a
nationwide interoperable electronic
toll collection system;
[(ii) take into account the use of
noncash electronic technology currently
deployed within an appropriate
geographical area of travel and the
noncash electronic technology likely to
be in use within the next 5 years; and
[(iii) seek to minimize additional
costs and maximize convenience to users
of toll facility and to the toll
facility owner or operator.
[(7) Reporting.--
[(A) In general.--The Secretary, in
cooperation with State and local agencies and
other program participants and with opportunity
for public comment, shall--
[(i) develop and publish performance
goals for each express lane project;
[(ii) establish a program for regular
monitoring and reporting on the
achievement of performance goals,
including--
[(I) effects on travel,
traffic, and air quality;
[(II) distribution of
benefits and burdens;
[(III) use of alternative
transportation modes; and
[(IV) use of revenues to meet
transportation or impact
mitigation needs.
[(B) Reports to congress.--The Secretary
shall submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives--
[(i) not later than 1 year after the
date of enactment of this Act, and
annually thereafter, a report that
describes in detail the uses of funds
under this subsection in accordance
with paragraph (8)(D); and
[(ii) not later than 3 years after
the date of enactment of this Act, and
every 3 years thereafter, a report that
describes any success of the program
under this subsection in meeting
congestion reduction and other
performance goals established for
express lane programs.
[(c) Interstate System Construction Toll Pilot Program.--
[(1) Establishment.--The Secretary shall establish
and implement an Interstate System construction toll
pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23,
United States Code, may permit a State or an interstate
compact of States to collect tolls on a highway,
bridge, or tunnel on the Interstate System for the
purpose of constructing Interstate highways.
[(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
section on three facilities on the Interstate System.
[(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
[(A) An identification of the facility on the
Interstate System proposed to be a toll
facility.
[(B) In the case of a facility that affects a
metropolitan area, an assurance that the
metropolitan planning organization designated
under section 134 or 135 for the area has been
consulted concerning the placement and amount
of tolls on the facility.
[(C) An analysis demonstrating that financing
the construction of the facility with the
collection of tolls under the pilot program is
the most efficient and economical way to
advance the project.
[(D) A facility management plan that
includes--
[(i) a plan for implementing the
imposition of tolls on the facility;
[(ii) a schedule and finance plan for
the construction of the facility using
toll revenues;
[(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
[(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
[(v) such other information as the
Secretary may require.
[(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
[(A) the State's analysis under paragraph
(3)(C) is reasonable;
[(B) the State plan for implementing tolls on
the facility takes into account the interests
of local, regional, and interstate travelers;
[(C) the State plan for construction of the
facility using toll revenues is reasonable;
[(D) the State will develop, manage, and
maintain a system that will automatically
collect the tolls; and
[(E) the State has given preference to the
use of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System.
[(5) Prohibition on noncompete agreements.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that the State will
not enter into an agreement with a private person under
which the State is prevented from improving or
expanding the capacity of public roads adjacent to the
toll facility to address conditions resulting from
traffic diverted to such roads from the toll facility,
including--
[(A) excessive congestion;
[(B) pavement wear; and
[(C) an increased incidence of traffic
accidents, injuries, or fatalities.
[(6) Limitations on use of revenues; audits.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that--
[(A) all toll revenues received from
operation of the toll facility will be used
only for--
[(i) debt service;
[(ii) reasonable return on investment
of any private person financing the
project; and
[(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
[(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
[(7) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.
[(8) Program term.--The Secretary may approve an
application of a State for permission to collect a toll
under this section only if the application is received
by the Secretary before the last day of the 10-year
period beginning on the date of enactment of this Act.
[(9) Interstate system defined.--In this section, the
term ``Interstate System'' has the meaning such term
has under section 101 of title 23, United States Code.]
* * * * * * *
Subtitle H--Environment
* * * * * * *
[SEC. 1803. AMERICA'S BYWAYS RESOURCE CENTER.
[(a) In General.--The Secretary shall allocate funds made
available to carry out this section to the America's Byways
Resource Center established pursuant to section 1215(b)(1) of
the Transportation Equity Act for the 21st Century (112 Stat.
209).
[(b) Technical Support and Education.--
[(1) Use of funds.--The Center shall use funds
allocated to the Center under this section to continue
to provide technical support and conduct educational
activities for the national scenic byways program
established under section 162 of title 23, United
States Code.
[(2) Eligible activities.--Technical support and
educational activities carried out under this
subsection shall provide local officials and
organizations associated with National Scenic Byways,
All-American Roads, and America's Byways with
proactive, technical, and on-site customized
assistance, including training, communications
(including a public awareness series), publications,
conferences, on-site meetings, and other assistance
considered appropriate to develop and sustain such
byways and roads.
[(c) Authorization of Appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $1,500,000 for
fiscal year 2005 and $3,000,000 for each of fiscal years 2006
through 2009.
[(d) Applicability of Title 23.--Funds authorized by this
section shall be available for obligation in the same manner as
if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost
of any project or activity carried out under this section shall
be 100 percent, and such funds shall remain available until
expended and shall not be transferable.
[SEC. 1804. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Historic covered bridge.--The term ``historic
covered bridge'' means a covered bridge that is listed
or eligible for listing on the National Register of
Historic Places.
[(2) State.--The term ``State'' has the meaning such
term has in section 101(a) of title 23, United States
Code.
[(b) Historic Covered Bridge Preservation.--The Secretary
shall--
[(1) collect and disseminate information on historic
covered bridges;
[(2) conduct educational programs relating to the
history and construction techniques of historic covered
bridges;
[(3) conduct research on the history of historic
covered bridges; and
[(4) conduct research on, and study techniques for,
protecting historic covered bridges from rot, fire,
natural disasters, or weight-related damage.
[(c) Grants.--
[(1) In general.--The Secretary shall make a grant to
a State that submits an application to the Secretary
that demonstrates a need for assistance in carrying out
one or more historic covered bridge projects described
in paragraph (2).
[(2) Eligible projects.--A grant under paragraph (1)
may be made for a project--
[(A) to rehabilitate or repair a historic
covered bridge; or
[(B) to preserve a historic covered bridge,
including through--
[(i) installation of a fire
protection system, including a
fireproofing or fire detection system
and sprinklers;
[(ii) installation of a system to
prevent vandalism and arson; or
[(iii) relocation of a bridge to a
preservation site.
[(3) Authenticity requirements.--A grant under
paragraph (1) may be made for a project only if--
[(A) to the maximum extent practicable, the
project--
[(i) is carried out in the most
historically appropriate manner; and
[(ii) preserves the existing
structure of the historic covered
bridge; and
[(B) the project provides for the replacement
of wooden components with wooden components,
unless the use of wood is impracticable for
safety reasons.
[(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section, out of the Highway
Trust Fund (other than the Mass Transit Account), $10,000,000
for each of fiscal years 2006 through 2009.
[(e) Applicability of Title 23.--Funds made available to
carry out this section shall be available for obligation in the
same manner as if the funds were apportioned under chapter 1 of
title 23, United States Code; except that the Federal share of
the cost of any project or activity carried out under this
section shall be determined in accordance with section 120 of
such title, and such funds shall remain available until
expended and shall not be transferable.]
* * * * * * *
[SEC. 1807. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.
[(a) Establishment.--The Secretary shall establish and carry
out a nonmotorized transportation pilot program to construct,
in the following 4 communities selected by the Secretary, a
network of nonmotorized transportation infrastructure
facilities, including sidewalks, bicycle lanes, and pedestrian
and bicycle trails, that connect directly with transit
stations, schools, residences, businesses, recreation areas,
and other community activity centers:
[(1) Columbia, Missouri.
[(2) Marin County, California.
[(3) Minneapolis, Minnesota.
[(4) Sheboygan County, Wisconsin.
[(b) Purpose.--The purpose of the program shall be to
demonstrate the extent to which bicycling and walking can carry
a significant part of the transportation load, and represent a
major portion of the transportation solution, within selected
communities.
[(c) Grants.--In carrying out the program, the Secretary may
make a grant of $6,250,000 per fiscal year for each of the
communities set forth in subsection (a) to State, local, and
regional agencies that the Secretary determines are suitably
equipped and organized to carry out the objectives and
requirements of this section. An agency that receives a grant
under this section may suballocate grant funds to a nonprofit
organization to carry out the program under this section.
[(d) Statistical Information.--In carrying out the program,
the Secretary shall develop statistical information on changes
in motor vehicle, nonmotorized transportation, and public
transportation usage in communities participating in the
program and assess how such changes decrease congestion and
energy usage, increase the frequency of bicycling and walking,
and promote better health and a cleaner environment.
[(e) Reports.--The Secretary shall submit to Congress an
interim report not later than September 30, 2007, and a final
report not later than September 30, 2010, on the results of the
program.
[(f) Funding.--
[(1) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
section, out of the Highway Trust Fund (other than the
Mass Transit Account), $25,000,000 for each of fiscal
years 2006 through 2009.
[(2) Contract authority.--Funds authorized to be
appropriated by this section shall be available for
obligation in the same manner and to the same extent as
if the funds were apportioned under chapter 1 of title
23, United States Code; except that the Federal share
of the cost of the project shall be 100 percent, and
the funds shall remain available until expended and
shall not be transferable.
[(g) Treatment of Projects.--Notwithstanding any other
provision of law, projects assisted under this subsection shall
be treated as projects on a Federal-aid system under chapter 1
of title 23, United States Code.]
* * * * * * *
Subtitle I--Miscellaneous
* * * * * * *
[SEC. 1906. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
[(a) Grants.--Subject to the requirements of this section,
the Secretary shall make grants to a State that--
[(1)(A) has enacted and is enforcing a law that
prohibits the use of racial profiling in the
enforcement of State laws regulating the use of
Federal-aid highways; and
[(B) is maintaining and allows public inspection of
statistical information for each motor vehicle stop
made by a law enforcement officer on a Federal-aid
highway in the State regarding the race and ethnicity
of the driver and any passengers; or
[(2) provides assurances satisfactory to the
Secretary that the State is undertaking activities to
comply with the requirements of paragraph (1).
[(b) Eligible Activities.--A grant received by a State under
subsection (a) shall be used by the State--
[(1) in the case of a State eligible under subsection
(a)(1), for costs of--
[(A) collecting and maintaining of data on
traffic stops;
[(B) evaluating the results of the data; and
[(C) developing and implementing programs to
reduce the occurrence of racial profiling,
including programs to train law enforcement
officers; and
[(2) in the case of a State eligible under subsection
(a)(2), for costs of--
[(A) activities to comply with the
requirements of subsection (a)(1); and
[(B) any eligible activity under paragraph
(1).
[(c) Racial Profiling.--
[(1) In general.--To meet the requirement of
subsection (a)(1), a State law shall prohibit, in the
enforcement of State laws regulating the use of
Federal-aid highways, a State or local law enforcement
officer from using the race or ethnicity of the driver
or passengers to any degree in making routine or
spontaneous law enforcement decisions, such as ordinary
traffic stops on Federal-aid highways.
[(2) Limitation.--Nothing in this subsection shall
alter the manner in which a State or local law
enforcement officer considers race or ethnicity
whenever there is trustworthy information, relevant to
the locality or time frame, that links persons of a
particular race or ethnicity to an identified criminal
incident, scheme, or organization.
[(d) Limitations.--
[(1) Maximum amount of grants.--The total amount of
grants made to a State under this section in a fiscal
year may not exceed 5 percent of the amount made
available to carry out this section in the fiscal year.
[(2) Eligibility.--A State may not receive a grant
under subsection (a)(2) in more than 2 fiscal years.
[(e) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$7,500,000 for each of fiscal years 2005 through 2009.
[(2) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code, except the
Federal share of the cost of activities carried out
using such funds shall be 80 percent, and such funds
shall remain available until expended and shall not be
transferable.
[SEC. 1907. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS.
[(a) In General.--The Secretary shall conduct a demonstration
project in the State of Alaska, and a demonstration project in
the State of Tennessee, to study the safety impacts,
environmental impacts, and cost effectiveness of different
pavement marking systems and the effect of State bidding and
procurement processes on the quality of pavement marking
material employed in highway projects. The demonstration
projects shall each include an evaluation of the impacts and
effectiveness of increasing the width of pavement marking edge
lines from 4 inches to 6 inches and an evaluation of advanced
acrylic water-borne pavement markings.
[(b) Report.--Not later than June 30, 2009, the Secretary
shall submit to Congress a report on the results of the
demonstration projects, together with findings and
recommendations on methods that will optimize the cost-benefit
ratio of the use of Federal funds on pavement marking.
[(c) Funding.--
[(1) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
section, out of the Highway Trust Fund (other than the
Mass Transit Account), $1,000,000 for each of fiscal
years 2006 through 2009.
[(2) Contract authority.--Funds authorized to be
appropriated by this section shall be available for
obligation in the same manner and to the same extent as
if such funds were apportioned under chapter 1 of title
23, United States Code; expect that the Federal share
of the cost of the demonstration projects shall be 100
percent, and such funds shall remain available until
expended and shall not be transferable.]
* * * * * * *
[SEC. 1958. LIMITATION ON PROJECT APPROVAL.
[Notwithstanding any provision of title 23, United States
Code, the Secretary is prohibited from approving any Federal-
aid highway project in Orange and Seminole Counties, Florida,
which provides access from Interstate Route 4 to the right-of-
way or median of Interstate Route 4 if tolls or toll facilities
are used for the access to the right-of-way or median.]
* * * * * * *
TITLE II--HIGHWAY SAFETY
* * * * * * *
[SEC. 2009. HIGH VISIBILITY ENFORCEMENT PROGRAM.
[(a) In General.--The Administrator of the National Highway
Traffic Safety Administration shall establish and administer a
program under which at least 2 high-visibility traffic safety
law enforcement campaigns will be carried out for the purposes
specified in subsection (b) in each of years 2006 through 2012.
[(b) Purpose.--The purpose of each law enforcement campaign
under this section shall be to achieve either or both of the
following objectives:
[(1) Reduce alcohol-impaired or drug-impaired
operation of motor vehicles.
[(2) Increase use of seat belts by occupants of motor
vehicles.
[(c) Advertising.--The Administrator may use, or authorize
the use of, funds available to carry out this section to pay
for the development, production, and use of broadcast and print
media advertising in carrying out traffic safety law
enforcement campaigns under this section. Consideration shall
be given to advertising directed at non-English speaking
populations, including those who listen, read, or watch
nontraditional media.
[(d) Coordination With States.--The Administrator shall
coordinate with the States in carrying out the traffic safety
law enforcement campaigns under this section, including
advertising funded under subsection (c), with a view to--
[(1) relying on States to provide the law enforcement
resources for the campaigns out of funding available
under this section and sections 402, 405, 406, and 410
of title 23, United States Code; and
[(2) providing out of National Highway Traffic Safety
Administration resources most of the means necessary
for national advertising and education efforts
associated with the law enforcement campaigns.
[(e) Use of Funds.--Funds made available to carry out this
section may only be used for activities described in
subsections (a), (c), and (f).
[(f) Annual Evaluation.--The Secretary shall conduct an
annual evaluation of the effectiveness of campaigns referred to
in subsection (a).
[(g) State Defined.--The term ``State'' has the meaning such
term has under section 401 of title 23, United States Code.
[SEC. 2010. MOTORCYCLIST SAFETY.
[(a) Authority To Make Grants.--Subject to the requirements
of this section, the Secretary shall make grants to States that
adopt and implement effective programs to reduce the number of
single- and multi-vehicle crashes involving motorcyclists.
[(b) Maintenance of Effort.--No grant may be made to a State
under this section in a fiscal year unless the State enters
into such agreements with the Secretary as the Secretary may
require to ensure that the State will maintain its aggregate
expenditures from all the other sources for motorcyclist safety
training programs and motorcyclist awareness programs at or
above the average level of such expenditures in its 2 fiscal
years preceding the date of enactment of this Act.
[(c) Allocation.--The amount of a grant made to a State for a
fiscal year under this section may not be less than $100,000
and may not exceed 25 percent of the amount apportioned to the
State for fiscal year 2003 under section 402 of title 23,
United States Code.
[(d) Grant Eligibility.--
[(1) In general.--A State becomes eligible for a
grant under this section by adopting or demonstrating
to the satisfaction of the Secretary--
[(A) for the first fiscal year for which the
State will receive a grant under this section,
at least 1 of the 6 criteria listed in
paragraph (2); and
[(B) for the second, third, fourth, fifth,
sixth, and seventh fiscal years for which the
State will receive a grant under this section,
at least 2 of the 6 criteria listed in
paragraph (2).
[(2) Criteria.--The criteria for eligibility for a
grant under this section are the following:
[(A) Motorcycle rider training courses.--An
effective motorcycle rider training course that
is offered throughout the State, provides a
formal program of instruction in accident
avoidance and other safety-oriented operational
skills to motorcyclists and that may include
innovative training opportunities to meet
unique regional needs.
[(B) Motorcyclists awareness program.--An
effective statewide program to enhance motorist
awareness of the presence of motorcyclists on
or near roadways and safe driving practices
that avoid injuries to motorcyclists.
[(C) Reduction of fatalities and crashes
involving motorcycles.--A reduction for the
preceding calendar year in the number of
motorcycle fatalities and the rate of motor
vehicle crashes involving motorcycles in the
State (expressed as a function of 10,000
motorcycle registrations).
[(D) Impaired driving program.--
Implementation of a statewide program to reduce
impaired driving, including specific measures
to reduce impaired motorcycle operation.
[(E) Reduction of fatalities and accidents
involving impaired motorcyclists.--A reduction
for the preceding calendar year in the number
of fatalities and the rate of reported crashes
involving alcohol- or drug-impaired motorcycle
operators (expressed as a function of 10,000
motorcycle registrations).
[(F) Fees collected from motorcyclists.--All
fees collected by the State from motorcyclists
for the purposes of funding motorcycle training
and safety programs will be used for motorcycle
training and safety programs.
[(e) Eligible Uses.--
[(1) In general.--A State may use funds from a grant
under this section only for motorcyclist safety
training and motorcyclist awareness programs,
including--
[(A) improvements to motorcyclist safety
training curricula;
[(B) improvements in program delivery of
motorcycle training to both urban and rural
areas, including--
[(i) procurement or repair of
practice motorcycles;
[(ii) instructional materials;
[(iii) mobile training units; and
[(iv) leasing or purchasing
facilities for closed-course motorcycle
skill training;
[(C) measures designed to increase the
recruitment or retention of motorcyclist safety
training instructors; and
[(D) public awareness, public service
announcements, and other outreach programs to
enhance driver awareness of motorcyclists, such
as the ``share-the-road'' safety messages
developed under subsection (g).
[(2) Suballocations of funds.--An agency of a State
that receives a grant under this section may
suballocate funds from the grant to a nonprofit
organization incorporated in that State to carry out
under this section.
[(f) Definitions.--In this section, the following definitions
apply:
[(1) Motorcyclist safety training.--The term
``motorcyclist safety training'' means a formal program
of instruction that is approved for use in a State by
the designated State authority having jurisdiction over
motorcyclist safety issues, which may include the State
motorcycle safety administrator or a motorcycle
advisory council appointed by the Governor of the
State.
[(2) Motorcyclist awareness.--The term ``motorcyclist
awareness'' means individual or collective awareness
of--
[(A) the presence of motorcycles on or near
roadways; and
[(B) safe driving practices that avoid injury
to motorcyclists.
[(3) Motorcyclist awareness program.--The term
``motorcyclist awareness program'' means an
informational or public awareness program designed to
enhance motorcyclist awareness that is developed by or
in coordination with the designated State authority
having jurisdiction over motorcyclist safety issues,
which may include the State motorcycle safety
administrator or a motorcycle advisory council
appointed by the Governor of the State.
[(4) State.--The term ``State'' has the same meaning
such term has in section 101(a) of title 23, United
States Code.
[(g) Share-the-Road Model Language.--Not later than 1 year
after the date of enactment of this Act, the Secretary, in
consultation with the Administrator of the National Highway
Traffic Safety Administration, shall develop and provide to the
States model language for use in traffic safety education
courses, driver's manuals, and other driver's training
materials instructing the drivers of motor vehicles on the
importance of sharing the roads safely with motorcyclists.
[SEC. 2011. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS.
[(a) General Authority.--Subject to the requirements of this
section, the Secretary shall make grants to States that are
enforcing a law requiring that any child riding in a passenger
motor vehicle in the State who is too large to be secured in a
child safety seat be secured in a child restraint that meets
the requirements prescribed by the Secretary under section 3 of
Anton's Law (49 U.S.C. 30127 note; 116 Stat. 2772).
[(b) Maintenance of Effort.--No grant may be made to a State
under this section in a fiscal year unless the State enters
into such agreements with the Secretary as the Secretary may
require to ensure that the State will maintain its aggregate
expenditures from all other sources for child safety seat and
child restraint programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of
enactment of this Act.
[(c) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants under this section
shall not exceed--
[(1) for the first 3 fiscal years for which a State
receives a grant under this section, 75 percent; and
[(2) for the fourth, fifth, sixth, and seventh fiscal
years for which a State receives a grant under this
section, 50 percent.
[(d) Use of Grant Amounts.--
[(1) Allocations.--Of the amounts received by a State
in grants under this section for a fiscal year not more
than 50 percent shall be used to fund programs for
purchasing and distributing child safety seats and
child restraints to low-income families.
[(2) Remaining amounts.--Amounts received by a State
in grants under this section, other than amounts
subject to paragraph (1), shall be used to carry out
child safety seat and child restraint programs,
including the following:
[(A) A program to support enforcement of
child restraint laws.
[(B) A program to train child passenger
safety professionals, police officers, fire and
emergency medical personnel, educators, and
parents concerning all aspects of the use of
child safety seats and child restraints.
[(C) A program to educate the public
concerning the proper use and installation of
child safety seats and child restraints.
[(e) Grant Amount.--The amount of a grant to a State for a
fiscal year under this section may not exceed 25 percent of the
amount apportioned to the State for fiscal year 2003 under
section 402 of title 23, United States Code.
[(f) Applicability of Chapter 1.--The provisions contained in
section 402(d) of such title shall apply to this section.
[(g) Report.--A State that receives a grant under this
section shall transmit to the Secretary a report documenting
the manner in which the grant amounts were obligated and
expended and identifying the specific programs carried out
using the grant funds. The report shall be in a form prescribed
by the Secretary and may be combined with other State grant
reporting requirements under of chapter 4 of title 23, United
States Code.
[(h) Definitions.--In this section, the following definitions
apply:
[(1) Child restraint.--The term ``child restraint''
means any product designed to provide restraint to a
child (including booster seats and other products used
with a lap and shoulder belt assembly) that meets
applicable Federal motor vehicle safety standards
prescribed by the National Highway Traffic Safety
Administration.
[(2) Child safety seat.--The term ``child safety
seat'' has the meaning such term has in section 405(f)
of title 23, United States Code.
[(3) Passenger motor vehicle.--The term ``passenger
motor vehicle'' has the meaning such term has in
section 405(f) of such title.
[(4) State.--The term ``State'' has the meaning such
term has in section 101(a) of such title.]
* * * * * * *
[SEC. 2013. DRUG-IMPAIRED DRIVING ENFORCEMENT.
[(a) Illicit Drug.--In this section, the term ``illicit
drug'' includes substances listed in schedules I through V of
section 112(e) of the Controlled Substances Act (21 U.S.C. 812)
not obtained by a legal and valid prescription.
[(b) Duties.--The Secretary shall--
[(1) advise and coordinate with other Federal
agencies on how to address the problem of driving under
the influence of an illegal drug; and
[(2) conduct research on the prevention, detection,
and prosecution of driving under the influence of an
illegal drug.
[(c) Report.--
[(1) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in
cooperation with the National Institutes of Health,
shall submit to Congress a report on the problem of
drug-impaired driving.
[(2) Contents.--The report shall include, at a
minimum, the following:
[(A) An assessment of methodologies and
technologies for measuring driver impairment
resulting from use of the most common illicit
drugs (including the use of such drugs in
combination with alcohol).
[(B) Effective and efficient methods for
training law enforcement personnel, including
drug recognition experts, to detect or measure
the level of impairment of a driver who is
under the influence of an illicit drug by the
use of technology or otherwise.
[(C) A description of the role of drugs as
causal factor in traffic crashes and the extent
of the problem of drug-impaired driving.
[(D) A description and assessment of current
State and Federal laws relating to drug-
impaired driving.
[(E) Recommendations for addressing the
problem of drug-impaired driving, including
recommendations on levels of impairment.
[(F) Recommendations for developing a model
statute relating to drug-impaired driving.
[(d) Model Statute.--
[(1) In general.--The Secretary shall develop a model
statute for States relating to drug-impaired driving.
[(2) Contents.--Based on recommendations and findings
contained in the report submitted under subsection (c),
the model statute may include--
[(A) threshold levels of impairment for
illicit drugs;
[(B) practicable methods for detecting the
presence of illicit drugs; and
[(C) penalties for drug impaired driving.
[(3) Date.--The model statute shall be provided to
States not later than 1 year after date of submission
of the report under subsection (c).
[(e) Research and Development.--Section 403(b) of title 23,
United States Code, is amended by adding at the end the
following:
[``(5) Technology to detect drug use and enable
States to efficiently process toxicology evidence.
[``(6) Research on the effects of illicit drugs and
the compound effects of alcohol and illicit drugs on
impairment.''.
[(f) Funding.--Out of amounts made available to carry out
section 403 of title 23, United States Code, for each of fiscal
years 2006 through 2012, the Secretary shall make available
$1,200,000 for such fiscal year to carry out this section.
[SEC. 2014. FIRST RESPONDER VEHICLE SAFETY PROGRAM.
[(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the National Highway Traffic Safety
Administration, should--
[(1) develop and implement a comprehensive program to
promote compliance with State and local laws intended
to increase the safe and efficient operation of first
responder vehicles;
[(2) compile a list of best practices by State and
local governments to promote compliance with the laws
described in paragraph (1);
[(3) analyze State and local laws intended to
increase the safe and efficient operation of first
responder vehicles; and
[(4) develop model legislation to increase the safe
and efficient operation of first responder vehicles.
[(b) Partnerships.--The Secretary may enter into partnerships
with qualified organizations to carry out this section.
[(c) Public Outreach.--The Secretary shall use a variety of
public outreach strategies to carry out this section, including
public service announcements, publication of informational
materials, and posting information on the Internet.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section for fiscal year 2006.]
* * * * * * *
[SEC. 2016. RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION PILOT
PROGRAM.
[(a) In General.--From funds made available to carry out
section 403 of title 23, United States Code, for fiscal year
2006, the Secretary shall make $1,000,000 available to conduct
a pilot program for optimizing emergency medical services in a
rural State.
[(b) Collecting Data.--The pilot program shall focus on
collecting geo-coded data for highway accidents and resulting
injuries, analyzing data to develop injury patterns and
distributions, and improving placement and management of
emergency medical services resources and personnel.
[(c) Selection.--The Secretary shall enter into an agreement
with the State of Alaska to conduct the pilot program.
[(d) Report.--Not later than 12 months after the completion
of the pilot program, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
pilot program and recommendations for application to other
rural States.
[SEC. 2017. OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING.
[(a) Improving Older Driver Safety.--
[(1) In general.--Of the funds made available to
carry out section 403 of title 23, United States Code,
the Secretary shall allocate $1,700,000 for each of
fiscal years 2006 through 2012 to conduct a
comprehensive research and demonstration program to
improve traffic safety pertaining to older drivers.
[(2) Elements of program.--The program shall--
[(A) provide information and guidelines to
assist older drivers, physicians, and other
related medical personnel, families, licensing
agencies, enforcement officers, and various
public and transit agencies in enhancing the
safety of older drivers;
[(B) improve the scientific basis of medical
standards and screenings strategies used in the
licensing of all drivers in a non-
discriminatory manner;
[(C) conduct field tests to assess the safety
benefits and mobility impacts of different
driver licensing strategies and driver
assessment and rehabilitation methods;
[(D) assess the value and improve the safety
potential of driver retraining courses of
particular benefit to older drivers; and
[(E) conduct other activities to accomplish
the objectives of this section.
[(3) Formulation of plan.--After consultation with
affected parties, the Secretary shall formulate an
older driver traffic safety plan to guide the design
and implementation of the program.
[(4) Submision of plan to congress.--Not later than 1
year after the date of enactment of this Act, the
Secretary shall submit the plan to the Committee on
Transportation and Infrastructure House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
[(b) Law Enforcement Training.--
[(1) Requirement for program.--The Secretary shall
carry out a program to provide guidance and support to
law enforcement agencies in police chase techniques
that are consistent with the police chase guidelines
issued by the International Association of Chiefs of
Police.
[(2) Amount for program.--Of the funds made available
to carry out section 403 of title 23, United States
Code, the Secretary shall allocate $500,000 in each of
fiscal years 2006 through 2012 to carry out this
subsection.]
* * * * * * *
TITLE III--PUBLIC TRANSPORTATION
* * * * * * *
SEC. 3009. URBANIZED AREA FORMULA GRANTS.
(a) * * *
* * * * * * *
[(i) Contracted Paratransit Pilot.--
[(1) In general.--Notwithstanding section
5302(a)(1)(I) of title 49, United States Code, for
fiscal years 2005 through 2012, a recipient of
assistance under section 5307 of such title in
urbanized areas with a population of 558,329 or 747,003
according to the 2000 decennial census of population
may use not more than 20 percent of such recipient's
annual formula apportionment under section 5307 of such
title for the provision of nonfixed route paratransit
services in accordance with section 223 of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12143), but only if the grant recipient is in
compliance with applicable requirements of that Act,
including both fixed route and demand responsive
service and the service is acquired by contract.
[(2) Report.--Not later than January 1, 2009, the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report on the
implementation of this subsection and any
recommendations of the Secretary regarding the
application of this subsection.]
* * * * * * *
SEC. 3012. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND
INDIVIDUALS WITH DISABILITIES.
(a) * * *
[(b) Elderly Individuals and Individuals With Disabilities
Pilot Program.--
[(1) In general.--In fiscal year 2006, the Secretary
shall establish a pilot program that will allow
Wisconsin, Alaska, Minnesota, Oregon, and 3 other
States selected by the Secretary to use not more than
33 percent of the funds apportioned to each State to
carry out section 5310 of title 49, United States Code,
for operating costs associated with public
transportation projects planned, designed, and carried
out to meet the special needs of elderly individuals
and individuals with disabilities under such section.
The Secretary may base the selection of participating
States on a State's exemplary coordination of public
transit-human services transportation. The Secretary
may require participants to collect data necessary to
support the report to Congress required by paragraph
(7).
[(2) Planning coordination.--Recipients of funds made
available consistent with this subsection shall certify
that--
[(A) the projects selected were derived from
a locally developed, coordinated public
transit-human services transportation plan; and
[(B) the plan was developed through a process
that included representatives of public,
private, and nonprofit transportation and human
services providers and participation by the
public.
[(3) Government's share of costs.--Operating
assistance under this subsection may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary. The credit for any non-
Federal share provided under this subsection shall not
reduce nor replace State funds required to match
Federal funds for formula grants for the special needs
of elderly individuals and individuals with
disabilities program authorized under section 5310 of
title 49, United States Code.
[(4) Remainder.--The remainder of the net project
costs--
[(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
[(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
[(5) Use of certain funds.--For purposes of paragraph
(4)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
[(6) Eligible activities.--Projects eligible under
the pilot program may include the collection of data
necessary to support the report to Congress required by
paragraph (7).
[(7) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a
report on the pilot program, which may include--
[(A) the extent to which funds were used to
subsidize existing paratransit service provided
in compliance with the Americans with
Disabilities Act of 1990;
[(B) whether States participating in the
pilot program use the funds to provide services
to persons with disabilities that exceed those
services required by the Americans with
Disabilities Act of 1990 differently than
States not in the pilot program;
[(C) whether States participating in this
pilot program use the funds to provide services
to individuals with disabilities that exceed
those services required by the Americans with
Disabilities Act of 1990 to the detriment of
other eligible projects;
[(D) the percentage of funds used to assist
elderly individuals;
[(E) the percentage of funds used to assist
individuals with disabilities;
[(F) the extent to which States participating
in this pilot program serve a wider range of
elderly, low income, and persons with
disabilities populations;
[(G) whether the pilot program improves
services to elderly individuals and individuals
with disabilities;
[(H) the extent to which States participating
in the pilot program were able to expand the
range of transportation alternatives available
to elderly individuals and individuals with
disabilities; and
[(I) whether the pilot program facilitates or
discourages coordination with or integration of
other funding sources.
[(8) Sunset.--This subsection shall cease to be
effective on September 30, 2012.]
* * * * * * *
[SEC. 3045. NATIONAL FUEL CELL BUS TECHNOLOGY DEVELOPMENT PROGRAM.
[(a) Establishment.--The Secretary shall establish a national
fuel cell bus technology development program (in this section
referred to as the ``program'') to facilitate the development
of commercially viable fuel cell bus technology and related
infrastructure.
[(b) General Authority.--The Secretary may enter into grants,
contracts, and cooperative agreements with no more than 3
geographically diverse nonprofit organizations and recipients
under chapter 53 of title 49, United States Code, to conduct
fuel cell bus technology and infrastructure projects under the
program.
[(c) Grant Criteria.--In selecting applicants for grants
under the program, the Secretary shall consider the
applicant's--
[(1) ability to contribute significantly to
furthering fuel cell technology as it relates to
transit bus operations, including hydrogen production,
energy storage, fuel cell technologies, vehicle systems
integration, and power electronics technologies;
[(2) financing plan and cost share potential;
[(3) fuel cell technology to ensure that the program
advances different fuel cell technologies, including
hydrogen-fueled and methanol-powered liquid-fueled fuel
cell technologies, that may be viable for public
transportation systems; and
[(4) other criteria that the Secretary determines are
necessary to carry out the program.
[(d) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under the program. Grant recipients shall be selected on a
competitive basis. The Secretary shall give priority
consideration to applicants that have successfully managed
advanced transportation technology projects, including projects
related to hydrogen and fuel cell public transportation
operations for a period of not less than 5 years.
[(e) Federal Share.--The Federal share of costs of the
program shall be provided from funds made available to carry
out this section. The Federal share of the cost of a project
carried out under the program shall not exceed 50 percent of
such cost.
[(f) Grant Requirements.--A grant under this section shall be
subject to--
[(1) all terms and conditions applicable to a grant
made under section 5309 of title 49, United States
Code; and
[(2) such other terms and conditions as are
determined by the Secretary.
[SEC. 3046. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.
[(a) In General.--Amounts appropriated pursuant to section
5338(d) of title 49, United States Code, for national research
and technology programs under sections 5312, 5314, and 5322 of
such title shall be allocated by the Secretary as follows:
[(1) Public transportation national security study.--
[(A) In general.--Not later than 6 months
after the date of enactment of this Act, the
Secretary shall enter into an agreement with
the National Academy of Sciences to conduct a
study and evaluation of the value major public
transportation systems in the United States
serving the 38 urbanized areas that have a
population of more than 1,000,000 individuals
provide to the Nation's security and the
ability of such systems to accommodate the
evacuation, egress or ingress of people to or
from critical locations in times of emergency.
[(B) Alternative routes.--For each system
described in subparagraph (A) the study shall
identify--
[(i) potential alternative routes for
evacuation using other transportation
modes such as highway, air, marine, and
pedestrian activities; and
[(ii) transit routes that, if
disrupted, do not have sufficient
transit alternatives available.
[(C) Report.--Not later than 24 months after
the date of entry into the agreement, the
Academy shall submit to the Secretary and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Banking, Housing and Urban Affairs
of the Senate a final report on the results of
the study and evaluation, together with such
recommendations as the Academy considers
appropriate.
[(D) Funding.--For each of fiscal year 2006
and 2007 $250,000 shall be available to carry
out this paragraph.
[(2) Center for transit-oriented development.--For
each of fiscal years 2006 through 2009, not less than
$1,000,000 shall be made available by the Secretary for
establishment and operation of the Center for Transit-
Oriented Development--
[(A) to develop standards and definitions for
transit-oriented development adjacent to public
transportation facilities;
[(B) to develop system planning guidance,
performance criteria, and modeling techniques
for metropolitan planning agencies and public
transportation agencies to maximize ridership
through land use planning and adjacent
development; and
[(C) to provide research support and
technical assistance to public transportation
agencies, metropolitan planning agencies, and
other persons regarding transit-oriented
development.
[(3) Transportation equity research program.--For
each of fiscal years 2006 through 2009, not less than
$1,000,000 shall be made available by the Secretary for
research and demonstration activities that focus on the
impacts that transportation planning, investment, and
operations have on low-income and minority populations
that are transit dependent. Such activities shall
include the development of strategies to advance
economic and community development in low-income and
minority communities and the development of training
programs that promote the employment of low-income and
minority community residents on Federal-aid
transportation projects constructed in their
communities.
[(4) Cognitive impairment study.--For fiscal year
2006, $1,000,000 shall be made available by the
Secretary for research and demonstration activities
that focus on the capacity and resources of Oregon
public transportation systems to address the needs,
barriers, and desires for travel of people with
cognitive impairments.
[(5) Transit career ladder training program.--For
each of fiscal years 2006 through 2009, not less than
$1,000,000 shall be available for a nationwide career
ladder job training partnership program for public
transportation employees to respond to technological
changes in the public transportation industry,
especially in the area of maintenance. Such program
shall be carried out by the Secretary through a
contract with a national nonprofit organization with a
demonstrated capacity to develop and provide such
programs.
[(6) Pilot program for remote infrared audible
signs.--
[(A) In general.--For each of fiscal years
2006 through 2009, not less than $500,000 shall
be made available by the Secretary to carry out
a pilot program to determine the benefits of
remote infrared audible signage technology for
provision of wayfinding and information to
people who are visually, cognitively, or
learning disabled.
[(B) Report.--
[(i) In general.--Not later than
September 30, 2009, the Secretary shall
transmit to the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Banking, Housing, and
Urban Affairs of the Senate a report on
the pilot program carried out under
this section.
[(ii) Contents.--The report--
[(I) shall include--
[(aa) an evaluation
of the effect of the
pilot program on
multimodal
accessibility in public
transportation;
[(bb) an evaluation
of the effect of the
program on operators of
public transportation
and their passengers;
[(cc) an evaluation
of the effect of making
public transportation
accessible to people
with visual, cognitive,
and learning
disabilities on
ridership of public
transportation and use
of paratransit; and
[(dd) an evaluation
of the effect of the
program on the
education, community
integration, work life,
and general quality of
life of the targeted
populations.
[(7) Hydrogen fuel cell shuttle deployment
demonstration project.--To demonstrate the utility of
hydrogen fueled vehicles in daily shuttle service,
$800,000 in each of fiscal years 2006 and 2007 shall be
provided for hydrogen fueled employee shuttle vans,
related equipment, operations, public education and
outreach to the DaVinci Center in Allentown,
Pennsylvania.
[(8) Wisconsin supplemental transportation rural
assistance program (strap).--
[(A) In general.--For capital projects,
operations, purchase or lease of vehicles, and
integration, planning and coordination of
public transportation services in the State of
Wisconsin that will supplement and expand
existing rural and special public
transportation services in that State,
$2,000,000 in each of fiscal years 2006, 2007,
2008, and 2009 shall be provided to the State
of Wisconsin Department of Transportation.
[(B) Purpose.--Funds received under this
program may be used to supplement public
transportation programs for rural populations
for activities authorized under sections 5310,
5311, and 5316 of title 49, United States Code.
Funds made available under this program are
subject to the requirements of section 5311 of
title 49, United States Code, except that funds
may be made available for up to 80 percent of
net operating costs. In awarding grants made
available under this program, the State shall
consider--
[(i) rural population in the area to
be served by the applicant;
[(ii) extent to which the applicant
demonstrates coordination of existing
transportation services or proposed
public transportation services;
[(iii) need for additional services
in the area being serviced by the
applicant and the extent to which the
proposed services will address those
needs and provide accessibility for
non-ambulatory recipients;
[(iv) extent to which the applicant
demonstrates an innovative approach
that is responsive to the identified
service needs of the rural population;
and
[(v) extent to which the applicant
demonstrates that the communities being
served have been consulted in the
planning process.
[(9) Human services transportation coordination.--
[(A) In general.--For the management of a
program to improve and enhance the coordination
of Federal resources for human services
transportation with those of the Department of
Transportation, $1,600,000 in each of fiscal
years 2006, 2007, 2008, and 2009 shall be
provided to a national non-profit organization
that is competitively selected by the
Secretary. Such organization shall have
demonstrated expertise in issues of
transportation coordination and in providing
technical assistance to local transportation
organizations.
[(B) Eligible activities.--Under this
program, the organization selected by the
Secretary shall--
[(i) establish an advisory panel
consisting of Federal, State, and local
officials and organizations;
[(ii) prepare an inventory of human
service transportation agencies
operating in the United States;
[(iii) prepare an inventory of
Federal transportation spending;
[(iv) develop a program of technical
assistance and training for human
services transportation organizations
that shall include on-site technical
assistance, a resource clearinghouse,
and preparation of technical manuals;
[(v) prepare an annual report for the
Secretary on activities under this
program and make recommendations for
improving coordination.
[(10) Portland, oregon streetcar prototype purchase
and deployment.--Not less than $1,000,000 shall be made
available in each of fiscal years 2006, 2007, 2008, and
2009 by the Secretary to TriMet for the purchase and
deployment of a domestically manufactured streetcar.
[(11) Public transportation participation pilot
program.--
[(A) In general.--Of the funds allocated
under this section for each of fiscal years
2006 through 2009, $1,000,000 for each fiscal
year shall be made available by the Secretary
to establish a pilot program to support
planning and public participation activities
related to public transportation projects.
[(B) Eligible activities.--Activities
eligible to be carried out under the pilot
program may include the following:
[(i) Improving data collection
analysis and transportation access for
all users of the public transportation
systems.
[(ii) Supporting public participation
through the project development phases.
[(iii) Using innovative techniques to
improve the coordination of
transportation alternatives.
[(iv) Enhancing the coordination of
public transportation benefits and
services.
[(v) Contracting with stakeholders to
focus on the delivery of transportation
plans and programs.
[(vi) Measuring and reporting on the
annual performance of the
transportation systems.
[(12) Transportation hybrid electric vehicle and fuel
cell research.--$500,000 in each of fiscal years 2006
through 2009 for a transportation hybrid electric
vehicle and fuel cell research program at the
University of Alabama.
[(13) Trauma care system research and development.--
$500,000 in each of fiscal years 2006 through 2009 for
trauma care system research and development at the
University of Alabama in Birmingham.
[(14) Transportation infrastructure and logistics
research.--$500,000 in each of fiscal years 2006
through 2009 for transportation infrastructure and
logistics research at the University of Alabama in
Huntsville.
[(15) National bus rapid transit institute.--
$1,750,000 in each of fiscal years 2006 though 2009 for
the National Bus Rapid Transit Institute at the
University of South Florida.
[(16) Application of information technology to
transportation logistics and security.--$400,000 in
each of fiscal years 2006 through 2009 for research on
the application of information technology to
transportation logistics and security at the Northern
Kentucky University.
[(17) Intelligent transportation system pilot
project.--$465,000 in each of fiscal years 2006 through
2009 for an intelligent transportation system pilot
project with the National Consortium on Remote Sensing
in Transportation Flows at the Ohio State University.
[(18) Regional public safety training center.--
$500,000 in each of fiscal years 2006 through 2009 for
a regional public safety training center at the Lehigh-
Carbon Community College.
[(19) Transit security training facility.--$750,000
in each of fiscal years 2006 though 2009 for a transit
security training facility in Chester County,
Pennsylvania.
[(20) Small urban and rural transit center.--$800,000
in fiscal year 2006, $800,000 in fiscal year 2007,
$1,200,000 in fiscal year 2008, and $1,200,000 in
fiscal year 2009 for the Small Urban and Rural Transit
Center at North Dakota State University.
[(21) Advanced technology bus rapid transit
project.--$500,000 in fiscal year 2006, $540,000 in
fiscal year 2007, $550,000 in fiscal year 2008, and
$625,000 in fiscal year 2009 for the Southeastern
Connecticut Advanced Technology Bus Rapid Transit
Project.
[(22) Greater new haven transit district fuel cell-
powered bus research.--$500,000 in fiscal year 2006,
$540,000 in fiscal year 2007, $550,000 in fiscal year
2008, and $625,000 in fiscal year 2009 for the Greater
New Haven Transit District Fuel Cell-Powered Bus
Research.
[(23) Center for advanced transportation
initiatives.--$500,000 in fiscal year 2006, $540,000 in
fiscal year 2007, $540,000 in fiscal year 2008, and
$625,000 in fiscal year 2009 for the Rutgers Center for
Advanced Transportation Initiatives (CAIT).
[(24) Institute of technology's transportation,
economic, and land use system.--$500,000 in fiscal year
2006, $540,000 in fiscal year 2007, $540,000 in fiscal
year 2008, and $625,000 in fiscal year 2009 for the New
Jersey Institute of Technology's Transportation,
Economic, and Land Use System program (TELUS).
[(25) Regional transit training consortium pilot
program.--$270,000 in fiscal year 2006, $380,000 in
fiscal year 2007, $380,000 in fiscal year 2008, and
$450,000 in fiscal year 2009 for the Southern
California Regional Transit Training Consortium Pilot
Program.
[(b) Remainder.--After making allocations under subsection
(a), the remainder of funds made available by section 5338(d)
of title 49, United States Code, for national research and
technology programs under sections 5312, 5314, and 5322 for a
fiscal year shall be allocated at the discretion of the
Secretary to other transit research, development, demonstration
and deployment projects authorized by sections 5312, 5314, and
5322 of such title.
[(c) Additional Appropriations.--The Secretary shall allocate
amounts appropriated pursuant to section 5338(d) of title 49,
United States Code, for national research and technology
programs under sections 5312, 5314, and 5322 of such title--
[(1) for each of fiscal years 2010 and 2011, in
amounts equal to the amounts allocated for fiscal year
2009 under each of paragraphs (2), (3), (5), (6), and
(8) through (25) of subsection (a); and
[(2) for fiscal year 2012, in amounts equal to 63
percent of the amounts allocated for fiscal year 2009
under each of paragraphs (2), (3), (5), and (8) through
(25) of subsection (a).
[(d) Funding.--If the Secretary determines that a project or
activity described in subsection (a) received sufficient funds
in fiscal year 2011, or a previous fiscal year, to carry out
the purpose for which the project or activity was authorized,
the Secretary may not allocate any amounts under subsection (c)
for the project or activity for fiscal year 2012, or any
subsequent fiscal year.]
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle A--Commercial Motor Vehicle Safety
* * * * * * *
SEC. 4123. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM
MODERNIZATION.
(a) * * *
* * * * * * *
[(c) Grants.--
[(1) In general.--The Secretary may make a grant to a
State or organization representing agencies and
officials of a State in a fiscal year to modernize the
commercial driver's license information system of the
State to be compatible with the modernized commercial
driver's license information system under section 31309
of title 49, United States Code, if the State is in
substantial compliance with the requirements of section
31311 of such title and this section, as determined by
the Secretary.
[(2) Criteria.--The Secretary shall establish
criteria for the distribution of grants and notify each
State annually of such criteria.
[(3) Use of grant.--A State may use a grant under
this subsection only to implement improvements that are
consistent with the modernization plan developed by the
Secretary.
[(4) Government share.--A grant under this subsection
to a State or organization may not be for more than 80
percent of the costs incurred by the State or
organization in a fiscal year in modernizing the
commercial driver's license information system of the
State to be compatible with the modernized commercial
driver's license information system under section 31309
of title 49, United States Code. In determining these
costs, the Secretary shall include in-kind
contributions of the State.
[(d) Funding.--There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section--
[(1) $5,000,000 for fiscal year 2006;
[(2) $7,000,000 for fiscal year 2007;
[(3) $8,000,000 for fiscal year 2008;
[(4) $8,000,000 for fiscal year 2009;
[(5) $8,000,000 for fiscal year 2010; and
[(6) $8,000,000 for fiscal year 2011.
[(e) Contract Authority and Availability.--
[(1) Period of availability.--The amounts made
available under subsection (d) shall remain available
until expended.
[(2) Initial date of availability.--Amounts
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) by
subsection (d) shall be available for obligation on the
date of their apportionment or allocation or on October
1 of the fiscal year for which they are authorized,
whichever occurs first.
[(3) Contract authority.--Approval by the Secretary
of a grant with funds made available under subsection
(d) imposes upon the United States a contractual
obligation for payment of the Government's share of
costs incurred in carrying out the objectives of the
grant.]
* * * * * * *
SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS
DEPLOYMENT.
(a) In General.--The Secretary shall carry out a commercial
vehicle information systems and networks program to--
(1) improve the safety and productivity of commercial
vehicles and drivers; [and]
(2) reduce costs associated with commercial vehicle
operations [and Federal and State commercial vehicle
regulatory requirements.];
(3) facilitate compliance with Federal and State
commercial motor vehicle regulatory requirements; and
(4) provide assistance for State participation in the
performance and registration information systems
management program under section 31109.
* * * * * * *
(c) Core Deployment Grants.--
(1) * * *
[(2) Amount of grants.--The maximum aggregate amount
the Secretary may grant to a State for the core
deployment of commercial vehicle information systems
and networks under this subsection and sections
5001(a)(5) and 5001(a)(6) of the Transportation Equity
Act for the 21st Century (112 Stat. 420) may not exceed
$2,500,000.]
[(3)] (2) Use of funds.--Funds from a grant under
this subsection may only be used for the core
deployment of commercial vehicle information systems
and networks. An eligible State that has either
completed the core deployment of commercial vehicle
information systems and networks or completed such
deployment before grant funds are expended under this
subsection may use the grant funds for the expanded
deployment of commercial vehicle information systems
and networks in the State.
(d) Expanded Deployment Grants.--
(1) * * *
* * * * * * *
[(3) Amount of grants.--Each fiscal year, the
Secretary may distribute funds available for expanded
deployment grants equally among the eligible States,
but not to exceed $1,000,000 per State.]
[(4)] (3) Use of funds.--A State may use funds from a
grant under this subsection only for the expanded
deployment of commercial vehicle information systems
and networks.
(e) Eligibility.--To be eligible for a grant under this
section, a State--
(1) * * *
(2) shall certify to the Secretary that its
commercial vehicle information systems and networks
deployment activities, including hardware procurement,
software and system development, and infrastructure
modifications--
(A) * * *
(B) promote interoperability and efficiency
in interstate commerce to the extent
practicable; [and]
(3) shall agree to execute interoperability tests
developed by the Federal Motor Carrier Safety
Administration to verify that its systems conform with
the national intelligent transportation systems
architecture, applicable standards, and protocols for
commercial vehicle information systems and networks[.];
and
(4) shall be participating not later than September
30, 2015, in the performance and registration
information systems management program under section
31109 of title 49, United States Code.
(f) Federal Share.--[The Federal]
(1) In general.--The Federal share of the cost of a
project payable from funds made available to carry out
this section shall not exceed 50 percent. The total
Federal share of the cost of a project payable from all
eligible Federal sources shall not exceed 80 percent.
(2) Performance and registration information systems
management program.--Notwithstanding any other
provision of this subsection, the Federal share of the
cost of a project relating to participation in the
performance and registration information systems
management program under section 31109 of title 49,
United States Code, shall be 100 percent for fiscal
years 2013 through 2016.
* * * * * * *
[SEC. 4127. OUTREACH AND EDUCATION.
[(a) In General.--The Secretary shall conduct, through any
combination of grants, contracts, or cooperative agreements, an
outreach and education program to be administered by the
Federal Motor Carrier Safety Administration and the National
Highway Traffic Safety Administration.
[(b) Program Elements.--The program shall include, at a
minimum, the following:
[(1) A program to promote a more comprehensive and
national effort to educate commercial motor vehicle
drivers and passenger vehicle drivers about how
commercial motor vehicle drivers and passenger vehicle
drivers can more safely share the road with each other.
[(2) A program to promote enhanced traffic
enforcement efforts aimed at reducing the incidence of
the most common unsafe driving behaviors that cause or
contribute to crashes involving commercial motor
vehicles and passenger vehicles.
[(3) A program to establish a public-private
partnership to provide resources and expertise for the
development and dissemination of information relating
to sharing the road referred to in paragraphs (1) and
(2) to each partner's constituents and to the general
public through the use of brochures, videos, paid and
public advertisements, the Internet, and other media.
[(c) Federal Share.--The Federal share of a program or
activity for which a grant is made under this section shall be
100 percent of the cost of such program or activity.
[(d) Annual Report.--The Secretary shall prepare and transmit
to Congress an annual report on the programs and activities
carried out under this section. The final annual report shall
be submitted not later than September 30, 2009.
[(e) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 to the Federal Motor Carrier Safety
Administration, and $3,000,000 to the National Highway Traffic
Safety Administration, for each of fiscal years 2006, 2007,
2008, 2009, 2010, 2011, and 2012 to carry out this section
(other than subsection (f)).
[(f) Study.--The Comptroller General shall update the
Government Accountability Office's evaluation of the ``Share
the Road Safely'' program to determine if it has achieved
reductions in the number and severity of commercial motor
vehicle crashes, including reductions in the number of deaths
and the severity of injuries sustained in these crashes and
shall report its updated evaluation to Congress no later than
June 30, 2006.
[SEC. 4128. SAFETY DATA IMPROVEMENT PROGRAM.
[(a) In General.--The Secretary shall make grants to States
for projects and activities to improve the accuracy,
timeliness, and completeness of commercial motor vehicle safety
data reported to the Secretary.
[(b) Eligibility.--A State shall be eligible for a grant
under this section in a fiscal year if the Secretary determines
that the State has--
[(1) conducted a comprehensive audit of its
commercial motor vehicle safety data system within the
preceding 2 years;
[(2) developed a plan that identifies and prioritizes
its commercial motor vehicle safety data needs and
goals; and
[(3) identified performance-based measures to
determine progress toward those goals.
[(c) Federal Share.--The Federal share of a grant under this
section shall be 80 percent of the cost of the activities for
which the grant is made.
[(d) Biennial Report.--Not later than 2 years after the date
of enactment of this Act, and biennially thereafter, the
Secretary shall transmit to Congress a report on the activities
and results of the program carried out under this section,
together with any recommendations the Secretary determines
appropriate.]
* * * * * * *
[SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.
[(a) Establishment.--The Secretary shall establish a grant
program for persons to train operators of commercial motor
vehicles (as defined in section 31301 of title 49, United
States Code). The purpose of the program shall be to train
operators and future operators in the safe use of such
vehicles.
[(b) Federal Share.--The Federal share of the cost for which
a grant is made under this section shall be 80 percent.
[(c) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 for each of fiscal years 2005 through
2012 to carry out this section.]
* * * * * * *
SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
(a) * * *
* * * * * * *
(d) Termination Date.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.), the advisory committee [shall
terminate on September 30, 2012.] shall terminate on September
30, 2017.
* * * * * * *
TITLE V--RESEARCH
* * * * * * *
Subtitle C--Intelligent Transportation System Research
* * * * * * *
[SEC. 5303. GOALS AND PURPOSES.
[(a) Goals.--The goals of the intelligent transportation
system program include--
[(1) enhancement of surface transportation efficiency
and facilitation of intermodalism and international
trade to enable existing facilities to meet a
significant portion of future transportation needs,
including public access to employment, goods, and
services and to reduce regulatory, financial, and other
transaction costs to public agencies and system users;
[(2) achievement of national transportation safety
goals, including the enhancement of safe operation of
motor vehicles and nonmotorized vehicles and improved
emergency response to a crash, with particular emphasis
on decreasing the number and severity of collisions;
[(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
State and local governments to achieve national
environmental goals;
[(4) accommodation of the needs of all users of
surface transportation systems, including operators of
commercial motor vehicles, passenger motor vehicles,
motorcycles, bicycles and pedestrians, including
individuals with disabilities; and
[(5) improvement of the Nation's ability to respond
to security-related or other manmade emergencies and
natural disasters and enhancement of national defense
mobility.
[(b) Purposes.--The Secretary shall implement activities
under the intelligent system transportation program to, at a
minimum--
[(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent
transportation systems for consumers of passenger and
freight transportation;
[(2) ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for consideration in
the transportation planning process;
[(3) improve regional cooperation and operations
planning for effective intelligent transportation
system deployment;
[(4) promote the innovative use of private resources;
[(5) facilitate, in cooperation with the motor
vehicle industry, the introduction of vehicle-based
safety enhancing systems;
[(6) support the application of intelligent
transportation systems that increase the safety and
efficiency of commercial motor vehicle operations;
[(7) develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems; and
[(8) provide continuing support for operations and
maintenance of intelligent transportation systems.
[SEC. 5304. INFRASTRUCTURE DEVELOPMENT.
[Funds made available to carry out this subtitle for
operational tests--
[(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
[(2) to the maximum extent practicable, shall not be
used for the construction of physical highway and
public transportation infrastructure unless the
construction is incidental and critically necessary to
the implementation of an intelligent transportation
system project.
[SEC. 5305. GENERAL AUTHORITIES AND REQUIREMENTS.
[(a) Scope.--Subject to the provisions of this subtitle, the
Secretary shall conduct an ongoing intelligent transportation
system program to research, develop, and operationally test
intelligent transportation systems and to provide technical
assistance in the nationwide application of those systems as a
component of the surface transportation systems of the United
States.
[(b) Policy.--Intelligent transportation system research
projects and operational tests funded pursuant to this subtitle
shall encourage and not displace public-private partnerships or
private sector investment in such tests and projects.
[(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, the private sector
firms of the United States, the Federal laboratories, and
colleges and universities, including historically Black
colleges and universities and other minority institutions of
higher education.
[(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system program, the Secretary
shall consult with the heads of other Federal departments and
agencies, as appropriate.
[(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
[(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
systems management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
[(g) Information Clearinghouse.--
[(1) In general.--The Secretary shall--
[(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under this
subtitle (including the amendments made by this
subtitle); and
[(B) make, on request, that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
[(2) Agreement.--
[(A) In general.--The Secretary may enter
into an agreement with a third party for the
maintenance of the repository for technical and
safety data under paragraph (1)(A).
[(B) Federal financial assistance.--If the
Secretary enters into an agreement with an
entity for the maintenance of the repository,
the entity shall be eligible for Federal
financial assistance under this section.
[(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555
of title 5, United States Code.
[(h) Advisory Committee.--
[(1) In general.--The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying
out this subtitle.
[(2) Membership.--The Advisory Committee shall have
no more than 20 members, be balanced between
metropolitan and rural interests, and include, at a
minimum--
[(A) a representative from a State highway
department;
[(B) a representative from a local highway
department who is not from a metropolitan
planning organization;
[(C) a representative from a State, local, or
regional transit agency;
[(D) a representative from a metropolitan
planning organization;
[(E) a private sector user of intelligent
transportation system technologies;
[(F) an academic researcher with expertise in
computer science or another information science
field related to intelligent transportation
systems, and who is not an expert on
transportation issues;
[(G) an academic researcher who is a civil
engineer;
[(H) an academic researcher who is a social
scientist with expertise in transportation
issues;
[(I) a representative from a nonprofit group
representing the intelligent transportation
system industry;
[(J) a representative from a public interest
group concerned with safety;
[(K) a representative from a public interest
group concerned with the impact of the
transportation system on land use and
residential patterns; and
[(L) members with expertise in planning,
safety, and operations.
[(3) Duties.--The Advisory Committee shall, at a
minimum, perform the following duties:
[(A) Provide input into the development of
the Intelligent Transportation System aspects
of the strategic plan under section 508 of
title 23, United States Code.
[(B) Review, at least annually, areas of
intelligent transportation systems research
being considered for funding by the Department,
to determine--
[(i) whether these activities are
likely to advance either the state-of-
the-practice or state-of-the-art in
intelligent transportation systems;
[(ii) whether the intelligent
transportation system technologies are
likely to be deployed by users, and if
not, to determine the barriers to
deployment; and
[(iii) the appropriate roles for
government and the private sector in
investing in the research and
technologies being considered.
[(4) Report.--Not later than February 1 of each year
after the date of enactment of this Act, the Secretary
shall transmit to the Congress a report including--
[(A) all recommendations made by the Advisory
Committee during the preceding calendar year;
[(B) an explanation of how the Secretary has
implemented those recommendations; and
[(C) for recommendations not implemented, the
reasons for rejecting the recommendations.
[(5) Applicability of federal advisory committee
act.--The Advisory Committee shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
[(i) Reporting.--
[(1) Guidelines and requirements.--
[(A) In general.--The Secretary shall issue
guidelines and requirements for the reporting
and evaluation of operational tests and
deployment projects carried out under this
subtitle.
[(B) Objectivity and independence.--The
guidelines and requirements issued under
subparagraph (A) shall include provisions to
ensure the objectivity and independence of the
reporting entity so as to avoid any real or
apparent conflict of interest or potential
influence on the outcome by parties to any such
test or deployment project or by any other
formal evaluation carried out under this
subtitle.
[(C) Funding.--The guidelines and
requirements issued under subparagraph (A)
shall establish reporting funding levels based
on the size and scope of each test or project
that ensure adequate reporting of the results
of the test or project.
[(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to
carry out the reporting of any test, deployment
project, or program assessment activity under this
subtitle shall not be subject to chapter 35 of title
44, United States Code.
[SEC. 5306. RESEARCH AND DEVELOPMENT.
[(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development, and operational tests of intelligent
vehicles and intelligent infrastructure systems and other
similar activities that are necessary to carry out this
subtitle.
[(b) Priority Areas.--Under the program, the Secretary shall
give higher priority to funding projects that--
[(1) enhance mobility and productivity through
improved traffic management, incident management,
transit management, freight management, road weather
management, toll collection, traveler information, or
highway operations systems and remote sensing products;
[(2) utilize interdisciplinary approaches to develop
traffic management strategies and tools to address
multiple impacts of congestion concurrently;
[(3) address traffic management, incident management,
transit management, toll collection traveler
information, or highway operations systems with goals
of--
[(A) reducing metropolitan congestion by not
less than 5 percent by 2010;
[(B) ensuring that a national, interoperable
5-1-1 system, along with a national traffic
information system that includes a user-
friendly, comprehensive website, is fully
implemented for use by travelers throughout the
United States by September 30, 2010; and
[(C)(i) improving incident management
response, particularly in rural areas, so that
rural emergency response times are reduced by
an average of 10 minutes; and
[(ii) improving communication between
emergency care providers and trauma centers;
[(4) incorporate research on the impact of
environmental, weather, and natural conditions on
intelligent transportation systems, including the
effects of cold climates;
[(5) enhance intermodal use of intelligent
transportation systems for diverse groups, including
for emergency and health-related services;
[(6) enhance safety through improved crash avoidance
and protection, crash and other notification,
commercial motor vehicle operations, and
infrastructure-based or cooperative safety systems; and
[(7) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies.
[(c) Federal Share.--The Federal share of the cost of
operational tests and demonstrations under subsection (a) shall
not exceed 80.
[SEC. 5307. NATIONAL ARCHITECTURE AND STANDARDS.
[(a) In General.--
[(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783), the Secretary shall
develop, implement, and maintain a national
architecture and supporting standards and protocols to
promote the widespread use and evaluation of
intelligent transportation system technology as a
component of the surface transportation systems of the
United States.
[(2) Interoperability and efficiency.--To the maximum
extent practicable, the national architecture shall
promote interoperability among, and efficiency of,
intelligent transportation system technologies
implemented throughout the United States.
[(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall use the
services of such standards development organizations as
the Secretary determines to be appropriate.
[(4) Use of expert panel.--
[(A) Designation.--The Secretary shall
designate a panel of experts to recommend ways
to expedite and streamline the process for
developing the standards and protocols to be
developed pursuant to paragraph (1).
[(B) Nonapplicability of advisory committee
act.--The expert panel shall not be subject to
the Federal Advisory Committee Act (5 U.S.C.
App.).
[(C) Deadline for recommendation.--Not later
than September 30, 2007, the expert panel shall
provide the Secretary with a recommendation
relating to such standards development.
[(b) Provisional Standards.--
[(1) In general.--If the Secretary finds that the
development or balloting of an intelligent
transportation system standard jeopardizes the timely
achievement of the objectives identified in subsection
(a), the Secretary may establish a provisional
standard, after consultation with affected parties,
using, to the extent practicable, the work product of
appropriate standards development organizations.
[(2) Period of effectiveness.--A provisional standard
established under paragraph (1) shall be published in
the Federal Register and remain in effect until the
appropriate standards development organization adopts
and publishes a standard.
[(c) Conformity With National Architecture.--
[(1) In general.--Except as provided in paragraphs
(2) and (3), the Secretary shall ensure that
intelligent transportation system projects carried out
using funds made available from the Highway Trust Fund,
including funds made available under this subtitle to
deploy intelligent transportation system technologies,
conform to the national architecture, applicable
standards or provisional standards, and protocols
developed under subsection (a).
[(2) Secretary's discretion.--The Secretary may
authorize exceptions to paragraph (1) for--
[(A) projects designed to achieve specific
research objectives outlined in the national
intelligent transportation system program plan
or the surface transportation research and
development strategic plan developed under
section 508 of title 23, United States Code; or
[(B) the upgrade or expansion of an
intelligent transportation system in existence
on the date of enactment of this Act if the
Secretary determines that the upgrade or
expansion--
[(i) would not adversely affect the
goals or purposes of this subtitle;
[(ii) is carried out before the end
of the useful life of such system; and
[(iii) is cost-effective as compared
to alternatives that would meet the
conformity requirement of paragraph
(1).
[(3) Exceptions.--Paragraph (1) shall not apply to
funds used for operation or maintenance of an
intelligent transportation system in existence on the
date of enactment of this Act.
[SEC. 5308. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM.
[(a) Establishment.--The Secretary shall establish a road
weather research and development program to--
[(1) maximize use of available road weather
information and technologies;
[(2) expand road weather research and development
efforts to enhance roadway safety, capacity, and
efficiency while minimizing environmental impacts; and
[(3) promote technology transfer of effective road
weather scientific and technological advances.
[(b) Stakeholder Input.--In carrying out this section, the
Secretary shall consult with the National Oceanic and
Atmospheric Administration, the National Science Foundation,
the American Association of State Highway and Transportation
Officials, nonprofit organizations, and the private sector.
[(c) Contents.--The program established under this section
shall solely carry out research and development called for in
the National Research Council's report entitled ``A Research
Agenda for Improving Road Weather Services''. Such research and
development includes--
[(1) integrating existing observational networks and
data management systems for road weather applications;
[(2) improving weather modeling capabilities and
forecast tools, such as the road surface and
atmospheric interface;
[(3) enhancing mechanisms for communicating road
weather information to users, such as transportation
officials and the public; and
[(4) integrating road weather technologies into an
information infrastructure.
[(d) Activities.--In carrying out this section, the Secretary
shall--
[(1) enable efficient technology transfer;
[(2) improve education and training of road weather
information users, such as State and local
transportation officials and private sector
transportation contractors; and
[(3) coordinate with transportation weather research
programs in other modes, such as aviation.
[(e) Funding.--
[(1) In general.--In awarding funds under this
section, the Secretary shall give preference to
applications with significant matching funds from non-
Federal sources.
[(2) Funds for road weather research and
development.--Of the amounts made available by section
5101(a)(5) of this Act, $5,000,000 for each of fiscal
years 2006 through 2009 shall be available to carry out
this section.
[SEC. 5309. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.
[(a) Establishment.--The Secretary shall establish 4 centers
for surface transportation excellence.
[(b) Goals.--The goals of the centers for surface
transportation excellence are to promote and support strategic
national surface transportation programs and activities
relating to the work of State departments of transportation in
the areas of environment, surface transportation safety, rural
safety, and project finance.
[(c) Role of Centers.--To achieve the goals set forth in
subsection (b), the Secretary shall establish the 4 centers as
follows:
[(1) Environmental excellence.--To provide technical
assistance, information sharing of best practices, and
training in the use of tools and decision-making
processes that can assist States in planning and
delivering environmentally sound surface transportation
projects.
[(2) Surface transportation safety.--To develop and
disseminate advanced transportation safety techniques
and innovations in both rural areas and urban
communities. The center will use a controlled access
highway with state-of-the-art features, to test safety
devices and techniques that enhance driver performance,
examine advanced pavement and lighting systems, and
develop techniques to address older driver and fatigue
driver issues.
[(3) Rural safety.--To provide research, training,
and outreach on innovative uses of technology to
enhance rural safety and economic development, assess
local community needs to improve access to mobile
emergency treatment, and develop online and seminar
training needs of rural transportation practitioners
and policy-makers.
[(4) Project finance.--To provide support to State
transportation departments in the development of
finance plans and project oversight tools and to
develop and offer training in state-of-the-art
financing methods to advance projects and leverage
funds.
[(d) Funding.--
[(1) In general.--Of the amounts made available by
section 5101(a)(1) of this Act, $3,750,000 for each of
fiscal years 2006 through 2009 shall be available to
carry out this section.
[(2) Allocation of funds.--Of the funds made
available under paragraph (1) the Secretary shall use
such amounts as follows:
[(A) $1,250,000 to establish the Center for
Environmental Excellence.
[(B) $750,000 to establish the Center for
Excellence in Surface Transportation Safety at
the Virginia Tech Transportation Institute.
[(C) $875,000 to establish the Center for
Excellence in Rural Safety at the Hubert H.
Humphrey Institute, Minnesota.
[(D) $875,000 to establish the Center for
Excellence in Project Finance.
[(3) Applicability of title 23.--Funds authorized by
this section shall be available for obligation in the
same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the Federal share shall be 100 percent.
[(e) Program Administration.--
[(1) Competition.--A party entering into a contract,
cooperative agreement, or other transaction with the
Secretary, or receiving a grant to perform research or
provide technical assistance under subsections
(d)(2)(A) and (d)(2)(D) shall be selected on a
competitive basis, to the maximum extent practicable.
[(2) Strategic plan.--The Secretary shall require
each center to develop a multiyear strategic plan that
describes--
[(A) the activities to be undertaken; and
[(B) how the work of the center is
coordinated with the activities of the Federal
Highway Administration and the various other
research, development, and technology transfer
activities authorized by this title. Such plans
shall be submitted to the Secretary by January
1, 2006, and each year thereafter.
[SEC. 5310. DEFINITIONS.
[In this subtitle, the following definitions apply:
[(1) Incident.--The term ``incident'' means a crash,
a natural disaster, workzone activity, special event,
or other emergency road user occurrence that adversely
affects or impedes the normal flow of traffic.
[(2) Intelligent transportation infrastructure.--The
term ``intelligent transportation infrastructure''
means fully integrated public sector intelligent
transportation system components, as defined by the
Secretary.
[(3) Intelligent transportation system.--The term
``intelligent transportation system'' means
electronics, photonics, communications, or information
processing used singly or in combination to improve the
efficiency or safety of a surface transportation
system.
[(4) National architecture.--The term ``national
architecture'' means the common framework for
interoperability that defines--
[(A) the functions associated with
intelligent transportation system user
services;
[(B) the physical entities or subsystems
within which the functions reside;
[(C) the data interfaces and information
flows between physical subsystems; and
[(D) the communications requirements
associated with the information flows.
[(5) Project.--The term ``project'' means an
undertaking to research, develop, or operationally test
intelligent transportation systems or any other
undertaking eligible for assistance under this
subtitle.
[(6) Standard.--The term ``standard'' means a
document that--
[(A) contains technical specifications or
other precise criteria for intelligent
transportation systems that are to be used
consistently as rules, guidelines, or
definitions of characteristics so as to ensure
that materials, products, processes, and
services are fit for their purposes; and
[(B) may support the national architecture
and promote--
[(i) the widespread use and adoption
of intelligent transportation system
technology as a component of the
surface transportation systems of the
United States; and
[(ii) interoperability among
intelligent transportation system
technologies implemented throughout the
States.
[(7) State.--The term ``State'' has the meaning given
the term under section 101 of title 23, United States
Code.
[(8) Transportation systems management and
operations.--The term ``transportation systems
management and operations'' has the meaning given the
term under section 101(a) of title 23, United States
Code.]
* * * * * * *
Subtitle E--Other Programs
[SEC. 5501. TRANSPORTATION SAFETY INFORMATION MANAGEMENT SYSTEM
PROJECT.
[(a) In General.--The Secretary shall fund and carry out a
project to further the development of a comprehensive
transportation safety information management system (in this
section referred to as ``TSIMS'').
[(b) Purposes.--The purpose of the TSIMS project is to
further the development of a software application to provide
for the collection, integration, management, and dissemination
of safety data from and for use among State and local safety
and transportation agencies, including driver licensing,
vehicle registration, emergency management system, injury
surveillance, roadway inventory, and motor carrier databases.
[(c) Funding.--
[(1) Federal funding.--Of the amounts made available
by section 5101(a)(1) of this Act, $1,000,000 for
fiscal years 2006 and 2007 shall be available to carry
out the TSIMS project under this section.
[(2) State contribution.--The sums authorized in
paragraph (1) are intended to supplement voluntary
contributions to be made by State departments of
transportation and other State safety and
transportation agencies.]
* * * * * * *
[SEC. 5506. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION
TECHNOLOGIES.
[(a) In General.--The Secretary shall establish and carry out
a program to validate commercial remote sensing products and
spatial information technologies for application to national
transportation infrastructure development and construction.
[(b) Program.--
[(1) National policy.--The Secretary shall establish
and maintain a national policy for the use of
commercial remote sensing products and spatial
information technologies in national transportation
infrastructure development and construction.
[(2) Policy implementation.--The Secretary shall
develop new applications of commercial remote sensing
products and spatial information technologies for the
implementation of the national policy established and
maintained under paragraph (1).
[(c) Cooperation.--The Secretary shall carry out this section
in cooperation with a consortium of university research
centers.
[(d) Funding.--Of the amounts made available by section
5101(a)(1) of this Act, $7,750,000 for each of fiscal years
2006 through 2009 shall be available to carry out this section.
[SEC. 5507. RURAL INTERSTATE CORRIDOR COMMUNICATIONS STUDY.
[(a) Study.--The Secretary, in cooperation with the Secretary
of Commerce, State departments of transportation, and other
appropriate State, regional, and local officials, shall conduct
a study on the feasibility of installing fiber optic cabling
and wireless communication infrastructure along multistate
Interstate System route corridors for improved communications
services to rural communities along such corridors.
[(b) Contents of Study.--In conducting the study, the
Secretary shall identify--
[(1) impediments to installation of the
infrastructure described in subsection (a) along
multistate Interstate System route corridors and to
connecting such infrastructure to the rural communities
along such corridors;
[(2) the effective geographic range of such
infrastructure;
[(3) potential opportunities for the private sector
to fund, wholly or partially, the installation of such
infrastructure;
[(4) potential benefits fiber optic cabling and
wireless communication infrastructure may provide to
rural communities along such corridors, including the
effects of the installation of such infrastructure on
economic development, deployment of intelligent
transportation systems technologies and applications,
homeland security precaution and response, and
education and health systems in those communities;
[(5) rural broadband access points for such
infrastructure;
[(6) areas of environmental conflict with such
installation;
[(7) real estate ownership issues relating to such
installation;
[(8) preliminary design for placement of fiber optic
cable and wireless towers;
[(9) monetary value of the rights-of-way necessary
for such installation;
[(10) applicability and transferability of the
benefits of such installation to other rural corridors;
and
[(11) safety and other operational issues associated
with the installation and maintenance of fiber optic
cabling and wire infrastructure within Interstate
System rights-of-way and other publicly owned rights-
of-way.
[(c) Corridor Locations.--The study required under subsection
(a) shall be conducted for corridors along--
[(1) Interstate Route 90 through rural Wisconsin,
southern Minnesota, northern Iowa, and South Dakota;
[(2) Interstate Route 20 through Alabama,
Mississippi, and northern Louisiana;
[(3) Interstate Route 91 through Vermont, New
Hampshire, and Massachusetts; and
[(4) any other rural corridor the Secretary considers
appropriate.
[(d) Report to Congress.--Not later than September 30, 2007,
the Secretary shall submit to Congress a report on the results
of the study, including any recommendations of the Secretary.
[(e) Federal Share.--The Federal share of the cost of the
study shall be 100 percent.
[(f) Funding.--Of the amounts made available under section
5101(a)(5) of this Act, $1,000,000 shall be available for
fiscal year 2006, and $2,000,000 shall be available for fiscal
year 2007 to carry out this section.]
* * * * * * *
[SEC. 5511. MOTORCYCLE CRASH CAUSATION STUDY GRANTS.
[(a) Grants.--The Secretary shall provide grants to the
Oklahoma Transportation Center for the purpose of conducting a
comprehensive, in-depth motorcycle crash causation study that
employs the common international methodology for in-depth
motorcycle accident investigation of the Organization for
Economic Cooperation and Development.
[(b) Funding.--Of the amounts made available under section
5101(a)(1) of this Act, $1,408,000 for each of fiscal years
2006 and 2007 shall be available to carry out this section.]
* * * * * * *
[SEC. 5513. RESEARCH GRANTS.
[(a) Thermal Imaging.--
[(1) In general.--The Secretary shall make a grant to
carry out a demonstration project that uses a thermal
imaging inspection system (TIIS) that leverages state-
of-the-art thermal imagery technology, integrated with
signature recognition software, providing the
capability to identify, in real time, faults and
failures in tires, brakes and bearings mounted on
commercial motor vehicles.
[(2) Use of funds.--Funds shall be used--
[(A) to employ a TIIS in a field environment,
along the Interstate, to further assess the
system's ability to identify faults in tires,
brakes, and bearings mounted on commercial
motor vehicles;
[(B) to establish, through statistical
analysis, the probability of failure for each
component; and
[(C) to develop and integrate a predictive
tool into the TIIS, which identifies an
impending tire, brake, or bearing failure and
provides the use of a time frame in which this
failure may occur.
[(3) Funding.--Of the amounts made available under
section 5101(a)(1) of this Act, $2,000,000 in fiscal
year 2006 shall be available to carry out this
subsection.
[(b) Transportation Injury Research.--
[(1) Grant.--The Secretary shall make a grant to
maintain a center for transportation injury research at
the Calspan University of Buffalo Research Center,
through the North Campus facility located in Amherst,
New York, and affiliated with the State University of
New York at Buffalo.
[(2) Recoup costs.--Notwithstanding current law,
Federal regulations, or Office of Management and Budget
circulars or guidance, the Center shall be permitted to
recoup direct and indirect costs and apply a 7 percent
fee to the grant made under this subsection.
[(3) Funding.--Of the amounts made available under
section 5101(a)(1) of this Act, $1,250,000 in each of
fiscal years 2006 through 2009 shall be available to
carry out this subsection.
[(c) Technology Transfer Grant.--
[(1) Grant.--The Secretary shall make grants to the
Argonne National Laboratory-Advanced Transportation
Technology Center for the purpose of conducting
transportation research and demonstration projects that
would lead to the exchange of research results with the
private sector and collaboration with universities at a
centralized location conducive for technology transfer.
[(2) Funding.--Of the amounts made available under
section 5101(a)(1) of this Act, $4,000,000 in each of
fiscal years 2006 through 2009 shall be available to
carry out this subsection.
[(d) Appalachian Regional Commission.--
[(1) Grant.--The Secretary shall make a grant to the
Appalachian Regional Commission to conduct a
feasibility study for the creation of a system of
inland ports and distribution centers in Appalachia.
[(2) Funding.--Of the amounts made available under
section 5101(a)(1) of this Act, $500,000 in fiscal year
2006 shall be available to carry out this subsection.
[(e) Automobile Accident Injury Research.--
[(1) Grants.--The Secretary shall make a grant to the
Forsyth Institute for research and technology
development for preventing and minimizing head,
craniofacial, and spinal cord injuries resulting from
automobile accidents.
[(2) Funding.--Of the amounts made available under
section 5101(a)(1) of this Act, $500,000 in each of
fiscal years 2006 through 2009 shall be available to
carry out this subsection.
[(f) Rural Transportation Research.--
[(1) Grants.--The Secretary shall make grants to the
New England Transportation Institute in White River
Junction, Vermont for rural transportation research.
[(2) Funding.--
[(A) In general.--Of the amounts made
available by section 5101(a)(1) of this Act,
$1,000,000 for fiscal year 2006 shall be
available to carry out this subsection and
shall remain available until expended.
[(B) Cost-sharing.--
[(i) Federal share.--The Federal
share of the cost of activities carried
out under this subsection shall be 80
percent.
[(ii) Non-federal share.--The fair
market value of any materials or
services provided by the non-Federal
sponsor for activities under this
subsection shall be credited to the
non-Federal share.
[(g) Rural Transportation Research Initiative.--
[(1) Grants.--For each of fiscal years 2006 through
2009, the Secretary shall provide a grant to the Upper
Great Plains Transportation Institute at North Dakota
State University for use in carrying out the Rural
Transportation Research Initiative.
[(2) Funding.--
[(A) In general.--Of the amounts made
available by section 5101(a)(1) of this Act,
$500,000 for each of fiscal years 2006 through
2009 shall be available to carry out this
subsection, and shall remain available until
expended.
[(B) Cost-sharing.--
[(i) Federal share.--The Federal
share of the cost of the activities
carried out under this subsection shall
be 80 percent.
[(ii) Non-federal share.--The fair
market value of any materials or
services provided by the non-Federal
project sponsor for any activity under
this subsection shall be credited to
the non-Federal share.
[(h) Hydrogen-Powered Transportation Research Initiative.--
[(1) Grants.--For each of fiscal years 2006 through
2009, the Secretary shall provide a grant to the
University of Montana for use in carrying out the
Hydrogen-Powered Transportation Research Initiative.
[(2) Funding.--
[(A) In general.--Of the amounts made
available by section 5101(a)(1) of this Act,
$750,000 for each of fiscal years 2006 through
2009 shall be available to carry out this
subsection, and shall remain available until
expended.
[(B) Cost-sharing.--
[(i) Federal share.--The Federal
share of the cost of the activities
carried out under this subsection shall
be 80 percent.
[(ii) Non-federal share.--The fair
market value of any materials or
services provided by the non-Federal
project sponsor for an activity under
this subsection shall be credited to
the non-Federal share.
[(i) Cold Region and Rural Transportation Research,
Maintenance, and Operations.--
[(1) Grants.--The Secretary shall provide grants to
the Western Transportation Institute at Montana State
University, for use in developing a research facility
in Lewistown, Montana, for basic and applied research
and testing on surface transportation issues facing
rural and cold regions.
[(2) Funding.--
[(A) In general.--Of the amounts made
available by section 5101(a)(1) of this Act,
$1,000,000 for each of fiscal years 2006
through 2009 shall be available to carry out
this subsection, to remain available until
expended.
[(B) Cost-sharing.--
[(i) Federal share.--The Federal
share of the cost of the activities
carried out under this subsection shall
be 80 percent.
[(ii) Non-federal share.--The fair
market value of any materials or
services provided by the non-Federal
project sponsor for an activity under
this section shall be credited to the
non-Federal share.
[(j) Advanced Vehicle Technology.--
[(1) Grant.--The Secretary shall make a grant to the
University of Kansas Transportation Research Institute
for research and development of advanced vehicle
technology concepts, focused on vehicle emissions, fuel
cells and catalytic processes, and intelligent
transportation systems.
[(2) Funding.--Of the amounts made available under
section 5101(a)(1) of this Act, $2,500,000 in each of
fiscal years 2006 through 2009 shall be available to
carry out this subsection.
[(k) Asphalt Research Consortium.--
[(1) Grant.--The Secretary shall make a grant to the
asphalt research consortium lead by the Western
Research Institute to research flexible pavement and
extending the life-cycle of asphalts.
[(2) Funding.--Of the amounts made available under
section 5101(a)(1) of this Act, $7,500,000 in each of
fiscal years 2006 through 2009 shall be available to
carry out this subsection.
[(l) Renewable Transportation Systems Research.--
[(1) Grants.--The Secretary shall make grants to the
University of Vermont for research, development and
field testing of hydrogen fuel cell and biofuel
transportation technology.
[(2) Funding.--
[(A) In general.--Of the amounts made
available for section 5101(a)(1) of this Act,
$1,000,000 for fiscal year 2006 to remain
available until expended.
[(B) Cost-sharing.--
[(i) Federal share.--The Federal
Share of the cost of activities carried
out under this section shall be 80
percent.
[(ii) Non-federal share.--The fair
market value of any materials or
services provided by the non-Federal
sponsor for activities under this
section shall be credited to the non-
Federal share.
[(m) Federal Share.--The Federal share of the cost of
activities carried out in accordance with this section shall be
80 percent unless otherwise expressly provided by this section
or otherwise determined by the Secretary.]
* * * * * * *
TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
* * * * * * *
SEC. 6010. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT
OF INTELLIGENT TRANSPORTATION SYSTEMS.
(a) * * *
* * * * * * *
(c) Intelligent Transportation Infrastructure and Systems
Defined.--In this section, the term ``intelligent
transportation infrastructure and systems'' means intelligent
transportation infrastructure and intelligent transportation
systems, as such terms are defined in [subtitle C of title V of
this Act] section 501 of title 23, United States Code.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 103. Federal Railroad Administration
(a) * * *
* * * * * * *
(l) Improving Regulation and Regulatory Review.--
(1) In general.--Before any final regulation within
the jurisdiction of the Administration is issued, the
Administrator shall make all preliminary and final
determinations based on evidence and consider, in
addition to other applicable considerations, the
following:
(A) The legal authority under which a rule
may be proposed, including whether a rulemaking
is required by statute, and if so, whether by a
specific date, or whether the agency has
discretion to commence a rulemaking.
(B) Other statutory considerations applicable
to whether the agency can or should propose a
rule or undertake other agency action.
(C) The specific nature and significance of
the problem the agency may address with a rule
(including the degree and nature of risks the
problem poses and the priority of addressing
those risks compared to other matters or
activities within the agency's jurisdiction),
whether the problem warrants new agency action,
and the countervailing risks that may be posed
by alternatives for new agency action.
(D) Whether existing rules have created or
contributed to the problem the agency may
address with a rule and whether those rules
could be amended or rescinded to address the
problem in whole or part.
(E) The best reasonably obtainable
scientific, technical, and other information
related to the need for, and consequences of,
the rule.
(F) The potential costs and benefits,
including direct, indirect, and cumulative
costs and benefits and estimated impacts on
jobs, economic growth, innovation, and economic
competitiveness.
(G) Means to increase the cost-effectiveness
of any Federal response.
(H) Incentives for innovation, consistency,
predictability, lower costs of enforcement and
compliance (to government entities, regulated
entities, and the public), and flexibility.
(I) Any reasonable alternatives for a new
rule or other response identified by the agency
or interested persons, including not only
responses that mandate particular conduct or
manners of compliance, but also--
(i) the alternative of no Federal
response;
(ii) amending or rescinding existing
rules;
(iii) potential regional, State,
local, or tribal regulatory action or
other responses that could be taken in
lieu of agency action; and
(iv) potential responses that--
(I) specify performance
objectives rather than conduct
or manners of compliance;
(II) establish economic
incentives to encourage desired
behavior;
(III) provide information
upon which choices can be made
by the public; or
(IV) incorporate other
innovative alternatives rather
than agency actions that
specify conduct or manners of
compliance.
(2) Public comment.--The Administrator shall solicit
and take into consideration public comment on the
subjects described in subparagraphs (A) through (I) of
paragraph (1) before issuance of a final regulation
described in paragraph (1).
(3) Agency statements.--
(A) In general.--The Administrator shall
follow applicable rulemaking procedures under
section 553 of title 5 before issuing a binding
obligation applicable to recipients of Federal
assistance.
(B) Binding obligation defined.--In this
paragraph, the term ``binding obligation''
means a substantive policy statement, rule, or
guidance document issued by the Administration
that grants rights, imposes obligations,
produces significant effects on private
interests, or effects a significant change in
existing policy.
* * * * * * *
Sec. 111. Bureau of Transportation Statistics
(a) * * *
* * * * * * *
(c) Responsibilities.--The Director of the Bureau shall serve
as the Secretary's senior advisor on data and statistics and
shall be responsible for carrying out the following duties:
(1) * * *
* * * * * * *
[(5) Transportation statistics.--Collecting,
compiling, analyzing, and publishing a comprehensive
set of transportation statistics on the performance and
impacts of the national transportation system,
including statistics on--
[(A) productivity in various parts of the
transportation sector;
[(B) traffic flows for all modes of
transportation;
[(C) other elements of the intermodal
transportation database established under
subsection (e);
[(D) travel times and measures of congestion;
[(E) vehicle weights and other vehicle
characteristics;
[(F) demographic, economic, and other
variables influencing traveling behavior,
including choice of transportation mode and
goods movement;
[(G) transportation costs for passenger
travel and goods movement;
[(H) availability and use of mass transit
(including the number of passengers served by
each mass transit authority) and other forms of
for-hire passenger travel;
[(I) frequency of vehicle and transportation
facility repairs and other interruptions of
transportation service;
[(J) safety and security for travelers,
vehicles, and transportation systems;
[(K) consequences of transportation for the
human and natural environment;
[(L) the extent, connectivity, and condition
of the transportation system, building on the
national transportation atlas database
developed under subsection (g); and
[(M) transportation-related variables that
influence the domestic economy and global
competitiveness.]
(5) Transportation statistics.--Collecting,
compiling, analyzing, and publishing a comprehensive
set of transportation statistics on the performance and
impacts of the national transportation system,
including statistics on--
(A) transportation safety across all modes
and intermodally;
(B) the state of good repair of United States
transportation infrastructure;
(C) the extent, connectivity, and condition
of the transportation system, building on the
national transportation atlas database
developed under subsection (g);
(D) economic efficiency across the entire
transportation sector;
(E) the effects of the transportation system
on global and domestic economic
competitiveness;
(F) demographic, economic, and other
variables influencing travel behavior,
including choice of transportation mode and
goods movement;
(G) transportation-related variables that
influence the domestic economy and global
competiveness;
(H) economic costs and impacts for passenger
travel and freight movement;
(I) intermodal and multimodal passenger
movement; and
(J) consequences of transportation for the
environment.
* * * * * * *
[(d) Information Needs Assessment.--
[(1) In general.--Not later than 60 days after the
date of enactment of the SAFETEA-LU, the Secretary
shall enter into an agreement with the National
Research Council to develop and publish a National
transportation information needs assessment (referred
to in this subsection as the ``assessment''). The
assessment shall be submitted to the Secretary and the
appropriate committees of Congress not later than 24
months after such agreement is entered into.
[(2) Content.--The assessment shall--
[(A) identify, in order of priority, the
transportation data that is not being collected
by the Bureau, operating administrations of the
Department, or other Federal, State, or local
entities, but is needed to improve
transportation decisionmaking at the Federal,
State, and local levels and to fulfill the
requirements of subsection (c)(5);
[(B) recommend whether the data identified in
subparagraph (A) should be collected by the
Bureau, other parts of the Department, or by
other Federal, State, or local entities, and
whether any data is of a higher priority than
data currently being collected;
[(C) identify any data the Bureau or other
Federal, State, or local entity is collecting
that is not needed;
[(D) describe new data collection methods
(including changes in surveys) and other
changes the Bureau or other Federal, State, or
local entity should implement to improve the
standardization, accuracy, and utility of
transportation data and statistics; and
[(E) estimate the cost of implementing any
recommendations.
[(3) Consultation.--In developing the assessment, the
National Research Council shall consult with the
Department's Advisory Council on Transportation
Statistics and a representative cross-section of
transportation community stakeholders as well as other
Federal agencies, including the Environmental
Protection Agency, the Department of Energy, and the
Department of Housing and Urban Development.
[(4) Report to Congress.--Not later than 180 days
after the date on which the National Research Council
submits the assessment under paragraph (1), the
Secretary shall submit a report to Congress that
describes--
[(A) how the Department plans to fill the
data gaps identified under paragraph (2)(A);
[(B) how the Department plans to stop
collecting data identified under paragraph
(2)(C);
[(C) how the Department plans to implement
improved data collection methods and other
changes identified under paragraph (2)(D);
[(D) the expected costs of implementing
subparagraphs (A), (B), and (C) of this
paragraph;
[(E) any findings of the assessment under
paragraph (1) with which the Secretary
disagrees, and why; and
[(F) any proposed statutory changes needed to
implement the findings of the assessment under
paragraph (1).]
(d) Access to Federal Data.--In carrying out subsection (c),
the Director shall be provided access to all transportation and
transportation-related information and data, including safety-
related data, held by an agency of the Department of
Transportation and, upon written request and subject to any
statutory or regulatory restrictions, to all such data held by
any other Federal Government agency, that is germane to
carrying out subsection (c).
* * * * * * *
(n) Proceeds of Data Product Sales.--Notwithstanding section
3302 of title 31, funds received by the Bureau from the sale of
data products, for necessary expenses incurred, may be credited
to the Highway Trust Fund (other than the [Mass Transit]
Alternative Transportation Account) for the purpose of
reimbursing the Bureau for the expenses.
(o) Advisory Council on Transportation Statistics.--
(1) * * *
(2) Function.--The function of the advisory council
established under this subsection is to--
(A) advise the Director on the quality,
reliability, consistency, objectivity, and
relevance of transportation statistics and
analyses collected, supported, or disseminated
by the Bureau and the Department; and
[(B) provide input to and review the report
to Congress under subsection (d)(4); and]
[(C)] (B) advise the Director on methods to
encourage cooperation and interoperability of
transportation data collected by the Bureau,
the operating administrations of the
Department, States, local governments,
metropolitan planning organizations, and
private sector entities.
* * * * * * *
Sec. 112. Research and Innovative Technology Administration
(a) * * *
* * * * * * *
(f) Program Evaluation and Oversight.--For each of fiscal
years 2013 through 2016, the Administrator may expend not more
than 1 \1/2\ percent of the amounts authorized to be
appropriated for the administration and operation of the
Research and Innovative Technology Administration to carry out
the coordination, evaluation, and oversight of the programs
administered by the Administration.
(g) Collaborative Research and Development.--
(1) In general.--To encourage innovative solutions to
multimodal transportation problems and stimulate the
deployment of new technology, the Administrator may
carry out, on a cost-shared basis, collaborative
research and development with--
(A) non-Federal entities, including State and
local governments, foreign governments,
institutions of higher education, corporations,
institutions, partnerships, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State;
(B) Federal laboratories; and
(C) other Federal agencies.
(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the
Administrator may directly initiate contracts, grants,
cooperative research and development agreements (as
defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)),
and other agreements to fund, and accept funds from,
the Transportation Research Board of the National
Research Council of the National Academy of Sciences,
State departments of transportation, cities, counties,
institutions of higher education, associations, and the
agents of those entities to carry out joint
transportation research and technology efforts.
(3) Federal share.--
(A) In general.--Subject to subparagraph (B),
the Federal share of the cost of an activity
carried out under paragraph (2) shall not
exceed 50 percent.
(B) Exception.--If the Secretary determines
that the activity is of substantial public
interest or benefit, the Secretary may approve
a greater Federal share.
(C) Non-federal share.--All costs directly
incurred by the non-Federal partners, including
personnel, travel, facility, and hardware
development costs, shall be credited toward the
non-Federal share of the cost of an activity
described in subparagraph (A).
(4) Use of technology.--The research, development, or
use of a technology under a contract, grant,
cooperative research and development agreement, or
other agreement entered into under this subsection,
including the terms under which the technology may be
licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.).
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
Sec.
301. Leadership, consultation, and cooperation.
* * * * * * *
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
* * * * * * *
310. Budget justification.
* * * * * * *
Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic
sites
(a) * * *
* * * * * * *
(e) Elimination of Duplication for Historic Sites and
Properties.--The requirements of this section shall be
considered to be satisfied for an historic site or property
where its treatment has been agreed upon in a memorandum of
agreement by invited and mandatory signatories, including the
Advisory Council on Historic Preservation, if participating, in
accordance with section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
* * * * * * *
Sec. 310. Budget justification
The Secretary of Transportation and the head of each modal
administration of the Department of Transportation shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works and the Committee on Banking, Housing, and Urban
Affairs of the Senate a budget justification concurrently with
the President's annual budget submission to Congress.
* * * * * * *
CHAPTER 5--SPECIAL AUTHORITY
* * * * * * *
SUBCHAPTER II--PENALTIES
Sec. 521. Civil penalties
(a) * * *
(b) Violations Relating to Commercial Motor Vehicle Safety
Regulation and Operators.--
(1) Notice.--
(A) In general.--If the Secretary finds that
a violation of a provision of subchapter III of
chapter 311 (except sections 31138 and 31139)
or section 31302, 31303, 31304, 31305(b),
31306, 31306a, 31310(g)(1)(A), or 31502 of this
title, or a violation of a regulation issued
under any of those provisions, has occurred,
the Secretary shall issue a written notice to
the violator. Such notice shall describe with
reasonable particularity the nature of the
violation found and the provision which has
been violated. The notice shall specify the
proposed civil penalty, if any, and suggest
actions which might be taken in order to abate
the violation. The notice shall indicate that
the violator may, within 15 days of service,
notify the Secretary of the violator's
intention to contest the matter. In the event
of a contested notice, the Secretary shall
afford such violator an opportunity for a
hearing, pursuant to section 554 of title 5,
following which the Secretary shall issue an
order affirming, modifying, or vacating the
notice of violation.
* * * * * * *
(2) Civil Penalty.--
(A) In general.--Except as otherwise provided in this
subsection, any person who is determined by the
Secretary, after notice and opportunity for a hearing,
to have committed an act that is a violation of
regulations issued by the Secretary under subchapter
III of chapter 311 (except sections 31138 and 31139) or
section 31306, 31306a, or 31502 of this title shall be
liable to the United States for a civil penalty in an
amount not to exceed $10,000 for each offense.
Notwithstanding any other provision of this section
(except subparagraph (C)), no civil penalty shall be
assessed under this section against an employee for a
violation in an amount exceeding $2,500.
(B) Recordkeeping and reporting violations.--A person
required to make a report to the Secretary, answer a
question, or make, prepare, or preserve a record under
section 504 of this title or under any regulation
issued by the Secretary pursuant to subchapter III of
chapter 311 (except sections 31138 and 31139) or
section 31306, 31306a, or 31502 of this title about
transportation by motor carrier, motor carrier of
migrant workers, or motor private carrier, or an
officer, agent, or employee of that person--
(i) * * *
* * * * * * *
(5)(A) If, upon inspection or investigation, the Secretary
determines that a violation of a provision of subchapter III of
chapter 311 (except sections 31138 and 31139) or section 31302,
31303, 31304, 31305(b), 31306, 31306a, or 31502 of this title
or a regulation issued under any of those provisions, or
combination of such violations, poses an imminent hazard to
safety, the Secretary shall order a vehicle or employee
operating such vehicle out of service, or order an employer to
cease all or part of the employer's commercial motor vehicle
operations. In making any such order, the Secretary shall
impose no restriction on any employee or employer beyond that
required to abate the hazard. Subsequent to the issuance of the
order, opportunity for review shall be provided in accordance
with section 554 of title 5, except that such review shall
occur not later than 10 days after issuance of such order.
* * * * * * *
(6) Criminal Penalties.--
(A) In general.--Any person who knowingly and
willfully violates any provision of subchapter III of
chapter 311 (except sections 31138 and 31139) or
section 31306, 31306a, or 31502 of this title, or a
regulation issued under any of those provisions shall,
upon conviction, be subject for each offense to a fine
not to exceed $25,000 or imprisonment for a term not to
exceed one year, or both, except that, if such violator
is an employee, the violator shall only be subject to
penalty if, while operating a commercial motor vehicle,
the violator's activities have led or could have led to
death or serious injury, in which case the violator
shall be subject, upon conviction, to a fine not to
exceed $2,500.
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
* * * * * * *
SUBCHAPTER III--AUTHORITY
* * * * * * *
Sec. 1139. Assistance to families of passengers involved in rail
passenger accidents
(a) In General.--As soon as practicable after being notified
of a rail passenger accident within the United States involving
a rail passenger carrier and resulting in a major loss of life,
the Chairman of the National Transportation Safety Board
shall--
(1) designate and publicize the name and [phone
number] telephone number of a director of family
support services who shall be an employee of the Board
and shall be responsible for acting as a point of
contact within the Federal Government for the families
of passengers involved in the accident and a liaison
between the rail passenger carrier and the families;
and
(2) designate an independent nonprofit organization,
with experience in disasters and [post trauma
communication with families] post-trauma communication
with families, which shall have primary responsibility
for coordinating the emotional care and support of the
families of passengers involved in the accident.
* * * * * * *
(j) Relinquishment of Investigative Priority.--
(1) * * *
(2) Board assistance.--If this section does not apply
to a [railroad passenger accident] rail passenger
accident because the Board has relinquished
investigative priority with respect to the accident,
the Board shall assist, to the maximum extent possible,
the agency to which the Board has relinquished
investigative priority in assisting families with
respect to the accident.
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
Chapter Sec.
Transportation of Hazardous Material..........................5101
5201Transportation Planning...........................................
* * * * * * *
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5101. Purpose
The purpose of this chapter is to protect against the risks
to life, property, and the environment [that are inherent] in
the transportation of hazardous material in intrastate,
interstate, and foreign commerce.
Sec. 5102. Definitions
In this chapter--
(1) * * *
* * * * * * *
(4) ``hazmat employer''--
(A) means a person--
(i) who--
(I) employs [or uses] at
least 1 hazmat employee on a
full time, part time, or
temporary basis; or
* * * * * * *
[(13) ``transports'' or ``transportation'' means the
movement of property and loading, unloading, or storage
incidental to the movement.]
(13) ``transports'' or ``transportation''--
(A) means the movement of property and
loading, unloading, handling, or storage
incidental to the movement;
(B) includes all activities related to--
(i) loading or unloading packaged or
containerized hazardous material, such
as portable tanks, cylinders, and
intermediate bulk containers, onto a
transport vehicle, rail car, aircraft,
or vessel at its origin, during en
route movement, or at its destination;
or
(ii) loading or unloading a hazardous
material into or from a bulk packaging
with a capacity greater than 3,000
liters, such as a portable tank, cargo
tank, or rail tank car, at its origin,
during en route movement, or at its
destination; and
(C) includes storage of a hazardous material
from the time the hazardous material is loaded
for purposes of movement until the hazardous
material is unloaded at its destination,
including during en route movement.
Sec. 5103. General regulatory authority
(a) * * *
(b) Regulations for Safe Transportation.--(1) The Secretary
shall prescribe regulations for the safe transportation,
including security, of hazardous material in intrastate,
interstate, and foreign commerce. The regulations--
(A) apply to a person who--
(i) * * *
* * * * * * *
(vi) certifies compliance with any
requirement under this chapter; [or]
(vii) provides hazardous material
transportation emergency response information
services required or governed by regulations
prescribed under this chapter; or
[(vii)] (viii) misrepresents whether such
person is engaged in any activity under clause
(i) through [(vi)] (vii); and
(B) shall govern safety aspects, including security,
of the transportation of hazardous material the
Secretary considers appropriate[.]; and
(C) shall govern the procedures and criteria used by
the Secretary for determining the fitness of a person
applying for an approval or a special permit under the
regulations.
* * * * * * *
(3) Before any final regulation within the jurisdiction of
the Secretary is issued, the Secretary shall make all
preliminary and final determinations based on evidence and
consider, in addition to other applicable considerations, the
following:
(A) The legal authority under which a rule may be
proposed, including whether a rulemaking is required by
statute, and if so, whether by a specific date, or
whether the agency has discretion to commence a
rulemaking.
(B) Other statutory considerations applicable to
whether the agency can or should propose a rule or
undertake other agency action.
(C) The specific nature and significance of the
problem the agency may address with a rule (including
the degree and nature of risks the problem poses and
the priority of addressing those risks compared to
other matters or activities within the agency's
jurisdiction), whether the problem warrants new agency
action, and the countervailing risks that may be posed
by alternatives for new agency action.
(D) Whether existing rules have created or
contributed to the problem the agency may address with
a rule and whether those rules could be amended or
rescinded to address the problem in whole or part.
(E) The best reasonably obtainable scientific,
technical, and other information related to the need
for, and consequences of, the rule.
(F) The potential costs and benefits, including
direct, indirect, and cumulative costs and benefits and
estimated impacts on jobs, economic growth, innovation,
and economic competitiveness.
(G) Means to increase the cost-effectiveness of any
Federal response.
(H) Incentives for innovation, consistency,
predictability, lower costs of enforcement and
compliance (to government entities, regulated entities,
and the public), and flexibility.
(I) Any reasonable alternatives for a new rule or
other response identified by the agency or interested
persons, including not only responses that mandate
particular conduct or manners of compliance, but also--
(i) the alternative of no Federal response;
(ii) amending or rescinding existing rules;
(iii) potential regional, State, local, or
tribal regulatory action or other responses
that could be taken in lieu of agency action;
and
(iv) potential responses that--
(I) specify performance objectives
rather than conduct or manners of
compliance;
(II) establish economic incentives to
encourage desired behavior;
(III) provide information upon which
choices can be made by the public; or
(IV) incorporate other innovative
alternatives rather than agency actions
that specify conduct or manners of
compliance.
(4) The Secretary shall solicit and take into consideration
public comment on the subjects described in subparagraphs (A)
through (I) of paragraph (3) before issuance of a final
regulation described in paragraph (3).
(5) The Secretary shall follow applicable rulemaking
procedures under section 553 of title 5 before issuing a
binding obligation applicable to recipients of Federal
assistance. In this paragraph, the term ``binding obligation''
means a substantive policy statement, rule, or guidance
document issued by the Secretary that grants rights, imposes
obligations, produces significant effects on private interests,
or effects a significant change in existing policy.
(6) In considering whether to incorporate by reference any
publication in prescribing regulations, the Secretary shall--
(A) consider--
(i) the cost of such publication;
(ii) the broadness of its applicability;
(iii) the cost imposed on the public in
acquiring such publication; and
(iv) other alternatives to incorporation by
reference; and
(B) either incorporate by reference the publication
or use the alternative that meets the Department of
Transportation's safety objectives in the most cost-
effective manner.
* * * * * * *
Sec. 5105. Transporting certain highly radioactive material
(a) * * *
* * * * * * *
[(d) Inspections of Motor Vehicles Transporting Certain
Material.--(1) Not later than November 16, 1991, the Secretary
shall require by regulation that before each use of a motor
vehicle to transport a highway-route-controlled quantity of
radioactive material in commerce, the vehicle shall be
inspected and certified as complying with this chapter and
applicable United States motor carrier safety laws and
regulations. The Secretary may require that the inspection be
carried out by an authorized United States Government inspector
or according to appropriate State procedures.
[(2) The Secretary may allow a person, transporting or
causing to be transported a highway-route-controlled quantity
of radioactive material, to inspect the motor vehicle used to
transport the material and to certify that the vehicle complies
with this chapter. The inspector qualification requirements the
Secretary prescribes for an individual inspecting a motor
vehicle apply to an individual conducting an inspection under
this paragraph.]
(d) Inspections of Motor Vehicles Transporting Certain
Material.--
(1) Requirement.--The Secretary shall require by
regulation that before each use of a motor vehicle to
transport a highway-route-controlled quantity of
radioactive material in commerce, the vehicle shall be
inspected and certified as complying with this chapter
and applicable United States motor carrier safety laws
and regulations.
(2) Type of inspector.--In carrying out paragraph
(1), the Secretary may--
(A) require that the inspection be carried
out by an authorized United States Government
inspector or according to appropriate State
procedures; or
(B) allow a person, transporting or causing
to be transported a highway-route-controlled
quantity of radioactive material, to inspect
the motor vehicle used to transport the
material and to certify that the vehicle
complies with this chapter.
(3) Qualification requirements.--An individual
conducting an inspection under paragraph (2)(B) shall
be in compliance with the inspector qualification
requirements the Secretary prescribes for an individual
inspecting a motor vehicle.
(4) Preemption.--Each State that a motor vehicle
transporting a highway-route-controlled quantity of
radioactive material in commerce enters shall recognize
the inspection and certification required by paragraph
(1) and may not require a new inspection at an
equivalent level and certification except as provided
in paragraph (5).
(5) Changed condition.--If an en route change to the
condition of the cargo, the driver, the motor vehicle,
or the operation of the motor vehicle invalidates the
certification under paragraph (1), the State where such
change is discovered may require a new inspection and
certification under such paragraph.
* * * * * * *
Sec. 5107. Hazmat employee training requirements and grants
(a) * * *
* * * * * * *
[(e) Training Grants.--
[(1) In general.--Subject to the availability of
funds under section 5128(c), the Secretary shall make
grants under this subsection--
[(A) for training instructors to train hazmat
employees; and
[(B) to the extent determined appropriate by
the Secretary, for such instructors to train
hazmat employees.
[(2) Eligibility.--A grant under this subsection
shall be made to a nonprofit hazmat employee
organization that demonstrates--
[(A) expertise in conducting a training
program for hazmat employees; and
[(B) the ability to reach and involve in a
training program a target population of hazmat
employees.]
[(f)] (e) Training of Certain Employees.--The Secretary shall
ensure that maintenance-of-way employees and railroad signalmen
receive general awareness and familiarization training and
safety training pursuant to section 172.704 of title 49, Code
of Federal Regulations.
[(g)] (f) Relationship to Other Laws.--(1) * * *
(2) An action of the Secretary under subsections (a)-(d) of
this section [and section 5106] is not an exercise, under
section 4(b)(1) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe
or enforce standards or regulations affecting occupational
safety or health.
[(h) Existing Effort.--No grant under subsection (e) shall
supplant or replace existing employer-provided hazardous
materials training efforts or obligations.]
Sec. 5108. Registration
(a) * * *
* * * * * * *
(g) Fees.--(1) * * *
(2)(A) In addition to a fee established under paragraph (1)
of this subsection, the Secretary shall establish and impose by
regulation and collect an annual fee. Subject to subparagraph
(B) of this paragraph, the fee shall [be at least $250 but not
more than] not exceed $3,000 from each person required to file
a registration statement under this section. The Secretary
shall determine the amount of the fee under this paragraph on
at least one of the following:
(i) * * *
* * * * * * *
(viii) the amount to be made available to carry out
[sections 5108(g)(2), 5115,] this paragraph and
sections 5115 and 5116 of this title.
* * * * * * *
(D) In establishing and collecting a fee under subparagraph
(A), the Secretary may not consider whether a person has or is
likely to apply for a special permit or approval, nor is the
Secretary authorized to establish a separate fee in order to
apply for or receive a special permit or approval.
* * * * * * *
Sec. 5109. Motor carrier safety permits
(a) * * *
(b) Applicable Transportation.--The Secretary shall prescribe
by regulation the hazardous material and amounts of hazardous
material to which this section applies. However, this section
shall apply at least to transportation by a motor carrier, in
amounts the Secretary establishes, of--
(1) a [class A or B] division 1.1, 1.2, or 1.3
explosive;
* * * * * * *
(f) [Shipper] Offeror Responsibility.--A person offering
hazardous material for motor vehicle transportation in commerce
may offer the material to a motor carrier only if the carrier
has a safety permit issued under this section authorizing the
transportation.
* * * * * * *
[(h) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section not later than November 16,
1991.]
* * * * * * *
Sec. 5116. Planning and training grants, monitoring, and review
(a) * * *
(b) Training Grants.--(1) * * *
* * * * * * *
(4) The Secretary shall allocate amounts made available for
grants under this subsection and subsection (a) for a fiscal
year among eligible States and Indian tribes based on the needs
of the States and tribes for emergency response planning and
training. In making a decision about those needs, the Secretary
shall consider--
(A) * * *
* * * * * * *
(E) other factors the Secretary decides are
appropriate to carry out this subsection and subsection
(a).
[(c) Compliance With Certain Law.--The Secretary may make a
grant to a State under this section in a fiscal year only if
the State certifies that the State complies with sections 301
and 303 of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11001, 11003).]
(c) Compliance With Certain Law.--The Secretary may make a
grant to a State or Indian tribe under this section in a fiscal
year only if--
(1) the State certifies that the State complies with
sections 301 and 303 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001,
11003); and
(2) the State or Indian tribe certifies to the
Secretary that such State or Indian tribe is in
compliance with section 5125(f).
* * * * * * *
(j) Supplemental Training Grants.--
(1) In order to further the purposes of subsection
(b), the Secretary shall, subject to the availability
of [funds, make grants to national nonprofit employee
organizations engaged solely in fighting fires for]
funds and through a competitive process, make grants to
national nonprofit fire service organizations for the
purpose of training instructors to conduct hazardous
materials response training programs for individuals
with statutory responsibility to respond to hazardous
materials accidents and incidents.
* * * * * * *
(3) Funds granted to an organization under this
subsection shall only be used--
(A) to [train] provide portable training for
instructors to conduct hazardous materials
response training programs;
* * * * * * *
(4) The Secretary may only make a grant to an
organization under this subsection in a fiscal year if
the organization enters into an agreement with the
Secretary to [train] provide portable training for
instructors to conduct hazardous materials response
training programs in such fiscal year that will use--
(A) * * *
* * * * * * *
for training individuals with statutory responsibility
to respond to accidents and incidents involving
hazardous materials. Such agreement also shall provide
that training courses shall comply with national
consensus standards for hazardous material response and
be open to all such individuals on a nondiscriminatory
basis.
* * * * * * *
(k) Reports.--The Secretary shall submit annually to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate and make available to the public
information on the allocation and uses of the [planning grants
allocated under subsection (a), training grants under
subsection (b), and grants under subsection (j) of this section
and under section 5107] grants allocated under subsections (a),
(b), and (j). The report shall identify the ultimate recipients
of planning and training grants and include a detailed
accounting of all grant expenditures by grant recipients, the
number of persons trained under the grant programs, and an
evaluation of the efficacy of planning and training programs
carried out.
Sec. 5117. Special permits and exclusions
[(a) Authority To Issue Special Permits.--(1) As provided
under procedures prescribed by regulation,]
(a) Authority To Issue Special Permits.--
(1) In general.--As provided under procedures and
criteria prescribed by regulation in accordance with
section 553 of title 5, the Secretary may issue,
modify, or terminate a special permit authorizing a
variance from this chapter or a regulation prescribed
under section 5103(b), 5104, 5110, or 5112 of this
title to a person performing a function regulated by
the Secretary under section 5103(b)(1) in a way that
achieves a safety level--
(A) * * *
* * * * * * *
(2) Requirements.--The Secretary shall ensure that
the procedures and criteria prescribed under paragraph
(1) provide adequate consistency, predictability, and
transparency in making the determinations to issue,
modify, or terminate a special permit.
[(2) A special permit]
(3) Effective period.--A special permit issued under
this section shall be effective for an initial period
of not more than 2 years and may be renewed by the
Secretary upon application for successive periods of
not more than 4 years each or, in the case of a special
permit relating to section 5112, for an additional
period of not more than 2 years.
* * * * * * *
(f) Limitation on Denial.--The Secretary may not deny an
application for a modification or renewal of a special permit
or an application for party status to an existing special
permit for the sole reason that the applicant has a hazardous
material out-of-service percentage of greater than the national
average, according to the safety and fitness records maintained
by the Federal Motor Carrier Safety Administration.
(g) Incorporation Into Regulation.--
(1) In general.--Not later than 1 year after the date
on which a special permit has been in continuous effect
for a 6-year period, the Secretary shall develop and
implement a rulemaking pursuant to section 5103 to
incorporate the special permit into regulation if the
special permit--
(A) concerns a matter of general
applicability;
(B) has future effect; and
(C) is consistent with hazardous material
safety.
(2) Intent.--Nothing in paragraph (1) limits the
Secretary from incorporating a special permit into
regulation at any time before the deadline set by
paragraph (1).
(3) Older special permits.--Not later than 3 years
after the date of enactment of this subsection, the
Secretary shall finalize a rulemaking pursuant to
section 5103 to incorporate into regulation any special
permit that concerns a matter of general applicability,
has future effect, is consistent with hazardous
material safety, and has been in continuous effect for
more than a 6-year period as of the date of enactment
of this subsection.
* * * * * * *
Sec. 5119. Uniform forms and procedures
[(a) Establishment of Working Group.--The Secretary shall
establish a working group of State and local government
officials, including representatives of the National Governors'
Association, the National Association of Counties, the National
League of Cities, the United States Conference of Mayors, the
National Conference of State Legislatures, and the Alliance for
Uniform Hazmat Transportation Procedures.
[(b) Purpose of Working Group.--The purpose of the working
group shall be to develop uniform forms and procedures for a
State to register, and to issue permits to, persons that
transport, or cause to be transported, hazardous material by
motor vehicle in the State.
[(c) Limitation on Working Group.--The working group may not
propose to define or limit the amount of a fee a State may
impose or collect.
[(d) Procedure.--The Secretary shall develop a procedure for
the working group to employ in developing recommendations for
the Secretary to harmonize existing State registration and
permit laws and regulations relating to the transportation of
hazardous materials, with special attention paid to each
State's unique safety concerns and interest in maintaining
strong hazmat safety standards.
[(e) Report of Working Group.--Not later than 18 months after
the date of enactment of this subsection, the working group
shall transmit to the Secretary a report containing
recommendations for establishing uniform forms and procedures
described in subsection (b).
[(f) Regulations.--Not later than 18 months after the date
the working group's report is delivered to the Secretary, the
Secretary shall issue regulations to carry out such
recommendations of the working group as the Secretary considers
appropriate. In developing such regulations, the Secretary
shall consider the State needs associated with the transition
to and implementation of a uniform forms and procedures
program.
[(g) Limitation on Statutory Construction.--Nothing in this
section shall be construed as prohibiting a State from
voluntarily participating in a program of uniform forms and
procedures until such time as the Secretary issues regulations
under subsection (f).]
(a) Uniform Motor Carrier Permit Program Defined.--In this
section, the term ``Uniform Motor Carrier Permit Program''
means the State-based, reciprocal program of uniform forms and
procedures for registering and permitting persons who transport
hazardous material by motor vehicle developed and recommended
by the Alliance for Uniform Hazmat Transportation Procedures,
including any superseding amendments or revisions adopted by
the Secretary pursuant to subsection (b).
(b) Regulations.--
(1) In general.--Not later than 1 year after the date
of enactment of the Hazardous Material Transportation
Safety, Efficiency, and Accountability Act of 2012, the
Secretary shall issue regulations to implement the
Uniform Motor Carrier Permit Program.
(2) Revisions.--The Secretary may modify the
regulations issued under paragraph (1) only as
necessary to promote safety, efficiency, and
uniformity.
(c) Financial and Technical Assistance and Support.--
(1) In general.--The Secretary may provide planning
and transition assistance to States to facilitate the
adoption of the Uniform Motor Carrier Permit Program.
(2) Use of funds.--A State shall use assistance
awarded under this subsection only to transition
existing State registration and permitting programs to
the Uniform Motor Carrier Permit Program.
(3) Termination of authority.--The authority to
provide assistance to States under this subsection
shall terminate 6 years after the date of enactment of
the Hazardous Material Transportation Safety,
Efficiency, and Accountability Act of 2012.
(d) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement for outreach, data management, and other
centralized functions supporting implementation of the Uniform
Motor Carrier Permit Program.
(e) Related Expenses.--For purposes of section 5125(f)(1), a
fee used for a purpose related to transporting hazardous
material may include the costs incurred in implementing and
administering the Uniform Motor Carrier Permit Program,
including the costs of establishing or modifying forms,
procedures, and systems.
(f) Transition of State Programs.--Not later than 6 years
after the date of enactment of the Hazardous Material
Transportation Safety, Efficiency, and Accountability Act of
2012, a State may enforce registration and permitting
requirements for motor carriers that transport hazardous
material in commerce only in accordance with the Uniform Motor
Carrier Permit Program.
(g) Limitation.--Nothing in this section shall define or
limit the amount of a fee a State may impose or collect for
registration and permitting.
Sec. 5120. International uniformity of standards and requirements
(a) Participation in International Forums.--Subject to
guidance and direction from the Secretary of [State, the
Secretary of Transportation shall participate] State and the
Secretary of Transportation, the Administrator of the Pipelines
and Hazardous Materials Safety Administration, or the
Administrator's designee, shall represent the United States and
serve as the United States competent authority in international
forums that establish or recommend mandatory standards and
requirements for transporting hazardous material in
international commerce.
(b) Consultation.--[The Secretary] The Administrator may
consult with interested authorities to ensure that, to the
extent practicable, regulations the Secretary prescribes under
[sections 5103(b), 5104, 5110, and 5112 of this title] this
chapter are consistent with standards and requirements related
to transporting hazardous material that international
authorities adopt.
* * * * * * *
Sec. 5121. Administrative
(a) * * *
* * * * * * *
(c) Inspections and Investigations.--
(1) In general.--A designated officer, employee, or
agent of the Secretary--
(A) * * *
(B) except in the case of packaging
immediately adjacent to its hazardous material
contents, may gain access to, open, and examine
a package offered for, or in, transportation
when the officer, employee, or agent has an
objectively reasonable and articulable belief
that the package [may contain a hazardous
material;] may contain an undeclared hazardous
material and such activity takes place at a
properly equipped facility designated by the
Secretary for this purpose;
(C) may remove from transportation a package
[or related packages] suspected of containing
undeclared hazardous material in a shipment
offered for or in transportation for which--
(i) * * *
* * * * * * *
(E) as necessary, under terms and conditions
specified by the Secretary, [may order the
offeror, carrier, packaging manufacturer or
tester, or other person responsible for the
package to have the package transported to,
opened, and the contents examined and analyzed,
at a facility appropriate for the conduct of
such examination and analysis; and] may order
the offeror, after giving notice to the
carrier, to have the package transported to,
opened, and the contents examined and analyzed
at a properly equipped facility designated by
the Secretary for this purpose;
(F) when safety might otherwise be
compromised, may authorize properly qualified
personnel to assist in the activities conducted
under this subsection[.]; and
(G) shall provide contemporaneous notice to
the affected offeror and carrier of its
decision to exercise its authority under
subparagraph (B), (C), (D), or (E).
* * * * * * *
[(e) Regulations.--
[(1) Temporary regulations.--Not later than 60 days
after the date of enactment of the Hazardous Materials
Transportation Safety and Security Reauthorization Act
of 2005, the Secretary shall issue temporary
regulations to carry out subsections (c) and (d). The
temporary regulations shall expire on the date of
issuance of the regulations under paragraph (2).
[(2) Final regulations.--Not later than 1 year after
such date of enactment, the Secretary shall issue
regulations to carry out subsections (c) and (d) in
accordance with subchapter II of chapter 5 of title 5.]
(e) Regulations.--To carry out subsections (c) and (d), the
Secretary shall issue regulations in accordance with section
553 of title 5 that address, at a minimum, the following:
(1) Avoidance of delay in the transportation of time-
sensitive materials, such as medical products,
perishables, and other packages that are not the
subject of the inspection.
(2) Appropriate training and equipment for
inspectors.
(3) Restoration of the properly certified status of
the inspected package before resumption of
transportation of that package.
(4) Consideration of the costs and damages that might
occur as a result of an inspection.
* * * * * * *
(g) Grants and Cooperative Agreements.--The Secretary may
enter into grants and cooperative agreements with a person,
agency, or instrumentality of the United States, a unit of
State or local government, an Indian tribe, a foreign
government (in coordination with the Department of State), an
educational institution, or other appropriate entity--
(1) * * *
* * * * * * *
(3) to conduct research, development, demonstration,
risk assessment, and emergency response planning and
training activities; [or]
(4) to work with State enforcement personnel with
information and training relating to the uniform
enforcement of the regulations governing the
transportation of hazardous material; or
[(4)] (5) to otherwise carry out this chapter.
(h) Biennial Report.--The Secretary shall, once every 2
years, prepare and transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a comprehensive report on the transportation of
hazardous [materials during] material in all modes of
transportation during the preceding 2 calendar years. The
report shall include--
(1) * * *
(2) a summary of the hazardous material transported
during the period covered by the report, set forth by
the type and quantity of hazardous material and by
mode;
[(2)] (3) a list and summary of applicable Government
regulations, criteria, orders, and special permits;
[(3)] (4) a summary of the basis for each special
[permit] permit issued;
[(4)] (5) an evaluation of the effectiveness of
enforcement [activities] activities, including
activities conducted under subsections (c) and (d),
relating to a function regulated by the Secretary under
section 5103(b)(1) and the degree of voluntary
compliance with regulations;
[(5)] (6) a summary of outstanding problems in
carrying out this chapter in order of priority; and
[(6)] (7) recommendations for [appropriate
legislation] legislative action that the Secretary
considers appropriate.
* * * * * * *
Sec. 5123. Civil penalty
(a) Penalty.--(1) A person that knowingly violates this
chapter or a regulation, order, special permit, or approval
issued under this chapter is liable to the United States
Government for a civil penalty of [at least $250 but] not more
than $50,000 for each violation. A person acts knowingly when--
(A) * * *
* * * * * * *
[(3) If the violation is related to training, paragraph (1)
shall be applied by substituting ``$450'' for ``$250''.]
[(4)] (3) A separate violation occurs for each day the
violation, committed by a person that transports or causes to
be transported hazardous material, continues.
(4) A carrier shall not be liable for violations of this
chapter, or a regulation issued under this chapter, stemming
from pre-transportation functions, as defined in section 171.1
of title 49, Code of Federal Regulations, that are performed by
another person unless the carrier has actual knowledge of a
violation.
* * * * * * *
(h) Penalty for Failure to Maintain Records, Reports, and
Information.--The Secretary may impose a penalty on a person
who fails to comply with section 5121(b).
* * * * * * *
Sec. 5125. Preemption
(a) General.--Except as provided in subsections (b), (c), and
(e) of this section and unless authorized by another law of the
United States, a requirement of a State, political subdivision
of a State, or Indian tribe is preempted if--
(1) complying with a requirement of the State,
political subdivision, or tribe and a requirement of
this chapter, a regulation prescribed under this
chapter, or a hazardous materials transportation
security regulation or directive issued by the
Secretary of Homeland Security is not possible; [or]
(2) the requirement of the State, political
subdivision, or tribe, as applied or enforced, is an
obstacle to accomplishing and carrying out this
chapter, a regulation prescribed under this chapter, or
a hazardous materials transportation security
regulation or directive issued by the Secretary of
Homeland Security[.]; or
(3) the requirement of the State, political
subdivision, or Indian tribe, as applied or enforced,
is an unreasonable burden on commerce.
(b) Substantive Differences.--(1) Except as provided in
subsection (c) of this section and unless authorized by another
law of the United States, a law, regulation, order, or other
requirement of a State, political subdivision of a State, or
Indian tribe about any of the following subjects, that is not
substantively the same as a provision of this chapter, a
regulation prescribed under this chapter, or a hazardous
materials transportation security regulation or directive
issued by the Secretary of Homeland Security, is preempted:
(A) * * *
* * * * * * *
(D) the [written] notification, recording, and
reporting of the unintentional release in
transportation of hazardous material.
* * * * * * *
(c) Compliance With Section 5112(b) Regulations.--(1) Except
as provided in paragraph (2) of this subsection, after the last
day of the 2-year period beginning on the date a regulation is
prescribed under section 5112(b) of this title, a State or
Indian tribe may establish, maintain, or enforce a highway
routing designation over which hazardous material may or may
not be transported by motor vehicles, or a limitation or
requirement related to highway routing, only if the
designation, limitation, or requirement complies with section
5112(b)[.] and is published in the Department's hazardous
material route registry under section 5112(c).
* * * * * * *
(d) Decisions on Preemption.--(1) A person (including a
State, political subdivision of a State, or Indian tribe)
directly affected by a requirement of a State, political
subdivision, or tribe may apply to the Secretary, as provided
by regulations prescribed by the Secretary, for a decision on
whether the requirement is preempted by subsection (a), (b)(1),
or (c) of this section [or section 5119(f)]. The Secretary
shall publish notice of the application in the Federal
Register. The Secretary shall issue a decision on an
application for a determination within 180 days after the date
of the publication of the notice of having received such
application, or the Secretary shall publish a statement in the
Federal Register of the reason why the Secretary's decision on
the application is delayed, along with an estimate of the
additional time necessary before the decision is made. After
notice is published, an applicant may not seek judicial relief
on the same or substantially the same issue until the Secretary
takes final action on the application or until 180 days after
the application is filed, whichever occurs first.
* * * * * * *
(e) Waiver of Preemption.--A State, political subdivision of
a State, or Indian tribe may apply to the Secretary for a
waiver of preemption of a requirement the State, political
subdivision, or tribe acknowledges is preempted by subsection
(a), (b)(1), or (c) of this section [or section 5119(f)]. Under
a procedure the Secretary prescribes by regulation, the
Secretary may waive preemption on deciding the requirement--
(1) * * *
* * * * * * *
(f) Fees.--(1) * * *
(2) A State or political subdivision thereof or Indian tribe
that levies a fee in connection with the transportation of
hazardous materials shall[, upon the Secretary's request,]
biennially report to the Secretary on--
(A) * * *
* * * * * * *
(g) Application of Each Preemption Standard.--Each standard
for preemption in subsection (a), (b)(1), or (c)[, and in
section 5119(f),] is independent in its application to a
requirement of a State, political subdivision of a State, or
Indian tribe.
[(h) Non-Federal Enforcement Standards.--This section does
not apply to any procedure, penalty, required mental state, or
other standard utilized by a State, political subdivision of a
State, or Indian tribe to enforce a requirement applicable to
the transportation of hazardous material.]
* * * * * * *
[Sec. 5128. Authorization of appropriations
[(a) In General.--In order to carry out this chapter (except
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the
following amounts are authorized to be appropriated to the
Secretary:
[(1) For fiscal year 2005, $24,940,000.
[(2) For fiscal year 2006, $29,000,000.
[(3) For fiscal year 2007, $30,000,000.
[(4) For fiscal year 2008, $30,000,000.
[(b) Hazardous Materials Emergency Preparedness Fund.--There
shall be available to the Secretary, from the account
established pursuant to section 5116(i), for each of fiscal
years 2005 through 2008 the following:
[(1) To carry out section 5115, $200,000.
[(2) To carry out sections 5116(a) and (b),
$21,800,000 to be allocated as follows:
[(A) $5,000,000 to carry out section 5116(a).
[(B) $7,800,000 to carry out section 5116(b).
[(C) Of the amount provided for by this
paragraph for a fiscal year in excess of the
suballocations in subparagraphs (A) and (B)--
[(i) 35 percent shall be used to
carry out section 5116(a); and
[(ii) 65 percent shall be used to
carry out section 5116(b),
except that the Secretary may increase the
proportion to carry out section 5116(b) and
decrease the proportion to carry out section
5116(a) if the Secretary determines that such
reallocation is appropriate to carry out the
intended uses of these funds as described in
the applications submitted by States and Indian
tribes.
[(3) To carry out section 5116(f), $150,000.
[(4) To publish and distribute the Emergency Response
Guidebook under section 5116(i)(3), $625,000.
[(5) To carry out section 5116(j), $1,000,000.
[(c) Hazmat Training Grants.--There shall be available to the
Secretary, from the account established pursuant to section
5116(i), to carry out section 5107(e) $4,000,000 for each of
fiscal years 2005 through 2008.
[(d) Issuance of Hazmat Licenses.--There are authorized to be
appropriated for the Department of Transportation such amounts
as may be necessary to carry out section 5103a.
[(e) Credits to Appropriations.--The Secretary may credit to
any appropriation to carry out this chapter an amount received
from a State, Indian tribe, or other public authority or
private entity for expenses the Secretary incurs in providing
training to the State, authority, or entity.
[(f) Availability of Amounts.--Amounts made available by or
under this section remain available until expended.]
Sec. 5128. Authorization of appropriations
(a) In General.--In order to carry out this chapter (except
sections 5108(g)(2), 5113, 5115, 5116, and 5119), there are
authorized to be appropriated to the Secretary $39,000,000 for
each of fiscal years 2012 through 2016.
(b) Hazardous Material Emergency Preparedness Fund.--For each
of the fiscal years 2012 through 2016, there shall be available
to the Secretary, from the account established pursuant to
section 5116(i), the following:
(1) To carry out section 5115, $188,000.
(2) To carry out subsections (a) and (b) of section
5116, $21,800,000.
(3) To carry out section 5116(f), $150,000.
(4) To publish and distribute the Emergency Response
Guidebook under section 5116(j)(3), $625,000.
(5) To carry out section 5116(j), $1,000,000.
(c) Issuance of Hazmat Licenses.--There are authorized to be
appropriated to the Secretary such amounts as may be necessary
to carry out section 5103a.
(d) Credits to Appropriations.--The Secretary may credit to
any appropriation to carry out this chapter an amount received
from a State, Indian tribe, or other public authority or
private entity for expenses the Secretary incurs in providing
training to the State, tribe, authority, or entity.
(e) Uniform Forms and Procedures.--There are authorized to be
appropriated to the Secretary $1,000,000 to carry out section
5119. This amount shall remain available to be expended by the
Secretary for the 6-year period that begins on the date of
enactment of this section.
(f) Availability of Amounts.--Amounts made available by or
under this section, except for the amount under subsection (e),
shall remain available until expended.
CHAPTER 52--TRANSPORTATION PLANNING
Sec.
5201. Policy.
5202. Definitions.
5203. Metropolitan transportation planning.
5204. Statewide transportation planning.
5205. National strategic transportation plan.
5206. National performance management system.
Sec. 5201. Policy
(a) In General.--It is in the national interest to--
(1) encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and between States and urbanized
areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes identified
in this chapter; and
(2) encourage the continued improvement and evolution
of the metropolitan and statewide transportation
planning processes by metropolitan planning
organizations, State departments of transportation, and
public transportation operators as guided by the
planning factors identified in sections 5203(f) and
5204(d).
(b) Common Transportation Planning Program.--This chapter
provides a common transportation planning program to be
administered by the Federal Highway Administration and the
Federal Transit Administration.
Sec. 5202. Definitions
In this chapter, the following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under section 5203(c).
(2) Metropolitan long-range transportation plan.--The
term ``metropolitan long-range transportation plan''
means a long-range transportation plan developed by an
MPO under section 5203 for a metropolitan planning
area.
(3) Metropolitan planning organization; mpo.--The
term ``metropolitan planning organization'' or ``MPO''
means the policy board of an organization created as a
result of the designation process in section 5203(b).
(4) Metropolitan transportation improvement program;
metropolitan tip.--The term ``metropolitan
transportation improvement program'' or ``metropolitan
TIP'' means a transportation improvement program
developed by an MPO under section 5203 for a
metropolitan planning area.
(5) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(6) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(7) Regional transportation planning organization.--
The term ``regional transportation planning
organization'' means a policy board of an organization
created as the result of a designation under section
5204(k).
(8) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(9) State.--The term ``State'' means any of the 50
States, the District of Columbia, or Puerto Rico.
(10) Statewide strategic long-range transportation
plan.--The term ``statewide strategic long-range
transportation plan'' means a strategic long-range
transportation plan developed by a State under section
5204 for all areas of the State.
(11) Statewide transportation improvement program;
statewide tip.--The term ``statewide transportation
improvement program'' or ``statewide TIP'' means a
transportation improvement program developed by a State
under section 5204 for all areas of the State.
(12) Urbanized area.--The term ``urbanized area''
means a geographic area with a population of 50,000 or
more, as designated by the Bureau of the Census.
Sec. 5203. Metropolitan transportation planning
(a) General Requirements.--
(1) Development of metropolitan long-range plans and
tips.--To accomplish the objectives set forth in
section 5201, metropolitan planning organizations
designated under subsection (b), in cooperation with
the State and public transportation operators, shall
develop metropolitan long-range transportation plans
and transportation improvement programs for
metropolitan planning areas of the State.
(2) Contents.--Metropolitan long-range transportation
plans and TIPs shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways, bicycle transportation facilities, and
intermodal facilities that support intercity
transportation, including intercity buses and intercity
bus facilities) that will function as an intermodal
transportation system for the metropolitan planning
area and as an integral part of an intermodal
transportation system for the State and the United
States.
(3) Process of development.--The process for
developing metropolitan long-range transportation plans
and TIPs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be
addressed.
(b) Designation of MPOs.--
(1) In general.--To carry out the transportation
planning process required by this section, an MPO shall
be designated for an urbanized area with a population
of more than 100,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
named by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--An MPO that serves an area designated
as a transportation management area, when designated or
redesignated under this subsection, shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area; and
(C) appropriate State officials.
(3) Limitation on statutory construction.--Nothing in
this subsection may be construed to interfere with the
authority, under any State law in effect on December
18, 1991, of a public agency with multimodal
transportation responsibilities to--
(A) develop metropolitan long-range
transportation plans or TIPs for adoption by an
MPO; and
(B) develop long-range capital plans,
coordinate public transportation services or
projects, or carry out other activities
pursuant to State law.
(4) Continuing designation.--A designation of an MPO
under this subsection or any other provision of law
shall remain in effect until the MPO is redesignated
under paragraph (5) or revoked by agreement among the
Governor and units of general purpose local government
that together represent at least 75 percent of the
affected population or as otherwise provided under
State or local procedures.
(5) Redesignation procedures.--An MPO may be
redesignated by agreement between the Governor and
units of general purpose local government that together
represent at least 75 percent of the existing planning
area population (including the largest incorporated
city (based on population) as named by the Bureau of
the Census) as appropriate to carry out this section.
(6) Designation of multiple mpos.--More than 1 MPO
may be designated within an existing metropolitan
planning area only if the Governor and the existing MPO
determine that the size and complexity of the existing
metropolitan planning area make designation of more
than 1 MPO for the area appropriate.
(c) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the MPO and the
Governor.
(2) Included area.--A metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the metropolitan long-range
transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing MPO.
(4) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.) as of August 10, 2005, the
boundaries of the metropolitan planning area in
existence as of such date shall be retained, except
that the boundaries may be adjusted by agreement of the
Governor and affected MPOs in the manner described in
subsection (b)(5).
(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after August 10, 2005, as a nonattainment
area for ozone or carbon monoxide, the boundaries of
the metropolitan planning area--
(A) shall be established in the manner
described in subsection (b)(1);
(B) shall encompass the areas described in
subsection (c)(2)(A);
(C) may encompass the areas described in
subsection (c)(2)(B); and
(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.
(d) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage a
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate MPOs
to provide coordinated transportation planning for the
entire metropolitan area.
(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
(A) to enter into agreements or compacts, not
in conflict with any law of the United States,
for cooperative efforts and mutual assistance
in support of activities authorized under this
section as the activities pertain to interstate
areas and localities within the States; and
(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(e) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 MPO has
authority within a metropolitan area or an area that is
designated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, each MPO shall
consult with the other MPOs designated for such area
and the State in the coordination of metropolitan long-
range transportation plans and TIPs.
(2) Transportation improvements located in areas
represented by multiple mpos.--If a transportation
improvement, funded from the Highway Trust Fund or
authorized under chapter 53 of this title, is located
within the boundaries of more than 1 metropolitan
planning area, the MPOs shall coordinate metropolitan
long-range transportation plans and TIPs regarding the
transportation improvement.
(3) Relationship with other planning officials.--The
Secretary shall encourage an MPO to consult with
officials responsible for other types of planning
activities that are affected by transportation in the
area (including State and local planned growth,
economic development, environmental protection, airport
operations, and freight movements) or to coordinate its
planning process, to the maximum extent practicable,
with such planning activities. Under the metropolitan
planning process, metropolitan long-range
transportation plans and TIPs shall be developed with
due consideration of other related planning activities
within the metropolitan area, and the process shall
provide for the design and delivery of transportation
services within the metropolitan area that are provided
by--
(A) recipients of assistance under chapter
53;
(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive
Federal assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services; and
(C) recipients of assistance under sections
202 and 203 of title 23.
(f) Scope of Planning Process.--
(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and for freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
(G) promote efficient system management and
operation, including through the use of
intelligent transportation systems;
(H) emphasize the preservation of the
existing transportation system; and
(I) support intermodal facilities or
facilitate regional growth.
(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under title 23, chapter
53 of this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
metropolitan long-range transportation plan or TIP, a
project or strategy, or the certification of a planning
process.
(g) Development of Long-Range Transportation Plan.--
(1) In general.--
(A) Existing and former nonattainment
areas.--An MPO shall prepare and update a
metropolitan long-range transportation plan for
its metropolitan planning area in accordance
with the requirements of this subsection. The
MPO shall prepare and update the plan every 4
years (or more frequently, if the MPO elects to
update more frequently) in the case of each of
the following:
(i) Any area designated as
nonattainment, as defined in section
107(d) of the Clean Air Act (42 U.S.C.
7407(d)).
(ii) Any area that was nonattainment
and subsequently designated to
attainment in accordance with section
107(d)(3) of that Act (42 U.S.C.
7407(d)(3)) and that is subject to a
maintenance plan under section 175A of
that Act (42 U.S.C. 7505a).
(B) Other areas.--In the case of any other
area required to have a metropolitan long-range
transportation plan, the MPO shall prepare and
update the plan every 5 years unless the MPO
elects to update more frequently.
(2) Long-range transportation plan.--A metropolitan
long-range transportation plan shall be in a form that
the Secretary determines to be appropriate and shall
contain, at a minimum, the following:
(A) Identification of transportation
facilities.--An identification of
transportation facilities (including major
roadways, public transportation facilities,
intercity bus facilities, multimodal and
intermodal facilities, and intermodal
connectors) that should function as an
integrated metropolitan transportation system,
giving emphasis to those facilities that serve
important national and regional transportation
functions. In formulating the plan, the MPO
shall consider factors described in subsection
(f) and other relevant data and factors
disseminated by the Secretary pursuant to
section 5205(b) as such factors relate to a 20-
year forecast period.
(B) Mitigation activities.--
(i) In general.--A metropolitan long-
range transportation plan shall include
a discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
(C) Financial plan.--
(i) In general.--A financial plan
that--
(I) demonstrates how the
adopted metropolitan long-range
transportation plan can be
implemented;
(II) indicates resources from
public and private sources that
are reasonably expected to be
made available to carry out the
metropolitan long-range
transportation plan;
(III) recommends any
additional financing strategies
for needed projects and
programs; and
(IV) may include, for
illustrative purposes,
additional projects that would
be included in the adopted
metropolitan long-range
transportation plan if
reasonable additional resources
beyond those identified in the
financial plan were available.
(ii) Estimates of funds.--For the
purpose of developing the metropolitan
long-range transportation plan, the
MPO, public transportation operator,
and State shall cooperatively develop
estimates of funds that will be
available to support plan
implementation.
(D) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
(E) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs.
(3) Intercity bus.--A metropolitan long-range
transportation plan shall consider the role intercity
buses may play in reducing congestion, pollution, and
energy consumption in a cost-effective manner and
strategies and investments that preserve and enhance
intercity bus systems, including systems that are
privately owned and operated.
(4) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act, the MPO
shall coordinate the development of a metropolitan
long-range transportation plan with the process for
development of the transportation control measures of
the State implementation plan required by that Act.
(5) Consultation; comparisons.--
(A) Consultation.--A metropolitan long-range
transportation plan shall be developed, as
appropriate, in consultation with State and
local agencies responsible for land use
management, natural resources, environmental
protection, conservation, and historic
preservation.
(B) Comparisons.--Consultation under
subparagraph (A) shall involve, as appropriate,
a comparison of the metropolitan long-range
transportation plan--
(i) to State conservation plans and
maps, if available; and
(ii) to inventories of natural and
historic resources, if available.
(6) Participation by interested parties.--
(A) In general.--An MPO shall provide
citizens, affected public agencies,
representatives of public transportation
employees, freight shippers, providers of
freight transportation services, private
providers of transportation, including
intercity bus services, representatives of
users of public transportation, representatives
of users of pedestrian walkways and bicycle
transportation facilities, representatives of
the disabled, and other interested parties with
a reasonable opportunity to comment on its
metropolitan long-range transportation plan.
(B) Contents of participation plan.--A
participation plan shall--
(i) be developed in consultation with
all interested parties; and
(ii) provide that all interested
parties have reasonable opportunities
to comment on the contents of the
metropolitan long-range transportation
plan.
(C) Methods.--In carrying out subparagraph
(A), the MPO shall, to the maximum extent
practicable--
(i) hold any public meetings at
convenient and accessible locations and
times;
(ii) employ visualization techniques
to describe plans; and
(iii) make public information
available in electronically accessible
format and means, such as the Internet,
as appropriate to afford a reasonable
opportunity for consideration of public
information under subparagraph (A).
(7) Publication.--A metropolitan long-range
transportation plan involving Federal participation
shall be published or otherwise made readily available
by the MPO for public review (including to the maximum
extent practicable in electronically accessible formats
and means, such as the Internet) approved by the MPO,
and submitted for information purposes to the Governor,
at such times and in such manner as the Secretary shall
establish.
(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or MPO shall
not be required to select any project from the
illustrative list of additional projects included in
the financial plan under such paragraph.
(h) Metropolitan TIP.--
(1) Development.--
(A) In general.--In cooperation with the
State and any affected public transportation
operator, the MPO designated for a metropolitan
area shall develop a metropolitan TIP for the
area for which the organization is designated.
(B) Opportunity for comment.--In developing
the metropolitan TIP, the MPO, in cooperation
with the State and any affected public
transportation operator, shall provide an
opportunity for participation by interested
parties in the development of the program, in
accordance with subsection (g)(6).
(C) Funding estimates.--For the purpose of
developing the metropolitan TIP, the MPO,
public transportation agency, and State shall
cooperatively develop estimates of funds that
are reasonably expected to be available to
support program implementation.
(D) Updating and approval.--The metropolitan
TIP shall be updated at least once every 4
years and shall be approved by the MPO and the
Governor.
(2) Contents.--
(A) Priority list.--The metropolitan TIP
shall include a priority list of proposed
federally supported projects and strategies to
be carried out within each 4-year period after
the initial adoption of the metropolitan TIP.
(B) Financial plan.--The metropolitan TIP
shall include a financial plan that--
(i) demonstrates how the metropolitan
TIP can be implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the metropolitan TIP;
(iii) identifies innovative financing
techniques to finance projects,
programs, and strategies; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved
metropolitan TIP if reasonable
additional resources beyond those
identified in the financial plan were
available.
(C) Descriptions.--A project in the
metropolitan TIP shall include sufficient
descriptive material (such as type of work,
termini, length, and other similar factors) to
identify the project or phase of the project.
(3) Included projects.--
(A) Projects under title 23 and chapter 53 of
this title.--A metropolitan TIP for an area
shall include the projects within the area that
are proposed for funding under chapter 1 of
title 23 and chapter 53 of this title.
(B) Projects under chapter 2 of title 23.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
metropolitan TIP.
(ii) Other projects.--Projects
proposed for funding under such chapter
that are not determined to be
regionally significant shall be grouped
in one line item or identified
individually in the metropolitan TIP.
(C) Consistency with long-range
transportation plan.--A project shall be
consistent with the metropolitan long-range
transportation plan for the area.
(D) Requirement of anticipated full
funding.--The program shall include a project,
or the identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
(E) TIP modifications by governor.--
(i) In general.--Notwithstanding any
other provisions of this section or
section 5204, if a State and an MPO
fail to agree on programming a project
of statewide significance on the
Interstate System (as defined in
section 101(a) of title 23) into a
metropolitan TIP, the Governor may
modify the metropolitan TIP to add the
project without approval or endorsement
by the MPO.
(ii) Conforming amendments to
metropolitan long-range transportation
plan.--If the Governor modifies a
metropolitan TIP under clause (i), the
MPO shall amend its metropolitan long-
range transportation plan to be
consistent with the modified
metropolitan TIP.
(4) Notice and comment.--Before approving a
metropolitan TIP, an MPO, in cooperation with the State
and any affected public transportation operator, shall
provide an opportunity for participation by interested
parties in the development of the program, in
accordance with subsection (g)(5).
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in subsection (i)(4) and in addition to the
metropolitan TIP development required under
paragraph (1), the selection of federally
funded projects in metropolitan areas shall be
carried out from the approved metropolitan
TIP--
(i) by--
(I) in the case of projects
under title 23, the State; and
(II) in the case of projects
under chapter 53, the
designated recipients of public
transportation funding; and
(ii) in cooperation with the MPO.
(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
metropolitan TIP in place of another project in
the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or MPO shall not
be required to select any project from the
illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
(B) Required action by the secretary.--Action
by the Secretary shall be required for a State
or MPO to select any project from the
illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved
metropolitan TIP.
(7) Publication.--
(A) Publication of tips.--A metropolitan TIP
involving Federal participation shall be
published or otherwise made readily available,
including on the Internet, by the MPO for
public review.
(B) Publication of annual listings of
projects.--An annual listing of projects
(including investments in pedestrian walkways,
bicycle transportation facilities, and
intermodal facilities that support intercity
transportation) for which Federal funds have
been obligated in the preceding year shall be
published or otherwise made available,
including on the Internet, by the cooperative
effort of the State, public transportation
operator, and MPO for public review. The
listing shall be consistent with the categories
identified in the metropolitan TIP.
(i) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the MPO designated for the
area.
(2) Long-range transportation plans.--In a
transportation management area, metropolitan long-range
transportation plans shall be based on a continuing and
comprehensive transportation planning process carried
out by the MPO in cooperation with the State and public
transportation operators.
(3) Congestion management process.--Within a
metropolitan planning area serving a transportation
management area, the transportation planning process
under this section shall address congestion management
through a process that provides for effective
management and operation, based on a cooperatively
developed and implemented metropolitan-wide strategy,
of new and existing transportation facilities eligible
for funding under title 23 and chapter 53 of this title
through the use of travel demand reduction, intelligent
transportation systems, and operational management
strategies. The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but not sooner than 1 year
after the identification of a transportation management
area.
(4) Selection of projects.--
(A) In general.--All federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under title 23
(excluding projects carried out on the National
Highway System under such title) or under
chapter 53 of this title shall be selected for
implementation from the approved metropolitan
TIP by the MPO designated for the area in
consultation with the State and any affected
public transportation operator.
(B) National highway system projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System under title 23 shall be selected
for implementation from the approved
metropolitan TIP by the State in cooperation
with the MPO designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of an MPO serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
(ii) there is a metropolitan TIP for
the metropolitan planning area that has
been approved by the MPO and the
Governor.
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
the metropolitan planning process of an
MPO serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the MPO for projects
funded under title 23 and chapter 53 of
this title.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(j) Abbreviated Plans for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated metropolitan long-range transportation plan
and TIP for the metropolitan planning area that the
Secretary determines is appropriate to achieve the
purposes of this section, taking into account the
complexity of transportation problems in the area.
(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act.
(k) Additional Requirements for Certain Nonattainment
Areas.--
(1) In general.--Notwithstanding any other provision
of title 23, this chapter, or chapter 53 of this title,
for transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act, Federal funds may not be advanced in
such area for any highway project that will result in a
significant increase in the carrying capacity for
single-occupant vehicles unless the project is
addressed through a congestion management process.
(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (c).
(l) Limitation on Statutory Construction.--Nothing in this
section may be construed to confer on an MPO the authority to
impose legal requirements on any transportation facility,
provider, or project not eligible under title 23 or chapter 53
of this title.
(m) Funding.--Funds set aside under section 104(f) of title
23 or section 5305(g) of this title shall be available to carry
out this section.
(n) Continuation of Current Review Practice.--Since
metropolitan long-range transportation plans and TIPs are
subject to a reasonable opportunity for public comment, since
individual projects included in such plans and TIPs are subject
to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning such plans and TIPs have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning such plans and TIPs shall not be considered to be a
Federal action subject to review under that Act.
Sec. 5204. Statewide transportation planning
(a) General Requirements.--
(1) Development of plans and programs.--To accomplish
the objectives stated in section 5201, a State shall
develop a statewide strategic long-range transportation
plan and a statewide transportation improvement program
for all areas of the State, subject to section 5203.
(2) Contents.--Statewide strategic long-range
transportation plans and TIPs shall provide for the
development and integrated management and operation of
transportation systems and facilities (including
accessible pedestrian walkways, bicycle transportation
facilities, and intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities) that will function as an
intermodal transportation system for the State and an
integral part of an intermodal transportation system
for the United States.
(3) Process of development.--The process for
developing statewide strategic long-range
transportation plans and TIPs shall provide for
consideration of all modes of transportation and the
policies stated in section 5201, and shall be
continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 5203 for metropolitan areas
of the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.--
(1) In general.--The consent of Congress is granted
to 2 or more States entering into agreements or
compacts, not in conflict with any law of the United
States, for cooperative efforts and mutual assistance
in support of activities authorized under this section
related to interstate areas and localities in the
States and establishing authorities the States consider
desirable for making the agreements and compacts
effective.
(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(d) Scope of Planning Process.--
(1) In general.--A State shall carry out a statewide
transportation planning process that provides for
consideration and implementation of projects,
strategies, and services that will--
(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
(G) promote efficient system management and
operation, including through the use of
intelligent transportation systems; and
(H) emphasize the preservation of the
existing transportation system.
(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under title 23, chapter
53 of this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
statewide strategic long-range transportation plan or
TIP, a project or strategy, or the certification of a
planning process.
(e) Additional Requirements.--In carrying out planning under
this section, a State shall, at a minimum--
(1) with respect to nonmetropolitan areas, cooperate
with affected nonmetropolitan local officials or, if
applicable, through regional transportation planning
organizations described in subsection (k);
(2) consider the concerns of Indian tribal
governments and Federal land management agencies that
have jurisdiction over land within the boundaries of
the State; and
(3) coordinate statewide long-range transportation
plans and TIPs and planning activities with related
planning activities being carried out outside of
metropolitan planning areas and between States.
(f) Statewide Strategic Long-Range Transportation Plan.--
(1) Development.--
(A) In general.--A State shall develop a
statewide strategic long-range transportation
plan, with a minimum 20-year forecast period
for all areas of the State, that provides for
the development and implementation of the
intermodal interconnected transportation system
of the State.
(B) Statewide strategic long-range
transportation plan requirements.--
(i) National transportation
statistics.--In developing a statewide
strategic long-range transportation
plan, the State shall consider the data
and factors disseminated by the
Secretary pursuant to section 5205(b)
for that particular State.
(ii) Transportation projects that are
of statewide, regional, and national
importance.--The State shall identify
transportation projects across all
modes of transportation in the State
that have statewide, regional, and
national significance. In identifying
these projects, the State shall
consider the factors described in
section 5205(b).
(iii) States with congested
airports.--If a State has an airport in
its jurisdiction that had at least 1
percent of all delayed aircraft
operations in the United States, as
identified by the Federal Aviation
Administration's Airport Capacity
Benchmark Report, the statewide
strategic long-range transportation
plan shall include measures to
alleviate congestion at that airport
either through expansion or the
development of additional facilities.
(iv) States with congested freight
rail corridors.--If data from the
Department of Transportation and the
freight railroad industry project that
a State has freight railroad corridors
that operate at levels of service that
are at or exceed capacity, the
statewide strategic long-range
transportation plan shall include
measures by which the State department
of transportation and the freight
railroads provide relief for the
congested corridors.
(v) States with deep draft ports.--If
a State has a deep draft port, the
statewide strategic long-range
transportation plan shall take into
account any plan for expansion at that
port and any projected increase in
shipping traffic at that port.
(vi) States with navigable inland
waterways.--A State that has navigable
inland waterways shall include in its
statewide strategic long-range
transportation plan any plans to use
those waterways to facilitate the
efficient and reliable transportation
of freight and people.
(vii) Project interconnectivity.--In
developing a statewide strategic long-
range transportation plan, the State
shall ensure interconnectivity for
freight and passengers between
different facilities and between
different modes of transportation.
(viii) Cost estimates for projects
that are of statewide, regional, and
national importance.--In developing the
statewide strategic long-range
transportation plan, the State shall
include estimates of the costs of each
of the projects identified in clause
(ii).
(2) Consultation with governments.--
(A) Metropolitan areas.--The statewide
strategic long-range transportation plan shall
be developed for each metropolitan area in the
State in cooperation with the metropolitan
planning organization designated for the
metropolitan area under section 5203.
(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide strategic
long-range transportation plan shall be
developed in cooperation with affected
nonmetropolitan local officials or, if
applicable, through regional transportation
planning organizations described in subsection
(k).
(C) Indian tribal areas.--With respect to an
area of the State under the jurisdiction of an
Indian tribal government, the statewide
strategic long-range transportation plan shall
be developed in consultation with the tribal
government and the Secretary of the Interior.
(D) Consultation; comparisons.--
(i) Consultation.--A statewide
strategic long-range transportation
plan shall be developed, as
appropriate, in consultation with
State, tribal, regional, and local
agencies responsible for land use
management, natural resources,
environmental protection, conservation,
and historic preservation.
(ii) Comparisons.--Consultation under
clause (i) shall involve, as
appropriate, comparison of statewide
strategic long-range transportation
plans--
(I) to State and tribal
conservation plans and maps, if
available; and
(II) to inventories of
natural and historic resources,
if available.
(3) Participation by interested parties.--
(A) In general.--The State shall provide
citizens, affected public agencies,
representatives of public transportation
employees, freight shippers, providers of
freight transportation services, private
providers of transportation, including
intercity bus services, representatives of
users of public transportation, representatives
of users of pedestrian walkways and bicycle
transportation facilities, representatives of
the disabled, and other interested parties with
a reasonable opportunity to comment on the
statewide strategic long-range transportation
plan.
(B) Methods.--In carrying out subparagraph
(A), the State shall, to the maximum extent
practicable--
(i) hold any public meetings at
convenient and accessible locations and
times;
(ii) employ visualization techniques
to describe plans; and
(iii) make public information
available in electronically accessible
format and means, such as the Internet,
as appropriate to afford a reasonable
opportunity for consideration of public
information under subparagraph (A).
(4) Mitigation activities.--
(A) In general.--A statewide strategic long-
range transportation plan shall include a
discussion of potential environmental
mitigation activities and potential areas to
carry out these activities, including
activities that may have the greatest potential
to restore and maintain the environmental
functions affected by the plan.
(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
(5) Financial plan.--The statewide strategic long-
range transportation plan may include a financial plan
that--
(A) demonstrates how the adopted statewide
strategic long-range transportation plan can be
implemented;
(B) indicates resources from public and
private sources that are reasonably expected to
be made available to carry out the statewide
strategic long-range transportation plan;
(C) recommends any additional financing
strategies for needed projects and programs;
and
(D) may include, for illustrative purposes,
additional projects that would be included in
the adopted statewide strategic long-range
transportation plan if reasonable additional
resources beyond those identified in the
financial plan were available.
(6) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (5).
(7) Existing system.--A statewide strategic long-
range transportation plan should include capital,
operations, and management strategies, investments,
procedures, and other measures to ensure the
preservation and most efficient use of the existing
transportation system.
(8) Intercity bus.--A statewide strategic long-range
transportation plan shall consider the role intercity
buses may play in reducing congestion, pollution, and
energy consumption in a cost-effective manner and
strategies and investments that preserve and enhance
intercity bus systems, including systems that are
privately owned and operated.
(9) Publication of statewide strategic long-range
transportation plans.--A statewide strategic long-range
transportation plan prepared by a State shall be
published or otherwise made available, including to the
maximum extent practicable in electronically accessible
formats and means, such as the Internet.
(g) Statewide TIP.--
(1) Development.--A State shall develop a statewide
TIP for all areas of the State. Such program shall
cover a period of 4 years and be updated every 4 years
or more frequently if the Governor elects to update
more frequently.
(2) Consultation with governments.--
(A) Metropolitan areas.--With respect to a
metropolitan area in the State, the program
shall be developed in cooperation with the MPO
designated for the metropolitan area under
section 5203.
(B) Nonmetropolitan areas.--With respect to a
nonmetropolitan area in the State, the program
shall be developed in cooperation with affected
nonmetropolitan local officials or, if
applicable, through regional transportation
planning organizations described in subsection
(k).
(C) Indian tribal areas.--With respect to an
area of the State under the jurisdiction of an
Indian tribal government, the program shall be
developed in consultation with the tribal
government and the Secretary of the Interior.
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
(4) Included projects.--
(A) In general.--A statewide TIP developed
for a State shall include federally supported
surface transportation expenditures within the
boundaries of the State.
(B) Listing of projects.--An annual listing
of projects for which funds have been obligated
in the preceding year in each metropolitan
planning area shall be published or otherwise
made available by the cooperative effort of the
State, public transportation operator, and the
MPO for public review. The listing shall be
consistent with the funding categories
identified in each metropolitan TIP.
(C) Projects under chapter 2 of title 23.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
statewide TIP.
(ii) Other projects.--Projects
proposed for funding under such chapter
that are not determined to be
regionally significant shall be grouped
in one line item or identified
individually in the statewide TIP.
(D) Consistency with statewide strategic
long-range transportation plan.--A project
shall be--
(i) consistent with the statewide
strategic long-range transportation
plan developed under this section for
the State;
(ii) identical to the project or
phase of the project as described in an
approved metropolitan long-range
transportation plan;
(iii) identical to the project or
phase of the project as described in a
metropolitan TIP approved by the
Governor; and
(iv) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act, if the project is
carried out in an area designated as
nonattainment for ozone, particulate
matter, or carbon monoxide under that
Act.
(E) Requirement of anticipated full
funding.--The statewide TIP shall include a
project, or the identified phase of a project,
only if full funding can reasonably be
anticipated to be available for the project or
the identified phase within the time period
contemplated for completion of the project or
the identified phase.
(F) Financial plan.--The statewide TIP may
include a financial plan that--
(i) demonstrates how the approved
statewide TIP can be implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be made available to carry
out the statewide TIP;
(iii) recommends any additional
financing strategies for needed
projects and programs; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the adopted
statewide TIP if reasonable additional
resources beyond those identified in
the financial plan were available.
(G) Selection of projects from illustrative
list.--
(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
(ii) Required action by the
secretary.--An action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved statewide
TIP.
(H) Priorities.--The statewide TIP shall
reflect the priorities for programming and
expenditures of funds required by title 23,
this chapter, and chapter 53 of this title.
(5) Project selection for areas without mpos.--
(A) In general.--Except as provided by
subparagraph (B), projects carried out in areas
without a designated MPO shall be selected from
the approved statewide TIP by the State in
cooperation with affected nonmetropolitan local
officials or, if applicable, through regional
transportation planning organizations described
in subsection (k).
(B) NHS projects.--Projects carried out on
the National Highway System under title 23 or
under sections 5311 and 5317 of this title in
areas without a designated MPO shall be
selected from the approved statewide TIP by the
State in consultation with affected
nonmetropolitan local officials.
(6) TIP approval.--Every 4 years, a statewide TIP
shall be reviewed and approved by the Secretary if
based on a current planning finding.
(7) Planning finding.--A finding shall be made by the
Secretary at least once every 4 years that the
transportation planning process through which statewide
strategic long-range transportation plans and TIPs are
developed is consistent with this section and section
5203.
(8) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved statewide TIP in place
of another project in the program.
(h) Funding.--Funds set aside pursuant to sections 104(f) and
505 of title 23 and section 5305(g) of this title shall be
available to carry out this section.
(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5203,
State laws, rules, or regulations pertaining to congestion
management systems or programs may constitute the congestion
management process under this section and section 5203 if the
Secretary finds that the State laws, rules, or regulations are
consistent with, and fulfill the intent of, the purposes of
this section and section 5203, as appropriate.
(j) Continuation of Current Review Practice.--Since statewide
strategic long-range transportation plans and TIPs are subject
to a reasonable opportunity for public comment, individual
projects included in such plans and TIPs are subject to review
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), and decisions by the Secretary concerning such
plans and TIPs have not been reviewed under that Act as of
January 1, 1997, any decision by the Secretary concerning such
plans and TIPS shall not be considered to be a Federal action
subject to review under that Act.
(k) Designation of Regional Transportation Planning
Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a State may
establish and designate regional transportation
planning organizations to enhance the planning,
coordination, and implementation of statewide strategic
long-range transportation plans and TIPs, with an
emphasis on addressing the needs of nonmetropolitan
areas of the State.
(2) Structure.--A regional transportation planning
organization shall be established as a multi-
jurisdictional organization of volunteers from
nonmetropolitan local officials or their designees and
representatives of local transportation systems.
(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
(A) a policy committee, the majority of which
shall consist of nonmetropolitan local
officials, or their designees, and which shall
also include, as appropriate, additional
representatives from the State, private
business, transportation service providers,
economic development practitioners, and the
public in the region; and
(B) a fiscal and administrative agent, such
as an existing regional planning and
development organization, to provide
professional planning, management, and
administrative support.
(4) Duties.--The duties of a regional transportation
planning organization shall include--
(A) developing and maintaining, in
cooperation with the State, regional long-range
multimodal transportation plans;
(B) developing a regional transportation
improvement program for consideration by the
State;
(C) fostering the coordination of local
planning, land use, and economic development
plans with State, regional, and local
transportation plans and programs;
(D) providing technical assistance to local
officials;
(E) participating in national, multistate,
and State policy and planning development
processes to ensure the regional and local
input of nonmetropolitan areas;
(F) providing a forum for public
participation in the statewide and regional
transportation planning processes;
(G) considering and sharing plans and
programs with neighboring regional
transportation planning organizations, MPOs,
and, where appropriate, tribal organizations;
and
(H) conducting other duties, as necessary, to
support and enhance the statewide planning
process under subsection (d).
(5) States without regional transportation planning
organizations.--If a State chooses not to establish or
designate a regional transportation planning
organization, the State shall consult with affected
nonmetropolitan local officials to determine projects
that may be of regional significance.
Sec. 5205. National strategic transportation plan
(a) Development of National Strategic Transportation Plan.--
(1) Development of plan.--
(A) In general.--The Secretary, in
consultation with State departments of
transportation, shall develop a national
strategic transportation plan (in this section
referred to as the ``national plan'') in
accordance with the requirements of this
section.
(B) Solicitation.--Not later than 30 days
after the date of enactment of this section,
the Secretary shall publish in the Federal
Register a solicitation requesting each State
department of transportation to submit to the
Secretary, not later than 90 days after such
date of enactment, a list of projects that the
State recommends for inclusion in the national
plan.
(C) State selection of projects.--In
selecting projects under subparagraph (B), a
State department of transportation shall
consider the elements of the national plan
described in paragraph (2).
(D) Failure to submit recommendations.--If a
State does not submit a list of recommended
projects in accordance with this paragraph, the
Secretary shall select projects in the State
that will be considered for inclusion in the
national plan.
(E) Selection of projects.--Not later than 60
days after the date on which the Secretary
receives a list of recommended projects from a
State department of transportation under this
paragraph, the Secretary shall review the list
and select projects from the list for inclusion
in the national plan.
(F) Basis for selection.--In selecting
projects for inclusion in the national plan,
the Secretary shall consider, at a minimum--
(i) the projects recommended by State
departments of transportation under
this paragraph;
(ii) the ability of projects to
improve mobility by increasing
transportation options for passengers
and freight;
(iii) the degree to which projects
create intermodal links between
different modes of transportation,
including passenger and freight rail,
public transportation, intercity bus,
airports, seaports, and navigable
inland waterways; and
(iv) the ability of projects to
generate national economic benefits,
including--
(I) improvements to economic
productivity through congestion
relief; and
(II) improvements to
passenger and freight movement.
(2) Elements of national plan.--
(A) Role of statewide strategic long-range
transportation plans.--The national plan shall
be modeled after the statewide strategic long-
range transportation plans developed under
section 5204(f).
(B) National and regional transportation
projects.--Giving emphasis to the facilities
that serve important national and regional
transportation functions, the national plan
shall include an identification of
transportation projects (including major
roadways, public transportation facilities,
intercity bus facilities, multimodal and
intermodal facilities, and intermodal
connectors) that facilitate the development
of--
(i) a national transportation system;
and
(ii) an integrated regional
transportation system.
(C) Interconnectivity between states and
regions.--The national plan shall ensure a
level of interconnectivity among transportation
facilities and strategies at State and regional
borders.
(D) Identification of potential high-speed
intercity rail corridors and shipping routes.--
In developing the national plan, the Secretary,
in consultation with State departments of
transportation, shall identify potential high-
speed passenger rail projects and potential
short seas shipping routes.
(E) Intercity bus network.--The national plan
shall identify projects to preserve and expand
the Nation's intercity bus network and provide
interconnectivity to other forms of intercity
and local transportation.
(F) Aerotropolis transportation systems.--The
national plan shall identify aerotropolis
transportation systems that will enhance
economic competitiveness and exports in the
United States by providing efficient, cost-
effective, sustainable, and intermodal
connectivity to a defined region of economic
significance for freight and passenger
transportation.
(G) Cost estimates for projects.--In
developing the national plan, the Secretary
shall include estimates of the costs of each of
the projects and strategies identified in the
national plan and a total cost of all of the
projects and strategies identified in the
national plan.
(3) Issuance and updating of national plan.--
(A) Issuance.--Not later than April 30, 2014,
the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works, the Committee on
Banking, Housing, and Urban Affairs, and the
Committee on Commerce, Science, and
Transportation of the Senate the national plan
developed under this section.
(B) Updates.--At least once every 2 years
after the date of submission of the national
plan under subparagraph (A), the Secretary--
(i) in consultation with State
departments of transportation, shall
update the national plan; and
(ii) shall submit the updated
national plan to the committees
referred to in subparagraph (A).
(b) Dissemination of Transportation Data and Statistics for
Development of Strategic Long-Range Transportation Plans.--
(1) In general.--The Secretary shall develop, and
disseminate to the States, relevant long-range
transportation data and statistics that a State or the
Secretary, as the case may be, shall use in the
development of statewide, regional, and national
strategic long-range transportation plans.
(2) Types of transportation data and statistics to be
developed.--The data and statistics referred to in
paragraph (1) shall include, at a minimum, 20-year
projections--
(A) of population growth in each State;
(B) from the Department of Transportation's
Freight Analysis Framework (referred to in this
paragraph as ``FAF''), including projections
for annual average daily truck flow on specific
highway routes;
(C) from the Department of Transportation's
Highway Performance Monitoring System (referred
to in this paragraph as ``HPMS'') of estimated
peak period congestion on major highway routes
or segments of routes and in metropolitan
areas;
(D) from HPMS and FAF of estimated traffic
volumes on segments of highway that are
projected to be classified as moderately or
highly congested;
(E) from HPMS and FAF for highway
bottlenecks;
(F) of public transportation use in urbanized
areas, including for each urbanized area a
comparison of estimated ridership growth and
estimated public transportation revenue vehicle
miles to available system capacity and current
service levels;
(G) of aviation passenger enplanements and
cargo ton miles flown;
(H) of increases in unmanned aerial system
and general aviation active aircraft and hours
flown;
(I) of capacity-constrained airports and
congested air traffic routes;
(J) of passenger demand for suborbital space
tourism;
(K) of demand on major freight rail lines;
(L) of shipping traffic at United States
ports; and
(M) of intercity bus and passenger rail
ridership demand.
Sec. 5206. National performance management system
(a) Establishment of National Performance Management
System.--
(1) Establishment.--The Secretary shall establish a
national performance management system to track the
Nation's progress toward broad national performance
goals for the Nation's highway and public
transportation systems.
(2) Components.--The National Performance Management
System shall include the following components:
(A) A national performance management goal.
(B) Core performance measures.
(C) Technical guidance.
(D) A State performance management process,
including--
(i) performance targets;
(ii) strategies; and
(iii) reporting requirements.
(b) National Performance Management Goal.--
(1) Establishment.--The Secretary shall establish, in
broad qualitative terms, a national performance
management goal for the Nation's highway and public
transportation systems to ensure economic growth,
safety improvement, and increased mobility.
(2) Consistency with national strategic
transportation plan.--The national strategic
transportation plan, to the greatest extent
practicable, shall be consistent with the national
performance management goal.
(c) Core Performance Measures.--
(1) Establishment.--Not later than 2 years after the
date of enactment of this section, the Secretary, in
collaboration with the States, metropolitan planning
organizations, and public transportation agencies
through the process described in paragraph (4) shall
establish core performance measures.
(2) Implementation.--A State shall be required to
implement the core performance measures as part of the
State's performance management process established in
subsection (e).
(3) Categories.--The core performance measures shall
include not more than 2 measures from each of the
following categories:
(A) Pavement condition on the National
Highway System.
(B) Bridge condition on the National Highway
System.
(C) Highway and motor carrier safety.
(D) Highway safety infrastructure asset
management.
(E) Bike and pedestrian safety.
(F) Highway congestion.
(G) Air emissions and energy consumption.
(H) Freight mobility.
(I) Public transportation state of good
repair.
(J) Public transportation service
availability.
(K) Rural connectivity.
(4) Process.--The core performance measures shall be
established under the following process:
(A) At any time after the date of enactment
of this section, the State departments of
transportation (in consultation with
metropolitan planning organizations and public
transportation agencies), acting through their
national organization, may jointly submit to
the Secretary a complete set of recommended
core performance measures for use in statewide
transportation planning.
(B) The Secretary shall give substantial
weight to the recommendations submitted by the
State departments of transportation, if such
recommendations are submitted not later than 18
months after enactment of this section.
(C) After consultation with the State
departments of transportation regarding the
recommendations, the Secretary shall issue a
notice in the Federal Register announcing the
Secretary's proposed set of core performance
measures and providing an opportunity for
comment.
(D) After considering any comments, the
Secretary shall publish a notice in the Federal
Register not later than 2 years after the date
of enactment of this section announcing the
final set of core performance measures.
(d) Technical Guidance.--
(1) In general.--Not later than 6 months after the
Secretary publishes the final set of core performance
measures in the Federal Register under subsection
(c)(4)(D), the Secretary shall issue technical
guidance, including a uniform methodology for
collecting data, for use by the States in applying the
core performance measures.
(2) Development.--The Secretary shall--
(A) develop the technical guidance in
collaboration with the State departments of
transportation;
(B) give substantial weight to any
recommendations submitted by the State
departments of transportation through their
national organization, if such recommendations
are submitted not later than 3 months after the
Secretary publishes the final set of core
performance measures in the Federal Register
under subsection (c)(4)(D); and
(C) provide a reasonable opportunity for
State departments of transportation to comment
on the technical guidance before it is issued.
(e) State Performance Management Process.--
(1) Establishment of performance targets.--
(A) Initial targets.--Not later than 1 year
after the Secretary publishes the final set of
core performance measures in the Federal
Register under subsection (c)(4)(D), a State
shall amend its statewide strategic long-range
transportation plan to include a target level
of performance for each of the core performance
measures.
(B) Revisions to targets.--A State may revise
its performance targets for the core
performance measures at any time by amending
its statewide strategic long-range
transportation plan and resubmitting the plan
to the Secretary.
(2) Reporting requirements.--
(A) In general.--In order to improve the
outcomes of the transportation planning
process, the States shall implement a national
performance reporting process in accordance
with subparagraphs (B) and (C).
(B) Baseline report.--Not later than 6 months
after adopting its initial performance targets
for the core performance measures pursuant to
paragraph (1)(A), a State shall publish a
baseline report including data from the most
recent year for which data is available for the
full set of core performance measures.
(C) Annual progress reports.--Not later than
18 months after publication of the baseline
report, and annually thereafter, a State shall
publish a report documenting the progress that
the State has made in meeting its performance
targets for the core performance measures.
CHAPTER 53--PUBLIC TRANSPORTATION
Sec.
5301. Policies, findings, and purposes.
* * * * * * *
[5308.Clean fuels grant program.
[5309. Capital investment grants.
[5310. Formula grants for special needs of elderly individuals and
individuals with disabilities.
[5311. Formula grants for other than urbanized areas.
[5312. Research, development, demonstration, and deployment projects.
[5313. Transit cooperative research program.
[5314. National research programs.
[5315. National transit institute.
[5316. Job access and reverse commute formula grants.
[5317. New freedom program.]
5309. Capital investment grants.
5310. Bus and bus facilities formula grants.
5311. Rural area formula grants.
5312. Transit research.
* * * * * * *
5317. Coordinated access and mobility program formula grants.
* * * * * * *
[5320. Alternative transportation in parks and public lands.]
* * * * * * *
[5322. Human resource programs.]
5322. Training and technical assistance programs.
* * * * * * *
5326. Private sector participation.
* * * * * * *
[5337. Apportionment based on fixed guideway factors.]
5337. Fixed guideway modernization program.
* * * * * * *
[5339.Alternatives analysis program.
[5340.Apportionments based on growing States and high density States
formula factors.]
* * * * * * *
Sec. 5302. Definitions
(a) In General.--Except as otherwise specifically provided,
in this chapter, the following definitions apply:
(1) Capital project.--The term ``capital project''
means a project for--
(A) * * *
* * * * * * *
(I) the provision of nonfixed route
paratransit transportation services in
accordance with section 223 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are
in compliance with applicable requirements of
that Act, including both fixed route and demand
responsive service, and only for amounts not to
exceed [10 percent] 15 percent of such
recipient's annual formula apportionment under
sections 5307 and 5311;
* * * * * * *
(12) Rural area.--The term ``rural area'' means an
area encompassing a population of less than 50,000
people that has not been designated in the most recent
decennial census as an ``urbanized area'' by the
Secretary of Commerce.
[(12)] (13) Secretary.--The term ``Secretary'' means
the Secretary of Transportation.
[(13)] (14) State.--The term ``State'' means a State
of the United States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
[(14)] (15) Transit.--The term ``transit'' means
public transportation.
[(15)] (16) Transit enhancement.--The term ``transit
enhancement'' means, with respect to any project or an
area to be served by a project, projects that are
designed to enhance public transportation service or
use and that are physically or functionally related to
transit facilities. Eligible projects are--
(A) * * *
* * * * * * *
[(16)] (17) Urban area.--The term ``urban area''
means an area that includes a municipality or other
built-up place that the Secretary, after considering
local patterns and trends of urban growth, decides is
appropriate for a local public transportation system to
serve individuals in the locality.
[(17)] (18) Urbanized area.--The term ``urbanized
area'' means an area encompassing a population of not
less than 50,000 people that has been defined and
designated in the most recent decennial census as an
``urbanized area'' by the Secretary of Commerce.
* * * * * * *
[Sec. 5303. Metropolitan transportation planning
[(a) Policy.--It is in the national interest to--
[(1) encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and between States and urbanized
areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes identified
in this chapter; and
[(2) encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 5304(d).
[(b) Definitions.--In this section and section 5304, the
following definitions apply:
[(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
[(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization created as a result of the
designation process in subsection (d).
[(3) Nonmetropolitan area.--The term
``nonmetropolitan area'' means a geographic area
outside a designated metropolitan planning area.
[(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
[(5) TIP.--The term ``TIP'' means a transportation
improvement program developed by a metropolitan
planning organization under subsection (j).
[(6) Urbanized area.--The term ``urbanized area''
means a geographic area with a population of 50,000 or
more, as designated by the Bureau of the Census.
[(c) General Requirements.--
[(1) Development of long-range plans and TIPS.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs for metropolitan planning areas of
the State.
[(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
[(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
[(d) Designation of Metropolitan Planning Organizations.--
[(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
[(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
named by the Bureau of the Census); or
[(B) in accordance with procedures
established by applicable State or local law.
[(2) Structure.--Each metropolitan planning
organization that serves an area designated as a
transportation management area, when designated or
redesignated under this subsection, shall consist of--
[(A) local elected officials;
[(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area; and
[(C) appropriate State officials.
[(3) Limitation on statutory construction.--Nothing
in this subsection shall be construed to interfere with
the authority, under any State law in effect on
December 18, 1991, of a public agency with multimodal
transportation responsibilities to--
[(A) develop the plans and TIPs for adoption
by a metropolitan planning organization; and
[(B) develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
[(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).
[(5) Redesignation procedures.--A metropolitan
planning organization may be redesignated by agreement
between the Governor and units of general purpose local
government that together represent at least 75 percent
of the existing planning area population (including the
largest incorporated city (based on population) as
named by the Bureau of the Census) as appropriate to
carry out this section.
[(6) Designation of more than one metropolitan
planning organization.--More than one metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than one metropolitan planning
organization for the area appropriate.
[(e) Metropolitan Planning Area Boundaries.--
[(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
[(2) Included area.--Each metropolitan planning
area--
[(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
[(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
[(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
[(4) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.) as of the date of
enactment of the Federal Public Transportation Act of
2005, the boundaries of the metropolitan planning area
in existence as of such date of enactment shall be
retained; except that the boundaries may be adjusted by
agreement of the Governor and affected metropolitan
planning organizations in the manner described in
subsection (d)(5).
[(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the Federal
Public Transportation Act of 2005 as a nonattainment
area for ozone or carbon monoxide, the boundaries of
the metropolitan planning area--
[(A) shall be established in the manner
described in subsection (d)(1);
[(B) shall encompass the areas described in
paragraph (2)(A);
[(C) may encompass the areas described in
paragraph (2)(B); and
[(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.
[(f) Coordination in Multistate Areas.--
[(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
[(2) Interstate compacts.--The consent of Congress is
granted to any two or more States--
[(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual
assistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the
States; and
[(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
[(3) Lake Tahoe region.--
[(A) Definition.--In this paragraph, the term
``Lake Tahoe region'' has the meaning given the
term ``region'' in subdivision (a) of article
II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law
96-551 (94 Stat. 3234).
[(B) Transportation planning process.--The
Secretary shall--
[(i) establish with the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region a transportation planning
process for the region; and
[(ii) coordinate the transportation
planning process with the planning
process required of State and local
governments under this section and
section 5304.
[(C) Interstate compact.--
[(i) In general.--Subject to clause
(ii), and notwithstanding subsection
(b), to carry out the transportation
planning process required by this
section, the consent of Congress is
granted to the States of California and
Nevada to designate a metropolitan
planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California
and Nevada and units of general purpose
local government that together
represent at least 75 percent of the
affected population (including the
central city or cities (as defined by
the Bureau of the Census)), or in
accordance with procedures established
by applicable State or local law.
[(ii) Involvement of Federal land
management agencies.--
[(I) Representation.--The
policy board of a metropolitan
planning organization
designated under clause (i)
shall include a representative
of each Federal land management
agency that has jurisdiction
over land in the Lake Tahoe
region.
[(II) Funding.--For fiscal
year 2008 and each fiscal year
thereafter, in addition to
other funds made available to
the metropolitan planning
organization for the Lake Tahoe
region under this chapter and
title 23, prior to any
allocation under section 202 of
title 23, and notwithstanding
the allocation provisions of
section 202, the Secretary
shall set aside \1/2\ of 1
percent of all funds authorized
to be appropriated for such
fiscal year to carry out
section 204 of title 23, and
shall make such funds available
to the metropolitan planning
organization for the Lake Tahoe
region to carry out the
transportation planning
process, environmental reviews,
preliminary engineering, and
design to complete
environmental documentation for
transportation projects for the
Lake Tahoe region under the
Tahoe Regional Planning Compact
as consented to in Public Law
96-551 (94 Stat. 3233) and this
paragraph.
[(D) Activities.--Highway projects included
in transportation plans developed under this
paragraph--
[(i) shall be selected for funding in
a manner that facilitates the
participation of the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region; and
[(ii) may, in accordance with chapter
2 of title 23, be funded using funds
allocated under section 202 of such
title.
[(4) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
[(g) MPO Consultation in Plan and TIP Coordination.--
[(1) Nonattainment areas.--If more than one
metropolitan planning organization has authority within
a metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act, each metropolitan planning
organization shall consult with the other metropolitan
planning organizations designated for such area and the
State in the coordination of plans and TIPs required by
this section.
[(2) Transportation improvements located in multiple
MPOS.--If a transportation improvement, funded from the
Highway Trust Fund or authorized under this chapter, is
located within the boundaries of more than one
metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding
the transportation improvement.
[(3) Relationship with other planning officials.--The
Secretary shall encourage each metropolitan planning
organization to consult with officials responsible for
other types of planning activities that are affected by
transportation in the area (including State and local
planned growth, economic development, environmental
protection, airport operations, and freight movements)
or to coordinate its planning process, to the maximum
extent practicable, with such planning activities.
Under the metropolitan planning process, transportation
plans and TIPs shall be developed with due
consideration of other related planning activities
within the metropolitan area, and the process shall
provide for the design and delivery of transportation
services within the metropolitan area that are provided
by--
[(A) recipients of assistance under this
chapter;
[(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive
Federal assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services; and
[(C) recipients of assistance under section
204 of title 23.
[(h) Scope of Planning Process.--
[(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
[(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
[(B) increase the safety of the
transportation system for motorized and
nonmotorized users;
[(C) increase the security of the
transportation system for motorized and
nonmotorized users;
[(D) increase the accessibility and mobility
of people and for freight;
[(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
[(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
[(G) promote efficient system management and
operation; and
[(H) emphasize the preservation of the
existing transportation system.
[(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this chapter,
title 23, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
[(i) Development of Transportation Plan.--
[(1) In general.--Each metropolitan planning
organization shall prepare a transportation plan for
its metropolitan planning area in accordance with the
requirements of this subsection. The metropolitan
planning organization shall prepare and update such
plan every 4 years (or more frequently, if the
metropolitan planning organization elects to update
more frequently) in the case of each of the following:
[(A) Any area designated as nonattainment, as
defined in section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d)).
[(B) Any area that was nonattainment and
subsequently designated to attainment in
accordance with section 107(d)(3) of that Act
(42 U.S.C. 7407(d)(3)) and that is subject to a
maintenance plan under section 175A of that Act
(42 U.S.C. 7505a).
In the case of any other area required to have a
transportation plan in accordance with the requirements
of this subsection, the metropolitan planning
organization shall prepare and update such plan every 5
years unless the metropolitan planning organization
elects to update more frequently.
[(2) Transportation plan.--A transportation plan
under this section shall be in a form that the
Secretary determines to be appropriate and shall
contain, at a minimum, the following:
[(A) Identification of transportation
facilities.--An identification of
transportation facilities (including major
roadways, transit, multimodal and intermodal
facilities, and intermodal connectors) that
should function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and
regional transportation functions. In
formulating the transportation plan, the
metropolitan planning organization shall
consider factors described in subsection (h) as
such factors relate to a 20-year forecast
period.
[(B) Mitigation activities.--
[(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
[(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
[(C) Financial plan.--A financial plan that
demonstrates how the adopted transportation
plan can be implemented, indicates resources
from public and private sources that are
reasonably expected to be made available to
carry out the plan, and recommends any
additional financing strategies for needed
projects and programs. The financial plan may
include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional
resources beyond those identified in the
financial plan were available. For the purpose
of developing the transportation plan, the
metropolitan planning organization, transit
operator, and State shall cooperatively develop
estimates of funds that will be available to
support plan implementation.
[(D) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
[(E) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs.
[(F) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities.
[(3) Coordination with Clean Air Act agencies.--In
metropolitan areas which are in nonattainment for ozone
or carbon monoxide under the Clean Air Act, the
metropolitan planning organization shall coordinate the
development of a transportation plan with the process
for development of the transportation control measures
of the State implementation plan required by the Clean
Air Act.
[(4) Consultation.--
[(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, and historic preservation
concerning the development of a long-range
transportation plan.
[(B) Issues.--The consultation shall involve,
as appropriate--
[(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
[(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.
[(5) Participation by interested parties.--
[(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, freight shippers,
providers of freight transportation services,
private providers of transportation,
representatives of users of public
transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled,
and other interested parties with a reasonable
opportunity to comment on the transportation
plan.
[(B) Contents of participation plan.--A
participation plan--
[(i) shall be developed in
consultation with all interested
parties; and
[(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
[(C) Methods.--In carrying out subparagraph
(A), the metropolitan planning organization
shall, to the maximum extent practicable--
[(i) hold any public meetings at
convenient and accessible locations and
times;
[(ii) employ visualization techniques
to describe plans; and
[(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
[(6) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
[(7) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(C).
[(j) Metropolitan TIP.--
[(1) Development.--
[(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the area for which the
organization is designated.
[(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
[(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
[(D) Updating and approval.--The TIP shall be
updated at least once every 4 years and shall
be approved by the metropolitan planning
organization and the Governor.
[(2) Contents.--
[(A) Priority list.--The TIP shall include a
priority list of proposed federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
[(B) Financial plan.--The TIP shall include a
financial plan that--
[(i) demonstrates how the TIP can be
implemented;
[(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
[(iii) identifies innovative
financing techniques to finance
projects, programs, and strategies; and
[(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
[(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
[(3) Included projects.--
[(A) Projects under this chapter and title
23.--A TIP developed under this subsection for
a metropolitan area shall include the projects
within the area that are proposed for funding
under this chapter and chapter 1 of title 23.
[(B) Projects under chapter 2 of title 23.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
transportation improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in one line item or identified
individually in the transportation
improvement program.
[(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
[(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
[(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
[(5) Selection of projects.--
[(A) In general.--Except as otherwise
provided in subsection (k)(4) and in addition
to the TIP development required under paragraph
(1), the selection of federally funded projects
in metropolitan areas shall be carried out,
from the approved TIP--
[(i) by--
[(I) in the case of projects
under title 23, the State; and
[(II) in the case of projects
under this chapter, the
designated recipients of public
transportation funding; and
[(ii) in cooperation with the
metropolitan planning organization.
[(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
[(6) Selection of projects from illustrative list.--
[(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
[(B) Required action by the Secretary.--
Action by the Secretary shall be required for a
State or metropolitan planning organization to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved TIP.
[(7) Publication.--
[(A) Publication of TIPS.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
[(B) Publication of annual listings of
projects.--An annual listing of projects,
including investments in pedestrian walkways
and bicycle transportation facilities, for
which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the cooperative effort of the
State, transit operator, and metropolitan
planning organization for public review. The
listing shall be consistent with the categories
identified in the TIP.
[(C) Rulemaking.--Not later than 180 days
after the date of enactment of the Federal
Public Transportation Act of 2005, the
Secretary shall issue regulations setting
standards for the listing required by
subparagraph (B) and specifying the types of
data to be included in such list, including
sufficient information about each project to
identify its type, location, and amount
obligated.
[(k) Transportation Management Areas.--
[(1) Identification and designation.--
[(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
[(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
[(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
[(3) Congestion management process.--Within a
metropolitan planning area serving a transportation
management area, the transportation planning process
under this section shall address congestion management
through a process that provides for effective
management and operation, based on a cooperatively
developed and implemented metropolitan-wide strategy,
of new and existing transportation facilities eligible
for funding under this chapter and title 23 through the
use of travel demand reduction and operational
management strategies. The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but no sooner than one
year after the identification of a transportation
management area.
[(4) Selection of projects.--
[(A) In general.--All federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under title 23
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program) or under this chapter
shall be selected for implementation from the
approved TIP by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transportation operator.
[(B) National Highway System projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System and projects carried out within
such boundaries under the bridge program or the
Interstate maintenance program under title 23
shall be selected for implementation from the
approved TIP by the State in cooperation with
the metropolitan planning organization
designated for the area.
[(5) Certification.--
[(A) In general.--The Secretary shall--
[(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
[(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
[(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
[(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
[(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
[(C) Effect of failure to certify.--
[(i) Withholding of project funds.--
If a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this chapter and title 23.
[(ii) Restoration of withheld
funds.--The withheld funds shall be
restored to the metropolitan planning
area at such time as the metropolitan
planning process is certified by the
Secretary.
[(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
[(l) Abbreviated Plans for Certain Areas.--
[(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
[(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act.
[(m) Additional Requirements for Certain Nonattainment
Areas.--
[(1) In general.--Notwithstanding any other
provisions of this chapter or title 23, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act, Federal funds may not be advanced in
such area for any highway project that will result in a
significant increase in the carrying capacity for
single-occupant vehicles unless the project is
addressed through a congestion management process.
[(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
[(n) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this chapter or title 23.
[(o) Funding.--Funds set aside under section 5305(g) of this
title or section 104(f) of title 23 shall be available to carry
out this section.
[(p) Continuation of Current Review Practice.--Since plans
and TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
such Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under such
Act.
[Sec. 5304. Statewide transportation planning
[(a) General Requirements.--
[(1) Development of plans and programs.--To
accomplish the objectives stated in section 5303(a),
each State shall develop a statewide transportation
plan and a statewide transportation improvement program
for all areas of the State, subject to section 5303.
[(2) Contents.--The statewide transportation plan and
the transportation improvement program developed for
each State shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the State and an integral part of an intermodal
transportation system for the United States.
[(3) Process of development.--The process for
developing the statewide plan and the transportation
improvement program shall provide for consideration of
all modes of transportation and the policies stated in
section 5303(a), and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be
addressed.
[(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
[(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 5303 for metropolitan areas
of the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
[(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
[(c) Interstate Agreements.--
[(1) In general.--The consent of Congress is granted
to 2 or more States entering into agreements or
compacts, not in conflict with any law of the United
States, for cooperative efforts and mutual assistance
in support of activities authorized under this section
related to interstate areas and localities in the
States and establishing authorities the States consider
desirable for making the agreements and compacts
effective.
[(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
[(d) Scope of Planning Process.--
[(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
[(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
[(B) increase the safety of the
transportation system for motorized and
nonmotorized users;
[(C) increase the security of the
transportation system for motorized and
nonmotorized users;
[(D) increase the accessibility and mobility
of people and freight;
[(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
[(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
[(G) promote efficient system management and
operation; and
[(H) emphasize the preservation of the
existing transportation system.
[(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this chapter,
title 23, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a
statewide transportation plan, the transportation
improvement program, a project or strategy, or the
certification of a planning process.
[(e) Additional Requirements.--In carrying out planning under
this section, each State shall consider, at a minimum--
[(1) with respect to nonmetropolitan areas, the
concerns of affected local officials with
responsibility for transportation;
[(2) the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
[(3) coordination of transportation plans, the
transportation improvement program, and planning
activities with related planning activities being
carried out outside of metropolitan planning areas and
between States.
[(f) Long-Range Statewide Transportation Plan.--
[(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
[(2) Consultation with governments.--
[(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 5303.
[(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed in
consultation with affected nonmetropolitan
officials with responsibility for
transportation. The Secretary shall not review
or approve the consultation process in each
State.
[(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
[(D) Consultation, comparison, and
consideration.--
[(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State, tribal, and local agencies
responsible for land use management,
natural resources, environmental
protection, conservation, and historic
preservation.
[(ii) Comparison and consideration.--
Consultation under clause (i) shall
involve comparison of transportation
plans to State and tribal conservation
plans or maps, if available, and
comparison of transportation plans to
inventories of natural or historic
resources, if available.
[(3) Participation by interested parties.--
[(A) In general.--In developing the statewide
transportation plan, the State shall provide
citizens, affected public agencies,
representatives of public transportation
employees, freight shippers, private providers
of transportation, representatives of users of
public transportation, representatives of users
of pedestrian walkways and bicycle
transportation facilities, representatives of
the disabled, providers of freight
transportation services, and other interested
parties with a reasonable opportunity to
comment on the proposed plan.
[(B) Methods.--In carrying out subparagraph
(A), the State shall, to the maximum extent
practicable--
[(i) hold any public meetings at
convenient and accessible locations and
times;
[(ii) employ visualization techniques
to describe plans; and
[(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
[(4) Mitigation activities.--
[(A) In general.--A long-range transportation
plan shall include a discussion of potential
environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to restore and maintain the
environmental functions affected by the plan.
[(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
[(5) Financial plan.--The statewide transportation
plan may include a financial plan that demonstrates how
the adopted statewide transportation plan can be
implemented, indicates resources from public and
private sources that are reasonably expected to be made
available to carry out the plan, and recommends any
additional financing strategies for needed projects and
programs. The financial plan may include, for
illustrative purposes, additional projects that would
be included in the adopted statewide transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
[(6) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (5).
[(7) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system.
[(8) Publication of long-range transportation
plans.--Each long-range transportation plan prepared by
a State shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
[(g) Statewide Transportation Improvement Program.--
[(1) Development.--Each State shall develop a
statewide transportation improvement program for all
areas of the State. Such program shall cover a period
of 4 years and be updated every 4 years or more
frequently if the Governor elects to update more
frequently.
[(2) Consultation with governments.--
[(A) Metropolitan areas.--With respect to
each metropolitan area in the State, the
program shall be developed in cooperation with
the metropolitan planning organization
designated for the metropolitan area under
section 5303.
[(B) Nonmetropolitan areas.--With respect to
each nonmetropolitan area in the State, the
program shall be developed in consultation with
affected nonmetropolitan local officials with
responsibility for transportation. The
Secretary shall not review or approve the
specific consultation process in the State.
[(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
[(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
[(4) Included projects.--
[(A) In general.--A transportation
improvement program developed under this
subsection for a State shall include federally
supported surface transportation expenditures
within the boundaries of the State.
[(B) Listing of projects.--An annual listing
of projects for which funds have been obligated
in the preceding year in each metropolitan
planning area shall be published or otherwise
made available by the cooperative effort of the
State, transit operator, and the metropolitan
planning organization for public review. The
listing shall be consistent with the funding
categories identified in each metropolitan
transportation improvement program.
[(C) Projects under chapter 2 of title 23.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
transportation improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
[(D) Consistency with statewide
transportation plan.--Each project shall be--
[(i) consistent with the statewide
transportation plan developed under
this section for the State;
[(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
[(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act, if the project is
carried out in an area designated as
nonattainment for ozone, particulate
matter, or carbon monoxide under that
Act.
[(E) Requirement of anticipated full
funding.--The transportation improvement
program shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
[(F) Financial plan.--The transportation
improvement program may include a financial
plan that demonstrates how the approved
transportation improvement program can be
implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
transportation improvement program, and
recommends any additional financing strategies
for needed projects and programs. The financial
plan may include, for illustrative purposes,
additional projects that would be included in
the adopted transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
[(G) Selection of projects from illustrative
list.--
[(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
[(ii) Required action by the
Secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved
transportation improvement program.
[(H) Priorities.--The transportation
improvement program shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by this chapter and title
23.
[(5) Project selection for areas of less than 50,000
population.--Projects carried out in areas with
populations of less than 50,000 individuals shall be
selected, from the approved transportation improvement
program (excluding projects carried out on the National
Highway System and projects carried out under the
bridge program or the Interstate maintenance program
under title 23 or sections 5310, 5311, 5316, and 5317
of this title) by the State in cooperation with the
affected nonmetropolitan local officials with
responsibility for transportation. Projects carried out
in areas with populations of less than 50,000
individuals on the National Highway System or under the
bridge program or the Interstate maintenance program
under title 23 or sections 5310, 5311, 5316, and 5317
of this title shall be selected, from the approved
statewide transportation improvement program, by the
State in consultation with the affected nonmetropolitan
local officials with responsibility for transportation.
[(6) Transportation improvement program approval.--
Every 4 years, a transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary if based on a current
planning finding.
[(7) Planning finding.--A finding shall be made by
the Secretary at least every 4 years that the
transportation planning process through which statewide
transportation plans and programs are developed is
consistent with this section and section 5303.
[(8) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved transportation
improvement program in place of another project in the
program.
[(h) Funding.--Funds set aside pursuant to section 5305(g) of
this title and section 104(i) of title 23 shall be available to
carry out this section.
[(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5303, and
sections 134 and 135 of title 23, State laws, rules, or
regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 5303, and sections 134 and 135 of
title 23, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section, section 5303, and sections 134 and
135 of title 23, as appropriate.
[(j) Continuation of Current Review Practice.--Since the
statewide transportation plan and the transportation
improvement program described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the statewide transportation plans and the
transportation improvement program are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation
improvement program described in this section have not been
reviewed under such Act as of January 1, 1997, any decision by
the Secretary concerning a metropolitan or statewide
transportation plan or the transportation improvement program
described in this section shall not be considered to be a
Federal action subject to review under such Act.]
Sec. 5303. Metropolitan transportation planning
Metropolitan transportation planning programs funded under
section 5305 shall be carried out in accordance with the
metropolitan planning provisions of section 5203.
Sec. 5304. Statewide transportation planning
Statewide transportation planning programs funded under
section 5305 shall be carried out in accordance with the
metropolitan planning provisions of section 5204.
Sec. 5305. Planning programs
(a) * * *
* * * * * * *
(d) Metropolitan Transportation Planning Program.--
(1) * * *
(2) Allocation to MPO's.--Amounts apportioned to a
State under paragraph (1) shall be made available, not
later than 30 days after the date of apportionment, to
metropolitan planning organizations in the State
[designated under this section] responsible for
carrying out the provisions of section 5203 of this
title under a formula that--
(A) * * *
* * * * * * *
(e) [State] Statewide Transportation Planning and Research
Program.--
(1) Apportionment to States.--
(A) In general.--The Secretary shall
apportion the amounts made available under
subsection (g)(2) among the States for grants
and contracts to carry out this section and
sections 5304, 5306, [5315,] and 5322 in the
ratio that--
(i) * * *
* * * * * * *
(g) Allocation of Funds.--Of the funds made available by or
appropriated to carry out this section under [section 5338(c)]
section 5338(a)(2) for fiscal years 2005 through 2012--
(1) * * *
* * * * * * *
Sec. 5306. Private enterprise participation in metropolitan planning
and transportation improvement programs and
relationship to other limitations
(a) Private Enterprise Participation.--A plan or program
required by section 5303, 5304, or 5305 of this title shall
encourage to the maximum extent feasible[, as determined by
local policies, criteria, and decisionmaking,] the
participation of private enterprise. If equipment or a facility
already being used in an urban area is to be acquired under
this chapter, the program shall provide that it be improved so
that it will better serve the transportation needs of the area.
* * * * * * *
Sec. 5307. Urbanized area formula grants
(a) * * *
(b) General Authority.--
(1) Grants.--The Secretary may make grants under this
section for--
(A) * * *
* * * * * * *
(E) operating costs of equipment and
facilities for use in public transportation in
a portion or portions of an urbanized area with
a population of at least 200,000, but not more
than 225,000, if--
(i) * * *
* * * * * * *
(iv) the grants will not be used to
provide public transportation outside
of the portion of the urbanized area;
[and]
(F) operating costs of equipment and
facilities for use in public transportation in
an urbanized area with a population of at least
200,000 if the State or regional authority
providing public transportation for the
urbanized area is operating--
(i) 75 buses or fewer in fixed-route
service during peak service hours, not
to exceed 50 percent of the net project
cost of the project for operating
expenses; and
(ii) more than 75 but fewer than 100
buses in fixed-route service during
peak service hours, not to exceed 25
percent of the net project cost of the
project for operating expenses; and
[(F)] (G) operating costs of equipment and
facilities for use in public transportation for
local governmental authorities in areas which
adopted transit operating and financing plans
that became a part of the Houston, Texas,
urbanized area as a result of the 2000
decennial census of population, but lie outside
the service area of the principal public
transportation agency that serves the Houston
urbanized area.
* * * * * * *
(3) Transportation management areas.--In a transportation
management area designated under section 5303(k) of this title,
amounts that cannot be used to pay operating expenses under
this section also are available for a highway project if--
(A) * * *
* * * * * * *
(d) Grant Recipient Requirements.--A recipient may receive a
grant in a fiscal year only if--
(1) the recipient, within the time the Secretary
prescribes, submits a final program of projects
prepared under subsection (c) of this section and a
certification for that fiscal year that the recipient
(including a person receiving amounts from a chief
executive officer of a State under this section)--
(A) * * *
* * * * * * *
(D) will ensure that [elderly and handicapped
individuals, or an] elderly individuals,
individuals with disabilities, and any
individual presenting a medicare card issued to
that individual under title II or XVIII of the
Social Security Act (42 U.S.C. 401 et seq.,
1395 et seq.)[,] will be charged during non-
peak hours for transportation using or
involving a facility or equipment of a project
financed under this section not more than 50
percent of the peak hour fare;
* * * * * * *
(H) will comply with [section 5301(a),
section 5301(d),] section 5301 and sections
5303 through 5306;
(I) has a locally developed process to
solicit and consider public comment before
raising a fare or carrying out a major
reduction of transportation; and
(J)(i) * * *
(ii) has decided that the expenditure for
security projects is not necessary[; and].
[(K) in the case of a recipient for an
urbanized area with a population of at least
200,000--
[(i) will expend not less than 1
percent of the amount the recipient
receives each fiscal year under this
section for transit enhancements, as
defined in section 5302(a); and
[(ii) will submit an annual report
listing projects carried out in the
preceding fiscal year with those funds;
and]
* * * * * * *
(k) Relationship to Other Laws.--
(1) Applicable provisions.--Sections 5301, 5302,
5303, 5304, 5306, [5315(c),] 5318, 5319, 5323, 5325,
5327, 5329, 5330, 5331, 5332, 5333, and 5335 apply to
this section and to any grant made under this section.
* * * * * * *
[Sec. 5308. Clean fuels grant program
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Clean fuel bus.--The term ``clean fuel bus''
means a passenger vehicle used to provide public
transportation that--
[(A) is powered by--
[(i) compressed natural gas;
[(ii) liquefied natural gas;
[(iii) biodiesel fuels;
[(iv) batteries;
[(v) alcohol-based fuels;
[(vi) hybrid electric;
[(vii) fuel cell;
[(viii) clean diesel, to the extent
allowed under this section; or
[(ix) other low or zero emissions
technology; and
[(B) the Administrator of the Environmental
Protection Agency has certified sufficiently
reduces harmful emissions.
[(2) Eligible project.--The term ``eligible
project''--
[(A) means a project in a nonattainment or
maintenance area described in paragraph (4)(A)
for--
[(i) purchasing or leasing clean fuel
buses, including buses that employ a
lightweight composite primary
structure;
[(ii) constructing or leasing clean
fuel buses or electrical recharging
facilities and related equipment for
such buses; or
[(iii) constructing new or improving
existing public transportation
facilities to accommodate clean fuel
buses; and
[(B) at the discretion of the Secretary, may
include a project located in a nonattainment or
maintenance area described in paragraph (4)(A)
relating to clean fuel, biodiesel, hybrid
electric, or zero emissions technology buses
that exhibit equivalent or superior emissions
reductions to existing clean fuel or hybrid
electric technologies.
[(3) Maintenance area.--The term ``maintenance area''
has the meaning such term has under section 101 of
title 23.
[(4) Recipient.--
[(A) In general.--The term ``recipient''
means a designated recipient (as defined in
section 5307(a)(2)) for an area that, and a
recipient for an urbanized area with a
population of less than 200,000 that--
[(i) is designated as a nonattainment
area for ozone or carbon monoxide under
section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
[(ii) is a maintenance area for ozone
or carbon monoxide.
[(B) Smaller urbanized areas.--In the case of
an urbanized area with a population of less
than 200,000, the State in which the area is
located shall act as the recipient for the area
under this section.
[(b) Authority.--The Secretary shall make grants in
accordance with this section to recipients to finance eligible
projects.
[(c) Clean Diesel Buses.--Not more than 25 percent of the
amount made available by or appropriated under section 5338 in
each fiscal year to carry out this section may be made
available to fund clean diesel buses.
[(d) Grant Requirements.--
[(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
[(2) Government's share of costs for certain
projects.--Section 5323(i) applies to projects carried
out under this section.
[(e) Availability of Funds.--Any amount made available or
appropriated under this section--
[(1) shall remain available to a project for 2 years
after the fiscal year for which the amount is made
available or appropriated; and
[(2) that remains unobligated at the end of the
period described in paragraph (1) shall be added to the
amount made available in the following fiscal year.
[Sec. 5309. Capital investment grants
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Alternatives analysis.--The term ``alternatives
analysis'' means a study conducted as part of the
transportation planning process required under sections
5303 and 5304, which includes--
[(A) an assessment of a wide range of public
transportation alternatives designed to address
a transportation problem in a corridor or
subarea;
[(B) sufficient information to enable the
Secretary to make the findings of project
justification and local financial commitment
required under this section;
[(C) the selection of a locally preferred
alternative; and
[(D) the adoption of the locally preferred
alternative as part of the long-range
transportation plan required under section
5303.
[(2) Major new fixed guideway capital project.--The
term ``major new fixed guideway capital project'' means
a new fixed guideway capital project for which the
Federal assistance provided or to be provided under
this section is $75,000,000 or more.
[(3) New fixed guideway capital project.--The term
``new fixed guideway capital project'' means a minimum
operable segment of a capital project for a new fixed
guideway system or extension to an existing fixed
guideway system.
[(b) General Authority.--The Secretary may make grants under
this section to assist State and local governmental authorities
in financing--
[(1) new fixed guideway capital projects under
subsections (d) and (e), including the acquisition of
real property, the initial acquisition of rolling stock
for the systems, the acquisition of rights-of-way, and
relocation, for fixed guideway corridor development for
projects in the advanced stages of alternatives
analysis or preliminary engineering;
[(2) capital projects to modernize existing fixed
guideway systems;
[(3) capital projects to replace, rehabilitate, and
purchase buses and related equipment and to construct
bus-related facilities, including programs of bus and
bus-related projects for assistance to subrecipients
that are public agencies, private companies engaged in
public transportation, or private nonprofit
organizations; and
[(4) the development of corridors to support new
fixed guideway capital projects under subsections (d)
and (e), including protecting rights-of-way through
acquisition, construction of dedicated bus and high
occupancy vehicle lanes and park and ride lots, and
other nonvehicular capital improvements that the
Secretary may decide would result in increased public
transportation usage in the corridor.
[(c) Grant Requirements.--
[(1) In general.--The Secretary may not approve a
grant for a project under this section unless the
Secretary determines that--
[(A) the project is part of an approved
transportation plan and program of projects
required under sections 5303, 5304, and 5306;
and
[(B) the applicant has, or will have--
[(i) the legal, financial, and
technical capacity to carry out the
project, including safety and security
aspects of the project;
[(ii) satisfactory continuing control
over the use of the equipment or
facilities; and
[(iii) the capability and willingness
to maintain the equipment or
facilities.
[(2) Certification.--An applicant that has submitted
the certifications required under subparagraphs (A),
(B), (C), and (H) of section 5307(d)(1) shall be deemed
to have provided sufficient information upon which the
Secretary may make the determinations required under
this subsection.
[(3) Grantee requirements.--The Secretary shall
require that any grant awarded under this section to a
recipient be subject to all terms, conditions,
requirements, and provisions that the Secretary
determines to be necessary or appropriate for the
purposes of this section, including requirements for
the disposition of net increases in the value of real
property resulting from the project assisted under this
section.
[(d) Major Capital Investment Grants of $75,000,000 or
More.--
[(1) Full funding grant agreement.--
[(A) In general.--A major new fixed guideway
capital project shall be carried out through a
full funding grant agreement.
[(B) Criteria.--The Secretary shall enter
into a full funding grant agreement, based on
the evaluations and ratings required under this
subsection, with each grantee receiving
assistance for a major new fixed guideway
capital project that--
[(i) is authorized for final design
and construction; and
[(ii) has been rated as medium,
medium-high, or high, in accordance
with paragraph (5)(B).
[(2) Approval of grants.--The Secretary may approve a
grant under this section for a major new fixed guideway
capital project only if the Secretary, based upon
evaluations and considerations set forth in paragraph
(3), determines that the project is--
[(A) based on the results of an alternatives
analysis and preliminary engineering;
[(B) justified based on a comprehensive
review of its mobility improvements,
environmental benefits, cost effectiveness,
operating efficiencies, economic development
effects, and public transportation supportive
land use policies and future patterns; and
[(C) supported by an acceptable degree of
local financial commitment (including evidence
of stable and dependable financing sources) to
construct, maintain, and operate the system or
extension, and maintain and operate the entire
public transportation system without requiring
a reduction in existing public transportation
services or level of service to operate the
proposed project.
[(3) Evaluation of project justification.--In making
the determinations under paragraph (2)(B) for a major
capital investment grant, the Secretary shall analyze,
evaluate, and consider--
[(A) the results of the alternatives analysis
and preliminary engineering for the proposed
project;
[(B) the reliability of the forecasting
methods used to estimate costs and utilization
made by the recipient and the contractors to
the recipient;
[(C) the direct and indirect costs of
relevant alternatives;
[(D) factors such as--
[(i) congestion relief;
[(ii) improved mobility;
[(iii) air pollution;
[(iv) noise pollution;
[(v) energy consumption; and
[(vi) all associated ancillary and
mitigation costs necessary to carry out
each alternative analyzed;
[(E) reductions in local infrastructure costs
and other benefits achieved through compact
land use development, such as positive impacts
on the capacity, utilization, or longevity of
other surface transportation assets and
facilities;
[(F) the cost of suburban sprawl;
[(G) the degree to which the project
increases the mobility of the public
transportation dependent population or promotes
economic development;
[(H) population density and current transit
ridership in the transportation corridor;
[(I) the technical capability of the grant
recipient to construct the project;
[(J) any adjustment to the project
justification necessary to reflect differences
in local land, construction, and operating
costs; and
[(K) other factors that the Secretary
determines to be appropriate to carry out this
subsection.
[(4) Evaluation of local financial commitment.--
[(A) In general.--In evaluating a project
under paragraph (2)(C), the Secretary shall
require that--
[(i) the proposed project plan
provides for the availability of
contingency amounts that the Secretary
determines to be reasonable to cover
unanticipated cost increases;
[(ii) each proposed local source of
capital and operating financing is
stable, reliable, and available within
the proposed project timetable; and
[(iii) local resources are available
to recapitalize and operate the overall
proposed public transportation system,
including essential feeder bus and
other services necessary to achieve the
projected ridership levels without
requiring a reduction in existing
public transportation services or level
of service to operate the proposed
project.
[(B) Evaluation criteria.--In assessing the
stability, reliability, and availability of
proposed sources of local financing under
paragraph (2)(C), the Secretary shall
consider--
[(i) the reliability of the
forecasting methods used to estimate
costs and utilization made by the
recipient and the contractors to the
recipient;
[(ii) existing grant commitments;
[(iii) the degree to which financing
sources are dedicated to the proposed
purposes;
[(iv) any debt obligation that
exists, or is proposed by the
recipient, for the proposed project or
other public transportation purpose;
and
[(v) the extent to which the project
has a local financial commitment that
exceeds the required non-Federal share
of the cost of the project.
[(C) Consideration of fiscal capacity of
State and local governments.--If the Secretary
gives priority to financing projects under this
subsection that include more than the non-
Federal share required under subsection (h),
the Secretary shall give equal consideration to
differences in the fiscal capacity of State and
local governments.
[(5) Project advancement and ratings.--
[(A) Project advancement.--A proposed project
under this subsection shall not advance from
alternatives analysis to preliminary
engineering or from preliminary engineering to
final design and construction unless the
Secretary determines that the project meets the
requirements of this section and there is a
reasonable likelihood that the project will
continue to meet such requirements.
[(B) Ratings.--In making a determination
under subparagraph (A), the Secretary shall
evaluate and rate the project on a 5-point
scale (high, medium-high, medium, medium-low,
or low) based on the results of the
alternatives analysis, the project
justification criteria, and the degree of local
financial commitment, as required under this
subsection. In rating the projects, the
Secretary shall provide, in addition to the
overall project rating, individual ratings for
each of the criteria established by this
subsection and shall give comparable, but not
necessarily equal, numerical weight to each
project justification criteria in calculating
the overall project rating.
[(6) Policy guidance.--
[(A) Publication.--The Secretary shall
publish policy guidance regarding the new fixed
guideway capital project review and evaluation
process and criteria--
[(i) not later than 120 days after
the date of enactment of the Federal
Public Transportation Act of 2005; and
[(ii) each time significant changes
are made by the Secretary to the
process and criteria, but not less
frequently than once every 2 years.
[(B) Public comment and response.--The
Secretary shall--
[(i) invite public comment to the
policy guidance published under
subparagraph (A); and
[(ii) publish a response to the
comments received under clause (i).
[(e) Capital Investment Grants Less Than $75,000,000.--
[(1) In general.--
[(A) Applicability of requirements.--Except
as provided by subparagraph (B), a new fixed
guideway capital project shall be subject to
the requirements of this subsection if the
Federal assistance provided or to be provided
under this section for the project is less than
$75,000,000 and the total estimated net capital
cost of the project is less than $250,000,000.
[(B) Projects receiving less than $25,000,000
in Federal assistance.--If the assistance
provided under this section with respect to a
new fixed guideway capital project is less than
$25,000,000, the requirements of this
subsection shall not apply to the project until
such date as the final regulation to be issued
under paragraph (9) takes effect.
[(2) Selection criteria.--The Secretary may provide
Federal assistance under this subsection with respect
to a proposed project only if the Secretary finds that
the project is--
[(A) based on the results of planning and
alternatives analysis;
[(B) justified based on a review of its
public transportation supportive land use
policies, cost effectiveness, and effect on
local economic development; and
[(C) supported by an acceptable degree of
local financial commitment.
[(3) Planning and alternatives.--In evaluating a
project under paragraph (2)(A), the Secretary shall
analyze and consider the results of planning and
alternatives analysis for the project.
[(4) Project justification.--For purposes of making
the finding under paragraph (2)(B), the Secretary
shall--
[(A) determine the degree to which the
project is consistent with local land use
policies and is likely to achieve local
developmental goals;
[(B) determine the cost effectiveness of the
project at the time of the initiation of
revenue service;
[(C) determine the degree to which the
project will have a positive effect on local
economic development;
[(D) consider the reliability of the
forecasting methods used to estimate costs and
ridership associated with the project; and
[(E) consider other factors that the
Secretary determines appropriate to carry out
this subsection.
[(5) Local financial commitment.--
[(A) In general.--For purposes of paragraph
(2)(C), the Secretary shall require that each
proposed local source of capital and operating
financing is stable, reliable, and available
within the proposed project timetable.
[(B) Consideration of fiscal capacity of
State and local governments.--If the Secretary
gives priority to financing projects under this
subsection that include more than the non-
Federal share required under subsection (h),
the Secretary shall give equal consideration to
differences in the fiscal capacity of State and
local governments.
[(6) Advancement of project to development and
construction.--
[(A) General rule.--A proposed project under
this subsection may advance from planning and
alternatives analysis to project development
and construction only if the Secretary finds
that the project meets the requirements of this
subsection and there is a reasonable likelihood
that the project will continue to meet such
requirements.
[(B) Evaluation.--In making the findings
under subparagraph (A), the Secretary shall
evaluate and rate the project as high, medium-
high, medium, medium-low, or low based on the
results of the analysis of the project
justification criteria and the degree of local
financial commitment, as required by this
subsection and shall give comparable, but not
necessarily equal, numerical weight to each
project justification criteria in calculating
the overall project rating.
[(7) Contents of project construction grant
agreement.--A project construction grant agreement
under this subsection shall specify the scope of the
project to be constructed, the estimated net project
cost of the project, the schedule under which the
project shall be constructed, the maximum amount of
funding to be obtained under this subsection, the
proposed schedule for obligation of future Federal
grants, and the sources of funding from other than the
Government. The agreement may include a commitment on
the part of the Secretary to provide funding for the
project in future fiscal years.
[(8) Limitation on entry into construction grant
agreement.--The Secretary may enter into a project
construction grant agreement for a project under this
subsection only if the project is authorized for
construction and has been rated as high, medium-high,
or medium under this subsection.
[(9) Regulations.--Not later than 240 days after the
date of enactment of the Federal Public Transportation
Act of 2005, the Secretary shall issue regulations
establishing an evaluation and rating process for
proposed projects under this subsection that is based
on the results of project justification and local
financial commitment, as required under this
subsection.
[(10) Fixed guideway capital project.--In this
subsection, the term ``fixed guideway capital project''
includes a corridor-based bus capital project if--
[(A) a substantial portion of the project
operates in a separate right-of-way dedicated
for public transit use during peak hour
operations; or
[(B) the project represents a substantial
investment in a defined corridor as
demonstrated by features such as park-and-ride
lots, transit stations, bus arrival and
departure signage, intelligent transportation
systems technology, traffic signal priority,
off-board fare collection, advanced bus
technology, and other features that support the
long-term corridor investment.
[(11) Impact report.--
[(A) In general.--Not later than 120 days
after the date of enactment of the Federal
Public Transportation Act of 2005, the Federal
Transit Administration shall submit to the
Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives a report on the methodology
to be used in evaluating the land use and
economic development impacts of non-fixed
guideway or partial fixed guideway projects.
[(B) Contents.--The report submitted under
subparagraph (A) shall address any qualitative
and quantitative differences between fixed
guideway and non-fixed guideway projects with
respect to land use and economic development
impacts.
[(f) Previously Issued Letter of Intent or Full Funding Grant
Agreement.--Subsections (d) and (e) do not apply to projects
for which the Secretary has issued a letter of intent or
entered into a full funding grant agreement before the date of
enactment of the Federal Public Transportation Act of 2005.
Subsection (e) also does not apply to projects for which the
Secretary has received an application for final design before
such date of enactment.
[(g) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
[(1) Letters of intent.--
[(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an
applicant announcing an intention to obligate,
for a capital project under this section, an
amount from future available budget authority
specified in law that is not more than the
amount stipulated as the financial
participation of the Secretary in the project.
When a letter is issued for fixed guideway
projects, the amount shall be sufficient to
complete at least an operable segment.
[(B) Treatment.--The issuance of a letter
under subparagraph (A) is deemed not to be an
obligation under sections 1108(c), 1108(d),
1501, and 1502(a) of title 31 or an
administrative commitment.
[(2) Full funding grant agreements.--
[(A) Terms.--The Secretary may make a full
funding grant agreement with an applicant. The
agreement shall--
[(i) establish the terms of
participation by the Government in a
project under this section;
[(ii) establish the maximum amount of
Government financial assistance for the
project;
[(iii) cover the period of time for
completing the project, including a
period extending beyond the period of
an authorization; and
[(iv) make timely and efficient
management of the project easier
according to the law of the United
States.
[(B) Special financial rules.--
[(i) In general.--A full funding
grant agreement under this paragraph
obligates an amount of available budget
authority specified in law and may
include a commitment, contingent on
amounts to be specified in law in
advance for commitments under this
paragraph, to obligate an additional
amount from future available budget
authority specified in law.
[(ii) Statement of contingent
commitment.--The agreement shall state
that the contingent commitment is not
an obligation of the Government.
[(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out a
part of the project within a reasonable
time are a cost of carrying out the
project under a full funding grant
agreement, except that eligible costs
may not be more than the cost of the
most favorable financing terms
reasonably available for the project at
the time of borrowing. The applicant
shall certify, in a way satisfactory to
the Secretary, that the applicant has
shown reasonable diligence in seeking
the most favorable financing terms.
[(iv) Completion of operable
segment.--The amount stipulated in an
agreement under this paragraph for a
fixed guideway project shall be
sufficient to complete at least an
operable segment.
[(C) Before and after study.--
[(i) In general.--A full funding
grant agreement under this paragraph
shall require the applicant to conduct
a study that--
[(I) describes and analyzes
the impacts of the new fixed
guideway capital project on
transit services and transit
ridership;
[(II) evaluates the
consistency of predicted and
actual project characteristics
and performance; and
[(III) identifies sources of
differences between predicted
and actual outcomes.
[(ii) Information collection and
analysis plan.--
[(I) Submission of plan.--
Applicants seeking an agreement
under this paragraph shall
submit a complete plan for the
collection and analysis of
information to identify the
impacts of the new fixed
guideway capital project and
the accuracy of the forecasts
prepared during the development
of the project. Preparation of
this plan shall be included in
the full funding grant
agreement as an eligible
activity.
[(II) Contents of plan.--The
plan submitted under subclause
(I) shall provide for--
[(aa) the collection
of data on the current
transit system
regarding transit
service levels and
ridership patterns,
including origins and
destinations, access
modes, trip purposes,
and rider
characteristics;
[(bb) documentation
of the predicted scope,
service levels, capital
costs, operating costs,
and ridership of the
project;
[(cc) collection of
data on the transit
system 2 years after
the opening of the new
fixed guideway capital
project, including
analogous information
on transit service
levels and ridership
patterns and
information on the as-
built scope and capital
costs of the project;
and
[(dd) analysis of the
consistency of
predicted project
characteristics with
the after data.
[(D) Collection of data on current system.--
To be eligible for a full funding grant
agreement under this paragraph, recipients
shall have collected data on the current
system, according to the plan required, before
the beginning of construction of the proposed
new start project. Collection of this data
shall be included in the full funding grant
agreement as an eligible activity.
[(3) Early system work agreements.--
[(A) Conditions.--The Secretary may make an
early systems work agreement with an applicant
if a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) has been issued on the project
and the Secretary finds there is reason to
believe--
[(i) a full funding grant agreement
for the project will be made; and
[(ii) the terms of the work agreement
will promote ultimate completion of the
project more rapidly and at less cost.
[(B) Contents.--
[(i) In general.--A work agreement
under this paragraph obligates an
amount of available budget authority
specified in law and shall provide for
reimbursement of preliminary costs of
carrying out the project, including
land acquisition, timely procurement of
system elements for which
specifications are decided, and other
activities the Secretary decides are
appropriate to make efficient, long-
term project management easier.
[(ii) Period covered.--A work
agreement under this paragraph shall
cover the period of time the Secretary
considers appropriate. The period may
extend beyond the period of current
authorization.
[(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out the
work agreement within a reasonable time
are a cost of carrying out the
agreement, except that eligible costs
may not be more than the cost of the
most favorable financing terms
reasonably available for the project at
the time of borrowing. The applicant
shall certify, in a way satisfactory to
the Secretary, that the applicant has
shown reasonable diligence in seeking
the most favorable financing terms.
[(iv) Failure to carry out project.--
If an applicant does not carry out the
project for reasons within the control
of the applicant, the applicant shall
repay all Government payments made
under the work agreement plus
reasonable interest and penalty charges
the Secretary establishes in the
agreement.
[(4) Limitation on amounts.--
[(A) Major capital investment grants
contingent commitment authority.--The total
estimated amount of future obligations of the
Government and contingent commitments to incur
obligations covered by all outstanding letters
of intent, full funding grant agreements, and
early systems work agreements under this
subsection for major new fixed guideway capital
projects may be not more than the greater of
the amount authorized under sections 5338(a)(3)
and 5338(c) for such projects or an amount
equivalent to the last 3 fiscal years of
funding allocated under subsections (m)(1)(A)
and (m)(2)(A)(ii) for such projects, less an
amount the Secretary reasonably estimates is
necessary for grants under this section for
those of such projects that are not covered by
a letter or agreement. The total amount covered
by new letters and contingent commitments
included in full funding grant agreements and
early systems work agreements for such projects
may be not more than a limitation specified in
law.
[(B) Other contingent commitment authority.--
The total estimated amount of future
obligations of the Government and contingent
commitments to incur obligations covered by all
project construction grant agreements and early
system work agreements under this subsection
for small capital projects described in
subsection (e) may be not more than the greater
of the amount allocated under subsection
(m)(2)(A)(i) for such projects or an amount
equivalent to the last fiscal year of funding
allocated under such subsection for such
projects, less an amount the Secretary
reasonably estimates is necessary for grants
under this section for those of such projects
that are not covered by an agreement. The total
amount covered by new contingent commitments
included in project construction grant
agreements and early systems work agreements
for such projects may be not more than a
limitation specified in law.
[(C) Inclusion of certain commitments.--
Future obligations of the Government and
contingent commitments made against the
contingent commitment authority under section
3032(g)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (106
Stat. 2125) for the San Francisco BART to the
Airport project for fiscal years 2002, 2003,
2004, 2005, and 2006 shall be charged against
section 3032(g)(2) of that Act.
[(D) Appropriation required.--An obligation
may be made under this subsection only when
amounts are appropriated for the obligation.
[(5) Notification of Congress.--At least 60 days
before issuing a letter of intent or entering into a
full funding grant agreement or project construction
grant agreement under this section, the Secretary shall
notify, in writing, the Committees on Transportation
and Infrastructure and Appropriations of the House of
Representatives and the Committees on Banking, Housing,
and Urban Affairs and Appropriations of the Senate of
the proposed letter or agreement. The Secretary shall
include with the notification a copy of the proposed
letter or agreement as well as the evaluations and
ratings for the project.
[(h) Government's Share of Net Project Cost.--
[(1) In general.--Based on engineering studies,
studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary
shall estimate the net project cost. A grant for the
project shall be for 80 percent of the net capital
project cost, unless the grant recipient requests a
lower grant percentage.
[(2) Adjustment for completion under budget.--The
Secretary may adjust the final net project cost of a
new fixed guideway capital project evaluated under
subsections (d) and (e) to include the cost of eligible
activities not included in the originally defined
project if the Secretary determines that the originally
defined project has been completed at a cost that is
significantly below the original estimate.
[(3) Maximum government share.--The Secretary may
provide a higher grant percentage than requested by the
grant recipient if--
[(A) the Secretary determines that the net
project cost of the project is not more than 10
percent higher than the net project cost
estimated at the time the project was approved
for advancement into preliminary engineering;
and
[(B) the ridership estimated for the project
is not less than 90 percent of the ridership
estimated for the project at the time the
project was approved for advancement into
preliminary engineering.
[(4) Remainder of net project cost.--The remainder of
net project costs shall be provided from an
undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital.
[(5) Limitation on statutory construction.--Nothing
in this section, including paragraph (1) and
subsections (d)(4)(B)(v) and (e)(5), shall be construed
as authorizing the Secretary to require a non-Federal
financial commitment for a project that is more than 20
percent of the net capital project cost.
[(6) Special rule for rolling stock costs.--In
addition to amounts allowed pursuant to paragraph (1),
a planned extension to a fixed guideway system may
include the cost of rolling stock previously purchased
if the applicant satisfies the Secretary that only
amounts other than amounts of the Government were used
and that the purchase was made for use on the
extension. A refund or reduction of the remainder may
be made only if a refund of a proportional amount of
the grant of the Government is made at the same time.
[(7) Limitation on applicability.--This subsection
does not apply to projects for which the Secretary has
entered into a full funding grant agreement before the
date of enactment of the Federal Public Transportation
Act of 2005.
[(i) Undertaking Projects in Advance.--
[(1) In general.--The Secretary may pay the
Government's share of the net capital project cost to a
State or local governmental authority that carries out
any part of a project described in this section without
the aid of amounts of the Government and according to
all applicable procedures and requirements if--
[(A) the State or local governmental
authority applies for the payment;
[(B) the Secretary approves the payment; and
[(C) before carrying out the part of the
project, the Secretary approves the plans and
specifications for the part in the same way as
other projects under this section.
[(2) Financing costs.--
[(A) In general.--The cost of carrying out
part of a project includes the amount of
interest earned and payable on bonds issued by
the State or local governmental authority to
the extent proceeds of the bonds are expended
in carrying out the part.
[(B) Limitation on amount of interest.--The
amount of interest under this paragraph may not
be more than the most favorable interest terms
reasonably available for the project at the
time of borrowing.
[(C) Certification.--The applicant shall
certify, in a manner satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financial terms.
[(j) Availability of Amounts.--
[(1) In general.--An amount made available or
appropriated under section 5338(a)(3)(C)(iii),
5338(a)(3)(C)(iv), 5338(b)(2)(E), or 5338(c) for
replacement, rehabilitation, and purchase of buses and
related equipment and construction of bus-related
facilities or for new fixed guideway capital projects
shall remain available for 3 fiscal years, including
the fiscal year in which the amount is made available
or appropriated. Any of such amounts that are
unobligated at the end of the 3-fiscal-year period may
be used by the Secretary for any purpose under this
section.
[(2) Use of deobligated amounts.--An amount available
under this section that is deobligated may be used for
any purpose under this section.
[(k) Reports on New Starts.--
[(1) Annual report on funding recommendations.--Not
later than the first Monday in February of each year,
the Secretary shall submit to the Committees on
Transportation and Infrastructure and Appropriations of
the House of Representatives and the Committees on
Banking, Housing, and Urban Affairs and Appropriations
of the Senate a report that includes--
[(A) a proposal of allocations of amounts to
be available to finance grants for new fixed
guideway capital projects among applicants for
these amounts;
[(B) evaluations and ratings, as required
under subsections (d) and (e), for each such
project that is authorized by the Federal
Public Transportation Act of 2005; and
[(C) recommendations of such projects for
funding based on the evaluations and ratings
and on existing commitments and anticipated
funding levels for the next 3 fiscal years
based on information currently available to the
Secretary.
[(2) Annual GAO review.--The Comptroller General
shall--
[(A) conduct an annual review of--
[(i) the processes and procedures for
evaluating, rating, and recommending
new fixed guideway capital projects;
and
[(ii) the Secretary's implementation
of such processes and procedures; and
[(B) report to Congress on the results of
such review by May 31 of each year.
[(l) Other Reports.--
[(1) Before and after study reports.--Not later than
the first Monday of August of each year, the Secretary
shall submit to the committees referred to in
subsection (k)(1) a report containing a summary of the
results of the studies conducted under subsection
(g)(2)(C).
[(2) Contractor performance assessment report.--
[(A) In general.--Not later than 180 days
after the enactment of the Federal Public
Transportation Act of 2005, and each year
thereafter, the Secretary shall submit to the
committees referred to in subsection (k)(1) a
report analyzing the consistency and accuracy
of cost and ridership estimates made by each
contractor to public transportation agencies
developing new fixed guideway capital projects.
[(B) Contents.--The report submitted under
subparagraph (A) shall compare the cost and
ridership estimates made at the time projects
are approved for entrance into preliminary
engineering with--
[(i) estimates made at the time
projects are approved for entrance into
final design;
[(ii) costs and ridership when the
project commences revenue operation;
and
[(iii) costs and ridership when the
project has been in operation for 2
years.
[(C) Considerations.--In making comparisons
under subparagraph (B), the Secretary shall
consider factors having an impact on costs and
ridership not under the control of the
contractor. The Secretary shall also consider
the role taken by each contractor in the
development of the project.
[(3) Contractor performance incentive report.--Not
later than 180 days after the enactment of the Federal
Public Transportation Act of 2005, the Secretary shall
submit to the committees referred to in subsection
(k)(1) a report on the suitability of allowing
contractors to public transportation agencies that
undertake new fixed guideway capital projects under
this section to receive performance incentive awards if
a project is completed for less than the original
estimated cost.
[(m) Allocating Amounts.--
[(1) Fiscal year 2005.--Of the amounts made available
or appropriated for fiscal year 2005 under section
5338(a)(3)--
[(A) $1,437,829,600 shall be allocated for
new fixed capital projects under subsection
(d);
[(B) $1,204,684,800 shall be allocated for
capital projects for fixed guideway
modernization; and
[(C) $669,600,000 shall be allocated for
capital projects for buses and bus-related
equipment and facilities.
[(2) Fiscal years 2006 through 2011 and the period
beginning on October 1, 2011, and ending on March 31,
2012.--The amounts made available or appropriated for
fiscal years 2006 through 2012 under sections 5338(b)
and 5338(c) shall be allocated as follows:
[(A) Capital investment grants.--Of the
amounts appropriated under section 5338(c)--
[(i) $200,000,000 for each of fiscal
years 2007 through 2012 shall be
allocated for projects for new fixed
guideway capital projects of less than
$75,000,000 in accordance with
subsection (e); and
[(ii) the remainder shall be
allocated for major new fixed guideway
capital projects in accordance with
subsection (d).
[(B) Fixed guideway modernization.--The
amounts made available under section
5338(b)(2)(D) shall be allocated for capital
projects for fixed guideway modernization.
[(C) Buses and bus-related equipment and
facilities.--The amounts made available under
section 5338(b)(2)(E) shall be allocated for
capital projects for buses and bus-related
equipment and facilities.
[(3) Fixed guideway modernization.--The amounts made
available for fixed guideway modernization under
section 5338(b)(2)(D) for fiscal year 2006 and each
fiscal year thereafter shall be allocated in accordance
with section 5337.
[(4) Preliminary engineering and alternatives
analysis.--Not more that 8 percent of the allocation
described in paragraph (1)(A) may be expended on
alternatives analysis and preliminary engineering.
[(5) Preliminary engineering.--Not more than 8
percent of the allocation described in paragraph (2)(A)
may be expended on preliminary engineering.
[(6) Funding for ferry boats.--Of the amounts
described in paragraphs (1)(A) and (2)(A)--
[(A) $10,400,000 shall be available in fiscal
year 2005 for capital projects in Alaska and
Hawaii for new fixed guideway systems and
extension projects utilizing ferry boats, ferry
boat terminals, or approaches to ferry boat
terminals;
[(B) $15,000,000 shall be available in each
of fiscal years 2006 through 2012 for capital
projects in Alaska and Hawaii for new fixed
guideway ferry systems and extension projects
utilizing ferry boats, ferry boat terminals, or
approaches to ferry boat terminals; and
[(C) $5,000,000 shall be available for each
of fiscal years 2006 though 2012 for payments
to the Denali Commission under the terms of
section 307(e) of the Denali Commission Act of
1998 (42 U.S.C. 3121 note) for docks,
waterfront development projects, and related
transportation infrastructure.
[(7) Bus and bus facility grants.--The amounts made
available under paragraphs (1)(C) and (2)(C) shall be
allocated as follows:
[(A) Ferry boat systems.--$10,000,000 shall
be available in each of fiscal years 2006
through 2012 for ferry boats or ferry terminal
facilities. Of such funds, the following
amounts shall be set aside for each fiscal
year:
[(i) $2,500,000 for the San Francisco
Water Transit Authority.
[(ii) $2,500,000 for the
Massachusetts Bay Transportation
Authority Ferry System.
[(iii) $1,000,000 for the Camden, New
Jersey Ferry System.
[(iv) $1,000,000 for the Governor's
Island, New York Ferry System.
[(v) $1,000,000 for the Philadelphia
Penn's Landing Ferry Terminal.
[(vi) $1,000,000 for the Staten
Island Ferry.
[(vii) $650,000 for the Maine State
Ferry Service, Rockland.
[(viii) $350,000 for the Swans
Island, Maine Ferry Service.
[(B) Fuel cell bus program.--The following
amounts shall be set aside for the national
fuel cell bus technology development program
under section 3045 of the Federal Public
Transportation Act of 2005:
[(i) $11,250,000 for fiscal year
2006.
[(ii) $11,500,000 for fiscal year
2007.
[(iii) $12,750,000 for fiscal year
2008.
[(iv) $13,500,000 for fiscal year
2009.
[(v) $13,500,000 for fiscal year
2010.
[(vi) $13,500,000 for fiscal year
2011.
[(vii) $6,750,000 for the period
beginning on October 1, 2011, and
ending on March 31, 2012.
[(vii) $13,500,000 for fiscal year
2012.
[(C) Projects not in urbanized areas.--Not
less than 5.5 percent shall be available in
each fiscal year for projects that are not in
urbanized areas.
[(D) Intermodal terminals.--Not less than
$35,000,000 shall be available in each fiscal
year for intermodal terminal projects,
including the intercity bus portion of such
projects.
[(E) Bus testing.--$3,000,000 shall be
available in each fiscal year for bus testing
under section 5318.
[(8) Bus and bus facility grant considerations.--In
making grants under paragraphs (1)(C) and (2)(C), the
Secretary shall consider the age and condition of
buses, bus fleets, related equipment, and bus-related
facilities.
[Sec. 5310. Formula grants for special needs of elderly individuals and
individuals with disabilities
[(a) General Authority.--
[(1) Grants.--The Secretary may make grants to States
and local governmental authorities under this section
for public transportation capital projects planned,
designed, and carried out to meet the special needs of
elderly individuals and individuals with disabilities.
[(2) Subrecipients.--A State that receives a grant
under this section may allocate the amounts provided
under the grant to--
[(A) a private nonprofit organization, if the
public transportation service provided under
paragraph (1) is unavailable, insufficient, or
inappropriate; or
[(B) a governmental authority that--
[(i) is approved by the State to
coordinate services for elderly
individuals and individuals with
disabilities; or
[(ii) certifies that there are not
any nonprofit organizations readily
available in the area to provide the
services described under paragraph (1).
[(3) Acquiring public transportation services.--A
public transportation capital project under this
section may include acquisition of public
transportation services as an eligible capital expense.
[(4) Administrative expenses.--A State or local
governmental authority may use not more than 10 percent
of the amounts apportioned to the State under this
section to administer, plan, and provide technical
assistance for a project funded under this section.
[(b) Apportionment and Transfers.--
[(1) Formula.--The Secretary shall apportion amounts
made available to carry out this section under a
formula the Secretary administers that considers the
number of elderly individuals and individuals with
disabilities in each State.
[(2) Transfer of funds.--Any funds apportioned to a
State under paragraph (1) may be transferred by the
State to the apportionments made under sections 5311(c)
and 5336 if such funds are only used for eligible
projects selected under this section.
[(c) Government's Share of Costs.--
[(1) Capital projects.--
[(A) In general.--A grant for a capital
project under this section shall be for 80
percent of the net capital costs of the
project, as determined by the Secretary.
[(B) Exception.--A State described in section
120(b) of title 23 shall receive an increased
Government share in accordance with the formula
under that section.
[(2) Remainder.--The remainder of the net project
costs--
[(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital;
[(B) may be derived from amounts appropriated
or otherwise made available to a department or
agency of the Government (other than the
Department of Transportation) that are eligible
to be expended for transportation; and
[(C) notwithstanding subparagraph (B), may be
derived from amounts made available to carry
out the Federal lands highway program
established by section 204 of title 23.
[(3) Use of certain funds.--For purposes of paragraph
(2)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
[(d) Grant Requirements.--
[(1) In general.--A grant under this section shall be
subject to all requirements of a grant under section
5307 to the extent the Secretary determines
appropriate.
[(2) Certification requirements.--
[(A) Fund transfers.--A grant recipient under
this section that transfers funds to a project
funded under section 5336 in accordance with
subsection (b)(2) shall certify that the
project for which the funds are requested has
been coordinated with private nonprofit
providers of services under this section.
[(B) Project selection and plan
development.--Beginning in fiscal year 2007,
each grant recipient under this section shall
certify that--
[(i) the projects selected were
derived from a locally developed,
coordinated public transit-human
services transportation plan; and
[(ii) the plan was developed through
a process that included representatives
of public, private, and nonprofit
transportation and human services
providers and participation by the
public.
[(C) Allocations to subrecipients.--Each
grant recipient under this section shall
certify that allocations of the grant to
subrecipients, if any, are distributed on a
fair and equitable basis.
[(e) State Program of Projects.--
[(1) In general.--Amounts made available to carry out
this section may be used for transportation projects to
assist in providing transportation services for elderly
individuals and individuals with disabilities that are
included in a State program of projects.
[(2) Submission and approval.--A State shall submit
to the Secretary annually for approval a program of
projects. The program shall contain an assurance that
the program provides for maximum feasible coordination
of transportation services assisted under this section
with transportation services assisted by other
Government sources.
[(f) Leasing Vehicles.--Vehicles acquired under this section
may be leased to local governmental authorities to improve
transportation services designed to meet the special needs of
elderly individuals and individuals with disabilities.
[(g) Meal Delivery for Homebound Individuals.--Public
transportation service providers receiving assistance under
this section or section 5311(c) may coordinate and assist in
regularly providing meal delivery service for homebound
individuals if the delivery service does not conflict with
providing public transportation service or reduce service to
public transportation passengers.
[(h) Transfers of Facilities and Equipment.--With the consent
of the recipient in possession of a facility or equipment
acquired with a grant under this section, a State may transfer
the facility or equipment to any recipient eligible to receive
assistance under this chapter if the facility or equipment will
continue to be used as required under this section.]
Sec. 5309. Capital investment grants
(a) Definitions.--In this section, the following definitions
apply:
(1) New fixed guideway capital project.--The term
``new fixed guideway capital project'' means an
operable segment of a capital project for a new fixed
guideway system or extension to an existing fixed
guideway system.
(2) New start project.--The term ``new start
project'' means a new fixed guideway capital project
for which the Federal assistance provided or to be
provided under this section is $75,000,000 or more.
(3) Small start project.--The term ``small start
project'' means a new fixed guideway capital project
for which--
(A) the Federal assistance provided or to be
provided under this section is less than
$75,000,000; and
(B) the total estimated net capital cost is
less than $250,000,000.
(b) General Authority.--The Secretary may make grants under
this section to assist State and local governmental authorities
in financing--
(1) new fixed guideway capital projects under
subsections (d) and (e), including the acquisition of
real property, the initial acquisition of rolling stock
for the systems, the acquisition of rights-of-way, and
relocation assistance, for fixed guideway corridor
development for projects in the advanced stages of
planning or in project development; and
(2) the development of corridors to support new fixed
guideway capital projects under subsections (d) and
(e), including protecting rights-of-way through
acquisition, construction of dedicated bus and high
occupancy vehicle lanes, park and ride lots, and other
nonvehicular capital improvements that the Secretary
may determine would result in increased public
transportation usage in the corridor.
(c) Grant Requirements.--
(1) In general.--The Secretary may not approve a
grant under this section unless the Secretary
determines that--
(A) the project is part of an approved long-
range transportation plan and program of
projects required under sections 5203, 5204,
and 5306; and
(B) the applicant has, or will have--
(i) the legal, financial, and
technical capacity to carry out the
project, including safety and security
aspects of the project;
(ii) satisfactory continuing control
over the use of the equipment or
facilities; and
(iii) the capability and willingness
to maintain the equipment or
facilities.
(2) Certification.--An applicant that has submitted
the certifications required under subparagraphs (A),
(B), (C), and (H) of section 5307(d)(1) shall be deemed
to have provided sufficient information upon which the
Secretary may make the determinations required under
this subsection.
(3) Grantee requirements.--The Secretary shall
require that any grant awarded under this section to a
recipient be subject to all terms, conditions,
requirements, and provisions that the Secretary
determines to be necessary or appropriate for the
purposes of this section, including requirements for
the disposition of net increases in the value of real
property resulting from the project assisted under this
section.
(d) New Start Projects.--
(1) Full funding grant agreement.--
(A) In general.--A new start project shall be
carried out through a full funding grant
agreement.
(B) Criteria.--The Secretary shall enter into
a full funding grant agreement, based on the
evaluations and ratings required under this
subsection, with each grantee receiving
assistance for a new start project that--
(i) is authorized for project
development; and
(ii) has been rated as high, medium-
high, or medium, in accordance with
paragraph (5).
(2) Approval of grants.--The Secretary may approve a
grant under this section for a new start project only
if the Secretary, based upon evaluations and
considerations set forth in paragraph (3), determines
that the project--
(A) has been adopted as the locally preferred
alternative as part of the long-range
transportation plan required under section
5203;
(B) is based on the results of an evaluation
of the benefits of the project as set forth in
paragraph (3); and
(C) is supported by an acceptable degree of
local financial commitment (including evidence
of stable and dependable financing sources) to
construct, maintain, and operate the system or
extension, and maintain and operate the entire
public transportation system without requiring
a reduction in existing public transportation
services or level of service to operate the
project.
(3) Evaluation of benefits and federal investment.--
In making a determination for a new start project under
paragraph (2)(B), the Secretary shall analyze,
evaluate, and consider the following evaluation
criteria for the project (as compared to a no-action
alternative):
(A) The cost effectiveness of the project.
(B) The mobility and accessibility benefits
of the project, including direct intermodal
connectivity with other modes of
transportation.
(C) The degree of congestion relief
anticipated as a result of the project.
(D) The reductions in energy consumption and
air pollution associated with the project.
(E) The economic development effects
associated with the project.
(F) The private contributions to the project,
including cost-effective project delivery,
management or transfer of project risks,
expedited project schedule, financial
partnering, and other public-private
strategies.
(4) Evaluation of local financial commitment.--In
making a determination for a new start project under
paragraph (2)(C), the Secretary shall--
(A) require that the proposed project plan
provide for the availability of contingency
amounts that the Secretary determines to be
reasonable to cover unanticipated cost
increases;
(B) require that each proposed local source
of capital and operating financing is stable,
reliable, and available within the project
timetable;
(C) consider private contributions to the
project, including cost-effective project
delivery, management or transfer of project
risks, expedited project schedule, financial
partnering, and other public-private
partnership strategies;
(D) consider the extent to which the project
has a local financial commitment that exceeds
the required non-Federal share of the cost of
the project; and
(E) consider the elements of the overall
proposed public transportation system advanced
with 100 percent non-Federal funds.
(5) Ratings.--In carrying out paragraphs (3) and (4)
for a new start project, the Secretary shall evaluate
and rate the project on a 5-point scale (high, medium-
high, medium, medium-low, or low) based on an
evaluation of the benefits of the project as compared
to the Federal assistance to be provided and the degree
of local financial commitment, as required under this
subsection. In rating the projects, the Secretary shall
provide, in addition to the overall project rating,
individual ratings for each of the criteria established
by this subsection and shall give comparable, but not
necessarily equal, numerical weight to the benefits
that the project will bring to the community in
calculating the overall project rating.
(e) Small Start Projects.--
(1) In general.--
(A) Applicability of requirements.--Except as
provided by subparagraph (B), a small start
project shall be subject to the requirements of
this subsection.
(B) Projects receiving less than $25,000,000
in federal assistance.--If the assistance
provided under this section for a small start
project is less than $25,000,000--
(i) the requirements of this
subsection shall not apply to the
project if determined appropriate by
the Secretary; and
(ii) the Secretary shall utilize
special warrants described in
subsection (n) to advance the project
and provide Federal assistance as
appropriate.
(2) Selection criteria.--The Secretary may provide
Federal assistance for a small start project under this
subsection only if the Secretary determines that the
project--
(A) has been adopted as the locally preferred
alternative as part of the long-range
transportation plan required under section
5203;
(B) is based on the results of an analysis of
the benefits of the project as set forth in
paragraph (3); and
(C) is supported by an acceptable degree of
local financial commitment.
(3) Evaluation of benefits and federal investment.--
In making a determination for a small start project
under paragraph (2)(B), the Secretary shall analyze,
evaluate, and consider the following evaluation
criteria for the project (as compared to a no-action
alternative):
(A) The cost effectiveness of the project.
(B) The mobility and accessibility benefits
of the project, including direct intermodal
connectivity with other modes of
transportation.
(C) The degree of congestion relief
anticipated as a result of the project.
(D) The economic development effects
associated with the project.
(4) Evaluation of local financial commitment.--For
purposes of paragraph (2)(C), the Secretary shall
require that each proposed local source of capital and
operating financing is stable, reliable, and available
within the proposed project timetable.
(5) Ratings.--In carrying out paragraphs (3) and (4)
for a small start project, the Secretary shall evaluate
and rate the project on a 5-point scale (high, medium-
high, medium, medium-low, or low) based on an
evaluation of the benefits of the project as compared
to the Federal assistance to be provided and the degree
of local financial commitment, as required under this
subsection. In rating the projects, the Secretary shall
provide, in addition to the overall project rating,
individual ratings for each of the criteria established
by this subsection and shall give comparable, but not
necessarily equal, numerical weight to the benefits
that the project will bring to the community in
calculating the overall project rating.
(6) Grants and expedited grant agreements.--
(A) In general.--The Secretary, to the
maximum extent practicable, shall provide
Federal assistance under this subsection in a
single grant. If the Secretary cannot provide
such a single grant, the Secretary may execute
an expedited grant agreement in order to
include a commitment on the part of the
Secretary to provide funding for the project in
future fiscal years.
(B) Terms of expedited grant agreements.--In
executing an expedited grant agreement under
this subsection, the Secretary may include in
the agreement terms similar to those
established under subsection (g)(2)(A).
(C) Notice of proposed grants and expedited
grant agreements.--At least 10 days before
making a grant award or entering into a grant
agreement for a project under this subsection,
the Secretary shall notify, in writing, the
Committee on Transportation and Infrastructure
and the Committee on Appropriations of the
House of Representatives and the Committee on
Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate of
the proposed grant or expedited grant
agreement, as well as the evaluations and
ratings for the project.
(7) Inclusion of corridor-based capital projects.--In
this subsection, the term ``small start project''
includes a corridor-based capital project if--
(A) a majority of the project operates in a
separate right-of-way dedicated for transit use
during peak hour operations; or
(B) the project represents a substantial
investment in a defined corridor as
demonstrated by investment in fixed transit
facilities and equipment such as substantial
transit stations, intelligent transportation
systems technology, traffic signal priority,
off-board fare collection, and other direct
investments in the corridor.
(f) Previously Issued Letter of Intent or Grant Agreement.--
Subsections (d) and (e) do not apply to projects for which the
Secretary has issued a letter of intent, entered into an early
systems work agreement or a full funding grant agreement, or
has been approved to enter final design before the date of
enactment of the Public Transportation Act of 2012.
(g) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
(1) Letters of intent.--
(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an
applicant announcing an intention to obligate,
for a new start project, an amount from future
available budget authority specified in law
that is not more than the amount stipulated as
the financial participation of the Secretary in
the project.
(B) Treatment.--The issuance of a letter
under subparagraph (A) is deemed not to be an
obligation under section 1108(c), 1108(d),
1501, or 1502(a) of title 31 or an
administrative commitment.
(2) Full funding grant agreements.--
(A) Terms.--The Secretary may enter into a
full funding grant agreement with an applicant
for a grant under this section for a new start
project. The agreement shall--
(i) establish the terms of
participation by the Government in the
project;
(ii) establish the maximum amount of
Government financial assistance for the
project;
(iii) cover the period of time for
completing the project, including, if
necessary, a period extending beyond
the period of an authorization;
(iv) make timely and efficient
management of the project easier
according to the laws of the United
States; and
(v) establish terms requiring the
applicant to repay all Government
payments made under the agreement (plus
such reasonable interest and penalty
charges as are established by the
Secretary in the agreement) if the
applicant does not carry out the
project for reasons within the control
of the applicant.
(B) Special financial rules.--
(i) In general.--A full funding grant
agreement under this paragraph
obligates an amount of available budget
authority specified in law and may
include a commitment (contingent on
amounts to be specified in law in
advance for commitments under this
paragraph) to obligate an additional
amount from future available budget
authority specified in law.
(ii) Statement of contingent
commitment.--The full funding grant
agreement shall state that the
contingent commitment is not an
obligation of the Government.
(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out a
part of the project within a reasonable
time are a cost of carrying out the
project under a full funding grant
agreement, except that eligible costs
may not be more than the cost of the
most favorable financing terms
reasonably available for the project at
the time of borrowing. The applicant
shall certify, in a way satisfactory to
the Secretary, that the applicant has
shown reasonable diligence in seeking
the most favorable financing terms.
(iv) Completion of operable
segment.--The amount stipulated in a
full funding grant agreement for a new
start project shall be sufficient to
complete at least one operable segment.
(C) Before and after study.--
(i) In general.--A full funding grant
agreement under this paragraph shall
require the applicant to conduct a
study that--
(I) describes and analyzes
the impacts of the new start
project on transit services and
transit ridership;
(II) evaluates the
consistency of predicted and
actual project characteristics
and performance; and
(III) identifies sources of
differences between predicted
and actual outcomes.
(ii) Information collection and
analysis plan.--
(I) Submission of plan.--An
applicant seeking a full
funding grant agreement under
this paragraph shall submit to
the Secretary a complete plan
for the collection and analysis
of information to identify the
impacts of the new start
project and the accuracy of the
forecasts prepared during the
development of the project.
Preparation of the plan shall
be included in the agreement as
an eligible activity.
(II) Contents of plan.--The
plan submitted under subclause
(I) shall provide for--
(aa) the collection
of data on the current
transit system of the
applicant regarding
transit service levels
and ridership patterns,
including origins and
destinations, access
modes, trip purposes,
and rider
characteristics;
(bb) documentation of
the predicted scope,
service levels, capital
costs, operating costs,
and ridership of the
project;
(cc) collection of
data on the transit
system of the applicant
2 years after the
opening of the new
start project,
including analogous
information on transit
service levels and
ridership patterns and
information on the as-
built scope and capital
costs of the project;
and
(dd) an analysis of
the consistency of
predicted project
characteristics with
the data collected
under item (cc).
(D) Collection of data on current system.--To
be eligible to enter into a full funding grant
agreement under this paragraph for a new start
project, an applicant shall have collected data
on the current transit system of the applicant,
according to the plan required under
subparagraph (C)(ii), before the beginning of
construction of the project. Collection of the
data shall be included in the full funding
grant agreement as an eligible activity.
(3) Early systems work agreements.--
(A) Conditions.--The Secretary may enter into
an early systems work agreement with an
applicant for a new start project if a record
of decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued on the project and the Secretary
finds there is reason to believe a full funding
grant agreement for the project will be made.
(B) Contents.--
(i) In general.--A work agreement
under this paragraph for a new start
project obligates an amount of
available budget authority specified in
law and shall provide for reimbursement
of preliminary costs of carrying out
the project, including land
acquisition, timely procurement of
system elements for which
specifications are decided, and other
activities the Secretary decides are
appropriate to make efficient, long-
term project management easier.
(ii) Period covered.--A work
agreement under this paragraph shall
cover the period of time the Secretary
considers appropriate. The period may
extend beyond the period of current
authorization.
(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out the
work agreement within a reasonable time
are a cost of carrying out the
agreement, except that eligible costs
may not be more than the cost of the
most favorable financing terms
reasonably available for the project at
the time of borrowing. The applicant
shall certify, in a manner satisfactory
to the Secretary, that the applicant
has shown reasonable diligence in
seeking the most favorable financing
terms.
(iv) Failure to carry out project.--
If, after entering into a work
agreement under this paragraph for a
new start project, an applicant does
not carry out the project for reasons
within the control of the applicant,
the applicant shall repay all
Government payments made under the work
agreement plus reasonable interest and
penalty charges the Secretary
establishes in the agreement.
(4) Limitation on amounts.--
(A) New start grants contingent commitment
authority.--The total estimated amount of
future obligations of the Government and
contingent commitments to incur obligations
covered by all outstanding letters of intent,
full funding grant agreements, and early
systems work agreements under this subsection
for new start projects may be not more than the
greater of the amount authorized under section
5338(b) for such projects or an amount
equivalent to the last 3 fiscal years of
funding allocated under subsection (m)(2)(B)
for such projects, less an amount the Secretary
reasonably estimates is necessary for grants
under this section for the projects that are
not covered by a letter or agreement. The total
amount covered by new letters and contingent
commitments included in full funding grant
agreements and early systems work agreements
for such projects may be not more than a
limitation specified in law.
(B) Appropriation required.--An obligation
may be made under this subsection only when
amounts are appropriated for the obligation.
(5) Notification of congress.--At least 10 days
before issuing a letter of intent or an early systems
work agreement under this section, and at least 21 days
before entering into a full funding grant agreement
under this section, the Secretary shall notify, in
writing, the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs and the Committee
on Appropriations of the Senate of the proposed letter
or agreement. The Secretary shall include with the
notification a copy of the proposed letter or agreement
as well as the evaluations and ratings for the project.
(h) Government's Share of Net Project Cost.--
(1) In general.--Based on engineering studies,
studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary
shall estimate the net capital project cost of a new
fixed guideway capital project. A grant under this
section for the project shall be for 80 percent of the
net capital project cost unless the grant recipient
requests a lower grant percentage.
(2) Adjustment for completion under budget.--The
Secretary may adjust the final net project cost of a
new fixed guideway capital project evaluated under
subsections (d) and (e) to include the cost of eligible
activities not included in the originally defined
project if the Secretary determines that the originally
defined project has been completed at a cost that is
significantly below the original estimate.
(3) Remainder of net project cost.--The remainder of
net project costs shall be provided from an
undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital from
public or private sources.
(4) Limitation on statutory construction.--Nothing in
this section shall be construed as authorizing the
Secretary to request or require a non-Federal financial
commitment for a project that is more than 20 percent
of the net capital project cost.
(5) Special rule for rolling stock costs.--In
addition to amounts allowed pursuant to paragraph (1),
a planned extension to a fixed guideway system may
include the cost of rolling stock previously purchased
if the applicant satisfies the Secretary that only
amounts other than amounts of the Government were used
and that the purchase was made for use on the
extension. A refund or reduction of the remainder may
be made only if a refund of a proportional amount of
the grant of the Government is made at the same time.
(i) Undertaking Projects in Advance.--
(1) In general.--The Secretary may pay the
Government's share of the net capital project cost to a
State or local governmental authority that carries out
any part of a project described in this section without
the aid of amounts of the Government and according to
all applicable procedures and requirements if--
(A) the State or local governmental authority
applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the
project, the Secretary approves the plans and
specifications for the part in the same manner
as other projects under this section.
(2) Financing costs.--
(A) In general.--The cost of carrying out
part of a project includes the amount of
interest earned and payable on bonds issued by
the State or local governmental authority to
the extent proceeds of the bonds are expended
in carrying out the part.
(B) Limitation on amount of interest.--The
amount of interest under this paragraph may not
be more than the most favorable interest terms
reasonably available for the project at the
time of borrowing.
(C) Certification.--The applicant shall
certify, in a manner satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financial terms.
(j) Availability of Amounts.--An amount made available or
appropriated under section 5338(b) for new fixed guideway
capital projects shall remain available for a period of 3
fiscal years after the fiscal year in which the amount is made
available or appropriated. Any of such amount that is
unobligated at the end of such period shall be rescinded and
deposited in the general fund of the Treasury, where such
amounts shall be dedicated for the sole purpose of deficit
reduction and prohibited from use as an offset for other
spending increases or revenue reductions.
(k) Reports on New Start Projects.--
(1) Annual report on funding recommendations.--Not
later than the first Monday in February of each year,
the Secretary shall submit to the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and
the Committee on Appropriations of the Senate a report
that includes--
(A) a proposal of allocations of amounts to
be available to finance grants for new fixed
guideway capital projects among applicants for
these amounts;
(B) evaluations and ratings, as required
under subsections (d) and (e), for each such
project that is authorized by the Public
Transportation Act of 2012; and
(C) recommendations of such projects for
funding based on the evaluations and ratings
and on existing commitments and anticipated
funding levels for the next 3 fiscal years
based on information currently available to the
Secretary.
(2) Biennial gao review.--Beginning 2 years after the
date of enactment of the Public Transportation Act of
2012, the Comptroller General of the United States
shall--
(A) conduct a biennial review of--
(i) the processes and procedures for
evaluating, rating, and recommending
new fixed guideway capital projects;
and
(ii) the Secretary's implementation
of such processes and procedures; and
(B) on a biennial basis, report to Congress
on the results of such review by May 31.
(l) Before and After Study Report.--Not later than the first
Monday of August of each year, the Secretary shall submit to
the committees referred to in subsection (k)(1) a report
containing a summary of the results of the studies conducted
under subsection (g)(2)(C).
(m) Limitations.--
(1) Limitation on grants.--The Secretary may make a
grant or enter into a grant agreement for a new fixed
guideway capital project under this section only if the
project has been rated as high, medium-high, or medium
or the Secretary has issued a special warrant described
in subsection (n) in lieu of such ratings.
(2) Fiscal years 2013 through 2016.--Of the amounts
made available or appropriated for fiscal years 2013
through 2016 under section 5338(b)--
(A) $150,000,000 for each fiscal year shall
be allocated for small start projects in
accordance with subsection (e); and
(B) the remainder shall be allocated for new
start projects in accordance with subsection
(d).
(3) Limitation on expenditures.--None of the amounts
made available or appropriated under section 5338(b)
may be expended on a project that has not been adopted
as the locally preferred alternative as part of a long-
range transportation plan.
(n) Expedited Project Advancement.--
(1) Warrants.--The Secretary, to the maximum extent
practicable, shall develop and utilize special warrants
to advance projects and provide Federal assistance
under this section. Special warrants may be utilized to
advance new fixed guideway projects under this section
without requiring evaluations and ratings described
under subsections (d)(5) and (e)(5). Such warrants
shall be--
(A) based on current transit ridership,
corridor characteristics, and service on
existing alignments;
(B) designed to assess distinct categories of
projects, such as proposed new service
enhancements on existing alignments, new line
haul service, and new urban circulator service;
and
(C) based on the benefits for proposed
projects as set forth in subsections (d)(3) and
(e)(3) for the Federal assistance provided or
to be provided under this subsection.
(2) New project development.--
(A) In general.--A project sponsor who
requests Federal funding under this section
shall apply to the Secretary to begin new
project development after a proposed new fixed
guideway capital project has been adopted as
the locally preferred alternative as part of
the metropolitan long-range transportation plan
required under section 5303, and funding
options for the non-Federal funding share have
been identified. The application for new
project development shall specify whether the
project sponsor is seeking Federal assistance
under subsection (d) or (e).
(B) Applications.--
(i) Notice to congress.--Not later
than 10 days after the date of receipt
of an application for new project
development under subparagraph (A), the
Secretary shall provide written notice
of the application to the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Banking, Housing, and
Urban Affairs of the Senate.
(ii) Approval or disapproval.--On the
11th day following the date on which
the Secretary provides written notice
of an application for new project
development under clause (i), the
Secretary shall approve or disapprove
the application.
(C) Project authorization.--Upon approval of
an application to begin new project
development, the proposed new fixed guideway
capital project shall be authorized and
eligible for Federal funding under this
section.
(3) Letters of intent and early systems work
agreements.--The Secretary, to the maximum extent
practicable, shall issue letters of intent and make
early systems work agreements upon issuance of a record
of decision under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(4) Funding agreements.--The Secretary shall enter
into a full funding grant agreement, expedited grant
agreement, or grant, as appropriate, between the
Government and the project sponsor as soon as the
Secretary determines that the project meets the
requirements of subsection (d) or (e).
(5) Records retention.--The Secretary shall adhere to
a uniform records retention policy regarding all
documentation related to new fixed guideway capital
projects.
(o) Regulations.--Not later than 240 days after the date of
enactment of the Public Transportation Act of 2012, the
Secretary shall issue regulations establishing new program
requirements for the programs created under this section,
including new evaluation and rating processes for proposed
projects under this section.
Sec. 5310. Bus and bus facilities formula grants
(a) General Authority.--The Secretary may make grants under
this section to assist States and local governmental
authorities in financing capital projects--
(1) to replace, rehabilitate, and purchase buses and
related equipment; and
(2) to construct bus-related facilities.
(b) Grant Requirements.--The requirements of subsections (c)
and (d) of section 5307 apply to recipients of grants made
under this section.
(c) Eligible Recipients and Subrecipients.--
(1) Recipients.--Eligible recipients under this
section are providers of public transportation in
urbanized areas that operate fixed route bus services
and that do not operate heavy rail, commuter rail, or
light rail services.
(2) Subrecipients.--A recipient that receives a grant
under this section may allocate the amounts provided to
subrecipients that are public agencies, private
companies engaged in public transportation, or private
nonprofit organizations.
(d) Distribution of Grant Funds.--Grants under this section
shall be distributed pursuant to the formula set forth in
section 5336 other than subsection (b).
(e) Government's Share of Costs.--
(1) Capital projects.--A grant for a capital project,
as defined in section 5302(a)(1), shall be for 80
percent of the net project cost of the project. The
recipient may provide additional local matching
amounts.
(2) Remaining costs.--The remainder of the net
project cost shall be provided--
(A) in cash from non-Government sources other
than revenues from providing public
transportation services;
(B) from revenues derived from the sale of
advertising and concessions;
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital; and
(D) from amounts received under a service
agreement with a State or local social service
agency or private social service organization.
(f) Period of Availability to Recipients.--A grant made
available under this section may be obligated by the recipient
for 3 years after the fiscal year in which the amount is
apportioned. Not later than 30 days after the end of the 3-year
period, an amount that is not obligated at the end of that
period shall be added to the amount that may be apportioned
under this section in the next fiscal year.
(g) Transfers of Apportionments.--
(1) Transfer to certain areas.--The chief executive
officer of a State may transfer any part of the State's
funds made available under this section to urbanized
areas of less than 200,000 in population or to rural
areas in the State, after consulting with responsible
local officials and publicly owned operators of public
transportation in each area for which the amount
originally was provided under this section.
(2) Transfer to state.--A designated recipient for an
urbanized area with a population of at least 200,000
may transfer a part of its grant funds provided under
this section to the chief executive officer of a State.
The chief executive officer shall distribute the
transferred amounts to urbanized areas of less than
200,000 in population or to rural areas in the State.
(h) Application of Other Sections.--Sections 5302, 5318,
5323(a)(1), 5323(d), 5323(f), 5332, and 5333 apply to this
section and to a grant made with funds apportioned under this
section. Except as provided in this section, no other provision
of this chapter applies to this section or to a grant under
this section.
[Sec. 5311. Formula grants for other than urbanized areas]
Sec. 5311. Rural area formula grants
(a) * * *
(b) General Authority.--
(1) * * *
* * * * * * *
(3) Rural transportation assistance program.--
(A) * * *
* * * * * * *
(C) Projects of a national scope.--Not more
than 15 percent of the amounts available under
subparagraph (B) may be used by the Secretary
to carry out projects of a national scope, with
the remaining balance provided to the States.
In carrying out such projects, the Secretary
shall enter into a competitively selected
contract to provide on-site technical
assistance to local and regional governments,
public transit agencies, and public
transportation-related nonprofit and for-profit
organizations in rural areas for the purpose of
developing training materials and providing
necessary training assistance to local
officials and agencies in rural areas.
* * * * * * *
(5) Program goals.--The goals of this section are--
(A) to enhance the mobility and access of
people in rural areas by assisting in the
development, construction, operation,
improvement, maintenance, and use of public
transportation systems and services in rural
areas;
(B) to increase the intermodalism of and
connectivity among public transportation
systems and services within rural areas and to
urban areas by providing for maximum
coordination of programs and services;
(C) to increase the state of good repair of
rural public transportation assets; and
(D) to enhance the mobility and access of
people in rural areas by assisting in the
development and support of intercity bus
transportation.
(c) Apportionments.--
[(1) Public transportation on Indian reservations.--
Of the amounts made available or appropriated for each
fiscal year pursuant to subsections (a)(1)(C)(v) and
(b)(2)(G) of section 5338, the following amounts shall
be apportioned for grants to Indian tribes for any
purpose eligible under this section, under such terms
and conditions as may be established by the Secretary:
[(A) $8,000,000 for fiscal year 2006.
[(B) $10,000,000 for fiscal year 2007.
[(C) $12,000,000 for fiscal year 2008.
[(D) $15,000,000 for fiscal year 2009.
[(E) $15,000,000 for fiscal year 2010.
[(F) $15,000,000 for fiscal year 2011.
[(G) $15,000,000 for fiscal year 2012.]
(2) Remaining amounts.--Of the amounts made available
or appropriated for each fiscal year pursuant to
subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338
that are not apportioned under paragraph (1)--
(A) 20 percent shall be apportioned to the
States in accordance with paragraph (3); [and]
[(B) 80 percent shall be apportioned to the
States in accordance with paragraph (4).]
(B) 70 percent shall be apportioned to the
States in accordance with paragraph (4); and
(C) 10 percent shall be apportioned to the
States in accordance with paragraph (5).
* * * * * * *
(5) Apportionments based on public transportation
services provided in rural areas.--The Secretary shall
apportion to each State an amount equal to the amount
apportioned under paragraph (2)(C) as follows:
(A) \1/2\ of such amount multiplied by the
ratio that--
(i) the number of public
transportation revenue vehicle-miles
operated in or attributable to rural
areas in that State, as determined by
the Secretary; bears to
(ii) the total number of all public
transportation revenue vehicle-miles
operated in or attributable to rural
areas in all States; and
(B) \1/2\ of such amount multiplied by the
ratio that--
(i) the number of public
transportation unlinked passenger trips
operated in or attributable to rural
areas in that State, as determined by
the Secretary; bears to
(ii) the total number of all public
transportation unlinked passenger trips
operated in or attributable to rural
areas in all States.
* * * * * * *
(e) Use for Administration, Planning, and Technical
Assistance.--The Secretary of Transportation may allow a State
to use not more than [15 percent] 10 percent of the amount
apportioned under this section to administer this section and
provide technical assistance to a subrecipient, including
project planning, program and management development,
coordination of public transportation programs, and research
the State considers appropriate to promote effective delivery
of public transportation to an area other than an urbanized
area.
(f) Intercity Bus Transportation.--
(1) In general.--A State shall expend at least 15
percent of the amount made available in each fiscal
year to carry out a program to develop and support
intercity bus transportation. Eligible activities under
the program include--
(A) * * *
(B) capital grants for intercity bus
[shelters] facilities;
(C) joint-use [stops and depots] facilities;
* * * * * * *
(g) Government Share of Costs.--
(1) * * *
* * * * * * *
(3) Remainder.--The remainder of net project costs--
(A) * * *
(B) may be derived from amounts appropriated
or otherwise made available to a department or
agency of the Government (other than the
Department of Transportation) that are eligible
to be expended for transportation; [and]
(C) notwithstanding subparagraph (B), may be
derived from amounts made available to carry
out the Federal lands highway program
established by section 204 of title 23[.]; and
(D) may be derived from the costs of a
private operator's intercity bus service as an
in-kind match for the operating costs of
connecting rural intercity bus feeder service
funded under subsection (f), except that this
subparagraph shall apply only if the project
includes both feeder service and a connecting
unsubsidized intercity route segment and if the
private operator agrees in writing to the use
of its unsubsidized costs as an in-kind match.
* * * * * * *
[Sec. 5312. Research, development, demonstration, and deployment
projects]
Sec. 5312. Transit research
(a) Research, Development, Demonstration, and Deployment
Projects.--
(1) * * *
* * * * * * *
(4) Funding.--The amounts made available under
section 5338(c) are available to the Secretary for
grants, contracts, cooperative agreements, or other
agreements for the purposes of this section and
sections 5305 and 5322, as the Secretary considers
appropriate.
(b) Joint Partnership Program for Deployment of Innovation.--
(1) * * *
* * * * * * *
(5) Use of revenues.--The Secretary shall accept, to
the maximum extent practicable, a portion of the
revenues resulting from sales of an innovation project
funded under this section. Such revenues shall be
accounted for separately within the [Mass Transit
Account] Alternative Transportation Account of the
Highway Trust Fund and shall be available to the
Secretary for activities under this subsection. Annual
revenues that are less than $1,000,000 shall be
available for obligation without further appropriation
and shall not be subject to any obligation limitation.
[(c) International Public Transportation Program.--
[(1) Activities.--The Secretary is authorized to
engage in activities to inform the United States
domestic public transportation community about
technological innovations available in the
international marketplace and activities that may
afford domestic businesses the opportunity to become
globally competitive in the export of public
transportation products and services. Such activities
may include--
[(A) development, monitoring, assessment, and
dissemination domestically of information about
worldwide public transportation market
opportunities;
[(B) cooperation with foreign public sector
entities in research, development,
demonstration, training, and other forms of
technology transfer and exchange of experts and
information;
[(C) advocacy, in international public
transportation markets, of firms, products, and
services available from the United States;
[(D) informing the international market about
the technical quality of public transportation
products and services through participation in
seminars, expositions, and similar activities;
and
[(E) offering those Federal Transit
Administration technical services which cannot
be readily obtained from the United States
private sector to foreign public authorities
planning or undertaking public transportation
projects if the cost of these services will be
recovered under the terms of each project.
[(2) Cooperation.--The Secretary may carry out
activities under this subsection in cooperation with
other Federal agencies, State or local agencies, public
or private nonprofit institutions, government
laboratories, foreign governments, or any other
organization the Secretary determines is appropriate.
[(3) Funding.--The funds available to carry out this
subsection shall include revenues paid to the Secretary
by any cooperating organization or person. Such
revenues shall be available to the Secretary to carry
out activities under this subsection, including
promotional materials, travel, reception, and
representation expenses necessary to carry out such
activities. Annual revenues that are less than
$1,000,000 shall be available for obligation without
further appropriation and shall not be subject to any
obligation limitation. Not later than January 1 of each
fiscal year, the Secretary shall publish a report on
the activities under this paragraph funded from the
account.]
(c) Transit Cooperative Research Program.--
(1) In general.--The Secretary shall carry out a
public transportation cooperative research program
using amounts made available under section 5338(c).
(2) Independent governing board.--The Secretary shall
establish an independent governing board for the
program. The board shall recommend public
transportation research, development, and technology
transfer activities to be carried out under the
program.
(3) Grants and cooperative agreements.--The Secretary
may make grants to, and enter into cooperative
agreements with, the National Academy of Sciences to
carry out activities under this subsection that the
Secretary determines appropriate.
(d) Government Share.--If there would be a clear and direct
financial benefit to an entity under a grant or contract
financed under this section, the Secretary shall establish a
Government share consistent with that benefit.
[Sec. 5313. Transit cooperative research program
[(a) Cooperative Research Program.--The amounts made
available under subsections (a)(5)(C)(iii) and (d)(1) of
section 5338 are available for a public transportation
cooperative research program. The Secretary of Transportation
shall establish an independent governing board for the program.
The board shall recommend public transportation research,
development, and technology transfer activities the Secretary
considers appropriate.
[(b) Federal Assistance.--The Secretary may make grants to,
and cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that the
Secretary decides are appropriate.
[(c) Government's Share.--If there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under this section, the Secretary shall establish a
Government share consistent with that benefit.
[Sec. 5314. National research programs
[(a) Program.--(1) The amounts made available under section
5338(d) are available to the Secretary of Transportation for
grants, contracts, cooperative agreements, or other agreements
for the purposes of sections 5312, 5315, and 5322 of this
title, as the Secretary considers appropriate.
[(2) The Secretary shall provide public transportation-
related technical assistance, demonstration programs, research,
public education, and other activities the Secretary considers
appropriate to help public transportation providers comply with
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.). To the extent practicable, the Secretary shall carry out
this paragraph through a contract with a national nonprofit
organization serving individuals with disabilities that has a
demonstrated capacity to carry out the activities.
[(3) Not more than 25 percent of the amounts available under
paragraph (1) of this subsection is available to the Secretary
for special demonstration initiatives, subject to terms the
Secretary considers consistent with this chapter, except that
section 5333(b) of this title applies to an operational grant
financed in carrying out section 5312(a) of this title. For a
nonrenewable grant of not more than $100,000, the Secretary
shall provide expedited procedures on complying with the
requirements of this chapter.
[(4)(A) The Secretary may undertake a program of public
transportation technology development in coordination with
affected entities.
[(B) The Secretary shall develop guidelines for cost sharing
in technology development projects financed under this
paragraph. The guidelines shall be flexible and reflect the
extent of technical risk, market risk, and anticipated supplier
benefits and payback periods.
[(5) The Secretary may use amounts appropriated under this
subsection to supplement amounts available under section
5313(a) of this title, as the Secretary considers appropriate.
[(6) Medical transportation demonstration grants.--
[(A) Grants authorized.--The Secretary may award
demonstration grants, from funds made available under
paragraph (1), to eligible entities to provide
transportation services to individuals to access
dialysis treatments and other medical treatments for
renal disease.
[(B) Eligible entities.--An entity shall be eligible
to receive a grant under this paragraph if the entity--
[(i) meets the conditions described in
section 501(c)(3) of the Internal Revenue Code
of 1986; or
[(ii) is an agency of a State or unit of
local government.
[(C) Use of funds.--Grant funds received under this
paragraph may be used to provide transportation
services to individuals to access dialysis treatments
and other medical treatments for renal disease.
[(D) Application.--
[(i) In general.--Each eligible entity
desiring a grant under this paragraph shall
submit an application to the Secretary at such
time, at such place, and containing such
information as the Secretary may reasonably
require.
[(ii) Selection of grantees.--In awarding
grants under this paragraph, the Secretary
shall give preference to eligible entities from
communities with--
[(I) high incidence of renal disease;
and
[(II) limited access to dialysis
facilities.
[(E) Rulemaking.--The Secretary shall issue
regulations to implement and administer the grant
program established under this paragraph.
[(F) Report.--The Secretary shall submit a report on
the results of the demonstration projects funded under
this paragraph to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
[(b) Government's Share.--When there would be a clear and
direct financial benefit to an entity under a grant, contract,
cooperative agreement, or other agreement under subsection (a)
or section 5312, the Secretary shall establish a United States
Government share consistent with the benefit.
[(c) National Technical Assistance Center for Senior
Transportation.--
[(1) Establishment.--The Secretary shall award grants
to a national not-for-profit organization for the
establishment and maintenance of a national technical
assistance center.
[(2) Eligibility.--An organization shall be eligible
to receive a grant under paragraph (1) if the
organization--
[(A) focuses significantly on serving the
needs of the elderly;
[(B) has demonstrated knowledge and expertise
in senior transportation policy and planning
issues;
[(C) has affiliates in a majority of the
States;
[(D) has the capacity to convene local groups
to consult on operation and development of
senior transportation programs; and
[(E) has established close working
relationships with the Federal Transit
Administration and the Administration on Aging.
[(3) Use of funds.--The national technical assistance
center established under this section shall--
[(A) gather best practices from throughout
the Nation and provide such practices to local
communities that are implementing senior
transportation programs;
[(B) work with teams from local communities
to identify how the communities are
successfully meeting the transportation needs
of senior citizens and any gaps in services in
order to create a plan for an integrated senior
transportation program;
[(C) provide resources on ways to pay for
senior transportation services;
[(D) create a web site to publicize and
circulate information on senior transportation
programs;
[(E) establish a clearinghouse for print,
video, and audio resources on senior mobility;
and
[(F) administer the demonstration grant
program established under paragraph (4).
[(4) Grants authorized.--
[(A) In general.--The national technical
assistance center established under this
section, in consultation with the Federal
Transit Administration, shall award senior
transportation demonstration grants to--
[(i) local transportation
organizations;
[(ii) State agencies;
[(iii) units of local government; and
[(iv) nonprofit organizations.
[(B) Use of funds.--Grant funds received
under this paragraph may be used to--
[(i) evaluate the state of
transportation services for senior
citizens;
[(ii) recognize barriers to mobility
that senior citizens encounter in their
communities;
[(iii) establish partnerships and
promote coordination among community
stakeholders, including public, not-
for- profit, and for-profit providers
of transportation services for senior
citizens;
[(iv) identify future transportation
needs of senior citizens within local
communities; and
[(v) establish strategies to meet the
unique needs of healthy and frail
senior citizens.
[(C) Selection of grantees.--The Secretary
shall select grantees under this paragraph
based on a fair representation of various
geographical locations throughout the United
States.
[Sec. 5315. National transit institute
[(a) Establishment.--The Secretary shall award grants to
Rutgers University to conduct a national transit institute.
[(b) Duties.--
[(1) In general.--In cooperation with the Federal
Transit Administration, State transportation
departments, public transportation authorities, and
national and international entities, the institute
established under subsection (a) shall develop and
conduct training and educational programs for Federal,
State, and local transportation employees, United
States citizens, and foreign nationals engaged or to be
engaged in Government-aid public transportation work.
[(2) Training and educational programs.--The training
and educational programs developed under paragraph (1)
may include courses in recent developments, techniques,
and procedures related to--
[(A) intermodal and public transportation
planning;
[(B) management;
[(C) environmental factors;
[(D) acquisition and joint use rights-of-way;
[(E) engineering and architectural design;
[(F) procurement strategies for public
transportation systems;
[(G) turnkey approaches to delivering public
transportation systems;
[(H) new technologies;
[(I) emission reduction technologies;
[(J) ways to make public transportation
accessible to individuals with disabilities;
[(K) construction, construction management,
insurance, and risk management;
[(L) maintenance;
[(M) contract administration;
[(N) inspection;
[(O) innovative finance;
[(P) workplace safety; and
[(Q) public transportation security.
[(c) Providing Education and Training.--Education and
training of Government, State, and local transportation
employees under this section shall be provided--
[(1) by the Secretary at no cost to the States and
local governments for subjects that are a Government
program responsibility; or
[(2) when the education and training are paid under
subsection (d) of this section, by the State, with the
approval of the Secretary, through grants and contracts
with public and private agencies, other institutions,
individuals, and the institute.
[(d) Availability of Amounts.--Not more than .5 percent of
the amounts made available for a fiscal year beginning after
September 30, 1991, to a State or public transportation
authority in the State to carry out sections 5307 and 5309 of
this title is available for expenditure by the State and public
transportation authorities in the State, with the approval of
the Secretary, to pay not more than 80 percent of the cost of
tuition and direct educational expenses related to educating
and training State and local transportation employees under
this section.
[Sec. 5316. Job access and reverse commute formula grants
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Access to jobs project.--The term ``access to
jobs project'' means a project relating to the
development and maintenance of transportation services
designed to transport welfare recipients and eligible
low-income individuals to and from jobs and activities
related to their employment, including--
[(A) transportation projects to finance
planning, capital, and operating costs of
providing access to jobs under this chapter;
[(B) promoting public transportation by low-
income workers, including the use of public
transportation by workers with nontraditional
work schedules;
[(C) promoting the use of transit vouchers
for welfare recipients and eligible low-income
individuals; and
[(D) promoting the use of employer-provided
transportation, including the transit pass
benefit program under section 132 of the
Internal Revenue Code of 1986.
[(2) Eligible low-income individual.--The term
``eligible low-income individual'' means an individual
whose family income is at or below 150 percent of the
poverty line (as that term is defined in section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2)), including any revision required by that
section) for a family of the size involved.
[(3) Recipient.--The term ``recipient'' means a
designated recipient (as defined in section 5307(a)(2))
and a State that receives a grant under this section
directly.
[(4) Reverse commute project.--The term ``reverse
commute project'' means a public transportation project
designed to transport residents of urbanized areas and
other than urbanized areas to suburban employment
opportunities, including any projects to--
[(A) subsidize the costs associated with
adding reverse commute bus, train, carpool, van
routes, or service from urbanized areas and
other than urbanized areas to suburban
workplaces;
[(B) subsidize the purchase or lease by a
nonprofit organization or public agency of a
van or bus dedicated to shuttling employees
from their residences to a suburban workplace;
or
[(C) otherwise facilitate the provision of
public transportation services to suburban
employment opportunities.
[(5) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, nonprofit
organization, or operator of public transportation
services that receives a grant under this section
indirectly through a recipient.
[(6) Welfare recipient.--The term ``welfare
recipient'' means an individual who has received
assistance under a State or tribal program funded under
part A of title IV of the Social Security Act at any
time during the 3-year period before the date on which
the applicant applies for a grant under this section.
[(b) General Authority.--
[(1) Grants.--The Secretary may make grants under
this section to a recipient for access to jobs and
reverse commute projects carried out by the recipient
or a subrecipient.
[(2) Administrative expenses.--A recipient may use
not more than 10 percent of the amounts apportioned to
the recipient under this section to administer, plan,
and provide technical assistance for a project funded
under this section.
[(c) Apportionments.--
[(1) Formula.--The Secretary shall apportion amounts
made available for a fiscal year to carry out this
section as follows:
[(A) 60 percent of the funds shall be
apportioned among designated recipients (as
defined in section 5307(a)(2)) for urbanized
areas with a population of 200,000 or more in
the ratio that--
[(i) the number of eligible low-
income individuals and welfare
recipients in each such urbanized area;
bears to
[(ii) the number of eligible low-
income individuals and welfare
recipients in all such urbanized areas.
[(B) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
[(i) the number of eligible low-
income individuals and welfare
recipients in urbanized areas with a
population of less than 200,000 in each
State; bears to
[(ii) the number of eligible low-
income individuals and welfare
recipients in urbanized areas with a
population of less than 200,000 in all
States.
[(C) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
[(i) the number of eligible low-
income individuals and welfare
recipients in other than urbanized
areas in each State; bears to
[(ii) the number of eligible low-
income individuals and welfare
recipients in other than urbanized
areas in all States.
[(2) Use of apportioned funds.--Except as provided in
paragraph (3)--
[(A) funds apportioned under paragraph (1)(A)
shall be used for projects serving urbanized
areas with a population of 200,000 or more;
[(B) funds apportioned under paragraph (1)(B)
shall be used for projects serving urbanized
areas with a population of less than 200,000;
and
[(C) funds apportioned under paragraph (1)(C)
shall be used for projects serving other than
urbanized areas.
[(3) Exceptions.--A State may use funds apportioned
under paragraphs (1)(B) and (1)(C)--
[(A) for projects serving areas other than
the area specified in paragraph (2)(B) or
(2)(C), as the case may be, if the Governor of
the State certifies that all of the objectives
of this section are being met in the specified
area; or
[(B) for projects anywhere in the State if
the State has established a statewide program
for meeting the objectives of this section.
[(d) Competitive Process for Grants to Subrecipients.--
[(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) shall conduct,
in cooperation with the appropriate metropolitan
planning organization, an areawide solicitation for
applications for grants to the recipient and
subrecipients under this section.
[(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (c)(1)(B) or (c)(1)(C)
shall conduct a statewide solicitation for applications
for grants to the recipient and subrecipients under
this section.
[(3) Application.--Recipients and subrecipients
seeking to receive a grant from funds apportioned under
subsection (c) shall submit to the recipient an
application in the form and in accordance with such
requirements as the recipient shall establish.
[(4) Grant awards.--The recipient shall award grants
under paragraphs (1) and (2) on a competitive basis.
[(e) Transfers.--
[(1) In general.--A State may transfer any funds
apportioned to it under subsection (c)(1)(B) or
(c)(1)(C), or both, to an apportionment under section
5311(c) or 5336, or both.
[(2) Limited to eligible projects.--Any apportionment
transferred under this subsection shall be made
available only for eligible job access and reverse
commute projects as described in this section.
[(3) Consultation.--A State may make a transfer of an
amount under this subsection only after consulting with
responsible local officials and publicly owned
operators of public transportation in each area for
which the amount originally was awarded under
subsection (d)(4).
[(f) Grant Requirements.--
[(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
[(2) Fair and equitable distribution.--A recipient of
a grant under this section shall certify to the
Secretary that allocations of the grant to
subrecipients are distributed on a fair and equitable
basis.
[(g) Coordination.--
[(1) In general.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
[(2) With nonprofit providers.--A State that
transfers funds to an apportionment under section 5336
pursuant to subsection (e) shall certify to the
Secretary that any project for which the funds are
requested under this section has been coordinated with
nonprofit providers of services.
[(3) Project selection and planning.--A recipient of
funds under this section shall certify to the Secretary
that--
[(A) the projects selected were derived from
a locally developed, coordinated public
transit-human services transportation plan; and
[(B) the plan was developed through a process
that included representatives of public,
private, and nonprofit transportation and human
services providers and participation by the
public.
[(h) Government's Share of Costs.--
[(1) Capital projects.--A grant for a capital project
under this section may not exceed 80 percent of the net
capital costs of the project, as determined by the
Secretary.
[(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
[(3) Remainder.--The remainder of the net project
costs--
[(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
[(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
[(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
[(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.
[(i) Program Evaluation.--
[(1) Comptroller General.--Beginning one year after
the date of enactment of the Federal Public
Transportation Act of 2005, and every 2 years
thereafter, the Comptroller General shall--
[(A) conduct a study to evaluate the grant
program authorized by this section; and
[(B) transmit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate a report describing the results of the
study under subparagraph (A).
[(2) Department of Transportation.--Not later than 3
years after the date of enactment of Federal Public
Transportation Act of 2005, the Secretary shall--
[(A) conduct a study to evaluate the
effectiveness of the grant program authorized
by this section and the effectiveness of
recipients making grants to subrecipients under
this section; and
[(B) transmit to the committees referred to
in paragraph (1)(B) a report describing the
results of the study under subparagraph (A).
[Sec. 5317. New freedom program
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Recipient.--The term ``recipient'' means a
designated recipient (as defined in section 5307(a)(2))
and a State that receives a grant under this section
directly.
[(2) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, nonprofit
organization, or operator of public transportation
services that receives a grant under this section
indirectly through a recipient.
[(b) General Authority.--
[(1) Grants.--The Secretary may make grants under
this section to a recipient for new public
transportation services and public transportation
alternatives beyond those required by the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
that assist individuals with disabilities with
transportation, including transportation to and from
jobs and employment support services.
[(2) Administrative expenses.--A recipient may use
not more than 10 percent of the amounts apportioned to
the recipient under this section to administer, plan,
and provide technical assistance for a project funded
under this section.
[(c) Apportionments.--
[(1) Formula.--The Secretary shall apportion amounts
made available to carry out this section as follows:
[(A) 60 percent of the funds shall be
apportioned among designated recipients (as
defined in section 5307(a)(2)) for urbanized
areas with a population of 200,000 or more in
the ratio that--
[(i) the number of individuals with
disabilities in each such urbanized
area; bears to
[(ii) the number of individuals with
disabilities in all such urbanized
areas.
[(B) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
[(i) the number of individuals with
disabilities in urbanized areas with a
population of less than 200,000 in each
State; bears to
[(ii) the number of individuals with
disabilities in urbanized areas with a
population of less than 200,000 in all
States.
[(C) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
[(i) the number of individuals with
disabilities in other than urbanized
areas in each State; bears to
[(ii) the number of individuals with
disabilities in other than urbanized
areas in all States.
[(2) Use of apportioned funds.--Funds apportioned
under paragraph (1) shall be used for projects as
follows:
[(A) Funds apportioned under paragraph (1)(A)
shall be used for projects serving urbanized
areas with a population of 200,000 or more.
[(B) Funds apportioned under paragraph (1)(B)
shall be used for projects serving urbanized
areas with a population of less than 200,000.
[(C) Funds apportioned under paragraph (1)(C)
shall be used for projects serving other than
urbanized areas.
[(3) Transfers.--
[(A) In general.--A State may transfer any
funds apportioned to it under paragraph (1)(B)
or (1)(C), or both, to an apportionment under
section 5311(c) or 5336, or both.
[(B) Limited to eligible projects.--Any funds
transferred pursuant to this paragraph shall be
made available only for eligible projects
selected under this section.
[(C) Consultation.--A State may make a
transfer of an amount under this subsection
only after consulting with responsible local
officials and publicly owned operators of
public transportation in each area for which
the amount originally was awarded under
subsection (d)(4).
[(d) Competitive Process for Grants to Subrecipients.--
[(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) shall conduct,
in cooperation with the appropriate metropolitan
planning organization, an areawide solicitation for
applications for grants to the recipient and
subrecipients under this section.
[(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (c)(1)(B) or (c)(1)(C)
shall conduct a statewide solicitation for applications
for grants to the recipient and subrecipients under
this section.
[(3) Application.--Recipients and subrecipients
seeking to receive a grant from funds apportioned under
subsection (c) shall submit to the recipient an
application in the form and in accordance with such
requirements as the recipient shall establish.
[(4) Grant awards.--The recipient shall award grants
under paragraphs (1) and (2) on a competitive basis.
[(e) Grant Requirements.--
[(1) In general.--A grant under this section shall be
subject to all the requirements of section 5310 to the
extent the Secretary considers appropriate.
[(2) Fair and equitable distribution.--A recipient of
a grant under this section shall certify that
allocations of the grant to subrecipients are
distributed on a fair and equitable basis.
[(f) Coordination.--
[(1) In general.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
[(2) With nonprofit providers.--A recipient that
transfers funds to an apportionment under section 5336
pursuant to subsection (c)(2) shall certify that the
project for which the funds are requested under this
section has been coordinated with nonprofit providers
of services.
[(3) Project selection and planning.--Beginning in
fiscal year 2007, a recipient of funds under this
section shall certify that--
[(A) the projects selected were derived from
a locally developed, coordinated public
transit-human services transportation plan; and
[(B) the plan was developed through a process
that included representatives of public,
private, and nonprofit transportation and human
services providers and participation by the
public.
[(g) Government's Share of Costs.--
[(1) Capital projects.--A grant for a capital project
under this section may not exceed 80 percent of the net
capital costs of the project, as determined by the
Secretary.
[(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
[(3) Remainder.--The remainder of the net project
costs--
[(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
[(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
[(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
[(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.]
Sec. 5317. Coordinated access and mobility program formula grants
(a) Definitions.--In this section, the following definitions
apply:
(1) Elderly individual.--The term ``elderly
individual'' means an individual who is age 65 or
older.
(2) Eligible low-income individual.--The term
``eligible low-income individual'' means an individual
whose family income is at or below 150 percent of the
poverty line (as that term is defined in section 673 of
the Community Services Block Grant Act (42 U.S.C.
9902), including any revision required by that section)
for a family of the size involved.
(3) Job access and reverse commute project.--The term
``job access and reverse commute project'' means a
transportation project to finance planning, capital,
and operating costs that support the development and
maintenance of transportation services designed to
transport welfare recipients and eligible low-income
individuals to and from jobs and activities related to
their employment, including transportation projects
that facilitate the provision of public transportation
services from urbanized areas and rural areas to
suburban employment locations.
(4) Recipient.--The term ``recipient'' means a
designated recipient (as defined in section 5307(a))
and a State that directly receives a grant under this
section.
(5) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, nonprofit
organization, or private operator of public
transportation services that receives a grant under
this section indirectly through a recipient.
(6) Welfare recipient.--The term ``welfare
recipient'' means an individual who has received
assistance under a State or tribal program funded under
part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) at any time during the 3-year
period before the date on which the applicant applies
for a grant under this section.
(b) Goals.--The goals of the program established under this
section are to--
(1) improve the accessibility of the Nation's public
transportation systems and services;
(2) improve the mobility of or otherwise meet the
special needs of elderly individuals, eligible low-
income individuals, and individuals with disabilities;
and
(3) improve the coordination among all providers of
public transportation and human services
transportation.
(c) General Authority.--
(1) Grants.--The Secretary may make grants under this
section to recipients for the following purposes:
(A) For public transportation projects
planned, designed, and carried out to meet the
special needs of elderly individuals and
individuals with disabilities.
(B) For job access and reverse commute
projects carried out by the recipient or a
subrecipient.
(C) For new public transportation services,
and for public transportation alternatives
beyond those required by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), that assist individuals with
disabilities with transportation, including
transportation to and from jobs and employment
support services.
(2) Acquiring public transportation services.--A
public transportation capital project under this
section may include acquisition of public
transportation services as an eligible capital expense.
(3) Administrative expenses.--A recipient may use not
more than 10 percent of the amounts apportioned to the
recipient under this section to administer, plan, and
provide technical assistance for a project funded under
this section.
(d) Apportionments.--
(1) Formula.--The Secretary, using the most recent
decennial census data, shall apportion amounts made
available for a fiscal year to carry out this section
as follows:
(A) 50 percent of the funds shall be
apportioned among designated recipients (as
defined in section 5307(a)) for urbanized areas
with a population of 200,000 or more in the
ratio that--
(i) the number of elderly
individuals, individuals with
disabilities, eligible low-income
individuals, and welfare recipients in
each such urbanized area; bears to
(ii) the number of elderly
individuals, individuals with
disabilities, eligible low-income
individuals, and welfare recipients in
all such urbanized areas.
(B) 25 percent of the funds shall be
apportioned among the States in the ratio
that--
(i) the number of elderly
individuals, individuals with
disabilities, eligible low-income
individuals, and welfare recipients in
urbanized areas with a population of
less than 200,000 in each State; bears
to
(ii) the number of elderly
individuals, individuals with
disabilities, eligible low-income
individuals, and welfare recipients in
urbanized areas with a population of
less than 200,000 in all States.
(C) 25 percent of the funds shall be
apportioned among the States in the ratio
that--
(i) the number of elderly
individuals, individuals with
disabilities, eligible low-income
individuals, and welfare recipients in
rural areas with a population of less
than 50,000 in each State; bears to
(ii) the number of elderly
individuals, individuals with
disabilities, eligible low-income
individuals, and welfare recipients in
rural areas with a population of less
than 50,000 in all States.
(2) Use of apportioned funds.--Except as provided in
paragraph (3)--
(A) funds apportioned under paragraph (1)(A)
shall be used for projects serving urbanized
areas with a population of 200,000 or more;
(B) funds apportioned under paragraph (1)(B)
shall be used for projects serving urbanized
areas with a population of less than 200,000;
and
(C) funds apportioned under paragraph (1)(C)
shall be used for projects serving rural areas.
(3) Exceptions.--A State may use funds apportioned
under paragraph (1)(B) or (1)(C)--
(A) for projects serving areas other than the
area specified in paragraph (2)(B) or (2)(C),
as the case may be, if the Governor of the
State certifies that all of the objectives of
this section are being met in the specified
area; or
(B) for projects anywhere in the State if the
State has established a statewide program for
meeting the objectives of this section.
(4) Minimum apportionment.--
(A) In general.--The Secretary may establish
a minimum apportionment for States and
territories under paragraph (1).
(B) Limitation.--A minimum apportionment
received by a State or territory under this
paragraph for a fiscal year may not exceed the
total of the fiscal year 2012 apportionments
received by the State or territory under
sections 5310, 5316, and 5317 (as in effect on
the day before the date of enactment of the
Public Transportation Act of 2012).
(e) Competitive Process for Grants to Subrecipients.--
(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (d)(1)(A) shall conduct,
in cooperation with the appropriate metropolitan
planning organization, an areawide solicitation for
applications for grants to the recipient and
subrecipients under this section.
(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (d)(1)(B) or (d)(1)(C)
shall conduct a statewide solicitation for applications
for grants to the recipient and subrecipients under
this section.
(3) Special rule.--A recipient of a grant under this
section may allocate the amounts provided under the
grant to--
(A) a nonprofit organization or private
operator of public transportation, if the
public transportation service provided under
subsection (c)(1) is unavailable, insufficient,
or inappropriate; or
(B) in the case of a grant to provide the
services described in subsection (c)(1)(A), a
governmental authority that--
(i) is approved by the recipient to
coordinate services for elderly
individuals and individuals with
disabilities; or
(ii) certifies that there are not any
nonprofit organizations or private
operators of public transportation
services readily available in the area
to provide the services described in
subsection (c)(1)(A).
(4) Application.--Recipients and subrecipients
seeking to receive a grant from funds apportioned under
subsection (d) shall submit to the recipient an
application in such form and in accordance with such
requirements as the recipient shall establish.
(5) Grant awards.--The recipient shall award grants
under paragraphs (1) and (2) on a competitive basis.
(6) Fair and equitable distribution.--A recipient of
a grant under this section shall certify to the
Secretary that allocations of the grant to
subrecipients will be distributed on a fair, equitable,
and competitive basis.
(f) Grant Requirements.--With respect to a grant made to
provide services described in subsection (c), the Secretary
shall apply grant requirements that are consistent with
requirements for activities authorized under sections 5310,
5316, and 5317 (as such sections were in effect on the day
before the date of enactment of the Public Transportation Act
of 2012).
(g) Coordination.--
(1) In general.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
(2) Project selection and planning.--A recipient of
funds under this section shall certify to the Secretary
that--
(A) the projects selected to receive funding
under this section were derived from a locally
developed, coordinated public transportation-
human services transportation plan;
(B) the plan was developed through a process
that included participation by representatives
of public, private, and nonprofit
transportation and human services providers and
participation by the public and appropriate
advocacy organizations; and
(C) the planning process provided for
consideration of projects and strategies to
create or improve regional transportation
services that connect multiple jurisdictions.
(h) Government's Share of Costs.--
(1) Capital projects.--
(A) In general.--Except as provided in
subparagraph (B), a grant for a capital project
under this section shall be for 80 percent of
the net capital costs of the project, as
determined by the Secretary. The recipient may
provide additional local matching amounts.
(B) Exception.--A State described in section
120(b) of title 23 shall receive an increased
Government share in accordance with the formula
under such section.
(2) Operating assistance.--
(A) In general.--Except as provided in
subparagraph (B), a grant made under this
section for operating assistance may not exceed
50 percent of the net operating costs of the
project, as determined by the Secretary.
(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government
share of the net operating costs that equals
62.5 percent of the Government share provided
for under paragraph (1)(B).
(3) Remainder.--The remainder of the net project
costs--
(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital;
(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation; and
(C) notwithstanding subparagraph (B), may be
derived from amounts made available to carry
out the Federal lands transportation program
established by section 203 of title 23.
(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.
(i) Leasing Vehicles.--Vehicles and equipment acquired under
this section may be leased to a recipient or subrecipient to
improve transportation services designed to meet the special
needs of elderly individuals, eligible low-income individuals,
and individuals with disabilities.
(j) Meal Delivery for Homebound Individuals.--Public
transportation service providers receiving assistance under
this section or section 5311(c) may coordinate and assist in
regularly providing meal delivery service for homebound
individuals if the delivery service does not conflict with
providing public transportation service or reduce service to
public transportation passengers.
(k) Transfers of Facilities and Equipment.--With the consent
of the recipient in possession of a facility or equipment
acquired with a grant under this section, a State may transfer
the facility or equipment to any recipient eligible to receive
assistance under this chapter if the facility or equipment will
continue to be used as required under this section.
(l) Program Evaluation.--Not later than 2 years after the
date of enactment of the Public Transportation Act of 2012, and
not later than 2 years thereafter, the Comptroller General of
the United States shall--
(1) conduct a study to evaluate the grant program
authorized by this section, including a description of
how grant recipients have coordinated activities
carried out under this section with transportation
activities carried out by recipients using grants
awarded under title III of the Older Americans Act of
1965 (42 U.S.C. 3021 et seq.); and
(2) transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report describing the results of the study
under subparagraph (A).
* * * * * * *
Sec. 5319. Bicycle facilities
A project to provide access for bicycles to public
transportation facilities, to provide shelters and parking
facilities for bicycles in or around public transportation
facilities, or to install equipment for transporting bicycles
on public transportation vehicles is a capital project eligible
for assistance under sections 5307, 5309, and 5311 of this
title. [Notwithstanding sections 5307(e), 5309(h), and 5311(g)
of this title, a grant of the United States Government under
this chapter for a project made eligible by this section is for
90 percent of the cost of the project, except that, if the
grant or any portion of the grant is made with funds required
to be expended under 5307(d)(1)(K) and the project involves
providing bicycle access to public transportation, that grant
or portion of that grant shall be at a Federal share of 95
percent.]
[Sec. 5320. Alternative transportation in parks and public lands
[(a) Program Name.--The program authorized by this section
shall be known as the Paul S. Sarbanes Transit in Parks
Program.
[(b) In General.--
[(1) Authorization.--
[(A) In general.--The Secretary, in
consultation with the Secretary of the
Interior, may award a grant or enter into a
contract, cooperative agreement, interagency
agreement, intraagency agreement, or other
agreement to carry out a qualified project
under this section to enhance the protection of
national parks and public lands and increase
the enjoyment of those visiting the parks and
public lands by--
[(i) ensuring access to all,
including persons with disabilities;
[(ii) improving conservation and park
and public land opportunities in urban
areas through partnering with State and
local governments; and
[(iii) improving park and public land
transportation infrastructure.
[(B) Consultation with other agencies.--To
the extent that projects are proposed or funded
in eligible areas that are not within the
jurisdiction of the Department of the Interior,
the Secretary of the Interior shall consult
with the heads of the relevant Federal land
management agencies in carrying out the
responsibilities under this section.
[(2) Use of funds.--A grant, cooperative agreement,
interagency agreement, intra--agency agreement, or
other agreement for a qualified project under this
section shall be available to finance the leasing of
equipment and facilities for use in public
transportation, subject to any regulation that the
Secretary may prescribe limiting the grant or agreement
to leasing arrangements that are more cost-effective
than purchase or construction.
[(3) Alternative transportation facilities and
services.--Projects receiving assistance under this
section shall provide alternative transportation
facilities and services that complement and enhance
existing transportation services in national parks and
public lands in a manner that is consistent with
Department of Interior and other public land management
policies regarding private automobile access to and in
such parks and lands.
[(c) Definitions.--In this section, the following definitions
apply:
[(1) Eligible area.--The term ``eligible area'' means
any federally owned or managed park, refuge, or
recreational area that is open to the general public,
including--
[(A) a unit of the National Park System;
[(B) a unit of the National Wildlife Refuge
System;
[(C) a recreational area managed by the
Bureau of Land Management;
[(D) a recreation area managed by the Bureau
of Reclamation; and
[(E) a unit of the National Forest System.
[(2) Federal land management agency.--The term
``Federal land management agency'' means a Federal
agency that manages an eligible area.
[(3) Alternative transportation.--The term
``alternative transportation'' means transportation by
bus, rail, or any other publicly or privately owned
conveyance that provides to the public general or
special service on a regular basis, including
sightseeing service. Such term also includes a
nonmotorized transportation system (including the
provision of facilities for pedestrians, bicycles, and
nonmotorized watercraft).
[(4) Qualified participant.--The term ``qualified
participant'' means--
[(A) a Federal land management agency; or
[(B) a State, tribal, or local governmental
authority with jurisdiction over land in the
vicinity of an eligible area acting with the
consent of the Federal land management agency,
alone or in partnership with a Federal land
management agency or other governmental or
nongovernmental participant.
[(5) Qualified project.--The term ``qualified
project'' means a planning or capital project in or in
the vicinity of an eligible area that--
[(A) is an activity described in section
5302(a)(1), 5303, 5304, 5305, or 5309(b);
[(B) involves--
[(i) the purchase of rolling stock
that incorporates clean fuel technology
or the replacement of buses of a type
in use on the date of enactment of the
Federal Public Transportation Act of
2005 with clean fuel vehicles; or
[(ii) the deployment of alternative
transportation vehicles that introduce
innovative technologies or methods;
[(C) relates to the capital costs of
coordinating the Federal land management agency
public transportation systems with other public
transportation systems;
[(D) provides a nonmotorized transportation
system (including the provision of facilities
for pedestrians, bicycles, and nonmotorized
watercraft);
[(E) provides waterborne access within or in
the vicinity of an eligible area, as
appropriate to and consistent with this
section; or
[(F) is any other alternative transportation
project that--
[(i) enhances the environment;
[(ii) prevents or mitigates an
adverse impact on a natural resource;
[(iii) improves Federal land
management agency resource management;
[(iv) improves visitor mobility and
accessibility and the visitor
experience;
[(v) reduces congestion and pollution
(including noise pollution and visual
pollution); or
[(vi) conserves a natural,
historical, or cultural resource
(excluding rehabilitation or
restoration of a non-transportation
facility).
[(d) Federal Agency Cooperative Arrangements.--The Secretary
shall develop cooperative arrangements with the Secretary of
the Interior that provide for--
[(1) technical assistance in alternative
transportation;
[(2) interagency and multidisciplinary teams to
develop Federal land management agency alternative
transportation policy, procedures, and coordination;
and
[(3) the development of procedures and criteria
relating to the planning, selection, and funding of
qualified projects and the implementation and oversight
of the program of projects in accordance with this
section.
[(e) Limitation on Use of Available Amounts.--
[(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, may use not more than 10
percent of the amount made available for a fiscal year
under section 5338(b)(2)(J) to administer this section
and to carry out planning, research, and technical
assistance under this section, including the
development of technology appropriate for use in a
qualified project.
[(2) Additional amounts.--Amounts made available
under this subsection are in addition to amounts
otherwise available to the Secretary to carry out
planning, research, and technical assistance under this
chapter or any other provision of law.
[(3) Maximum amount.--No qualified project shall
receive more than 25 percent of the total amount made
available to carry out this section under section
5338(b)(2)(J) for any fiscal year.
[(4) Transfers to land management agencies.--The
Secretary may transfer amounts available under
paragraph (1) to the appropriate Federal land
management agency to pay necessary costs of the agency
for such activities described in paragraph (1) in
connection with activities being carried out under this
section.
[(f) Planning Process.--In undertaking a qualified project
under this section--
[(1) if the qualified participant is a Federal land
management agency--
[(A) the Secretary, in cooperation with the
Secretary of the Interior, shall develop
transportation planning procedures that are
consistent with--
[(i) the metropolitan planning
provisions under section 5303;
[(ii) the statewide planning
provisions under section 5304; and
[(iii) the public participation
requirements under section 5307(d); and
[(B) in the case of a qualified project that
is at a unit of the National Park System, the
planning process shall be consistent with the
general management plans of the unit of the
National Park System; and
[(2) if the qualified participant is a State or local
governmental authority, or more than one State or local
governmental authority in more than one State, the
qualified participant shall--
[(A) comply with the metropolitan planning
provisions under section 5303;
[(B) comply with the statewide planning
provisions under section 5304;
[(C) comply with the public participation
requirements under section 5307(d); and
[(D) consult with the appropriate Federal
land management agency during the planning
process.
[(g) Cost Sharing.--
[(1) Government's share.--The Secretary, in
cooperation with the Secretary of the Interior, shall
establish the Government's share of the net project
cost to be provided to a qualified participant under
this section.
[(2) Considerations.--In establishing the
Government's share of the net project cost to be
provided under this section, the Secretary shall
consider--
[(A) visitation levels and the revenue
derived from user fees in the eligible area in
which the qualified project is carried out;
[(B) the extent to which the qualified
participant coordinates with a public
transportation authority or private entity
engaged in public transportation;
[(C) private investment in the qualified
project, including the provision of contract
services, joint development activities, and the
use of innovative financing mechanisms;
[(D) the clear and direct benefit to the
qualified participant; and
[(E) any other matters that the Secretary
considers appropriate to carry out this
section.
[(3) Special rule.--Notwithstanding any other
provision of law, funds appropriated to any Federal
land management agency may be counted toward the
remainder of the net project cost.
[(h) Selection of Qualified Projects.--
[(1) In general.--The Secretary of the Interior,
after consultation with and in cooperation with the
Secretary, shall determine the final selection and
funding of an annual program of qualified projects in
accordance with this section.
[(2) Considerations.--In determining whether to
include a project in the annual program of qualified
projects, the Secretary of the Interior shall
consider--
[(A) the justification for the qualified
project, including the extent to which the
qualified project would conserve resources,
prevent or mitigate adverse impact, and enhance
the environment;
[(B) the location of the qualified project,
to ensure that the selected qualified
projects--
[(i) are geographically diverse
nationwide; and
[(ii) include qualified projects in
eligible areas located in both urban
areas and rural areas;
[(C) the size of the qualified project, to
ensure that there is a balanced distribution;
[(D) the historical and cultural significance
of a qualified project;
[(E) safety;
[(F) the extent to which the qualified
project would--
[(i) enhance livable communities;
[(ii) reduce pollution (including
noise pollution, air pollution, and
visual pollution);
[(iii) reduce congestion; and
[(iv) improve the mobility of people
in the most efficient manner; and
[(G) any other matters that the Secretary of
the Interior considers appropriate to carry out
this section, including--
[(i) visitation levels;
[(ii) the use of innovative financing
or joint development strategies; and
[(iii) coordination with gateway
communities.
[(i) Qualified Projects Carried Out in Advance.--
[(1) In general.--When a qualified participant
carries out any part of a qualified project without
assistance under this section in accordance with all
applicable procedures and requirements, the Secretary,
in consultation with the Secretary of the Interior, may
pay the share of the net capital project cost of a
qualified project if--
[(A) the qualified participant applies for
the payment;
[(B) the Secretary approves the payment; and
[(C) before carrying out that part of the
qualified project, the Secretary approves the
plans and specifications in the same manner as
plans and specifications are approved for other
projects assisted under this section.
[(2) Financing costs.--
[(A) In general.--The cost of carrying out
part of a qualified project under paragraph (1)
includes the amount of interest earned and
payable on bonds issued by a State or local
governmental authority, to the extent that
proceeds of the bond are expended in carrying
out that part.
[(B) Limitation on amount of interest.--The
rate of interest under this paragraph may not
exceed the most favorable rate reasonably
available for the qualified project at the time
of borrowing.
[(C) Certification.--The qualified
participant shall certify, in a manner
satisfactory to the Secretary, that the
qualified participant has exercised reasonable
diligence in seeking the most favorable
interest rate.
[(j) Relationship to Other Laws.--
[(1) Section 5307.--A qualified participant under
this section shall be subject to the requirements of
sections 5307 and 5333(a) to the extent the Secretary
determines to be appropriate.
[(2) Other requirements.--A qualified participant
under this section shall be subject to any other
requirements that the Secretary determines to be
appropriate to carry out this section, including
requirements for the distribution of proceeds on
disposition of real property and equipment resulting
from a qualified project assisted under this section.
[(3) Project management plan.--If the amount of
assistance anticipated to be required for a qualified
project under this section is not less than
$25,000,000--
[(A) the qualified project shall, to the
extent the Secretary considers appropriate, be
carried out through a full funding grant
agreement in accordance with section 5309(g);
and
[(B) the qualified participant shall prepare
a project management plan in accordance with
section 5327(a).
[(k) Asset Management.--The Secretary, in consultation with
the Secretary of the Interior, may transfer the interest of the
Department of Transportation in, and control over, all
facilities and equipment acquired under this section to a
qualified participant for use and disposition in accordance
with any property management regulations that the Secretary
determines to be appropriate.
[(l) Coordination of Research and Deployment of New
Technologies.--
[(1) Grants and other assistance.--The Secretary, in
cooperation with the Secretary of the Interior, may
undertake, or make grants, cooperative agreements,
contracts (including agreements with departments,
agencies, and instrumentalities of the Federal
Government) or other agreements for research,
development, and deployment of new technologies in
eligible areas that will--
[(A) conserve resources;
[(B) prevent or mitigate adverse
environmental impact;
[(C) improve visitor mobility, accessibility,
and enjoyment; and
[(D) reduce pollution (including noise
pollution and visual pollution).
[(2) Information.--The Secretary may request and
receive appropriate information from any source.
[(3) Funding.--Grants, cooperative agreements,
contracts, and other agreements under paragraph (1)
shall be awarded from amounts allocated under
subsection (e)(1).
[(m) Innovative Financing.--A qualified project receiving
financial assistance under this section shall be eligible for
funding through a State infrastructure bank or other innovative
financing mechanism available to finance an eligible project
under this chapter.
[(n) Reports.--
[(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, shall annually submit a
report on the allocation of amounts made available to
assist qualified projects under this section to--
[(A) the Committee on Banking, Housing, and
Urban Affairs of the Senate;
[(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
[(C) the Committee on Resources of the House
of Representatives and the Committee on Energy
and Natural Resources of the Senate.
[(2) Annual reports.--The report required under
paragraph (1) shall be included in the report submitted
under section 5309(k)(1).]
* * * * * * *
[Sec. 5322. Human resource programs]
Sec. 5322. Training and technical assistance programs
(a) In General.--The Secretary of Transportation may
undertake, or make grants and contracts for, [programs that
address human resource needs as they apply to public
transportation activities] programs that address training and
outreach needs as they apply to public transportation
activities, and programs that provide public transportation-
related technical assistance to providers of public
transportation services. A program may include--
(1) * * *
* * * * * * *
(3) research on public transportation personnel and
training needs; [and]
(4) training and assistance for minority business
opportunities[.]; and
(5) technical assistance provided through national
nonprofit organizations with demonstrated capacity and
expertise in a particular area of public transportation
policy.
* * * * * * *
(c) National Transit Institute.--
(1) Grants and contracts.--The Secretary may award
grants or enter into contracts with a public university
to establish a National Transit Institute to support
training and educational programs for Federal, State,
and local transportation employees engaged or to be
engaged in Government-aid public transportation work.
(2) Education and training.--The National Transit
Institute shall provide education and training to
employees of State and local governments at no cost
when the education and training is related to a
responsibility under a Government program.
(d) Technical Assistance.--The Secretary may provide public
transportation-related technical assistance under this section
as follows:
(1) To help public transportation providers comply
with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) through a competitively selected
contract or cooperative agreement with a national
nonprofit organization serving individuals with
disabilities that has a demonstrated capacity to carry
out technical assistance, demonstration programs,
research, public education, and other activities
related to complying with such Act.
(2) To help public transportation providers comply
with human services transportation coordination
requirements and to enhance the coordination of Federal
resources for human services transportation with those
of the Department of Transportation through a
competitively selected contract or cooperative
agreement with a national nonprofit organization that
has a demonstrated capacity to carry out technical
assistance, training, and support services related to
complying with such requirements.
(3) To help public transportation providers meet the
transportation needs of elderly individuals through a
competitively selected contract or cooperative
agreement with a national nonprofit organization
serving elderly individuals that has a demonstrated
capacity to carry out such activities.
(4) To provide additional technical assistance,
mobility management services, volunteer support
services, training, and research that the Secretary
determines will assist public transportation providers
meet the goals of this section.
(e) Funding.--Training and outreach programs and technical
assistance activities performed under this section shall be
paid for with administrative funds made available under section
5338(c).
Sec. 5323. General provisions on assistance
(a) * * *
* * * * * * *
(e) Bond Proceeds Eligible for Local Share.--
(1) * * *
* * * * * * *
[(4) Pilot program for urbanized areas.--
[(A) In general.--The Secretary shall
establish a pilot program to reimburse not to
exceed 10 eligible recipients for deposits of
bond proceeds in a debt service reserve that
the recipient establishes pursuant to section
5302(a)(1)(K) from amounts made available to
the recipient under section 5307.
[(B) Report.--Not later than July 31, 2008,
the Secretary shall submit to the Committee on
Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives
a report on the status and effectiveness of the
pilot program established under subparagraph
(A).]
* * * * * * *
(i) Government's Share of Costs for Certain Projects.--
(1) * * *
* * * * * * *
(3) Costs incurred by providers of public
transportation by vanpool.--
(A) Local matching share.--The local matching
share provided by a recipient of assistance for
a capital project under this chapter may
include any amounts expended by a provider of
public transportation by vanpool for the
acquisition of rolling stock to be used by such
provider in the recipient's service area,
excluding any amounts the provider may have
received in Federal, State, or local government
assistance for such acquisition.
(B) Use of revenues.--A private provider of
public transportation by vanpool may use
revenues it receives in the provision of public
transportation service in the service area of a
recipient of assistance under this chapter that
are in excess of the provider's operating costs
for the purpose of acquiring rolling stock, if
the private provider enters into a legally
binding agreement with the recipient that
requires the provider to use the rolling stock
in the recipient's service area.
(C) Definitions.--In this paragraph, the
following definitions apply:
(i) Private provider of public
transportation by vanpool.--The term
``private provider of public
transportation by vanpool'' means a
private entity providing vanpool
services in the service area of a
recipient of assistance under this
chapter using a commuter highway
vehicle or vanpool vehicle.
(ii) Commuter highway vehicle;
vanpool vehicle.--The term ``commuter
highway vehicle'' or ``vanpool
vehicle'' means any vehicle--
(I) the seating capacity of
which is at least 6 adults (not
including the driver); and
(II) at least 80 percent of
the mileage use of which can be
reasonably expected to be for
the purposes of transporting
commuters in connection with
travel between their residences
and their place of employment.
(4) Incentives for competitively contracted
service.--
(A) Eligibility.--Subject to subparagraph
(C), a recipient of assistance under this
chapter that meets the targets under
subparagraph (B) for competitively contracted
service shall be eligible, at the request of
the recipient, for a Federal share of 90
percent for the capital cost of buses and bus-
related facilities and equipment purchased with
financial assistance made available under this
chapter.
(B) Target.--To qualify for the competitively
contracted service incentive program under this
paragraph, a public transit agency or
governmental unit shall competitively contract
for at least 20 percent of its fixed route bus
service. The percentage of competitively
contracted service shall be calculated by
determining the ratio of competitively
contracted service vehicles operated in annual
maximum service to total vehicles operated in
annual maximum service.
(C) Maintenance of effort.--A public transit
agency or governmental unit shall be eligible
for an increased Federal share under this
paragraph only if the amount of State and local
funding provided to the affected public transit
agency or governmental unit for the capital
cost of buses and bus-related facilities and
equipment will not be less than the average
amount of funding for such purposes provided
during the 3 fiscal years preceding the date of
enactment of this paragraph.
(D) Definitions.--In this paragraph, the
following definitions apply:
(i) Competitively contracted
service.--The term ``competitively
contracted service'' means fixed route
bus transportation service purchased by
a public transit agency or governmental
unit from a private transportation
provider based on a written contract.
(ii) Vehicles operated in annual
maximum service.--The term ``vehicles
operated in annual maximum service''
means the number of transit vehicles
operated to meet the annual maximum
service requirement during the peak
season of the year, on the week and day
that maximum service is provided.
(j) Buy America.--(1) * * *
* * * * * * *
(10) Application of buy america to transit
programs.--The requirements of this subsection apply to
all contracts for a project carried out within the
scope of the applicable finding, determination, or
decision under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), regardless of the
funding source of such contracts, if at least one
contract for the project is funded with amounts made
available to carry out this chapter.
(11) Additional waiver requirements.--
(A) In general.--If the Secretary receives a
request for a waiver under this section, the
Secretary shall provide notice of and an
opportunity for public comment on the request
at least 30 days before making a finding based
on the request.
(B) Notice requirements.--A notice provided
under subparagraph (A) shall include the
information available to the Secretary
concerning the request and shall be provided by
electronic means, including on the official
public Internet Web site of the Department of
Transportation
(C) Detailed justification.--If the Secretary
issues a waiver under this subsection, the
Secretary shall publish in the Federal Register
a detailed justification for the waiver that
addresses the public comments received under
subparagraph (A) and shall ensure that such
justification is published before the waiver
takes effect.
* * * * * * *
(q) Reasonable Access to Public Transportation Facilities.--A
recipient of assistance under this chapter may not deny
reasonable access for a private intercity or charter
transportation operator to federally funded public
transportation facilities, including intermodal facilities,
park and ride lots, and bus-only highway lanes.
* * * * * * *
Sec. 5325. Contract requirements
(a) * * *
* * * * * * *
(h) Grant Prohibition.--A grant awarded under this chapter or
the [Federal Public Transportation Act of 2005] Public
Transportation Act of 2012 may not be used to support a
procurement that uses an exclusionary or discriminatory
specification.
* * * * * * *
(k) Veterans Employment.--Recipients and subrecipients of
Federal financial assistance under this chapter shall ensure
that contractors working on a capital project funded using such
assistance give a preference in the hiring or referral of
laborers to veterans, as defined in section 2108 of title 5,
who have the requisite skills and abilities to perform the
construction work required under the contract.
Sec. 5326. Private sector participation
(a) General Purposes.--In the interest of fulfilling the
general purposes of this chapter under section 5301(f), the
Secretary shall--
(1) better coordinate public and private sector-
provided public transportation services; and
(2) promote more effective utilization of private
sector expertise, financing, and operational capacity
to deliver costly and complex new fixed guideway
capital projects.
(b) Actions to Promote Better Coordination Between Public and
Private Sector Providers of Public Transportation.--The
Secretary shall--
(1) provide technical assistance to recipients of
Federal transit grant assistance on practices and
methods to best utilize private providers of public
transportation; and
(2) educate recipients of Federal transit grant
assistance on laws and regulations under this chapter
that impact private providers of public transportation.
(c) Actions to Provide Technical Assistance for Alternative
Project Delivery Methods.--Upon request by a sponsor of a new
fixed guideway capital project, the Secretary shall--
(1) identify best practices for public-private
partnerships models in the United States and in other
countries;
(2) develop standard public-private partnership
transaction model contracts; and
(3) perform financial assessments that include the
calculation of public and private benefits of a
proposed public-private partnership transaction.
Sec. 5327. Project management oversight
(a) * * *
* * * * * * *
(c) Limitations.--
(1) Limitations on use of available amounts.--Of the
amounts made available to carry out this chapter for a
fiscal year, the Secretary may use not more than the
following amounts [to make contracts] for the
activities described in paragraph (2):
(A) * * *
* * * * * * *
(D) 0.5 percent of amounts made available to
carry out section [5310] 5317.
* * * * * * *
[(F) 0.5 percent of amounts made available to
carry out section 5320.]
(F) 1 percent of amounts made available to
carry out section 5337.
(G) 0.75 percent of amounts made available to
carry out section 5317.
(2) Activities.--Paragraph (1) shall apply to the
following:
(A) * * *
(B) Activities to review and audit the safety
and security, procurement, management, and
financial compliance of a recipient or
subrecipient of funds under sections 5305,
5307, 5309, [5310] 5317, [5311, and 5320] and
5311.
* * * * * * *
Sec. 5328. Project review
(a) * * *
* * * * * * *
[(c) Program of Interrelated Projects.--(1) In this
subsection, a program of interrelated projects includes the
following:
[(A) the New Jersey Urban Core Project (as defined in
title III of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240, 105 Stat.
2087)).
[(B) the San Francisco Bay Area Rail Extension
Program, consisting of at least an extension of the San
Francisco Bay Area Rapid Transit District to the San
Francisco International Airport (Phase 1a to Colma and
Phase 1b to San Francisco Airport), the Santa Clara
County Transit District Tasman Corridor Project, a
program element designated by a change to the
Metropolitan Transportation Commission Resolution No.
1876, and a program element financed completely with
non-Government amounts, including the BART Warm Springs
Extension, Dublin Extension, and West Pittsburg
Extension.
[(C) the Los Angeles Metro Rail Minimum Operable
Segment-3 Program, consisting of 7 stations and
approximately 11.6 miles of heavy rail subway on the
following lines:
[(i) one line running west and northwest from
the Hollywood/Vine station to the North
Hollywood station, with 2 intermediate
stations.
[(ii) one line running west from the
Wilshire/Western station to the Pico/San
Vicente station, with one intermediate station.
[(iii) the East Side Extension, consisting of
an initial line of approximately 3 miles, with
at least 2 stations, beginning at Union Station
and running generally east.
[(D) the Baltimore-Washington Transportation
Improvement Program, consisting of 3 extensions of the
Baltimore Light Rail to Hunt Valley, Penn Station, and
Baltimore-Washington Airport, MARC extensions to
Frederick and Waldorf, Maryland, and an extension of
the Washington Subway system to Largo, Maryland.
[(E) the Tri-County Metropolitan Transportation
District of Oregon Light Rail Program, consisting of
the locally preferred alternative for the Westside
Light Rail Project, including system related costs,
contained in the Department of Transportation and
Related Agencies Appropriations Act, 1991 (Public Law
101-516, 104 Stat. 2155), and defined in House Report
101-584, the Hillsboro extension to the Westside Light
Rail Project contained in that Act, and the locally
preferred alternative for the South/North Corridor
Project.
[(F) the Queens Local/Express Connector Program,
consisting of the locally preferred alternative for the
connection of the 63d Street tunnel extension to the
Queens Boulevard lines, the bell-mouth part of the
connector that will allow for future access by commuter
rail trains and other subway lines to the 63d Street
tunnel extension, planning elements for connecting the
upper and lower levels to commuter and subway lines in
Long Island City, and planning elements for providing a
connector for commuter rail transportation to the East
side of Manhattan and subway lines to the proposed
Second Avenue subway.
[(G) the Dallas Area Rapid Transit Authority light
rail elements of the New System Plan, consisting of the
locally preferred alternative for the South Oak Cliff
corridor, the South Oak Cliff corridor extension-Camp
Wisdom, the West Oak Cliff corridor-Westmoreland, the
North Central corridor-Park Lane, the North Central
corridor-Richardson, Plano, and Garland extensions, the
Pleasant Grove corridor-Buckner, and the Carrollton
corridors-Farmers Branch and Las Colinas terminal.
[(H) other programs designated by law or the
Secretary.
[(2) Consistent with the time requirements of subsection (a)
of this section or as otherwise provided by law, the Secretary
shall make at least one full financing grant agreement for each
program described in paragraph (1) of this subsection. The
agreement shall include commitments to advance each of the
applicant's program elements (in the program of interrelated
projects) through the appropriate program review stages as
provided in subsection (a) or as otherwise provided by law and
to provide Government financing for each element. The agreement
may be changed to include design and construction of a
particular element.
[(3) When reviewing a project in a program of interrelated
projects, the Secretary shall consider the local financial
commitment, transportation effectiveness, and other assessment
factors of all program elements to the extent consideration
expedites carrying out the project.
[(4) Including a program element not financed by the
Government in a program of interrelated projects does not
impose Government requirements that otherwise would not apply
to the element.]
* * * * * * *
Sec. 5330. State safety oversight
(a) * * *
[(b) General Authority.--The Secretary of Transportation may
withhold not more than 5 percent of the amount required to be
appropriated for use in a State or urbanized area in the State
under section 5307 of this title for a fiscal year beginning
after September 30, 1994, if the State in the prior fiscal year
has not met the requirements of subsection (c) of this section
and the Secretary decides the State is not making an adequate
effort to comply with subsection (c).]
(b) General Authority.--The Secretary may require that up to
100 percent of the amount required to be appropriated for use
in a State or urbanized area in the State under section 5307
for a fiscal year beginning after September 30, 2013, be
utilized on capital safety improvement and state of good repair
projects for the benefit of fixed guideway transportation
systems in such State or urbanized area in the State before any
other transit capital project is undertaken, if--
(1) the State in the prior fiscal year has not met
the requirements of subsection (c); or
(2) the Secretary has certified that the State safety
oversight agency (as defined in section 5336(k)(1)(B))
does not have adequate technical capacity, personnel
resources, and authority under relevant State law to
perform the agency's responsibilities described in that
section.
* * * * * * *
Sec. 5333. Labor standards
(a) * * *
(b) Employee Protective Arrangements.--(1) As a condition of
financial assistance under sections 5307-5312, [5316,] 5318,
5323(a)(1), 5323(b), 5323(d), 5328, 5337, and [5338(b)] 5338(a)
of this title, the interests of employees affected by the
assistance shall be protected under arrangements the Secretary
of Labor concludes are fair and equitable. The agreement
granting the assistance under sections 5307-5312, [5316,] 5318,
5323(a)(1), 5323(b), 5323(d), 5328, 5337, and [5338(b)] 5338(a)
shall specify the arrangements.
* * * * * * *
Sec. 5336. Apportionment of appropriations for formula grants
(a) * * *
* * * * * * *
(d) Date of Apportionment.--The Secretary of Transportation
shall--
(1) apportion amounts appropriated under [subsections
(a)(1)(C)(vi) and (b)(2)(B) of section 5338] section
5338(a)(2)(B) of this title to carry out section 5307
of this title not later than the 10th day after the
date the amounts are appropriated or October 1 of the
fiscal year for which the amounts are appropriated,
whichever is later; and
* * * * * * *
[(i) Apportionments.--Of the amounts made available for each
fiscal year under subsections (a)(1)(C)(vi) and (b)(2)(B) of
section 5338--
[(1) one percent shall be apportioned, in fiscal year
2006 and each fiscal year thereafter, to certain
urbanized areas with populations of less than 200,000
in accordance with subsection (j); and
[(2) any amount not apportioned under paragraph (1)
shall be apportioned to urbanized areas in accordance
with subsections (a) through (c).]
(i) Apportionments.--Of the amounts made available for each
fiscal year under section 5338(a)(2)(B)--
(1) 2 percent shall be apportioned to certain
urbanized areas with populations of less than 200,000
in accordance with subsection (j);
(2) 1 percent shall be apportioned to applicable
States for operational support and training costs of
State safety oversight agencies and personnel employed
by or under contract to such agencies in accordance
with subsection (k); and
(3) any amount not apportioned under paragraphs (1)
and (2) shall be apportioned to urbanized areas in
accordance with subsections (a) through (c).
* * * * * * *
[(k) Study on Incentives in Formula Programs.--
[(1) Study.--The Secretary shall conduct a study to
assess the feasibility and appropriateness of
developing and implementing an incentive funding system
under sections 5307 and 5311 for operators of public
transportation.
[(2) Report.--
[(A) In general.--Not later than 2 years
after the date of enactment of the Federal
Public Transportation Act of 2005, the
Secretary shall submit a report on the results
of the study conducted under paragraph (1) to
the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives.
[(B) Contents.--The report submitted under
subparagraph (A) shall include--
[(i) an analysis of the availability
of appropriate measures to be used as a
basis for the distribution of incentive
payments;
[(ii) the optimal number and size of
any incentive programs;
[(iii) what types of systems should
compete for various incentives;
[(iv) how incentives should be
distributed; and
[(v) the likely effects of the
incentive funding system.]
(k) State Safety Oversight Agencies Formula.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Applicable states.--The term ``applicable
States'' means States that--
(i) have rail fixed guideway public
transportation systems that are not
subject to regulation by the Federal
Railroad Administration; or
(ii) are designing or constructing
rail fixed guideway public
transportation systems that will not be
subject to regulation by the Federal
Railroad Administration.
(B) State safety oversight agencies.--The
term ``State safety oversight agency'' means a
designated State authority that has
responsibility--
(i) for requiring, reviewing,
approving, and monitoring safety
program plans under section 5330(c)(1);
(ii) for investigating hazardous
conditions and accidents on fixed
guideway public transportation systems
that are not subject to regulation by
the Federal Railroad Administration;
and
(iii) for requiring action to correct
or eliminate those conditions.
(2) Apportionment.--
(A) Apportionment formula.--The amount to be
apportioned under subsection (i)(2) shall be
apportioned among applicable States under a
formula to be established by the Secretary.
Such formula shall take into account factors of
fixed guideway revenue vehicle miles, fixed
guideway route miles, and fixed guideway
vehicle passenger miles attributable to all
rail fixed guideway systems not subject to
regulation by the Federal Railroad
Administration within each applicable State.
(B) Recipients of apportioned amounts.--
Amounts apportioned under the formula
established pursuant to subparagraph (A) shall
be made available as grants to State safety
oversight agencies. Such grants are subject to
uniform administrative requirements for grants
and cooperative agreements to State and local
governments under part 18 of title 49, Code of
Federal Regulations, and are subject to the
requirements of this chapter as the Secretary
determines appropriate.
(C) Use of funds.--A State safety oversight
agency may use funds apportioned under
subparagraph (A) for program operational and
administrative expenses, including employee
training activities, that assist the agency in
carrying out its responsibilities described in
paragraph (1)(B).
(D) Certification process.--
(i) Determinations.--The Secretary
shall determine whether or not each
State safety oversight agency has
adequate technical capacity, personnel
resources, and authority under relevant
State law to perform the agency's
defined responsibilities described in
paragraph (1)(B).
(ii) Issuance of certifications and
denials.--The Secretary shall--
(I) issue a certification to
each State safety oversight
agency that the Secretary
determines under clause (i) has
adequate technical capacity,
personnel resources, and
authority; and
(II) issue a denial of
certification to each State
safety oversight agency that
the Secretary determines under
clause (i) does not have
adequate technical capacity,
personnel resources, and
authority, and provide the
agency with a written
explanation of the reasons for
the denial.
(E) Annual report.--On or before July 1 of
each year, the Secretary shall submit to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Banking, Housing, and Urban
Affairs of the Senate a report on--
(i) the amount of funds apportioned
to each applicable State; and
(ii) the certification status of each
State safety oversight agency,
including what steps an agency that has
been denied certification must take in
order to be so certified.
[Sec. 5337. Apportionment based on fixed guideway factors]
Sec. 5337. Fixed guideway modernization program
(a) Program Goals.--The goals of the fixed guideway
modernization program are--
(1) to rehabilitate, maintain, and preserve the
Nation's fixed guideway public transportation systems;
(2) to reduce the maintenance backlog and increase
the state of good repair of the Nation's fixed guideway
public transportation systems; and
(3) to increase the overall ridership on fixed
guideway public transportation systems.
(b) General Authority.--The Secretary may make grants to
eligible recipients under this section to assist State and
local government authorities in financing capital projects to
modernize eligible fixed guideway systems.
[(a)] (c) Distribution.--The Secretary shall apportion
amounts made available for fixed guideway modernization [under
section 5309 for each of fiscal years 2005 through 2012 as
follows:] for a fiscal year as follows:
(1) * * *
* * * * * * *
[(b)] (d) Total Amounts Not Available.--In a fiscal year in
which the total amounts authorized under subsection (a)(1) and
(2) of this section are not available, the Secretary shall
reduce on a proportionate basis the apportionments of all
urbanized areas eligible under subsection (a)(1) or (2) to
adjust for the amount not available.
[(c)] (e) New Jersey Transit Corporation.--Rail modernization
amounts allocated to the New Jersey Transit Corporation under
this section may be spent in any urbanized area in which the
New Jersey Transit Corporation operates rail transportation,
regardless of which urbanized area generates the financing.
[(d) Availability of Amounts.--An amount apportioned under
this section--
[(1) remains available for 3 years after the fiscal
year in which the amount is apportioned; and
[(2) that is unobligated at the end of the 3-year
period shall be reapportioned for the next fiscal year
among urbanized areas eligible under subsection (a)(1)-
(3) of this section using the apportionment formula of
this section.]
(f) Availability of Amounts.--An amount appropriated under
this section shall remain available for a period of 3 fiscal
years after the fiscal year in which the amount is
appropriated. Any of such amount that is unobligated at the end
of such period shall be reapportioned for the next fiscal year
among eligible recipients in accordance with subsection (c).
[(e)] (g) Route Segments To Be Included in Apportionment
Formulas.--
(1) * * *
* * * * * * *
[(f)] (h) Adjustment.--For purposes of this section, an
urbanized area with a population of 55,997, according to the
most recent decennial census, shall be treated as an urbanized
area eligible for assistance under section 5336(b)(2)(A) to
which amounts were apportioned under this section for fiscal
year 1997. For the purposes of subsection (e)(1), the number of
fixed guideway revenue vehicle miles of service and number of
fixed guideway route miles for that urbanized area as of the
date of enactment of the Federal Public Transportation Act of
2005 shall be considered to have been used to determine
apportionments for fiscal year 1997.
(i) Undertaking Projects in Advance.--
(1) In general.--When a recipient obligates all
amounts apportioned to it under this section and then
carries out a part of a project described in this
section without amounts of the Government and according
to all applicable procedures and requirements (except
to the extent the procedures and requirements limit a
State to carrying out a project with amounts of the
Government previously apportioned to it), the Secretary
may pay to the recipient the Government's share of the
cost of carrying out that part when additional amounts
are apportioned to the recipient under this section
if--
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part, the
Secretary approves the plans and specifications
for the part in the same way as for other
projects under this section.
(2) Requirement for approval of applications.--The
Secretary may approve an application under paragraph
(1) only if an authorization for this section is in
effect for the fiscal year to which the application
applies.
(3) Interest payments.--The cost of carrying out that
part of a project includes the amount of interest
earned and payable on bonds issued by the recipient to
the extent proceeds of the bonds are expended in
carrying out this part. However, the amount of interest
allowed under this paragraph may not be more than the
most favorable financing terms reasonably available for
the project at the time of borrowing. The applicant
shall certify, in a manner satisfactory to the
Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing
terms.
(j) Grant Requirements.--A grant under this section shall be
subject to the requirements of subsections (c), (d), (e), (h),
(i), and (m) of section 5307.
[Sec. 5338. Authorizations
[(a) Fiscal Year 2005.--
[(1) Formula grants.--
[(A) Trust fund.--For fiscal year 2005,
$3,499,927,776 shall be available from the Mass
Transit Account of the Highway Trust Fund to
carry out sections 5307, 5308, 5310, and 5311
and section 3038 of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5310 note).
[(B) General fund.--In addition to the
amounts made available under subparagraph (A),
there is authorized to be appropriated
$499,989,824 for fiscal year 2005 to carry out
sections 5307, 5308, 5310, and 5311 and section
3038 of the Transportation Equity Act for the
21st Century (49 U.S.C. 5310 note).
[(C) Allocation of funds.--Of the amounts
made available or appropriated under this
paragraph--
[(i) $4,811,150 shall be available to
the Alaska Railroad for improvements to
its passenger operations under section
5307;
[(ii) $5,208,000 shall be available
to provide over- the-road bus
accessibility grants under section 3038
of the Transportation Equity Act for
the 21st Century (49 U.S.C. 5310 note)
to operators of intercity, fixed-route
over-the- road buses;
[(iii) $1,686,400 shall be available
to provide over-the-road bus
accessibility grants under section 3038
of the Transportation Equity Act for
the 21st Century (49 U.S.C. 5310 note)
to operators of over-the-road buses
providing other than intercity, fixed-
route service;
[(iv) $94,526,689 shall be available
to provide transportation services to
elderly individuals and individuals
with disabilities under section 5310;
[(v) $250,889,588 shall be available
to provide financial assistance for
other than urbanized areas under
section 5311;
[(vi) $3,593,195,773 shall be
available to provide financial
assistance for urbanized areas under
section 5307; and
[(vii) $49,600,000 shall be available
to carry out the clean fuels program
under section 5308.
[(2) Job access and reverse commute.--
[(A) Trust fund.--For fiscal year 2005,
$108,500,000 shall be available from the Mass
Transit Account of the Highway Trust Fund to
carry out section 3037 of the Transportation
Equity Act for the 21st Century (49 U.S.C. 5309
note).
[(B) General fund.--In addition to the
amounts made available under subparagraph (A),
there is authorized to be appropriated
$15,500,000 for fiscal year 2005 to carry out
section 3037 of the Transportation Equity Act
of the 21st Century (49 U.S.C. 5309 note).
[(3) Capital program grants.--
[(A) Trust fund.--For fiscal year 2005,
$2,898,100,224 shall be available from the Mass
Transit Account of the Highway Trust Fund to
carry out section 5309.
[(B) General fund.--In addition to the
amounts made available under subparagraph (A),
there is authorized to be appropriated
$414,014,176 for fiscal year 2005 to carry out
sections 5308, 5309, and 5318 and section
3015(b) of the Transportation Equity Act for
the 21st Century (112 Stat. 361).
[(C) Allocation of funds.--Of the amounts
made available or appropriated under this
paragraph--
[(i) $49,600,000 shall be available
to carry out the clean fuels program
under section 5308;
[(ii) $669,600,000 shall be available
for capital projects to replace,
rehabilitate, and purchase bus and
related equipment and to construct bus-
related facilities under section 5309;
[(iii) $1,204,684,800 shall be
available for fixed guideway
modernization under section 5309;
[(iv) $1,437,829,600 shall be
available for capital projects for new
fixed guideway systems and extensions
to existing fixed guideway systems
under section 5309;
[(v) $10,213,632 shall be available
for capital projects in Alaska and
Hawaii under section 5309;
[(vi) $2,976,000 shall be available
to carry out bus testing under section
5318; and
[(vii) $4,811,200 shall be available
to carry out the fuel cell bus and bus
facilities program under section
3015(b) of the Transportation Equity
Act for the 21st Century (112 Stat.
361).
[(4) Planning.--
[(A) Trust fund.--For fiscal year 2005,
$63,364,000 shall be available from the Mass
Transit Account of the Highway Trust Fund to
carry out sections 5303, 5304, 5305, and
5313(b), as in effect on the day before the
date of enactment of the Federal Public
Transportation Act of 2005.
[(B) General fund.--In addition to the
amounts made available under subparagraph (A),
there is authorized to be appropriated
$9,052,000 for fiscal year 2005 to carry out
sections 5303, 5304, 5305, and 5313(b), as in
effect on the day before the date of enactment
of the Federal Public Transportation Act of
2005.
[(C) Allocation of funds.--Of the amounts
made available or appropriated under this
paragraph--
[(i) 82.72 percent shall be allocated
for metropolitan planning under section
5305; and
[(ii) 17.28 percent shall be
allocated for State planning under
section 5305.
[(5) Research.--
[(A) Trust fund.--For fiscal year 2005,
$47,740,000 shall be available from the Mass
Transit Account of the Highway Trust Fund to
carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322.
[(B) General fund.--In addition to the
amounts made available under subparagraph (A),
there is authorized to be appropriated
$6,820,000 for fiscal year 2005 to carry out
sections 5311(b)(2), 5312, 5313(a), 5314, 5315,
and 5322.
[(C) Allocation of funds.--Of the funds made
available or appropriated under this
paragraph--
[(i) not less than $3,968,000 shall
be available to carry out programs
under the National Transit Institute
under section 5315, of which not more
than $992,000 shall be available to
carry out section 5315(a)(16);
[(ii) not less than $5,208,000 shall
be available to provide rural
transportation assistance under section
5311(b)(2);
[(iii) not less than $8,184,000 shall
be available to carry out transit
cooperative research programs under
section 5313(a);
[(iv) not less than $2,976,000 shall
be available to carry out Project
Action under section 5312; and
[(v) the remainder shall be available
to carry out national research and
technology programs under sections
5312, 5314, and 5322.
[(6) University transportation research.--
[(A) Trust fund.--For fiscal year 2005,
$5,208,000 shall be available from the Mass
Transit Account of the Highway Trust Fund to
carry out section 5505.
[(B) General fund.--In addition to amounts
made available under subparagraph (A), there is
authorized to be appropriated $744,000 for
fiscal year 2005 to carry out section 5505.
[(C) Allocation of funds.--Of the amounts
made available or appropriated under this
paragraph--
[(i) $1,984,000 shall be available
for grants under section 5505(d) to the
center identified in section
5505(j)(4)(A), as in effect on the day
before the date of enactment of the
Federal Public Transportation Act of
2005; and
[(ii) $1,984,000 shall be available
for grants under section 5505(d) to the
center identified in section
5505(j)(4)(F), as in effect on the day
before the date of enactment of the
Federal Public Transportation Act of
2005.
[(D) Special rule.--Nothing in this paragraph
shall be construed to limit the transportation
research conducted by the centers receiving
financial assistance under this section.
[(7) Administration.--
[(A) Trust fund.--For fiscal year 2005,
$67,704,000 shall be available from the Mass
Transit Account of the Highway Trust Fund to
carry out section 5334.
[(B) General fund.--In addition to amounts
made available under subparagraph (A), there is
authorized to be appropriated $9,672,000 for
fiscal year 2005 to carry out section 5334.
[(8) Availability of amounts.--Amounts made available
or appropriated under paragraphs (1) through (6) shall
remain available until expended.
[(b) Formula and Bus Grants.--
[(1) In general.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry
out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316,
5317, 5320, 5335, 5339, and 5340 and section 3038 of
the Federal Transit Act of 1998 (112 Stat. 387 et seq.)
--
[(A) $6,979,931,000 for fiscal year 2006;
[(B) $7,262,775,000 for fiscal year 2007;
[(C) $7,872,893,000 for fiscal year 2008;
[(D) $8,360,565,000 for fiscal year 2009;
[(E) $8,360,565,000 for fiscal year 2010;
[(F) $8,360,565,000 for fiscal year 2011; and
[(G) $8,360,565,000 for fiscal year 2012.
[(2) Allocation of funds.--Of the amounts made
available under paragraph (1)--
[(A) $95,000,000 for fiscal year 2006,
$99,000,000 for fiscal year 2007, $107,000,000
for fiscal year 2008, and $113,500,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5305;
[(B) $3,466,681,000 for fiscal year 2006,
$3,606,175,000 for fiscal year 2007,
$3,910,843,000 for fiscal year 2008, and
$4,160,365,000 for each of fiscal years 2009
through 2012 shall be allocated in accordance
with section 5336 to provide financial
assistance for urbanized areas under section
5307;
[(C) $43,000,000 for fiscal year 2006,
$45,000,000 for fiscal year 2007, $49,000,000
for fiscal year 2008, and $51,500,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5308;
[(D) $1,391,000,000 for fiscal year 2006,
$1,448,000,000 for fiscal year 2007,
$1,570,000,000 for fiscal year 2008, and
$1,666,500,000 for each of fiscal years 2009
through 2012 shall be allocated in accordance
with section 5337 to provide financial
assistance under section 5309(m)(2)(B);
[(E) $822,250,000 for fiscal year 2006,
$855,500,000 for fiscal year 2007, $927,750,000
for fiscal year 2008, and $984,000,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5309(m)(2)(C);
[(F) $112,000,000 for fiscal year 2006,
$117,000,000 for fiscal year 2007, $127,000,000
for fiscal year 2008, and $133,500,000 for each
of fiscal years 2009 through 2012 shall be
available to provide financial assistance for
services for elderly persons and persons with
disabilities under section 5310;
[(G) $388,000,000 for fiscal year 2006,
$404,000,000 for fiscal year 2007, $438,000,000
for fiscal year 2008, and $465,000,000 for each
of fiscal years 2009 through 2012 shall be
available to provide financial assistance for
other than urbanized areas under section 5311;
[(H) $138,000,000 for fiscal year 2006,
$144,000,000 for fiscal year 2007, $156,000,000
for fiscal year 2008, and $164,500,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5316;
[(I) $78,000,000 for fiscal year 2006,
$81,000,000 for fiscal year 2007, $87,500,000
for fiscal year 2008, and $92,500,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5317;
[(J) $22,000,000 for fiscal year 2006,
$23,000,000 for fiscal year 2007, $25,000,000
for fiscal year 2008, and $26,900,000 for each
of fiscal years 2009 through 2012 shall be
available to carry out section 5320;
[(K) $3,500,000 for each of fiscal years 2006
through 2012 shall be available to carry out
section 5335;
[(L) $25,000,000 for each of fiscal years
2006 through 2012 shall be available to carry
out section 5339;
[(M) $388,000,000 for fiscal year 2006,
$404,000,000 for fiscal year 2007, $438,000,000
for fiscal year 2008, and $465,000,000 for each
of fiscal years 2009 through 2012 shall be
allocated in accordance with section 5340 to
provide financial assistance for urbanized
areas under section 5307 and other than
urbanized areas under section 5311; and
[(N) $7,500,000 for fiscal year 2006,
$7,600,000 for fiscal year 2007, $8,300,000 for
fiscal year 2008, and $8,800,000 for each of
fiscal years 2009 through 2012 shall be
available to carry out section 3038 of the
Transportation Equity Act for the 21st Century
(49 U.S.C. 5310 note).
[(c) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309(m)(2)(A)--
[(1) $1,503,000,000 for fiscal year 2006;
[(2) $1,566,000,000 for fiscal year 2007;
[(3) $1,700,000,000 for fiscal year 2008;
[(4) $1,809,250,000 for fiscal year 2009;
[(5) $2,000,000,000 for fiscal year 2010;
[(6) $2,000,000,000 for fiscal year 2011; and
[(7) $1,600,000,000 for fiscal year 2012.
[(d) Research and University Research Centers.--
[(1) In general.--There is authorized to be
appropriated to carry out transit cooperative research
programs under section 5313, the National Transit
Institute under section 5315, university research
centers under section 5506, and national research
programs under sections 5312, 5313, 5314, and 5322
$58,000,000 for fiscal year 2006, $61,000,000 for
fiscal year 2007, $65,500,000 for fiscal year 2008,
$69,750,000 for each of fiscal years 2009 through 2011
and $44,000,000 for fiscal year 2012 of which--
[(A) $9,000,000 for fiscal year 2006,
$9,300,000 for fiscal year 2007, $9,600,000 for
fiscal year 2008, and $10,000,000 for each of
fiscal years 2009, 2010, and 2011 shall be
allocated to carry out transit cooperative
research programs under section 5313;
[(B) $4,300,000 shall be allocated for each
fiscal year to carry out programs under the
National Transit Institute under section 5315,
of which not more than $1,000,000 for each
fiscal year shall be used to carry out section
5315(b)(2)(P);
[(C) $7,000,000 shall be allocated for each
fiscal year to carry out the university centers
program under section 5506;
[(D) $3,000,000 shall be allocated for each
fiscal year to carry out Project Action under
section 5314(a)(2);
[(E) $1,000,000 shall be allocated for each
fiscal year to carry out the National Technical
Assistance Center under section 5314(c); and
[(F) any funds made available under this
paragraph that are not allocated under
subparagraphs (A) through (E) shall be
allocated to carry out national research
programs under sections 5312, 5313, 5314, and
5322.
[(2) University centers program.--
[(A) Allocation.--Of the amounts allocated
under paragraph (1)(C), the following amounts
shall be available to provide transportation
research, training, and curriculum development:
[(i) $2,000,000 for each of fiscal
years 2006 through 2012 for the
University of Tennessee--Knoxville
National Transportation Research
Center.
[(ii) $1,500,000 for each of fiscal
years 2006 through 2012 for Texas A&M
University--Texas Transportation
Institute.
[(iii) $1,000,000 for each of fiscal
years 2006 through 2012 for Morgan
State University.
[(iv) $400,000 for each of fiscal
years 2006 and 2007 for the Small Urban
and Rural Transit Center at North
Dakota State University.
[(v) $550,000 for each of fiscal
years 2006 and 2007 and $650,000 for
each of fiscal years 2008 through 2012
for the University Transportation
Center at the University of Alabama.
[(vi) $450,000 for each of fiscal
years 2006 and 2007 and $550,000 for
each of fiscal years 2008 through 2012
for the Injury Control Research Center
at the University of Alabama
Birmingham.
[(vii) $550,000 for each of fiscal
years 2006 and 2007 and $650,000 for
each of fiscal years 2008 through 2012
for the Jackson State University
Intermodal Transportation Institute at
the Jackson State University.
[(viii) $550,000 for each of fiscal
years 2006 and 2007 and $650,000 for
each of fiscal years 2008 through 2012
for the University Transportation
Center at the University of Denver/
Mississippi State University.
[(B) Requirements.--The universities
specified in subparagraph (A) shall be
considered to be university transportation
centers under section 5506 and shall be subject
to the requirements of subsections (b), (h),
(i), (k), (l), and (m) of such section.
[(3) Additional authorizations.--
[(A) Research.--Of amounts authorized to be
appropriated under paragraph (1) for fiscal
year 2012, the Secretary shall allocate for
each of the activities and projects described
in subparagraphs (A) through (F) of paragraph
(1) an amount equal to 63 percent of the amount
allocated for fiscal year 2009 under each such
subparagraph.
[(B) University centers program.--
[(i) Fiscal year 2012.--Of the
amounts allocated under subparagraph
(A)(i) for the university centers
program under section 5506 for fiscal
year 2012, the Secretary shall allocate
for each program described in clauses
(i) through (iii) and (v) through
(viii) of paragraph (2)(A) an amount
equal to 63 percent of the amount
allocated for fiscal year 2009 under
each such clause.
[(ii) Funding.--If the Secretary
determines that a project or activity
described in paragraph (2) received
sufficient funds in fiscal year 2011,
or a previous fiscal year, to carry out
the purpose for which the project or
activity was authorized, the Secretary
may not allocate any amounts under
clause (i) for the project or activity
for fiscal year 2012 or any subsequent
fiscal year.
[(e) Administration.--There is authorized to be appropriated
to carry out section 5334--
[(1) $82,000,000 for fiscal year 2006;
[(2) $85,000,000 for fiscal year 2007;
[(3) $92,500,000 for fiscal year 2008;
[(4) $98,500,000 for fiscal year 2009;
[(5) $98,911,000 for fiscal year 2010;
[(6) $98,911,000 for fiscal year 2011; and
[(7) $98,713,000 for fiscal year 2012.
[(f) Grants as Contractual Obligations.--
[(1) Grants financed from Highway Trust Fund.--A
grant or contract that is approved by the Secretary and
financed with amounts made available from the Mass
Transit Account of the Highway Trust Fund pursuant to
this section is a contractual obligation of the
Government to pay the Federal share of the cost of the
project.
[(2) Grants financed from General Fund.--A grant or
contract that is approved by the Secretary and financed
with amounts appropriated in advance from the General
Fund of the Treasury pursuant to this section is a
contractual obligation of the Government to pay the
Federal share of the cost of the project only to the
extent that amounts are appropriated for such purpose
by an Act of Congress.
[(g) Availability of Amounts.--Amounts made available by or
appropriated under subsections (b), (c), and (d) shall remain
available until expended.
[Sec. 5339. Alternatives analysis program
[(a) Grants and Agreements.--Under criteria established by
the Secretary, the Secretary may award grants to States,
authorities of the States, metropolitan planning organizations,
and local governmental authorities to develop alternatives
analyses as defined by section 5309(a)(1).
[(b) Government's Share of Costs.--The Government's share of
the cost of an activity funded using amounts made available
under this section may not exceed 80 percent of the cost of the
activity.
[(c) Availability of Funds.--An amount made available or
appropriated under section 5338(b)(2)(L) for this section shall
remain available for 3 fiscal years, including the fiscal year
in which the amount is made available or appropriated. Any of
such amounts that are unobligated at the end of the 3-fiscal-
year period may be used by the Secretary for any purpose under
this section.
[Sec. 5340. Apportionments based on growing States and high density
States formula factors
[(a) Definition.--In this section, the term ``State'' shall
mean each of the 50 States of the United States.
[(b) Allocation.--Of the amounts made available for each
fiscal year under section 5338(b)(2)(M), the Secretary shall
apportion--
[(1) 50 percent to States and urbanized areas in
accordance with subsection (c); and
[(2) 50 percent to States and urbanized areas in
accordance with subsection (d).
[(c) Growing State Apportionments.--
[(1) Apportionment among States.--The amounts
apportioned under subsection (b)(1) shall provide each
State with an amount equal to the total amount
apportioned multiplied by a ratio equal to the
population of that State forecast for the year that is
15 years after the most recent decennial census,
divided by the total population of all States forecast
for the year that is 15 years after the most recent
decennial census. Such forecast shall be based on the
population trend for each State between the most recent
decennial census and the most recent estimate of
population made by the Secretary of Commerce.
[(2) Apportionments between urbanized areas and other
than urbanized areas in each State.--
[(A) In general.--The Secretary shall
apportion amounts to each State under paragraph
(1) so that urbanized areas in that State
receive an amount equal to the amount
apportioned to that State multiplied by a ratio
equal to the sum of the forecast population of
all urbanized areas in that State divided by
the total forecast population of that State. In
making the apportionment under this
subparagraph, the Secretary shall utilize any
available forecasts made by the State. If no
forecasts are available, the Secretary shall
utilize data on urbanized areas and total
population from the most recent decennial
census.
[(B) Remaining amounts.--Amounts remaining
for each State after apportionment under
subparagraph (A) shall be apportioned to that
State and added to the amount made available
for grants under section 5311.
[(3) Apportionments among urbanized areas in each
State.--The Secretary shall apportion amounts made
available to urbanized areas in each State under
paragraph (2)(A) so that each urbanized area receives
an amount equal to the amount apportioned under
paragraph (2)(A) multiplied by a ratio equal to the
population of each urbanized area divided by the sum of
populations of all urbanized areas in the State.
Amounts apportioned to each urbanized area shall be
added to amounts apportioned to that urbanized area
under section 5336, and made available for grants under
section 5307.
[(d) High Density State Apportionments.--Amounts to be
apportioned under subsection (b)(2) shall be apportioned as
follows:
[(1) Eligible States.--The Secretary shall designate
as eligible for an apportionment under this subsection
all States with a population density in excess of 370
persons per square mile.
[(2) State urbanized land factor.--For each State
qualifying for an apportionment under paragraph (1),
the Secretary shall calculate an amount equal to--
[(A) the total land area of the State (in
square miles); multiplied by
[(B) 370; multiplied by (C)(i) the population
of the State in urbanized areas; divided by
[(ii) the total population of the State.
[(3) State apportionment factor.--For each State
qualifying for an apportionment under paragraph (1),
the Secretary shall calculate an amount equal to the
difference between the total population of the State
less the amount calculated in paragraph (2).
[(4) State apportionment.--Each State qualifying for
an apportionment under paragraph (1) shall receive an
amount equal to the amount to be apportioned under this
subsection multiplied by the amount calculated for the
State under paragraph (3) divided by the sum of the
amounts calculated under paragraph (3) for all States
qualifying for an apportionment under paragraph (1).
[(5) Apportionments among urbanized areas in each
State.--The Secretary shall apportion amounts made
available to each State under paragraph (4) so that
each urbanized area receives an amount equal to the
amount apportioned under paragraph (4) multiplied by a
ratio equal to the population of each urbanized area
divided by the sum of populations of all urbanized
areas in the State. Amounts apportioned to each
urbanized area shall be added to amounts apportioned to
that urbanized area under section 5336, and made
available for grants under section 5307.]
Sec. 5338. Authorizations
(a) Formula and Bus Grants.--
(1) In general.--There shall be available from the
Alternative Transportation Account of the Highway Trust
Fund to carry out sections 5305, 5307, 5310, 5311,
5317, 5330, 5335, and 5337 $8,400,000,000 for each of
fiscal years 2013 through 2016.
(2) Allocation of funds.--Amounts made available
under paragraph (1) shall be allocated as follows:
(A) $126,000,000 for each of fiscal years
2013 through 2016 shall be available to carry
out section 5305.
(B) $4,578,000,000 for each of fiscal years
2013 through 2016 shall be allocated in
accordance with section 5336 to provide
financial assistance for urbanized areas and
State safety oversight agencies under sections
5307 and 5336(k).
(C) $840,000,000 for each of fiscal years
2013 through 2016 shall be available to provide
financial assistance for States and local
governmental authorities to replace,
rehabilitate, and purchase buses and related
equipment and to construct bus-related
facilities under section 5310. Of such amount,
$3,000,000 shall be available for each fiscal
year for bus testing under section 5318.
(D) $672,000,000 for each of fiscal years
2013 through 2016 shall be available to provide
financial assistance for rural areas under
section 5311.
(E) $504,000,000 for each of fiscal years
2013 through 2016 shall be available to provide
financial assistance for recipients and
subrecipients to provide coordinated access and
mobility public transportation projects and
services under section 5317.
(F) $3,500,000 for each of fiscal years 2013
through 2016 shall be available to carry out
section 5335. Such amount shall be made
available from funds allocated in accordance
with section 5336 before the apportionments
under subsection 5336(i) are carried out.
(G) $1,680,000,000 for each of fiscal years
2013 through 2016 shall be made available and
allocated in accordance with section 5337 to
provide financial assistance for State and
local government authorities to finance capital
projects to modernize eligible fixed guideway
systems.
(b) Capital Investment Grants.--There is authorized to be
appropriated to carry out section 5309(m)(2) $1,955,000,000 for
each of fiscal years 2013 through 2016.
(c) Research, Training and Outreach, and Technical
Assistance.--There is authorized to be appropriated to carry
out the transit research program under section 5312 and the
training and outreach, National Transit Institute, and
technical assistance activities authorized by section 5322,
$45,000,000 for each of fiscal years 2013 through 2016. Such
amounts shall remain available until expended.
(d) Administration.--There is authorized to be appropriated
to carry out sections 5326 and 5334 $98,000,000 for each of
fiscal years 2013 through 2016.
(e) Grants as Contractual Obligations.--
(1) Grants financed from highway trust fund.--A grant
or contract that is approved by the Secretary and
financed with amounts made available from the
Alternative Transportation Account of the Highway Trust
Fund pursuant to this section is a contractual
obligation of the Government to pay the Federal share
of the cost of the project.
(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed
with amounts appropriated in advance from the General
Fund of the Treasury pursuant to this section is a
contractual obligation of the Government to pay the
Federal share of the cost of the project only to the
extent that amounts are appropriated for such purpose
by an Act of Congress.
* * * * * * *
CHAPTER 55--INTERMODAL TRANSPORTATION
SUBCHAPTER I--GENERAL
Sec.
5501. National Intermodal Transportation System policy.
* * * * * * *
[5505. National university transportation centers.]
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
[Sec. 5505. National university transportation centers
[(a) In General.--
[(1) Establishment and operation.--The Secretary of
Transportation shall make grants under this section to
eligible nonprofit institutions of higher learning to
establish and operate national university
transportation centers.
[(2) Role of centers.--The role of each center shall
be to advance significant transportation research on
critical national transportation issues and to expand
the workforce of transportation professionals.
[(b) Applicability of Requirements.--A grant received by an
eligible nonprofit institution of higher learning under this
section shall be available for the same purposes, and shall be
subject to the same terms and conditions, as a grant made to a
nonprofit institution of higher learning under section 5506.
[(c) Eligible Nonprofit Institution of Higher Learning
Defined.--In this section, the term ``eligible nonprofit
institution of higher learning'' means each of the following:
[(1) University of Alaska.
[(2) Marshall University, West Virginia, on behalf of
a consortium of West Virginia colleges and
universities.
[(3) University of Minnesota.
[(4) University of Missouri, Rolla.
[(5) Northwestern University.
[(6) Oklahoma Transportation Center.
[(7) Portland State University, in partnership with
the University of Oregon, Oregon State University, and
the Oregon Institute of Technology.
[(8) University of Vermont.
[(9) Western Transportation Institute at Montana
State University.
[(10) University of Wisconsin.
[(d) Grants.--The Secretary shall make a grant under this
section to each eligible nonprofit institution of higher
learning in an amount $2,000,000 in fiscal year 2005 and
$3,500,000 in each of fiscal years 2006 through 2009 to carry
out this section.]
Sec. 5506. University transportation research
(a) * * *
(b) Objectives.--Grants received under this section shall be
used by nonprofit institutions of higher learning to advance
significantly the state-of-the-art in transportation research
and expand the workforce of transportation professionals
through the following programs and activities:
(1) Research.--Basic and applied research that is
consistent with section 503 of title 23, the products
of which are judged by peers or other experts in the
field of transportation to advance the body of
knowledge in transportation.
* * * * * * *
(c) [Regional, Tier I, and Tier II Centers] Regional and
Standard Centers.--
(1) [Regional and tier i centers] Regional and
standard centers.--For each of fiscal years [2005
through 2009] 2013 through 2016, the Secretary shall
make grants under subsection (a) to nonprofit
institutions of higher learning to establish and
operate--
(A) * * *
(B) [10 Tier I] 20 standard university
transportation centers.
[(2) Tier II centers.--
[(A) For each of fiscal years 2006 through
2009, the Secretary shall make grants under
subsection (a) to nonprofit institutions of
higher learning to establish and operate 22
Tier II university transportation centers.
[(B) The Tier II centers consist of the
following:
[(i) University of Arkansas, Mack-
Blackwell Rural Transportation Center.
[(ii) University of California,
Davis.
[(iii) California State University,
San Bernardino.
[(iv) Cleveland State University,
Work Zone Safety Institute.
[(v) University of Connecticut.
[(vi) University of Delaware in
Newark.
[(vii) University of Detroit Mercy
(including the coalition partners of
the university).
[(viii) George Mason University.
[(ix) Hampton University, Eastern
Seaboard Intermodal Transportation
Applications Center (ESITAC).
[(x) Kansas State University.
[(xi) Louisiana State University,
LTRC-TTEC.
[(xii) University of Massachusetts
Amherst.
[(xiii) Michigan Technological
University.
[(xiv) University of Nevada Las
Vegas.
[(xv) North Carolina State
University, Center for Transportation
and the Environment.
[(xvi) Northwestern University.
[(xvii) Ohio Higher Education
Transportation Consortium University of
Akron.
[(xviii) University of Rhode Island.
[(xix) University of Toledo.
[(xx) Utah State University.
[(xxi) Youngstown State University.
[(xxii) University of Memphis.]
[(3)] (2) Location of regional centers.--One regional
university transportation center shall be located in
each of the 10 United States Government regions that
comprise the Standard Federal Regional Boundary System.
[(4)] (3) Limitation.--A nonprofit institution of
higher learning may not directly receive a grant under
this section for a fiscal year for more than one
university transportation center.
(d) Competitive Selection Process.--
(1) * * *
* * * * * * *
(3) Opportunity announcement.--
(A) Public disclosure.--All funding
opportunities under this section shall be
publically announced and shall be posted on the
Department of Transportation's Web site and on
Grants.gov. Any announcement shall, at a
minimum, include a detailed description of how
applications will be evaluated and a list of
any specific research areas, educational
objectives, or technology transfer objectives
expected to be addressed by an application.
(B) Input.--In developing an opportunity
announcement under this paragraph, the
Secretary shall solicit the input of
transportation stakeholders, including academic
researchers, State highway and transportation
departments, local and regional governments,
private industry, the Administrator of the
Research and Innovative Technology
Administration, and Administrators of other
relevant Department of Transportation agencies.
(4) Proposal review and selection.--
(A) In general.--The Secretary shall make
award decisions under subsection (c)(1) through
a peer-reviewed, merit-based process. The
Secretary may make grants to, and enter into
cooperative agreements with, the National
Academy of Sciences to carry out such
activities under this paragraph as the
Secretary determines are appropriate.
(B) Peer-review.--
(i) In general.--The Secretary,
acting through the National Research
Council of the National Academy of
Sciences, shall establish a peer-review
process in which all proposals shall be
reviewed by an external committee of
experts.
(ii) Selection.--The external
committee of experts shall be selected
and convened by the Transportation
Research Board of the National Research
Council based on--
(I) their specific knowledge
of transportation research
fields or their broad knowledge
of transportation research
fields;
(II) their knowledge of
associated educational
activities;
(III) their broad knowledge
of the community of
transportation practitioners;
and
(IV) to the extent possible,
diverse representation within
the review group.
(iii) Duties.--The external committee
of experts shall evaluate proposals
based on the degree to which they
advance the objectives in subsection
(b), the selection criteria in
paragraph (2) of this subsection, and
any additional review criteria set
forth in the opportunity announcements
described in paragraph (3) of this
subsection.
(iv) Report.--The external committee
of experts shall issue a report,
published and made available to the
public by the Transportation Research
Board, summarizing the evaluation
process and explaining its findings.
(v) Cost.--The Secretary shall pay
for any necessary expenses associated
with peer-review with a portion of the
funds assigned to the Research and
Innovative Technology Administration
for administration of this section.
(C) Secretarial review.--The Secretary, in
consultation with the Administrator of the
Research and Innovative Technology
Administration and Administrators of any other
relevant Department of Transportation agencies,
shall make final award decisions. The
Secretary's decision shall consider--
(i) the findings of the committee
under subparagraph (B);
(ii) the portfolio of other programs
funded under this section;
(iii) the objectives set forth in
subsection (b);
(iv) the criteria set forth in
paragraph (2);
(v) the details included in the
opportunity announcement required under
paragraph (3); and
(vi) other current proposals and
previously funded proposals.
(D) Transparency.--
(i) In general.--The Secretary shall
provide to each applicant of a proposal
copies of reviews by the committee
under subparagraph (B) and any other
materials used in the evaluation
process (with any reviewer identifying
information redacted) of the
applicant's proposal.
(ii) Public availability.--The
Secretary shall make results of the
review process available to all
applicants and to the public on the
Department's website.
(iii) Report.--The Secretary shall
issue a public report that includes, at
a minimum--
(I) the results of the peer-
review process, including the
findings of the committee under
subparagraph (B); and
(II) the reasons for the
Secretary's final decision,
including a description of--
(aa) the context in
which the proposal was
reviewed; and
(bb) how the findings
of the committee under
subparagraph (B) were
used in reaching the
final decision.
(e) Regional University Transportation Centers.--
(1) Competition.--Not later than [March 31, 2006, and
not later than March 31st of every 4th year thereafter]
180 days after the date of enactment of the American
Energy and Infrastructure Jobs Act of 2012, and every 4
years thereafter, the Secretary shall complete a
competition among nonprofit institutions of higher
learning for grants to establish and operate the 10
regional university transportation centers referred to
in subsection (c)(1)(A).
* * * * * * *
(5) Amount of grants.--The Secretary shall make a
grant to a nonprofit institution of higher learning to
establish and operate a regional university
transportation center of--
(A) * * *
(B) $2,000,000 for each of fiscal years 2006
through 2008; [and]
(C) $2,250,000 for fiscal year 2009[.]; and
(D) $3,500,000 for each of fiscal years 2013
through 2016.
(6) Research requirement.--
(A) Comprehensive transportation safety.--The
Secretary shall make a grant to 1 of the 10
regional university transportation centers
established under subsection (c) for the
purpose of furthering the objectives described
in subsection (b) in the field of comprehensive
transportation safety.
(B) Intelligent transportation systems.--The
Secretary shall make a grant to 1 of the 10
regional university transportation centers
established under subsection (c) (other than
the center described in subparagraph (A)) for
the purpose of furthering the objectives
described in subsection (b) in the field of
intelligent transportation systems.
(7) Competitive process.--The Secretary shall make
award decisions through a competitive process that
follows the requirements described in subsections
(d)(3) and (d)(4) and incorporates the additional
selection criteria set forth in paragraph (2) of this
subsection.
(f) [Tier I] Standard University Transportation Centers.--
(1) Competition.--Not later than [June 30, 2006, and
not later than June 30 of every 4th year thereafter]
180 days after the date of enactment of the American
Energy and Infrastructure Jobs Act of 2012, and every 4
years thereafter, the Secretary shall complete a
competition among nonprofit institutions of higher
learning for grants to establish and operate the [10
Tier I] 20 standard university transportation centers
referred to in subsection (c)(1)(B).
* * * * * * *
(3) Grant recipients.--After selecting a nonprofit
institution of higher learning as a grant recipient on
the basis of a competition conducted under this
subsection, the Secretary shall make a grant to the
recipient to establish and operate a [Tier I] standard
university transportation center in each of the first 4
fiscal years beginning after the date of the
competition.
* * * * * * *
(5) Amount of grants.--The Secretary shall make a
grant of [$1,000,000] $2,000,000 for each of fiscal
years [2005 through 2009] 2013 through 2016 to a
nonprofit institution of higher learning to establish
and operate a [Tier I] standard university
transportation center.
[(g) Tier II University Transportation Centers.--
[(1) Selection.--The Secretary shall make grants to
the nonprofit institutions of higher learning to
establish and operate the 22 Tier II university
transportation centers referred to in subsection
(c)(2)(B).
[(2) Amount of grants.--The Secretary shall make a
grant of $500,000 for each of fiscal years 2006 through
2009 to a nonprofit institution of higher learning to
establish and operate a Tier II university
transportation center.]
[(h)] (g) Support of National Strategy for Surface
Transportation Research.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher
learning shall provide assurances satisfactory to the Secretary
that the research and education activities of its university
transportation center will support the national strategy for
surface transportation research, as identified by--
(1) * * *
(2) the programs of the National Research and
Technology Program of the Federal Transit
Administration.
[(i) Maintenance of Effort.--
[(1) In general.--In order to be]
(h) Maintenance of Effort.--In order to be eligible to
receive a grant under this section, a nonprofit institution of
higher learning shall enter into an agreement with the
Secretary to ensure that the institution will maintain total
expenditures from all other sources to establish and operate a
university transportation center and related research
activities at a level at least equal to the average level of
such expenditures in its 2 fiscal years prior to award of a
grant under this section.
[(2) Special rule.--Nothing in paragraph (1) requires
a nonprofit institution of higher learning designated
as a Tier II university transportation center to
maintain total expenditures as described in paragraph
(1) in excess of the amount of the grant awarded to the
institution.]
[(j)] (i) Federal Share.--The Federal share of the costs of
activities carried out using a grant made under this section
shall be [50] 65 percent of such costs. The non-Federal share
may include funds provided to a recipient under section [503]
503A, 504(b), or 505 of title 23.
[(k)] (j) Program Coordination.--
(1) * * *
* * * * * * *
[(l)] (k) Program Administration.--The Secretary shall carry
out this section acting through the Administrator of the
Research and Innovative Technology Administration.
[(m)] (l) Limitation on Availability of Funds.--Funds made
available to carry out this section shall remain available for
obligation by the Secretary for a period of 2 years after the
last day of the fiscal year for which such funds are
authorized.
(m) Annual Report.--The Secretary shall submit to the
Committee on Science, Space, and Technology and the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make available to the public
on the Department's Web site, an annual report on the
university transportation center program under this section
detailing the activities of the regional and standard centers
during the previous year and how such activities reflect the
priorities of the strategic plan required under section 508(a)
of title 23.
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART A--RAIL
* * * * * * *
CHAPTER 109--LICENSING
* * * * * * *
Sec. 10909. Solid waste rail transfer facility land-use exemption
(a) * * *
(b) Land-Use Exemption Procedures.--Not later than 90 days
after the date of enactment of the [Clean Railroad Act of
2008,] Clean Railroads Act of 2008, the Board shall publish
procedures governing the submission and review of applications
for solid waste rail transfer facility land-use exemptions. At
a minimum, the procedures shall address--
(1) * * *
* * * * * * *
(e) Existing Facilities.--[Upon the granting of petition from
the State] Upon the granting of a petition from the State in
which a solid waste rail transfer facility is operating as of
the date of enactment of the Clean Railroads Act of 2008 by the
Board, the facility shall submit a complete application for a
siting permit to the Board pursuant to the procedures issued
pursuant to subsection (b). No State may enforce a law,
regulation, order, or other requirement affecting the siting of
a facility that is operating as of the date of enactment of the
Clean Railroads Act of 2008 until the Board has approved or
denied a permit pursuant to subsection (c).
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 135--JURISDICTION
SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION
* * * * * * *
Sec. 13506. Miscellaneous motor carrier transportation exemptions
(a) In General.--Neither the Secretary nor the Board has
jurisdiction under this part over--
(1) * * *
* * * * * * *
(4) a motor vehicle in interstate or intrastate
commerce controlled and operated by a farmer and
transporting--
(A) * * *
* * * * * * *
CHAPTER 139--REGISTRATION
Sec.
13901. Requirement for registration.
* * * * * * *
13909. Availability of information.
[Sec. 13901. Requirement for registration
[A person may provide transportation or service subject to
jurisdiction under subchapter I or III of chapter 135 or be a
broker for transportation subject to jurisdiction under
subchapter I of that chapter, only if the person is registered
under this chapter to provide the transportation or service.]
Sec. 13901. Requirement for registration
(a) In General.--A person may provide the following
transportation or services only if the person is registered
under this chapter to provide the transportation or service:
(1) Transportation as a motor carrier subject to
jurisdiction under subchapter I of chapter 135.
(2) Service as a freight forwarder subject to
jurisdiction under subchapter III of chapter 135.
(3) Service as a broker for transportation subject to
jurisdiction under subchapter I of chapter 135.
(b) Registration Numbers.--
(1) In general.--If the Secretary registers a person
under this chapter to provide transportation or
service, including as a motor carrier, freight
forwarder, or broker, the Secretary shall issue a
distinctive registration number to the person for the
transportation or service. In the case of a person
registered by the Secretary to provide more than one
type of transportation or service, the Secretary shall
issue a separate registration number to the person for
each authority to provide transportation or service.
(2) Transportation or service type indicator.--A
registration number issued under paragraph (1) shall
include an indicator of the type of transportation or
service for which the registration number is issued,
including whether the registration number is issued for
registration of a motor carrier, freight forwarder, or
broker.
(c) Specification of Authority.--For each agreement to
provide transportation or service for which registration is
required under this chapter, the registrant shall specify, in
writing, the authority under which the person is providing the
transportation or service.
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
[(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 of this title as a motor carrier if
the Secretary finds that the person is willing and able
to comply with--
[(A) this part and the applicable regulations
of the Secretary and the Board;
[(B)(i) any safety regulations imposed by the
Secretary;
[(ii) the duties of employers and employees
established by the Secretary under section
31135; and
[(iii) the safety fitness requirements
established by the Secretary under section
31144;
[(C) the accessibility requirements
established by the Secretary under subpart H of
part 37 of title 49, Code of Federal
Regulations, or such successor regulations to
those accessibility requirements as the
Secretary may issue, for transportation
provided by an over-the-road bus; and
[(D) the minimum financial responsibility
requirements established by the Secretary
pursuant to sections 13906 and 31138.
[(2) Additional registration requirements for
household goods motor carriers.--In addition to meeting
the requirements of paragraph (1), the Secretary may
register a person to provide transportation of
household goods as a household goods motor carrier only
after that person--
[(A) provides evidence of participation in an
arbitration program and provides a copy of the
notice of the arbitration program as required
by section 14708(b)(2);
[(B) identifies its tariff and provides a
copy of the notice of the availability of that
tariff for inspection as required by section
13702(c);
[(C) provides evidence that it has access to,
has read, is familiar with, and will observe
all applicable Federal laws relating to
consumer protection, estimating, consumers'
rights and responsibilities, and options for
limitations of liability for loss and damage;
and
[(D) discloses any relationship involving
common stock, common ownership, common
management, or common familial relationships
between that person and any other motor
carrier, freight forwarder, or broker of
household goods within 3 years of the proposed
date of registration.]
(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 as a motor carrier using self-
propelled vehicles the motor carrier owns, rents, or
leases if the Secretary finds that the person--
(A) is willing and able to comply with--
(i) this part and the applicable
regulations of the Secretary and the
Board;
(ii) any safety regulations imposed
by the Secretary;
(iii) the duties of employers and
employees established by the Secretary
under section 31135;
(iv) the safety fitness requirements
established by the Secretary under
section 31144;
(v) the accessibility requirements
established by the Secretary under
subpart H of part 37 of title 49, Code
of Federal Regulations, or a successor
regulation, for transportation provided
by an over-the-road bus; and
(vi) the minimum financial
responsibility requirements established
by the Secretary pursuant to sections
13906 and 31138;
(B) has demonstrated, through successful
completion of a proficiency examination, to be
developed by the Secretary by regulation,
knowledge of the requirements and regulations
described in subparagraph (A);
(C) has disclosed to the Secretary any
relationship involving common stock, common
ownership, common control, common management,
or common familial relationship between that
person and any other motor carrier in the 3-
year period preceding the date of the filing of
the application for registration; and
(D) has been issued a Department of
Transportation number under section 31134.
(2) Registration for household goods motor
carriers.--
(A) Additional requirements.--In addition to
meeting the requirements of paragraph (1), the
Secretary may register a person to provide
transportation of household goods as a
household goods motor carrier only after the
person--
(i) provides evidence of
participation in an arbitration program
under section 14708 and provides a copy
of the notice of the arbitration
program as required by section
14708(b)(2);
(ii) identifies the motor carrier's
tariff and provides a copy of the
notice of the availability of that
tariff for inspection as required by
section 13702(c);
(iii) provides evidence that the
person has access to, has read, is
familiar with, and will observe all
applicable Federal laws relating to
consumer protection, estimating,
consumers' rights and responsibilities,
and options for limitations of
liability for loss and damage;
(iv) discloses any relationship
involving common stock, common
ownership, common control, common
management, or common familial
relationships between the person and
any other motor carrier, freight
forwarder, or broker of household goods
within 3 years of the proposed date of
registration;
(v) demonstrates that the person is
willing and able to comply with the
household goods consumer protection
rules of the Secretary; and
(vi) demonstrates, through successful
completion of a proficiency
examination, to be developed by the
Secretary by regulation, knowledge of
the requirements and regulations
described in this subparagraph.
(B) Household goods audits.--
(i) In general.--The Secretary shall
require, by regulation, each registrant
described in subparagraph (A) to
undergo a household goods audit during
the 180-day period beginning 1 year
after the date of issuance of a
provisional registration to the
registrant.
(ii) Regulations.--
(I) Deadline.--The Secretary
shall issue regulations under
clause (i) not later than 2
years after the date of
enactment of the Motor Carrier
Safety, Efficiency, and
Accountability Act of 2012.
(II) Issuance of standards.--
The regulations shall include
standards for household goods
audits.
(iii) Contents.--The Secretary shall
ensure that the standards issued under
clause (ii)(II) require evidence
demonstrating that a registrant
described in subparagraph (A)--
(I) has consistently adhered
to the household goods
regulations of the Secretary;
(II) has consistently adhered
to the requirements of its
tariff;
(III) has not wrongfully
withheld the household goods of
a customer;
(IV) has not had a pattern of
substantiated customer service
complaints filed against it;
and
(V) has complied with all
relevant arbitration
requirements.
(C) Corrective action plan.--
(i) In general.--If a registrant
described in subparagraph (A) fails a
household goods audit, the registrant
may submit to the Secretary for
approval a corrective action plan to
address deficiencies identified in the
audit. The registrant shall submit the
plan during the 60-day period beginning
on the date the registrant is notified
of the results of the audit.
(ii) Deadline for approval or
disapproval.--The Secretary shall
approve or disapprove a corrective
action plan submitted under clause (i)
not later than 60 days after the date
of submission of the plan.
(iii) Assessment of implementation of
corrective action plan.--If the
Secretary approves a corrective action
plan submitted by a registrant under
clause (i), the Secretary shall
determine, during the 1-year period
beginning on the date of such approval,
whether the registrant has carried out
the plan satisfactorily.
(D) Provisional registration.--
(i) In general.--Any registration
issued under subparagraph (A) shall be
designated as a provisional
registration until the audit required
by subparagraph (B) is completed.
(ii) Requirement for issuance of
permanent registration.--A provisional
registration issued to a registrant
under subparagraph (A) shall become
permanent after the registrant--
(I) passes the household
goods audit required under
subparagraph (B); or
(II) implements to the
satisfaction of the Secretary a
corrective action plan under
subparagraph (C).
(iii) Revocation of provisional
registration.--If a registrant fails a
household goods audit required under
subparagraph (B) or does not implement
to the satisfaction of the Secretary a
corrective action plan under
subparagraph (C), the Secretary shall
revoke the provisional registration of
the registrant.
(E) Reapplying for registration.--
(i) In general.--Nothing in this
paragraph permanently prohibits a
person from reapplying for registration
to provide transportation of household
goods as a household goods motor
carrier.
(ii) Limitation.--If the Secretary
revokes the provisional registration of
a person under this paragraph, the
person shall be required to wait at
least 1 year before reapplying for a
registration to provide transportation
of household goods as a household goods
motor carrier.
* * * * * * *
(6) Separate registration required.--A motor carrier
may not broker transportation services unless the motor
carrier has registered as a broker under this chapter.
* * * * * * *
(g) Registration as Freight Forwarder or Broker Required.--A
motor carrier registered under this chapter--
(1) may only provide transportation of property
with--
(A) self-propelled motor vehicles owned or
leased by the motor carrier; or
(B) interchanges, as permitted under
regulations issued by the Secretary and subject
to requirements that the originating carrier
physically transports the cargo at some point
and retains liability for the cargo and payment
of interchanged carriers; and
(2) may not arrange such transportation unless the
motor carrier has obtained a separate registration as a
freight forwarder or broker for transportation under
section 13903 or 13904, as the case may be.
[(g)] (h) Motor Carrier Defined.--In this section and
sections 13905 and 13906, the term ``motor carrier'' includes
foreign motor private carriers.
[Sec. 13903. Registration of freight forwarders
[(a) In General.--The Secretary shall register a person to
provide service subject to jurisdiction under subchapter III of
chapter 135 as a freight forwarder if the Secretary finds that
the person is fit, willing, and able to provide the service and
to comply with this part and applicable regulations of the
Secretary and the Board.
[(b) Registration as Carrier Required.--The freight forwarder
may provide transportation as the carrier itself only if the
freight forwarder also has registered to provide transportation
as a carrier under this chapter.
[Sec. 13904. Registration of brokers
[(a) In General.--The Secretary shall register, subject to
section 13906(b), a person to be a broker for transportation of
property subject to jurisdiction under subchapter I of chapter
135, if the Secretary finds that the person is fit, willing,
and able to be a broker for transportation and to comply with
this part and applicable regulations of the Secretary.
[(b) Registration as Carrier Required.--
[(1) In general.--The broker may provide the
transportation itself only if the broker also has been
registered to provide the transportation as a motor
carrier under this chapter.
[(2) Limitation.--This subsection does not apply to a
motor carrier registered under this chapter or to an
employee or agent of the motor carrier to the extent
the transportation is to be provided entirely by the
motor carrier, with other registered motor carriers, or
with rail or water carriers.
[(c) Regulations To Protect Shippers.--Regulations of the
Secretary applicable to brokers registered under this section
shall provide for the protection of shippers by motor vehicle.
[(d) Bond and Insurance.--The Secretary may impose on brokers
for motor carriers of passengers such requirements for bonds or
insurance or both as the Secretary determines are needed to
protect passengers and carriers dealing with such brokers.]
Sec. 13903. Registration of freight forwarders
(a) In General.--The Secretary shall register a person to
provide service subject to jurisdiction under subchapter III of
chapter 135 as a freight forwarder if the Secretary finds that
the person--
(1) is qualified by experience to act as a freight
forwarder; and
(2) is fit, willing, and able to provide the service
and to comply with this part and applicable regulations
of the Secretary.
(b) Financial Security Requirements.--A registration issued
under subsection (a) shall remain in effect only as long as the
freight forwarder is in compliance with section 13906(c).
(c) Experience or Training Requirement.--A freight forwarder
shall employ, as an officer, an individual who--
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence
of completion of relevant training.
(d) Registration as Motor Carrier Required.--A freight
forwarder may not provide transportation as a motor carrier
unless the freight forwarder has registered separately under
this chapter to provide transportation as a motor carrier.
Sec. 13904. Registration of brokers
(a) In General.--The Secretary shall register a person to be
a broker for transportation of property subject to jurisdiction
under subchapter I of chapter 135, if the Secretary finds that
the person--
(1) is qualified by experience to act as a broker for
transportation; and
(2) is fit, willing, and able to be a broker for
transportation and to comply with this part and
applicable regulations of the Secretary.
(b) Financial Security Requirements.--A registration issued
under subsection (a) shall remain in effect only as long as the
broker for transportation is in compliance with section
13906(b).
(c) Experience or Training Requirement.--A broker shall
employ, as an officer, an individual who--
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence
of completion of relevant training.
(d) Registration as Motor Carrier Required.--
(1) In general.--A broker for transportation may not
provide transportation as a motor carrier unless the
broker has registered separately under this chapter to
provide transportation as a motor carrier.
(2) Limitation.--This subsection does not apply to a
motor carrier registered under this chapter or to an
employee or agent of the motor carrier to the extent
the transportation is to be provided entirely by the
motor carrier.
(e) Regulations To Protect Motor Carriers and Shippers.--
Regulations of the Secretary applicable to brokers registered
under this section shall provide for the protection of motor
carriers and shippers by motor vehicle.
(f) Bond and Insurance.--The Secretary may impose on brokers
for motor carriers of passengers such requirements for bonds or
insurance (or both) as the Secretary determines are needed to
protect passengers and carriers dealing with such brokers.
Sec. 13905. Effective periods of registration
(a) * * *
* * * * * * *
[(c) In General.--Except as otherwise provided in this part,
each registration issued under section 13902, 13903, or 13904
shall be effective from the date specified by the Secretary and
shall remain in effect for such period as the Secretary
determines appropriate by regulation.]
(c) Effective Period.--
(1) In general.--Except as provided in this part,
each registration issued under section 13902, 13903, or
13904 shall be effective from the date specified by the
Secretary and shall remain in effect for such period as
the Secretary determines appropriate by regulation.
(2) Reissuance of registration.--Not later than 4
years after the date of enactment of the Motor Carrier
Safety, Efficiency, and Accountability Act of 2012, the
Secretary shall require a freight forwarder or broker
to renew its registration issued under this chapter.
Such registration shall expire not later than 5 years
after the date of such renewal and may be further
renewed as provided under this chapter.
(3) Requirement for information update.--
(A) In general.--The Secretary shall require
a motor carrier, freight forwarder, or broker
to update its registration information under
this chapter within 30 days of any change in
address, other contact information, officers,
process agent, or other essential information
as determined by the Secretary and published in
the Federal Register.
(B) Motor carriers of passengers.--In
addition to the requirements of subparagraph
(A), the Secretary shall require a motor
carrier of passengers to update its
registration information, including numbers of
vehicles, annual mileage, and individuals
responsible for compliance with Federal safety
regulations quarterly for the first 2 years
after being issued a registration under section
13902.
(d) Suspension, Amendments, and Revocations.--
[(1) In general.--On application of the registrant,
the Secretary may amend or revoke a registration. On
complaint or on the Secretary's own initiative and
after notice and an opportunity for a proceeding, the
Secretary may (A) suspend, amend, or revoke any part of
the registration of a motor carrier, broker, or freight
forwarder for willful failure to comply with this part,
an applicable regulation or order of the Secretary or
of the Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), or a
condition of its registration; and (B) suspend, amend,
or revoke any part of the registration of a motor
carrier, broker, or freight forwarder: (i) for failure
to pay a civil penalty imposed under chapter 5, 51,
149, or 311 of this title; or (ii) for failure to
arrange and abide by an acceptable payment plan for
such civil penalty, within 90 days of the time
specified by order of the Secretary for the payment of
such penalty. Subparagraph (B) shall not apply to any
person who is unable to pay a civil penalty because
such person is a debtor in a case under chapter 11 of
title 11, United States Code.]
(1) Applications.--On application of the registrant,
the Secretary may deny, suspend, amend, or revoke a
registration.
(2) Complaints and actions on secretary's own
initiative.--On complaint or on the Secretary's own
initiative and after notice and an opportunity for a
proceeding, the Secretary may--
(A) deny, suspend, amend, or revoke any part
of the registration of a motor carrier, broker,
or freight forwarder for willful failure to
comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board,
including the accessibility
requirements established by the
Secretary under subpart H of part 37 of
title 49, Code of Federal Regulations,
or a successor regulation, for
transportation provided by an over-the-
road bus; or
(iii) a condition of its
registration;
(B) deny, suspend, amend, or revoke any part
of the registration of a motor carrier, broker,
or freight forwarder for failure to--
(i) pay a civil penalty imposed under
chapter 5, 51, 149, or 311 of this
title; or
(ii) arrange and abide by an
acceptable payment plan for such civil
penalty, within 90 days of the time
specified by order of the Secretary for
the payment of such penalty; and
(C) deny, suspend, amend, or revoke any part
of a registration of a motor carrier following
a determination by the Secretary that the motor
carrier failed to disclose in its application
for registration a material fact relevant to
its willingness and ability to comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board; or
(iii) a condition of its
registration.
(3) Limitation.--Paragraph (2)(B) shall not apply to
any person who is unable to pay a civil penalty because
such person is a debtor in a case under chapter 11 of
title 11.
[(2)] (4) Regulations.--Not later than 12 months
after the date of the enactment of this paragraph, the
Secretary, after notice and opportunity for public
comment, shall issue regulations to provide for the
suspension, amendment, or revocation of a registration
under this part for failure to pay a civil penalty as
provided in [paragraph (1)(B)] paragraph (2)(B).
(e) Procedure.--Except on application of the registrant or if
the Secretary determines that the registrant has failed to
disclose a material fact in an application for registration in
accordance with subsection (d)(2)(C), the Secretary may revoke
a registration of a motor carrier, freight forwarder, or
broker, only after--
(1) * * *
* * * * * * *
Sec. 13906. Security of motor carriers, motor private carriers,
brokers, and freight forwarders
(a) * * *
[(b) Broker Requirements.--The Secretary may register a
person as a broker under section 13904 only if the person files
with the Secretary a bond, insurance policy, or other type of
security approved by the Secretary to ensure that the
transportation for which a broker arranges is provided. The
registration remains in effect only as long as the broker
continues to satisfy the security requirements of this
subsection.
[(c) Freight Forwarder Requirements.--
[(1) Liability insurance.--The Secretary may register
a person as a freight forwarder under section 13903 of
this title only if the person files with the Secretary
a bond, insurance policy, or other type of security
approved by the Secretary. The security must be
sufficient to pay, not more than the amount of the
security, for each final judgment against the freight
forwarder for bodily injury to, or death of, an
individual, or loss of, or damage to, property (other
than property referred to in paragraph (2) of this
subsection), resulting from the negligent operation,
maintenance, or use of motor vehicles by or under the
direction and control of the freight forwarder when
providing transfer, collection, or delivery service
under this part.
[(2) Freight forwarder insurance.--The Secretary may
require a registered freight forwarder to file with the
Secretary a bond, insurance policy, or other type of
security approved by the Secretary sufficient to pay,
not more than the amount of the security, for loss of,
or damage to, property for which the freight forwarder
provides service.
[(3) Effective period.--The freight forwarder's
registration remains in effect only as long as the
freight forwarder continues to satisfy the security
requirements of this subsection.]
(b) Broker Financial Security Requirements.--
(1) Requirements.--
(A) In general.--The Secretary may register a
person as a broker under section 13904 only if
the person files with the Secretary a surety
bond, proof of trust fund, or other financial
security, or a combination thereof, in a form
and amount, and from a provider, determined by
the Secretary to be adequate to ensure
financial responsibility.
(B) Use of a group surety bond, trust fund,
or other surety.--In implementing the standards
established by subparagraph (A), the Secretary
may authorize the use of a group surety bond,
trust fund, or other financial security, or a
combination thereof, that meets the
requirements of this subsection.
(C) Surety bonds.--A surety bond obtained
under this section may only be obtained from a
bonding company that has been approved by the
Secretary of the Treasury.
(D) Proof of trust or other financial
security.--For purposes of subparagraph (A), a
trust fund or other financial security may be
acceptable to the Secretary only if the trust
fund or other financial security consists of
assets readily available to pay claims without
resort to personal guarantees or collection of
pledged accounts receivable.
(2) Scope of financial responsibility.--
(A) Payment of claims.--A surety bond, trust
fund, or other financial security obtained
under paragraph (1) shall be available to pay
any claim against a broker arising from its
failure to pay freight charges under its
contracts, agreements, or arrangements for
transportation subject to jurisdiction under
chapter 135 if--
(i) subject to the review by the
surety provider, the broker consents to
the payment;
(ii) in the case the broker does not
respond to adequate notice to address
the validity of the claim, the surety
provider determines the claim is valid;
or
(iii) the claim is not resolved
within a reasonable period of time
following a reasonable attempt by the
claimant to resolve the claim under
clauses (i) and (ii) and the claim is
reduced to a judgment against the
broker.
(B) Response of surety providers to claims.--
If a surety provider receives notice of a claim
described in subparagraph (A), the surety
provider shall--
(i) respond to the claim on or before
the 30th day following receipt of the
notice; and
(ii) in the case of a denial, set
forth in writing for the claimant the
grounds for the denial.
(C) Costs and attorneys fees.--In any action
against a surety provider to recover on a claim
described in subparagraph (A), the prevailing
party shall be entitled to recover its
reasonable costs and attorneys fees.
(3) Minimum financial security.--A broker subject to
the requirements of this section shall provide
financial security of $100,000, regardless of the
number of branch offices or sales agents of the broker.
(4) Cancellation notice.--If a financial security
required under this subsection is canceled--
(A) the holder of the financial security
shall provide electronic notification to the
Secretary of the cancellation not later than 30
days before the effective date of the
cancellation; and
(B) the Secretary shall immediately post such
notification on the public Internet Web site of
the Department of Transportation.
(5) Suspension.--The Secretary shall immediately
suspend the registration of a broker issued under this
chapter if the available financial security of the
broker falls below the amount required under this
subsection.
(6) Payment of claims in cases of financial failure
or insolvency.--If a broker registered under this
chapter experiences financial failure or insolvency,
the surety provider of the broker shall--
(A) submit a notice to cancel the financial
security to the Administrator in accordance
with paragraph (4);
(B) publicly advertise for claims for 60 days
beginning on the date of publication by the
Secretary of the notice to cancel the financial
security; and
(C) pay, not later than 30 days after the
expiration of the 60-day period for submission
of claims--
(i) all uncontested claims received
during such period; or
(ii) a pro rata share of such claims
if the total amount of such claims
exceeds the financial security
available.
(7) Penalties.--
(A) Civil actions.--Either the Secretary or
the Attorney General may bring a civil action
in an appropriate district court of the United
States to enforce the requirements of this
subsection or a regulation prescribed or order
issued under this subsection. The court may
award appropriate relief, including injunctive
relief.
(B) Civil penalties.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a broker
registered under this chapter has violated the
requirements of this subsection or a regulation
prescribed under this subsection, the surety
provider shall be liable to the United States
for a civil penalty in an amount not to exceed
$10,000.
(C) Eligibility.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a broker
registered under this chapter has violated the
requirements of this subsection or a regulation
prescribed under this subsection, the surety
provider shall be ineligible to provide the
financial security of a broker for 5 years.
(8) Deduction of costs prohibited.--The amount of the
financial security required under this subsection may
not be reduced by deducting attorney's fees or
administrative costs.
(9) Financial security amount assessment.--Every 5
years, the Secretary shall review, with public notice
and comment, the amounts of the financial security
required under this subsection to determine whether the
amounts are sufficient to provide adequate financial
security, and shall be authorized to increase the
amounts, if necessary, based upon that determination.
(c) Freight Forwarder Financial Security Requirements.--
(1) Requirements.--
(A) In general.--The Secretary may register a
person as a freight forwarder under section
13903 only if the person files with the
Secretary a surety bond, proof of trust fund,
or other financial security, or a combination
thereof, in a form and amount, and from a
provider, determined by the Secretary to be
adequate to ensure financial responsibility.
(B) Use of a group surety bond, trust fund,
or other financial security.--In implementing
the standards established by subparagraph (A),
the Secretary may authorize the use of a group
surety bond, trust fund, or other financial
security, or a combination thereof, that meets
the requirements of this subsection.
(C) Surety bonds.--A surety bond obtained
under this section may only be obtained from a
bonding company that has been approved by the
Secretary of the Treasury.
(D) Proof of trust or other financial
security.--For purposes of subparagraph (A), a
trust fund or other financial security may be
acceptable to the Secretary only if the trust
fund or other financial security consists of
assets readily available to pay claims without
resort to personal guarantees or collection of
pledged accounts receivable.
(2) Scope of financial responsibility.--
(A) Payment of claims.--A surety bond, trust
fund, or other financial security obtained
under paragraph (1) shall be available to pay
any claim against a freight forwarder arising
from its failure to pay freight charges under
its contracts, agreements, or arrangements for
transportation subject to jurisdiction under
chapter 135 if--
(i) subject to the review by the
surety provider, the freight forwarder
consents to the payment;
(ii) in the case the freight
forwarder does not respond to adequate
notice to address the validity of the
claim, the surety provider determines
the claim is valid; or
(iii) the claim is not resolved
within a reasonable period of time
following a reasonable attempt by the
claimant to resolve the claim under
clauses (i) and (ii) and the claim is
reduced to a judgment against the
freight forwarder.
(B) Response of surety providers to claims.--
If a surety provider receives notice of a claim
described in subparagraph (A), the surety
provider shall--
(i) respond to the claim on or before
the 30th day following receipt of the
notice; and
(ii) in the case of a denial, set
forth in writing for the claimant the
grounds for the denial.
(C) Costs and attorneys fees.--In any action
against a surety provider to recover on a claim
described in subparagraph (A), the prevailing
party shall be entitled to recover its
reasonable costs and attorneys fees.
(3) Freight forwarder insurance.--
(A) In general.--The Secretary may register a
person as a freight forwarder under section
13903 only if the person files with the
Secretary a surety bond, insurance policy, or
other type of financial security that meets
standards to be prescribed by the Secretary.
(B) Liability insurance.--A financial
security filed by a freight forwarder under
subparagraph (A) shall be sufficient to pay an
amount, not to exceed the amount of the
financial security, for each final judgment
against the freight forwarder for--
(i) bodily injury to, or death of, an
individual, or
(ii) loss of, or damage to, property
(other than property referred to in
subparagraph (C)),
resulting from the negligent operation,
maintenance, or use of motor vehicles by, or
under the direction and control of, the freight
forwarder when providing transfer, collection,
or delivery service under this part.
(C) Cargo insurance.--The Secretary may
require a registered freight forwarder to file
with the Secretary a surety bond, insurance
policy, or other type of financial security
approved by the Secretary that will pay an
amount, not to exceed the amount of the
financial security, for loss of, or damage to,
property for which the freight forwarder
provides service.
(4) Minimum financial security.--Each freight
forwarder subject to the requirements of this section
shall provide financial security of $100,000,
regardless of the number of branch offices or sales
agents of the freight forwarder.
(5) Cancellation notice.--If a financial security
required under this subsection is canceled--
(A) the holder of the financial security
shall provide electronic notification to the
Secretary of the cancellation not later than 30
days before the effective date of the
cancellation; and
(B) the Secretary shall immediately post such
notification on the public Internet Web site of
the Department of Transportation.
(6) Suspension.--The Secretary shall immediately
suspend the registration of a freight forwarder issued
under this chapter if the available financial security
of the freight forwarder falls below the amount
required under this subsection.
(7) Payment of claims in cases of financial failure
or insolvency.--If a freight forwarder registered under
this chapter experiences financial failure or
insolvency, the surety provider of the freight
forwarder shall--
(A) submit a notice to cancel the financial
security to the Administrator in accordance
with paragraph (5);
(B) publicly advertise for claims for 60 days
beginning on the date of publication by the
Secretary of the notice to cancel the financial
security; and
(C) pay, not later than 30 days after the
expiration of the 60-day period for submission
of claims--
(i) all uncontested claims received
during such period; or
(ii) a pro rata share of such claims
if the total amount of such claims
exceeds the financial security
available.
(8) Penalties.--
(A) Civil actions.--Either the Secretary or
the Attorney General may bring a civil action
in an appropriate district court of the United
States to enforce the requirements of this
subsection or a regulation prescribed or order
issued under this subsection. The court may
award appropriate relief, including injunctive
relief.
(B) Civil penalties.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a freight
forwarder registered under this chapter has
violated the requirements of this subsection or
a regulation prescribed under this subsection,
the surety provider shall be liable to the
United States for a civil penalty in an amount
not to exceed $10,000.
(C) Eligibility.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a freight
forwarder registered under this chapter has
violated the requirements of this subsection or
a regulation prescribed under this subsection,
the surety provider shall be ineligible to
provide the financial security of a freight
forwarder for 5 years.
(9) Deduction of costs prohibited.--The amount of the
financial security required under this subsection may
not be reduced by deducting attorney's fees or
administrative costs.
(10) Financial security and insurance amount
assessment.--Every 5 years, the Secretary shall review,
with public notice and comment, the amounts of the
financial security and insurance required under this
subsection to determine whether the amounts are
sufficient to provide adequate financial security, and
shall be authorized to increase the amounts, if
necessary, based upon that determination.
* * * * * * *
Sec. 13908. Registration and other reforms
(a) * * *
* * * * * * *
(d) Fee System.--The Secretary shall establish, under section
9701 of title 31, a fee system for the Unified Carrier
Registration System according to the following guidelines:
(1) Registration and filing evidence of financial
responsibility.--The fee for new registrants shall as
nearly as possible cover the costs of processing the
registration [but shall not exceed $300].
* * * * * * *
Sec. 13909. Availability of information
The Secretary shall make information relating to registration
and financial security required by this chapter publicly
available on the Internet, including--
(1) the names and addresses of the principals of each
entity holding such registration;
(2) the status of such registration; and
(3) the electronic address of the entity's surety
provider for the submission of claims.
* * * * * * *
CHAPTER 149--CIVIL AND CRIMINAL PENALTIES
Sec.
14901. General civil penalties.
* * * * * * *
14916. Unlawful brokerage activities.
* * * * * * *
Sec. 14916. Unlawful brokerage activities
(a) Prohibited Activities.--A person may provide interstate
brokerage services as a broker only if the person--
(1) is registered under, and in compliance with,
section 13904; and
(2) has satisfied the financial security requirements
under section 13906.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) a non-vessel-operating common carrier (as defined
in section 40102 of title 46);
(2) an ocean freight forwarder (as defined in section
40102 of title 46);
(3) a customs broker licensed in accordance with
section 111.2 of title 19, Code of Federal Regulations;
or
(4) an indirect air carrier holding a Standard
Security Program approved by the Transportation
Security Administration,
when arranging for inland transportation as part of an
international through movement involving ocean transportation
between the United States and a foreign port.
(c) Civil Penalties and Private Cause of Action.--Any person
who knowingly authorizes, consents to, or permits, directly or
indirectly, either alone or in conjunction with any other
person, a violation of subsection (a) is liable--
(1) to the United States Government for a civil
penalty in an amount not to exceed $10,000 for each
violation; and
(2) to the injured party for all valid claims
incurred without regard to amount.
(d) Liable Parties.--The liability for civil penalties and
for claims under this section for unauthorized brokering shall
apply, jointly and severally--
(1) to any corporate entity or partnership involved;
and
(2) to the individual officers, directors, and
principals of such entities.
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
PART A--SAFETY
Chapter Sec.
General......................................................20101
* * * * * * *
PART B--ASSISTANCE
* * * * * * *
Capital Grants for Class II and Class III Railroads.........22301]
* * * * * * *
22901roject development and review....................................
* * * * * * *
PART A--SAFETY
* * * * * * *
CHAPTER 201--GENERAL
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 20116. Rulemaking process
No rule or order issued by the Secretary under this part
shall be effective if it incorporates by reference a code,
rule, standard, requirement, or practice issued by an
association or other entity that is not an agency of the
Federal Government, unless (1) the date on which the code,
rule, standard, requirement, or practice was adopted is
specifically cited in the rule or order, or (2) the code, rule,
standard, requirement, or practice has been subject to notice
and comment under a rule or order issued under this part.
* * * * * * *
Sec. 20120. Enforcement report
(a) In General.--Beginning not later than December 31, 2009,
the Secretary of Transportation shall make available to the
public and publish on its public [website] Web site an annual
report that--
(1) provides a summary of railroad safety and
hazardous materials compliance inspections and audits
that Federal or State inspectors conducted in the prior
fiscal year organized by type of alleged violation,
including track, motive power and equipment, signal,
grade crossing, operating practices, [accident and
incidence reporting] accident and incident reporting,
and hazardous materials;
(2) provides a summary of all enforcement actions
taken by the Secretary or the Federal Railroad
Administration during the prior fiscal year,
including--
(A) * * *
* * * * * * *
(G) the number of cases referred to the
Attorney General for civil or criminal
prosecution; and
* * * * * * *
(5) identifies the number of locomotive engineer
certification denial or revocation cases appealed to
and the average length of time it took to be decided
by--
(A) * * *
(B) an [Administrative Hearing Officer or
Administrative Law Judge] administrative
hearing officer or administrative law judge; or
* * * * * * *
SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
* * * * * * *
Sec. 20156. Railroad safety risk reduction program
(a) * * *
* * * * * * *
(c) Risk Analysis.--In developing its railroad safety risk
reduction program, each railroad carrier required to submit
such a program pursuant to subsection (a) shall identify and
analyze the aspects of its railroad, including operating rules
and practices, infrastructure, equipment, employee levels and
schedules, safety culture, management structure, employee
training, and other matters, including those not covered by
railroad safety regulations or other Federal regulations, that
impact railroad safety.
* * * * * * *
(e) Technology Implementation Plan.--
(1) * * *
* * * * * * *
[(4) Positive train control.--Except as required by
section 20157 (relating to the requirements for
implementation of positive train control systems), the
Secretary shall ensure that--
[(A) each railroad carrier's technology
implementation plan required under paragraph
(1) that includes a schedule for implementation
of a positive train control system complies
with that schedule; and
[(B) each railroad carrier required to submit
such a plan implements a positive train control
system pursuant to such plan by December 31,
2018.]
(4) Positive train control.--Except as required by
section 20157 (relating to the requirements for
implementation of positive train control systems), the
Secretary shall ensure that each railroad carrier's
technology implementation plan required under paragraph
(1) that includes a schedule for implementation of a
positive train control system complies with that
schedule. Nothing in this section shall be construed as
requiring the installation of positive train control on
railroad tracks if positive train control is not
required on those tracks by section 20157 and positive
train control on those tracks is not chosen by the
railroad as a technology to be implemented under this
section.
* * * * * * *
(g) Consensus.--
(1) In general.--Each railroad carrier required to
submit a railroad safety risk reduction program under
subsection (a) shall consult with, employ good faith,
and use its best efforts to reach agreement with, all
of its directly affected employees, including any [non-
profit] nonprofit employee labor organization
representing a class or craft of directly affected
employees of the railroad carrier, on the contents of
the safety risk reduction program.
* * * * * * *
Sec. 20157. Implementation of positive train control systems
(a) In General.--
(1) Plan required.--Not later than 18 months after
the date of enactment of the Rail Safety Improvement
Act of 2008, each Class I railroad carrier and each
entity providing regularly scheduled intercity or
commuter rail passenger transportation shall develop
and submit to the Secretary of Transportation a plan
for implementing a positive train control system by
[December 31, 2015] December 31, 2020, governing
operations on--
(A) its main line over which intercity rail
passenger transportation or commuter rail
passenger transportation, as defined in section
24102, is regularly provided; and
(B) its main line over which poison- or
toxic-by-inhalation hazardous materials, as
defined in [parts 171.8, 173.115, and 173.132]
sections 171.8, 173.115, and 173.132 of title
49, Code of Federal Regulations, are
transported[; and] on or after December 31,
2020.
[(C) such other tracks as the Secretary may
prescribe by regulation or order.]
* * * * * * *
(3) Alternative strategy.--A plan submitted under
this subsection may provide that, in lieu of installing
positive train control on all or some of the tracks on
which positive train control is otherwise required to
be installed pursuant to paragraph (1)(B), the railroad
carrier will utilize an alternative risk reduction
strategy that would reduce the risk of release of
poison- or toxic-by-inhalation hazardous materials to
the same extent the risk of a release of poison- or
toxic-by-inhalation hazardous materials would be
reduced if positive train control were installed on
those tracks. An alternative risk reduction strategy
may only be used pursuant to this paragraph on tracks
for which positive train control is not required
pursuant to paragraph (1)(A).
* * * * * * *
(c) Review and [Approval.--Not later than 90 days after the
Secretary receives a plan] Approval.--
(1) In general.--Not later than 90 days after the
Secretary receives a plan or revision of a plan under
this section, the Secretary shall review and approve or
disapprove it. If the proposed plan is not approved,
the Secretary shall notify the affected railroad
carrier or other entity as to the specific areas in
which the proposed plan is deficient, and the railroad
carrier or other entity shall correct all deficiencies
within 30 days following receipt of written notice from
the Secretary. The Secretary shall annually conduct a
review to ensure that the railroad carriers are
complying with their plans.
(2) Revision of plan.--A railroad carrier may revise
a plan under this section as necessary to reflect rail
lines that are added or removed, or to reflect
alternative risk reduction strategies proposed pursuant
to subsection (a)(3).
(d) Report.--Not later than [December 31, 2012] December 31,
2015, the Secretary shall transmit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the progress of the railroad
carriers in implementing such positive train control systems
and alternative risk reduction strategies. Such report shall
include any recommendations for improving the ability of rail
carriers to implement positive train control systems or
alternative risk reduction strategies in accordance with this
section.
(e) Enforcement.--The Secretary is authorized to assess civil
penalties pursuant to chapter 213 for a violation of this
section, including the failure to submit or comply with a plan
for implementing positive train control and alternative risk
reduction strategies under subsection (a).
(f) Other Railroad Carriers.--Nothing in this section
restricts the discretion of the Secretary to require railroad
carriers other than those specified in subsection (a) to
implement a positive train control system pursuant to this
section [or section 20156], or to specify the period by which
implementation shall occur that does not exceed the time limits
established in this section or section 20156. In exercising
such discretion, the Secretary shall, at a minimum, consider
the risk to railroad employees and the public associated with
the operations of the railroad carrier.
* * * * * * *
Sec. 20159. Roadway user sight distance at highway-rail grade crossings
Not later than 18 months after the date of enactment of the
Rail Safety Improvement Act of 2008, [the Secretary] the
Secretary of Transportation, after consultation with the
Federal Railroad Administration, the Federal Highway
Administration, and States, shall develop and make available to
States model legislation providing for improving safety by
addressing sight obstructions, including vegetation growth,
topographic features, structures, and standing railroad
equipment, at highway-rail grade crossings that are equipped
solely with passive warnings, as recommended by the Inspector
General of the Department of Transportation in Report No. MH-
2007-044.
Sec. 20160. National crossing inventory
(a) Initial Reporting of Information About Previously
Unreported Crossings.--Not later than 1 year after the date of
enactment of the Rail Safety Improvement Act of 2008 or 6
months after a new crossing becomes operational, whichever
occurs later, each railroad carrier shall--
(1) report to the Secretary of Transportation current
information, including information about warning
devices and signage, as specified by the Secretary,
concerning each previously unreported crossing through
which it operates [or with] with respect to the
trackage over which it operates; or
* * * * * * *
(b) Updating of Crossing Information.--
(1) On a periodic basis beginning not later than 2
years after the date of enactment of the Rail Safety
Improvement Act of 2008 and on or before September 30
of every year thereafter, or as otherwise specified by
the Secretary, each railroad carrier shall--
(A) report to the Secretary current
information, including information about
warning devices and signage, as specified by
the Secretary, concerning each crossing through
which it operates [or with] with respect to the
trackage over which it operates; or
* * * * * * *
Sec. 20162. Minimum training standards and plans
(a) In General.--The Secretary of Transportation shall, not
later than 1 year after the date of enactment of the Rail
Safety Improvement Act of 2008, establish--
(1) * * *
* * * * * * *
(3) a minimum training curriculum, and ongoing
training criteria, testing, and skills evaluation
measures to ensure that safety-related railroad
employees, and contractor and subcontractor employees,
charged with the inspection of track or railroad
equipment are qualified to assess [railroad compliance
with Federal standards] railroad carrier compliance
with Federal standards to identify defective conditions
and initiate immediate remedial action to correct
critical safety defects that are known to contribute to
derailments, accidents, incidents, or injuries, and, in
implementing the requirements of this paragraph, take
into consideration existing training programs of
railroad carriers.
* * * * * * *
Sec. 20164. Development and use of rail safety technology
(a) In General.--Not later than 1 year [after enactment of
the Railroad Safety Enhancement Act of 2008] after the
enactment of the Rail Safety Improvement Act of 2008, the
Secretary of Transportation shall prescribe standards,
guidance, regulations, or orders governing the development,
use, and implementation of rail safety technology in dark
territory, in arrangements not defined in section 20501 or
otherwise not covered by Federal standards, guidance,
regulations, or orders that ensure the safe operation of such
technology, such as--
(1) * * *
* * * * * * *
PART B--ASSISTANCE
* * * * * * *
CHAPTER 221--LOCAL RAIL FREIGHT ASSISTANCE
* * * * * * *
Sec. 22106. Limitations on financial assistance
(a) * * *
(b) State Use of Repaid Funds and Contingent Interest
Recoveries.--The State shall place the United States
Government's share of money that is repaid and any contingent
interest that is recovered in an interest-bearing account. The
repaid money, contingent interest, and any [interest thereof]
interest thereon shall be considered to be State funds. The
State shall use such funds to make other grants and loans,
consistent with the purposes for which financial assistance may
be used under subsection (a), as the State considers to be
appropriate.
* * * * * * *
[CHAPTER 223--CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS
[Sec.
[22301. Capital grants for class II and class III railroads.
[Sec. 22301. Capital grants for class II and class III railroads
[(a) Establishment of Program.--
[(1) Establishment.--The Secretary of Transportation
shall establish a program for making capital grants to
class II and class III railroads. Such grants shall be
for projects in the public interest that--
[(A)(i) rehabilitate, preserve, or improve
railroad track (including roadbed, bridges, and
related track structures) used primarily for
freight transportation;
[(ii) facilitate the continued or greater use
of railroad transportation for freight
shipments; and
[(iii) reduce the use of less fuel efficient
modes of transportation in the transportation
of such shipments; or
[(B) demonstrate innovative technologies and
advanced research and development that increase
fuel economy, reduce greenhouse gas emissions,
and lower the costs of operation.
[(2) Provision of grants.--Grants may be provided
under this chapter--
[(A) directly to the class II or class III
railroad; or
[(B) with the concurrence of the class II or
class III railroad, to a State or local
government.
[(3) State cooperation.--Class II and class III
railroad applicants for a grant under this chapter are
encouraged to utilize the expertise and assistance of
State transportation agencies in applying for and
administering such grants. State transportation
agencies are encouraged to provide such expertise and
assistance to such railroads.
[(4) Regulations.--Not later than October 1, 2008,
the Secretary shall issue final regulations to
implement the program under this section.
[(b) Maximum Federal Share.--The maximum Federal share for
carrying out a project under this section shall be 80 percent
of the project cost. The non-Federal share may be provided by
any non-Federal source in cash, equipment, or supplies. Other
in-kind contributions may be approved by the Secretary on a
case-by-case basis consistent with this chapter.
[(c) Use of Funds.--Grants provided under this section shall
be used to implement track capital projects as soon as
possible. In no event shall grant funds be contractually
obligated for a project later than the end of the third Federal
fiscal year following the year in which the grant was awarded.
Any funds not so obligated by the end of such fiscal year shall
be returned to the Secretary for reallocation.
[(d) Employee Protection.--The Secretary shall require as a
condition of any grant made under this section that the
recipient railroad provide a fair arrangement at least as
protective of the interests of employees who are affected by
the project to be funded with the grant as the terms imposed
under section 11326(a), as in effect on the date of the
enactment of this chapter.
[(e) Labor Standards.--
[(1) Prevailing wages.--The Secretary shall ensure
that laborers and mechanics employed by contractors and
subcontractors in construction work financed by a grant
made under this section will be paid wages not less
than those prevailing on similar construction in the
locality, as determined by the Secretary of Labor under
subchapter IV of chapter 31 of title 40 (commonly known
as the ``Davis-Bacon Act''). The Secretary shall make a
grant under this section only after being assured that
required labor standards will be maintained on the
construction work.
[(2) Wage rates.--Wage rates in a collective
bargaining agreement negotiated under the Railway Labor
Act (45 U.S.C. 151 et seq.) are deemed for purposes of
this subsection to comply with the subchapter IV of
chapter 31 of title 40.
[(f) Study.--The Secretary shall conduct a study of the
projects carried out with grant assistance under this section
to determine the extent to which the program helps promote a
reduction in fuel use associated with the transportation of
freight and demonstrates innovative technologies that increase
fuel economy, reduce greenhouse gas emissions, and lower the
costs of operation. Not later than March 31, 2009, the
Secretary shall submit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the study, including any
recommendations the Secretary considers appropriate regarding
the program.
[(g) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary $50,000,000 for each of fiscal
years 2008 through 2011 for carrying out this section.]
* * * * * * *
CHAPTER 229--PROJECT DEVELOPMENT AND REVIEW
Sec.
22901. Applicability.
22902. Definitions.
22903. Efficient environmental reviews for rail project decisionmaking.
22904. Integration of planning and environmental review.
22905. Program for eliminating duplication of environmental reviews.
22906. Railroad corridor preservation.
22907. Treatment of railroads for historic preservation.
22908. Categorical exclusion.
22909. State assumption of responsibility for categorical exclusions.
22910. Rail project delivery program.
22911. Exemption in emergencies.
Sec. 22901. Applicability
The provisions of this chapter--
(1) shall be applicable to any freight or intercity
passenger rail capital project that is carried out or
planned to be carried out with the use of Federal funds
administered by the Federal Railroad Administration
through a grant, contract, loan, or other financing
instrument;
(2) shall be broadly construed; and
(3) may be applied by the Secretary to any class or
program of such projects.
Sec. 22902. Definitions
In this chapter, the following definitions apply:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or
Indian tribal government.
(2) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts required to be
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Environmental law.--The term ``environmental
law'' includes any law that provides procedural or
substantive protection, as applicable, for the natural
or built environment with regard to the construction
and operation of transportation projects.
(4) Environmental review process.--
(A) In general.--The term ``environmental
review process'' means the process for
preparing for a rail project an environmental
impact statement, environmental assessment,
categorical exclusion, or other document
prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions.--The term ``environmental
review process'' includes the process for and
completion of any environmental permit,
approval, review, or study required for a rail
project under any Federal law other than the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(5) Federal environmental laws.--The term ``Federal
environmental laws'' means Federal laws governing the
review, including through the issuance of permits and
other approvals of environmental impacts of, the
construction and operation of transportation projects.
Such term includes section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), section 106 of the
National Historic Preservation Act (16 U.S.C. 470f),
and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of
the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)).
(6) Federal lead agency.--The term ``Federal lead
agency'' means the Department of Transportation.
(7) Joint lead agency.--The term ``joint lead
agency'' means an agency designated as a joint lead
agency as described in paragraph (1) or (2) of section
22903(b).
(8) Lead agency.--The term ``lead agency'' means the
Department of Transportation and, if applicable, any
joint lead agency.
(9) Planning product.--The term ``planning product''
means any decision, analysis, study, or other
documented result of an evaluation or decisionmaking
process carried out during rail and transportation
planning.
(10) Project sponsor.--The term ``project sponsor''
means the State agency or other entity, including any
private or public-private entity, that seeks approval
of the Secretary for a rail project.
(11) Rail project.--The term ``rail project'' means
any freight or intercity passenger rail capital project
that is carried out or is planned to be carried out
with the use of Federal funds administered by the
Federal Railroad Administration through a grant,
contract, loan, or other financing instrument.
(12) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(13) State.--The term ``State'' has the meaning given
that term in section 22701(3).
(14) State transportation department.--The term
``State transportation department'' means any statewide
agency of a State with responsibility for one or more
modes of transportation.
Sec. 22903. Efficient environmental reviews for rail project
decisionmaking
(a) Applicability.--
(1) In general.--The project development procedures
in this section are applicable to all rail projects for
which an environmental impact statement is prepared
under the National Environmental Policy Act of 1969 and
may be applied, to the extent determined appropriate by
the Secretary, to other rail projects for which an
environmental document is prepared as part of an
environmental review process.
(2) Flexibility.--Any authorities granted in this
section may be exercised, and any requirements
established in this section may be satisfied, for a
rail project, class of projects, or program of rail
projects.
(3) Funding threshold.--The Secretary's approval of a
rail project involving Federal funds shall not be
considered a Federal action for the purposes of the
National Environmental Policy Act of 1969 if the
Federal funding share--
(A) constitutes 15 percent or less of the
total estimated project costs; or
(B) is less than $10,000,000.
(4) Programmatic compliance.--At the request of a
State, the Secretary may modify the procedures
developed under this section to encourage programmatic
approaches and strategies with respect to environmental
programs and permits (in lieu of project-by-project
reviews).
(b) Lead Agencies.--
(1) In general.--If the rail project requires
approval from more than one modal administration within
the Department of Transportation, the Secretary shall
designate a single modal administration to serve as the
Federal lead agency for the Department in the
environmental review process for the project.
(2) Joint lead agencies.--Nothing in this section
precludes another agency from being a joint lead agency
in accordance with regulations under the National
Environmental Policy Act of 1969.
(3) Project sponsor as joint lead agency.--Any
project sponsor that is a State or local governmental
entity applying to receive or receiving Federal funds
for the rail project shall serve as a joint lead agency
with the Department of Transportation for purposes of
preparing any environmental document under the National
Environmental Policy Act of 1969 and may prepare any
such environmental document required in support of any
action or approval by the Secretary if the Federal lead
agency furnishes guidance in such preparation and
independently evaluates such document and the document
is approved and adopted by the Secretary prior to the
Secretary taking any subsequent action or making any
approval based on such document, whether or not the
Secretary's action or approval results in Federal
funding.
(4) Ensuring compliance.--The Secretary shall ensure
that a project sponsor complies with all design and
mitigation commitments made jointly by the Secretary
and the project sponsor in any environmental document
prepared by the project sponsor in accordance with this
subsection, and that such document is appropriately
supplemented if rail project changes become necessary.
(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection
shall be adopted and used by any Federal agency in
making any approval of a rail project as the document
required to be completed under the National
Environmental Policy Act of 1969.
(6) Roles and responsibility of lead agency.--With
respect to the environmental review process for any
rail project, the lead agency shall have authority and
responsibility--
(A) to take such actions as are necessary and
proper, within the authority of the lead
agency, to facilitate the expeditious
resolution of the environmental review process
for the rail project; and
(B) to prepare or ensure that any required
environmental impact statement or other
document required to be completed under the
National Environmental Policy Act of 1969 is
completed in accordance with this section and
other applicable Federal law.
(c) Participating Agencies.--
(1) In general.--The lead agency shall be responsible
for inviting and designating participating agencies in
accordance with this subsection.
(2) Invitation.--The lead agency shall identify, as
early as practicable in the environmental review
process for a rail project, any other Federal and non-
Federal agencies that may have an interest in the rail
project, and shall invite such agencies to become
participating agencies in the environmental review
process for the rail project. The invitation shall set
a deadline for responses to be submitted. The deadline
may be extended by the lead agency for good cause.
(3) Federal participating agencies.--Any Federal
agency that is invited by the lead agency to
participate in the environmental review process for a
rail project shall be designated as a participating
agency by the lead agency unless the invited agency
informs the lead agency, in writing, by the deadline
specified in the invitation that the invited agency--
(A) has no jurisdiction or authority with
respect to the rail project;
(B) has no expertise or information relevant
to the rail project; and
(C) does not intend to submit comments on the
rail project.
(4) Effect of designation.--
(A) Requirement.--A participating agency
shall comply with the requirements of this
section and any schedule established under this
section.
(B) Implication.--Designation as a
participating agency under this subsection
shall not imply that the participating agency--
(i) supports a proposed rail project;
or
(ii) has any jurisdiction over, or
special expertise with respect to
evaluation of, the rail project.
(5) Cooperating agency.--A participating agency may
also be designated by a lead agency as a ``cooperating
agency'' under the regulations contained in part 1500
of title 40, Code of Federal Regulations.
(6) Designations for categories of rail projects.--
The Secretary may exercise the authorities granted
under this subsection for a rail project, class of rail
projects, or program of rail projects.
(7) Concurrent reviews.--Each participating agency
and cooperating agency shall--
(A) carry out obligations of that agency
under other applicable law concurrently, and in
conjunction, with the review required under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the
agency to ensure completion of the
environmental review process in a timely,
coordinated, and environmentally responsible
manner.
(d) Rail Project Initiation.--The project sponsor shall
notify the Secretary of the type of work, length, and general
location of the proposed rail project, together with a
statement of any Federal approvals anticipated to be necessary
for the proposed rail project, for the purpose of informing the
Secretary that the environmental review process should be
initiated. The project sponsor may satisfy this requirement by
submitting to the Secretary a draft notice for publication in
the Federal Register announcing the preparation of an
environmental impact statement for the rail project.
(e) Purpose and Need.--
(1) Participation.--As early as practicable during
the environmental review process, the lead agency shall
provide an opportunity for involvement by participating
agencies and the public in defining the purpose and
need for a rail project.
(2) Definition.--Following participation under
paragraph (1), the lead agency shall define the rail
project's purpose and need for purposes of any document
which the lead agency is responsible for preparing for
the rail project.
(3) Objectives.--The statement of purpose and need
shall include a clear statement of the objectives that
the proposed action is intended to achieve, which may
include--
(A) achieving a transportation objective
identified in an applicable rail or
transportation plan;
(B) supporting land use, economic
development, or growth objectives established
in applicable Federal, State, local, or tribal
plans;
(C) serving national defense, national
security, or other national objectives, as
established in Federal laws, plans, or
policies; and
(D) serving the purpose for which the
applicable grant, contract, loan, or other
financing program was established.
(4) Alternatives analysis.--
(A) Participation.--As early as practicable
during the environmental review process, the
lead agency shall provide an opportunity for
involvement by participating agencies and the
public in determining the range of alternatives
to be considered for a rail project.
(B) Range of alternatives.--
(i) In general.--Following
participation under paragraph (1), the
lead agency shall determine the range
of alternatives for consideration in
any document which the lead agency is
responsible for preparing for the rail
project.
(ii) Restriction.--A Federal agency
may not require the evaluation of any
alternative that was evaluated, but not
adopted--
(I) in any prior State or
Federal environmental document
with regard to the applicable
transportation or rail plan or
program; or
(II) after the preparation of
a programmatic or tiered
environmental document that
evaluated alternatives to the
rail project.
(iii) Legal sufficiency.--The
evaluation of the range of alternatives
shall be deemed legally sufficient if
the environmental document complies
with the requirements of this
paragraph.
(C) Methodologies.--
(i) In general.--The lead agency also
shall determine, after consultation
with participating agencies as part of
the scoping process, the methodologies
to be used and the level of detail
required in the analysis of each
alternative for a rail project.
(ii) Comments.--Each participating
agency shall limit comments on such
methodologies to those issues that are
within the authority and expertise of
such participating agency.
(iii) Studies.--The lead agency may
not conduct studies proposed by any
participating agency that are not
within the authority or expertise of
such participating agency.
(D) Preferred alternative.--At the discretion
of the lead agency, the preferred alternative
for a rail project, after being identified, may
be developed to a higher level of detail than
other alternatives in order to facilitate the
development of mitigation measures or
concurrent compliance with other applicable
laws if the lead agency determines that the
development of such higher level of detail will
not prevent the lead agency from making an
impartial decision as to whether to accept
another alternative which is being considered
in the environmental review process.
(E) Limitations on the evaluation of impacts
evaluated in prior environmental documents.--
(i) In general.--The lead agency may
not reevaluate, and a Federal agency
may not require the reevaluation of,
cumulative impacts or growth-inducing
impacts where such impacts were
previously evaluated in--
(I) a rail transportation
plan or program;
(II) a prior environmental
document approved by the
Secretary; or
(III) a prior State
environmental document approved
pursuant to a State law that is
substantially equivalent to
section 102(2)(C) of the
National Environmental Policy
Act of 1969 (42 U.S.C.
4332(2)(C)).
(ii) Legal sufficiency.--The
evaluation of cumulative impacts and
growth inducing impacts shall be deemed
legally sufficient if the environmental
document complies with the requirements
of this paragraph.
(5) Effective decisionmaking.--
(A) Concurrence.--At the discretion of the
lead agency, a participating agency shall be
presumed to concur in the determinations made
by the lead agency under this subsection unless
the participating agency submits an objection
to the lead agency in writing within 30 days
after receiving notice of the lead agency's
determination and specifies the statutory basis
for the objection.
(B) Adoption of determination.--If the
participating agency concurs or does not object
within the 30-day period, the participating
agency shall adopt the lead agency's
determination for purposes of any reviews,
approvals, or other actions taken by the
participating agency as part of the
environmental review process for the rail
project.
(f) Coordination and Scheduling.--
(1) Coordination plan.--
(A) In general.--The lead agency shall
establish a rail plan for coordinating public
and agency participation in and comment on the
environmental review process for a rail
project, category of rail projects, or program
of rail projects. The coordination plan may be
incorporated into a memorandum of
understanding.
(B) Schedule.--
(i) In general.--The lead agency may
establish as part of the coordination
plan, after consultation with each
participating agency for the rail
project and with each State in which
the rail project is located (and, if
the State is not the project sponsor,
with the project sponsor), a schedule
for completion of the environmental
review process for the rail project.
(ii) Factors for consideration.--In
establishing the schedule, the lead
agency shall consider factors such as--
(I) the responsibilities of
participating agencies under
applicable laws;
(II) resources available to
the cooperating agencies;
(III) overall size and
complexity of the rail project;
(IV) the overall schedule for
and cost of the rail project;
and
(V) the sensitivity of the
natural and historic resources
that could be affected by the
rail project.
(C) Consistency with other time periods.--A
schedule under subparagraph (B) shall be
consistent with any other relevant time periods
established under Federal law.
(D) Modification.--The lead agency may--
(i) lengthen a schedule established
under subparagraph (B) for good cause;
and
(ii) shorten a schedule only with the
concurrence of the affected cooperating
agencies.
(E) Dissemination.--A copy of a schedule
established under subparagraph (B), and of any
modifications to the schedule, shall be--
(i) provided to all participating
agencies and to the State
transportation department of each State
in which the rail project is located
(and, if the State is not the project
sponsor, to the project sponsor); and
(ii) made available to the public.
(2) Comment deadlines.--The lead agency shall
establish the following deadlines for comment during
the environmental review process for a rail project:
(A) For comments by agencies and the public
on a draft environmental impact statement, a
period of not more than 60 days after
publication in the Federal Register of notice
of the date of public availability of such
document, unless--
(i) a different deadline is
established by agreement of the lead
agency, the project sponsor, and all
participating agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
(B) For all other comment periods established
by the lead agency for agency or public
comments in the environmental review process, a
period of no more than 30 days from
availability of the materials on which comment
is requested, unless--
(i) a different deadline is
established by agreement of the lead
agency, the project sponsor, and all
participating agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
(3) Deadlines for decisions under other laws.--
(A) Prior approval deadline.--If a
participating agency is required to make a
determination regarding or otherwise approve or
disapprove the rail project prior to the record
of decision or finding of no significant impact
of the lead agency, such participating agency
shall make such determination or approval no
later than 30 days after the lead agency
publishes notice of the availability of a final
environmental impact statement or other final
environmental document, or no later than such
other date that is otherwise required by law,
whichever occurs first.
(B) Other deadlines.--With regard to any
determination or approval of a participating
agency that is not subject to subparagraph (A),
each participating agency shall make any
required determination regarding or otherwise
approve or disapprove the rail project no later
than 90 days after the date that the lead
agency approves the record of decision or
finding of no significant impact for the rail
project, or not later than such other date that
is otherwise required by law, whichever occurs
first.
(C) Deemed approved.--In the event that any
participating agency fails to make a
determination or approve or disapprove the rail
project within the applicable deadline
described in subparagraphs (A) and (B), the
rail project shall be deemed approved by such
participating agency and such approval shall be
deemed to comply with the applicable
requirements of Federal law.
(D) Judicial review.--
(i) In general.--An approval of a
rail project under subparagraph (C)
shall not be subject to judicial
review.
(ii) Written finding.--The Secretary
may issue a written finding verifying
the approval made in accordance with
this paragraph.
(g) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and the
participating agencies shall work cooperatively in
accordance with this section to identify and resolve
issues that could delay completion of the environmental
review process or could result in denial of any
approvals required for the rail project under
applicable laws.
(2) Lead agency responsibilities.--The lead agency
shall make information available to the participating
agencies as early as practicable in the environmental
review process regarding the environmental and
socioeconomic resources located within the rail project
area and the general locations of the alternatives
under consideration. Such information may be based on
existing data sources, including geographic information
systems mapping.
(3) Participating agency responsibilities.--Based on
information received from the lead agency,
participating agencies shall identify, as early as
practicable, any issues of concern regarding the rail
project's potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include
any issues that could substantially delay or prevent an
agency from granting a permit or other approval that is
needed for the rail project.
(4) Issue resolution.--
(A) Meeting of participating agencies.--At
any time upon request of a project sponsor or
the Governor of a State in which the rail
project is located, the lead agency shall
promptly convene a meeting with the relevant
participating agencies, the project sponsor,
and the Governor (if the meeting was requested
by the Governor) to resolve issues that could
delay completion of the environmental review
process or could result in denial of any
approvals required for the rail project under
applicable laws.
(B) Notice that resolution cannot be
achieved.--If a resolution cannot be achieved
within 30 days following such a meeting and a
determination by the lead agency that all
information necessary to resolve the issue has
been obtained, the lead agency shall notify the
heads of all participating agencies, the
project sponsor, the Governor, the Committee on
Environment and Public Works of the Senate, the
Committee on Transportation and Infrastructure
of the House of Representatives, and the
Council on Environmental Quality, and shall
publish such notification in the Federal
Register.
(C) Resolution final.--
(i) In general.--The lead agency and
participating agencies may not
reconsider the resolution of any issue
agreed to by the relevant agencies in a
meeting under subparagraph (A).
(ii) Compliance with applicable
law.--Any such resolution shall be
deemed to comply with applicable law
notwithstanding that the agencies
agreed to such resolution prior to the
approval of the environmental document.
(h) Streamlined Documentation and Decisionmaking.--
(1) In general.--The lead agency in the environmental
review process for a rail project, in order to reduce
paperwork and expedite decisionmaking, shall prepare a
condensed final environmental impact statement.
(2) Condensed format.--A condensed final
environmental impact statement for a rail project in
the environmental review process shall consist only
of--
(A) an incorporation by reference of the
draft environmental impact statement;
(B) any updates to specific pages or sections
of the draft environmental impact statement as
appropriate; and
(C) responses to comments on the draft
environmental impact statement and copies of
the comments.
(3) Timing of decision.--Notwithstanding any other
provision of law, in conducting the environmental
review process for a rail project, the lead agency
shall combine a final environmental impact statement
and a record of decision for the rail project into a
single document if--
(A) the alternative approved in the record of
decision is either a preferred alternative that
was identified in the draft environmental
impact statement or is a modification of such
preferred alternative that was developed in
response to comments on the draft environmental
impact statement; and
(B) the Secretary determines that the lead
agency, participating agency, or the project
sponsor has committed to implement the measures
applicable to the approved alternative that are
identified in the final environmental impact
statement.
(i) Supplemental Environmental Review and re-Evaluation.--
(1) Supplemental environmental review.--After the
approval of a record of decision or finding of no
significant impact with regard to a rail project, an
agency may not require the preparation of a subsequent
environmental document for such rail project unless the
lead agency determines that--
(A) changes to the rail project will result
in new significant impacts that were not
evaluated in the environmental document; or
(B) new information has become available or
changes in circumstances have occurred after
the lead agency approval of the rail project
that will result in new significant impacts
that were not evaluated in the environmental
document.
(2) Re-evaluations.--The Secretary may only require
the re-evaluation of a document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) if--
(A) the Secretary determines that the events
in paragraph (1)(A) or (1)(B) apply; and
(B) more than 5 years has elapsed since the
Secretary's prior approval of the rail project
or authorization of rail project funding.
(3) Change to record of decisions.--After the
approval of a record of decision, the Secretary may not
require the record of decision to be changed based
solely because of a change in the fiscal circumstances
surrounding the rail project.
(j) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress toward improving and
expediting the planning and environmental review processes.
(k) Assistance to Affected State and Federal Agencies.--
(1) In general.--For a rail project that is subject
to the environmental review process established under
this section and for which funds are made available to
a State under funding programs administered by the
Federal Railroad Administration, the Secretary may
approve a request by the State to provide such funds to
affected Federal agencies (including the Department of
Transportation), State agencies, and Indian tribes
participating in the environmental review process for
the rail projects in that State or participating in a
State process that has been approved by the Secretary
for that State. Such funds may be provided only to
support activities that directly and meaningfully
contribute to expediting and improving transportation
or rail project planning and delivery for rail projects
in that State.
(2) Activities eligible for funding.--Activities for
which funds may be provided under paragraph (1) include
transportation planning activities that precede the
initiation of the environmental review process,
dedicated staffing, training of agency personnel,
information gathering and mapping, and development of
programmatic agreements.
(3) Amounts.--Requests under paragraph (1) may be
approved only for the additional amounts that the
Secretary determines are necessary for the Federal
agencies, State agencies, or Indian tribes
participating in the environmental review process to
meet the time limits for environmental review.
(4) Condition.--A request under paragraph (1) to
expedite time limits for environmental review may be
approved only if such time limits are less than the
customary time necessary for such review.
(l) Regulations.--
(1) In general.--Not later than 1 year after the date
of enactment of the American Energy and Infrastructure
Jobs Act of 2012, the Secretary, by regulation, shall--
(A) implement this section; and
(B) establish methodologies and procedures
for evaluating the environmental impacts,
including cumulative impacts and growth-
inducing impacts, of rail projects subject to
this section.
(2) Compliance with applicable law.--Any
environmental document that utilizes the methodologies
and procedures established under this subsection shall
be deemed to comply with the applicable requirements
of--
(A) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or its
implementing regulations; or
(B) any other Federal environmental statute
applicable to rail projects.
(m) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking
judicial review of a permit, license, or approval
issued by a Federal agency for a rail project shall be
barred unless it is filed within 90 days after
publication of a notice in the Federal Register
announcing that the permit, license, or approval is
final pursuant to the law under which the agency action
is taken, unless a shorter time is specified in the
Federal law pursuant to which judicial review is
allowed. Nothing in this subsection shall create a
right to judicial review or place any limit on filing a
claim that a person has violated the terms of a permit,
license, or approval.
(2) New information.--The preparation of a
supplemental environmental impact statement or other
environmental document when required by this section
shall be considered a separate final agency action and
the deadline for filing a claim for judicial review of
such action shall be 90 days after the date of
publication of a notice in the Federal Register
announcing such action.
(n) Limitations on Judicial Relief.--Notwithstanding any
other provision of law, the following limitations shall apply
to actions brought before a court in connection with a rail
project under this section:
(1) Venue for any action shall be where the rail
project is located.
(2) A specific property interest impacted by the rail
project in question must exist in order to have
standing to bring an action.
(3) No action may be commenced by any person alleging
a violation of--
(A) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), chapters 5 and 7
of title 5, or any other Federal environmental
law if such Federal law is identified in the
draft environmental impact statement, unless
such person provided written notice to the lead
agency of the alleged violation of law, and the
facts supporting such claim, during the public
comment period on the draft environmental
impact statement; or
(B) any other law with regard to the rail
project unless such person provided written
notice to the applicable approving agency of
the alleged violation of law, and the facts
supporting such claim, during the public
comment period on such agency approval.
(4) Elected or appointed officials working for the
Federal Government or a State government may not be
named in their individual capacities in an action if
they are acting within the scope of their official
duties.
Sec. 22904. Integration of planning and environmental review
(a) Adoption of Planning Products for Use in NEPA
Proceedings.--
(1) In general.--Notwithstanding any other provision
of law and subject to the conditions set forth in
subsection (c), the Federal lead agency for a rail
project, at the request of the project sponsors, may
adopt and use a planning product in proceedings
relating to any class of action in the environmental
review process of the rail project.
(2) Partial adoption of planning products.--The
Federal lead agency may adopt a planning product under
paragraph (1) in its entirety or may select portions
for adoption.
(3) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product shall be
made at the time the lead agencies decide the
appropriate scope of environmental review for the rail
project.
(b) Applicability.--
(1) Planning decisions.--Planning decisions that may
be adopted pursuant to this section include--
(A) a purpose and need or goals and
objectives statement for the rail project,
including with respect to whether private
financial assistance or other special financial
measures are necessary to implement the rail
project;
(B) a decision with respect to rail project
location;
(C) a decision with respect to the
elimination of unreasonable alternatives and
the selection of the range of reasonable
alternatives for detailed study during the
environmental review process;
(D) a basic description of the environmental
setting;
(E) a decision with respect to methodologies
for analysis; and
(F) identifications of programmatic level
mitigation for potential impacts that the
Federal lead agency, in consultation with
Federal, State, local, and tribal resource
agencies, determines are most effectively
addressed at a regional or national program
level, including--
(i) system-level measures to avoid,
minimize, or mitigate impacts of
proposed transportation and rail
investments on environmental resources,
including regional ecosystem and water
resources; and
(ii) potential mitigation activities,
locations, and investments.
(2) Planning analyses.--Planning analyses that may be
adopted pursuant to this section include studies with
respect to--
(A) freight and passenger rail needs and
demands;
(B) regional development and growth;
(C) local land use, growth management, and
development;
(D) population and employment;
(E) natural and built environmental
conditions;
(F) environmental resources and
environmentally sensitive areas;
(G) potential environmental effects,
including the identification of resources of
concern and potential cumulative effects on
those resources, identified as a result of a
statewide or regional cumulative effects
assessment; and
(H) mitigation needs for a proposed action,
or programmatic level mitigation, for potential
effects that the Federal lead agency determines
are most effectively addressed at a regional or
national program level.
(c) Conditions.--Adoption and use of a planning product under
this section is subject to a determination by the Federal lead
agency, in consultation with joint lead agencies and project
sponsors as appropriate, that the following conditions have
been met:
(1) The planning product was developed through a
planning process conducted pursuant to applicable
Federal law.
(2) The planning process included broad consideration
of freight and passenger rail needs and potential
effects.
(3) During the planning process, notice was provided,
to the extent required by applicable law, through
publication or other means to Federal, State, and local
government agencies and tribal governments that might
have an interest in the proposed rail project, and to
members of the general public, of the planning products
that the planning process might produce and that might
be relied on during the environmental review process,
and such entities have been provided an appropriate
opportunity to participate in the planning process
leading to such planning product.
(4) Prior to determining the scope of environmental
review for the rail project, the joint lead agencies
have made documentation relating to the planning
product available to Federal, State, and local
governmental agencies and tribal governments that may
have an interest in the proposed action, and to members
of the general public.
(5) There is no significant new information or new
circumstance that has a reasonable likelihood of
affecting the continued validity or appropriateness of
the planning product.
(6) The planning product is based on reliable and
reasonably current data and reasonable and
scientifically acceptable methodologies.
(7) The planning product is documented in sufficient
detail to support the decision or the results of the
analysis and to meet requirements for use of the
information in the environmental review process.
(8) The planning product is appropriate for adoption
and use in the environmental review process for the
rail project.
(d) Effect of Adoption.--Notwithstanding any other provision
of law, any planning product adopted by the Federal lead agency
in accordance with this section shall not be reconsidered or
made the subject of additional interagency consultation during
the environmental review process of the rail project unless the
Federal lead agency, in consultation with joint lead agencies
and project sponsors as appropriate, determines that there is
significant new information or new circumstances that affect
the continued validity or appropriateness of the adopted
planning product. Any planning product adopted by the Federal
lead agency in accordance with this section may be relied upon
and used by other Federal agencies in carrying out reviews of
the rail project.
(e) Rule of Construction.--This section may not be construed
to make the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) process applicable to the transportation
planning processes conducted under chapters 52 and 227 of this
title, section 211 of the Passenger Rail Investment and
Improvement Act of 2008, or section 26101 of this title.
Initiation of the National Environmental Policy Act of 1969
process as a part of, or concurrently with, transportation
planning activities does not subject transportation plans and
programs to the National Environmental Policy Act of 1969
process. This section may not be construed to affect the use of
planning products in the National Environmental Policy Act of
1969 process pursuant to other authorities under law or to
restrict the initiation of the National Environmental Policy
Act of 1969 process during planning.
Sec. 22905. Program for eliminating duplication of environmental
reviews
(a) Establishment.--
(1) In general.--The Secretary shall establish a
program to eliminate duplicative environmental reviews
and approvals under State and Federal law of rail
projects. Under this program, a State may use State
laws and procedures to conduct reviews and make
approvals in lieu of Federal environmental laws and
regulations, consistent with the provisions of this
section.
(2) Participating states.--All States are eligible to
participate in the program.
(3) Scope of alternative review and approval
procedures.--For purposes of this section, alternative
environmental review and approval procedures may
include one or more of the following:
(A) Substitution of one or more State
environmental laws for one or more Federal
environmental laws, if the Secretary determines
in accordance with this section that the State
environmental laws provide environmental
protection and opportunities for public
involvement that are substantially equivalent
to the applicable Federal environmental laws.
(B) Substitution of one or more State
regulations for Federal regulations
implementing one or more Federal environmental
laws, if the Secretary determines in accordance
with this section that the State regulations
provide environmental protection and
opportunities for public involvement that are
substantially equivalent to the Federal
regulations.
(b) Application.--To participate in the program, a State
shall submit to the Secretary an application containing such
information as the Secretary may require, including--
(1) a full and complete description of the proposed
alternative environmental review and approval
procedures of the State;
(2) for each State law or regulation included in the
proposed alternative environmental review and approval
procedures of the State, an explanation of the basis
for concluding that the law or regulation meets the
requirements under subsection (a)(3); and
(3) evidence of having sought, received, and
addressed comments on the proposed application from the
public and appropriate Federal environmental resource
agencies.
(c) Review of Application.--The Secretary shall--
(1) review an application submitted under subsection
(b);
(2) approve or disapprove the application in
accordance with subsection (d) not later than 90 days
after the date of the receipt of the application; and
(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons
for the approval or disapproval.
(d) Approval of State Programs.--
(1) In general.--The Secretary shall approve each
such application if the Secretary finds that the
proposed alternative environmental review and approval
procedures of the State are substantially equivalent to
the applicable Federal environmental laws and Federal
regulations.
(2) Exclusion.--The National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not
apply to any decision by the Secretary to approve or
disapprove any application submitted pursuant to this
section.
(e) Compliance With Permits.--Compliance with a permit or
other approval of a rail project issued pursuant to a program
approved by the Secretary under this section shall be deemed
compliance with the Federal laws and regulations identified in
the program approved by the Secretary pursuant to this section.
(f) Review and Termination.--
(1) Review.--All State alternative environmental
review and approval procedures approved under this
section shall be reviewed by the Secretary not less
than once every 5 years.
(2) Public notice and comment.--In conducting the
review process under paragraph (1), the Secretary shall
provide notice and an opportunity for public comment.
(3) Extensions and terminations.--At the conclusion
of the review process, the Secretary may extend the
State alternative environmental review and approval
procedures for an additional 5-year period or terminate
the State program.
(g) Report to Congress.--Not later than 2 years after the
date of enactment of this section, and annually thereafter, the
Secretary shall submit to Congress a report that describes the
administration of the program.
Sec. 22906. Railroad corridor preservation
(a) In General.--The Secretary may assist an applicant to
acquire railroad right-of-way and adjacent real property
interests before the completion of the environmental reviews
for any rail project that may use the right-of-way and the real
property interests if the acquisition is otherwise permitted
under Federal law. The Secretary may establish restrictions on
such an acquisition as the Secretary determines to be necessary
and appropriate.
(b) Environmental Reviews.--Railroad right-of-way and real
property interests acquired under this section may not be
developed in anticipation of final approval of the rail project
until all required environmental reviews for the rail project
have been completed.
Sec. 22907. Treatment of railroads for historic preservation
Except for a railroad operated as a historic site with the
purpose of preserving the railroad for listing in the National
Register of Historic Places, a railroad subject to the safety
regulation jurisdiction of the Federal Railroad Administration,
or any portion of such railroad, or any property in current or
former use by a railroad and intended to be restored to use by
a railroad, shall not be considered a historic site, district,
object, structure, or property of national, State, or local
significance for purposes of section 303 of this title or
section 106 or 110 of the National Historic Preservation Act
(16 U.S.C. 470f or 470h-2) by virtue of being listed as a
resource in, or eligible for listing in, the National Register
of Historic Places. At the discretion of the Secretary, with
the advice of the Department of the Interior, significant
individual elements of a railroad such as depots and major
bridges would be subject to such section 106 or 110.
Sec. 22908. Categorical exclusion
(a) Treatment of Rail Projects.--The Secretary shall, for the
purposes of this title, treat a rail project as a class of
action categorically excluded from the requirements relating to
the environmental assessment process or the preparation of
environmental impact statements under the standards promulgated
by the Council on Environmental Quality (40 C.F.R. 1508.4), if
such rail project--
(1) replaces or maintains existing railroad
equipment; track and bridge structures;
electrification, communication, signaling, or security
facilities; stations; maintenance-of-way and
maintenance-of-equipment bases; or other existing
railroad-related facilities;
(2) is a rail line addition of any length within an
existing right of way;
(3) is related to the implementation of positive
train control systems, as required by section 20157 of
title 49, United States Code; or
(4) replaces, reconstructs, or rehabilitates an
existing railroad bridge, including replacement of a
culvert, that does not require the acquisition of a
significant amount of right-of-way.
(b) Additional Actions.--If a rail project qualifies for
categorical exclusion under this section except for additional
actions that do not fit in the relevant category, the rail
project may be categorically excluded if the Secretary
determines, based on information provided by the project
sponsor, that the additional actions meet the standards for
categorical exclusion promulgated by the Council on
Environmental Quality (40 C.F.R. 1508.4).
(c) Other Operating Administrations' Categorical
Exclusions.--If a rail project would be eligible for
categorical exclusion from the requirements relating to the
environmental assessment process or the preparation of
environmental impact statements by another operating
administration of the Department of Transportation, the Federal
Railroad Administration may categorically exclude the rail
project.
Sec. 22909. State assumption of responsibility for categorical
exclusions
(a) Categorical Exclusion Determinations.--
(1) In general.--The Secretary may assign, and a
State may assume, responsibility for determining
whether certain designated activities are included
within classes of action identified by the Secretary
that are categorically excluded from requirements for
environmental assessments or environmental impact
statements pursuant to regulations promulgated by the
Council on Environmental Quality under part 1500 of
title 40, Code of Federal Regulations (as in effect on
October 1, 2003).
(2) Scope of authority.--A determination described in
paragraph (1) shall be made by a State in accordance
with criteria established by the Secretary and for any
type of activity for which a categorical exclusion
classification is appropriate.
(3) Criteria.--The criteria under paragraph (2) shall
include provisions for public availability of
information consistent with section 552 of title 5 and
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) Preservation of flexibility.--The Secretary shall
not require a State, as a condition of assuming
responsibility under this section, to forego project
delivery methods that are otherwise permissible for
rail projects.
(b) Other Applicable Federal Laws.--
(1) In general.--If a State assumes responsibility
under subsection (a), the Secretary may also assign and
the State may assume all or part of the
responsibilities of the Secretary for environmental
review, consultation, or other related actions required
under any Federal environmental law applicable to
activities that are classified by the Secretary as
categorical exclusions, with the exception of
government-to-government consultation with Indian
tribes, subject to the same procedural and substantive
requirements as would be required if that
responsibility were carried out by the Secretary.
(2) Sole responsibility.--A State that assumes
responsibility under paragraph (1) with respect to a
Federal law shall be solely responsible and solely
liable for complying with and carrying out that law,
and the Secretary shall have no such responsibility or
liability.
(c) Memoranda of Understanding.--
(1) In general.--The Secretary and the State, after
providing public notice and opportunity for comment,
shall enter into a memorandum of understanding setting
forth the responsibilities to be assigned under this
section and the terms and conditions under which the
assignments are made, including establishment of the
circumstances under which the Secretary would reassume
responsibility for categorical exclusion
determinations.
(2) Term.--A memorandum of understanding--
(A) shall have a term of not more than 3
years; and
(B) shall be renewable.
(3) Acceptance of jurisdiction.--In a memorandum of
understanding, the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.
(4) Monitoring.--The Secretary shall--
(A) monitor compliance by the State with the
memorandum of understanding and the provision
by the State of financial resources to carry
out the memorandum of understanding; and
(B) take into account the performance by the
State when considering renewal of the
memorandum of understanding.
(d) Termination.--The Secretary may terminate any assumption
of responsibility under a memorandum of understanding on a
determination that the State is not adequately carrying out the
responsibilities assigned to the State.
(e) State Agency Deemed to be Federal Agency.--A State agency
that is assigned a responsibility under a memorandum of
understanding shall be deemed to be a Federal agency for the
purposes of the Federal law under which the responsibility is
exercised.
Sec. 22910. Rail project delivery program
(a) Establishment.--
(1) In general.--The Secretary shall carry out a rail
project delivery program (referred to in this section
as the ``program'').
(2) Assumption of responsibility.--
(A) In general.--Subject to the other
provisions of this section, with the written
agreement of the Secretary and a State, which
may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the responsibilities of
the Secretary with respect to one or more rail
projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Additional responsibility.--If a State
assumes responsibility under subparagraph (A)--
(i) the Secretary may assign to the
State, and the State may assume, all or
part of the responsibilities of the
Secretary for environmental review,
consultation, or other action required
under any Federal environmental law
pertaining to the review or approval of
a specific rail project; but
(ii) the Secretary may not assign any
responsibility imposed on the Secretary
by chapter 227 of this title.
(C) Procedural and substantive
requirements.--A State shall assume
responsibility under this section subject to
the same procedural and substantive
requirements as would apply if that
responsibility were carried out by the
Secretary.
(D) Federal responsibility.--Any
responsibility of the Secretary not explicitly
assumed by the State by written agreement under
this section shall remain the responsibility of
the Secretary.
(E) No effect on authority.--Nothing in this
section preempts or interferes with any power,
jurisdiction, responsibility, or authority of
an agency, other than the Department of
Transportation, under applicable law (including
regulations) with respect to a rail project.
(F) Preservation of flexibility.--The
Secretary may not require a State, as a
condition of participation in the program, to
forego project delivery methods that are
otherwise permissible for rail projects.
(b) State Participation.--
(1) Participating states.--All States are eligible to
participate in the program.
(2) Application.--Not later than 270 days after the
date of enactment of this section, the Secretary shall
promulgate regulations that establish requirements
relating to information required to be contained in any
application of a State to participate in the program,
including, at a minimum--
(A) the rail projects or classes of projects
for which the State anticipates exercising the
authority that may be granted under the
program;
(B) verification of the financial resources
necessary to carry out the authority that may
be granted under the program; and
(C) evidence of the notice and solicitation
of public comment by the State relating to
participation of the State in the program,
including copies of comments received from that
solicitation.
(3) Public notice.--
(A) In general.--Each State that submits an
application under this subsection shall give
notice of the intent of the State to
participate in the program not later than 30
days before the date of submission of the
application.
(B) Method of notice and solicitation.--The
State shall provide notice and solicit public
comment under this paragraph by publishing the
complete application of the State in accordance
with the appropriate public notice law of the
State.
(4) Selection criteria.--The Secretary may approve
the application of a State under this section only if--
(A) the regulatory requirements under
paragraph (2) have been met;
(B) the Secretary determines that the State
has the capability, including financial and
personnel, to assume the responsibility; and
(C) the head of the State agency having
primary jurisdiction over rail matters enters
into a written agreement with the Secretary
described in subsection (c).
(5) Other federal agency views.--If a State applies
to assume a responsibility of the Secretary that would
have required the Secretary to consult with another
Federal agency, the Secretary shall solicit the views
of the Federal agency before approving the application.
(c) Written Agreement.--A written agreement under this
section shall--
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged
with responsibility for rail construction;
(2) be in such form as the Secretary may prescribe;
(3) provide that the State--
(A) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
(B) expressly consents, on behalf of the
State, to accept the jurisdiction of the
Federal courts for the compliance, discharge,
and enforcement of any responsibility of the
Secretary assumed by the State;
(C) certifies that State laws (including
regulations) are in effect that--
(i) authorize the State to take the
actions necessary to carry out the
responsibilities being assumed; and
(ii) are comparable to section 552 of
title 5, including providing that any
decision regarding the public
availability of a document under those
State laws is reviewable by a court of
competent jurisdiction; and
(D) agrees to maintain the financial
resources necessary to carry out the
responsibilities being assumed;
(4) shall have a term of not more than 5 years; and
(5) shall be renewable.
(d) Jurisdiction.--
(1) In general.--The United States district courts
shall have exclusive jurisdiction over any civil action
against a State for failure to carry out any
responsibility of the State under this section.
(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal
standards and requirements that would apply in such a
civil action against the Secretary had the Secretary
taken the actions in question.
(3) Intervention.--The Secretary shall have the right
to intervene in any action described in paragraph (1).
(e) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (a)(2) shall be solely
responsible and solely liable for carrying out, in lieu of the
Secretary, the responsibilities assumed under subsection
(a)(2), until the program is terminated as provided in
subsection (j).
(f) Limitations on Agreements.--Nothing in this section
permits a State to assume any rulemaking authority of the
Secretary under any Federal law.
(g) Audits.--
(1) In general.--To ensure compliance by a State with
any agreement of the State under subsection (c)
(including compliance by the State with all Federal
laws for which responsibility is assumed under
subsection (a)(2)), for each State participating in the
program under this section, the Secretary shall
conduct--
(A) semiannual audits during each of the
first 2 years of State participation; and
(B) annual audits during each of the third
and fourth years of State participation.
(2) Public availability and comment.--
(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public
for comment.
(B) Response.--Not later than 60 days after
the date on which the period for public comment
ends, the Secretary shall respond to public
comments received under subparagraph (A).
(h) Monitoring.--After the fourth year of participation of
the State in the program, the Secretary shall monitor
compliance by the State with the written agreement, including
the provision by the State of financial resources to carry out
the written agreement.
(i) Report to Congress.--The Secretary shall submit to
Congress an annual report that describes the administration of
the program.
(j) Termination.--The Secretary may terminate the
participation of any State in the program if--
(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned
to the State;
(2) the Secretary provides to the State--
(A) notification of the determination of
noncompliance; and
(B) a period of at least 30 days during which
to take such corrective action as the Secretary
determines is necessary to comply with the
applicable agreement; and
(3) the State, after the notification and period
provided under paragraph (2), fails to take
satisfactory corrective action, as determined by
Secretary.
Sec. 22911. Exemption in emergencies
If any railroad, track, bridge, or other facility is in
operation or under construction when damaged by an emergency
declared by the Governor of the State and concurred in by the
Secretary, or declared by the President pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121), is proposed to be reconstructed with Federal
funds, and is reconstructed in the same location with the same
capacity, dimensions, and design as before the emergency, then
that reconstruction project shall be exempt from any further
environmental reviews, approvals, licensing, and permit
requirements under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) sections 402 and 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1342, 1344);
(3) the National Historic Preservation Act (16 U.S.C.
470 et seq.);
(4) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
(6) the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.);
(7) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), except when the reconstruction occurs in
designated critical habitat for threatened and
endangered species;
(8) Executive Order 11990 (42 U.S.C. 4321 note;
relating to the protection of wetlands); and
(9) any Federal law (including regulations) requiring
no net loss of wetlands.
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
CHAPTER 241--GENERAL
Sec.
24101. Findings, mission, and goals.
* * * * * * *
[24105. Congestion grants.]
* * * * * * *
[Sec. 24105. Congestion grants
[(a) Authority.--The Secretary of Transportation may make
grants to States, or to Amtrak in cooperation with States, for
financing the capital costs of facilities, infrastructure, and
equipment for high priority rail corridor projects necessary to
reduce congestion or facilitate ridership growth in intercity
rail passenger transportation.
[(b) Eligible Projects.--Projects eligible for grants under
this section include projects--
[(1) identified by Amtrak as necessary to reduce
congestion or facilitate ridership growth in intercity
rail passenger transportation along heavily traveled
rail corridors;
[(2) identified by the Surface Transportation Board
as necessary to improve the on time performance and
reliability of intercity rail passenger transportation
under section 24308(f); and
[(3) designated by the Secretary as being
sufficiently advanced in development to be capable of
serving the purposes described in subsection (a) on an
expedited schedule.
[(c) Federal Share.--The Federal share of the cost of a
project financed under this section shall not exceed 80
percent.
[(d) Grant Conditions.--The Secretary of Transportation shall
require each recipient of a grant under this section to comply
with the grant requirements of section 24405 of this title.
[(e) Authorization of Appropriations.--There are authorized
to be appropriated, from amounts made available under section
301 of the Passenger Rail Investment and Improvement Act of
2008, to the Secretary to carry out this section--
[(1) $50,000,000 for fiscal year 2010;
[(2) $75,000,000 for fiscal year 2011;
[(3) $100,000,000 for fiscal year 2012; and
[(4) $100,000,000 for fiscal year 2013.]
* * * * * * *
CHAPTER 243--AMTRAK
Sec.
24301. Status and applicable laws.
* * * * * * *
24316. Plan [to assist families of passengers] to address needs of
families of passengers involved in rail passenger accidents.
24317. Inspector General.
* * * * * * *
Sec. 24305. General authority
(a) * * *
* * * * * * *
(c) Miscellaneous Authority.--Amtrak may--
(1) * * *
* * * * * * *
(4) provide food and beverage services on its trains
[only if revenues from the services each year at least
equal the cost of providing the services] only as
provided in subsection (h);
* * * * * * *
(f) Domestic Buying Preferences.--(1) * * *
* * * * * * *
(5) The requirements of this subsection apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source of such contracts, if
at least one contract for the project is funded with amounts
made available to carry out this title.
(6) If the Secretary receives a request for an exemption
under this subsection, the Secretary shall provide notice of
and an opportunity for public comment on the request at least
30 days before making a finding based on the request. Such a
notice shall include the information available to the Secretary
concerning the request and shall be provided by electronic
means, including on the official public Internet Web site of
the Department of Transportation. If the Secretary grants an
exemption under this subsection, the Secretary shall publish in
the Federal Register a detailed justification for the exemption
that addresses the public comments received under this
paragraph and shall ensure that such justification is published
before the exemption takes effect.
(g) Limitations on Use of Federal Funds.--
(1) Limitations.--Amtrak may not use any Federal
funds for the following purposes:
(A) Hiring or contracting with any outside
legal professional for the purpose of filing,
litigating, or otherwise pursuing any cause of
action in a Federal or State court against a
passenger rail service provider.
(B) Filing, litigating, or otherwise pursuing
in any Federal or State court any cause of
action against a passenger rail service
provider arising from a competitive bid process
in which Amtrak and the passenger rail service
provider participated.
(2) Definitions.--For the purposes of this
subsection--
(A) the term ``outside legal professional''
means any individual, corporation, partnership,
limited liability corporation, limited
liability partnership, or other private entity
in the business of providing legal services
that is not employed on a full-time basis
solely by Amtrak; and
(B) the term ``passenger rail service
provider'' means any company, partnership, or
other public or private entity that operates
passenger rail service or bids to operate
passenger rail service in a competitive
process.
(h) Food and Beverage Service.--
(1) In general.--Except as provided in paragraph (6),
food and beverage service may be provided on Amtrak
trains only by a bidder selected by the Federal
Railroad Administration under paragraph (5). The
Federal Railroad Administration may consult with and
obtain assistance from the General Services
Administration in carrying out this subsection.
(2) Requests for proposals.--Not later than 60 days
after the date of enactment of this subsection, the
Federal Railroad Administration shall issue separate
requests for proposals for provision of food and
beverage service on Amtrak trains on the national rail
passenger transportation system for each of
subparagraphs (A) through (D) of section 24102(5).
(3) Deadlines.--
(A) Submittal of bids.--Bids for the
provision of food and beverage service on
Amtrak trains pursuant to the requests for
proposals issued under paragraph (2) shall be
submitted to the Federal Railroad
Administration not later than 60 days after the
issuance of the relevant request for proposals.
(B) Selection of winning bids.--The Federal
Railroad Administration shall select winning
bidders pursuant to paragraph (5) not later
than 90 days after the issuance of the relevant
request for proposals.
(4) Amtrak participation.--Amtrak may participate in
the bidding pursuant to a request for proposals issued
under paragraph (2).
(5) Selection of providers.--The Federal Railroad
Administration shall select for the provision of food
and beverage service on Amtrak trains the qualified
bidder responding to the request for proposals issued
under paragraph (2) whose bid would result in the
lowest cost, or the greatest source of revenue, to
Amtrak.
(6) Exemption.--If no qualified bidder responds to
the request for proposals issued under paragraph (2),
Amtrak, after transmitting to the Federal Railroad
Administration and the Congress an explanation of the
reasons for the need of an exemption, may request from
the Federal Railroad Administration, and the Federal
Railroad Administration may grant, an exemption from
the limitations under this subsection.
(7) Subsidy for net loss.--The Federal Railroad
Administration shall provide directly to the entity
providing food and beverage service on Amtrak trains
any portion of appropriations for Amtrak necessary to
cover a net loss resulting from the provision of such
service, but only to the extent that such net loss was
anticipated in the bid selected.
* * * * * * *
[Sec. 24310. Management accountability
[(a) In General.--Within 3 years after the date of enactment
of the Passenger Rail Investment and Improvement Act of 2008,
and 2 years thereafter, the Inspector General of the Department
of Transportation shall complete an overall assessment of the
progress made by Amtrak management and the Department of
Transportation in implementing the provisions of that Act.
[(b) Assessment.--The management assessment undertaken by the
Inspector General may include a review of--
[(1) effectiveness in improving annual financial
planning;
[(2) effectiveness in implementing improved financial
accounting;
[(3) efforts to implement minimum train performance
standards;
[(4) progress maximizing revenues, minimizing Federal
subsidies, and improving financial results; and
[(5) any other aspect of Amtrak operations the
Inspector General finds appropriate to review.]
Sec. 24310. Management accountability
(a) In General.--Promptly after the date of enactment of the
American Energy and Infrastructure Jobs Act of 2012, and again
not later than 5 years after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008, the
Inspector General of the Department of Transportation shall
complete an overall assessment of the progress made by the
Department of Transportation, and the Inspector General of
Amtrak shall complete an overall assessment of the progress
made by Amtrak management, in implementing the provisions of
the Passenger Rail Investment and Improvement Act of 2008.
(b) Assessment.--The management assessment undertaken by the
Amtrak Inspector General may include a review of--
(1) effectiveness in improving annual financial
planning;
(2) effectiveness in implementing improved financial
accounting;
(3) efforts to implement minimum train performance
standards;
(4) progress maximizing revenues, minimizing Federal
subsidies, and improving financial results; and
(5) any other aspect of Amtrak operations the Amtrak
Inspector General finds appropriate to review.
* * * * * * *
Sec. 24317. Inspector General
(a) Investigation Authority.--The Inspector General of Amtrak
shall have all authority available to other Inspectors General,
as necessary in carrying out the duties specified in the
Inspector General Act 1978 (5 U.S.C. App. 3), to investigate
any alleged violation of section 286, 287, 371, 641, 1001, or
1002 of title 18, and, with respect to audits conducted by the
Amtrak Office of the Inspector General, any violation of
section 1516 of such title.
(b) Services From General Services Administration.--The
Inspector General of Amtrak may obtain from the Administrator
of General Services, and the Administrator shall provide to the
Inspector General, services under sections 502(a) and 602 of
title 40, including travel programs.
(c) Qualified Immunity.--
(1) In general.--An employee of the Amtrak Office of
Inspector General shall enjoy the same personal
qualified immunity from lawsuit or liability as the
employees of other inspectors general that operate
under authority of the Inspector General Act of 1978
with respect to the performance of investigative,
audit, or inspection functions authorized under that
Act that are carried out for the Amtrak Office of
Inspector General.
(2) Federal government liability.--No liability of
any kind shall attach to or rest upon the United States
for any damages from or by any actions of the Amtrak
Office of Inspector General, its employees, agents, or
representatives.
* * * * * * *
CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE
Sec.
24401. Definitions.
[24402. Capital investment grants to support intercity passenger rail
service.]
24402. Intercity passenger rail capital grants to States.
* * * * * * *
Sec. 24402. [Capital investment grants to support intercity passenger
rail service] Intercity passenger rail capital
grants to States
(a) * * *
[(b) Project as Part of State Rail Plan.--
[(1) The Secretary may not approve a grant for a
project under this section unless the Secretary finds
that the project is part of a State rail plan developed
under chapter 227 of this title, or under the plan
required by section 211 of the Passenger Rail
Investment and Improvement Act of 2008, and that the
applicant or recipient has or will have the legal,
financial, and technical capacity to carry out the
project, satisfactory continuing control over the use
of the equipment or facilities, and the capability and
willingness to maintain the equipment or facilities.
[(2) An applicant shall provide sufficient
information upon which the Secretary can make the
findings required by this subsection.
[(3) If an applicant has not selected the proposed
operator of its service competitively, the applicant
shall provide written justification to the Secretary
showing why the proposed operator is the best, taking
into account price and other factors, and that use of
the proposed operator will not unnecessarily increase
the cost of the project.]
[(c)] (b) Project Selection Criteria.--The Secretary, in
selecting the recipients of financial assistance to be provided
under subsection (a), shall--
(1) require--
(A) * * *
* * * * * * *
(D) [that if an applicant has selected the
proposed operator of its service competitively,
that the applicant provide] that the applicant
shall select the proposed operator of its
service competitively, and that the applicant
shall provide written justification to the
Secretary showing why the proposed operator is
the best, taking into account costs and other
factors;
* * * * * * *
(2) select projects--
(A) * * *
(B) for which there is a high degree of
confidence that the proposed project is
feasible and will result in the anticipated
benefits, as indicated by--
(i) * * *
(ii) the readiness of the project to
be commenced; and
(iii) the timing and amount of the
project's future noncommitted
investments; and
[(iv) the commitment of any affected
host rail carrier to ensure the
realization of the anticipated
benefits; and
[(v) other relevant factors as
determined by the Secretary; and]
* * * * * * *
[(d)] (c) State Rail Plans.--State rail plans completed
before the date of enactment of the Passenger Rail Investment
and Improvement Act of 2008 that substantially meet the
requirements of chapter 227 of this title, as determined by the
Secretary pursuant to section 22506 of this title, shall be
deemed by the Secretary to have met the requirements of
subsection [(c)(1)(A)] (b)(1)(A) of this section.
[(e)] (d) Amtrak Eligibility.--To receive a grant under this
section, Amtrak may enter into a cooperative agreement with 1
or more States to carry out 1 or more projects on a State rail
plan's ranked list of rail capital projects developed under
section 22504(a)(5) of this title. For such a grant, Amtrak may
not use Federal funds authorized under section 101(a) or (c) of
the Passenger Rail Investment and Improvement Act of 2008 to
fulfill the non-Federal share requirements under subsection
[(g)] (f) of this section.
[(f)] (e) Letters of Intent and Early Systems Work
Agreements.--
(1) * * *
(2) At least 30 days before issuing a letter under
paragraph (1) of this subsection, the Secretary shall
notify in writing the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of
the Senate, and the House and Senate Committees on
Appropriations of the proposed letter or agreement. The
Secretary shall include with the notification a copy of
the proposed letter or agreement, the criteria used in
subsection [(c)] (b) for selecting the project for a
grant award, and a description of how the project meets
such criteria.
* * * * * * *
[(g)] (f) Federal Share of Net Project Cost.--
(1) * * *
* * * * * * *
[(3) The following amounts, not to exceed $15,000,000
per fiscal year, shall be available to each applicant
as a credit toward an applicant's matching requirement
for a grant awarded under this section--
[(A) in each of fiscal years 2009, 2010, and
2011--
[(i) 50 percent of the average of
amounts expended in fiscal years 2002
through 2008 by an applicant for
capital projects related to intercity
passenger rail service; and
[(ii) 50 percent of the average of
amounts expended in fiscal years 2002
through 2008 by an applicant for
operating costs of such service; and
[(B) in each of fiscal years 2010, 2011 and
2012, 50 percent of the amount by which the
amounts expended for capital projects and
operating costs related to intercity passenger
rail service by an applicant in the prior
fiscal year exceed the average capital and
operating expenditures made for such service in
fiscal years 2006, 2007, and 2008.
The Secretary may require such information as necessary
to verify such expenditures. Credits made available to
an applicant in a fiscal year under this paragraph may
only be applied towards grants awarded in that fiscal
year.
[(4) The Federal share of expenditures for capital
improvements under this chapter may not exceed 100
percent.]
[(h)] (g) 2-Year Availability.--Funds appropriated under this
section shall remain available until expended. [If any amount
provided as a grant under this section is not obligated or
expended for the purposes described in subsection (a) within 2
years after the date on which the State received the grant,
such sums shall be returned to the Secretary for other
intercity passenger rail development projects under this
section at the discretion of the Secretary.] If any amount
provided as a grant under this section is not obligated within
3 years after the date on which the State is awarded the grant,
such amount shall be rescinded and deposited to the general
fund of the Treasury, where such amount shall be dedicated for
the sole purpose of deficit reduction and prohibited from use
as an offset for other spending increases or revenue
reductions.
[(i)] (h) Cooperative Agreements.--
(1) * * *
* * * * * * *
[(j)] (i) Special Transportation Circumstances.--In carrying
out this section, the Secretary shall allocate an appropriate
portion of the amounts available under this section to provide
grants to States--
(1) * * *
* * * * * * *
[(k)] (j) Small Capital Projects.--The Secretary shall make
not less than 5 percent annually available from the amounts
authorized under section 101(c) of the Passenger Rail
Investment and Improvement Act of 2008 beginning in fiscal year
2009 for grants for capital projects eligible under this
section not exceeding $2,000,000, including costs eligible
under section 209(d) of that Act. For grants awarded under this
subsection, the Secretary may waive requirements of this
section, including state rail plan requirements, as
appropriate.
[(l)] (k) Nonmotorized Transportation Access and Storage.--
Grants under this chapter may be used to provide access to
rolling stock for nonmotorized transportation, including
bicycles, and recreational equipment, and to provide storage
capacity in trains for such transportation, equipment, and
other luggage, to ensure passenger safety.
* * * * * * *
Sec. 24405. Grant conditions
(a) Buy America.--(1) * * *
* * * * * * *
[(4) If the Secretary determines that it is necessary to
waive the application of paragraph (1) based on a finding under
paragraph (2), the Secretary shall, before the date on which
such finding takes effect--
[(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
[(B) provide notice of such finding and an
opportunity for public comment on such finding for a
reasonable period of time not to exceed 15 days.]
[(5)] (4) Not later than December 31, 2012, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on any waivers granted under paragraph (2).
[(6)] (5) The Secretary of Transportation may not make a
waiver under paragraph (2) of this subsection for goods
produced in a foreign country if the Secretary, in consultation
with the United States Trade Representative, decides that the
government of that foreign country--
(A) * * *
* * * * * * *
[(7)] (6) A person is ineligible to receive a contract or
subcontract made with amounts authorized under this chapter if
a court or department, agency, or instrumentality of the
Government decides the person intentionally--
(A) * * *
* * * * * * *
[(8)] (7) The Secretary may not impose any limitation on
assistance provided under this chapter that restricts a State
from imposing more stringent requirements than this subsection
on the use of articles, materials, and supplies mined,
produced, or manufactured in foreign countries in projects
carried out with that assistance or restricts a recipient of
that assistance from complying with those State-imposed
requirements.
[(9)] (8) The Secretary may allow a manufacturer or supplier
of steel, iron, or manufactured goods to correct after bid
opening any certification of noncompliance or failure to
properly complete the certification (but not including failure
to sign the certification) under this subsection if such
manufacturer or supplier attests under penalty of perjury that
such manufacturer or supplier submitted an incorrect
certification as a result of an inadvertent or clerical error.
The burden of establishing inadvertent or clerical error is on
the manufacturer or supplier.
[(10)] (9) A party adversely affected by an agency action
under this subsection shall have the right to seek review under
section 702 of title 5.
[(11)] (10) The requirements of this subsection shall only
apply to projects for which the costs exceed $100,000.
(11) The requirements of this subsection apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source of such contracts, if
at least one contract for the project is funded with amounts
made available to carry out this title.
(12) If the Secretary receives a request for a waiver under
this subsection, the Secretary shall provide notice of and an
opportunity for public comment on the request at least 30 days
before making a finding based on the request. Such a notice
shall include the information available to the Secretary
concerning the request and shall be provided by electronic
means, including on the official public Internet Web site of
the Department of Transportation. If the Secretary issues a
waiver under this subsection, the Secretary shall publish in
the Federal Register a detailed justification for the waiver
that addresses the public comments received under this
paragraph and shall ensure that such justification is published
before the waiver takes effect.
CHAPTER 247--AMTRAK ROUTE SYSTEM
* * * * * * *
Sec. 24711. Alternate passenger rail service pilot program
(a) In General.--Within 1 year after the date of enactment of
the Passenger Rail Investment and Improvement Act of 2008, the
Federal Railroad Administration shall complete a rulemaking
proceeding to develop a pilot program that--
(1) permits a rail carrier or rail carriers that own
infrastructure over which Amtrak operates a passenger
rail service route described in subparagraph (B), (C),
or (D) of section 24102(5) or in section 24702 to
petition the Administration to be considered as a
passenger rail service provider over that route in lieu
of Amtrak for [a period not to exceed 5 years after the
date of enactment of the Passenger Rail Investment and
Improvement Act of 2008] an operations period of 5
years, renewable for a second 5-year operations period
at the discretion of the Administrator;
* * * * * * *
(f) Transfer Authority.--The Secretary of Transportation may
provide directly to a winning bidder selected under this
section any portion of appropriations for Amtrak operations
necessary to cover the operating subsidy described in
subsection (a)(5)(B).
* * * * * * *
PART D--HIGH-SPEED RAIL
* * * * * * *
CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE
* * * * * * *
Sec. 26106. High-speed rail corridor development
(a) * * *
* * * * * * *
(e) Competitive Grant Selection and Criteria for Grants.--
(1) * * *
(2) Grant criteria.--The Secretary, in selecting the
recipients of high-speed rail development grants to be
provided under subsection (c), shall--
(A) require--
(i) * * *
* * * * * * *
(v) [that if an applicant has
selected the proposed operator of its
service, that the applicant provide]
that the applicant shall select the
proposed operator of its service
competitively, and that the applicant
shall provide written justification to
the Secretary showing why the proposed
operator is the best, taking into
account costs and other factors;
* * * * * * *
(B) select high-speed rail projects--
(i) * * *
(ii) for which there is a high degree
of confidence that the proposed project
is feasible and will result in the
anticipated benefits, as indicated by--
(I) the project's
precommencement compliance with
environmental protection
requirements; and
(II) the readiness of the
project to be commenced; and
[(III) the commitment of any
affected host rail carrier to
ensure the realization of the
anticipated benefits; and
[(IV) other relevant factors
as determined by the
Secretary;]
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
Sec.
31100. Purpose.
* * * * * * *
[31102. Grants to States.]
31102. Motor carrier safety assistance program.
* * * * * * *
[31107. Border enforcement grants.]
* * * * * * *
[31109. Performance and registration information system management.]
31109. Performance and registration information systems management
program.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
31134. Requirement for registration and Department of Transportation
number.
* * * * * * *
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS
* * * * * * *
[Sec. 31102. Grants to States
[(a) General Authority.--Subject to this section and the
availability of amounts, the Secretary of Transportation may
make grants to States for the development or implementation of
programs for improving motor carrier safety and the enforcement
of regulations, standards, and orders of the United States
Government on commercial motor vehicle safety, hazardous
materials transportation safety, and compatible State
regulations, standards, and orders.
[(b) State Plan Procedures and Contents.--(1) The Secretary
shall prescribe procedures for a State to submit a plan under
which the State agrees to assume responsibility for improving
motor carrier safety and to adopt and enforce regulations,
standards, and orders of the Government on commercial motor
vehicle safety, hazardous materials transportation safety, or
compatible State regulations, standards, and orders. The
Secretary shall approve the plan if the Secretary decides the
plan is adequate to promote the objectives of this section and
the plan--
[(A) implements performance-based activities,
including deployment of technology to enhance the
efficiency and effectiveness of commercial motor
vehicle safety programs;
[(B) designates the State motor vehicle safety agency
responsible for administering the plan throughout the
State;
[(C) contains satisfactory assurances the agency has
or will have the legal authority, resources, and
qualified personnel necessary to enforce the
regulations, standards, and orders;
[(D) contains satisfactory assurances the State will
devote adequate amounts to the administration of the
plan and enforcement of the regulations, standards, and
orders;
[(E) provides that the total expenditure of amounts
of the State and its political subdivisions (not
including amounts of the Government) for commercial
motor vehicle safety programs for enforcement of
commercial motor vehicle size and weight limitations,
drug interdiction, and State traffic safety laws and
regulations under subsection (c) of this section will
be maintained at a level at least equal to the average
level of that expenditure for the 3 full fiscal years
beginning after October 1 of the year 5 years prior to
the beginning of each Government fiscal year.
[(F) provides a right of entry and inspection to
carry out the plan;
[(G) provides that all reports required under this
section be submitted to the agency and that the agency
will make the reports available to the Secretary on
request;
[(H) provides that the agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations the
Secretary prescribes;
[(I) requires registrants of commercial motor
vehicles to make a declaration of knowledge of
applicable safety regulations, standards, and orders of
the Government and the State;
[(J) provides that the State will grant maximum
reciprocity for inspections conducted under the North
American Inspection Standard through the use of a
nationally accepted system that allows ready
identification of previously inspected commercial motor
vehicles;
[(K) ensures that activities described in subsection
(c)(1) of this section, if financed with grants under
subsection (a) of this section, will not diminish the
effectiveness of the development and implementation of
commercial motor vehicle safety programs described in
subsection (a);
[(L) ensures that the State agency will coordinate
the plan, data collection, and information systems with
State highway safety programs under title 23;
[(M) ensures participation in SAFETYNET and other
information systems by all appropriate jurisdictions
receiving funding under this section;
[(N) ensures that information is exchanged among the
States in a timely manner;
[(O) provides satisfactory assurances that the State
will undertake efforts that will emphasize and improve
enforcement of State and local traffic safety laws and
regulations related to commercial motor vehicle safety;
[(P) provides satisfactory assurances that the State
will promote activities in support of national
priorities and performance goals, including--
[(i) activities aimed at removing impaired
commercial motor vehicle drivers from the
highways of the United States through adequate
enforcement of regulations on the use of
alcohol and controlled substances and by
ensuring ready roadside access to alcohol
detection and measuring equipment;
[(ii) activities aimed at providing an
appropriate level of training to State motor
carrier safety assistance program officers and
employees on recognizing drivers impaired by
alcohol or controlled substances; and
[(iii) interdiction activities affecting the
transportation of controlled substances by
commercial motor vehicle drivers and training
on appropriate strategies for carrying out
those interdiction activities;
[(Q) provides that the State has established a
program to ensure that--
[(i) accurate, complete, and timely motor
carrier safety data is collected and reported
to the Secretary; and
[(ii) the State will participate in a
national motor carrier safety data correction
system prescribed by the Secretary;
[(R) ensures that the State will cooperate in the
enforcement of registration requirements under section
13902 and financial responsibility requirements under
sections 13906, 31138, and 31139 and regulations issued
thereunder;
[(S) ensures consistent, effective, and reasonable
sanctions;
[(T) ensures that roadside inspections will be
conducted at a location that is adequate to protect the
safety of drivers and enforcement personnel;
[(U) provides that the State will include in the
training manual for the licensing examination to drive
a noncommercial motor vehicle and a commercial motor
vehicle, information on best practices for driving
safely in the vicinity of noncommercial and commercial
motor vehicles;
[(V) provides that the State will enforce the
registration requirements of section 13902 by
prohibiting the operation of any vehicle discovered to
be operated by a motor carrier without a registration
issued under such section or to operate beyond the
scope of such registration;
[(W) provides that the State will conduct
comprehensive and highly visible traffic enforcement
and commercial motor vehicle safety inspection programs
in high-risk locations and corridors; and
[(X) except in the case of an imminent or obvious
safety hazard, ensures that an inspection of a vehicle
transporting passengers for a motor carrier of
passengers is conducted at a station, terminal, border
crossing, maintenance facility, destination, or other
location where a motor carrier may make a planned stop.
[(2) If the Secretary disapproves a plan under this
subsection, the Secretary shall give the State a written
explanation and allow the State to modify and resubmit the plan
for approval.
[(3) In estimating the average level of State expenditure
under paragraph (1)(E) of this subsection, the Secretary--
[(A) may allow the State to exclude State
expenditures for Government-sponsored demonstration or
pilot programs; and
[(B) shall require the State to exclude Government
amounts and State matching amounts used to receive
Government financing under subsection (a) of this
section.
[(c) Use of Grants To Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a)--
[(1) for the following activities if the activities
are carried out in conjunction with an appropriate
inspection of the commercial motor vehicle to enforce
Government or State commercial motor vehicle safety
regulations:
[(A) enforcement of commercial motor vehicle
size and weight limitations at locations other
than fixed weight facilities, at specific
locations such as steep grades or mountainous
terrains where the weight of a commercial motor
vehicle can significantly affect the safe
operation of the vehicle, or at ports where
intermodal shipping containers enter and leave
the United States; and
[(B) detection of the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of
any occupant (including the operator) of the
vehicle; and
[(2) for documented enforcement of State traffic laws
and regulations designed to promote the safe operation
of commercial motor vehicles, including documented
enforcement of such laws and regulations relating to
noncommercial motor vehicles when necessary to promote
the safe operation of commercial motor vehicles if the
number of motor carrier safety activities (including
roadside safety inspections) conducted in the State is
maintained at a level at least equal to the average
level of such activities conducted in the State in
fiscal years 2003, 2004, and 2005; except that the
State may not use more than 5 percent of the basic
amount the State receives under the grant under
subsection (a) for enforcement activities relating to
noncommercial motor vehicles described in this
paragraph unless the Secretary determines a higher
percentage will result in significant increases in
commercial motor vehicle safety.
[(d) Continuous Evaluation of Plans.--On the basis of reports
submitted by a State motor vehicle safety agency of a State
with a plan approved under this section and the Secretary's own
investigations, the Secretary shall make a continuing
evaluation of the way the State is carrying out the plan. If
the Secretary finds, after notice and opportunity for comment,
the State plan previously approved is not being followed or has
become inadequate to ensure enforcement of the regulations,
standards, or orders, the Secretary shall withdraw approval of
the plan and notify the State. The plan stops being effective
when the notice is received. A State adversely affected by the
withdrawal may seek judicial review under chapter 7 of title 5.
Notwithstanding the withdrawal, the State may retain
jurisdiction in administrative or judicial proceedings begun
before the withdrawal if the issues involved are not related
directly to the reasons for the withdrawal.
[(e) Annual Report.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate an annual report that--
[(1) analyzes commercial motor vehicle safety trends
among the States and documents the most effective
commercial motor vehicle safety programs implemented
with grants under this section; and
[(2) describes the effect of activities carried out
with grants made under this section on commercial motor
vehicle safety.]
Sec. 31102. Motor carrier safety assistance program
(a) General Authority.--The Secretary of Transportation shall
administer a motor carrier safety assistance program to assist
States with--
(1) the development or implementation of programs for
improving motor carrier safety; and
(2) the enforcement of Federal regulations,
standards, and orders (and compatible State
regulations, standards, and orders) on--
(A) commercial motor vehicle safety; and
(B) hazardous materials transportation
safety.
(b) State Plans.--
(1) Procedures.--The Secretary shall prescribe
procedures for a State to participate in the program,
including procedures under which the State shall submit
a plan, in writing, to the Secretary in which the State
agrees--
(A) to assume responsibility for improving
motor carrier safety in the State; and
(B) to adopt and enforce Federal regulations,
standards, and orders (and compatible State
regulations, standards, and orders) on--
(i) commercial motor vehicle safety;
and
(ii) hazardous materials
transportation safety.
(2) Contents.--A plan submitted by a State under
paragraph (1) shall--
(A) provide for implementation of
performance-based activities, including
deployment of technology, to enhance the
efficiency and effectiveness of commercial
motor vehicle safety programs;
(B) provide for implementation of a border
commercial motor vehicle safety program and
related enforcement activities if the State
shares a land border with another country;
(C) designate a State motor vehicle safety
agency (in this paragraph referred to as the
``designated State agency'') responsible for
administering the plan throughout the State;
(D) provide satisfactory assurances that the
designated State agency has or will have the
legal authority, resources, and qualified
personnel necessary to enforce the regulations,
standards, and orders;
(E) provide satisfactory assurances that the
State will devote adequate amounts to the
administration of the plan and enforcement of
the regulations, standards, and orders;
(F) provide a right of entry and inspection
to carry out the plan;
(G) provide that all reports required under
this section be submitted to the designated
State agency and that the designated State
agency will make the reports available to the
Secretary on request;
(H) provide that the designated State agency
will adopt the reporting requirements and use
the forms for recordkeeping, inspections, and
investigations the Secretary prescribes;
(I) require registrants of commercial motor
vehicles to make a declaration of knowledge of
applicable safety regulations, standards, and
orders of the Government and the State;
(J) provide that the State will grant maximum
reciprocity for inspections conducted under the
North American Inspection Standard through the
use of a nationally accepted system that allows
ready identification of previously inspected
commercial motor vehicles;
(K) ensure that activities described in
subsection (f)(3)(B), if financed with grants
under this section, will not diminish the
effectiveness of the development and
implementation of commercial motor vehicle
safety programs described in subsection (a);
(L) ensure that the designated State agency
will coordinate the plan, data collection, and
information systems with State highway safety
programs under title 23;
(M) ensure participation in appropriate
Federal Motor Carrier Safety Administration
information systems and other information
systems by all appropriate jurisdictions
receiving funding under this section;
(N) provide satisfactory assurances that the
State is willing and able to exchange
information with other States in a timely
manner;
(O) provide satisfactory assurances that the
State will undertake efforts that will
emphasize and improve enforcement of State and
local traffic safety laws and regulations
related to commercial motor vehicle safety;
(P) provide satisfactory assurances that the
State will promote activities in support of
national priorities, including--
(i) activities aimed at removing
impaired commercial motor vehicle
drivers from the highways of the United
States--
(I) through adequate
enforcement of regulations on
the use of alcohol and
controlled substances; and
(II) by ensuring ready
roadside access to alcohol
detection and measuring
equipment;
(ii) activities aimed at providing an
appropriate level of training to State
motor carrier safety assistance program
officers and employees on recognizing
drivers impaired by alcohol or
controlled substances; and
(iii) interdiction activities
affecting the transportation of
controlled substances by commercial
motor vehicle drivers and training on
appropriate strategies for carrying out
those interdiction activities;
(Q) provide satisfactory assurances that the
State has established a program to ensure
that--
(i) accurate, complete, and timely
motor carrier safety data is collected
and reported to the Secretary; and
(ii) the State will participate in a
national motor carrier safety data
correction system prescribed by the
Secretary;
(R) ensure that the State will cooperate in
the enforcement of financial responsibility
requirements under sections 13906, 31138, and
31139 and regulations issued thereunder;
(S) ensure consistent, effective, and
reasonable sanctions;
(T) ensure that roadside inspections will be
conducted at a location that is adequate to
protect the safety of drivers and enforcement
personnel;
(U) provide satisfactory assurances that the
State will include, in the training manual for
the licensing examination to drive a
noncommercial motor vehicle and a commercial
motor vehicle, information on best practices
for driving safely in the vicinity of
noncommercial and commercial motor vehicles;
(V) provide satisfactory assurances that the
State will enforce the registration
requirements of sections 13902 and 31134 by
prohibiting the operation of any vehicle
discovered to be operated by a motor carrier--
(i) without a registration issued
under such sections; or
(ii) beyond the scope of such
registration;
(W) provide satisfactory assurances that the
State will conduct comprehensive and highly
visible traffic enforcement and commercial
motor vehicle safety inspection programs in
high-risk locations and corridors; and
(X) provide for implementation of activities
to monitor the safety performance of motor
carriers of passengers, including inspections
of commercial motor vehicles designed or used
to transport passengers; except that roadside
inspections must be conducted at a station,
terminal, border crossing, maintenance
facility, destination, or other location where
a motor carrier may make a planned stop, except
in the case of an imminent or obvious safety
hazard.
(3) Maintenance of effort.--
(A) In general.--A plan submitted by a State
under this subsection shall provide that the
total expenditure of amounts of the State and
political subdivisions of the State (not
including amounts of the United States) for
commercial motor vehicle safety programs and
for enforcement of commercial motor vehicle
size and weight limitations, drug interdiction,
and State traffic safety laws and regulations
under subsection (f) will be maintained at a
level at least equal to the average level of
that expenditure for the 3 most recent fiscal
years ending before the date of enactment of
the Motor Carrier Safety, Efficiency, and
Accountability Act of 2012.
(B) Calculating state expenditures.--In
calculating the average level of State
expenditure, the Secretary--
(i) may allow the State to exclude
State expenditures for Government-
sponsored demonstration or pilot
programs; and
(ii) shall require the State to
exclude Government amounts.
(c) Guidance and Standards.--
(1) In general.--Not later than October 1, 2013, the
Secretary shall--
(A) develop guidance on the effectiveness of
specific enforcement and related activities in
generating reductions in fatalities and crashes
involving commercial motor vehicles; and
(B) publish standards for data timeliness,
accuracy, and completeness that will allow
States to meet the objectives of this section
and that are consistent with the standards
issued under section 31106(a)(4).
(2) Optimization of allocations.--The Secretary shall
develop a tool for States to optimize allocations of
motor carrier safety resources to carry out enforcement
and related activities to meet the objectives of this
section.
(3) Updates of guidance.--The Secretary shall update
the guidance issued under paragraph (1)(A) periodically
to reflect new information.
(d) Performance Measures.--
(1) State targets.--For fiscal year 2014, and each
fiscal year thereafter, each State, in the plan
submitted by that State under subsection (b), shall--
(A) establish targets, in quantifiable
metrics, for enforcement activities, data
quality, and other benchmarks to reduce
fatalities and crashes involving commercial
motor vehicles;
(B) select target activities in accordance
with the Secretary's latest guidance to ensure
States pursue activities likely to generate
maximum fatality and crash reduction; and
(C) meet the standards for data published by
the Secretary under subsection (c)(1)(B).
(2) Annual updates of state plans.--A State shall--
(A) update its plan under subsection (b)
annually to establish targets for the following
fiscal year; and
(B) submit the updated plan to the Secretary.
(3) Requirements for targets.--If a State receives an
increase in grant funds under this section in a fiscal
year as compared to the previous fiscal year, the
targets established by the State under paragraph (1)
for the fiscal year shall exceed the levels achieved by
the State in the previous fiscal year.
(4) State reports.--
(A) Information on fatalities and crashes
involving commercial motor vehicles.--Under the
motor carrier safety assistance program, a
State shall report to the Secretary the number
and rate of fatalities and crashes involving
commercial motor vehicles occurring in the
State in the previous fiscal year.
(B) Other information.--A State shall include
in the report required under subparagraph (A)
information on commercial motor vehicles
registered in the State and involved in crashes
in such fiscal year and any other information
requested by the Secretary.
(5) Assessments.--As part of the annual plan approval
process under subsection (e), the Secretary shall
assess whether--
(A) a State met its targets in the previous
fiscal year; and
(B) targeted activities are reducing
fatalities and crashes involving commercial
motor vehicles.
(e) Plan Review.--
(1) Approval process.--Before distributing grant
funds under subsection (f) in a fiscal year, the
Secretary shall--
(A) review each State plan submitted to the
Secretary under subsection (b), as updated by
the State under subsection (d); and
(B)(i) approve the plan if the Secretary
determines that the plan is adequate to promote
the objectives of this section; or
(ii) disapprove the plan.
(2) Resubmittal.--If the Secretary disapproves a plan
under this subsection, the Secretary shall--
(A) give the State a written explanation; and
(B) allow the State to modify and resubmit
the plan for approval.
(3) Continuous evaluation of plans.--
(A) In general.--On the basis of reports
submitted by the motor vehicle safety agency of
a State with a plan approved under this
subsection and the Secretary's own
investigations, the Secretary shall make a
continuing evaluation of the way the State is
carrying out the plan.
(B) Withdrawal of approval.--
(i) In general.--If the Secretary
finds, after notice and opportunity for
comment, a State plan previously
approved under this subsection is not
being followed or has become inadequate
to ensure enforcement of the
regulations, standards, or orders, the
Secretary shall withdraw approval of
the plan and notify the State.
(ii) Effective date.--The plan shall
not be effective beginning on the date
the notice is received.
(iii) Judicial review.--A State
adversely affected by a withdrawal
under this subparagraph may seek
judicial review under chapter 7 of
title 5.
(C) Administrative and judicial
proceedings.--Notwithstanding a withdrawal of
approval of a State plan under this paragraph,
the State may retain jurisdiction in
administrative or judicial proceedings begun
before the date of the withdrawal if the issues
involved are not related directly to the
reasons for the withdrawal.
(f) Grants to States.--
(1) In general.--Subject to the availability of
funds, the Secretary shall make grants to States for
the development or implementation of programs under
this section in accordance with paragraph (3).
(2) Eligibility.--
(A) In general.--A State shall be eligible
for a grant under this subsection in a fiscal
year in an amount equal to the State's
allocated amount determined under section
31104(f) if the State has in effect a State
plan under subsection (b) that has been
approved by the Secretary under subsection (e)
for that fiscal year.
(B) Withholding of funds.--In the case of a
State that does not meet the requirements of
subparagraph (A) in a fiscal year, the
Secretary may withhold grant funds from a
State's allocated amount determined under
section 31104(f) for that fiscal year as
follows:
(i) The Secretary may withhold up to
25 percent of such funds if the State
had a plan approved under subsection
(e) for the fiscal year preceding the
fiscal year of the grant, but has not
had a plan approved under subsection
(e) for the fiscal year of the grant.
(ii) The Secretary may withhold up to
50 percent of such funds if the State
had a plan approved under subsection
(e) for the second fiscal year
preceding the fiscal year of the grant,
but has not had a plan approved under
subsection (e) for the fiscal year of
the grant and the preceding fiscal
year.
(iii) The Secretary may withhold up
to 75 percent of such funds if the
State had a plan approved under
subsection (e) for the third fiscal
year preceding the fiscal year of the
grant, but has not had a plan approved
under subsection (e) for the fiscal
year of the grant and the 2 preceding
fiscal years.
(iv) The Secretary may withhold 100
percent of such funds if the State has
not had a plan approved under
subsection (e) for the fiscal year of
the grant and the 3 preceding fiscal
years.
(C) Subsequent availability of withheld
funds.--The Secretary shall make available to a
State the grant funds withheld from the State
for a fiscal year under subparagraph (B) if the
Secretary approves the State's plan under
subsection (e) on or before the last day of
that fiscal year.
(D) Reallocation of withheld funds.--If the
Secretary withholds grant funds from a State
for a fiscal year under subparagraph (B), and
the State does not have a plan approved under
subsection (e) on or before the last day of
that fiscal year, such funds shall be released
to the Secretary for reallocation among the
States under section 31104(f) in the following
fiscal year.
(3) Use of grant funds.--
(A) In general.--A State receiving a grant
under this subsection shall use the grant funds
for activities to further the State's plan
under subsection (b).
(B) Use of grants to enforce other laws.--
Subject to subparagraph (C), a State may use
grant funds received under this subsection--
(i) if carried out in conjunction
with an appropriate inspection of a
commercial motor vehicle to enforce
Federal or State commercial motor
vehicle safety regulations, for--
(I) enforcement of commercial
motor vehicle size and weight
limitations at locations other
than fixed weight facilities,
at specific locations such as
steep grades or mountainous
terrains where the weight of a
commercial motor vehicle can
significantly affect the safe
operation of the vehicle, or at
ports where intermodal shipping
containers enter and leave the
United States; and
(II) detection of the
unlawful presence of a
controlled substance (as
defined under section 102 of
the Comprehensive Drug Abuse
Prevention and Control Act of
1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on
the person of any occupant
(including the operator) of the
vehicle; and
(ii) for documented enforcement of
State traffic laws and regulations
designed to promote the safe operation
of commercial motor vehicles, including
documented enforcement of such laws and
regulations relating to noncommercial
motor vehicles when necessary to
promote the safe operation of
commercial motor vehicles.
(C) Limitations.--
(i) Effect on commercial motor
vehicle safety programs.--A State may
use grant funds received under this
subsection for an activity described in
subparagraph (B) only if the activity
will not diminish the effectiveness of
commercial motor vehicle safety
programs described in subsection (a).
(ii) Enforcement activities relating
to noncommercial motor vehicles.--A
State may not use more than 5 percent
of the total amount of grants received
by the State under this subsection in a
fiscal year for enforcement activities
relating to noncommercial motor
vehicles described in subparagraph
(B)(ii) unless the Secretary determines
a higher percentage will result in
significant increases in commercial
motor vehicle safety.
(g) Annual Report.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report that--
(1) analyzes commercial motor vehicle safety trends
among the States and documents the most effective
commercial motor vehicle safety programs implemented
with grants under this section;
(2) describes the effect of activities carried out
with grants made under this section on commercial motor
vehicle safety; and
(3) documents the number and rate of fatalities and
crashes involving commercial motor vehicles by State.
Sec. 31103. United States Government's share of costs
(a) Commercial Motor Vehicle Safety Programs and
Enforcement.--The Secretary of Transportation shall reimburse a
State, from a grant made under this subchapter, an amount that
is not more than 80 percent of the costs incurred by the State
in a fiscal year in developing and implementing programs to
improve commercial motor vehicle safety and enforce commercial
motor vehicle regulations, standards, or orders adopted under
this subchapter or subchapter II of this chapter. In
determining those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the State and its
political subdivisions required to be expended under [section
31102(b)(1)(E) of this title] section 31102(b)(3) may not be
included as part of the share not provided by the United States
Government. Amounts generated under the unified carrier
registration agreement under section 14504a and received by a
State and used for motor carrier safety purposes may be
included as part of the State's share not provided by the
United States. The Secretary may allocate among the States
whose applications for grants have been approved those amounts
appropriated for grants to support those programs, under
criteria that may be established.
[(b) Other Activities.--The Secretary may reimburse State
agencies, local governments, or other persons up to 100 percent
for public education activities authorized by section
31104(f)(2).]
(b) New Entrant Motor Carrier Safety Reviews.--
(1) Increase in share of costs.--Subject to paragraph
(2), the Secretary may reimburse a State an amount that
is up to 100 percent of the costs incurred by the State
in a fiscal year for new entrant motor carrier safety
reviews conducted under section 31144(g).
(2) Limitation.--The increased Federal share provided
under paragraph (1) shall apply with respect to
reimbursements of costs described in paragraph (1) made
using not more than 20 percent of the funds allocated
to a State under section 31104(f) for a fiscal year.
Any such reimbursements made using an amount in excess
of 20 percent of such funds shall be subject to the
cost-sharing requirements of subsection (a).
Sec. 31104. Availability of amounts
[(a) In General.--Subject to subsection (f), there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out section
31102--
[(1) $188,480,000 for fiscal year 2005;
[(2) $188,000,000 for fiscal year 2006;
[(3) $197,000,000 for fiscal year 2007;
[(4) $202,000,000 for fiscal year 2008;
[(5) $209,000,000 for fiscal year 2009;
[(6) $209,000,000 for fiscal year 2010;
[(7) $209,000,000 for fiscal year 2011; and
[(8) $212,000,000 for fiscal year 2012.]
(a) In General.--Subject to subsection (f), there is
authorized to be appropriated from the Highway Trust Fund
(other than the Alternative Transportation Account) to carry
out section 31102 $247,000,000 for each of fiscal years 2013
through 2016.
* * * * * * *
[(e) Deduction for Administrative Expenses.--On October 1 of
each fiscal year or as soon after that date as practicable, the
Secretary may deduct, from amounts made available under
subsection (a) of this section for that fiscal year, not more
than 1.25 percent of those amounts for administrative expenses
incurred in carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75 percent of
those deducted amounts to train non-Government employees and to
develop related training materials in carrying out section
31102.
[(f) Allocation Criteria and Eligibility.--On October 1 of
each fiscal year or as soon after that date as practicable and
after making the deduction under subsection (e), the Secretary
shall allocate amounts made available to carry out section
31102 for such fiscal year among the States with plans approved
under section 31102. Such allocation shall be made under such
criteria as the Secretary prescribes by regulation.]
(e) Deduction for Administrative Expenses.--
(1) In general.--On October 1 of each fiscal year (or
as soon after that date as practicable), the Secretary
may deduct, from amounts made available under
subsection (a) for that fiscal year, not more than 1.25
percent of those amounts for administrative expenses
incurred in carrying out section 31102 in that fiscal
year.
(2) Training.--The Secretary shall use at least 75
percent of the amounts deducted under paragraph (1) to
train non-Government employees and to develop related
training materials in carrying out section 31102.
(f) Allocation Criteria.--
(1) In general.--On October 1 of each fiscal year (or
as soon after that date as practicable) and after
making the deduction under subsection (e), the
Secretary shall allocate amounts made available to
carry out section 31102 for such fiscal year among the
States that are eligible for grant funds under section
31102(f)(2).
(2) Allocation formula.--The amounts made available
to carry out section 31102 shall be allocated among the
States in the following manner:
(A) 20 percent in the ratio that--
(i) the total public road mileage in
each State; bears to
(ii) the total public road mileage in
all States.
(B) 20 percent in the ratio that--
(i) the total vehicle miles traveled
in each State; bears to
(ii) the total vehicle miles traveled
in all States.
(C) 20 percent in the ratio that--
(i) the total population of each
State (as shown in the annual census
estimates issued by the Bureau of the
Census); bears to
(ii) the total population of all
States (as shown in the annual census
estimates issued by the Bureau of the
Census).
(D) 20 percent in the ratio that--
(i) the total special fuel
consumption (net after reciprocity
adjustment) in each State (as
determined by the Secretary); bears to
(ii) the total special fuel
consumption (net after reciprocity
adjustment) in all States (as
determined by the Secretary).
(E) 10 percent only to those States that
share a land border with another country and
conduct border commercial motor vehicle safety
programs and related activities (in this
subparagraph referred to as a ``border
State''), with--
(i) 70 percent of such amount to be
allocated among border States in the
ratio that--
(I) the total number of
international commercial motor
vehicle inspections conducted
within the boundaries of each
border State (as determined by
the Secretary); bears to
(II) the total number of
international commercial motor
vehicle inspections conducted
within the boundaries of all
border States (as determined by
the Secretary); and
(ii) 30 percent of such amount to be
allocated among border States in the
ratio that--
(I) the total number of land
border crossing locations with
State-maintained commercial
motor vehicle safety
enforcement infrastructure
within the boundaries of each
border State (as determined by
the Secretary); bears to
(II) the total number of land
border crossing locations with
State-maintained commercial
motor vehicle safety
enforcement infrastructure
within the boundaries of all
border States (as determined by
the Secretary).
(F) 10 percent only to those States that
reduce the rate of large truck-involved fatal
accidents in the State for the most recent
calendar year for which data are available when
compared to the average rate of large truck-
involved fatal accidents in the State for the
10-year period ending on the last day preceding
that calendar year (in this subparagraph
referred to as an ``eligible State''), with--
(i) 25 percent of such amount to be
allocated among eligible States in the
ratio that--
(I) the total public road
mileage in each eligible State;
bears to
(II) the total public road
mileage in all eligible States;
(ii) 25 percent of such amount to be
allocated among eligible States in the
ratio that--
(I) the total vehicle miles
traveled in each eligible
State; bears to
(II) the total vehicle miles
traveled in all eligible
States;
(iii) 25 percent of such amount to be
allocated among eligible States in the
ratio that--
(I) the total population of
each eligible State (as shown
in the annual census estimates
issued by the Bureau of the
Census); bears to
(II) the total population of
all eligible States (as shown
in the annual census estimates
issued by the Bureau of the
Census); and
(iv) 25 percent of such amount to be
allocated among eligible States in the
ratio that--
(I) the total special fuel
consumption (net after
reciprocity adjustment) in each
eligible State (as determined
by the Secretary); bears to
(II) the total special fuel
consumption (net after
reciprocity adjustment) in all
eligible States (as determined
by the Secretary).
(3) Maximum and minimum allocations.--
(A) Maximum allocation.--The allocation under
subparagraphs (A) through (D) of paragraph (2)
for a fiscal year to each State (excluding the
Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands) shall be not greater
than 4.944 percent of the total allocation
under those subparagraphs in that fiscal year.
(B) Minimum allocation.--The allocation under
paragraph (2) for a fiscal year to each State
(excluding the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands) shall
be not less than 0.44 percent of the total
allocation under that paragraph in that fiscal
year.
(C) Allocation to territories.--The annual
allocation to each of the Virgin Islands,
American Samoa, Guam, and the Northern Mariana
Islands shall be $350,000.
* * * * * * *
(i) Administrative Expenses.--
[(1) Authorization of appropriations.--There are
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) for the
Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety
Administration--
[(A) $254,849,000 for fiscal year 2005;
[(B) $213,000,000 for fiscal year 2006;
[(C) $223,000,000 for fiscal year 2007;
[(D) $228,000,000 for fiscal year 2008;
[(E) $234,000,000 for fiscal year 2009;
[(F) $239,828,000 for fiscal year 2010;
[(G) $244,144,000 for fiscal year 2011; and
[(H) $244,144,000 for fiscal year 2012.]
(1) Authorization of appropriations.--There is
authorized to be appropriated from the Highway Trust
Fund (other than the Alternative Transportation
Account) for the Secretary of Transportation to pay
administrative expenses of the Federal Motor Carrier
Safety Administration $244,144,000 for each of fiscal
years 2013 through 2016.
* * * * * * *
(3) Outreach and education.--
(A) In general.--Using the funds authorized
by this subsection, the Secretary shall conduct
an outreach and education program to be
administered by the Administrator of the
Federal Motor Carrier Safety Administration in
cooperation with the Administrator of the
National Highway Traffic Safety Administration.
(B) Program elements.--The program shall
include, at a minimum, the following:
(i) A program to promote a more
comprehensive and national effort to
educate commercial motor vehicle
operators and passenger vehicle drivers
about how such operators and drivers
can more safely share the road with
each other.
(ii) A program to promote enhanced
traffic enforcement efforts aimed at
reducing the incidence of the most
common unsafe driving behaviors that
cause or contribute to crashes
involving commercial motor vehicles and
passenger vehicles.
(iii) A program to establish a
public-private partnership to provide
resources and expertise for the
development and dissemination of
information relating to sharing the
road referred to in clauses (i) and
(ii) to each partner's constituents and
to the general public through the use
of brochures, videos, paid and public
advertisements, the Internet, and other
media.
* * * * * * *
[(k) High-Priority Activities.--
[(1) Criteria.--The Secretary shall establish safety
performance criteria to be used to distribute high
priority program funds under this subsection.
[(2) Set aside.--The Secretary may set aside from
amounts made available by subsection (a) up to
$15,000,000 for each of fiscal years 2006 through 2012
for States, local governments, and organizations
representing government agencies or officials described
in paragraph (3) for carrying out high priority
activities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
vehicle safety regulations (including activities and
projects that are national in scope), increase public
awareness and education, demonstrate new technologies,
and reduce the number and rate of accidents involving
commercial motor vehicles.
[(3) Description of recipients.--Amounts set aside
under this subsection shall be allocated by the
Secretary only to State agencies, local governments,
and organizations representing government agencies or
officials that use and train qualified officers and
employees in coordination with State motor vehicle
safety agencies.
[(4) Limitation.--At least 90 percent of the amounts
set aside for a fiscal year under this subsection shall
be awarded in grants to State agencies and local
government agencies.]
* * * * * * *
Sec. 31106. Information systems
(a) Information Systems and Data Analysis.--
(1) * * *
* * * * * * *
(3) Data analysis capacity and programs.--The
Secretary shall develop and maintain under this section
data analysis capacity and programs that provide the
means to--
(A) * * *
* * * * * * *
(F) ensure, to the maximum extent practical,
all the data is complete, timely, and accurate
across all information systems and initiatives;
[and]
(G) establish and implement a national motor
carrier safety data correction system[.]; and
(H) determine whether a motor carrier is or
has been related, through common stock, common
ownership, common control, common management,
or common familial relationship to any other
motor carrier.
* * * * * * *
[(b) Performance and Registration Information Program.--
[(1) Information clearinghouse.--The Secretary]
(b) Information Clearinghouse.--The Secretary shall include,
as part of the motor carrier information system authorized by
this section, a program to establish and maintain a
clearinghouse and repository of information related to State
registration and licensing of commercial motor vehicles, the
registrants of such vehicles, and the motor carriers operating
such vehicles. The clearinghouse and repository may include
information on the safety fitness of each of the motor carriers
and registrants and other information the Secretary considers
appropriate, including information on motor carrier, commercial
motor vehicle, and driver safety performance.
[(2) Design.--The program shall link Federal motor
carrier safety information systems with State
commercial vehicle registration and licensing systems
and shall be designed to enable a State to--
[(A) determine the safety fitness of a motor
carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect;
and
[(B) deny, suspend, or revoke the commercial
motor vehicle registrations of a motor carrier
or registrant that has been issued an
operations out-of-service order by the
Secretary.
[(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
[(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4);
[(B) possess or seek the authority to possess
for a time period no longer than determined
reasonable by the Secretary, to impose
sanctions relating to commercial motor vehicle
registration on the basis of a Federal safety
fitness determination; and
[(C) establish and implement a process to
cancel the motor vehicle registration and seize
the registration plates of a vehicle when an
employer is found liable under section
31310(i)(2)(C) for knowingly allowing or
requiring an employee to operate such a
commercial motor vehicle in violation of an
out-of-service order.
[(4) Grants.--From the funds authorized by section
31104(i), the Secretary may make a grant in a fiscal
year to a State to implement the performance and
registration information system management requirements
of this subsection.]
* * * * * * *
[Sec. 31107. Border enforcement grants
[(a) General Authority.--The Secretary of Transportation may
make a grant in a fiscal year to an entity or State that shares
a land border with another country for carrying out border
commercial motor vehicle safety programs and related
enforcement activities and projects.
[(b) Maintenance of Expenditures.--The Secretary may make a
grant to a State under this section only if the State agrees
that the total expenditure of amounts of the State and
political subdivisions of the State, exclusive of amounts from
the United States, for carrying out border commercial motor
vehicle safety programs and related enforcement activities and
projects will be maintained at a level at least equal to the
average level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years of the
State or the Federal Government ending before October 1, 2005,
whichever the State designates.
[(c) Governments Share of Costs.--The Secretary shall
reimburse a State under a grant made under this section an
amount that is not more than 100 percent of the costs incurred
by the State in a fiscal year for carrying out border
commercial motor vehicle safety programs and related
enforcement activities and projects.
[(d) Availability and Reallocation of Amounts.--Allocations
to a State remain available for expenditure in the State for
the fiscal year in which they are allocated and for the next
fiscal year. Amounts not expended by a State during those 2
fiscal years are available to the Secretary for reallocation
under this section.]
* * * * * * *
[Sec. 31109. Performance and registration information system management
[The Secretary of Transportation may make a grant to a State
to implement the performance and registration information
system management requirements of section 31106(b).]
Sec. 31109. Performance and registration information systems management
program
(a) In General.--The Secretary shall carry out a performance
and registration information systems management program to link
Federal motor carrier safety information systems with State
commercial vehicle registration and licensing systems as part
of the motor carrier information system established under
section 31106.
(b) Design.--The program shall enable a State to--
(1) determine the safety fitness of a motor carrier
or registrant--
(A) when licensing or registering the motor
carrier or registrant; or
(B) while the license or registration is in
effect; and
(2) deny, suspend, or revoke the commercial motor
vehicle registration of a motor carrier or registrant
to whom the Secretary has issued an operations out-of-
service order.
(c) Program Participation.--Not later than September 30,
2015, the Secretary shall require a State to participate in the
program by--
(1) complying with the uniform policies, procedures,
and technical and operational standards prescribed by
the Secretary under section 31106(a)(4);
(2) having in effect a law providing the State with
the authority to impose the sanctions described in
paragraph (3)(A) on the basis of an out-of-service
order issued by the Secretary; and
(3) establishing and implementing a process, approved
by the Secretary, to--
(A) deny, suspend, or revoke the vehicle
registration or seize the registration plates
of a commercial motor vehicle registered to a
motor carrier to whom the Secretary has issued
an out-of-service order; and
(B) reinstate the vehicle registration or
return the registration plates of the
commercial motor vehicle subject to sanctions
under subparagraph (A) if the Secretary permits
such carrier to resume operations after the
date of issuance of such order.
(d) Funding.--A State may use grant funds made available to
the State under section 4126 of SAFETEA-LU (119 Stat. 1738) for
each of fiscal years 2013 through 2016 to meet the requirements
of this section for participation in the program under
subsection (c).
SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS
Sec. 31111. Length limitations
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(5) Trailer transporter towing unit.--The term
``trailer transporter towing unit'' means a power unit
that is not used to carry property when operating in a
towaway trailer transporter combination.
(6) Towaway trailer transporter combination.--The
term ``towaway trailer transporter combination'' means
a combination of vehicles consisting of a trailer
transporter towing unit and 2 trailers or
semitrailers--
(A) with a total weight that does not exceed
26,000 pounds; and
(B) in which the trailers or semitrailers
carry no property and constitute inventory
property of a manufacturer, distributor, or
dealer of such trailers or semitrailers.
(b) General Limitations.--(1) Except as provided in this
section, a State may not prescribe or enforce a regulation of
commerce that--
[(A) imposes a vehicle length limitation of less than
45 feet on a bus, of less than 48 feet on a semitrailer
operating in a truck tractor-semitrailer combination,
or of less than 28 feet on a semitrailer or trailer
operating in a truck tractor-semitrailer-trailer
combination, on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways (except a
segment exempted under subsection (f) of this section)
and those classes of qualifying Federal-aid Primary
System highways designated by the Secretary of
Transportation under subsection (e) of this section;]
(A) imposes a vehicle length limitation, on any
segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways (except a segment
exempted under subsection (f)) and those classes of
qualifying Federal-aid primary system highways
designated by the Secretary of Transportation under
subsection (e), of--
(i) less than 45 feet on a bus;
(ii) less than 53 feet on a semitrailer
operating in a truck tractor-semitrailer
combination; or
(iii) notwithstanding section 31112, less
than 33 feet on a semitrailer or trailer
operating in a truck tractor-semitrailer-
trailer combination;
* * * * * * *
(E) has the effect of prohibiting the use of an
existing semitrailer or trailer, of not more than 28.5
feet in length, in a truck tractor-semitrailer-trailer
combination if the semitrailer or trailer was operating
lawfully on December 1, 1982, within a 65-foot overall
length limit in any State[; or];
(F) imposes a limitation of less than 46 feet on the
distance from the kingpin to the center of the rear
axle on trailers used exclusively or primarily in
connection with motorsports competition events[.];
(G) imposes a vehicle length limitation of less than
80 feet on a stinger steered automobile transporter
with a rear overhand of less than 6 feet;
(H) has the effect of imposing an overall length
limitation of less than 82 feet on a towaway trailer
transporter combination;
(I) imposes a limitation of less than 46 feet on the
distance from the kingpin to the center of the rear
axle on a trailer used exclusively or primarily for the
transport of livestock; or
(J) has the effect of prohibiting the use of a device
designed by a bus manufacturer to affix to the rear of
an intercity bus purchased after October 1, 2012, for
use in carrying passenger baggage, if the device does
not result in the bus exceeding 47 feet in total
length.
* * * * * * *
Sec. 31114. Access to the Interstate System
(a) Prohibition on Denying Access.--A State may not enact or
enforce a law denying to a commercial motor vehicle subject to
this subchapter or subchapter I of this chapter reasonable
access between--
(1) * * *
(2) terminals, facilities for food, fuel, repairs,
and rest, and points of loading and unloading for
household goods carriers, motor carriers of passengers,
a towaway trailer transporter combination as defined in
section 31111(a), or any truck tractor-semitrailer
combination in which the semitrailer has a length of
not more than 28.5 feet and that generally operates as
part of a vehicle combination described in section
31111(c) of this title.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31134. Requirement for registration and Department of
Transportation number
(a) In General.--An employer or an employee of the employer
may operate a commercial motor vehicle in interstate commerce
only if the Secretary of Transportation registers the employer
under this section and issues the employer a Department of
Transportation number.
(b) Registration.--Upon application for registration and a
Department of Transportation number under this section, the
Secretary shall register the employer if the Secretary
determines that--
(1) the employer is willing and able to comply with
the requirements of this subchapter and chapter 51 if
applicable; and
(2)(A) during the 3-year period before the date of
the filing of the application, the employer was not
related through common stock, common ownership, common
control, common management, or common familial
relationship to any other person subject to safety
regulations under this subchapter who, during such 3-
year period, was unwilling or unable to comply with the
requirements of this subchapter or chapter 51 if
applicable; or
(B) the employer has disclosed to the Secretary any
relationship involving common stock, common ownership,
common control, common management, or common familial
relationship between that person and any other motor
carrier.
(c) Revocation or Suspension.--The Secretary shall revoke or
suspend the registration of an employer issued under subsection
(b) if the Secretary determines that--
(1) the authority of the employer to operate as a
motor carrier, freight forwarder, or broker pursuant to
chapter 139 is revoked or suspended under section
13905(d)(1) or 13905(f); or
(2) the employer has willfully failed to comply with
the requirements for registration set forth in
subsection (b).
(d) Commercial Registration.--An employer registered under
this section may not provide transportation subject to
jurisdiction under subchapter I of chapter 135 unless the
employer is also registered under section 13902 to provide such
transportation.
(e) State Authority.--Nothing in this section shall be
construed as affecting the authority of a State to issue a
Department of Transportation number under State law to a person
operating in intrastate commerce.
Sec. 31135. Duties of employers and employees
(a) * * *
* * * * * * *
(d) Avoiding Compliance.--
(1) In general.--Two or more employers shall not use
common ownership, common management, common control, or
common familial relationship to enable any or all such
employers to avoid compliance, or mask or otherwise
conceal noncompliance, or a history of noncompliance,
with commercial motor vehicle safety regulations issued
under this subchapter or an order of the Secretary
issued under this subchapter or such regulations.
(2) Penalty.--If the Secretary determines that
actions described in the preceding sentence have
occurred, the Secretary shall--
(A) deny, suspend, amend, or revoke all or
part of any such employer's registration under
sections 13905 and 31134; and
(B) take into account such noncompliance for
purposes of determining civil penalty amounts
under section 521(b)(2)(D).
[(d)] (e) Definitions.--In this section, the following
definitions apply:
(1) * * *
* * * * * * *
Sec. 31138. Minimum financial responsibility for transporting
passengers
(a) * * *
* * * * * * *
(e) Nonapplication.--This section does not apply to a motor
vehicle--
(1) * * *
* * * * * * *
(4) providing transportation service within a transit
service area under an agreement with a Federal, State,
or local government funded, in whole or in part, with a
grant under [section 5307, 5310, or 5311] section 5307,
5311, or 5317, including transportation designed and
carried out to meet the special needs of elderly
individuals and individuals with disabilities; except
that, in any case in which the transit service area is
located in more than 1 State, the minimum level of
financial responsibility for such motor vehicle will be
at least the highest level required for any of such
States.
* * * * * * *
Sec. 31142. Inspection of vehicles
(a) * * *
[(b) Inspection of Vehicles and Record Retention.--The
Secretary of Transportation shall prescribe regulations on
Government standards for inspection of commercial motor
vehicles and retention by employers of records of an
inspection. The standards shall provide for annual or more
frequent inspections of a commercial motor vehicle unless the
Secretary finds that another inspection system is as effective
as an annual or more frequent inspection system. Regulations
prescribed under this subsection are deemed to be regulations
prescribed under section 31136 of this title.]
(b) Inspection of Vehicles and Record Retention.--
(1) Regulations on government standards.--The
Secretary of Transportation shall prescribe regulations
on Government standards for inspection of commercial
motor vehicles and retention by employers of records of
such inspections.
(2) Contents of standards.--The standards shall
provide for--
(A) annual or more frequent inspections of a
commercial motor vehicle designed or used to
transport property unless the Secretary finds
that another inspection system is as effective
as an annual or more frequent inspection
system; and
(B) annual or more frequent inspections of a
commercial motor vehicle designed or used to
transport passengers.
(3) Treatment of regulations.--Regulations prescribed
under this subsection shall be treated as regulations
prescribed under section 31136.
(4) Special rules for inspection program.--Any
inspection required under paragraph (2)(B) shall be
conducted by, or under a program established by, the
State in which the vehicle is registered. A roadside
inspection conducted by a State or other jurisdiction
shall not be considered an inspection for the purposes
of meeting the requirements of paragraph (2)(B).
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
(a) * * *
* * * * * * *
(g) [Safety Reviews of New Operators] New Entrant Motor
Carrier Safety Reviews.--
[(1) In general.--The Secretary shall require, by
regulation, each owner and each operator granted new
operating authority, after the date on which section
31148(b) is first implemented, to undergo a safety
review within the first 18 months after the owner or
operator, as the case may be, begins operations under
such authority.]
(1) Safety review.--The Secretary shall require, by
regulation, each owner and operator issued a new
registration under section 13902 or 31134 to undergo a
safety review under this section--
(A) except as provided by subparagraphs (B)
and (C), within the first 18 months after the
date on which the owner or operator begins
operations under such registration;
(B) in the case of an owner or operator with
authority to transport hazardous materials,
within the first 9 months after the date on
which the owner or operator begins operations
under such registration; and
(C) in the case of an owner or operator with
authority to transport passengers, within the
first 90 days after the date on which the owner
or operator begins operations under such
registration.
* * * * * * *
[(4) New entrant authority.--Notwithstanding any
other provision of this title, any new operating
authority granted after the date on which section
31148(b) is first implemented shall be designated as
new entrant authority until the safety review required
by paragraph (1) is completed.
[(5) New entrant audits.--
[(A) Grants.--The Secretary may make grants
to States and local governments for new entrant
motor carrier audits under this subsection
without requiring a matching contribution from
such States and local governments.
[(B) Set aside.--The Secretary shall set
aside from amounts made available by section
31104(a) up to $29,000,000 per fiscal year for
audits of new entrant motor carriers conducted
pursuant to this paragraph.
[(C) Determination.--If the Secretary
determines that a State or local government is
not able to use government employees to conduct
new entrant motor carrier audits, the Secretary
may use the funds set aside under this
paragraph to conduct audits for such States or
local governments.]
(4) New entrant registration.--
(A) In general.--Notwithstanding any other
provision of this title, any new registration
issued under section 13902 or 31134 shall each
be designated as new entrant registration until
the safety review required by paragraph (1) is
completed.
(B) Requirement for issuance of permanent
operating authority.--A new registration issued
to an owner or operator under section 13902 or
31134 shall become permanent after the owner or
operator has passed the safety review required
under paragraph (1).
(5) Funding.--
(A) In general.--A State shall carry out the
requirements of this section with funds
allocated to the State under section 31104(f).
(B) Determination.--If the Secretary
determines that a State or local government is
not able to use government employees to conduct
new entrant motor carrier safety reviews with
funds allocated to the State under section
31104(f), the Secretary may conduct for the
State or local government the safety reviews
that the State or local government is not able
to conduct with such funds.
(h) Safety Reviews of Owners and Operators of Interstate for-
Hire Commercial Motor Vehicles Designed or Used To Transport
Passengers.--
(1) In general.--Not later than September 30, 2015,
the Secretary shall determine the safety fitness of
each owner, and each operator, of a commercial motor
vehicle designed or used to transport passengers who
the Secretary registers, on or before September 30,
2014 (including before the date of enactment of this
subsection), under section 13902 or 31134.
(2) Safety fitness rating.--As part of the safety
fitness determination required by paragraph (1), the
Secretary shall assign a safety fitness rating to each
owner and each operator described in paragraph (1).
(3) Periodic monitoring.--
(A) Process.--The Secretary shall establish a
process, by regulation, for monitoring on a
regular basis the safety performance of an
owner or operator of a commercial motor vehicle
designed or used to transport passengers,
following the assignment of a safety rating to
such owner or operator.
(B) Elements of monitoring and safety
enforcement.--Regulations issued under
subparagraph (A) shall provide for the
following:
(i) Monitoring of the safety
performance, in critical safety areas
(as defined by the Secretary, by
regulation) of an owner or operator of
a commercial motor vehicle designed or
used to transport passengers (including
by activities conducted onsite at the
offices of the owner or operator or
offsite).
(ii) Increasingly more stringent
interventions designed to correct
unsafe practices of an owner or
operator of a commercial motor vehicle
designed or used to transport
passengers.
(iii) Periodic updates to the safety
fitness rating of an owner or operator
if the Secretary determines that such
update will improve the safety
performance of the owner or operator.
(iv) Enforcement action, including
determining that the owner or operator
is not fit and may not operate a
commercial motor vehicle under
subsection (c)(2).
* * * * * * *
Sec. 31149. Medical program
(a) * * *
* * * * * * *
(c) Medical Standards and Requirements.--
(1) In general.--The Secretary, with the advice of
the Medical Review Board and the chief medical
examiner, shall--
(A) * * *
* * * * * * *
[(D) develop, as appropriate, specific
courses and materials for medical examiners
listed in the national registry established
under this section, and require those medical
examiners to, at a minimum, self-certify that
they have completed specific training,
including refresher courses, to be listed in
the registry;]
(D) develop requirements applicable to a
medical examiner in order for the medical
examiner to be listed in the national registry
established under this section, including--
(i) specific courses and materials
that must be completed;
(ii) at a minimum, self-certification
requirements to verify that the medical
examiner has completed specific
training, including refresher courses,
that the Secretary determines are
necessary; and
(iii) an examination developed by the
Secretary for which a passing grade
must be achieved.
(E) require medical examiners to transmit the
name of the applicant and numerical identifier,
as determined by the Administrator of the
Federal Motor Carrier Safety Administration,
for any completed medical examination report
required under section 391.43 of title 49, Code
of Federal Regulations, electronically to the
chief medical examiner on monthly basis; [and]
(F) periodically review a representative
sample of the medical examination reports
associated with the name and numerical
identifiers of applicants transmitted under
subparagraph (E) for errors, omissions, or
other indications of improper certification[.];
and
(G) review each year the implementation of
commercial driver's license requirements of a
minimum of 10 States to assess the accuracy,
validity, and timeliness of--
(i) submission of physical
examination reports and medical
certificates to State licensing
agencies; and
(ii) the processing of such
submissions by State licensing
agencies.
* * * * * * *
CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
Sec.
31301. Definitions.
* * * * * * *
31306a. National clearinghouse for records relating to alcohol and
controlled substances testing.
* * * * * * *
[31313. Grants for commercial driver's license program improvements.]
31313. Grants for commercial driver's license program implementation.
* * * * * * *
Sec. 31306. Alcohol and controlled substances testing
(a) * * *
* * * * * * *
(j) Application of Penalties.--An employer, including an
individual who is self-employed, shall be subject to civil and
criminal penalties in accordance with section 521(b) for a
violation of this section. This section does not supersede a
penalty applicable to an operator of a commercial motor vehicle
under this chapter or another law.
Sec. 31306a. National clearinghouse for records relating to alcohol and
controlled substances testing
(a) Establishment.--
(1) In general.--Subject to the requirements of this
section, the Secretary of Transportation shall
establish and maintain an information system that will
serve as a national clearinghouse for records relating
to the alcohol and controlled substances testing
program applicable to operators of commercial motor
vehicles under section 31306.
(2) Purposes.--The purposes of the clearinghouse
shall be--
(A) to improve compliance with the
requirements of the testing program; and
(B) to help prevent accidents and injuries
resulting from the misuse of alcohol or use of
controlled substances by operators of
commercial motor vehicles.
(3) Contents.--The clearinghouse shall be a
repository of records relating to violations of the
testing program by individuals submitted to the
Secretary in accordance with this section.
(4) Electronic exchange of records.--The Secretary
shall ensure the ability for records to be submitted to
the clearinghouse, and requested from the
clearinghouse, on an electronic basis.
(5) Deadline.--The Secretary shall establish the
clearinghouse not later than 1 year after the date of
enactment of this section.
(b) Employment Prohibitions.--
(1) In general.--An employer may permit an individual
to operate a commercial motor vehicle or perform any
other safety sensitive function only if the employer
makes a request for information from the clearinghouse
at such times as the Secretary shall specify, by
regulation, and the information in the clearinghouse at
the time of the request indicates that the individual--
(A) has not violated the requirements of the
testing program in the preceding 3-year period;
or
(B) if the individual has violated the
requirements of the testing program during that
period, is eligible to return to safety
sensitive duties pursuant to the return-to-duty
process established under the testing program.
(2) Violations.--For purposes of paragraph (1), an
individual shall be considered to have violated the
requirements of the testing program if the individual--
(A) has a confirmed or verified, as
applicable, positive alcohol or controlled
substances test result under the testing
program;
(B) has failed or refused to submit to an
alcohol or controlled substances test under the
testing program; or
(C) has otherwise failed to comply with the
requirements of the testing program.
(3) Applicability.--Paragraph (1) shall apply to an
individual who performs a safety sensitive function for
an employer as a full-time regularly employed driver,
casual, intermittent, or occasional driver, or leased
driver, or independent owner-operator contractor of
such employer or, as determined by the Secretary,
pursuant to another arrangement.
(4) Written notice that clearinghouse is
operational.--The Secretary shall issue a written
notice when the Secretary determines that the
clearinghouse is operational and employers are able to
use the clearinghouse to meet the requirements of
section 382.413 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of
this section.
(5) Effective date.--Paragraph (1) shall take effect
on a date specified by the Secretary in the written
notice issued under paragraph (4) that is not later
than 30 days after the date of issuance of the written
notice.
(6) Continued application of existing requirements.--
Following the date on which paragraph (1) takes effect,
an employer shall continue to be subject to the
requirements of section 382.413 of title 49, Code of
Federal Regulations, as in effect on the date of
enactment of this section, for a period of 3 years or
for such longer period as the Secretary determines
appropriate.
(7) Notice of requirements applicable to employers.--
The Secretary shall provide notice of the requirements
applicable to employers under this section through
published notices in the Federal Register.
(c) Reporting of Records.--
(1) In general.--The Secretary shall require
employers and appropriate service agents, including
medical review officers, to submit to the Secretary for
inclusion in the clearinghouse records of violations of
the testing program by individuals described in
subsection (b)(3).
(2) Specific reporting requirements.--In carrying out
paragraph (1), the Secretary shall require, at a
minimum--
(A) a medical review officer to report
promptly, as determined by the Secretary, to
the clearinghouse--
(i) a verified positive controlled
substances test result of an individual
under the testing program; and
(ii) a failure or refusal of an
individual to submit to a controlled
substances test in accordance with the
requirements of the testing program;
and
(B) an employer (or, in the case of an
operator of a commercial motor vehicle who is
self-employed, the service agent administering
the operator's testing program) to report
promptly, as determined by the Secretary, to
the clearinghouse--
(i) a confirmed positive alcohol test
result of an individual under the
testing program; and
(ii) a failure or refusal of an
individual to provide a specimen for a
controlled substances test in
accordance with the requirements of the
testing program.
(3) Updating of records.--The Secretary shall ensure
that a record in the clearinghouse is updated to
include a return-to-duty test result of an individual
under the testing program.
(4) Inclusion of records in clearinghouse.--The
Secretary shall include all records of violations
received pursuant to this subsection in the
clearinghouse.
(5) Modifications and deletions.--If the Secretary
determines that a record contained in the clearinghouse
is not accurate, the Secretary shall modify or delete
the record.
(6) Notification of individuals.--The Secretary shall
establish a process to provide notification to an
individual of--
(A) a submission of a record to the
clearinghouse relating to the individual; and
(B) any modification or deletion of a record
in the clearinghouse pertaining to the
individual, including the reason for the
modification or deletion.
(7) Timely and accurate reporting.--The Secretary may
establish additional requirements, as appropriate, to
ensure timely and accurate reporting of records to the
clearinghouse.
(8) Deletion of records.--The Secretary shall delete
a record of a violation submitted to the clearinghouse
after a period of 3 years beginning on the date the
individual is eligible to return to safety sensitive
duties pursuant to the return-to-duty process
established under the testing program.
(d) Access to Clearinghouse by Employers.--
(1) In general.--The Secretary shall establish a
process for an employer to request and receive records
in the clearinghouse pertaining to an individual in
accordance with subsection (b).
(2) Written consent of individuals.--An employer
shall obtain the written consent of an individual
before requesting any records in the clearinghouse
pertaining to the individual.
(3) Access to records.--Upon receipt of a request for
records from an employer under paragraph (1), the
Secretary shall provide the employer with access to the
records as expeditiously as practicable.
(4) Records of requests.--The Secretary shall require
an employer to maintain for a 3-year period--
(A) a record of each request made by the
employer for records from the clearinghouse;
and
(B) any information received pursuant to the
request.
(5) Use of records.--
(A) In general.--An employer--
(i) may obtain from the clearinghouse
a record pertaining to an individual
only for the purpose of determining
whether a prohibition applies with
respect to the individual to operate a
commercial motor vehicle or perform any
other safety sensitive function under
subsection (b)(1); and
(ii) may use the record only for such
purpose.
(B) Protection of privacy of individuals.--An
employer that receives a record from the
clearinghouse pertaining to an individual shall
protect the privacy of the individual and the
confidentiality of the record, including taking
reasonable precautions to ensure that
information contained in the record is not
divulged to any person who is not directly
involved in determining whether a prohibition
applies with respect to the individual to
operate a commercial motor vehicle or perform
any other safety sensitive function under
subsection (b)(1).
(e) Access to Clearinghouse by Individuals.--
(1) In general.--The Secretary shall establish a
process for an individual to request and receive
information from the clearinghouse--
(A) to learn whether a record pertaining to
the individual is contained in the
clearinghouse;
(B) to verify the accuracy of the record;
(C) to verify updates to the individual's
record, including completion of a return-to-
duty process under the testing program; and
(D) to learn of requests for information from
the clearinghouse regarding the individual.
(2) Dispute procedure.--The Secretary shall establish
a procedure, including an appeal process, for an
individual to dispute and remedy an administrative
error in a record pertaining to the individual in the
clearinghouse, except that the appeal process shall not
be used to dispute or remedy the validity of a
controlled substance or alcohol test result.
(3) Access to records.--Upon receipt of a request for
records from an individual under paragraph (1), the
Secretary shall provide the individual with access to
the records as expeditiously as practicable.
(f) Access to Clearinghouse by Chief Commercial Driver
Licensing Officials.--
(1) In general.--The Secretary shall establish a
process for the chief commercial driver licensing
official of a State to request and receive records
pertaining to an individual from the clearinghouse.
(2) Use of information.--The chief commercial driver
licensing official of a State may not obtain from the
clearinghouse a record pertaining to an individual for
any purpose other than to take an action related to a
commercial driver's license for the individual under
applicable State law or to comply with section
31311(a)(22).
(g) Use of Clearinghouse Information for Enforcement
Purposes.--The Secretary may use the records in the
clearinghouse for the purposes of enforcement activities under
this chapter.
(h) Design of Clearinghouse.--
(1) In general.--In establishing the clearinghouse,
the Secretary shall develop a secure process for--
(A) registration, authorization, and
authentication of a user of the clearinghouse;
(B) registration, authorization, and
authentication of individuals required to
report to the clearinghouse under subsection
(c);
(C) preventing information from the
clearinghouse from being accessed by
unauthorized users;
(D) timely and accurate electronic
submissions of data to the clearinghouse under
subsection (c);
(E) timely and accurate access to records
from the clearinghouse under subsections (d),
(e), and (f); and
(F) updates to an individual's record related
to compliance with the return-to-duty process
under the testing program.
(2) Archive capability.--The clearinghouse shall be
designed to allow for an archive of the receipt,
modification, and deletion of records for the purposes
of auditing and evaluating the timeliness, accuracy,
and completeness of data in the clearinghouse.
(3) Security standards.--The clearinghouse shall be
designed and administered in compliance with applicable
Department of Transportation information technology
security standards.
(4) Interoperability with other systems.--In
establishing the clearinghouse and developing
requirements for data to be included in the
clearinghouse, the Secretary, to the maximum extent
practicable, shall take into consideration--
(A) existing information systems containing
regulatory and safety data for motor vehicle
operators;
(B) the efficacy of using or combining
clearinghouse data with 1 or more of such
systems; and
(C) the potential interoperability of the
clearinghouse with existing and future
information systems containing regulatory and
safety data for motor vehicle operators.
(i) Privacy.--
(1) Availability of clearinghouse information.--The
Secretary shall establish a process to make information
available from the clearinghouse in a manner that is
consistent with this section and applicable Federal
information and privacy laws, including regulations.
(2) Unauthorized individuals.--The Secretary may not
provide information from the clearinghouse to an
individual who is not authorized by this section to
receive the information.
(j) Fees.--
(1) Authority to collect fees.--
(A) General authority.--The Secretary may
collect fees for requests for information from
the clearinghouse.
(B) Amount to be collected.--Fees collected
under this subsection in a fiscal year shall
equal as nearly as possible the costs of
operating the clearinghouse in that fiscal
year, including personnel costs.
(C) Receipts to be credited as offsetting
collections.--The amount of any fee collected
under this subsection shall be--
(i) credited as offsetting
collections to the account that
finances the activities and services
for which the fee is imposed; and
(ii) available without further
appropriation for such activities and
services until expended.
(2) Limitation.--The Secretary shall ensure that an
individual requesting information from the
clearinghouse in order to dispute or remedy an error in
a record pertaining to the individual pursuant to
subsection (e)(2) may obtain the information without
being subject to a fee authorized by paragraph (1).
(k) Enforcement.--An employer, and any person acting as a
service agent, shall be subject to civil and criminal penalties
for a violation of this section in accordance with section
521(b).
(l) Definitions.--In this section, the following definitions
apply:
(1) Chief commercial driver licensing official.--The
term ``chief commercial driver licensing official''
means the official in a State who is authorized--
(A) to maintain a record about a commercial
driver's license issued by the State; and
(B) to take action on a commercial driver's
license issued by the State.
(2) Clearinghouse.--The term ``clearinghouse'' means
the clearinghouse to be established under subsection
(a).
(3) Employer.--Notwithstanding section 31301, the
term ``employer'' means a person or entity employing 1
or more employees (including an individual who is self-
employed) that is subject to Department of
Transportation requirements under the testing program.
The term does not include a service agent.
(4) Medical review officer.--The term ``medical
review officer'' means a person who is a licensed
physician and who is responsible for receiving and
reviewing laboratory results generated under the
testing program and evaluating medical explanations for
certain controlled substances test results.
(5) Safety sensitive function.--The term ``safety
sensitive function'' has the meaning such term has
under part 382 of title 49, Code of Federal
Regulations, or any successor regulation.
(6) Service agent.--The term ``service agent'' means
a person or entity, other than an employee of an
employer, who provides services covered by part 40 of
title 49, Code of Federal Regulations, or any successor
regulation, to employers or employees (or both) under
the testing program, and the term includes a medical
review officer.
(7) Testing program.--The term ``testing program''
means the alcohol and controlled substances testing
program established under section 31306.
* * * * * * *
Sec. 31308. Commercial driver's license
After consultation with the States, the Secretary of
Transportation shall prescribe regulations on minimum uniform
standards for the issuance of commercial drivers' licenses and
learner's permits by the States and for information to be
contained on each of the licenses and permits. The standards
shall require at a minimum that--
[(1) an individual issued a commercial driver's
license pass written and driving tests for the
operation of a commercial motor vehicle that comply
with the minimum standards prescribed by the Secretary
under section 31305(a) of this title;]
(1) an individual issued a commercial driver's
license--
(A) pass written and driving tests for the
operation of a commercial motor vehicle that
comply with the minimum standards prescribed by
the Secretary under section 31305(a); and
(B) present certification of completion of
driver training that meets the requirements
established by the Secretary under section 4042
of the Motor Carrier Safety, Efficiency, and
Accountability Act of 2012;
Sec. 31309. Commercial driver's license information system
(a) * * *
* * * * * * *
(e) Modernization Plan.--
(1) * * *
* * * * * * *
(4) Deadline for State participation.--
(A) In general.--The Secretary shall
establish in the plan a date by which all
States must be operating commercial driver's
license information systems that are compatible
with the modernized information system under
this section[.] and must use the systems to
receive and submit conviction and
disqualification data.
* * * * * * *
Sec. 31311. Requirements for State participation
(a) General.--To avoid having amounts withheld from
apportionment under section 31314 of this title, a State shall
comply with the following requirements:
(1) * * *
* * * * * * *
(5) [At least 60 days before issuing a commercial
driver's license (or a shorter period the Secretary
prescribes by regulation),] Within the time period the
Secretary prescribes by regulation, the State shall
notify the Secretary or the operator of the information
system under section 31309 of this title, as the case
may be, of the proposed issuance of the license and
other information the Secretary may require to ensure
identification of the individual applying for the
license.
* * * * * * *
(22) Before renewing or issuing a commercial driver's
license to an individual, the State shall request
information pertaining to the individual from the drug
and alcohol clearinghouse maintained under section
31306a.
(23) The State shall ensure that the State's
commercial driver's license information system complies
with applicable Federal information technology
standards.
* * * * * * *
(d) State Commercial Driver's License Program Plan.--
(1) In general.--A State shall develop and submit to
the Secretary for approval a plan for complying with
the requirements of subsection (a) in the period
beginning on the date that the plan is approved and
ending on September 30, 2017.
(2) Contents.--A plan submitted by a State under
paragraph (1) shall identify--
(A) the actions that the State must take to
address any deficiencies in the State's
commercial driver's license program, as
identified by the Secretary in the most recent
audit of the program; and
(B) other actions that the State must take to
comply with the requirements of subsection (a).
(3) Priority.--
(A) Implementation schedule.--A plan
submitted by a State under paragraph (1) shall
include a schedule for the implementation of
the actions identified under paragraph (2).
(B) Deadline for compliance with
requirements.--A plan submitted by a State
under paragraph (1) shall include assurances
that the State will take the necessary actions
to comply with the requirements of subsection
(a) not later than September 30, 2017.
(4) Approval and disapproval.--The Secretary shall--
(A) review a plan submitted by a State under
paragraph (1); and
(B)(i) approve the plan if the Secretary
determines that the plan is adequate to promote
the objectives of this section; or
(ii) disapprove the plan.
(5) Modification of disapproved plans.--If the
Secretary disapproves a plan under this subsection, the
Secretary shall--
(A) provide the State a written explanation
of the disapproval; and
(B) allow the State to modify and resubmit
the plan for approval.
(6) Plan updates.--The Secretary may require States
to review and update plans, as appropriate.
(e) Annual Comparison of State Levels of Compliance.--On an
annual basis, the Secretary shall--
(1) conduct a comparison of the relative levels of
compliance by States with the requirements of
subsection (a); and
(2) make available to the public the results of the
comparison, using a mechanism that the Secretary
determines appropriate.
* * * * * * *
Sec. 31313. Grants for commercial driver's license program
[improvements] implementation
[(a) Grants for Commercial Driver's License Program
Improvements.--
[(1) General authority.--The Secretary of
Transportation may make a grant to a State in a fiscal
year--
[(A) to comply with the requirements of
section 31311; and
[(B) in the case of a State that is making a
good faith effort toward substantial compliance
with the requirements of section 31311 and this
section, to improve its implementation of its
commercial driver's license program.
[(2) Purposes for which grants may be used.--
[(A) In general.--A State may use grants
under paragraphs (1)(A) and (1)(B) only for
expenses directly related to its compliance
with section 31311; except that a grant under
paragraph (1)(B) may be used for improving
implementation of the State's commercial
driver's license program, including expenses
for computer hardware and software,
publications, testing, personnel, training, and
quality control. The grant may not be used to
rent, lease, or buy land or buildings.
[(B) Priority.--In making grants under
paragraph (1)(B), the Secretary shall give
priority to States that will use such grants to
achieve compliance with the requirements of the
Motor Carrier Safety Improvement Act of 1999,
including the amendments made by such Act.
[(3) Application.--In order to receive a grant under
this section, a State shall submit an application for
such grant that is in such form, and contains such
information, as the Secretary may require. The
application shall include the State's assessment of its
commercial driver's license program.
[(4) Maintenance of expenditures.--The Secretary may
make a grant to a State under this subsection only if
the State agrees that the total expenditure of amounts
of the State and political subdivisions of the State,
exclusive of amounts from the United States, for the
State's commercial driver's license program will be
maintained at a level at least equal to the average
level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years
of the State ending before the date of enactment of
this section.
[(5) Government share.--The Secretary shall reimburse
a State under a grant made under this subsection an
amount that is not more than 100 percent of the costs
incurred by the State in a fiscal year in complying
with section 31311 and improving its implementation of
its commercial driver's license program. In determining
such costs, the Secretary shall include in-kind
contributions by the State. Amounts required to be
expended by the State under paragraph (4) may not be
included as part of the non-Federal share of such
costs.
[(b) High-Priority Activities.--
[(1) Grants for national concerns.--The Secretary may
make a grant to a State agency, local government, or
other person for 100 percent of the costs of research,
development, demonstration projects, public education,
and other special activities and projects relating to
commercial driver licensing and motor vehicle safety
that are of benefit to all jurisdictions of the United
States or are designed to address national safety
concerns and circumstances.
[(2) Funding.--The Secretary may deduct up to 10
percent of the amounts made available to carry out this
section for a fiscal year to make grants under this
subsection.
[(c) Emerging Issues.--The Secretary may designate up to 10
percent of the amounts made available to carry out this section
for a fiscal year for allocation to a State agency, local
government, or other person at the discretion of the Secretary
to address emerging issues relating to commercial driver's
license improvements.
[(d) Apportionment.--Except as otherwise provided in
subsection (c), all amounts made available to carry out this
section for a fiscal year shall be apportioned to States
according to criteria prescribed by the Secretary.]
(a) Grants for Commercial Driver's License Program
Implementation.--
(1) In general.--The Secretary of Transportation may
make a grant to a State in a fiscal year to assist the
State in complying with the requirements of section
31311.
(2) Eligibility.--A State shall be eligible for a
grant under this subsection if the State has in effect
a commercial driver's license program plan approved by
the Secretary under section 31311(d).
(3) Uses of grant funds.--A State may use grant funds
under this subsection--
(A) to comply with section 31311; and
(B) in the case of a State that is making a
good faith effort toward substantial compliance
with the requirements of section 31311 and this
section, to improve its implementation of its
commercial driver's license program, including
expenses--
(i) for computer hardware and
software;
(ii) for publications, testing,
personnel, training, and quality
control;
(iii) for commercial driver's license
program coordinators; and
(iv) to establish and implement a
system to notify an employer of an
operator of a commercial motor vehicle
of a suspension or revocation of such
operator's driver's license.
(C) Prohibitions.--A State may not use grant
funds under this subsection to rent, lease, or
buy land or buildings.
(4) Maintenance of expenditures.--The Secretary may
make a grant to a State under this subsection only if
the State provides assurances satisfactory to the
Secretary that the total expenditure of amounts of the
State and political subdivisions of the State (not
including amounts of the United States) for the State's
commercial driver's license program will be maintained
at a level that at least equals the average level of
that expenditure by the State and political
subdivisions of the State for the most recent 3 fiscal
years ending before the date of enactment of the Motor
Carrier Safety, Efficiency, and Accountability Act of
2012.
(b) Apportionment.--
(1) Apportionment formula.--Subject to paragraph (2),
the amounts made available to carry out this section
for a fiscal year shall be apportioned among the States
in the ratio that--
(A) the number of commercial driver's
licenses issued in each State; bears to
(B) the total number of commercial driver's
licenses issued in all States.
(2) Minimum apportionment.--The apportionment to each
State that has in effect a commercial driver's license
program plan approved by the Secretary under section
31311(d) shall be not less than one-half of 1 percent
of the total funds available to carry out this section.
* * * * * * *
SUBTITLE X--MISCELLANEOUS
* * * * * * *
CHAPTER 805--MISCELLANEOUS
* * * * * * *
Sec. 80502. Transportation of animals
(a) * * *
* * * * * * *
(c) Nonapplication.--[This section does not] Subsections (a)
and (b) do not apply when animals are transported in a vehicle
or vessel in which the animals have food, water, space, and an
opportunity for rest.
(d) Transportation of Horses.--
(1) Prohibition.--No person may transport, or cause
to be transported, a horse from a place in a State, the
District of Columbia, or a territory or possession of
the United States through or to a place in another
State, the District of Columbia, or a territory or
possession of the United States in a motor vehicle
containing 2 or more levels stacked on top of each
other.
(2) Motor vehicle defined.--In this subsection, the
term ``motor vehicle'' has the meaning given that term
in section 13102.
[(d)] (e) Civil Penalty.--[A rail carrier]
(1) In general.--A rail carrier, express carrier, or
common carrier (except by air or water), a receiver,
trustee, or lessee of one of those carriers, or an
owner or master of a vessel that knowingly and
willfully violates [this section] subsection (a) or (b)
is liable to the United States Government for a civil
penalty of at least $100 but not more than $500 for
each violation. [On learning of a violation]
(2) Transportation of horses in multilevel trailer.--
(A) Civil penalty.--A person that knowingly
violates subsection (d) is liable to the United
States Government for a civil penalty of at
least $100 but not more than $500 for each
violation. A separate violation occurs under
subsection (d) for each horse that is
transported, or caused to be transported, in
violation of subsection (d).
(B) Relationship to other laws.--The penalty
provided under subparagraph (A) shall be in
addition to any penalty or remedy available
under any other law or common law.
(3) Civil action.--On learning of a violation of a
provision of this section, the Attorney General shall
bring a civil action to collect the penalty in the
district court of the United States for the judicial
district in which the violation occurred or the
defendant resides or does business.
* * * * * * *
----------
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
* * * * * * *
TITLE I--SURFACE TRANSPORTATION
* * * * * * *
Part A--Title 23 Programs
* * * * * * *
SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.
(a) * * *
* * * * * * *
(h) Over-the-Road Buses and Public Transit Vehicles.--
(1) [Temporary exemption] Exemption.--The second
sentence of section 127 of title 23, United States
Code, relating to axle weight limitations for vehicles
using the Dwight D. Eisenhower System of Interstate and
Defense Highways, shall not apply[, for the period
beginning on October 6, 1992, and ending on October 1,
2009,] to--
(A) any over-the-road bus (as defined in
section 301 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12181)); [or]
(B) any vehicle that is regularly and
exclusively used as an intrastate public agency
transit passenger bus[.]; or
(C) any motor home (as such term is defined
in section 571.3 of title 49, Code of Federal
Regulations).
(2) State action.--
(A) Weight limitations.--[For the period
beginning on the date of enactment of this
subparagraph and ending on September 30, 2009,
a] A covered State, including any political
subdivision of such State, may not enforce a
single axle weight limitation of less than
24,000 pounds, including enforcement
tolerances, on any vehicle referred to in
paragraph (1) in any case in which the vehicle
is using the Interstate System.
* * * * * * *
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) * * *
* * * * * * *
(e) Provisions Applicable to Corridors.--
(1) * * *
* * * * * * *
(5) Inclusion of certain route segments on interstate
system.--
(A) In general.--The portions of the routes
referred to in subsection (c)(1), subsection
(c)(3) (relating solely to the Kentucky
Corridor), clauses (i), (ii), and (except with
respect to Georgetown County) (iii) of
subsection (c)(5)(B), subsection (c)(9),
subsections (c)(18) and (c)(20), subsection
(c)(36), subsection (c)(37), subsection
(c)(40), subsection (c)(42), subsection
(c)(45), subsection (c)(54), and subsection
(c)(57) that are not a part of the Interstate
System are designated as future parts of the
Interstate System. Any segment of such routes
shall become a part of the Interstate System at
such time as the Secretary determines [that the
segment--
[(i) meets the Interstate System
design standards approved by the
Secretary under section 109(b) of title
23, United States Code; and
[(ii) connects to an existing
Interstate System segment.] that the
segment meets the Interstate System
design standards approved by the
Secretary under section 109(b) of title
23, United States Code.
* * * * * * *
----------
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
* * * * * * *
[3038. Over-the-road bus accessibility program.]
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
[Sec. 4023. Employee protections.]
* * * * * * *
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
* * * * * * *
[SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Intercity, fixed-route over-the-road bus
service.--The term ``intercity, fixed-route over-the-
road bus service'' means regularly scheduled bus
service for the general public, using an over-the-road
bus, that--
[(A) operates with limited stops over fixed
routes connecting 2 or more urban areas not in
close proximity or connecting 1 or more rural
communities with an urban area not in close
proximity;
[(B) has the capacity for transporting
baggage carried by passengers; and
[(C) makes meaningful connections with
scheduled intercity bus service to more distant
points.
[(2) Other over-the-road bus service.--The term
``other over-the-road bus service'' means any other
transportation using over-the-road buses including
local fixed-route service, commuter service, and
charter or tour service (including tour or excursion
service that includes features in addition to bus
transportation such as meals, lodging, admission to
points of interest or special attractions or the
services of a tour guide).
[(3) Over-the-road bus.--The term ``over-the-road
bus'' means a bus characterized by an elevated
passenger deck located over a baggage compartment.
[(b) General Authority.--The Secretary shall make grants
under this section to operators of over-the-road buses to
finance the incremental capital and training costs of complying
with the Department of Transportation's final rule regarding
accessibility of over-the-road buses required by section
306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12186(a)(2)(B)).
[(c) Grant Criteria.--In selecting applicants for grants
under this section, the Secretary shall consider--
[(1) the identified need for over-the-road bus
accessibility for persons with disabilities in the
areas served by the applicant;
[(2) the extent to which the applicant demonstrates
innovative strategies and financial commitment to
providing access to over-the-road buses to persons with
disabilities;
[(3) the extent to which the over-the-road bus
operator acquires equipment required by the final rule
prior to any required timeframe in the final rule;
[(4) the extent to which financing the costs of
complying with the Department of Transportation's final
rule regarding accessibility of over-the-road buses
presents a financial hardship for the applicant; and
[(5) the impact of accessibility requirements on the
continuation of over-the-road bus service, with
particular consideration of the impact of the
requirements on service to rural areas and for low-
income individuals.
[(d) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a competitive
basis.
[(e) Federal Share of Costs.--The Federal share of costs
under this section shall be provided from funds made available
to carry out this section and shall be determined in accordance
with section 5323(i) of title 49, United States Code.
[(f) Grant Requirements.--A grant under this section shall be
subject to all of the terms and conditions applicable to
subrecipients who provide intercity bus transportation under
section 5311(f) of title 49, United States Code, and such other
terms and conditions as the Secretary may prescribe.
[(g) Funding.--
[(1) Intercity, fixed route over-the-road bus
service.--Of the amounts made available to carry out
this section in each fiscal year, 75 percent shall be
available for operators of over-the-road buses used
substantially or exclusively in intercity, fixed-route
over-the-road bus service to finance the incremental
capital and training costs of the Department of
Transportation's final rule regarding accessibility of
over-the-road buses. Such amounts shall remain
available until expended.
[(2) Other over-the-road bus service.--Of the amounts
made available to carry out this section in each fiscal
year, 25 percent shall be available for operators of
other over-the-road bus service to finance the
incremental capital and training costs of the
Department of Transportation's final rule regarding
accessibility of over-the-road buses. Such amounts
shall remain available until expended.]
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
[SEC. 4023. EMPLOYEE PROTECTIONS.
[Not later than 2 years after the date of enactment of this
Act, the Secretary, in conjunction with the Secretary of Labor,
shall report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the effectiveness of existing statutory
employee protections provided for under section 31105 of title
49, United States Code. The report shall include
recommendations to address any statutory changes necessary to
strengthen the enforcement of such employee protection
provisions.]
* * * * * * *
----------
UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES
ACT OF 1970
* * * * * * *
TITLE II--UNIFORM RELOCATION ASSISTANCE
* * * * * * *
MOVING AND RELATED EXPENSES
Sec. 202. (a) Whenever a program or project to be undertaken
by a displacing agency will result in the displacement of any
person, the head of the displacing agency shall provide for the
payment to the displaced person of--
(1) * * *
* * * * * * *
(4) actual reasonable expenses necessary to
reestablish a displaced farm, nonprofit organization,
or small business at its new site, but not to exceed
[$10,000] $25,000, as adjusted by regulation, in
accordance with section 213(d).
* * * * * * *
(c) Any displaced person eligible for payments under
subsection (a) of this section who is displaced from the
person's place of business or farm operation and who is
eligible under criteria established by the head of the lead
agency may elect to accept the payment authorized by this
subsection in lieu of the payment authorized by subsection (a)
of this section. Such payment shall consist of a fixed payment
in an amount to be determined according to criteria established
by the head of the lead agency, except that such payment shall
not be less than $1,000 nor more than [$20,000] $40,000, as
adjusted by regulation, in accordance with section 213(d). A
person whose sole business at the displacement dwelling is the
rental of such property to others shall not qualify for a
payment under this subsection.
* * * * * * *
REPLACEMENT HOUSING FOR HOMEOWNER
Sec. 203. (a)(1) In addition to payments otherwise authorized
by this title, the head of the displacing agency shall make an
additional payment not in excess of [$22,500] $31,000, as
adjusted by regulation, in accordance with section 213(d), to
any displaced person who is displaced from a dwelling actually
owned and occupied by such displaced person for not less than
[one hundred and eighty days prior to] 90 days before the
initiation of negotiations for the acquisition of the property.
Such additional payment shall include the following elements:
(A) * * *
* * * * * * *
REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS
Sec. 204. (a) In addition to amounts otherwise authorized by
this title, the head of a displacing agency shall make a
payment to or for any displaced person displaced from any
dwelling not eligible to receive a payment under section 203
which dwelling was actually and lawfully occupied by such
displaced person for not less than 90 days immediately prior to
(1) the initiation of negotiations for acquisition of such
dwelling, or (2) in any case in which displacement is not a
direct result of acquisition, such other event as the head of
the lead agency shall prescribe. Such payment shall consist of
the amount necessary to enable such person to lease or rent for
a period not to exceed 42 months, a comparable replacement
dwelling, but not to exceed [$5,250] $7,200, as adjusted by
regulation, in accordance with section 213(d). At the
discretion of the head of the displacing agency, a payment
under this subsection may be made in periodic installments.
Computation of a payment under this subsection to a low-income
displaced person for a comparable replacement dwelling shall
take into account such person's income.
(b) Any person eligible for a payment under subsection (a) of
this section may elect to apply such payment to a down payment
on, and other incidental expenses pursuant to, the purchase of
a decent, safe, and sanitary replacement dwelling. Any such
person may, at the discretion of the head of the displacing
agency, be eligible under this subsection for the maximum
payment allowed under subsection (a)[, except that, in the case
of a displaced homeowner who has owned and occupied the
displacement dwelling for at least 90 days but not more than
180 days immediately prior to the initiation of negotiations
for the acquisition of such dwelling, such payment shall not
exceed the payment such person would otherwise have received
under section 203(a) of this Act had the person owned and
occupied the displacement dwelling 180 days immediately prior
to the initiation of such negotiations.].
* * * * * * *
DUTIES OF LEAD AGENCY
Sec. 213. (a) * * *
(b) The head of the lead agency is authorized to issue such
regulations and establish such procedures as he may determine
to be necessary to assure--
(1) * * *
(2) that a displaced person who makes proper
application for a payment authorized for such person by
this title shall be paid promptly after a move or, in
hardship cases, be paid in advance; [and]
(3) that any aggrieved person may have his
application reviewed by the head of the Federal agency
having authority over the applicable program or project
or, in the case of a program or project receiving
Federal financial assistance, by the State agency
having authority over such program or project or the
Federal agency having authority over such program or
project if there is no such State agency[.]; and
(4) that each Federal agency that has programs or
projects requiring the acquisition of real property or
causing a displacement from real property subject to
the provisions of this Act shall provide to the lead
agency an annual summary report that describes the
activities conducted by the Federal agency.
* * * * * * *
(d) Adjustment of Payments.--The head of the lead agency may
adjust, by regulation, the amounts of relocation payments
provided under sections 202(a)(4), 202(c), 203(a), and 204(a)
if the head of the lead agency determines that cost of living,
inflation, or other factors indicate that the payments should
be adjusted to meet the policy objectives of this Act.
SEC. 214. AGENCY COORDINATION.
(a) Agency Capacity.--Each Federal agency responsible for
funding or carrying out relocation and acquisition activities
shall have adequately trained personnel and such other
resources as are necessary to manage and oversee the relocation
and acquisition program of the Federal agency in accordance
with this Act.
(b) Interagency Agreements.--Not later than 1 year after the
date of the enactment of this section, each Federal agency
responsible for funding relocation and acquisition activities
(other than the agency serving as the lead agency) shall enter
into a memorandum of understanding with the lead agency that--
(1) provides for periodic training of the personnel
of the Federal agency, which in the case of a Federal
agency that provides Federal financial assistance, may
include personnel of any displacing agency that
receives Federal financial assistance;
(2) addresses ways in which the lead agency may
provide assistance and coordination to the Federal
agency relating to compliance with this Act on a
program or project basis; and
(3) addresses the funding of the training,
assistance, and coordination activities provided by the
lead agency, in accordance with subsection (c).
(c) Interagency Payments.--
(1) In general.--For the fiscal year that begins 1
year after the date of the enactment of this section,
and each fiscal year thereafter, each Federal agency
responsible for funding relocation and acquisition
activities (other than the agency serving as the lead
agency) shall transfer to the lead agency for the
fiscal year, such funds as are necessary, but not less
than $35,000, to support the training, assistance, and
coordination activities of the lead agency described in
subsection (b).
(2) Included costs.--The cost to a Federal agency of
providing the funds described in paragraph (1) shall be
included as part of the cost of 1 or more programs or
projects undertaken by the Federal agency or with
Federal financial assistance that result in the
displacement of persons or the acquisition of real
property.
* * * * * * *
----------
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999
* * * * * * *
TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY
* * * * * * *
SEC. 229. CERTAIN EXEMPTIONS.
(a) Exemptions.--
[(1) Transportation of agricultural commodities and
farm supplies.--Regulations prescribed by the Secretary
under sections 31136 and 31502 regarding maximum
driving and on-duty time for drivers used by motor
carriers shall not apply during planting and harvest
periods, as determined by each State, to drivers
transporting agricultural commodities or farm supplies
for agricultural purposes in a State if such
transportation is limited to an area within a 100 air
mile radius from the source of the commodities or the
distribution point for the farm supplies.]
(1) Transportation of agricultural commodities and
farm supplies.--Regulations issued by the Secretary
under sections 31136 and 31502 of title 49, United
States Code, regarding maximum driving and on-duty time
for a driver used by a motor carrier, shall not apply
during a planting or harvest period of a State, as that
period is determined by the State, to--
(A) drivers transporting agricultural
commodities in the State from the source of the
agricultural commodities to a location within a
150 air-mile radius from the source;
(B) drivers transporting farm supplies for
agricultural purposes in the State from a
wholesale or retail distribution point of the
farm supplies to a farm or other location where
the farm supplies are intended to be used
within a 150 air-mile radius from the
distribution point; or
(C) drivers transporting farm supplies for
agricultural purposes in the State from a
wholesale distribution point of the farm
supplies to a retail distribution point of the
farm supplies within a 150 air-mile radius from
the wholesale distribution point.
* * * * * * *
----------
SECTION 306 OF THE SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008
SEC. 306. APPLICABILITY OF FAIR LABOR STANDARDS ACT REQUIREMENTS AND
LIMITATION ON LIABILITY.
(a) * * *
* * * * * * *
(c) Covered Employee Defined.--In this section, the term
``covered employee'' means an individual--
(1) * * *
(2) whose work, in whole or in part, is defined--
(A) * * *
(B) as affecting the safety of operation of
motor vehicles weighing 10,000 pounds or less
in transportation on public highways in
interstate or foreign commerce, except
vehicles--
(i) * * *
(ii) designed or used to transport
more than 15 passengers (including the
driver) and not used to transport
passengers for compensation; [or]
(iii) used in transporting material
found by the Secretary of
Transportation to be hazardous under
section 5103 of title 49, United States
Code, and transported in a quantity
requiring placarding under regulations
prescribed by the Secretary under
section 5103 of title 49, United States
Code; [and] or
(iv) operating under contracts with
rail carriers subject to part A of
subtitle IV of title 49, United States
Code, and used to transport employees
of such rail carriers; and
* * * * * * *
----------
SECTION 502 OF THE RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF
1976
SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.
(a) * * *
(b) Eligible Purposes.--
(1) In general.--Direct loans and loan guarantees
under this section shall be used to--
(A) * * *
* * * * * * *
(C) develop or establish new intermodal or
railroad facilities, including high-speed rail
(as defined in section 26105(2) of title 49,
United States Code) facilities.
* * * * * * *
(c) Priority Projects.--In granting applications for direct
loans or guaranteed loans under this section, the Secretary
shall give priority to projects that--
(1) enhance public safety, including projects for the
installation of positive train control systems as
defined in section 20157(i) of title 49, United States
Code;
* * * * * * *
(f) Infrastructure Partners.--
(1) Authority of secretary.--In lieu of or in
combination with appropriations of budget authority to
cover the costs of direct loans and loan guarantees as
required under section 504(b)(1) of the Federal Credit
Reform Act of 1990, the Secretary may accept on behalf
of an applicant for assistance [under this section a
commitment] under this section private insurance,
including bond insurance, or any other commitment from
a non-Federal source to fund in whole or in part credit
risk premiums with respect to the loan that is the
subject of the application. In no event shall the
aggregate of appropriations of budget authority and
credit risk premiums or private insurance, including
bond insurance, described in this paragraph with
respect to a direct loan or loan guarantee be less than
the cost of that direct loan or loan guarantee.
* * * * * * *
(3) Payment of premiums.--Credit risk premiums under
this subsection shall be paid to the Secretary before
the disbursement of loan amounts, or, at the discretion
of the Secretary, in a series of payments over the term
of the loan. If private insurance, including bond
insurance, is used, the policy premium shall be paid
before the loan is disbursed.
* * * * * * *
(h) Conditions of Assistance.--(1) * * *
(2)(A) The Secretary shall not require an applicant for a
direct loan or loan guarantee under this section to provide
collateral. Any collateral provided or thereafter enhanced
shall be valued as a going concern after giving effect to the
present value of improvements contemplated by the completion
and operation of the project. Such collateral shall be valued
at 100 percent of the liquidated asset valuation, or going
concern valuation when applicable. The Secretary shall not
require that an applicant for a direct loan or loan guarantee
under this section have previously sought the financial
assistance requested from another source. The Secretary may
subordinate rights of the Secretary under any provision of
title 49 or title 23 of the United States Code, to the rights
of the Secretary under this section and section 503.
(B) In the case of an applicant that is a State, an
Interstate compact, a local government authority as defined in
section 5302 of title 49, United States Code, or a high-speed
rail system as defined in section 26105 of title 49, United
States Code, the Secretary shall, for purposes of making a
finding under subsection (g)(4), accept the net present value
on a future stream of State or local subsidy income or
dedicated revenue as collateral offered to secure the loan.
(C) For purposes of making a finding under subsection (g)(4)
with respect to an application for a project for the
installation of positive train control systems, the collateral
value of that asset shall be deemed to be equal to the total
cost of the labor and materials associated with installing the
positive train control systems.
* * * * * * *
(i) Time Limit for Approval or [Disapproval.--Not later than
90 days after receiving] Disapproval.--
(1) In general.--Not later than 90 days after an
application is determined pursuant to paragraph (2) to
be a complete application for a direct loan or loan
guarantee under this section, the Secretary shall
approve or disapprove the application. In order to
enable compliance with such time limit, the Office of
Management and Budget shall take any actions required
with respect to the application within such 90-day
period.
(2) Completion of application.--The Secretary shall
establish procedures for making a determination not
later than 45 days after submission of an application
under this section whether the application is complete.
Such procedures shall--
(A) provide for a checklist of the required
components of a complete application;
(B) provide that an independent financial
analyst be assigned within 45 days of submittal
to review the application;
(C) require the Secretary to provide to the
applicant a description of the specific
components of the application that remain
incomplete or unsatisfactory if an application
is determined to be incomplete; and
(D) permit reapplication without prejudice
for applications determined to be incomplete or
unsatisfactory.
(j) Repayment Schedules.--
(1) * * *
* * * * * * *
(3) Treatment of costs associated with deferral.--Any
additional costs associated with a deferred repayment
schedule under paragraph (1) may be financed over the
remaining term of the loan beginning at the time the
payments begin, or may be included in the credit risk
premium determined under subsection (f)(2).
(k) Report to Congress.--Not later than 1 year after the date
of enactment of the American Energy and Infrastructure Jobs Act
of 2012, and annually thereafter, the Secretary shall transmit
to the Congress a report on the program under this section that
summarizes the number of loans approved and disapproved by the
Secretary during the previous year. Such report shall not
disclose the identity of loan or loan guarantee recipients. The
report shall describe--
(1) the number of preapplication meetings with
potential applicants;
(2) the number of applications received and
determined complete under subsection (i)(2), including
the requested loan amounts;
(3) the dates of receipt of applications;
(4) the dates applications were determined complete
under subsection (i)(2);
(5) the number of applications determined incomplete
under subsection (i)(2);
(6) the final decision dates for both approvals and
denials of applications;
(7) the number of applications withdrawn from
consideration; and
(8) the annual loan portfolio asset quality.
(l) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary for purposes of carrying out
subsections (f)(3) and (j)(3), $50,000,000 for fiscal year
2013.
----------
PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008
* * * * * * *
DIVISION B--AMTRAK
* * * * * * *
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING EXPENSES.
(a) Operating Grants.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
operating costs the following amounts:
(1) * * *
* * * * * * *
(4) For fiscal year 2012, [$616,000,000]
$466,000,000.
(5) For fiscal year 2013, [$631,000,000]
$473,250,000.
* * * * * * *
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
* * * * * * *
SEC. 209. STATE-SUPPORTED ROUTES.
(a) * * *
* * * * * * *
(c) Review.--If Amtrak and the States (including the District
of Columbia) in which Amtrak operates such routes do not
voluntarily adopt and implement the methodology developed under
subsection (a) in allocating costs and determining compensation
for the provision of service in accordance with the date
established therein, the Surface Transportation Board shall
determine the appropriate methodology required under subsection
(a) for such services in accordance with the procedures and
procedural schedule applicable to a proceeding under section
24904(c) of title 49, United States Code, and require the full
implementation of this methodology with regards to the
provision of such service [within 1 year after the Board's
determination] by the first day of the first fiscal year
beginning at least 1 year after the Board's determination of
the appropriate methodology.
* * * * * * *
----------
RAIL SAFETY IMPROVEMENT ACT OF 2008
DIVISION A--RAIL SAFETY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 49.
(a) Short Title.--This division may be cited as the ``Rail
Safety Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents; amendment of title 49.
* * * * * * *
TITLE III--FEDERAL RAILROAD ADMINISTRATION
* * * * * * *
Sec. 307. Update of Federal Railroad Administration's [website] Web
site.
* * * * * * *
TITLE IV--RAILROAD SAFETY ENHANCEMENTS
* * * * * * *
Sec. 403. [Track inspection time study] Study and rulemaking on track
inspection time; rulemaking on concrete cross ties.
* * * * * * *
Sec. 408. Study of repeal of [Conrail] Consolidated Rail Corporation
provision.
* * * * * * *
TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER [SOLID WASTE
FACILITIES] SOLID WASTE RAIL TRANSFER FACILITIES
* * * * * * *
Sec. 602. Clarification of general jurisdiction over [solid waste
transfer facilities] solid waste rail transfer facilities.
* * * * * * *
SEC. 2. DEFINITIONS.
(a) In General.--In this division:
(1) Crossing.--The term ``crossing'' means a location
within a State, other than a location where one or more
railroad tracks cross one or more railroad tracks at
grade, where--
(A) * * *
* * * * * * *
SEC. 102. RAILROAD SAFETY STRATEGY.
(a) Safety Goals.--In conjunction with existing federally-
required and voluntary strategic planning efforts ongoing at
the Department and the Federal Railroad Administration as of
the date of enactment of this Act, the Secretary shall develop
a long-term strategy for improving railroad safety to cover a
period of not less than 5 years. The strategy shall include an
annual plan and schedule for achieving, at a minimum, the
following goals:
(1) * * *
* * * * * * *
[(6) Improving the safety of railroad bridges,
tunnels, and related infrastructure to prevent
accidents, incidents, injuries, and fatalities caused
by catastrophic failures and other bridge and tunnel
failures.]
(6) Improving the safety of railroad bridges,
tunnels, and related infrastructure to prevent
accidents, incidents, injuries, and fatalities caused
by catastrophic and other failures of such
infrastructure.
* * * * * * *
TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND
TRESPASSER PREVENTION
* * * * * * *
SEC. 206. OPERATION LIFESAVER.
(a) Grant.--The Federal Railroad Administration shall make a
grant or grants to Operation Lifesaver to carry out a public
information and education program to help prevent and reduce
pedestrian, motor vehicle, and other accidents, incidents,
injuries, and fatalities, and to improve awareness along
railroad rights-of-way and at highway-rail grade crossings. The
program shall include, as appropriate, development, placement,
and dissemination of [Public Service Announcements] public
service announcements in newspaper, radio, television, and
other media. The program shall also include, as appropriate,
school presentations, brochures and materials, support for
public awareness campaigns, and related support for the
activities of Operation Lifesaver's member organizations. As
part of an educational program funded by grants awarded under
this section, Operation Lifesaver shall provide information to
the public on how to identify and report to the appropriate
authorities unsafe or malfunctioning highway-rail grade
crossings.
* * * * * * *
TITLE III--FEDERAL RAILROAD ADMINISTRATION
* * * * * * *
SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION'S [WEBSITE] WEB
SITE.
(a) In General.--The Secretary shall update the Federal
Railroad Administration's public [website] Web site to better
facilitate the ability of the public, including those
individuals who are not regular users of the public [website]
Web site, to find current information regarding the Federal
Railroad Administration's activities.
(b) Public Reporting of Violations.--On the Federal Railroad
Administration's public [website's] Web site's home page, the
Secretary shall provide a mechanism for the public to submit
written reports of potential violations of Federal railroad
safety and hazardous materials transportation laws,
regulations, and orders to the Federal Railroad Administration.
* * * * * * *
TITLE IV--RAILROAD SAFETY ENHANCEMENTS
* * * * * * *
SEC. 403. [TRACK INSPECTION TIME STUDY] STUDY AND RULEMAKING ON TRACK
INSPECTION TIME; RULEMAKING ON CONCRETE CROSS TIES.
(a) * * *
* * * * * * *
SEC. 405. LOCOMOTIVE CAB STUDIES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, through the Railroad
Safety Advisory Committee if the Secretary makes such a
request, shall complete a study on the safety impact of the use
of personal electronic devices, including [cell phones]
cellular telephones, video games, and other distracting
devices, by safety-related railroad employees (as defined in
section 20102(4) of title 49, United States Code), during the
performance of such employees' duties. The study shall consider
the prevalence of the use of such devices.
* * * * * * *
(d) Authority.--Based on the conclusions of the study
required under (a), the [Secretary of Transportation] Secretary
may prohibit the use of personal electronic devices, such as
cell phones, video games, or other electronic devices that may
distract employees from safely performing their duties, unless
those devices are being used according to railroad operating
rules or for other work purposes. Based on the conclusions of
other studies conducted under subsection (b), the Secretary may
prescribe regulations to improve elements of the cab
environment to protect an employee's health and safety.
* * * * * * *
SEC. 408. STUDY OF REPEAL OF [CONRAIL] CONSOLIDATED RAIL CORPORATION
PROVISION.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete a study of the impacts of
repealing section 711 of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 797j). Not later than 6 months after
completing the study, the Secretary shall transmit a report
with the Secretary's findings, conclusions, and recommendations
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
* * * * * * *
SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR MAINTENANCE-OF-
WAY EMPLOYEES.
Not later than 2 years following the date of enactment of
this Act, the [Secretary of Transportation] Secretary shall
complete a rulemaking proceeding to revise the regulations
prescribed under section 20140 of title 49, United States Code,
to cover all employees of railroad carriers and contractors or
subcontractors to railroad carriers who perform maintenance-of-
way activities.
* * * * * * *
SEC. 414. TUNNEL INFORMATION.
Not later than 120 days after the date of enactment of this
Act, each railroad carrier shall, with respect to each of its
tunnels which--
(1) * * *
(2) carry 5 or more scheduled passenger trains per
day, or 500 or more carloads of poison- or toxic-by-
inhalation hazardous materials (as defined in [parts
171.8, 173.115,] sections 171.8, 173.115, and 173.132
of title 49, Code of Federal Regulations) per year,
maintain, for at least two years, historical documentation of
structural inspection and maintenance activities for such
tunnels, including information on the methods of ingress and
egress into and out of the tunnel, the types of cargos
typically transported through the tunnel, and schematics or
blueprints for the tunnel, when available. Upon request, a
railroad carrier shall provide periodic briefings on such
information to the governments of the local jurisdiction in
which the tunnel is located, including updates whenever a
repair or rehabilitation project substantially alters the
methods of ingress and egress. Such governments shall use
appropriate means to protect and restrict the distribution of
any security sensitive information (as defined in [part 1520.5]
section 1520.5 of title 49, Code of Federal Regulations)
provided by the railroad carrier under this section, consistent
with national security interests.
* * * * * * *
SEC. 416. SAFETY INSPECTIONS IN MEXICO.
Mechanical and brake inspections of rail cars performed in
Mexico shall not be treated as satisfying United States rail
safety laws or regulations unless the [Secretary of
Transportation] Secretary certifies that--
(1) * * *
* * * * * * *
(4) the Federal Railroad Administration is permitted
to perform onsite inspections for the purpose of
ensuring compliance with the requirements of this
[subsection] section.
SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE.
(a) * * *
* * * * * * *
(c) Use of Bridge Management Programs Required.--The
Secretary shall instruct bridge experts to obtain copies of the
most recent bridge management programs of [each railroad] each
railroad carrier within the expert's areas of responsibility,
and require that experts use those programs when conducting
bridge observations.
* * * * * * *
TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
* * * * * * *
SEC. 503. ESTABLISHMENT OF TASK FORCE.
(a) * * *
(b) Model Plan and Recommendations.--The task force
established pursuant to subsection (a) shall develop--
(1) a model plan to assist rail passenger carriers in
responding to [passenger rail accidents] rail passenger
accidents;
(2) recommendations on methods to improve the
timeliness of the notification provided by passenger
rail carriers to the families of passengers involved in
a [passenger rail accident] rail passenger accident;
(3) recommendations on methods to ensure that the
families of passengers involved in a [passenger rail
accident] rail passenger accident who are not citizens
of the United States receive appropriate assistance;
and
(4) recommendations on methods to ensure that
emergency services personnel have as immediate and
accurate [a count of the number of passengers onboard
the train] a count of the number of passengers aboard
the train as possible.
* * * * * * *
(d) Definitions.--In this section, the terms ``passenger''
and ``rail passenger accident'' have the meaning given those
terms by section 1139 of this title.
TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER [SOLID WASTE
FACILITIES] SOLID WASTE RAIL TRANSFER FACILITIES
* * * * * * *
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER [SOLID WASTE
TRANSFER FACILITIES] SOLID WASTE RAIL TRANSFER
FACILITIES.
(a) * * *
* * * * * * *
----------
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
* * * * * * *
Sec. 4. (a) In General.--[For each of fiscal years 2006
through 2012, the balance of each annual] For each fiscal year
through fiscal year 2016, the balance of each annual
appropriation made in accordance with the provisions of section
3 remaining after the distributions for administrative expenses
and other purposes under subsection (b) and for multistate
conservation grants under section 14 shall be distributed as
follows:
(1) * * *
* * * * * * *
(b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
(1) In general.--
(A) Set-aside for administration.--[From the
annual appropriation made in accordance with
section 3, for each of fiscal years 2006
through 2012, the Secretary] From the annual
appropriation made in accordance with section 3
for each fiscal year through fiscal year 2016,
the Secretary of the Interior may use no more
than the amount specified in subparagraph (B)
for the fiscal year for expenses for
administration incurred in the implementation
of this Act, in accordance with this section
and section 9. The amount specified in
subparagraph (B) for a fiscal year may not be
included in the amount of the annual
appropriation distributed under subsection (a)
for the fiscal year.
[(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
[(i) for each of fiscal years 2001
and 2002, $9,000,000;
[(ii) for fiscal year 2003,
$8,212,000; and
[(iii) for fiscal year 2004 and each
fiscal year thereafter, the sum of--
[(I) the available amount for
the preceding fiscal year; and
[(II) the amount determined
by multiplying--
[(aa) the available
amount for the
preceding fiscal year;
and
[(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.]
(B) Available amounts.--The available amount
referred to in subparagraph (A) is, for each
fiscal year, the sum of--
(i) the available amount for the
preceding fiscal year; and
(ii) the amount determined by
multiplying--
(I) the available amount for
the preceding fiscal year; and
(II) the change, relative to
the preceding fiscal year, in
the Consumer Price Index for
All Urban Consumers published
by the Department of Labor.
* * * * * * *
----------
INTERNAL REVENUE CODE OF 1986
* * * * * * *
Subtitle I--Trust Fund Code
* * * * * * *
CHAPTER 98--TRUST FUND CODE
* * * * * * *
Subchapter A--Establishment of Trust Funds
* * * * * * *
SEC. 9504. SPORT FISH RESTORATION AND BOATING TRUST FUND.
(a) * * *
(b) Sport Fish Restoration and Boating Trust Fund.--
(1) * * *
(2) Expenditures from Trust Fund.--Amounts in the
Sport Fish Restoration and Boating trust Fund shall be
available, as provided by appropriation Acts, for
making expenditures--
(A) to carry out the purposes of the Dingell-
Johnson Sport Fish Restoration Act [(as in
effect on the date of the enactment of the
Surface Transportation Extension Act of 2011,
Part II)] (as in effect on the date of
enactment of the Sportfishing and Recreational
Boating Safety Act of 2012),
(B) to carry out the purposes of section
7404(d) of the Transportation Equity Act for
the 21st Century [(as in effect on the date of
the enactment of the Surface Transportation
Extension Act of 2011, Part II)] (as in effect
on the date of enactment of the Sportfishing
and Recreational Boating Safety Act of 2012),
and
(C) to carry out the purposes of the Coastal
Wetlands Planning, Protection and Restoration
Act [(as in effect on the date of the enactment
of the Surface Transportation Extension Act of
2011, Part II)] (as in effect on the date of
enactment of the Sportfishing and Recreational
Boating Safety Act of 2012).
* * * * * * *
(d) Limitation on Transfers to Trust Fund.--
(1) * * *
(2) Exception for prior obligations.--Paragraph (1)
shall not apply to any expenditure to liquidate any
contract entered into (or for any amount otherwise
obligated) [before April 1, 2012, in accordance] before
October 1, 2016, in accordance with the provisions of
this section.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle II--Vesels and Seamen
* * * * * * *
Part I--State Boating Safety Programs
* * * * * * *
CHAPTER 131--RECREATIONAL BOATING SAFETY
* * * * * * *
Sec. 13107. Authorization of appropriations
(a)(1) * * *
(2) The Secretary shall use not more than [two] 1.5 percent
of the amount available each fiscal year for State recreational
boating safety programs under this chapter to pay the costs of
investigations, personnel, and activities related to
administering those programs.
* * * * * * *
[(c)(1) Of the amount transferred to the Secretary under
subsection (a)(2) of section 4 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is
available to the Secretary for payment of expenses of the Coast
Guard for personnel and activities directly related to
coordinating and carrying out the national recreational boating
safety program under this title, of which not less than
$2,000,000 shall be available to the Secretary only to ensure
compliance with chapter 43 of this title.]
(c)(1) Of the amount transferred to the Secretary under
section 4(a)(2) of the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777c(a)(2))--
(A) $6,000,000 is available to the Secretary for the
payment of expenses of the Coast Guard for personnel
and activities directly related to coordinating and
carrying out the national recreational boating safety
program under this title, of which not less than
$2,000,000 shall be available to the Secretary only to
ensure compliance with chapter 43 of this title; and
(B) $100,000 is available to fund the activities of
the National Boating Safety Advisory Council
established under this chapter.
* * * * * * *
DISSENTING VIEWS
In the wake of the greatest recession since the Great
Depression, more than 2.5 million construction and
manufacturing workers are still out of work. Passage of Federal
surface transportation legislation is critical to both the
nation's continued economic recovery and our long-term economic
competitiveness. We desperately need increased infrastructure
investment to create American jobs, restore our nation's
economic growth, greatly improve quality of life in our
communities, and reduce the nation's dependence on imported
oil. If investment levels are adequate and directed toward the
system's greatest needs, the benefits of this investment will
reach every American and every business and offer reduced
congestion, improved travel times, expanded transportation
options, improved safety, and direct and indirect job creation.
We had hoped that the Committee on Transportation and
Infrastructure would develop legislation demonstrating a
commitment to reforming the nation's surface transportation
programs to meet the needs of the 21st Century, and addressing
the nation's well documented surface transportation needs.
Unfortunately, H.R. 7 fails on both fronts. As reported by the
Committee, the bill fails to provide the necessary investment
levels to build the nation's surface transportation network,
and undermines the intermodal nature of the nation's surface
transportation system. In fact, the bill cuts Federal-aid
highway investment by $15.8 billion--destroying 550,000 family-
wage jobs over the coming years.
With the nation's surface transportation network at a
crisis point, we are deeply troubled that, instead of coming
together to build on the longstanding, bipartisan traditions of
this Committee and develop a forward-looking proposal that
meets nation's surface transportation infrastructure needs, our
Republican colleagues have put forth a proposal that cuts
funding, destroys jobs, undermines safety, and dramatically
limits public participation in the surface transportation
process. This bill is filled with special-interest provisions
and ideological attacks on long-standing surface transportation
programs and policies. In addition, the changes made by H.R.
3864, as reported by the Committee on Ways and Means, undermine
the user-financed system that has provided dedicated revenues
for both highway and public transit investment for decades.
We are saddened that, for the first time in the Committee's
storied history, the majority is bringing a partisan surface
transportation bill to the Floor. As currently drafted, this
bill lacks credibility, and will not become law. We urge our
Republican colleagues to end this partisan game and work with
us to invest in our nation and put Americans back to work.
1. Funding and Revenues
We are particularly troubled with the impact of H.R. 7 on
American jobs. Despite our Republican colleagues' insistence
that H.R. 7 is a critical aspect of their job creation agenda,
the legislation actually cuts Federal-aid highway investment by
$15.8 billion when compared to the fiscal year 2011 investment
level. This cut will destroy 550,000 family-wage jobs over the
coming years. The Transportation Construction Coalition, which
represents 28 national transportation construction and labor
organizations, has written to the Committee that any cuts from
current investment levels ``are real, and all involved should
be clear that this is a step away from job creation and
preservation.''
We are also very concerned that only five States will
receive more in Federal-aid highway investment over the life of
the bill when compared to a five-year investment total based on
current law funding levels (FY 2011). As reported, H.R. 7
short-changes surface transportation investment, allowing the
nation's infrastructure investment deficit to continue to grow,
and significantly undermines the job creation potential of this
legislation.
Federal-Aid Highway Funding
COMPARISON OF CURRENT LAW AND H.R. 7
[In dollars]
----------------------------------------------------------------------------------------------------------------
5-Year Investment 5-Year Investment
State Based on Current Based on H.R. 7 Difference
Law (FY 2011) (FY 2012-2016)
----------------------------------------------------------------------------------------------------------------
Alabama.......................................... 3,936,513,785 3,577,320,987 -359,192,798
Alaska........................................... 2,601,654,825 1,562,249,935 -1,039,404,890
Arizona.......................................... 3,796,307,150 3,529,808,058 -266,499,092
Arkansas......................................... 2,686,373,045 2,226,235,526 -460,137,519
California....................................... 19,043,669,975 18,319,117,341 -724,552,634
Colorado......................................... 2,774,530,160 2,684,197,639 -90,332,521
Connecticut...................................... 2,606,039,695 2,270,861,848 -335,177,847
Delaware......................................... 877,699,050 809,537,781 -68,161,269
District of Columbia............................. 827,890,730 802,318,331 -25,572,399
Florida.......................................... 9,830,701,585 8,949,798,846 -880,902,739
Georgia.......................................... 6,699,554,405 6,168,169,871 -531,384,534
Hawaii........................................... 877,571,265 812,421,352 -65,149,913
Idaho............................................ 1,484,055,620 1,248,018,780 -236,036,840
Illinois......................................... 7,376,867,925 6,492,135,827 -884,732,098
Indiana.......................................... 4,943,973,945 4,414,789,297 -529,184,648
Iowa............................................. 2,496,689,110 2,345,749,617 -150,939,493
Kansas........................................... 1,960,762,820 2,135,084,672 174,321,852
Kentucky......................................... 3,447,472,360 3,023,919,656 -423,552,704
Louisiana........................................ 3,641,649,935 3,109,807,385 -531,842,550
Maine............................................ 957,785,850 877,980,374 -79,805,476
Maryland......................................... 3,109,330,355 3,322,040,295 212,709,940
Massachusetts.................................... 3,151,260,980 3,182,985,435 31,724,455
Michigan......................................... 5,462,948,555 5,245,485,840 -217,462,715
Minnesota........................................ 3,383,394,820 3,070,272,344 -313,122,476
Mississippi...................................... 2,509,452,930 2,235,048,579 -274,404,351
Missouri......................................... 4,911,992,200 4,190,625,827 -721,366,373
Montana.......................................... 2,128,864,565 1,612,281,940 -516,582,625
Nebraska......................................... 1,499,728,110 1,546,696,794 46,968,684
Nevada........................................... 1,884,077,085 1,476,268,498 -407,808,587
New Hampshire.................................... 857,281,050 824,643,931 -32,637,119
New Jersey....................................... 5,180,583,835 5,111,470,674 -69,113,161
New Mexico....................................... 1,905,403,175 1,773,405,471 -131,997,704
New York......................................... 8,709,302,770 8,103,420,242 -605,882,528
North Carolina................................... 5,401,430,945 5,205,726,556 -195,704,389
North Dakota..................................... 1,288,163,500 1,286,572,625 -1,590,875
Ohio............................................. 6,954,907,100 6,521,011,770 -433,895,330
Oklahoma......................................... 3,290,688,480 2,907,164,872 -383,523,608
Oregon........................................... 2,593,421,530 2,294,326,235 -299,095,295
Pennsylvania..................................... 8,513,165,010 7,564,818,148 -948,346,862
Rhode Island..................................... 1,134,738,290 906,229,415 -228,508,875
South Carolina................................... 3,257,529,525 3,218,463,389 -39,066,136
South Dakota..................................... 1,463,248,565 1,286,729,334 -176,519,231
Tennessee........................................ 4,384,546,675 3,940,348,353 -444,198,322
Texas............................................ 16,373,844,700 16,225,291,901 -148,552,799
Utah............................................. 1,671,634,775 1,512,605,524 -159,029,251
Vermont.......................................... 1,053,052,205 812,816,960 -240,235,245
Virginia......................................... 5,280,022,395 4,919,101,465 -360,920,930
Washington....................................... 3,517,425,230 3,253,568,918 -263,856,312
West Virginia.................................... 2,267,507,355 1,813,712,495 -453,794,860
Wisconsin........................................ 3,904,064,605 3,282,857,230 -621,207,375
Wyoming.......................................... 1,329,239,180 1,407,412,707 78,173,527
HIGHWAY FORMULA TOTAL............................ 201,240,013,730 185,412,926,890 -15,827,086,840
----------------------------------------------------------------------------------------------------------------
Prepared by Committee on Transportation and Infrastructure Democratic staff based on information provided by the
Federal Highway Administration (current law column) and Committee Republican staff (H.R. 7 column).
One of the most troubling aspects of the proposal is the
source of funding for public transportation programs.
Specifically, H.R. 3864, as ordered reported by the Committee
on Ways and Means, eliminates the deposit of 2.86 cents of
every gallon of gasoline into the Mass Transit Account of the
Highway Trust Fund. Instead, the legislation transfers $40
billion from the General Fund to a new ``Alternative
Transportation Account'' established to fund transit programs
and four highway programs previously funded out of the Highway
Trust Fund.
While we realize that this change is outside the
jurisdiction of this Committee, we are appalled that our
Republican colleagues have allowed this fundamental change in
the funding of our surface transportation system to be adopted.
By breaking the link between highways and transit and funding
from the Trust Fund, this legislation represents the
balkanization of surface transportation programs and leaves
public transportation without a dedicated revenue source.
Transit programs will have to compete with every other
discretionary priority funded by the General Fund of the
Treasury. A lack of dedicated revenue will further undermine
the ability of public transportation providers to plan for
long-term investments.
This short-sighted change to appease a minority of the
Republican caucus who insist on cutting Federal spending at any
cost is an inconceivable step backwards in surface
transportation policy. More than 600 organizations agree with
our view and have written letters of opposition to this
financing mechanism.
2. Buy America
H.R. 7 also misses an opportunity to create more American
jobs and to revive American manufacturing by failing to close
all existing loopholes in Buy America laws. We acknowledge and
support the adoption, during Committee consideration, of some
provisions originally included in H.R. 3533, the ``Invest in
American Jobs Act of 2011'', to prohibit the segmentation of
highway, transit, and rail projects to evade Buy America
requirements and the inclusion of more stringent notice
requirements prior to the issuance of a waiver from Buy America
rules. However, we are concerned that some of the changes in
the bill to address environmental streamlining may undermine
the application of these provisions. More importantly, H.R. 7
fails to close several gaping loopholes in Buy America laws.
Transit Rolling Stock Loophole: H.R. 7 continues to allow
transit rolling stock procurements to be comprised of only 60
percent U.S.-made components. Currently, the Federal Transit
Administration (FTA)'s regulations count the full cost of a
component toward the domestic origin threshold if at least 60
percent of the subcomponents of the component are made in the
United States. In practice, this means that a piece of rolling
stock can be compliant with Buy America requirements even with
as little as 36 percent of the total cost of the components of
a bus or rail car being produced in the U.S. Despite the
existing 60 percent domestic content standard for transit,
foreign-owned railcar manufacturers and suppliers continue to
keep higher-value manufacturing activities--such as design and
engineering--in their home countries. Keeping higher-value
manufacturing activities outside of the U.S. means far more
jobs are created and sustained in the home countries of these
companies, and innovation and capabilities continue to develop
outside of the U.S. A full domestic content requirement will
bring more jobs, skills, and economic activity to the U.S.
We strongly urge changes to H.R. 7 to ensure that rolling
stock is subject to the same 100 percent domestic origin
standards as steel, iron, and manufactured goods, and that the
requirement to move from 60 percent to 100 percent be phased in
over time. We strongly believe all future Federal investment in
rolling stock should fully support American jobs. Some may
argue that moving beyond 60 percent domestic content is
impractical. In reality, as domestic content requirements
increase, U.S. companies will step forward to fill the gap. In
the last few years, as FTA has made waiver applications
publicly available, several U.S. manufacturing companies have
demonstrated their ability to produce transit bus and rail car
components, such as software and streetcar rails, that were
previously assumed to be unavailable domestically.
Rail Loopholes: The bill also fails to significantly
strengthen and close loopholes for Buy America requirements
applicable to rail projects. It fails to eliminate the
exemptions from Buy America for Amtrak for capital projects
that are less than $1 million, for high-speed and intercity
passenger rail projects that are less than $100,000, and for
the Railroad Rehabilitation and Improvement Financing (RRIF)
loan program.
Waiver Loopholes: H.R. 7 also does not require the
Secretary of Transportation to publish criteria to be used to
determine whether a public interest waiver of Buy America
requirements is warranted. Currently, the Secretary has
complete discretion to decide on what basis to issue a public
interest waiver, and these factors can vary from wavier to
wavier and from one Administration to the next. We urge
inclusion of language to define and set forth specific criteria
that will be used by the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad
Administration, and Amtrak when considering whether to grant a
public interest waiver. H.R. 7 also does not address the
multitude of standing public interest and nationwide waivers
that have been in place for decades. For instance, the Federal
Highway Administration has a standing waiver for all
manufactured goods, put in place during the initial rulemaking
to implement Buy America in 1983. Similarly, the Federal
Transit Administration has a general public interest waiver in
place for software, even though software development is now
done in the U.S. We believe that a review within one year, and
every five years thereafter, of all such standing waivers is
warranted.
3. Limiting Environmental Review and Public Participation for Highway
and Rail Projects
The review process that is established under the National
Environmental Policy Act (NEPA) and substantive environmental
protections provided by a host of other Federal laws are
intended to ensure that the impacts of transportation projects
funded with Federal dollars are fully analyzed, other Federal
agencies and the public have input into the decision-making
process, a range of alternatives are considered, and
environmental impacts are mitigated. Although H.R. 7 does not
actually amend NEPA or other environmental laws directly, the
effect of the legislation is to significantly limit or preclude
their application to projects authorized under Title 23 and to
rail projects. We have serious concerns that the changes made
in the bill, which are extremely broad and far reaching, and
significant detrimental impacts to both environmental review
and public participation in the development and approval of
such projects.
According to the Federal Highway Administration (FHWA),
only about four percent of all projects funded through FHWA
programs require an Environmental Assessment (EA) or
Environmental Impact Statement (EIS). Of the remaining projects
funded by FHWA, 96 percent are processed as categorical
exclusions--the least intensive environmental review process
under NEPA--and all project review is completed, on average, in
2.4 to six months. In the case of FTA, 99 percent of projects
are processed as categorical exclusions, and all review
resolved, on average, in less than six months. Despite this,
NEPA and other Federal environmental laws are frequently cited
as the main cause of delays in project delivery. Available data
shows, however, that a lack of funding, changes in project
design and scope, low priority and local controversy, and the
complexity of a project are generally cited as more significant
factors in project delivery delay than environmental review.
Still, in an effort to improve the effectiveness of
environmental review processes with respect to highway and
transit projects, significant changes to Title 23 were made in
the last reauthorization bill (Pub. L. 109-58). The majority of
these changes have been implemented, and according to FHWA, the
efficiency of environmental reviews has improved significantly
since their adoption. Still, there has been an ongoing push by
our Republican counterparts to further limit environmental
review under the guise of project streamlining. While we
strongly support efficient review of projects to ensure timely
project delivery, we believe it is possible to balance these
needs with adequate opportunity for public input and
environmental review. Unfortunately, H.R. 7 ignores that
balance with respect to projects authorized under Title 23. Of
further concern, the bill applies the same ``streamlining''
provisions part and parcel to rail projects that receive
Federal funds, despite the fact that there is no data nor has
the Committee held one hearing indicating a correlation between
the NEPA review process and a delay in rail project delivery.
Waivers of NEPA for Certain Projects: The bill completely
waives the application of NEPA for all highway and rail
projects where the Federal share of the cost is less than $10
million or 15 percent of the cost of the project. This
arbitrary threshold for declaring a project to be exempt from a
NEPA review process ignores the potential scope and impacts of
the project on both the environment and the local community.
This arbitrary approach is of particular concern in cases where
a large-scale project may have a Federal cost share that does
not meet the percentage threshold. This outright waiver also
means that the provisions to prohibit segmentation to avoid
compliance with Buy America laws adopted during Committee
consideration of the bill may not apply to these projects.
The bill would also exempt the reconstruction of any road,
highway, bridge, or rail project that is damaged in an
emergency from any further review under NEPA and a wide range
of other environmental laws if replacement is in the same
location, with the same capacity, dimension, and design as
before the emergency. Although we strongly agree that the quick
replacement of public infrastructure after an emergency is the
highest priority, it is not clear why an exemption from
environmental laws is needed to accomplish this goal.
Currently, any facility rebuilt with Emergency Relief program
funds are categorically excluded under NEPA. Additionally, the
Council on Environmental Quality and other Federal agencies
already have policies, procedures, and legal authorities in
place to expedite any needed reviews, and there are numerous
examples that demonstrate the ability to expedite emergency
infrastructure decisions.
For instance, in the case of levees and other flood control
structures damaged in the New Orleans metropolitan area after
Hurricane Katrina, reconstruction took place in ten months. As
another example, in the case of the 1-35W bridge collapse in
Minneapolis, Minnesota, reconstruction took place in 339 days
with no waiver of environmental laws. In both examples, the
reconstruction activities were carried out in accordance with
current environmental laws and regulations, which had virtually
no impact on time required to complete the reconstruction work.
However, in both situations, it was the availability of full
funding for the projects that may have been the most important
factor for their expedited completion. In our view, this fact
highlights a major concern with the focus of this bill--it
claims to expedite project delivery by eliminating substantive
and procedural environmental protections, but short-changes
long-term funding of transportation programs. These examples
show that the real causes of delay may be exactly the opposite
of this bill's focus.
Limits on the Review Process: We are also concerned that,
in addition to significantly limiting the universe of highway
and rail projects that would be subject to review and public
participation under NEPA, the bill places limitations on the
review process itself. Specifically, H.R. 7 limits
consideration of alternatives that would need to be considered
as a project is analyzed; limits the assessment of cumulative
impacts; mandates the use of certain documents in the review
process and allows the use of documents that are not subject to
agency consultation or judicial review; limits input by other
Federal agencies and sets arbitrary timelines for agency
participation that, if not met, deems the agencies to be in
concurrence with the decisions of the Secretary of
Transportation; establishes timelines for approvals or
determinations under other Federal laws that, if not met, then
the project is deemed to be in compliance with those laws; and
limits or precludes judicial review in numerous circumstances.
Short Circuiting the Public Process: In addition, the bill
allows States to acquire real property interests, carry out
final design activities, and let contracts before a NEPA review
process has been completed. This process raises serious
questions about project outcomes being predetermined and
undermines the public's role in the selection of a preferred
alternative.
Again, while we support timely project delivery, it is
already the case that the vast majority of projects require the
minimal review process established under NEPA. For those
remaining four or five percent of projects, it is
understandable that, because of their size, complexity, or
potential impact to local communities or the environment, a
more robust Federal, state, and local review and input is
warranted. To further limit or bias the review process of these
larger and more complex projects that warrant a broader review
and analysis, as this bill does, is to limit the ability of the
public to fully consider alternatives and to ignore the
potential impacts of these projects to the environment and the
community.
State Delegation: For both highway and rail projects, the
bill authorizes the Secretary of Transportation to establish a
program that would allow States to use state laws and
procedures to conduct reviews and make approvals in lieu of any
Federal environmental laws and regulations if the Secretary
determines the State's environmental review and approval
procedures are ``substantially equivalent'' to the Federal laws
and regulations. This delegation of authority has been allowed
in the case of NEPA under a pilot program that only one State
has taken advantage of to date. Although we support the
continuation of this pilot program, a one-state pilot program
does not provide enough information or data on which to make
permanent changes to law that affect all States; nor does it
provide the data that would support turning the implementation
and enforcement of all Federal environmental laws over to the
States.
In addition, in the case of other environmental laws, we
are concerned that the Secretary of Transportation is charged
with making a determination regarding the adequacy of state
programs and not the Federal agencies responsible for and
expert in these laws. In other words, this bill gives the
Secretary of Transportation the sole authority to delegate the
statutory responsibilities and authorities of other Federal
agencies. There is no requirement for the Secretary to receive
the concurrence of these agencies before doing so. In addition,
unlike the provisions set forth in the last reauthorization to
grant States authority to assume the Secretary of
Transportation's responsibilities for NEPA review, this new
provision does not stipulate that States that assume these new
responsibilities shall be solely responsible and solely liable
for complying with and carrying out the laws and does not
require States who establish such programs to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of these responsibilities. The fact
that these requirements do not apply to this section, while
they do apply to the responsibilities to carry out and enforce
NEPA, would imply that no such assumption of responsibility is
expected. We question, then, who would bear legal
responsibility if Federal laws were not adequately implemented
and enforced. This issue is further complicated by the fact
that the bill stipulates compliance with a permit issued by a
State under a Secretarially-approved program is deemed in
compliance with Federal law regardless of whether the
requirements of the Federal law are actually being met.
This provision also ignores the fact that several Federal
laws, including the Clean Water Act and the Clean Air Act,
already have a statutory process for delegating
responsibilities to the States under certain circumstances. For
example, under the Clean Water Act, 46 of 50 States have been
approved by the Environmental Protection Agency (EPA) to manage
their Clean Water Act point source permitting program, and all
States have been approved by EPA to manage their Clean Air Act
programs. However, if this provision were to become law, it is
possible a State that did not qualify for such delegation (or
had such delegation revoked) under the Clean Water Act or the
Clean Air Act could then be given this responsibility by the
Secretary of Transportation for transportation projects, in
direct conflict with other Federal laws.
Limitation on Law Suits: We are also concerned that the
bill bars any claim arising under Federal law for any project
unless it is filed within 90 days after the final approval of
the project is published in the Federal Register. Current law
allows 180 days for claims to be filed and that deadline was
already shortened from six years in the last reauthorization.
This limit on the public's right to challenge a project
decision combined with all the other amendments in the bill
intended to limit the NEPA process will have significant
impacts on the public participation in the development and
delivery of transportation projects.
New Activities Classified as Categorical Exclusions: We are
concerned that H.R. 7 categorizes any project within a right-
of-way, any extension of a rail line in a right of way, or the
replacement of any railroad-related facilities as a class of
action categorically excluded from review under NEPA,
regardless of the scope of the project. While we support the
concept of expedited procedures within the existing footprint
of a facility, the arbitrary application of the categorical
exclusion authority under NEPA ensures that many projects that
could have significant impact on the environment and local
communities will not go through any significant review. For
instance, a community may have a two-lane road today, but own
enough right-of-way to support an eight-lane superhighway.
Under H.R. 7, the State and local transportation agencies could
expand that road to eight lanes with no consideration of
alternatives, no analysis of impacts, and no public input in
the decision-making process.
Yet, at the same time, section 3017 of the bill, as
reported, also stipulates that the Secretary of Transportation
shall treat an activity carried out under Title 23 as a class
of action categorically excluded under NEPA. Thus, any highway,
transit, bridge, tunnel, multimodal project or railway crossing
that receives Federal-aid highway funding is subject to only
the most cursory review and virtually no public input,
regardless of the scope of the project.
270-Day Time Limit: Finally, with respect to projects
carried out under Title 23, section 3018 of H.R. 7, as
reported, provides that, notwithstanding any other provision of
law, any environmental review process for a highway project
under NEPA or any other applicable environmental law shall be
completed within 270 days after it is initiated, and if it is
not completed, it shall be deemed to have no significant impact
on the environment under NEPA and be considered a final agency
action, warranting no further review. Furthermore, the bill
limits the ability to appeal this action, and does not make
clear what occurs in cases where reviews or permit processes
under other environmental laws are not complete.
As stated earlier, more than 90 percent of FHWA and FTA
projects are already categorically excluded under NEPA from
needing a broad review that warrants the development of an EIS.
The projects that do warrant the development of an EIS are
those projects that will have the most significant
environmental and community impacts and need greater
deliberation and public input. These projects will likely be
larger and more complex. Establishing an arbitrary and
unreasonable deadline on the review process does not make
sense.
We are also concerned that the project sponsor could simply
delay the NEPA review process and, with the passage of 270
days, would be deemed in compliance with the law. Any delays in
the ability to implement review and permit requirements could
simply result in compliance with those laws after 270 days
regardless of whether the requirements were actually met. Or,
if the States were to assume NEPA authority or authority for
other environmental laws as discussed above, any delays in the
ability to implement review and permit requirements could
simply result in compliance with those laws after 270 days
regardless of whether the requirements were actually met.
In short, while we strongly support timely project
delivery, we do not think the drastic changes made in this bill
in the name of streamlining are necessary to achieve that goal,
and we remain very concerned about the impacts these changes
will have on the public participation process and the
assessment of impacts to the environment.
Presidential Permit: We acknowledge that our Republican
colleagues agreed to an amendment during Committee
consideration offered by Mr. DeFazio to strike section 3003,
``Expedited Permits'', from the bill. This section authorized
the President to issue an ``expedited permit'' for any
transportation infrastructure project (including highway,
bridge, rail, transit, or interstate pipeline projects) if the
President determined that the project will enhance the economic
competitiveness of the United States. Not only did the
provision give the President unfettered authority to approve a
project, it also deemed any project approved using this
authority to be in compliance with all applicable Federal laws
and regulations. Furthermore, neither the submission of a
project for consideration or the approval of any permit would
have been subject to judicial review. Section 3003 would have
allowed the President to approve any project, anytime,
anywhere, anyhow without consideration of alternatives under
NEPA. Further, other Federal laws, such as those governing
civil rights, worker safety and labor standards, and water and
air pollution could have also been waived. We are pleased that
this provision was deleted and would strongly oppose any
attempt to revisit this issue during Floor action.
4. Federal-Aid Highways
Lack of Accountability: Although we support our Republican
colleagues' efforts to restructure and consolidate Federal-aid
highway programs, we are, however, concerned that the program
as proposed will become nothing more than a block grant to the
States, with little or no accountability for achieving specific
outcomes with the Federal investment. As the Government
Accountability Office has stated, the lack of clear Federal
goals and the flexibility given to States under current surface
transportation programs undermines the effectiveness of these
programs in addressing key surface transportation
challenges.\1\ H.R. 7 expands this flexibility with few if any
linkages between performance requirements and accountability
for achieving outcomes. Despite our Republican colleagues'
claims that this bill will allow States to invest in their most
critical infrastructure needs, it is not clear how this will be
achieved or overseen; nor will there be any significant
consequences for States that fail to achieve this outcome. If
we are to ensure that taxpayers receive the most for their
investment in surface transportation programs, the bill must
require transparency in funding decisions by States and include
provisions linking performance management and accountability in
the use of Federal gas tax revenue.
---------------------------------------------------------------------------
\1\Surface Transportation: Restructured Federal Approach Needed for
More Focused, Performance-Based, and Sustainable Programs. GAO-08-400;
Washington, DC; March 2008.
---------------------------------------------------------------------------
Disadvantaged Business Enterprise: We are pleased that the
Disadvantaged Business Enterprise (DBE) program is continued in
H.R. 7. This program is critical to ensuring equal opportunity
in surface transportation contracting. We are concerned,
however, that our Republican colleagues rejected efforts during
Committee consideration to strengthen this program by
increasing oversight, prohibiting excessive or discriminatory
bonding requirements, and statutorily requiring annual
adjustments to the personal net worth cap. These proposals
would have made improvements to the program to address the
under-representation and continuing discrimination in surface
transportation contracting.
Highway Bridge Funding: We are also concerned about the
treatment of highway bridges in H.R. 7. With one in every four
bridges in the nation classified as deficient, we believe that
investments in addressing highway bridge deficiencies should be
a priority in the use of Federal-aid highway funding. Although
States would be required to invest an amount equal to 10
percent of their National Highway System (NHS) and Surface
Transportation Program (STP) funds on highway bridge projects
on the NHS, the amount of funds provided for bridges is
significantly less than the $4.85 billion currently provided
under the Highway Bridge Program. We support efforts to double
the NHS bridge set-aside from 10 to 20 percent.
We are also concerned that the formula established for the
new NHS program does not include a factor relating to bridge
conditions. This approach moves away from the needs-based
formula in the distribution of the existing Highway Bridge
program and shifts core highway formula funding away from
States with significant bridge investment needs.
Transportation Enhancements: H.R. 7 also undermines
transportation options and pedestrian safety through the
elimination of the current transportation enhancement (TE) set-
aside. This set-aside allows States to choose to implement low-
cost transportation options that improve quality of life and
enhance roadway safety. Pedestrians and cyclists currently
account for approximately 13 percent of all fatalities
involving motor vehicles. The TE set-aside allows States to
develop appropriate facilities for these modes, which is
essential in reducing the highway fatality rate.
Public Lands Highways Program: We are also concerned about
the changes to the Federal lands Programs under the bill. While
we are not necessarily opposed to efforts to consolidate and
streamline the current program, we are concerned that the bill
would give Federal Land Management agencies significant
flexibility in the administration of these programs at the
expense of the State and local governments. Specifically, we
oppose the elimination of funding that goes directly to States
and local governments through the elimination of the Public
Lands Highways Program. Currently, 41 States receive funding
under this program, with most of the funds going to State and
county road projects. The elimination of the Public Lands
Highways Program will require State and local governments to
assume the costs of maintaining and improving roads that
provide access to and through Federal lands. The bill imposes a
significant cost on States and local governments who own the
roads but who do not derive any significant revenues from the
Federal land.
Mandates on States and Limits on Local Decision-making:
Although the bill purports to provide States broad flexibility
to manage their Federal-aid highway programs, we are concerned
that the proposal includes a number of new provisions and
mandates that would undermine local decision-making and
control. Specifically, H.R. 7 includes a mandate that State
departments of transportation use private-sector firms for
engineering and design services on Federal-aid highway
projects. The bill also requires States to conduct an analysis
of all projects costing more than $500 million to determine if
the use of public-private partnerships should be considered.
Such provisions limit the ability of States to manage their
programs, and steer them toward choices they may not have made
otherwise, and which may be more costly.
Similarly, H.R. 7 includes a provision allowing the
Governor of a State to modify a local Transportation
Improvement Plan (TIP) without the agreement of the affected
Metropolitan Planning Organization (MPO). This provision
undermines current law and local control and shifts the balance
of power within metropolitan regions.
State Infrastructure Banks: We do not support the inclusion
of a new program to reward States that establish a State
Infrastructure Bank (SIB). We recognize the role SIBs can play
in a State's surface transportation program, and do not object
to increasing the amount of formula funding that a State can
choose to use toward capitalizing a SIB. However, only 32
States (including Puerto Rico) have established a SIB. There
are many reasons why States may choose not to capitalize a SIB:
lack of statutory authority, concerns over impact on its debt
limit and bond rating, or inability to generate revenue to
repay a SIB loan. The creation of this new program incentivizes
States to establish an entity that they may not believe is in
their best interest.
Projects of Regional and National Significance (PNRS)
Program: We are also concerned that H.R. 7 does not include a
program to provide funding for high-cost transportation
projects of national or regional importance to the surface
transportation system. Under the current state-based formula
distribution of Federal-aid highway funds, large, freight-
based, multi-jurisdictional projects do not fare well. We
believe that the establishment of a competitive, merit-based
grant program will provide funding for the development of
projects with national or regional--as opposed to local--
benefits that will improve the operation of the nation's
intermodal freight transportation network and strengthen the
nation's economic competitiveness.
Undermines the Obligation to Mitigate Project Impacts on
the Environment: We recognize that surface transportation
projects have an impact on the natural environment, including
wetlands and natural habitat. Federal law, including the Clean
Water Act, attempts to reduce the impact by establishing a
process to, first, avoid and minimize potential impacts to the
environment, whenever possible, and to ensure that those
impacts are adequately mitigated should they occur. As recent
flooding events demonstrate, unrestrained development and
unmitigated impacts to wetlands can exacerbate the size and
scope of flooding events, and put downstream communities at
greater risk.
In recent years, both the Government Accountability Office
(GAO) and the National Academy of Sciences have reviewed the
adequacy of Federal mitigation activities, including the
mitigation of surface transportation projects. Both
organizations have questioned whether the current statutory
obligations are adequate to address the impacts of projects to
the environment, and have highlighted instances where project
sponsors have avoided meeting their legal mitigation
responsibilities altogether.
In that light, we are concerned with the provisions in H.R.
7 that propose significant changes to the Title 23 mitigation
requirements. H.R. 7 dilutes the statutory requirement for
mitigation by allowing project sponsors to delay any efforts to
redress losses until after a project is completed. These
changes would allow project sponsors to defer any efforts to
mitigate project impacts, even financial contributions to
commercial mitigation banks or third-party mitigation efforts,
until the very end of the process, potentially when the funding
for the project has been fully obligated, the impacts to the
environment have already occurred, and the chances of
additional funding solely for mitigation activities would be
exhausted.
In our view, this intentional and unnecessary delay for
mitigation requirements further marginalizes the importance of
restoring losses to wetlands and habitat, as required by
Federal law, and increases the likelihood of potential flooding
and other consequences from unmitigated impacts of construction
projects. In addition, this bill marks the first time that
project sponsors would be statutorily authorized to mitigate
any and all potential impacts to the environment after the
project is completed--a standard that is inconsistent with the
current provisions of Title 23 (``concurrent with or in advance
of project construction'') or the statutory obligations
followed by other agencies, such as the Corps of Engineers, in
section 906 of the Water Resources Development Act of 1986
(``mitigation . . . shall be undertaken . . . before any
construction of the project . . . commences, or . . .
concurrently . . . with the physical construction of such
project.'').
We are equally concerned about the elimination of the
current law requirement that any mitigation activities funded
under Title 23 be carried out ``in accordance with applicable
Federal law and regulations.'' We can only surmise that this
change was intended to further weaken the statutory
requirements that sponsors adequately mitigate the impacts of
projects on the environment.
We are unaware of any evidence to suggest that the current
mitigation timing has been a burden, especially if the selected
mitigation option is undertaken through financial contributions
to a commercial mitigation bank or other third-party activity.
No hearings were undertaken, or testimony received, that
suggests the mitigation changes proposed in H.R. 7 are
warranted, or what their potential impact might be; however,
there is strong evidence that further weakening of the
statutory mitigation obligations will further reduce the
chances of mitigation success.
5. Public Transportation
As discussed under the funding section, we are deeply
concerned with the changes to the sources of funding for public
transportation programs. Removing dedicated, user-financed
transit funding from the Highway Trust Fund is a short-sighted
change that breaks long-standing transportation policy. In
addition to our strong objection to this change, there are a
number of other programmatic and policy concerns contained in
Title II of the bill, as reported.
Bus and Bus Facilities: We are concerned with changes to
the distribution of funds under the Bus and Bus Facilities
grant program. H.R. 7 distributes funds under this program
through a newly created formula rather than on a discretionary
basis as was the case before this bill. While we do not object
to the funds being distributed by formula, a change in program
eligibility now prohibits any transit system that operates
heavy rail, commuter rail, or light rail to receive funding
under the program. This bill significantly limits the
availability of Federal bus grant funding for the nation's
transit systems in large population centers. In these difficult
economic times, transit systems do not have extra funds
available to undertake capital and maintenance projects without
Federal funds; they struggle to find sufficient non-Federal
sources of funds to keep their systems operating. We do not
understand the rationale for this change and oppose its
inclusion in the bill.
Privatization: We strongly oppose provisions in Title II of
H.R. 7 that mandate and subsidize the privatization of public
transit service. Specifically, section 2012 authorizes a higher
Federal share (90 percent) for the capital cost of buses and
bus-related facilities and equipment purchased with any FTA
grant funds, if a public transit agency contracts out 20
percent or more of its fixed-route bus service. At a time when
Federal resources available to invest in transit are dwindling,
we do not support directing more of these resources to for-
profit private bus companies nor do we think it is appropriate
for the Federal Government to tip the scales in favor of
private companies offering transit service. Further, a subsidy
is not needed to spur privatization. During the past decade,
the percentage of contracted, fixed-route bus service in the
U.S. has doubled on its own, without Federal taxpayer
assistance.
H.R. 7 also makes private entities eligible to receive
Federal grants funds directly, as subrecipients, under the Bus
and Bus Facilities program and the Coordinated Access and
Mobility program. Private operators already have ample
opportunity to compete for contracts with a public transit
provider. Private operators are already used extensively, for
example, in paratransit service. Competing for service that the
public sector cannot provide sufficiently or appropriately is
already something private companies do successfully.
Section 2004 of H.R. 7 further strikes the requirement that
local policies and decision-making determine the degree to
which private enterprise participation under various transit
programs is utilized. By doing so, this change essentially
mandates private-sector participation in the planning process.
Although the bill strikes the local control language, it leaves
in place sanctions if the State or MPO do not meet certain
criteria to include the private sector. This represents
unwarranted Federal intrusion into local decisions. The Federal
Government should set transit policy--not micro-manage the
choices made at the local level to meet the transit needs of
communities.
Operating Assistance: H.R. 7 fails to provide flexibility
to transit systems to use Federal funds to maintain service and
transit worker jobs at times of economic crisis. Currently,
transit systems located in urbanized areas above 200,000 in
population may only use their Federal funds for capital
projects and maintenance. With local sales tax revenues down
and state and local budgets stretched thin, transit systems are
having trouble securing the additional funds for operating and
often have no choice but to raise fares or cut service. We
strongly support the inclusion of language to allow transit
systems to use a portion of their Urbanized Area Formula grant
funds to keep buses and trains running in a time of economic
hardship: when the unemployment rate in their area is at least
seven percent or when the price of gas rises by more than 10
percent. Further, although some flexibility to use Federal
funds for operating was included during Committee consideration
for small transit systems that operate less than 100 buses
during peak hours, we believe providing maximum flexibility for
these small systems is warranted.
6. Safety
NHTSA Grant Funding: We are greatly concerned with the
funding cuts contained in Title V of the bill for highway
safety grants to States. As reported, the bill cuts over $380
million over the life of the bill in grants to States. The bill
provides only $493 million per year for the single consolidated
section 402 grant program. Comparatively, in FY 2011, Congress
provided $572 million for NHTSA's separate grant programs. The
bill cuts NHTSA safety grant funding by 16 percent per year. In
a time of tight budgets, States can ill afford to make up this
difference on their own; as a result, States will be able to
carry out fewer activities to enhance highway safety.
Motor Carrier Safety Grants: H.R. 7 delegates broad
authority to the States to carry out the Motor Carrier Safety
Assistance Program (MCSAP), yet significantly reduces the
Federal oversight over State use of Federal funds. We are
concerned that the bill changes the program guidance for MCSAP
to allow a State to go up to three years without an approved
safety plan before fully withholding MC SAP grant funds. States
will be able to continue to spend Federal funds on activities
even if the Secretary of Transportation determines that the
State's commercial vehicle safety expenditures are not
achieving the State's own safety goals.
Hours of Service: Section 6502 of H.R. 7 requires the
Secretary of Transportation to conduct a field study by April
2013 related to changes to the restart provisions in the hours
of service rule published by the Federal Motor Carrier Safety
Administration (FMCSA) on December 27, 2011. This section
further directs the Secretary to stay the rule and conduct a
new rulemaking if the results of the study do not support the
changes published by FMCSA. Congress mandated, in section 408
of the ICC Termination Act of 1995 (Pub. L. 104-88), that the
Department of Transportation (DOT) conduct a rulemaking
``dealing with a variety of fatigue-related issues pertaining
to commercial motor vehicle safety'' because the hours of
service rules governing commercial truck and bus drivers had
not been changed since 1962. FMCSA issued a final rule
implementing this mandate on April 28, 2003. Since then, the
courts have twice vacated the rules issued by FMCSA, including
specifically vacating the 34-hour restart provision in 2007.
Although we do not object to the requirement for FMCSA to
conduct further study, we are greatly concerned with a
legislative mandate to stay the rule based on the results of a
single study, when FMCSA has considered numerous studies and
data already in developing this rule. Attempts to legislatively
delay implementation of a final rule will continue the
uncertainty over what rules govern on duty time for commercial
truck drivers, and will not improve safety.
Section 6602 eliminates Fair Labor Standards Act (FLSA)
minimum wage and overtime pay protections for drivers operating
under contracts with rail carriers to transport rail carrier
employees. An exemption from FLSA requirements has existed for
motor carriers since 1935. The motor carrier exemption states
that the overtime provisions of the FLSA do not apply to any
employee for whom the Secretary of Transportation has the
authority to establish qualifications of drivers and maximum
hours of service for all drivers regardless of the size of the
vehicle. Prior to the passage of SAFETEA-LU, this exemption
applied to all employees of motor carriers or private motor
carriers, including drivers of vehicles weighing 10,000 pounds
or less. The exemption was based on DOT's authority under
section 31502 of Title 49 to prescribe requirements for maximum
hours of service. However, DOT has never subjected commercial
drivers of vehicles weighing less than 10,000 pounds to any
Federal safety standards, including hours of service. A
definitional change in SAFETEA-LU removed DOT's authority to
establish qualifications and maximum hours of service for
drivers of vehicles weighing less than 10,000 lbs. As a result,
the motor carrier exemption for drivers of lighter-weight
vehicles was eliminated and a new class of drivers became
eligible for overtime pay under FLSA. Section 6602 exempts
drivers of lighter-weight vehicles, presumably passenger vans,
under contract with rail carriers to transport rail workers to
and from worksites from FLSA requirements. We are very
concerned that these drivers are also not covered by DOT hours-
of-service rules, meaning that as a result of this change, no
Federal wage and hour laws would apply to these workers.
Agriculture exemptions: H.R. 7 also contains several
exemptions for farmers and agriculture haulers from driver
safety and hours of service rules. Although we do not object to
targeted and reasonable exemptions to facilitate the movement
of goods to market for America's farmers and agricultural
community, we believe that any exemption must carefully
consider the safety impacts.
A study conducted by FMCSA in May 2010 found that
agricultural carriers overall had higher out-of-service and
violation rates than non-agricultural carriers related to the
safe operation of commercial motor vehicles, driver
qualifications, and vehicle maintenance. Agricultural carriers
exempt from hours of service had even higher out-of-service and
violation rates than non-exempt agricultural carriers.
Several exemptions from Federal motor carrier safety
regulations already exist for farmers, including an hours-of-
service exemption during harvest and planting time within 100
miles, and an exemption from the requirements to hold a
commercial drivers' license if a farmer travels within 150
miles in a State.
Section 6505 of the bill expands the existing hours-of-
service exemption to a 150-mile radius of a farm or the source
of the commodities, but also includes 150 miles from a
wholesale or retail distribution point to a farm or where the
supplies will be used and 150 miles from the wholesale
distribution point to a retail distribution point. These
second-stage movements have always been interpreted by FMCSA as
outside the scope of the existing exemption, and do not have to
involve a farmer directly. Section 6601 of the bill exempts
farm or ranch owners or operators, and their employees or
family members, from all requirements to hold a CDL, be
medically qualified, pass a drug and alcohol test, and hours-
of-service rules. To qualify for the exemption, the vehicle
must be equipped with a special farm license plate or other
designation by the State, and must weigh less than 26,000
pounds. For vehicles weighing more than 26,000 pounds, the
exemptions still apply if the vehicle is traveling less than
150 miles from the farm or ranch. These changes represent a
significant expansion of the current allowances, without any
requirements that FMCSA evaluate the impacts of such exemptions
to ensure that they result in an equivalent level of safety.
Positive Train Control: The bill extends the deadline for
implementation of Positive Train Control (PTC) on passenger
rail lines from December 31, 2015, to December 31, 2020, and
could extend the deadline for PTC on rail lines that transport
toxic-by-inhalation hazardous materials to anytime after 2020.
PTC systems are designed to automatically prevent train-to-
train collisions, overspeed derailments, incursions into
established work zone limits, and the movement of a train
through a switch left in the wrong position. Congress mandated
installation of PTC on a bipartisan basis in the Rail Safety
Improvement Act of 2008 (Pub. L. 110-432), in the wake of one
of the most tragic rail accidents in U.S. history. On September
12, 2008, a head on collision between a freight train and
commuter train in Chatsworth, California, took the lives of 25
passengers and seriously injured 130 others. PTC has been on
the National Transportation Safety Board's (NTSB) list of most
wanted safety improvements for more than 20 years. In the past
10 years alone, the NTSB has investigated 52 rail accidents,
including four transit accidents, where the installation of PTC
would likely have prevented the accident. These accidents
include five serious accidents in 2005: Graniteville, South
Carolina; Anding, Mississippi; Shepherd, Texas; Chicago,
Illinois; and Texarkana, Arkansas. These figures, however, do
not include the numerous accidents that the Federal Railroad
Administration has investigated. In August 1999, the Railroad
Safety Advisory Committee published a report entitled
Implementation of Positive Train Control Systems, which stated
that out of a select group of 6,400 accidents that occurred
from 1988 through 1997, 2,659 of those accidents could have
been prevented had some form of PTC been implemented.
We recognize the complexities of installing PTC and
therefore the need to allow additional time for the freight and
commuter railroads to implement the 2008 mandate; however, a
deadline of 2020 or beyond is far too long. We believe that a
better approach would be to provide the Secretary with the
authority to extend the current deadline for individual
railroads for no more than three years, or December 31, 2018.
In a letter dated February 1, 2012, to a Member of Congress,
NTSB Chairman Deborah A.P. Hersman expressed its disappointment
in the delay of PTC contained in H.R. 7.
In addition to extending the PTC mandate, H.R. 7 allows
freight railroads to implement an alternative strategy in lieu
of installing PTC. The alternative strategy could provide far
less protection than required under the PTC mandate; it would
only have to ``reduce the risk'' of a release to the same
extent PTC would. According to DOT, it would not have to be
designed to achieve all that PTC is required to prevent,
including train-to-train collisions, over-speed derailments,
incursions into established work zone limits, and the movement
of a train through a switch left in the wrong positions. We
believe this subsection should be clarified to ensure that
whatever alternative strategy is utilized by the railroads and
approved by the Secretary provides a level of safety at least
equal to the level of safety that would have been provided if
PTC had been implemented.
Rail and Hazardous Materials Regulations: While H.R. 7
purports to ``improve regulations and regulatory review'', it
may, in fact, make it much more cumbersome and time-consuming
for DOT to issue regulations or guidance to protect the public
from possible safety trends or to respond to imminent safety
threats. The bill also introduces uncertainty by requiring any
regulation to be based on ``evidence'', but fails to define
what it means by ``evidence''. It also mandates that any
substantive agency guidance to recipients of Federal assistance
be subject to the requirements of the Administrative Procedure
Act, which include public notice and comment procedures, which
could prevent DOT from quickly being able to issue significant
guidance in response to imminent safety hazards.
Hazardous Materials Safety: We oppose provisions of the
bill which remove safety and health protections and endanger
workers and the traveling public. Over the last decade, there
have been 170,446 incidents involving transportation of
hazardous materials, resulting in 134 fatalities, 2,783
injuries, and more than $631 million in property damage.
Although transportation incidents involving hazardous materials
are declining, the hazardous materials industry remains one of
the most dangerous industries in which to work.
Elimination of OSHA Authority: Provisions in the bill
needlessly eliminate the authority of the Occupational Safety
and Health Administration (OSHA) to protect workers who load,
unload, and handle hazardous materials; design, manufacture,
test, and mark hazardous materials packaging, and work at fixed
facilities where hazmat is stored, including rail cars that
store hazmat inside these facilities.
Since 1970, OSHA has promulgated a number of regulations
that address the handling of hazardous materials at fixed
facilities. These include regulations governing process safety
management of highly hazardous chemicals and requirements for
handling and storing specific hazardous materials, such as
compressed gases, flammable and combustible liquids, explosives
and blasting agents, liquefied petroleum gases, and anhydrous
ammonia. OSHA regulations also address hazard communication
requirements at fixed facilities, including container labeling
and other forms of warnings, material safety data sheets, and
employee training. In addition, facilities that handle and
store hazardous materials must comply with OSHA regulations
that address more general types of workplace hazards, such as
walking and working surfaces, means of egress, noise, air-
quality, environmental control, personal protective equipment,
and fire protection.
In 1990, Congress mandated in the Hazardous Materials
Transportation Uniform Safety Act (Public Law 101-615) that
Department of Transportation (DOT) regulations would not
preempt OSHA regulations, allowing both agencies to regulate in
the hazmat arena: DOT to regulate transportation and OSHA to
regulate worker safety. It would undermine worker safety, and
create needless confusion, for DOT to now displace such OSHA
protections and the agency's enforcement authority over these
important regulations.
Hazmat Training: Similarly, H.R. 7 relieves certain
employers who transport hazardous materials from one of the
most important workers safety protections: training. Under
current law, the definition of a ``hazmat employer'' is a
person who employs or uses at least one hazmat employee on a
full-time, part-time, or temporary basis; or is self-employed.
H.R. 7 eliminates the phrase ``or uses'' from the definition
thereby relieving employers who use contractors to load,
unload, or handle hazardous materials from having to train
those workers. Under the bill, only employers who directly
employ personnel on a full- or part-time basis would have to
comply with such training requirements.
H.R. 7 also eliminates the hazmat train-the-trainer
program, which provides $4 million in competitive grants per
year to nonprofit hazmat employee organizations to train
instructors to train hazmat employees. The National Labor
College provides one such program on behalf of the rail unions
for training rail workers, called the Rail Workers Hazardous
Materials Training Program. The training is more comprehensive
than required of railroads and does not replace, but rather
builds upon, the training provided by hazmat employers. The
program is funded, in part, through the National Institute of
Environmental Health Sciences, the North American Railway
Foundation, and DOT.
H.R. 7 further fails to address stronger training standards
for emergency responders. Emergency responders who may be
called to the scene of an accident need to receive more
advanced training when responding to incidents related to the
release of hazardous substances. Current law does not require
States, local governments, and Indian tribes that receive
Hazardous Emergency Preparedness (HMEP) grants from DOT to
train fire fighters or other first responders at a specific
level. As a result, most fire fighters only receive awareness
training, which is not sufficient. We believe H.R. 7 should
require entities receiving HMEP grants to train fire fighters
at the Operations Level, at a minimum.
Hazmat Exemptions: With respect to exemptions from
hazardous materials regulations, known as special permits, we
are concerned with several provisions in the bill. In 2010, the
Committee on Transportation and Infrastructure and the DOT
Inspector General conducted investigations of DOT's special
permit program. The investigations found that DOT did not
adequately review applicants' safety histories when issuing
hazmat exemptions; ensure applicants will provide an acceptable
level of safety; coordinate with the affected operating
administrations; and conduct regular compliance reviews of
individuals and companies that have been granted exemptions.
Several provisions in H.R. 7 are contrary to these findings.
Limitation on Denial of Hazmat Applicants: The bill
prohibits the Secretary from denying applications for hazmat
exemptions for having an out-of-service rate that is greater
than the national average. In other words, an applicant cannot
be denied an exemption for having a poor safety record.
Provides Permanent Hazmat Exemptions: The bill also
requires DOT to permanently adopt, in its regulations, every
exemption that DOT has issued over the last six years; as long
as it is a matter of general application, has future effect,
and is consistent with hazardous materials safety. According to
DOT, this means that more than 5,000 exemptions could now
become permanent. A perfect example of one such exemption is a
permit that authorizes the transportation of certain explosives
that are forbidden or that exceed quantities authorized for
transportation by cargo aircraft. According to DOT, as a result
of this bill, that exemption would now be fully incorporated in
regulation.
In addition, the bill prohibits the Secretary from charging
fees to applicants for exemptions from hazmat regulations. The
President's Fiscal Year 2012 budget proposed establishing fees
to assist DOT staff in processing the more than 13,000 annual
applications.
H.R. 7 contains other provisions that could have a
significant deleterious effect on safety, which we believe
should be stricken from the bill. These sections include
provisions that (1) significantly limit DOT's authority to
conduct hazmat inspections and investigations; (2) relieve
carriers of liability for any violations stemming from pre-
transportation functions, such as loading operations; (3)
preempt certain State procedures, standards, and penalties; (4)
eliminate DOT's authority to issue a regulation prohibiting the
transportation of Class 3 flammable liquids, such as gasoline,
in the external product piping of cargo tank motor vehicles;
and (5) prevent the Secretary from issuing guidance and
regulations to protect the public from trending or possible
safety hazards.
Incorporation of Industry-Developed Standards in
Regulations: H.R. 7 also allows DOT to continue to incorporate
industry-developed standards by reference in regulations and
then allow the industry to charge the public for access to
those standards. We believe that H.R. 7 should adopt the
approach taken in the Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011 (Public Law 112-90), which
prohibits the Secretary from issuing guidance or a regulation
that incorporates by reference any documents or portions
thereof unless the documents or portions thereof are made
available to the public, free of charge, on an Internet Web
site.
DOT Inspectors: DOT currently has only 35 inspectors
responsible for overseeing more than 300,000 hazmat entities.
The bill's cut to DOT's hazmat program from more than $42
million, provided in Fiscal Year 2012, to $39 million annually
thereafter, will make it even harder for DOT to enforce hazmat
regulations and ensure public safety.
7. Passenger Rail
We are deeply concerned that H.R. 7 includes several
provisions that will harm or eliminate freight and passenger
rail programs, including Amtrak, in a very short-sighted
approach that ignores our nation's growing infrastructure needs
and fails to recognize that adequate investment in freight and
passenger rail is crucial for national economic growth, global
competitiveness, the environment, and quality of life.
H.R. 7 eliminates the program that provides capital grants
for short line and regional railroads (49 U.S.C. 22301). The
bill also fails to reauthorize the rail line relocation and
improvement capital grant program, which was authorized in
SAFETEA-LU through 2009 (49 U.S.C. 20154). In addition, the
bill eliminates the congestion grant program, which provides
grants to States and Amtrak for financing the capital costs of
facilities, infrastructure, and equipment for high priority
rail corridor projects necessary to reduce congestion or
facilitate ridership growth in intercity rail passenger
transportation; this program is currently authorized for $100
million in 2012 and $100 million for 2013 (49 U.S.C. 24105).
Amtrak Capital Funding: Consistent with our Republican
colleagues' long-standing opposition to Amtrak, the bill
includes several provisions to reduce Federal assistance for
Amtrak. Last year, Amtrak set a new all-time ridership record
of nearly 30.2 million passengers for FY 2011, the eighth
ridership record in the last nine years. We are deeply
committed to seeing Amtrak continue to succeed and are
extremely troubled by the efforts of our Republican
counterparts to continue to try to dismantle and bankrupt our
national passenger railroad.
The bill reduces Amtrak's operating grants by nearly $308
million over the next two years from current levels authorized
in the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432). Although the bill cuts Amtrak's operating
grants, it fails to provide a corresponding increase in
Amtrak's capital grants to help Amtrak upgrade tracks, bridges,
and other infrastructure; pursue efforts to expand Acela
Express capacity; advance initial planning work for the Gateway
Program to provide additional capacity into Manhattan for
intercity, commuter and high-speed rail services; improve
station accessibility under requirements of the Americans with
Disabilities Act; and continue the development of a next-
generation reservation system.
Prohibition on Amtrak Contracting with Outside Counsel: The
bill also prevents Amtrak from using its Federal funds to hire
or contract with outside counsel or file any lawsuit, or defend
itself, against a passenger rail operator, including a Class I
railroad. The impact of this prohibition would severely impair
Amtrak's ability to defend itself and the Federal taxpayer's
investment. This provision is an open invitation for operators
to sue Amtrak and an invitation for its competitors to engage
in illegal activity because Amtrak could do nothing to defend
itself. It could also have an immediate impact on the safety of
Amtrak's operations. If, for example, a train operated by
another entity collided with an Amtrak train--that entity could
avoid any liability for its wrongdoing and negligence by simply
suing Amtrak. Given that Amtrak would, at a minimum, be
precluded from retaining counsel to defend itself or bring a
counterclaim against the other entity for its malfeasance,
Amtrak would bear full responsibility for any deaths or
injuries caused by the other entity--even where it was clear
that the other operator was solely responsible for the entire
accident. If the host railroad over which Amtrak operates
failed to take responsibility for its contractual commitments
to maintain a safe and reliable right of way, Amtrak would be
precluded from enforcing its contractual or statutory rights.
Amtrak is further prohibited from using Federal funds to
pursue any litigation against a passenger rail operator arising
from a competitive bid process in which Amtrak and the
passenger rail operator participated. The Committee has held no
hearings or briefings on this issue. Some Republican Members
have raised concerns with a pending case that Amtrak has filed
against Veolia, claiming Amtrak files frivolous lawsuits
against its competitors after losing a bid. Nevertheless, to
date, the U.S. District Court judge handling the case has
denied all three attempts by Veolia to dismiss the lawsuit,
including a motion to dismiss, motion for summary judgment, and
motion for interlocutory appeal; the case is now set for trial.
Amtrak's Food and Beverage Service: The bill also requires
the FRA to bid-out Amtrak's food and beverage service to the
lowest cost bidder. This will result in the elimination of
2,000 Amtrak jobs, in a so-called ``Jobs Act''. Further, the
bill allows the FRA to take Federal funding from Amtrak and
provide it to the winning bidder to cover any losses. The
winning bidder essentially needs only to claim they will lose
less money than Amtrak; they are not required to show they will
turn a profit.
Bidding out Amtrak Routes: Further, the bill makes
permanent a pilot program established in PRIIA that allows any
passenger rail provider to bid for any of Amtrak's routes. The
bill allows that provider to operate the routes in renewable
periods of five years. The bidder would be provided the
operating grants that Amtrak would have gotten to operate over
the route(s). We fail to see how transferring Amtrak's
operating grants to a private company creates any savings or
benefits for the Federal taxpayer.
Prohibition Against the Use of Funds for California High-
Speed Rail: Finally, the bill prohibits the use of any highway,
transit, or passenger rail funds to be used for the development
of high-speed rail in the State of California. The prohibition
includes innovative financing tools such as Transportation
Infrastructure Finance and Innovation Act (TIFIA) or Railroad
Rehabilitation & Improvement Financing (RRIF) loans. We oppose
this provision. We believe that California needs to find a
solution to its congestion and we should not prevent the State
from being able to decide how best to address its
transportation needs.
Nick J. Rahall II,
Ranking Member.
Peter A. DeFazio.
Corrine Brown.
Timothy H. Bishop.