Of a perfecting nature.

SA 1633. Mr. REID proposed an amendment to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; as follows:

At the end of the bill, add the following:

DIVISION B--PUBLIC TRANSPORTATION

SEC. 20001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Federal Public Transportation Act of 2012''.
(b) Table of Contents.--The table of contents for this
division is as follows:

[[Page S709]]

Sec. 20001. Short title; table of contents.
Sec. 20002. Repeals.
Sec. 20003. Policies, purposes, and goals.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Public Transportation Emergency Relief Program.
Sec. 20008. Urbanized area formula grants.
Sec. 20009. Clean fuel grant program.
Sec. 20010. Fixed guideway capital investment grants.
Sec. 20011. Formula grants for the enhanced mobility of seniors and
individuals with disabilities.
Sec. 20012. Formula grants for other than urbanized areas.
Sec. 20013. Research, development, demonstration, and deployment
projects.
Sec. 20014. Technical assistance and standards development.
Sec. 20015. Bus testing facilities.
Sec. 20016. Public transportation workforce development and human
resource programs.
Sec. 20017. General provisions.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Labor standards.
Sec. 20025. Administrative provisions.
Sec. 20026. National transit database.
Sec. 20027. Apportionment of appropriations for formula grants.
Sec. 20028. State of good repair grants.
Sec. 20029. Authorizations.
Sec. 20030. Apportionments based on growing States and high density
States formula factors.
Sec. 20031. Technical and conforming amendments.

SEC. 20002. REPEALS.

(a) Chapter 53.--Chapter 53 of title 49, United States
Code, is amended by striking sections 5316, 5317, 5321, 5324,
5328, and 5339.
(b) Transportation Equity Act for the 21st Century.--
Section 3038 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note) is repealed.
(c) SAFETEA LU.--The following provisions are repealed:
(1) Section 3009(i) of SAFETEA LU (Public Law 109 59; 119
Stat. 1572).
(2) Section 3011(c) of SAFETEA LU (49 U.S.C. 5309 note).
(3) Section 3012(b) of SAFETEA LU (49 U.S.C. 5310 note).
(4) Section 3045 of SAFETEA LU (49 U.S.C. 5308 note).
(5) Section 3046 of SAFETEA LU (49 U.S.C. 5338 note).

SEC. 20003. POLICIES, PURPOSES, AND GOALS.

Section 5301 of title 49, United States Code, is amended to
read as follows:

``Sec.  5301. Policies, purposes, and goals

``(a) Declaration of Policy.--It is in the interest of the
United States, including the economic interest of the United
States, to foster the development and revitalization of
public transportation systems.
``(b) General Purposes.--The purposes of this chapter are
to--
``(1) provide funding to support public transportation;
``(2) improve the development and delivery of capital
projects;
``(3) initiate a new framework for improving the safety of
public transportation systems;
``(4) establish standards for the state of good repair of
public transportation infrastructure and vehicles;
``(5) promote continuing, cooperative, and comprehensive
planning that improves the performance of the transportation
network;
``(6) establish a technical assistance program to assist
recipients under this chapter to more effectively and
efficiently provide public transportation service;
``(7) continue Federal support for public transportation
providers to deliver high quality service to all users,
including individuals with disabilities, seniors, and
individuals who depend on public transportation;
``(8) support research, development, demonstration, and
deployment projects dedicated to assisting in the delivery of
efficient and effective public transportation service; and
``(9) promote the development of the public transportation
workforce.
``(c) National Goals.--The goals of this chapter are to--
``(1) increase the availability and accessibility of public
transportation across a balanced, multimodal transportation
network;
``(2) promote the environmental benefits of public
transportation, including reduced reliance on fossil fuels,
fewer harmful emissions, and lower public health
expenditures;
``(3) improve the safety of public transportation systems;
``(4) achieve and maintain a state of good repair of public
transportation infrastructure and vehicles;
``(5) provide an efficient and reliable alternative to
congested roadways;
``(6) increase the affordability of transportation for all
users; and
``(7) maximize economic development opportunities by--
``(A) connecting workers to jobs;
``(B) encouraging mixed-use, transit-oriented development;
and
``(C) leveraging private investment and joint
development.''.

SEC. 20004. DEFINITIONS.

Section 5302 of title 49, United States Code, is amended to
read as follows:

``Sec.  5302. Definitions

``Except as otherwise specifically provided, in this
chapter the following definitions apply:
``(1) Associated transit improvement.--The term `associated
transit improvement' 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) historic preservation, rehabilitation, and operation
of historic public transportation buildings, structures, and
facilities (including historic bus and railroad facilities)
intended for use in public transportation service;
``(B) bus shelters;
``(C) landscaping and streetscaping, including benches,
trash receptacles, and street lights;
``(D) pedestrian access and walkways;
``(E) bicycle access, including bicycle storage facilities
and installing equipment for transporting bicycles on public
transportation vehicles;
``(F) signage; or
``(G) enhanced access for persons with disabilities to
public transportation.
``(2) Bus rapid transit system.--The term `bus rapid
transit system' means a bus transit system--
``(A) in which the majority of each line operates in a
separated right-of-way dedicated for public transportation
use during peak periods; and
``(B) that includes features that emulate the services
provided by rail fixed guideway public transportation
systems, including--
``(i) defined stations;
``(ii) traffic signal priority for public transportation
vehicles;
``(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
``(iv) any other features the Secretary may determine are
necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
``(3) Capital project.--The term `capital project' means a
project for--
``(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in public transportation,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments for the
capital portions of rail trackage rights agreements, transit-
related intelligent transportation systems, relocation
assistance, acquiring replacement housing sites, and
acquiring, constructing, relocating, and rehabilitating
replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for use in public
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that
are more cost-effective than purchase or construction;
``(G) a joint development improvement that--
``(i) enhances economic development or incorporates private
investment, such as commercial and residential development;
``(ii)(I) enhances the effectiveness of public
transportation and is related physically or functionally to
public transportation; or
``(II) establishes new or enhanced coordination between
public transportation and other transportation;
``(iii) provides a fair share of revenue that will be used
for public transportation;
``(iv) provides that a person making an agreement to occupy
space in a facility constructed under this paragraph shall
pay a fair share of the costs of the facility through rental
payments and other means;
``(v) may include--

``(I) property acquisition;
``(II) demolition of existing structures;
``(III) site preparation;
``(IV) utilities;
``(V) building foundations;
``(VI) walkways;
``(VII) pedestrian and bicycle access to a public
transportation facility;
``(VIII) construction, renovation, and improvement of
intercity bus and intercity rail stations and terminals;
``(IX) renovation and improvement of historic
transportation facilities;
``(X) open space;
``(XI) safety and security equipment and facilities
(including lighting, surveillance, and related intelligent
transportation system applications);
``(XII) facilities that incorporate community services such
as daycare or health care;
``(XIII) a capital project for, and improving, equipment or
a facility for an intermodal transfer facility or
transportation mall; and
``(XIV) construction of space for commercial uses; and

``(vi) does not include outfitting of commercial space
(other than an intercity bus or rail station or terminal) or
a part of a public facility not related to public
transportation;
``(H) the introduction of new technology, through
innovative and improved products, into public transportation;

[[Page S710]]

``(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 of such recipient's annual formula
apportionment under sections 5307 and 5311;
``(J) establishing a debt service reserve, made up of
deposits with a bondholder's trustee, to ensure the timely
payment of principal and interest on bonds issued by a grant
recipient to finance an eligible project under this chapter;
``(K) mobility management--
``(i) consisting of short-range planning and management
activities and projects for improving coordination among
public transportation and other transportation service
providers carried out by a recipient or subrecipient through
an agreement entered into with a person, including a
governmental entity, under this chapter (other than section
5309); but
``(ii) excluding operating public transportation services;
or
``(L) associated capital maintenance, including--
``(i) equipment, tires, tubes, and material, each costing
at least .5 percent of the current fair market value of
rolling stock comparable to the rolling stock for which the
equipment, tires, tubes, and material are to be used; and
``(ii) reconstruction of equipment and material, each of
which after reconstruction will have a fair market value of
at least .5 percent of the current fair market value of
rolling stock comparable to the rolling stock for which the
equipment and material will be used.
``(4) Designated recipient.--The term `designated
recipient' means--
``(A) an entity designated, in accordance with the planning
process under sections 5303 and 5304, by the Governor of a
State, responsible local officials, and publicly owned
operators of public transportation, to receive and apportion
amounts under section 5336 to urbanized areas of 200,000 or
more in population; or
``(B) a State or regional authority, if the authority is
responsible under the laws of a State for a capital project
and for financing and directly providing public
transportation.
``(5) Disability.--The term `disability' has the same
meaning as in section 3(1) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(6) Emergency regulation.--The term `emergency
regulation' means a regulation--
``(A) that is effective temporarily before the expiration
of the otherwise specified periods of time for public notice
and comment under section 5334(c); and
``(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the
regulation--
``(i) would injure seriously an important public interest;
``(ii) would frustrate substantially legislative policy and
intent; or
``(iii) would damage seriously a person or class without
serving an important public interest.
``(7) Fixed guideway.--The term `fixed guideway' means a
public transportation facility--
``(A) using and occupying a separate right-of-way for the
exclusive use of public transportation;
``(B) using rail;
``(C) using a fixed catenary system;
``(D) for a passenger ferry system; or
``(E) for a bus rapid transit system.
``(8) Governor.--The term `Governor'--
``(A) means the Governor of a State, the mayor of the
District of Columbia, and the chief executive officer of a
territory of the United States; and
``(B) includes the designee of the Governor.
``(9) Local governmental authority.--The term `local
governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least 1 State or political
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(10) Low-income individual.--The term `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.
``(11) Net project cost.--The term `net project cost' means
the part of a project that reasonably cannot be financed from
revenues.
``(12) New bus model.--The term `new bus model' means a bus
model (including a model using alternative fuel)--
``(A) that has not been used in public transportation in
the United States before the date of production of the model;
or
``(B) used in public transportation in the United States,
but being produced with a major change in configuration or
components.
``(13) Public transportation.--The term `public
transportation'--
``(A) means regular, continuing shared-ride surface
transportation services that are open to the general public
or open to a segment of the general public defined by age,
disability, or low income; and
``(B) does not include--
``(i) intercity passenger rail transportation provided by
the entity described in chapter 243 (or a successor to such
entity);
``(ii) intercity bus service;
``(iii) charter bus service;
``(iv) school bus service;
``(v) sightseeing service;
``(vi) courtesy shuttle service for patrons of one or more
specific establishments; or
``(vii) intra-terminal or intra-facility shuttle services.
``(14) Regulation.--The term `regulation' means any part of
a statement of general or particular applicability of the
Secretary designed to carry out, interpret, or prescribe law
or policy in carrying out this chapter.
``(15) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(16) Senior.--The term `senior' means an individual who
is 65 years of age or older.
``(17) 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.
``(18) State of good repair.--The term `state of good
repair' has the meaning given that term by the Secretary, by
rule, under section 5326(b).
``(19) Transit.--The term `transit' means public
transportation.
``(20) 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.
``(21) 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. 20005. METROPOLITAN TRANSPORTATION PLANNING.

(a) In General.--Section 5303 of title 49, United States
Code, is amended to read as follows:

``Sec.  5303. Metropolitan transportation planning

``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe, cost-effective,
and efficient management, operation, and development of
surface transportation systems that will serve efficiently
the mobility needs of individuals and freight, reduce
transportation-related fatalities and serious injuries, and
foster economic growth and development within and between
States and urbanized areas, while fitting the needs and
complexity of individual communities, maximizing value for
taxpayers, leveraging cooperative investments, and minimizing
transportation-related fuel consumption and air pollution
through the metropolitan and statewide transportation
planning processes identified in this chapter;
``(2) to encourage the continued improvement, evolution,
and coordination of the metropolitan and statewide
transportation planning processes by and among metropolitan
planning organizations, State departments of transportation,
regional planning organizations, interstate partnerships, and
public transportation and intercity service operators as
guided by the planning factors identified in subsection (h)
of this section and section 5304(d);
``(3) to encourage and promote transportation needs and
decisions that are integrated with other planning needs and
priorities; and
``(4) to maximize the effectiveness of transportation
investments.
``(b) Definitions.--In this section and section 5304, the
following definitions shall apply:
``(1) Existing mpo.--The term `existing MPO' means a
metropolitan planning organization that was designated as a
metropolitan planning organization as of the day before the
date of enactment of the Federal Public Transportation Act of
2012.
``(2) Local official.--The term `local official' means any
elected or appointed official of general purpose local
government with responsibility for transportation in a
designated area.
``(3) Maintenance area.--The term `maintenance area' means
an area that was designated as an air quality nonattainment
area, but was later redesignated by the Administrator of the
Environmental Protection Agency as an air quality attainment
area, under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)).
``(4) Metropolitan planning area.--The term `metropolitan
planning area' means a geographical area determined by
agreement between the metropolitan planning organization for
the area and the applicable Governor under subsection (c).
``(5) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board
of an organization established pursuant to subsection (c).
``(6) Metropolitan transportation plan.--The term
`metropolitan transportation plan' means a plan developed by
a metropolitan planning organization under subsection (i).
``(7) Nonattainment area.--The term `nonattainment area'
has the meaning given the term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
``(8) Nonmetropolitan area.--

[[Page S711]]

``(A) In general.--The term `nonmetropolitan area' means a
geographical area outside the boundaries of a designated
metropolitan planning area.
``(B) Inclusions.--The term `nonmetropolitan area' includes
a small urbanized area with a population of more than 50,000,
but fewer than 200,000 individuals, as calculated according
to the most recent decennial census, and a nonurbanized area.
``(9) Nonmetropolitan planning organization.--The term
`nonmetropolitan planning organization' means an organization
that--
``(A) was designated as a metropolitan planning
organization as of the day before the date of enactment of
the Federal Public Transportation Act of 2012; and
``(B) is not designated as a tier I MPO or tier II MPO.
``(10) Regionally significant.--The term `regionally
significant', with respect to a transportation project,
program, service, or strategy, means a project, program,
service, or strategy that--
``(A) serves regional transportation needs (such as access
to and from the area outside of the region, major activity
centers in the region, and major planned developments); and
``(B) would normally be included in the modeling of a
transportation network of a metropolitan area.
``(11) Rural planning organization.--The term `rural
planning organization' means a voluntary organization of
local elected officials and representatives of local
transportation systems that--
``(A) works in cooperation with the department of
transportation (or equivalent entity) of a State to plan
transportation networks and advise officials of the State on
transportation planning; and
``(B) is located in a rural area--
``(i) with a population of not fewer than 5,000
individuals, as calculated according to the most recent
decennial census; and
``(ii) that is not located in an area represented by a
metropolitan planning organization.
``(12) Statewide transportation improvement program.--The
term `statewide transportation improvement program' means a
statewide transportation improvement program developed by a
State under section 5304(g).
``(13) Statewide transportation plan.--The term `statewide
transportation plan' means a plan developed by a State under
section 5304(f).
``(14) Tier i mpo.--The term `tier I MPO' means a
metropolitan planning organization designated as a tier I MPO
under subsection (e)(4)(A).
``(15) Tier ii mpo.--The term `tier II MPO' means a
metropolitan planning organization designated as a tier II
MPO under subsection (e)(4)(B).
``(16) Transportation improvement program.--The term
`transportation improvement program' means a program
developed by a metropolitan planning organization under
subsection (j).
``(17) Urbanized area.--The term `urbanized area' means a
geographical area with a population of 50,000 or more
individuals, as calculated according to the most recent
decennial census.
``(c) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization shall be designated for
each urbanized area with a population of 200,000 or more
individuals, as calculated according to the most recent
decennial census--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as calculated
according to the most recent decennial census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Small urbanized areas.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization may be designated for any
urbanized area with a population of 50,000 or more
individuals, but fewer than 200,000 individuals, as
calculated according to the most recent decennial census--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as calculated
according to the most recent decennial census); and
``(B) with the consent of the Secretary, based on a finding
that the resulting metropolitan planning organization has met
the minimum requirements under subsection (e)(4)(B).
``(3) Structure.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012, a
metropolitan planning organization shall consist of--
``(A) elected local officials in the relevant metropolitan
area;
``(B) officials of public agencies that administer or
operate major modes of transportation in the relevant
metropolitan area, including providers of public
transportation; and
``(C) appropriate State officials.
``(4) Effect of subsection.--Nothing in this subsection
interferes with any authority under any State law in effect
on December 18, 1991, of a public agency with multimodal
transportation responsibilities--
``(A) to develop the metropolitan transportation plans and
transportation improvement programs for adoption by a
metropolitan planning organization; or
``(B) to develop capital plans, coordinate public
transportation services and projects, or carry out other
activities pursuant to State law.
``(5) Continuing designation.--A designation of an existing
MPO--
``(A) for an urbanized area with a population of 200,000 or
more individuals, as calculated according to the most recent
decennial census, shall remain in effect--
``(i) for the period during which the structure of the
existing MPO complies with the requirements of paragraph (1);
or
``(ii) until the date on which the existing MPO is
redesignated under paragraph (6); and
``(B) for an urbanized area with a population of fewer than
200,000 individuals, as calculated according to the most
recent decennial census, shall remain in effect until the
date on which the existing MPO is redesignated under
paragraph (6) unless--
``(i) the existing MPO requests that its planning
responsibilities be transferred to the State or to another
planning organization designated by the State; or
``(ii)(I) the applicable Governor determines not later than
3 years after the date on which the Secretary issues a rule
pursuant to subsection (e)(4)(B)(i), that the existing MPO is
not meeting the minimum requirements established by the rule;
and
``(II) the Secretary approves the Governor's determination.
``(C) Designation as tier ii mpo.--If the Secretary
determines the existing MPO has met the minimum requirements
under the rule issued under subsection (e)(4)(B)(i), the
Secretary shall designate the existing MPO as a tier II MPO.
``(6) Redesignation.--
``(A) In general.--The designation of a metropolitan
planning organization under this subsection shall remain in
effect until the date on which the metropolitan planning
organization is redesignated, as appropriate, in accordance
with the requirements of this subsection pursuant to an
agreement between--
``(i) the applicable Governor; and
``(ii) affected local officials who, in the aggregate,
represent at least 75 percent of the existing metropolitan
planning area population (including the largest incorporated
city (based on population), as calculated according to the
most recent decennial census).
``(B) Restructuring.--A metropolitan planning organization
may be restructured to meet the requirements of paragraph (3)
without undertaking a redesignation.
``(7) Designation of multiple mpos.--
``(A) In general.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the applicable Governor
and an existing MPO determine that the size and complexity of
the existing metropolitan planning area make the designation
of more than 1 metropolitan planning organization for the
metropolitan planning area appropriate.
``(B) Service jurisdictions.--If more than 1 metropolitan
planning organization is designated for an existing
metropolitan planning area under subparagraph (A), the
existing metropolitan planning area shall be split into
multiple metropolitan planning areas, each of which shall be
served by the existing MPO or a new metropolitan planning
organization.
``(C) Tier designation.--The tier designation of each
metropolitan planning organization subject to a designation
under this paragraph shall be determined based on the size of
each respective metropolitan planning area, in accordance
with subsection (e)(4).
``(d) Metropolitan Planning Area Boundaries.--
``(1) In general.--For purposes of this section, the
boundaries of a metropolitan planning area shall be
determined by agreement between the applicable metropolitan
planning organization and the Governor of the State in which
the metropolitan planning area is located.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the relevant existing
urbanized area and any contiguous area expected to become
urbanized within a 20-year forecast period under the
applicable metropolitan transportation plan; and
``(B) may encompass the entire relevant metropolitan
statistical area, as defined by the Office of Management and
Budget.
``(3) Identification of new urbanized areas.--The
designation by the Bureau of the Census of a new urbanized
area within the boundaries of an existing metropolitan
planning area shall not require the redesignation of the
relevant existing MPO.
``(4) Nonattainment and maintenance areas.--
``(A) Existing metropolitan planning areas.--
``(i) In general.--Except as provided in clause (ii),
notwithstanding paragraph (2), in the case of an urbanized
area designated as a nonattainment area or maintenance area
as of the date of enactment of the Federal Public
Transportation Act of 2012, the boundaries of the existing
metropolitan planning area as of that date of enactment shall
remain in force and effect.

[[Page S712]]

``(ii) Exception.--Notwithstanding clause (i), the
boundaries of an existing metropolitan planning area
described in that clause may be adjusted by agreement of the
applicable Governor and the affected metropolitan planning
organizations in accordance with subsection (c)(7).
``(B) New metropolitan planning areas.--In the case of an
urbanized area designated as a nonattainment area or
maintenance area after the date of enactment of the Federal
Public Transportation Act of 2012, the boundaries of the
applicable metropolitan planning area--
``(i) shall be established in accordance with subsection
(c)(1);
``(ii) shall encompass the areas described in paragraph
(2)(A);
``(iii) may encompass the areas described in paragraph
(2)(B); and
``(iv) may address any appropriate nonattainment area or
maintenance area.
``(e) Requirements.--
``(1) Development of plans and tips.--To accomplish the
policy objectives described in subsection (a), each
metropolitan planning organization, in cooperation with the
applicable State and public transportation operators, shall
develop metropolitan transportation plans and transportation
improvement programs for metropolitan planning areas of the
State through a performance-driven, outcome-based approach to
metropolitan transportation planning consistent with
subsection (h).
``(2) Contents.--The metropolitan transportation plans and
transportation improvement programs for each metropolitan
area 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) that will function as--
``(A) an intermodal transportation system for the
metropolitan planning area; and
``(B) an integral part of an intermodal transportation
system for the applicable State and the United States.
``(3) Process of development.--The process for developing
metropolitan transportation plans and transportation
improvement programs shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
``(4) Tiering.--
``(A) Tier i mpos.--
``(i) In general.--A metropolitan planning organization
shall be designated as a tier I MPO if--

``(I) as certified by the Governor of each applicable
State, the metropolitan planning organization operates
within, and primarily serves, a metropolitan planning area
with a population of 1,000,000 or more individuals, as
calculated according to the most recent decennial census; and
``(II) the Secretary determines the metropolitan planning
organization--

``(aa) meets the minimum technical requirements under
clause (iv); and
``(bb) not later than 2 years after the date of enactment
of the Federal Public Transportation Act of 2012, will fully
implement the processes described in subsections (h) though
(j).
``(ii) Absence of designation.--In the absence of
designation as a tier I MPO under clause (i), a metropolitan
planning organization shall operate as a tier II MPO until
the date on which the Secretary determines the metropolitan
planning organization can meet the minimum technical
requirements under clause (iv).
``(iii) Redesignation as tier i.--A metropolitan planning
organization operating within a metropolitan planning area
with a population of 200,000 or more and fewer than 1,000,000
individuals and primarily within urbanized areas with
populations of 200,000 or more individuals, as calculated
according to the most recent decennial census, that is
designated as a tier II MPO under subparagraph (B) may
request, with the support of the applicable Governor, a
redesignation as a tier I MPO on a determination by the
Secretary that the metropolitan planning organization has met
the minimum technical requirements under clause (iv).
``(iv) Minimum technical requirements.--Not later than 1
year after the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall issue a rule
that establishes the minimum technical requirements necessary
for a metropolitan planning organization to be designated as
a tier I MPO, including, at a minimum, modeling, data,
staffing, and other technical requirements.
``(B) Tier ii mpos.--
``(i) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a rule that establishes minimum
requirements necessary for a metropolitan planning
organization to be designated as a tier II MPO.
``(ii) Requirements.--The minimum requirements established
under clause (i) shall--

``(I) ensure that each metropolitan planning organization
has the capabilities necessary to develop the metropolitan
transportation plan and transportation improvement program
under this section; and
``(II) include--

``(aa) only the staff resources necessary to operate the
metropolitan planning organization; and
``(bb) a requirement that the metropolitan planning
organization has the technical capacity to conduct the
modeling necessary, as appropriate to the size and resources
of the metropolitan planning organization, to fulfill the
requirements of this section, except that in cases in which a
metropolitan planning organization has a formal agreement
with a State to conduct the modeling on behalf of the
metropolitan planning organization, the metropolitan planning
organization shall be exempt from the technical capacity
requirement.
``(iii) Inclusion.--A metropolitan planning organization
operating primarily within an urbanized area with a
population of 200,000 or more individuals, as calculated
according to the most recent decennial census, and that does
not qualify as a tier I MPO under subparagraph (A)(i),
shall--

``(I) be designated as a tier II MPO; and
``(II) follow the processes under subsection (k).

``(C) Consolidation.--
``(i) In general.--Metropolitan planning organizations
operating within contiguous or adjacent urbanized areas may
elect to consolidate in order to meet the population
thresholds required to achieve designation as a tier I or
tier II MPO under this paragraph.
``(ii) Effect of subsection.--Nothing in this subsection
requires or prevents consolidation among multiple
metropolitan planning organizations located within a single
urbanized area.
``(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) Coordination along designated transportation
corridors.--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
designated transportation corridor.
``(3) Coordination with interstate compacts.--The Secretary
shall encourage metropolitan planning organizations to take
into consideration, during the development of metropolitan
transportation plans and transportation improvement programs,
any relevant transportation studies concerning planning for
regional transportation (including high-speed and intercity
rail corridor studies, commuter rail corridor studies,
intermodal terminals, and interstate highways) in support of
freight, intercity, or multistate area projects and services
that have been developed pursuant to interstate compacts or
agreements, or by organizations established under section
5304.
``(g) Engagement in Metropolitan Transportation Plan and
TIP Development.--
``(1) Nonattainment and maintenance areas.--If more than 1
metropolitan planning organization has authority within a
metropolitan area, nonattainment area, or maintenance area,
each metropolitan planning organization shall consult with
all other metropolitan planning organizations designated for
the metropolitan area, nonattainment area, or maintenance
area and the State in the development of metropolitan
transportation plans and transportation improvement programs
under this section.
``(2) Transportation improvements located in multiple
metropolitan planning areas.--If a transportation improvement
project funded under this chapter or title 23 is located
within the boundaries of more than 1 metropolitan planning
area, the affected metropolitan planning organizations shall
coordinate metropolitan transportation plans and
transportation improvement programs regarding the project.
``(3) Coordination of adjacent planning organizations.--
``(A) In general.--A metropolitan planning organization
that is adjacent or located in reasonably close proximity to
another metropolitan planning organization shall coordinate
with that metropolitan planning organization with respect to
planning processes, including preparation of metropolitan
transportation plans and transportation improvement programs,
to the maximum extent practicable.
``(B) Nonmetropolitan planning organizations.--A
metropolitan planning organization that is adjacent or
located in reasonably close proximity to a nonmetropolitan
planning organization shall consult with that nonmetropolitan
planning organization with respect to planning processes, to
the maximum extent practicable.
``(4) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage each
metropolitan planning organization to cooperate with Federal,
State, tribal, and local officers and entities responsible
for other types of planning activities that are affected by
transportation in the relevant area (including planned
growth, economic development, infrastructure services,
housing, other public services, environmental protection,
airport operations, high-speed and intercity passenger rail,
freight rail, port access, and freight movements), to the
maximum extent practicable, to ensure that the metropolitan
transportation planning process, metropolitan transportation

[[Page S713]]

plans, and transportation improvement programs are developed
in cooperation with other related planning activities in the
area.
``(B) Inclusion.--Cooperation under subparagraph (A) shall
include the design and delivery of transportation services
within the metropolitan area that are provided by--
``(i) recipients of assistance under sections 202, 203, and
204 of title 23;
``(ii) recipients of assistance under this title;
``(iii) government 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
``(iv) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(5) Coordination of other federally required planning
programs.--The Secretary shall encourage each metropolitan
planning organization to coordinate, to the maximum extent
practicable, the development of metropolitan transportation
plans and transportation improvement programs with other
relevant federally required planning programs.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation 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
individuals 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, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 5301(c) of
this title and in section 150(b) of title 23.
``(B) Performance targets.--
``(i) Surface transportation performance targets.--

``(I) In general.--Each metropolitan planning organization
shall establish performance targets that address the
performance measures described in sections 119(f), 148(h),
149(k) (where applicable), and 167(i) of title 23, to use in
tracking attainment of critical outcomes for the region of
the metropolitan planning organization.
``(II) Coordination.--Selection of performance targets by a
metropolitan planning organization shall be coordinated with
the relevant State to ensure consistency, to the maximum
extent practicable.

``(ii) Public transportation performance targets.--Each
metropolitan planning organization shall adopt the
performance targets identified by providers of public
transportation pursuant to sections 5326(c) and 5329(d), for
use in tracking attainment of critical outcomes for the
region of the metropolitan planning organization.
``(C) Timing.--Each metropolitan planning organization
shall establish or adopt the performance targets under
subparagraph (B) not later than 90 days after the date on
which the relevant State or provider of public transportation
establishes the performance targets.
``(D) Integration of other performance-based plans.--A
metropolitan planning organization shall integrate in the
metropolitan transportation planning process, directly or by
reference, the goals, objectives, performance measures, and
targets described in other State plans and processes, as well
as asset management and safety plans developed by providers
of public transportation, required as part of a performance-
based program, including plans such as--
``(i) the State National Highway System asset management
plan;
``(ii) asset management plans developed by providers of
public transportation;
``(iii) the State strategic highway safety plan;
``(iv) safety plans developed by providers of public
transportation;
``(v) the congestion mitigation and air quality performance
plan, where applicable;
``(vi) the national freight strategic plan; and
``(vii) the statewide transportation plan.
``(E) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by the relevant
metropolitan planning organization as the basis for
development of policies, programs, and investment priorities
reflected in the metropolitan transportation plan and
transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review 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 metropolitan transportation plan, a transportation
improvement program, a project or strategy, or the
certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each metropolitan planning organization
shall provide to affected individuals, public agencies, and
other interested parties notice and a reasonable opportunity
to comment on the metropolitan transportation plan and
transportation improvement program and any relevant
scenarios.
``(B) Contents of participation plan.--Each metropolitan
planning organization shall establish a participation plan
that--
``(i) is developed in consultation with all interested
parties; and
``(ii) provides that all interested parties have reasonable
opportunities to comment on the contents of the metropolitan
transportation plan of the metropolitan planning
organization.
``(C) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(i) develop the metropolitan transportation plan and
transportation improvement program in consultation with
interested parties, as appropriate, including by the
formation of advisory groups representative of the community
and interested parties that participate in the development of
the metropolitan transportation plan and transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--

``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);

``(iii) employ visualization techniques to describe
metropolitan transportation plans and transportation
improvement programs; and
``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(i) Development of Metropolitan Transportation Plan.--
``(1) Development.--
``(A) In general.--Except as provided in subparagraph (B),
not later than 5 years after the date of enactment of the
Federal Public Transportation Act of 2012, and not less
frequently than once every 5 years thereafter, each
metropolitan planning organization shall prepare and update,
respectively, a metropolitan transportation plan for the
relevant metropolitan planning area in accordance with this
section.
``(B) Exceptions.--A metropolitan planning organization
shall prepare or update, as appropriate, the metropolitan
transportation plan not less frequently than once every 4
years if the metropolitan planning organization is operating
within--
``(i) a nonattainment area; or
``(ii) a maintenance area.
``(2) Other requirements.--A metropolitan transportation
plan under this section shall--
``(A) be in a form that the Secretary determines to be
appropriate;
``(B) have a term of not less than 20 years; and
``(C) contain, at a minimum--
``(i) an identification of the existing transportation
infrastructure, including highways, local streets and roads,
bicycle and pedestrian facilities, public transportation
facilities and services, commuter rail facilities and
services, high-speed and intercity passenger rail facilities
and services, freight facilities (including freight railroad
and port facilities), multimodal and intermodal facilities,
and intermodal connectors that, evaluated in the aggregate,
function as an integrated metropolitan transportation system;
``(ii) a description of the performance measures and
performance targets used in assessing the existing and future
performance of the transportation system in accordance with
subsection (h)(2);
``(iii) a description of the current and projected future
usage of the transportation system, including a projection
based on a preferred scenario, and further including, to the
extent practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(iv) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (h)(2) and updates in subsequent system
performance reports, including--

``(I) progress achieved by the metropolitan planning
organization in meeting the performance targets in comparison
with system performance recorded in previous reports;
``(II) an accounting of the performance of the metropolitan
planning organization on outlay of obligated project funds
and delivery of projects that have reached substantial
completion in relation to--

[[Page S714]]

``(aa) the projects included in the transportation
improvement program; and
``(bb) the projects that have been removed from the
previous transportation improvement program; and

``(III) when appropriate, an analysis of how the preferred
scenario has improved the conditions and performance of the
transportation system and how changes in local policies,
investments, and growth have impacted the costs necessary to
achieve the identified performance targets;

``(v) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
State and local economic development and land use
improvements, intelligent transportation systems deployment,
and technology adoption strategies, as determined by the
projected support of the performance targets described in
subsection (h)(2);
``(vi) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure, including strategies and investments based on
a preferred scenario, when appropriate;
``(vii) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (4);
``(viii) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(ix) an optional illustrative list of projects containing
investments that--

``(I) are not included in the metropolitan transportation
plan; but
``(II) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(4) were available;

``(x) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the metropolitan transportation plan; and
``(xi) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation.
``(3) Scenario development.--
``(A) In general.--When preparing the metropolitan
transportation plan, the metropolitan planning organization
may, while fitting the needs and complexity of their
community, develop multiple scenarios for consideration as a
part of the development of the metropolitan transportation
plan, in accordance with subparagraph (B).
``(B) Components of scenarios.--The scenarios--
``(i) shall include potential regional investment
strategies for the planning horizon;
``(ii) shall include assumed distribution of population and
employment;
``(iii) may include a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance targets identified in subsection (h)(2);
``(iv) may include a scenario that improves the baseline
conditions for as many of the performance targets under
subsection (h)(2) as possible;
``(v) may include a revenue constrained scenario based on
total revenues reasonably expected to be available over the
20-year planning period and assumed population and
employment; and
``(vi) may include estimated costs and potential revenues
available to support each scenario.
``(C) Metrics.--In addition to the performance targets
identified in subsection (h)(2), scenarios developed under
this paragraph may be evaluated using locally developed
metrics for the following categories:
``(i) Congestion and mobility, including transportation use
by mode.
``(ii) Freight movement.
``(iii) Safety.
``(iv) Efficiency and costs to taxpayers.
``(4) Financial plan.--A financial plan referred to in
paragraph (2)(C)(vii) shall--
``(A) be prepared by each metropolitan planning
organization to support the metropolitan transportation plan;
and
``(B) contain a description of--
``(i) the projected resource requirements for implementing
projects, strategies, and services recommended in the
metropolitan transportation plan, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the metropolitan transportation
plan; and
``(iv) each applicable 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.
``(5) Coordination with clean air act agencies.--The
metropolitan planning organization for any metropolitan area
that is a nonattainment area or maintenance area 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 (42 U.S.C. 7401 et seq.).
``(6) Publication.--On approval by the relevant
metropolitan planning organization, a metropolitan
transportation plan involving Federal participation shall be,
at such times and in such manner as the Secretary shall
require--
``(A) 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
Internet; and
``(B) submitted for informational purposes to the
applicable Governor.
``(7) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with Federal, State, tribal, and local agencies
responsible for land use management, natural resources,
environmental protection, conservation, and historic
preservation concerning the development of a metropolitan
transportation plan.
``(B) Issues.--The consultation under subparagraph (A)
shall involve, as available, consideration of--
``(i) metropolitan transportation plans with Federal,
State, tribal, and local conservation plans or maps; and
``(ii) inventories of natural or historic resources.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the metropolitan transportation plan under
paragraph (2)(C)(ix).
``(j) Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the applicable State
and any affected public transportation operator, the
metropolitan planning organization designated for a
metropolitan area shall develop a transportation improvement
program for the metropolitan planning area that--
``(i) contains projects consistent with the current
metropolitan transportation plan;
``(ii) reflects the investment priorities established in
the current metropolitan transportation plan; and
``(iii) once implemented, will make significant progress
toward achieving the performance targets established under
subsection (h)(2).
``(B) Opportunity for participation.--In developing the
transportation improvement program, 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 accordance with
subsection (h)(4).
``(C) Updating and approval.--The transportation
improvement program shall be--
``(i) updated not less frequently than once every 4 years,
on a cycle compatible with the development of the relevant
statewide transportation improvement program under section
5304; and
``(ii) approved by the applicable Governor.
``(2) Contents.--
``(A) Priority list.--The transportation improvement
program shall include a priority list of proposed federally
supported projects and strategies to be carried out during
the 4-year period beginning on the date of adoption of the
transportation improvement program, and each 4-year period
thereafter, using existing and reasonably available revenues
in accordance with the financial plan under paragraph (3).
``(B) Descriptions.--Each project described in the
transportation improvement program 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 and the effect that the project or project
phase will have in addressing the performance targets
described in subsection (h)(2).
``(C) Performance target achievement.--The transportation
improvement program shall include, to the maximum extent
practicable, a description of the anticipated effect of the
transportation improvement program on attainment of the
performance targets established in the metropolitan
transportation plan, linking investment priorities to those
performance targets.
``(D) Illustrative list of projects.--In developing a
transportation improvement program, an optional illustrative
list of projects may be prepared containing additional
investment priorities that--
``(i) are not included in the transportation improvement
program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.

[[Page S715]]

``(3) Financial plan.--A financial plan referred to in
paragraph (2)(D)(ii) shall--
``(A) be prepared by each metropolitan planning
organization to support the transportation improvement
program; and
``(B) contain a description of--
``(i) the projected resource requirements for implementing
projects, strategies, and services recommended in the
transportation improvement program, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the transportation improvement
program; and
``(iv) each applicable 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.
``(4) Included projects.--
``(A) Projects under this chapter and title 23.--A
transportation improvement program developed under this
subsection for a metropolitan area shall include a
description of the projects within the area that are proposed
for funding under this chapter and chapter 1 of title 23.
``(B) Projects under chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under chapter 2 of title 23
shall be identified individually in the transportation
improvement program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under chapter 2 of title 23 that
is not determined to be regionally significant shall be
contained in 1 line item or identified individually in the
transportation improvement program.
``(5) Opportunity for participation.--Before approving a
transportation improvement program, 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 transportation improvement program, in accordance with
subsection (h)(4).
``(6) Selection of projects.--
``(A) In general.--Each tier I MPO and tier II MPO shall
select projects carried out within the boundaries of the
applicable metropolitan planning area from the transportation
improvement program, in consultation with the relevant State
and on concurrence of the affected facility owner, for funds
apportioned to the State under section 104(b)(2) of title 23
and suballocated to the metropolitan planning area under
section 133(d) of title 23.
``(B) Projects under chapter 53.--In the case of projects
under this chapter, the selection of federally funded
projects in metropolitan areas shall be carried out, from the
approved transportation improvement program, by the
designated recipients of public transportation funding in
cooperation with the metropolitan planning organization.
``(C) Congestion mitigation and air quality projects.--Each
tier I MPO shall select projects carried out within the
boundaries of the applicable metropolitan planning area from
the transportation improvement program, in consultation with
the relevant State and on concurrence of the affected
facility owner, for funds apportioned to the State under
section 104(b)(4) of title 23 and suballocated to the
metropolitan planning area under section 149(j) of title 23.
``(D) Modifications to project priority.--Notwithstanding
any other provision of law, approval by the Secretary shall
not be required to carry out a project included in a
transportation improvement program in place of another
project in the transportation improvement program.
``(7) Publication.--
``(A) In general.--A transportation improvement program
shall be published or otherwise made readily available by the
applicable metropolitan planning organization for public
review in electronically accessible formats and means, such
as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, public transportation operator, and
metropolitan planning organization in electronically
accessible formats and means, such as the Internet, in a
manner that is consistent with the categories identified in
the relevant transportation improvement program.
``(k) Planning Requirements for Tier II MPOs.--
``(1) In general.--The Secretary may provide for the
performance-based development of a metropolitan
transportation plan and transportation improvement program
for the metropolitan planning area of a tier II MPO, as the
Secretary determines to be appropriate, taking into account--
``(A) the complexity of transportation needs in the area;
and
``(B) the technical capacity of the metropolitan planning
organization.
``(2) Evaluation of performance-based planning.--In
reviewing a tier II MPO under subsection (m), the Secretary
shall take into consideration the effectiveness of the tier
II MPO in implementing and maintaining a performance-based
planning process that--
``(A) addresses the performance targets described in
subsection (h)(2); and
``(B) demonstrates progress on the achievement of those
performance targets.
``(l) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the metropolitan transportation planning
process of a metropolitan planning organization is being
carried out in accordance with applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 4 years, that the requirements of
subparagraph (A) are met with respect to the metropolitan
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the metropolitan transportation planning process
complies with the requirements of this section and other
applicable Federal law;
``(B) representation on the metropolitan planning
organization board includes officials of public agencies that
administer or operate major modes of transportation in the
relevant metropolitan area, including providers of public
transportation; and
``(C) a transportation improvement program for the
metropolitan planning area has been approved by the relevant
metropolitan planning organization and applicable Governor.
``(3) Delegation of authority.--The Secretary may--
``(A) delegate to the appropriate State fact-finding
authority regarding the certification of a tier II MPO under
this subsection; and
``(B) make the certification under paragraph (1) in
consultation with the State.
``(4) Effect of failure to certify.--
``(A) Withholding of project funds.--If a metropolitan
transportation planning process of a metropolitan planning
organization is not certified under paragraph (1), 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.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the metropolitan
planning area on the date of certification of the
metropolitan transportation planning process by the
Secretary.
``(5) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the
metropolitan planning area under review.
``(m) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of metropolitan planning organizations
under this section, taking into consideration the following:
``(A) The extent to which the metropolitan planning
organization has achieved, or is currently making substantial
progress toward achieving, the performance targets specified
in subsection (h)(2), taking into account whether the
metropolitan planning organization developed meaningful
performance targets.
``(B) The extent to which the metropolitan planning
organization has used proven best practices that help ensure
transportation investment that is efficient and cost-
effective.
``(C) The extent to which the metropolitan planning
organization--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the metropolitan planning organization.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall submit to Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each metropolitan planning organization under this
section.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(n) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other provision of
this chapter or title 23, Federal funds may not be advanced
in any metropolitan planning area classified as a
nonattainment area or maintenance area for any highway
project that will result in a significant increase in the
carrying capacity for

[[Page S716]]

single-occupant vehicles, unless the owner or operator of the
project demonstrates that the project will achieve or make
substantial progress toward achieving the performance targets
described in subsection (h)(2).
``(2) Applicability.--This subsection applies to any
nonattainment area or maintenance area within the boundaries
of a metropolitan planning area, as determined under
subsection (d).
``(o) Effect of Section.--Nothing in this section provides
to any metropolitan planning organization the authority to
impose any legal requirement on any transportation facility,
provider, or project not subject to the requirements of this
chapter or title 23.
``(p) Funding.--Funds apportioned under section 104(b)(6)
of title 23 and set aside under section 5305(g) of this title
shall be available to carry out this section.
``(q) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a metropolitan transportation plan or
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--
``(A) metropolitan transportation plans and transportation
improvement programs are subject to a reasonable opportunity
for public comment;
``(B) the projects included in metropolitan transportation
plans and transportation improvement programs are subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning metropolitan
transportation plans and transportation improvement programs
have not been reviewed under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1,
1997.
``(r) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for metropolitan planning
organizations. The Secretary shall not require a metropolitan
planning organization to deviate from its established
planning update cycle to implement changes made by this
section. Metropolitan planning organizations shall reflect
changes made to their transportation plan or transportation
improvement program updates not later than 2 years after the
date of issuance of guidance by the Secretary.''.
(b) Pilot Program for Transit-oriented Development
Planning.--
(1) Definitions.--In this subsection the following
definitions shall apply:
(A) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project or a core capacity
improvement project, as those terms are defined in section
5309 of title 49, United States Code, as amended by this
division.
(B) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) General authority.--The Secretary may make grants under
this subsection to a State or local governmental authority to
assist in financing comprehensive planning associated with an
eligible project that seeks to--
(A) enhance economic development, ridership, and other
goals established during the project development and
engineering processes;
(B) facilitate multimodal connectivity and accessibility;
(C) increase access to transit hubs for pedestrian and
bicycle traffic;
(D) enable mixed-use development;
(E) identify infrastructure needs associated with the
eligible project; and
(F) include private sector participation.
(3) Eligibility.--A State or local governmental authority
that desires to participate in the program under this
subsection shall submit to the Secretary an application that
contains, at a minimum--
(A) identification of an eligible project;
(B) a schedule and process for the development of a
comprehensive plan;
(C) a description of how the eligible project and the
proposed comprehensive plan advance the metropolitan
transportation plan of the metropolitan planning
organization;
(D) proposed performance criteria for the development and
implementation of the comprehensive plan; and
(E) identification of--
(i) partners;
(ii) availability of and authority for funding; and
(iii) potential State, local or other impediments to the
implementation of the comprehensive plan.

SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.

Section 5304 of title 49, United States Code, is amended to
read as follows:

``Sec.  5304. Statewide and nonmetropolitan transportation
planning

``(a) Statewide Transportation Plans and STIPs.--
``(1) Development.--
``(A) In general.--To accomplish the policy objectives
described in section 5303(a), each State shall develop a
statewide transportation plan and a statewide transportation
improvement program for all areas of the State in accordance
with this section.
``(B) Incorporation of metropolitan transportation plans
and tips.--Each State shall incorporate in the statewide
transportation plan and statewide transportation improvement
program, without change or by reference, the metropolitan
transportation plans and transportation improvement programs,
respectively, for each metropolitan planning area in the
State.
``(C) Nonmetropolitan areas.--Each State shall coordinate
with local officials in small urbanized areas with a
population of 50,000 or more individuals, but fewer than
200,000 individuals, as calculated according to the most
recent decennial census, and nonurbanized areas of the State
in preparing the nonmetropolitan portions of statewide
transportation plans and statewide transportation improvement
programs.
``(2) Contents.--The statewide transportation plan and
statewide 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, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation) that will function as--
``(A) an intermodal transportation system for the State;
and
``(B) an integral part of an intermodal transportation
system for the United States.
``(3) Process.--The process for developing the statewide
transportation plan and statewide transportation improvement
program shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
``(b) Coordination and Consultation.--
``(1) In general.--Each State shall--
``(A) coordinate planning carried out under this section
with--
``(i) the transportation planning activities carried out
under section 5303 for metropolitan areas of the State; and
``(ii) statewide trade and economic development planning
activities and related multistate planning efforts;
``(B) coordinate planning carried out under this section
with the transportation planning activities carried out by
each nonmetropolitan planning organization in the State, as
applicable;
``(C) coordinate planning carried out under this section
with the transportation planning activities carried out by
each rural planning organization in the State, as applicable;
and
``(D) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(2) Multistate areas.--
``(A) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan planning area and the appropriate metropolitan
planning organizations to provide coordinated transportation
planning for the entire metropolitan area.
``(B) Coordination along designated transportation
corridors.--The Secretary shall encourage each Governor with
responsibility for a portion of a multistate transportation
corridor to provide coordinated transportation planning for
the entire designated corridor.
``(C) Interstate compacts.--For purposes of this section,
any 2 or more States--
``(i) may enter into compacts, agreements, or organizations
not in conflict with any Federal law for cooperative efforts
and mutual assistance in support of activities authorized
under this section, as the activities relate to interstate
areas and localities within the States;
``(ii) may establish such agencies (joint or otherwise) as
the States determine to be appropriate for ensuring the
effectiveness of the agreements and compacts; and
``(iii) are encouraged to enter into such compacts,
agreements, or organizations as are appropriate to develop
planning documents in support of intercity or multistate area
projects, facilities, and services, the relevant components
of which shall be reflected in statewide transportation
improvement programs and statewide transportation plans.
``(D) Reservation of rights.--The right to alter, amend, or
repeal any interstate compact or agreement entered into under
this subsection is expressly reserved.
``(c) Relationship With Other Planning Officials.--
``(1) In general.--The Secretary shall encourage each State
to cooperate with Federal, State, tribal, and local officers
and entities responsible for other types of planning
activities that are affected by transportation in the
relevant area (including planned growth, economic
development, infrastructure services, housing, other public
services, environmental protection, airport operations, high-
speed and intercity passenger rail, freight rail, port
access, and freight movements), to the maximum extent
practicable, to ensure that the statewide and nonmetropolitan
planning process, statewide transportation plans, and
statewide transportation improvement programs are developed
with due consideration for other related planning activities
in the State.
``(2) Inclusion.--Cooperation under paragraph (1) shall
include the design and delivery of transportation services
within the State that are provided by--
``(A) recipients of assistance under sections 202, 203, and
204 of title 23;
``(B) recipients of assistance under this chapter;

[[Page S717]]

``(C) government 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
``(D) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(d) Scope of Planning Process.--
``(1) In general.--The statewide transportation planning
process for a State under this section shall provide for
consideration of projects, strategies, and services that
will--
``(A) support the economic vitality of the United States,
the State, 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
individuals 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, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 5301(c) of
this title and in section 150(b) of title 23.
``(B) Surface transportation performance targets.--
``(i) In general.--Each State shall establish performance
targets that address the performance measures described in
sections 119(f), 148(h), and 167(i) of title 23 to use in
tracking attainment of critical outcomes for the region of
the State.
``(ii) Coordination.--Selection of performance targets by a
State shall be coordinated with relevant metropolitan
planning organizations to ensure consistency, to the maximum
extent practicable.
``(C) Public transportation performance targets.--For
providers of public transportation operating in urbanized
areas with a population of fewer than 200,000 individuals, as
calculated according to the most recent decennial census, and
not represented by a metropolitan planning organization, each
State shall adopt the performance targets identified by such
providers of public transportation pursuant to sections
5326(c) and 5329(d), for use in tracking attainment of
critical outcomes for the region of the metropolitan planning
organization.
``(D) Integration of other performance-based plans.--A
State shall integrate into the statewide transportation
planning process, directly or by reference, the goals,
objectives, performance measures, and performance targets
described in this paragraph in other State plans and
processes, and asset management and safety plans developed by
providers of public transportation in urbanized areas with a
population of fewer than 200,000 individuals, as calculated
according to the most recent decennial census, and not
represented by a metropolitan planning organization, required
as part of a performance-based program, including plans such
as--
``(i) the State National Highway System asset management
plan;
``(ii) asset management plans developed by providers of
public transportation;
``(iii) the State strategic highway safety plan;
``(iv) safety plans developed by providers of public
transportation; and
``(v) the national freight strategic plan.
``(E) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by a State as the
basis for development of policies, programs, and investment
priorities reflected in the statewide transportation plan and
statewide transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review 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, a statewide transportation
improvement program, a project or strategy, or the
certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each State shall provide to affected
individuals, public agencies, and other interested parties
notice and a reasonable opportunity to comment on the
statewide transportation plan and statewide transportation
improvement program.
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) develop the statewide transportation plan and
statewide transportation improvement program in consultation
with interested parties, as appropriate, including by the
formation of advisory groups representative of the State and
interested parties that participate in the development of the
statewide transportation plan and statewide transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--

``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);

``(iii) employ visualization techniques to describe
statewide transportation plans and statewide transportation
improvement programs; and
``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(e) Coordination and Consultation.--
``(1) Metropolitan areas.--
``(A) In general.--Each State shall develop a statewide
transportation plan and statewide transportation improvement
program for each metropolitan area in the State by
incorporating, without change or by reference, at a minimum,
as prepared by each metropolitan planning organization
designated for the metropolitan area under section 5303--
``(i) all regionally significant projects to be carried out
during the 10-year period beginning on the effective date of
the relevant existing metropolitan transportation plan; and
``(ii) all projects to be carried out during the 4-year
period beginning on the effective date of the relevant
transportation improvement program.
``(B) Projected costs.--Each metropolitan planning
organization shall provide to each applicable State a
description of the projected costs of implementing the
projects included in the metropolitan transportation plan of
the metropolitan planning organization for purposes of
metropolitan financial planning and fiscal constraint.
``(2) Nonmetropolitan areas.--With respect to
nonmetropolitan areas in a State, the statewide
transportation plan and statewide transportation improvement
program of the State shall be developed in coordination with
affected nonmetropolitan local officials with responsibility
for transportation, including providers of public
transportation.
``(3) Indian tribal areas.--With respect to each area of a
State under the jurisdiction of an Indian tribe, the
statewide transportation plan and statewide transportation
improvement program of the State shall be developed in
consultation with--
``(A) the tribal government; and
``(B) the Secretary of the Interior.
``(4) Federal land management agencies.--With respect to
each area of a State under the jurisdiction of a Federal land
management agency, the statewide transportation plan and
statewide transportation improvement program of the State
shall be developed in consultation with the relevant Federal
land management agency.
``(5) Consultation, comparison, and consideration.--
``(A) In general.--A statewide transportation plan shall be
developed, as appropriate, in consultation with Federal,
State, tribal, and local agencies responsible for land use
management, natural resources, infrastructure permitting,
environmental protection, conservation, and historic
preservation.
``(B) Comparison and consideration.--Consultation under
subparagraph (A) shall involve the comparison of statewide
transportation plans to, as available--
``(i) Federal, State, tribal, and local conservation plans
or maps; and
``(ii) inventories of natural or historic resources.
``(f) Statewide Transportation Plan.--
``(1) Development.--
``(A) In general.--Each State shall develop a statewide
transportation plan, the forecast period of which shall be
not less than 20 years for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
``(B) Initial period.--A statewide transportation plan
shall include, at a minimum, for the first 10-year period of
the statewide transportation plan, the identification of
existing and future transportation facilities that will
function as an integrated statewide transportation system,
giving emphasis to those facilities that serve important
national, statewide, and regional transportation functions.
``(C) Subsequent period.--For the second 10-year period of
the statewide transportation plan (referred to in this
subsection as the `outer years period'), a statewide
transportation plan--
``(i) may include identification of future transportation
facilities; and
``(ii) shall describe the policies and strategies that
provide for the development and implementation of the
intermodal transportation system of the State.
``(D) Other requirements.--A statewide transportation plan
shall--
``(i) include, for the 20-year period covered by the
statewide transportation plan, a description of--

``(I) the projected aggregate cost of projects anticipated
by a State to be implemented; and
``(II) the revenues necessary to support the projects;

[[Page S718]]

``(ii) include, in such form as the Secretary determines to
be appropriate, a description of--

``(I) the existing transportation infrastructure, including
an identification of highways, local streets and roads,
bicycle and pedestrian facilities, public transportation
facilities and services, commuter rail facilities and
services, high-speed and intercity passenger rail facilities
and services, freight facilities (including freight railroad
and port facilities), multimodal and intermodal facilities,
and intermodal connectors that, evaluated in the aggregate,
function as an integrated transportation system;
``(II) the performance measures and performance targets
used in assessing the existing and future performance of the
transportation system described in subsection (d)(2);
``(III) the current and projected future usage of the
transportation system, including, to the maximum extent
practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(IV) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (d)(2) and updates to subsequent system
performance reports, including--

``(aa) progress achieved by the State in meeting
performance targets, as compared to system performance
recorded in previous reports; and
``(bb) an accounting of the performance by the State on
outlay of obligated project funds and delivery of projects
that have reached substantial completion, in relation to the
projects currently on the statewide transportation
improvement program and those projects that have been removed
from the previous statewide transportation improvement
program;

``(V) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
land use improvements, intelligent transportation systems
deployment and technology adoption strategies as determined
by the projected support of performance targets described in
subsection (d)(2);
``(VI) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure;
``(VII) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (2);
``(VIII) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(IX) an optional illustrative list of projects containing
investments that--

``(aa) are not included in the statewide transportation
plan; but
``(bb) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(2) were available;

``(X) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the statewide transportation plan; and
``(XI) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation; and

``(iii) be updated by the State not less frequently than
once every 5 years.
``(2) Financial plan.--A financial plan referred to in
paragraph (1)(D)(ii)(VII) shall--
``(A) be prepared by each State to support the statewide
transportation plan; and
``(B) contain a description of--
``(i) the projected resource requirements during the 20-
year planning horizon for implementing projects, strategies,
and services recommended in the statewide transportation
plan, including existing and projected system operating and
maintenance needs, proposed enhancement and expansions to the
system, projected available revenue from Federal, State,
local, and private sources, and innovative financing
techniques to finance projects and programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the State, any public transportation agency,
and relevant metropolitan planning organizations, that are
reasonably expected to be available to support the investment
priorities recommended in the statewide transportation plan;
``(iv) each applicable 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; and
``(v) aggregate cost ranges or bands, subject to the
condition that any future funding source shall be reasonably
expected to be available to support the projected cost ranges
or bands, for the outer years period of the statewide
transportation plan.
``(3) Coordination with clean air act agencies.--For any
nonmetropolitan area that is a nonattainment area or
maintenance area, the State shall coordinate the development
of the statewide transportation plan with the process for
development of the transportation control measures of the
State implementation plan required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(4) Publication.--A statewide transportation plan
involving Federal and non-Federal participation programs,
projects, and strategies shall be published or otherwise made
readily available by the State for public review, including
(to the maximum extent practicable) in electronically
accessible formats and means, such as the Internet, in such
manner as the Secretary shall require.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (2), a State shall not be required
to select any project from the illustrative list of
additional projects included in the statewide transportation
plan under paragraph (1)(D)(ii)(IX).
``(g) Statewide Transportation Improvement Programs.--
``(1) Development.--
``(A) In general.--In cooperation with nonmetropolitan
officials with responsibility for transportation and affected
public transportation operators, the State shall develop a
statewide transportation improvement program for the State
that--
``(i) includes projects consistent with the statewide
transportation plan;
``(ii) reflects the investment priorities established in
the statewide transportation plan; and
``(iii) once implemented, makes significant progress toward
achieving the performance targets described in subsection
(d)(2).
``(B) Opportunity for participation.--In developing a
statewide transportation improvement program, the State, in
cooperation with affected public transportation operators,
shall provide an opportunity for participation by interested
parties in the development of the statewide transportation
improvement program, in accordance with subsection (e).
``(C) Other requirements.--
``(i) In general.--A statewide transportation improvement
program shall--

``(I) cover a period of not less than 4 years; and
``(II) be updated not less frequently than once every 4
years, or more frequently, as the Governor determines to be
appropriate.

``(ii) Incorporation of tips.--A statewide transportation
improvement program shall incorporate any relevant
transportation improvement program developed by a
metropolitan planning organization under section 5303,
without change.
``(iii) Projects.--Each project included in a statewide
transportation improvement program shall be--

``(I) consistent with the statewide transportation plan
developed under this section for the State;
``(II) identical to a project or phase of a project
described in a relevant transportation improvement program;
and
``(III) for any project located in a nonattainment area or
maintenance area, carried out in accordance with the
applicable State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.).

``(2) Contents.--
``(A) Priority list.--A statewide transportation
improvement program shall include a priority list of proposed
federally supported projects and strategies, to be carried
out during the 4-year period beginning on the date of
adoption of the statewide transportation improvement program,
and during each 4-year period thereafter, using existing and
reasonably available revenues in accordance with the
financial plan under paragraph (3).
``(B) Descriptions.--Each project or phase of a project
included in a statewide transportation improvement program
shall include sufficient descriptive material (such as type
of work, termini, length, estimated completion date, and
other similar factors) to identify--
``(i) the project or project phase; and
``(ii) the effect that the project or project phase will
have in addressing the performance targets described in
subsection (d)(2).
``(C) Performance target achievement.--A statewide
transportation improvement program shall include, to the
maximum extent practicable, a discussion of the anticipated
effect of the statewide transportation improvement program
toward achieving the performance targets established in the
statewide transportation plan, linking investment priorities
to those performance targets.
``(D) Illustrative list of projects.--An optional
illustrative list of projects may be prepared containing
additional investment priorities that--
``(i) are not included in the statewide transportation
improvement program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.
``(3) Financial plan.--A financial plan referred to in
paragraph (2)(D)(ii) shall--
``(A) be prepared by each State to support the statewide
transportation improvement program; and

[[Page S719]]

``(B) contain a description of--
``(i) the projected resource requirements for implementing
projects, strategies, and services recommended in the
statewide transportation improvement program, including
existing and projected system operating and maintenance
needs, proposed enhancement and expansions to the system,
projected available revenue from Federal, State, local, and
private sources, and innovative financing techniques to
finance projects and programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the State and relevant metropolitan planning
organizations and public transportation agencies, that are
reasonably expected to be available to support the investment
priorities recommended in the statewide transportation
improvement program; and
``(iv) each applicable 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.
``(4) Included projects.--
``(A) Projects under this chapter and title 23.--A
statewide transportation improvement program developed under
this subsection for a State shall include the projects within
the State that are proposed for funding under this chapter
and chapter 1 of title 23.
``(B) Projects under this chapter and chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under this chapter and chapter 2
of title 23 shall be identified individually in the statewide
transportation improvement program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under this chapter and chapter 2
of title 23 that is not determined to be regionally
significant shall be contained in 1 line item or identified
individually in the statewide transportation improvement
program.
``(5) Publication.--
``(A) In general.--A statewide transportation improvement
program shall be published or otherwise made readily
available by the State for public review in electronically
accessible formats and means, such as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, public transportation operator, and
relevant metropolitan planning organizations in
electronically accessible formats and means, such as the
Internet, in a manner that is consistent with the categories
identified in the relevant statewide transportation
improvement program.
``(6) Project selection for urbanized areas with
populations of fewer than 200,000 not represented by
designated mpos.--Projects carried out in urbanized areas
with populations of fewer than 200,000 individuals, as
calculated according to the most recent decennial census, and
that are not represented by designated metropolitan planning
organizations, shall be selected from the approved statewide
transportation improvement program (including projects
carried out under this chapter and projects carried out by
the State), in cooperation with the affected nonmetropolitan
planning organization, if any exists, and in consultation
with the affected nonmetropolitan area local officials with
responsibility for transportation.
``(7) Approval by secretary.--
``(A) In general.--Not less frequently than once every 4
years, a statewide transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary, based on the current planning
finding of the Secretary under subparagraph (B).
``(B) Planning finding.--The Secretary shall make a
planning finding referred to in subparagraph (A) not less
frequently than once every 5 years regarding whether the
transportation planning process through which statewide
transportation plans and statewide transportation improvement
programs are developed is consistent with this section and
section 5303.
``(8) Modifications to project priority.--Approval by the
Secretary shall not be required to carry out a project
included in an approved statewide transportation improvement
program in place of another project in the statewide
transportation improvement program.
``(h) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the statewide transportation planning
process of a State is being carried out in accordance with
applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 5 years, that the requirements of
subparagraph (A) are met with respect to the statewide
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the statewide transportation planning process
complies with the requirements of this section and other
applicable Federal law; and
``(B) a statewide transportation improvement program for
the State has been approved by the Governor of the State.
``(3) Effect of failure to certify.--
``(A) Withholding of project funds.--If a statewide
transportation planning process of a State is not certified
under paragraph (1), the Secretary may withhold up to 20
percent of the funds attributable to the State for projects
funded under this chapter and title 23.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the State on the
date of certification of the statewide transportation
planning process by the Secretary.
``(4) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the State
under review.
``(i) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of States, taking into consideration the
following:
``(A) The extent to which the State has achieved, or is
currently making substantial progress toward achieving, the
performance targets described in subsection (d)(2), taking
into account whether the State developed meaningful
performance targets.
``(B) The extent to which the State has used proven best
practices that help ensure transportation investment that is
efficient and cost-effective.
``(C) The extent to which the State--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the State.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall submit to Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each State.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(j) Funding.--Funds apportioned under section 104(b)(6)
of title 23 and set aside under section 5305(g) shall be
available to carry out this section.
``(k) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a statewide transportation plan or statewide
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--
``(A) statewide transportation plans and statewide
transportation improvement programs are subject to a
reasonable opportunity for public comment;
``(B) the projects included in statewide transportation
plans and statewide transportation improvement programs are
subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning statewide
transportation plans and statewide transportation improvement
programs have not been reviewed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as
of January 1, 1997.
``(l) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for States. The Secretary
shall not require a State to deviate from its established
planning update cycle to implement changes made by this
section. States shall reflect changes made to their
transportation plan or transportation improvement program
updates not later than 2 years after the date of issuance of
guidance by the Secretary under this subsection.''.

SEC. 20007. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.

Section 5306 of title 49, United States Code, is amended to
read as follows:

``Sec.  5306. Public transportation emergency relief program

``(a) Definition.--In this section the following
definitions shall apply:
``(1) Eligible operating costs.--The term `eligible
operating costs' means costs relating to--
``(A) evacuation services;
``(B) rescue operations;
``(C) temporary public transportation service; or
``(D) reestablishing, expanding, or relocating public
transportation route service before, during, or after an
emergency.
``(2) Emergency.--The term `emergency' means a natural
disaster affecting a wide

[[Page S720]]

area (such as a flood, hurricane, tidal wave, earthquake,
severe storm, or landslide) or a catastrophic failure from
any external cause, as a result of which--
``(A) the Governor of a State has declared an emergency and
the Secretary has concurred; or
``(B) the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
``(b) General Authority.--
``(1) Capital assistance.--The Secretary may make grants
and enter into contracts and other agreements (including
agreements with departments, agencies, and instrumentalities
of the Government) for capital projects to protect, repair,
reconstruct, or replace equipment and facilities of a public
transportation system operating in the United States or on an
Indian reservation that the Secretary determines is in danger
of suffering serious damage, or has suffered serious damage,
as a result of an emergency.
``(2) Operating assistance.--Of the funds appropriated to
carry out this section, the Secretary may make grants and
enter into contracts or other agreements for the eligible
operating costs of public transportation equipment and
facilities in an area directly affected by an emergency
during--
``(A) the 1-year period beginning on the date of a
declaration described in subsection (a)(2); or
``(B) if the Secretary determines there is a compelling
need, the 2-year period beginning on the date of a
declaration described in subsection (a)(2).
``(c) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out this
section shall be in addition to any other funds available--
``(A) under this chapter; or
``(B) for the same purposes as authorized under this
section by any other branch of the Government, including the
Federal Emergency Management Agency, or a State agency, local
governmental entity, organization, or person.
``(2) Notification.--The Secretary shall notify the
Secretary of Homeland Security of the purpose and amount of
any grant made or contract or other agreement entered into
under this section.
``(d) Interagency Transfers.--Amounts that are made
available for emergency purposes to any other agency of the
Government, including the Federal Emergency Management
Agency, and that are eligible to be expended for purposes
authorized under this section may be transferred to and
administered by the Secretary under this section.
``(e) Interagency Agreement.--
``(1) In general.--The Secretary shall enter into an
interagency agreement with the Secretary of Homeland Security
which shall provide for the means by which the Department of
Transportation, including the Federal Transit Administration,
and the Department of Homeland Security, including the
Federal Emergency Management Agency, shall cooperate in
administering emergency relief for public transportation.
``(2) Contents.--The interagency agreement under paragraph
(1) shall provide that funds made available to the Federal
Emergency Management Agency for emergency relief for public
transportation shall be transferred to the Secretary to carry
out this section, to the maximum extent possible.
``(f) Grant Requirements.--A grant awarded under this
section shall be subject to the terms and conditions the
Secretary determines are necessary.
``(g) Government Share of Costs.--
``(1) Capital projects and operating assistance.--A grant,
contract, or other agreement for a capital project or
eligible operating costs under this section shall be, at the
option of the recipient, for not more than 80 percent of the
net project cost, as determined by the Secretary.
``(2) Non-federal share.--The remainder of the net project
cost may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.
``(3) Waiver.--The Secretary may waive, in whole or part,
the non-Federal share required under paragraph (2).''.

SEC. 20008. URBANIZED AREA FORMULA GRANTS.

Section 5307 of title 49, United States Code, is amended to
read as follows:

``Sec.  5307. Urbanized area formula grants

``(a) General Authority.--
``(1) Grants.--The Secretary may make grants under this
section for--
``(A) capital projects;
``(B) planning; and
``(C) operating costs of equipment and facilities for use
in public transportation in an urbanized area with a
population of fewer than 200,000 individuals, as determined
by the Bureau of the Census.
``(2) Special rule.--The Secretary may make grants under
this section to finance the operating cost of equipment and
facilities for use in public transportation, excluding rail
fixed guideway, in an urbanized area with a population of not
fewer than 200,000 individuals, as determined by the Bureau
of the Census--
``(A) for public transportation systems that operate 75 or
fewer buses during peak service hours, in an amount not to
exceed 50 percent of the share of the apportionment which is
attributable to such systems within the urbanized area, as
measured by vehicle revenue hours; and
``(B) for public transportation systems that operate a
minimum of 76 buses and a maximum of 100 buses during peak
service hours, in an amount not to exceed 25 percent of the
share of the apportionment which is attributable to such
systems within the urbanized area, as measured by vehicle
revenue hours.
``(3) Temporary and targeted assistance.--
``(A) Eligibility.--The Secretary may make a grant under
this section to finance the operating cost of equipment and
facilities to a recipient for use in public transportation in
an area that the Secretary determines has--
``(i) a population of not fewer than 200,000 individuals,
as determined by the Bureau of the Census; and
``(ii) a 3-month unemployment rate, as reported by the
Bureau of Labor Statistics, that is--

``(I) greater than 7 percent; and
``(II) at least 2 percentage points greater than the lowest
3-month unemployment rate for the area during the 5-year
period preceding the date of the determination.

``(B) Award of grant.--
``(i) In general.--Except as otherwise provided in this
subparagraph, the Secretary may make a grant under this
section for not more than 2 consecutive fiscal years.
``(ii) Additional year.--If, at the end of the second
fiscal year following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
the Secretary determines that the 3-month unemployment rate
for the area is at least 2 percentage points greater than the
unemployment rate for the area at the time the Secretary made
the determination under subparagraph (A), the Secretary may
make a grant to a recipient in the area for 1 additional
consecutive fiscal year.
``(iii) Exclusion period.--Beginning on the last day of the
last consecutive fiscal year for which a recipient receives a
grant under this paragraph, the Secretary may not make a
subsequent grant under this paragraph to the recipient for a
number of fiscal years equal to the number of consecutive
fiscal years in which the recipient received a grant under
this paragraph.
``(C) Limitation.--
``(i) First fiscal year.--For the first fiscal year
following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
not more than 25 percent of the amount apportioned to a
designated recipient under section 5336 for the fiscal year
shall be available for operating assistance for the area.
``(ii) Second and third fiscal years.--For the second and
third fiscal years following the date on which the Secretary
makes a determination under subparagraph (A) with respect to
an area, not more than 20 percent of the amount apportioned
to a designated recipient under section 5336 for the fiscal
year shall be available for operating assistance for the
area.
``(D) Period of availability for operating assistance.--
Operating assistance awarded under this paragraph shall be
available for expenditure to a recipient in an area until the
end of the second fiscal year following the date on which the
Secretary makes a determination under subparagraph (A) with
respect to the area, after which time any unexpended funds
shall be available to the recipient for other eligible
activities under this section.
``(E) Certification.--The Secretary may make a grant for
operating assistance under this paragraph for a fiscal year
only if the recipient certifies that--
``(i) the recipient will maintain public transportation
service levels at or above the current service level, which
shall be demonstrated by providing an equal or greater number
of vehicle hours of service in the fiscal year than the
number of vehicle hours of service provided in the preceding
fiscal year;
``(ii) any non-Federal entity that provides funding to the
recipient, including a State or local governmental entity,
will maintain the tax rate or rate of allocations dedicated
to public transportation at or above the rate for the
preceding fiscal year;
``(iii) the recipient has allocated the maximum amount of
funding under this section for preventive maintenance costs
eligible as a capital expense necessary to maintain the level
and quality of service provided in the preceding fiscal year;
and
``(iv) the recipient will not use funding under this
section for new capital assets except as necessary for the
existing system to maintain or achieve a state of good
repair, assure safety, or replace obsolete technology.
``(b) Access to Jobs Projects.--
``(1) In general.--A designated recipient shall expend not
less than 3 percent of the amount apportioned to the
designated recipient under section 5336 or an amount equal to
the amount apportioned to the designated recipient in fiscal
year 2011 to carry out section 5316 (as in effect for fiscal
year 2011), whichever is less, to carry out a program to
develop and maintain job access projects. Eligible projects
may include--
``(A) a project relating to the development and maintenance
of public transportation services designed to transport
eligible low-income individuals to and from jobs and
activities related to their employment, including--
``(i) a public transportation project to finance planning,
capital, and operating costs of providing access to jobs
under this chapter;
``(ii) promoting public transportation by low-income
workers, including the use of

[[Page S721]]

public transportation by workers with nontraditional work
schedules;
``(iii) promoting the use of public transportation vouchers
for welfare recipients and eligible low-income individuals;
and
``(iv) promoting the use of employer-provided
transportation, including the transit pass benefit program
under section 132 of the Internal Revenue Code of 1986; and
``(B) a transportation project designed to support the use
of public transportation including--
``(i) enhancements to existing public transportation
service for workers with non-traditional hours or reverse
commutes;
``(ii) guaranteed ride home programs;
``(iii) bicycle storage facilities; and
``(iv) projects that otherwise facilitate the provision of
public transportation services to employment opportunities.
``(2) Project selection and plan development.--Each grant
recipient under this subsection shall certify that--
``(A) the projects selected were included in a locally
developed, coordinated public transit-human services
transportation plan;
``(B) the plan was developed and approved through a process
that included individuals with low incomes, representatives
of public, private, and nonprofit transportation and human
services providers, and participation by the public;
``(C) services funded under this subsection are coordinated
with transportation services funded by other Federal
departments and agencies to the maximum extent feasible; and
``(D) allocations of the grant to subrecipients, if any,
are distributed on a fair and equitable basis.
``(3) Competitive process for grants to subrecipients.--
``(A) Areawide solicitations.--A recipient of funds
apportioned under this subsection may conduct, in cooperation
with the appropriate metropolitan planning organization, an
areawide solicitation for applications for grants to the
recipient and subrecipients under this subsection.
``(B) Application.--If the recipient elects to engage in a
competitive process, recipients and subrecipients seeking to
receive a grant from apportioned funds shall submit to the
recipient an application in the form and in accordance with
such requirements as the recipient shall establish.
``(c) Program of Projects.--Each recipient of a grant
shall--
``(1) make available to the public information on amounts
available to the recipient under this section;
``(2) develop, in consultation with interested parties,
including private transportation providers, a proposed
program of projects for activities to be financed;
``(3) publish a proposed program of projects in a way that
affected individuals, private transportation providers, and
local elected officials have the opportunity to examine the
proposed program and submit comments on the proposed program
and the performance of the recipient;
``(4) provide an opportunity for a public hearing in which
to obtain the views of individuals on the proposed program of
projects;
``(5) ensure that the proposed program of projects provides
for the coordination of public transportation services
assisted under section 5336 of this title with transportation
services assisted from other United States Government
sources;
``(6) consider comments and views received, especially
those of private transportation providers, in preparing the
final program of projects; and
``(7) make the final program of projects available to the
public.
``(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 Governor under this section)--
``(A) has or will have the legal, financial, and technical
capacity to carry out the program, including safety and
security aspects of the program;
``(B) has or will have satisfactory continuing control over
the use of equipment and facilities;
``(C) will maintain equipment and facilities;
``(D) will ensure that, during non-peak hours for
transportation using or involving a facility or equipment of
a project financed under this section, a fare that is not
more than 50 percent of the peak hour fare will be charged
for any--
``(i) senior;
``(ii) individual who, because of illness, injury, age,
congenital malfunction, or other incapacity or temporary or
permanent disability (including an individual who is a
wheelchair user or has semiambulatory capability), cannot use
a public transportation service or a public transportation
facility effectively without special facilities, planning, or
design; and
``(iii) 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. and 1395 et seq.);
``(E) in carrying out a procurement under this section,
will comply with sections 5323 and 5325;
``(F) has complied with subsection (c) of this section;
``(G) has available and will provide the required amounts
as provided by subsection (e) of this section;
``(H) will comply with sections 5303 and 5304;
``(I) has a locally developed process to solicit and
consider public comment before raising a fare or carrying out
a major reduction of transportation;
``(J)(i) will expend for each fiscal year for public
transportation security projects, including increased
lighting in or adjacent to a public transportation system
(including bus stops, subway stations, parking lots, and
garages), increased camera surveillance of an area in or
adjacent to that system, providing an emergency telephone
line to contact law enforcement or security personnel in an
area in or adjacent to that system, and any other project
intended to increase the security and safety of an existing
or planned public transportation system, at least 1 percent
of the amount the recipient receives for each fiscal year
under section 5336 of this title; or
``(ii) has decided that the expenditure for security
projects is not necessary;
``(K) in the case of a recipient for an urbanized area with
a population of not fewer than 200,000 individuals, as
determined by the Bureau of the Census--
``(i) will expend not less than 1 percent of the amount the
recipient receives each fiscal year under this section for
associated transit improvements, as defined in section 5302;
and
``(ii) will submit an annual report listing projects
carried out in the preceding fiscal year with those funds;
and
``(L) will comply with section 5329(d); and
``(2) the Secretary accepts the certification.
``(e) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net project
cost of the project. The recipient may provide additional
local matching amounts.
``(2) Operating expenses.--A grant for operating expenses
under this section may not exceed 50 percent of the net
project cost of the project.
``(3) Remaining costs.--Subject to paragraph (4), the
remainder of the net project costs shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues from the sale of advertising and
concessions;
``(C) from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital;
``(D) 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
``(E) from amounts received under a service agreement with
a State or local social service agency or private social
service organization.
``(4) Use of certain funds.--For purposes of subparagraphs
(D) and (E) of paragraph (3), 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.
``(f) Undertaking Projects in Advance.--
``(1) Payment.--The Secretary may pay the Government share
of the net project cost to a State or local governmental
authority that carries out any part of a project eligible
under subparagraph (A) or (B) of subsection (a)(1) without
the aid of amounts of the Government and according to all
applicable procedures and requirements if--
``(A) the recipient applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out any part of the project, the
Secretary approves the plans and specifications for the part
in the same way as for other projects under this section.
``(2) Approval of application.--The Secretary may approve
an application under paragraph (1) of this subsection only if
an authorization for this section is in effect for the fiscal
year to which the application applies. The Secretary may not
approve an application if the payment will be more than--
``(A) the recipient's expected apportionment under section
5336 of this title if the total amount authorized to be
appropriated for the fiscal year to carry out this section is
appropriated; less
``(B) the maximum amount of the apportionment that may be
made available for projects for operating expenses under this
section.
``(3) 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 recipient to the extent proceeds of the
bonds are expended in carrying out the part.
``(B) Limitation on the amount of interest.--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.
``(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
financing terms.
``(g) Reviews, Audits, and Evaluations.--
``(1) Annual review.--

[[Page S722]]

``(A) In general.--At least annually, the Secretary shall
carry out, or require a recipient to have carried out
independently, reviews and audits the Secretary considers
appropriate to establish whether the recipient has carried
out--
``(i) the activities proposed under subsection (d) of this
section in a timely and effective way and can continue to do
so; and
``(ii) those activities and its certifications and has used
amounts of the Government in the way required by law.
``(B) Auditing procedures.--An audit of the use of amounts
of the Government shall comply with the auditing procedures
of the Comptroller General.
``(2) Triennial review.--At least once every 3 years, the
Secretary shall review and evaluate completely the
performance of a recipient in carrying out the recipient's
program, specifically referring to compliance with statutory
and administrative requirements and the extent to which
actual program activities are consistent with the activities
proposed under subsection (d) of this section and the
planning process required under sections 5303, 5304, and 5305
of this title. To the extent practicable, the Secretary shall
coordinate such reviews with any related State or local
reviews.
``(3) Actions resulting from review, audit, or
evaluation.--The Secretary may take appropriate action
consistent with a review, audit, and evaluation under this
subsection, including making an appropriate adjustment in the
amount of a grant or withdrawing the grant.
``(h) Treatment.--For purposes of this section, the United
States Virgin Islands shall be treated as an urbanized area,
as defined in section 5302.
``(i) Passenger Ferry Grant Program.--
``(1) In general.--The Secretary may make grants under this
subsection to recipients for passenger ferry projects that
are eligible for a grant under subsection (a).
``(2) Grant requirements.--Except as otherwise provided in
this subsection, a grant under this subsection shall be
subject to the same terms and conditions as a grant under
subsection (a).
``(3) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.
``(4) Geographically constrained areas.--Of the amounts
made available to carry out this subsection, $10,000,000
shall be for capital grants relating to passenger ferries in
areas with limited or no access to public transportation as a
result of geographical constraints.''.

SEC. 20009. CLEAN FUEL GRANT PROGRAM.

Section 5308 of title 49, United States Code, is amended to
read as follows:

``Sec.  5308. Clean fuel grant program

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Clean fuel bus.--The term `clean fuel bus' means a
bus that is a clean fuel vehicle.
``(2) Clean fuel vehicle.--The term `clean fuel vehicle'
means a passenger vehicle used to provide public
transportation that the Administrator of the Environmental
Protection Agency has certified sufficiently reduces energy
consumption or reduces harmful emissions, including direct
carbon emissions, when compared to a comparable standard
vehicle.
``(3) Direct carbon emissions.--The term `direct carbon
emissions' means the quantity of direct greenhouse gas
emissions from a vehicle, as determined by the Administrator
of the Environmental Protection Agency.
``(4) Eligible area.--The term `eligible area' means an
area that is--
``(A) 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
``(B) a maintenance area, as defined in section 5303, for
ozone or carbon monoxide.
``(5) Eligible project.--The term `eligible project' means
a project or program of projects in an eligible area for--
``(A) acquiring or leasing clean fuel vehicles;
``(B) constructing or leasing facilities and related
equipment for clean fuel vehicles;
``(C) constructing new public transportation facilities to
accommodate clean fuel vehicles; or
``(D) rehabilitating or improving existing public
transportation facilities to accommodate clean fuel vehicles.
``(6) Recipient.--The term `recipient' means--
``(A) for an eligible area that is an urbanized area with a
population of fewer than 200,000 individuals, as determined
by the Bureau of the Census, the State in which the eligible
area is located; and
``(B) for an eligible area not described in subparagraph
(A), the designated recipient for the eligible area.
``(b) Authority.--The Secretary may make grants to
recipients to finance eligible projects under this section.
``(c) Grant Requirements.--
``(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
``(2) Government share of costs for certain projects.--
Section 5323(j) applies to projects carried out under this
section, unless the grant recipient requests a lower grant
percentage.
``(d) Minimum Amounts.--Of amounts made available by or
appropriated under section 5338(a)(2)(D) in each fiscal year
to carry out this section--
``(1) not less than 65 percent shall be made available to
fund eligible projects relating to clean fuel buses; and
``(2) not less than 10 percent shall be made available for
eligible projects relating to facilities and related
equipment for clean fuel buses.
``(e) Competitive Process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.
``(f) Availability of Funds.--Any amounts made available or
appropriated to carry out this section--
``(1) shall remain available to an eligible project for 2
years after the fiscal year for which the amount is made
available or appropriated; and
``(2) that remain unobligated at the end of the period
described in paragraph (1) shall be added to the amount made
available to an eligible project in the following fiscal
year.''.

SEC. 20010. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

(a) In General.--Section 5309 of title 49, United States
Code, is amended to read as follows:

``Sec.  5309. Fixed guideway capital investment grants

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Applicant.--The term `applicant' means a State or
local governmental authority that applies for a grant under
this section.
``(2) Bus rapid transit project.--The term `bus rapid
transit project' means a single route bus capital project--
``(A) a majority of which operates in a separated right-of-
way dedicated for public transportation use during peak
periods;
``(B) that represents a substantial investment in a single
route in a defined corridor or subarea; and
``(C) that includes features that emulate the services
provided by rail fixed guideway public transportation
systems, including--
``(i) defined stations;
``(ii) traffic signal priority for public transportation
vehicles;
``(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
``(iv) any other features the Secretary may determine are
necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
``(3) Core capacity improvement project.--The term `core
capacity improvement project' means a substantial corridor-
based capital investment in an existing fixed guideway system
that adds capacity and functionality.
``(4) New fixed guideway capital project.--The term `new
fixed guideway capital project' means--
``(A) a new fixed guideway project that is a minimum
operable segment or extension to an existing fixed guideway
system; or
``(B) a bus rapid transit project that is a minimum
operable segment or an extension to an existing bus rapid
transit system.
``(5) Program of interrelated projects.--The term `program
of interrelated projects' means the simultaneous development
of--
``(A) 2 or more new fixed guideway capital projects or core
capacity improvement projects; or
``(B) 1 or more new fixed guideway capital projects and 1
or more core capacity improvement projects.
``(b) General Authority.--The Secretary may make grants
under this section to State and local governmental
authorities to assist in financing--
``(1) new fixed guideway capital projects, including the
acquisition of real property, the initial acquisition of
rolling stock for the system, the acquisition of rights-of-
way, and relocation, for fixed guideway corridor development
for projects in the advanced stages of project development or
engineering; and
``(2) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-
way, double tracking, signalization improvements,
electrification, expanding system platforms, acquisition of
rolling stock, construction of infill stations, and such
other capacity improvement projects as the Secretary
determines are appropriate.
``(c) Grant Requirements.--
``(1) In general.--The Secretary may make a grant under
this section for new fixed guideway capital projects or core
capacity improvement projects, if the Secretary determines
that--
``(A) the project is part of an approved transportation
plan required under sections 5303 and 5304; and
``(B) the applicant has, or will have--
``(i) the legal, financial, and technical capacity to carry
out the project, including the safety and security aspects of
the project;
``(ii) satisfactory continuing control over the use of the
equipment or facilities; and
``(iii) the technical and financial capacity to maintain
new and existing equipment and 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.

[[Page S723]]

``(3) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for applicants
that have recently and successfully completed at least 1 new
bus rapid transit project, new fixed guideway capital
project, or core capacity improvement project, if--
``(A) the applicant achieved budget, cost, and ridership
outcomes for the project that are consistent with or better
than projections; and
``(B) the applicant demonstrates that the applicant
continues to have the staff expertise and other resources
necessary to implement a new project.
``(4) Recipient requirements.--A recipient of a grant
awarded under this section shall be subject to all terms,
conditions, requirements, and provisions that the Secretary
determines to be necessary or appropriate for purposes of
this section.
``(d) New Fixed Guideway Grants.--
``(1) Project development phase.--
``(A) Entrance into project development phase.--A new fixed
guideway capital project shall enter into the project
development phase when--
``(i) the applicant--

``(I) submits a letter to the Secretary describing the
project and requesting entry into the project development
phase; and
``(II) initiates activities required to be carried out
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the project; and

``(ii) the Secretary responds in writing to the applicant
within 45 days whether the information provided is sufficient
to enter into the project development phase, including, when
necessary, a detailed description of any information deemed
insufficient.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), each applicant shall develop sufficient information to
enable the Secretary to make findings of project
justification, policies and land use patterns that promote
public transportation, and local financial commitment under
this subsection.
``(C) Completion of project development activities
required.--
``(i) In general.--Not later than 2 years after the date on
which a project enters into the project development phase,
the applicant shall complete the activities required to
obtain a project rating under subsection (g)(2) and submit
completed documentation to the Secretary.
``(ii) Extension of time.--Upon the request of an
applicant, the Secretary may extend the time period under
clause (i), if the applicant submits to the Secretary--

``(I) a reasonable plan for completing the activities
required under this paragraph; and
``(II) an estimated time period within which the applicant
will complete such activities.

``(2) Engineering phase.--
``(A) In general.--A new fixed guideway capital project may
advance to the engineering phase upon completion of
activities required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project, a finding
that the project has no significant impact, or a
determination that the project is categorically excluded,
only if the Secretary determines that the project--
``(i) is selected as the locally preferred alternative at
the completion of the process required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) is adopted into the metropolitan transportation plan
required under section 5303;
``(iii) is justified based on a comprehensive review of the
project's mobility improvements, environmental benefits, and
cost-effectiveness, as measured by cost per rider;
``(iv) is supported by policies and land use patterns that
promote public transportation, including plans for future
land use and rezoning, and economic development around public
transportation stations; and
``(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection
(f).
``(B) Determination that project is justified.--In making a
determination under subparagraph (A)(iii), the Secretary
shall evaluate, analyze, and consider--
``(i) the reliability of the forecasting methods used to
estimate costs and utilization made by the recipient and the
contractors to the recipient; and
``(ii) population density and current public transportation
ridership in the transportation corridor.
``(e) Core Capacity Improvement Projects.--
``(1) Project development phase.--
``(A) Entrance into project development phase.--A core
capacity improvement project shall be deemed to have entered
into the project development phase if--
``(i) the applicant--

``(I) submits a letter to the Secretary describing the
project and requesting entry into the project development
phase; and
``(II) initiates activities required to be carried out
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the project; and

``(ii) the Secretary responds in writing to the applicant
within 45 days whether the information provided is sufficient
to enter into the project development phase, including when
necessary a detailed description of any information deemed
insufficient.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), each applicant shall develop sufficient information to
enable the Secretary to make findings of project
justification and local financial commitment under this
subsection.
``(C) Completion of project development activities
required.--
``(i) In general.--Not later than 2 years after the date on
which a project enters into the project development phase,
the applicant shall complete the activities required to
obtain a project rating under subsection (g)(2) and submit
completed documentation to the Secretary.
``(ii) Extension of time.--Upon the request of an
applicant, the Secretary may extend the time period under
clause (i), if the applicant submits to the Secretary--

``(I) a reasonable plan for completing the activities
required under this paragraph; and
``(II) an estimated time period within which the applicant
will complete such activities.

``(2) Engineering phase.--
``(A) In general.--A core capacity improvement project may
advance into the engineering phase upon completion of
activities required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project, a finding
that the project has no significant impact, or a
determination that the project is categorically excluded,
only if the Secretary determines that the project--
``(i) is selected as the locally preferred alternative at
the completion of the process required under the National
Environmental Policy Act of 1969;
``(ii) is adopted into the metropolitan transportation plan
required under section 5303;
``(iii) is in a corridor that is--

``(I) at or over capacity; or
``(II) projected to be at or over capacity within the next
5 years;

``(iv) is justified based on a comprehensive review of the
project's mobility improvements, environmental benefits, and
cost-effectiveness, as measured by cost per rider; and
``(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection
(f).
``(B) Determination that project is justified.--In making a
determination under subparagraph (A)(iv), the Secretary shall
evaluate, analyze, and 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) whether the project will adequately address the
capacity concerns in a corridor;
``(iii) whether the project will improve interconnectivity
among existing systems; and
``(iv) whether the project will improve environmental
outcomes.
``(f) Financing Sources.--
``(1) Requirements.--In determining whether a project is
supported by an acceptable degree of local financial
commitment and shows evidence of stable and dependable
financing sources for purposes of subsection (d)(2)(A)(v) or
(e)(2)(A)(v), the Secretary shall require that--
``(A) the proposed project plan provides for the
availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated cost
increases or funding shortfalls;
``(B) each proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable; and
``(C) local resources are available to recapitalize,
maintain, and operate the overall existing and 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 project.
``(2) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of local
financing for purposes of subsection (d)(2)(A)(v) or
(e)(2)(A)(v), the Secretary shall consider--
``(A) the reliability of the forecasting methods used to
estimate costs and revenues made by the recipient and the
contractors to the recipient;
``(B) existing grant commitments;
``(C) the degree to which financing sources are dedicated
to the proposed purposes;
``(D) any debt obligation that exists, or is proposed by
the recipient, for the proposed project or other public
transportation purpose; and
``(E) the extent to which the project has a local financial
commitment that exceeds the required non-Government share of
the cost of the project.
``(g) Project Advancement and Ratings.--
``(1) Project advancement.--A new fixed guideway capital
project or core capacity improvement project proposed to be
carried out using a grant under this section may not advance
from the project development phase to the engineering phase,
or from the engineering phase to the construction phase,
unless the Secretary determines that--
``(A) the project meets the applicable requirements under
this section; and

[[Page S724]]

``(B) there is a reasonable likelihood that the project
will continue to meet the requirements under this section.
``(2) Ratings.--
``(A) Overall rating.--In making a determination under
paragraph (1), the Secretary shall evaluate and rate a
project as a whole on a 5-point scale (high, medium-high,
medium, medium-low, or low) based on--
``(i) in the case of a new fixed guideway capital project,
the project justification criteria under subsection
(d)(2)(A)(iii), the policies and land use patterns that
support public transportation, and the degree of local
financial commitment; and
``(ii) in the case of a core capacity improvement project,
the capacity needs of the corridor, the project justification
criteria under subsection (e)(2)(A)(iv), and the degree of
local financial commitment.
``(B) Individual ratings for each criterion.--In rating a
project under this paragraph, the Secretary shall--
``(i) provide, in addition to the overall project rating
under subparagraph (A), individual ratings for each of the
criteria established under subsection (d)(2)(A)(iii) or
(e)(2)(A)(iv), as applicable; and
``(ii) give comparable, but not necessarily equal,
numerical weight to each of the criteria established under
subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable,
in calculating the overall project rating under clause (i).
``(C) Medium rating not required.--The Secretary shall not
require that any single project justification criterion meet
or exceed a `medium' rating in order to advance the project
from one phase to another.
``(3) Warrants.--The Secretary shall, to the maximum extent
practicable, develop and use special warrants for making a
project justification determination under subsection (d)(2)
or (e)(2), as applicable, for a project proposed to be funded
using a grant under this section, if--
``(A) the share of the cost of the project to be provided
under this section does not exceed--
``(i) $100,000,000; or
``(ii) 50 percent of the total cost of the project;
``(B) the applicant requests the use of the warrants;
``(C) the applicant certifies that its existing public
transportation system is in a state of good repair; and
``(D) the applicant meets any other requirements that the
Secretary considers appropriate to carry out this subsection.
``(4) Letters of intent and early systems work
agreements.--In order to expedite a project under this
subsection, the Secretary shall, to the maximum extent
practicable, issue letters of intent and enter into early
systems work agreements upon issuance of a record of decision
for projects that receive an overall project rating of medium
or better.
``(5) Policy guidance.--The Secretary shall issue policy
guidance regarding the review and evaluation process and
criteria--
``(A) not later than 180 days after the date of enactment
of the Federal Public Transportation Act of 2012; and
``(B) each time the Secretary makes significant changes to
the process and criteria, but not less frequently than once
every 2 years.
``(6) Rules.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue rules establishing an evaluation
and rating process for--
``(A) new fixed guideway capital projects that is based on
the results of project justification, policies and land use
patterns that promote public transportation, and local
financial commitment, as required under this subsection; and
``(B) core capacity improvement projects that is based on
the results of the capacity needs of the corridor, project
justification, and local financial commitment.
``(7) Applicability.--This subsection shall not apply to a
project for which the Secretary issued a letter of intent,
entered into a full funding grant agreement, or entered into
a project construction agreement before the date of enactment
of the Federal Public Transportation Act of 2012.
``(h) Programs of Interrelated Projects.--
``(1) Project development phase.--A federally funded
project in a program of interrelated projects shall advance
through project development as provided in subsection (d) or
(e), as applicable.
``(2) Engineering phase.--A federally funded project in a
program of interrelated projects may advance into the
engineering phase upon completion of activities required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as demonstrated by a record of decision
with respect to the project, a finding that the project has
no significant impact, or a determination that the project is
categorically excluded, only if the Secretary determines
that--
``(A) the project is selected as the locally preferred
alternative at the completion of the process required under
the National Environmental Policy Act of 1969;
``(B) the project is adopted into the metropolitan
transportation plan required under section 5303;
``(C) the program of interrelated projects involves
projects that have a logical connectivity to one another;
``(D) the program of interrelated projects, when evaluated
as a whole, meets the requirements of subsection (d)(2) or
(e)(2), as applicable;
``(E) the program of interrelated projects is supported by
a program implementation plan demonstrating that construction
will begin on each of the projects in the program of
interrelated projects within a reasonable time frame; and
``(F) the program of interrelated projects is supported by
an acceptable degree of local financial commitment, as
described in subsection (f).
``(3) Project advancement and ratings.--
``(A) Project advancement.--A project receiving a grant
under this section that is part of a program of interrelated
projects may not advance from the project development phase
to the engineering phase, or from the engineering phase to
the construction phase, unless the Secretary determines that
the program of interrelated projects meets the applicable
requirements of this section and there is a reasonable
likelihood that the program will continue to meet such
requirements.
``(B) Ratings.--
``(i) Overall rating.--In making a determination under
subparagraph (A), the Secretary shall evaluate and rate a
program of interrelated projects on a 5-point scale (high,
medium-high, medium, medium-low, or low) based on the
criteria described in paragraph (2).
``(ii) Individual rating for each criterion.--In rating a
program of interrelated projects, the Secretary shall
provide, in addition to the overall program rating,
individual ratings for each of the criteria described in
paragraph (2) and shall give comparable, but not necessarily
equal, numerical weight to each such criterion in calculating
the overall program rating.
``(iii) Medium rating not required.--The Secretary shall
not require that any single criterion described in paragraph
(2) meet or exceed a `medium' rating in order to advance the
program of interrelated projects from one phase to another.
``(4) Annual review.--
``(A) Review required.--The Secretary shall annually review
the program implementation plan required under paragraph
(2)(E) to determine whether the program of interrelated
projects is adhering to its schedule.
``(B) Extension of time.--If a program of interrelated
projects is not adhering to its schedule, the Secretary may,
upon the request of the applicant, grant an extension of time
if the applicant submits a reasonable plan that includes--
``(i) evidence of continued adequate funding; and
``(ii) an estimated time frame for completing the program
of interrelated projects.
``(C) Satisfactory progress required.--If the Secretary
determines that a program of interrelated projects is not
making satisfactory progress, no Federal funds shall be
provided for a project within the program of interrelated
projects.
``(5) Failure to carry out program of interrelated
projects.--
``(A) Repayment required.--If an applicant does not carry
out the program of interrelated projects within a reasonable
time, for reasons within the control of the applicant, the
applicant shall repay all Federal funds provided for the
program, and any reasonable interest and penalty charges that
the Secretary may establish.
``(B) Crediting of funds received.--Any funds received by
the Government under this paragraph, other than interest and
penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.
``(6) Non-federal funds.--Any non-Federal funds committed
to a project in a program of interrelated projects may be
used to meet a non-Government share requirement for any other
project in the program of interrelated projects, if the
Government share of the cost of each project within the
program of interrelated projects does not exceed 80 percent.
``(7) Priority.--In making grants under this section, the
Secretary may give priority to programs of interrelated
projects for which the non-Government share of the cost of
the projects included in the programs of interrelated
projects exceeds the non-Government share required under
subsection (k).
``(8) Non-government projects.--Including a project not
financed by the Government in a program of interrelated
projects does not impose Government requirements that would
not otherwise apply to the project.
``(i) Previously Issued Letter of Intent or Full Funding
Grant Agreement.--Subsections (d) and (e) shall not apply to
projects for which the Secretary has issued a letter of
intent, entered into a full funding grant agreement, or
entered into a project construction grant agreement before
the date of enactment of the Federal Public Transportation
Act of 2012.
``(j) 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 fixed guideway capital
project or core capacity improvement 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. When a letter
is issued for a capital project under this section, the
amount shall

[[Page S725]]

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), 1501, and 1502(a) of title 31, United
States Code, or an administrative commitment.
``(2) Full funding grant agreements.--
``(A) In general.--A new fixed guideway capital project or
core capacity improvement 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 subsection (d), (e), or (h), as applicable,
with each grantee receiving assistance for a new fixed
guideway capital project or core capacity improvement project
that has been rated as high, medium-high, or medium, in
accordance with subsection (g)(2)(A) or (h)(3)(B), as
applicable.
``(C) Terms.--A full funding grant agreement shall--
``(i) establish the terms of participation by the
Government in a new fixed guideway capital project or core
capacity improvement project;
``(ii) establish the maximum amount of Federal financial
assistance for the project;
``(iii) include the period of time for completing the
project, even if that period extends 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.
``(D) 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 new
fixed guideway capital project shall be sufficient to
complete at least an operable segment.
``(E) 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 or core capacity improvement project
on public transportation services and public transportation
ridership;
``(II) evaluates the consistency of predicted and actual
project characteristics and performance; and
``(III) identifies reasons for differences between
predicted and actual outcomes.

``(ii) Information collection and analysis plan.--

``(I) Submission of plan.--Applicants seeking a full
funding grant 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 or core capacity improvement 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) collection of data on the current public
transportation system regarding public transportation 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 public transportation
system 2 years after the opening of a new fixed guideway
capital project or core capacity improvement project,
including analogous information on public transportation
service levels and ridership patterns and information on the
as-built scope, capital, and financing costs of the project;
and
``(dd) analysis of the consistency of predicted project
characteristics with actual outcomes.
``(F) 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 under subparagraph (E)(ii),
before the beginning of construction of the proposed new
fixed guideway capital project or core capacity improvement
project. Collection of this 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 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.--An early systems work agreement under
this paragraph obligates budget authority available under
this chapter and title 23 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) Contingent commitment.--An early systems work
agreement 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.
``(iii) Period covered.--An early systems 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.
``(iv) Interest and other financing costs.--Interest and
other financing costs of efficiently carrying out the early
systems 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.
``(v) 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 Federal grant
funds awarded for the project from all Federal funding
sources, for all project activities, facilities, and
equipment, plus reasonable interest and penalty charges
allowable by law or established by the Secretary in the early
systems work agreement.
``(vi) Crediting of funds received.--Any funds received by
the Government under this paragraph, other than interest and
penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.
``(4) Limitation on amounts.--
``(A) In general.--The Secretary may enter into full
funding grant agreements under this subsection for new fixed
guideway capital projects and core capacity improvement
projects that contain contingent commitments to incur
obligations in such amounts as the Secretary determines are
appropriate.
``(B) Appropriation required.--An obligation may be made
under this subsection only when amounts are appropriated for
the obligation.
``(5) Notification to congress.--At least 30 days before
issuing a letter of intent, entering into a full funding
grant agreement, or entering into an early systems work
agreement under this section, the Secretary shall notify, in
writing, the Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives
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.
``(k) Government Share of Net Capital 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. A grant for the project shall not
exceed 80 percent of the net capital project cost.
``(2) Adjustment for completion under budget.--The
Secretary may adjust the final net capital project cost of a
new fixed guideway capital project or core capacity
improvement project evaluated under subsection (d), (e), or
(h) 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 capital project
cost of the project is not more than 10 percent higher than
the net capital project cost estimated at the time the
project was approved for advancement into the engineering
phase; 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 the
engineering phase.
``(4) Remainder of net capital project cost.--The remainder
of the net capital

[[Page S726]]

project cost 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 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 provided
by 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 shall
not apply to projects for which the Secretary entered into a
full funding grant agreement before the date of enactment of
the Federal Public Transportation Act of 2012.
``(l) Undertaking Projects in Advance.--
``(1) In general.--The Secretary may pay the Government
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 the State or local governmental authority
carries 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
financing terms.
``(m) Availability of Amounts.--
``(1) In general.--An amount made available or appropriated
for a new fixed guideway capital project or core capacity
improvement project shall remain available to that project
for 5 fiscal years, including the fiscal year in which the
amount is made available or appropriated. Any amounts that
are unobligated to the project at the end of the 5-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.
``(n) Reports on New Fixed Guideway and Core Capacity
Improvement 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 Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives a
report that includes--
``(A) a proposal of allocations of amounts to be available
to finance grants for projects under this section among
applicants for these amounts;
``(B) evaluations and ratings, as required under
subsections (d), (e), and (h), for each such project that is
in project development, engineering, or has received a full
funding grant agreement; 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) Reports on before and after studies.--Not later than
the first Monday in August of each year, the Secretary shall
submit to the committees described in paragraph (1) a report
containing a summary of the results of any studies conducted
under subsection (j)(2)(E).
``(3) Annual gao review.--The Comptroller General of the
United States shall--
``(A) conduct an annual review of--
``(i) the processes and procedures for evaluating, rating,
and recommending new fixed guideway capital projects and core
capacity improvement 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.''.
(b) Pilot Program for Expedited Project Delivery.--
(1) Definitions.--In this subsection the following
definitions shall apply:
(A) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project or a core capacity
improvement project, as those terms are defined in section
5309 of title 49, United States Code, as amended by this
section, that has not entered into a full funding grant
agreement with the Federal Transit Administration before the
date of enactment of the Federal Public Transportation Act of
2012.
(B) Program.--The term ``program'' means the pilot program
for expedited project delivery established under this
subsection.
(C) Recipient.--The term ``recipient'' means a recipient of
funding under chapter 53 of title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Establishment.--The Secretary shall establish and
implement a pilot program to demonstrate whether innovative
project development and delivery methods or innovative
financing arrangements can expedite project delivery for
certain meritorious new fixed guideway capital projects and
core capacity improvement projects.
(3) Limitation on number of projects.--The Secretary shall
select 3 eligible projects to participate in the program, of
which--
(A) at least 1 shall be an eligible project requesting more
than $100,000,000 in Federal financial assistance under
section 5309 of title 49, United States Code; and
(B) at least 1 shall be an eligible project requesting less
than $100,000,000 in Federal financial assistance under
section 5309 of title 49, United States Code.
(4) Government share.--The Government share of the total
cost of an eligible project that participates in the program
may not exceed 50 percent.
(5) Eligibility.--A recipient that desires to participate
in the program shall submit to the Secretary an application
that contains, at a minimum--
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction and
operation of the eligible project;
(C) an analysis of the efficiencies of the proposed project
development and delivery methods or innovative financing
arrangement for the eligible project; and
(D) a certification that the recipient's existing public
transportation system is in a state of good repair.
(6) Selection criteria.--The Secretary may award a full
funding grant agreement under this subsection if the
Secretary determines that--
(A) the recipient has completed planning and the activities
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) the recipient has the necessary legal, financial, and
technical capacity to carry out the eligible project.
(7) Before and after study and report.--
(A) Study required.--A full funding grant agreement under
this paragraph shall require a recipient to conduct a study
that--
(i) describes and analyzes the impacts of the eligible
project on public transportation services and public
transportation ridership;
(ii) describes and analyzes the consistency of predicted
and actual benefits and costs of the innovative project
development and delivery methods or innovative financing for
the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) Submission of report.--Not later than 9 months after an
eligible project selected to participate in the program
begins revenue operations, the recipient shall submit to the
Secretary a report on the results of the study under
subparagraph (A).

SEC. 20011. FORMULA GRANTS FOR THE ENHANCED MOBILITY OF
SENIORS AND INDIVIDUALS WITH DISABILITIES.

Section 5310 of title 49, United States Code, is amended to
read as follows:

``Sec.  5310. Formula grants for the enhanced mobility of
seniors and individuals with disabilities

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Recipient.--The term `recipient' means a designated
recipient or 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 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 recipients for--
``(A) public transportation capital projects planned,
designed, and carried out to meet the special needs of
seniors and individuals with disabilities when public
transportation is insufficient, inappropriate, or
unavailable;
``(B) public transportation projects that exceed the
requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.);
``(C) public transportation projects that improve access to
fixed route service and decrease reliance by individuals with
disabilities on complementary paratransit; and
``(D) alternatives to public transportation that assist
seniors and individuals with disabilities with
transportation.
``(2) Limitations for capital projects.--
``(A) Amount available.--The amount available for capital
projects under paragraph (1)(A) shall be not less than 55
percent of the funds apportioned to the recipient under this
section.
``(B) Allocation to subrecipients.--A recipient of a grant
under paragraph (1)(A)

[[Page S727]]

may allocate the amounts provided under the grant to--
``(i) a nonprofit organization; or
``(ii) a State or local governmental authority that--

``(I) is approved by a State to coordinate services for
seniors and individuals with disabilities; or
``(II) certifies that there are no nonprofit organizations
readily available in the area to provide the services
described in paragraph (1)(A).

``(3) Administrative expenses.--
``(A) In general.--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.
``(B) Government share of costs.--The Government share of
the costs of administering a program carried out using funds
under this section shall be 100 percent.
``(4) Eligible capital expenses.--The acquisition of public
transportation services is an eligible capital expense under
this section.
``(5) Coordination.--
``(A) Department of transportation.--To the maximum extent
feasible, the Secretary shall coordinate activities under
this section with related activities under other Federal
departments and agencies.
``(B) Other federal agencies and nonprofit organizations.--
A State or local governmental authority or nonprofit
organization that receives assistance from Government sources
(other than the Department of Transportation) for
nonemergency transportation services shall--
``(i) participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
``(ii) participate in the planning for the transportation
services described in clause (i).
``(6) Program of projects.--
``(A) In general.--Amounts made available to carry out this
section may be used for transportation projects to assist in
providing transportation services for seniors and individuals
with disabilities, if such transportation projects are
included in a program of projects.
``(B) Submission.--A recipient shall annually submit a
program of projects to the Secretary.
``(C) Assurance.--The program of projects submitted under
subparagraph (B) shall contain an assurance that the program
provides for the maximum feasible coordination of
transportation services assisted under this section with
transportation services assisted by other Government sources.
``(7) Meal delivery for homebound individuals.--A public
transportation service provider that receives 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.
``(c) Apportionment and Transfers.--
``(1) Formula.--The Secretary shall apportion amounts made
available to carry out this section as follows:
``(A) Large urbanized areas.--Sixty percent of the funds
shall be apportioned among designated recipients for
urbanized areas with a population of 200,000 or more
individuals, as determined by the Bureau of the Census, in
the ratio that--
``(i) the number of seniors and individuals with
disabilities in each such urbanized area; bears to
``(ii) the number of seniors and individuals with
disabilities in all such urbanized areas.
``(B) Small urbanized areas.--Twenty percent of the funds
shall be apportioned among the States in the ratio that--
``(i) the number of seniors and individuals with
disabilities in urbanized areas with a population of fewer
than 200,000 individuals, as determined by the Bureau of the
Census, in each State; bears to
``(ii) the number of seniors and individuals with
disabilities in urbanized areas with a population of fewer
than 200,000 individuals, as determined by the Bureau of the
Census, in all States.
``(C) Other than urbanized areas.--Twenty percent of the
funds shall be apportioned among the States in the ratio
that--
``(i) the number of seniors and individuals with
disabilities in other than urbanized areas in each State;
bears to
``(ii) the number of seniors and individuals with
disabilities in other than urbanized areas in all States.
``(2) Areas served by projects.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) funds apportioned under paragraph (1)(A) shall be
used for projects serving urbanized areas with a population
of 200,000 or more individuals, as determined by the Bureau
of the Census;
``(ii) funds apportioned under paragraph (1)(B) shall be
used for projects serving urbanized areas with a population
of fewer than 200,000 individuals, as determined by the
Bureau of the Census; and
``(iii) funds apportioned under paragraph (1)(C) shall be
used for projects serving other than urbanized areas.
``(B) Exceptions.--A State may use funds apportioned to the
State under subparagraph (B) or (C) of paragraph (1)--
``(i) for a project serving an area other than an area
specified in subparagraph (A)(ii) or (A)(iii), 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 area
specified in subparagraph (A)(ii) or (A)(iii); or
``(ii) for a project anywhere in the State, if the State
has established a statewide program for meeting the
objectives of this section.
``(C) Limited to eligible projects.--Any funds transferred
pursuant to subparagraph (B) shall be made available only for
eligible projects selected under this section.
``(D) Consultation.--A recipient may transfer an amount
under subparagraph (B) only after consulting with responsible
local officials, publicly owned operators of public
transportation, and nonprofit providers in the area for which
the amount was originally apportioned.
``(d) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be in an amount equal to 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 an amount
equal to 50 percent of the net operating costs of the
project, as determined by the Secretary.
``(3) Remainder of net costs.--The remainder of the net
costs of a project carried out under this section--
``(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 or otherwise
made available--
``(i) to a department or agency of the Government (other
than the Department of Transportation) that are eligible to
be expended for transportation; or
``(ii) to carry out the Federal lands highways program
under section 204 of title 23, United States Code.
``(4) Use of certain funds.--For purposes of paragraph
(3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of
the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the
use of grant funds for matching requirements shall not apply
to Federal or State funds to be used for transportation
purposes.
``(e) Grant Requirements.--
``(1) In general.--A grant under this section shall be
subject to the same requirements as a grant under section
5307, to the extent the Secretary determines appropriate.
``(2) Certification requirements.--
``(A) Project selection and plan development.--Before
receiving a grant under this section, each recipient shall
certify that--
``(i) the projects selected by the recipient are included
in a locally developed, coordinated public transit-human
services transportation plan;
``(ii) the plan described in clause (i) was developed and
approved through a process that included participation by
seniors, individuals with disabilities, representatives of
public, private, and nonprofit transportation and human
services providers, and other members of the public; and
``(iii) to the maximum extent feasible, the services funded
under this section will be coordinated with transportation
services assisted by other Federal departments and agencies.
``(B) Allocations to subrecipients.--If a recipient
allocates funds received under this section to subrecipients,
the recipient shall certify that the funds are allocated on a
fair and equitable basis.
``(f) Competitive Process for Grants to Subrecipients.--
``(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) may conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications for
grants under this section.
``(2) Statewide solicitations.--A recipient of funds
apportioned under subparagraph (B) or (C) of subsection
(c)(1) may conduct a statewide solicitation for applications
for grants under this section.
``(3) Application.--If the recipient elects to engage in a
competitive process, a recipient or subrecipient seeking to
receive a grant from funds apportioned under subsection (c)
shall submit to the recipient making the election an
application in such form and in accordance with such
requirements as the recipient making the election shall
establish.
``(g) Transfers of Facilities and Equipment.--A recipient
may transfer a facility or equipment acquired using a grant
under this section to any other recipient eligible to receive
assistance under this chapter, if--
``(1) the recipient in possession of the facility or
equipment consents to the transfer; and
``(2) the facility or equipment will continue to be used as
required under this section.
``(h) Performance Measures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a final rule to establish
performance measures for grants under this section.
``(2) Targets.--Not later than 3 months after the date on
which the Secretary issues

[[Page S728]]

a final rule under paragraph (1), and each fiscal year
thereafter, each recipient that receives Federal financial
assistance under this section shall establish performance
targets in relation to the performance measures established
by the Secretary.
``(3) Reports.--Each recipient of Federal financial
assistance under this section shall submit to the Secretary
an annual report that describes--
``(A) the progress of the recipient toward meeting the
performance targets established under paragraph (2) for that
fiscal year; and
``(B) the performance targets established by the recipient
for the subsequent fiscal year.''.

SEC. 20012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

Section 5311 of title 49, United States Code, is amended to
read as follows:

``Sec.  5311. Formula grants for other than urbanized areas

``(a) Definitions.--As used in this section, the following
definitions shall apply:
``(1) Recipient.--The term `recipient' means a State or
Indian tribe that receives a Federal transit program grant
directly from the Government.
``(2) Subrecipient.--The term `subrecipient' means a State
or local governmental authority, a nonprofit organization, or
an operator of public transportation or intercity bus service
that receives Federal transit program grant funds indirectly
through a recipient.
``(b) General Authority.--
``(1) Grants authorized.--Except as provided by paragraph
(2), the Secretary may award grants under this section to
recipients located in areas other than urbanized areas for--
``(A) planning, provided that a grant under this section
for planning activities shall be in addition to funding
awarded to a State under section 5305 for planning activities
that are directed specifically at the needs of other than
urbanized areas in the State;
``(B) public transportation capital projects;
``(C) operating costs of equipment and facilities for use
in public transportation; and
``(D) the acquisition of public transportation services,
including service agreements with private providers of public
transportation service.
``(2) State program.--
``(A) In general.--A project eligible for a grant under
this section shall be included in a State program for public
transportation service projects, including agreements with
private providers of public transportation service.
``(B) Submission to secretary.--Each State shall submit to
the Secretary annually the program described in subparagraph
(A).
``(C) Approval.--The Secretary may not approve the program
unless the Secretary determines that--
``(i) the program provides a fair distribution of amounts
in the State, including Indian reservations; and
``(ii) the program provides the maximum feasible
coordination of public transportation service assisted under
this section with transportation service assisted by other
Federal sources.
``(3) Rural transportation assistance program.--
``(A) In general.--The Secretary shall carry out a rural
transportation assistance program in other than urbanized
areas.
``(B) Grants and contracts.--In carrying out this
paragraph, the Secretary may use not more than 2 percent of
the amount made available under section 5338(a)(2)(F) to make
grants and contracts for transportation research, technical
assistance, training, and related support services in other
than urbanized areas.
``(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.
``(4) Data collection.--Each recipient under this section
shall submit an annual report to the Secretary containing
information on capital investment, operations, and service
provided with funds received under this section, including--
``(A) total annual revenue;
``(B) sources of revenue;
``(C) total annual operating costs;
``(D) total annual capital costs;
``(E) fleet size and type, and related facilities;
``(F) vehicle revenue miles; and
``(G) ridership.
``(c) Apportionments.--
``(1) Public transportation on indian reservations.--Of the
amounts made available or appropriated for each fiscal year
pursuant to section 5338(a)(2)(F) to carry out this
paragraph, the following amounts shall be apportioned each
fiscal year 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) $10,000,000 shall be distributed on a competitive
basis by the Secretary.
``(B) $20,000,000 shall be apportioned as formula grants,
as provided in subsection (k).
``(2) Appalachian development public transportation
assistance program.--
``(A) Definitions.--In this paragraph--
``(i) the term `Appalachian region' has the same meaning as
in section 14102 of title 40; and
``(ii) the term `eligible recipient' means a State that
participates in a program established under subtitle IV of
title 40.
``(B) In general.--The Secretary shall carry out a public
transportation assistance program in the Appalachian region.
``(C) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section 5338(a)(2)(F)
to carry out this paragraph, the Secretary shall apportion
funds to eligible recipients for any purpose eligible under
this section, based on the guidelines established under
section 9.5(b) of the Appalachian Regional Commission Code.
``(D) Special rule.--An eligible recipient may use amounts
that cannot be used for operating expenses under this
paragraph for a highway project if--
``(i) that use is approved, in writing, by the eligible
recipient after appropriate notice and an opportunity for
comment and appeal are provided to affected public
transportation providers; and
``(ii) the eligible recipient, in approving the use of
amounts under this subparagraph, determines that the local
transit needs are being addressed.
``(3) Remaining amounts.--
``(A) In general.--The amounts made available or
appropriated for each fiscal year pursuant to section
5338(a)(2)(F) that are not apportioned under paragraph (1) or
(2) shall be apportioned in accordance with this paragraph.
``(B) Apportionment based on land area and population in
nonurbanized areas.--
``(i) In general.--83.15 percent of the amount described in
subparagraph (A) shall be apportioned to the States in
accordance with this subparagraph.
``(ii) Land area.--

``(I) In general.--Subject to subclause (II), each State
shall receive an amount that is equal to 20 percent of the
amount apportioned under clause (i), multiplied by the ratio
of the land area in areas other than urbanized areas in that
State and divided by the land area in all areas other than
urbanized areas in the United States, as shown by the most
recent decennial census of population.
``(II) Maximum apportionment.--No State shall receive more
than 5 percent of the amount apportioned under subclause (I).

``(iii) Population.--Each State shall receive an amount
equal to 80 percent of the amount apportioned under clause
(i), multiplied by the ratio of the population of areas other
than urbanized areas in that State and divided by the
population of all areas other than urbanized areas in the
United States, as shown by the most recent decennial census
of population.
``(C) Apportionment based on land area, vehicle revenue
miles, and low-income individuals in nonurbanized areas.--
``(i) In general.--16.85 percent of the amount described in
subparagraph (A) shall be apportioned to the States in
accordance with this subparagraph.
``(ii) Land area.--Subject to clause (v), each State shall
receive an amount that is equal to 29.68 percent of the
amount apportioned under clause (i), multiplied by the ratio
of the land area in areas other than urbanized areas in that
State and divided by the land area in all areas other than
urbanized areas in the United States, as shown by the most
recent decennial census of population.
``(iii) Vehicle revenue miles.--Subject to clause (v), each
State shall receive an amount that is equal to 29.68 percent
of the amount apportioned under clause (i), multiplied by the
ratio of vehicle revenue miles in areas other than urbanized
areas in that State and divided by the vehicle revenue miles
in all areas other than urbanized areas in the United States,
as determined by national transit database reporting.
``(iv) Low-income individuals.--Each State shall receive an
amount that is equal to 40.64 percent of the amount
apportioned under clause (i), multiplied by the ratio of low-
income individuals in areas other than urbanized areas in
that State and divided by the number of low-income
individuals in all areas other than urbanized areas in the
United States, as shown by the Bureau of the Census.
``(v) Maximum apportionment.--No State shall receive--

``(I) more than 5 percent of the amount apportioned under
clause (ii); or
``(II) more than 5 percent of the amount apportioned under
clause (iii).

``(d) Use for Local Transportation Service.--A State may
use an amount apportioned under this section for a project
included in a program under subsection (b) of this section
and eligible for assistance under this chapter if the project
will provide local transportation service, as defined by the
Secretary of Transportation, in an area other than an
urbanized area.
``(e) Use for Administration, Planning, and Technical
Assistance.--The Secretary may allow a State to use not more
than 15 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--

[[Page S729]]

``(A) planning and marketing for intercity bus
transportation;
``(B) capital grants for intercity bus shelters;
``(C) joint-use stops and depots;
``(D) operating grants through purchase-of-service
agreements, user-side subsidies, and demonstration projects;
and
``(E) coordinating rural connections between small public
transportation operations and intercity bus carriers.
``(2) Certification.--A State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which
the Governor of the State certifies to the Secretary, after
consultation with affected intercity bus service providers,
that the intercity bus service needs of the State are being
met adequately.
``(g) Access to Jobs Projects.--
``(1) In general.--Amounts made available under section
5338(a)(2)(F) may be used to carry out a program to develop
and maintain job access projects. Eligible projects may
include--
``(A) projects relating to the development and maintenance
of public transportation services designed to transport
eligible low-income individuals to and from jobs and
activities related to their employment, including--
``(i) public transportation projects to finance planning,
capital, and operating costs of providing access to jobs
under this chapter;
``(ii) promoting public transportation by low-income
workers, including the use of public transportation by
workers with nontraditional work schedules;
``(iii) promoting the use of transit vouchers for welfare
recipients and eligible low-income individuals; and
``(iv) promoting the use of employer-provided
transportation, including the transit pass benefit program
under section 132 of the Internal Revenue Code of 1986; and
``(B) transportation projects designed to support the use
of public transportation including--
``(i) enhancements to existing public transportation
service for workers with non-traditional hours or reverse
commutes;
``(ii) guaranteed ride home programs;
``(iii) bicycle storage facilities; and
``(iv) projects that otherwise facilitate the provision of
public transportation services to employment opportunities.
``(2) Project selection and plan development.--Each grant
recipient under this subsection shall certify that--
``(A) the projects selected were included in a locally
developed, coordinated public transit-human services
transportation plan;
``(B) the plan was developed and approved through a process
that included participation by low-income individuals,
representatives of public, private, and nonprofit
transportation and human services providers, and the public;
``(C) to the maximum extent feasible, services funded under
this subsection are coordinated with transportation services
funded by other Federal departments and agencies; and
``(D) allocations of the grant to subrecipients, if any,
are distributed on a fair and equitable basis.
``(3) Competitive process for grants to subrecipients.--
``(A) Statewide solicitations.--A State may conduct a
statewide solicitation for applications for grants to
recipients and subrecipients under this subsection.
``(B) Application.--If the State elects to engage in a
competitive process, recipients and subrecipients seeking to
receive a grant from apportioned funds shall submit to the
State an application in the form and in accordance with such
requirements as the State shall establish.
``(h) Government Share of Costs.--
``(1) Capital projects.--
``(A) In general.--Except as provided by subparagraph (B),
a grant awarded under this section for a capital project or
project administrative expenses shall be for 80 percent of
the net 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 costs in
accordance with the formula under that section.
``(2) Operating assistance.--
``(A) In general.--Except as provided by 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 equal to 62.5 percent of the Government share
provided for under paragraph (1)(B).
``(3) Remainder.--The remainder of 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.
``(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 State 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) Transfer of Facilities and Equipment.--With the
consent of the recipient currently having a facility or
equipment acquired with assistance 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.
``(j) Relationship to Other Laws.--
``(1) In general.--Section 5333(b) applies to this section
if the Secretary of Labor utilizes a special warranty that
provides a fair and equitable arrangement to protect the
interests of employees.
``(2) Rule of construction.--This subsection does not
affect or discharge a responsibility of the Secretary of
Transportation under a law of the United States.
``(k) Formula Grants for Public Transportation on Indian
Reservations.--
``(1) Apportionment.--
``(A) In general.--Of the amounts described in subsection
(c)(1)(B)--
``(i) 50 percent of the total amount shall be apportioned
so that each Indian tribe providing public transportation
service shall receive an amount equal to the total amount
apportioned under this clause multiplied by the ratio of the
number of vehicle revenue miles provided by an Indian tribe
divided by the total number of vehicle revenue miles provided
by all Indian tribes, as reported to the Secretary;
``(ii) 25 percent of the total amount shall be apportioned
equally among each Indian tribe providing at least 200,000
vehicle revenue miles of public transportation service
annually, as reported to the Secretary; and
``(iii) 25 percent of the total amount shall be apportioned
among each Indian tribe providing public transportation on
tribal lands on which more than 1,000 low-income individuals
reside (as determined by the Bureau of the Census) so that
each Indian tribe shall receive an amount equal to the total
amount apportioned under this clause multiplied by the ratio
of the number of low-income individuals residing on an Indian
tribe's lands divided by the total number of low-income
individuals on tribal lands on which more than 1,000 low-
income individuals reside.
``(B) Limitation.--No recipient shall receive more than
$300,000 of the amounts apportioned under subparagraph
(A)(iii) in a fiscal year.
``(C) Remaining amounts.--Of the amounts made available
under subparagraph (A)(iii), any amounts not apportioned
under that subparagraph shall be allocated among Indian
tribes receiving less than $300,000 in a fiscal year
according to the formula specified in that clause.
``(D) Low-income individuals.--For purposes of subparagraph
(A)(iii), the term `low-income individual' means an
individual whose family income is at or below 100 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.
``(2) Non-tribal service providers.--A recipient that is an
Indian tribe may use funds apportioned under this subsection
to finance public transportation services provided by a non-
tribal provider of public transportation that connects
residents of tribal lands with surrounding communities,
improves access to employment or healthcare, or otherwise
addresses the mobility needs of tribal members.''.

SEC. 20013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
DEPLOYMENT PROJECTS.

Section 5312 of title 49, United States Code, is amended to
read as follows:

``Sec.  5312. Research, development, demonstration, and
deployment projects

``(a) Research, Development, Demonstration, and Deployment
Projects.--
``(1) In general.--The Secretary may make grants and enter
into contracts, cooperative agreements, and other agreements
for research, development, demonstration, and deployment
projects, and evaluation of research and technology of
national significance to public transportation, that the
Secretary determines will improve public transportation.
``(2) Agreements.--In order to carry out paragraph (1), the
Secretary may make grants to and enter into contracts,
cooperative agreements, and other agreements with--
``(A) departments, agencies, and instrumentalities of the
Government;
``(B) State and local governmental entities;
``(C) providers of public transportation;
``(D) private or non-profit organizations;
``(E) institutions of higher education; and
``(F) technical and community colleges.
``(3) Application.--
``(A) In general.--To receive a grant, contract,
cooperative agreement, or other agreement under this section,
an entity described in paragraph (2) shall submit an
application to the Secretary.

[[Page S730]]

``(B) Form and contents.--An application under subparagraph
(A) shall be in such form and contain such information as the
Secretary may require, including--
``(i) a statement of purpose detailing the need being
addressed;
``(ii) the short- and long-term goals of the project,
including opportunities for future innovation and
development, the potential for deployment, and benefits to
riders and public transportation; and
``(iii) the short- and long-term funding requirements to
complete the project and any future objectives of the
project.
``(b) Research.--
``(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described in
subsection (a)(2) to carry out a public transportation
research project that has as its ultimate goal the
development and deployment of new and innovative ideas,
practices, and approaches.
``(2) Project eligibility.--A public transportation
research project that receives assistance under paragraph (1)
shall focus on--
``(A) providing more effective and efficient public
transportation service, including services to--
``(i) seniors;
``(ii) individuals with disabilities; and
``(iii) low-income individuals;
``(B) mobility management and improvements and travel
management systems;
``(C) data and communication system advancements;
``(D) system capacity, including--
``(i) train control;
``(ii) capacity improvements; and
``(iii) performance management;
``(E) capital and operating efficiencies;
``(F) planning and forecasting modeling and simulation;
``(G) advanced vehicle design;
``(H) advancements in vehicle technology;
``(I) asset maintenance and repair systems advancement;
``(J) construction and project management;
``(K) alternative fuels;
``(L) the environment and energy efficiency;
``(M) safety improvements; or
``(N) any other area that the Secretary determines is
important to advance the interests of public transportation.
``(c) Innovation and Development.--
``(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described in
subsection (a)(2) to carry out a public transportation
innovation and development project that seeks to improve
public transportation systems nationwide in order to provide
more efficient and effective delivery of public
transportation services, including through technology and
technological capacity improvements.
``(2) Project eligibility.--A public transportation
innovation and development project that receives assistance
under paragraph (1) shall focus on--
``(A) the development of public transportation research
projects that received assistance under subsection (b) that
the Secretary determines were successful;
``(B) planning and forecasting modeling and simulation;
``(C) capital and operating efficiencies;
``(D) advanced vehicle design;
``(E) advancements in vehicle technology;
``(F) the environment and energy efficiency;
``(G) system capacity, including train control and capacity
improvements; or
``(H) any other area that the Secretary determines is
important to advance the interests of public transportation.
``(d) Demonstration, Deployment, and Evaluation.--
``(1) In general.--The Secretary may, under terms and
conditions that the Secretary prescribes, make a grant to or
enter into a contract, cooperative agreement, or other
agreement with an entity described in paragraph (2) to
promote the early deployment and demonstration of innovation
in public transportation that has broad applicability.
``(2) Participants.--An entity described in this paragraph
is--
``(A) an entity described in subsection (a)(2); or
``(B) a consortium of entities described in subsection
(a)(2), including a provider of public transportation, that
will share the costs, risks, and rewards of early deployment
and demonstration of innovation.
``(3) Project eligibility.--A project that receives
assistance under paragraph (1) shall seek to build on
successful research, innovation, and development efforts to
facilitate--
``(A) the deployment of research and technology development
resulting from private efforts or federally funded efforts;
and
``(B) the implementation of research and technology
development to advance the interests of public
transportation.
``(4) Evaluation.--Not later than 2 years after the date on
which a project receives assistance under paragraph (1), the
Secretary shall conduct a comprehensive evaluation of the
success or failure of the projects funded under this
subsection and any plan for broad-based implementation of the
innovation promoted by successful projects.
``(e) Annual Report on Research.--Not later than the first
Monday in February of each year, the Secretary shall submit
to the Committee on Banking, Housing, and Urban Affairs and
the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives a
report that includes--
``(1) a description of each project that received
assistance under this section during the preceding fiscal
year;
``(2) an evaluation of each project described in paragraph
(1), including any evaluation conducted under subsection
(d)(4) for the preceding fiscal year; and
``(3) a proposal for allocations of amounts for assistance
under this section for the subsequent fiscal year.
``(f) Government Share of Costs.--
``(1) In general.--The Government share of the cost of a
project carried out under this section shall not exceed 80
percent.
``(2) Non-government share.--The non-Government share of
the cost of a project carried out under this section may be
derived from in-kind contributions.
``(3) Financial benefit.--If the Secretary determines that
there would be a clear and direct financial benefit to an
entity under a grant, contract, cooperative agreement, or
other agreement under this section, the Secretary shall
establish a Government share of the costs of the project to
be carried out under the grant, contract, cooperative
agreement, or other agreement that is consistent with the
benefit.''.

SEC. 20014. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.

Section 5314 of title 49, United States Code, is amended to
read as follows:

``Sec.  5314. Technical assistance and standards development

``(a) Technical Assistance and Standards Development.--
``(1) In general.--The Secretary may make grants and enter
into contracts, cooperative agreements, and other agreements
(including agreements with departments, agencies, and
instrumentalities of the Government) to carry out activities
that the Secretary determines will assist recipients of
assistance under this chapter to--
``(A) more effectively and efficiently provide public
transportation service;
``(B) administer funds received under this chapter in
compliance with Federal law; and
``(C) improve public transportation.
``(2) Eligible activities.--The activities carried out
under paragraph (1) may include--
``(A) technical assistance; and
``(B) the development of standards and best practices by
the public transportation industry.
``(b) Technical Assistance Centers.--
``(1) Definition.--In this subsection, the term `eligible
entity' means a nonprofit organization, an institution of
higher education, or a technical or community college.
``(2) In general.--The Secretary may make grants to and
enter into contracts, cooperative agreements, and other
agreements with eligible entities to administer centers to
provide technical assistance, including--
``(A) the development of tools and guidance; and
``(B) the dissemination of best practices.
``(3) Competitive process.--The Secretary may make grants
and enter into contracts, cooperative agreements, and other
agreements under paragraph (2) through a competitive process
on a biennial basis for technical assistance in each of the
following categories:
``(A) Human services transportation coordination,
including--
``(i) transportation for seniors;
``(ii) transportation for individuals with disabilities;
and
``(iii) coordination of local resources and programs to
assist low-income individuals and veterans in gaining access
to training and employment opportunities.
``(B) Transit-oriented development.
``(C) Transportation equity with regard to the impact that
transportation planning, investment, and operations have on
low-income and minority individuals.
``(D) Financing mechanisms, including--
``(i) public-private partnerships;
``(ii) bonding; and
``(iii) State and local capacity building.
``(E) Any other activity that the Secretary determines is
important to advance the interests of public transportation.
``(4) Expertise of technical assistance centers.--In
selecting an eligible entity to administer a center under
this subsection, the Secretary shall consider--
``(A) the demonstrated subject matter expertise of the
eligible entity; and
``(B) the capacity of the eligible entity to deliver
technical assistance on a regional or nationwide basis.
``(5) Partnerships.--An eligible entity may partner with
another eligible entity to provide technical assistance under
this subsection.
``(c) Government Share of Costs.--
``(1) In general.--The Government share of the cost of an
activity under this section may not exceed 80 percent.
``(2) Non-government share.--The non-Government share of
the cost of an activity under this section may be derived
from in-kind contributions.''.

SEC. 20015. BUS TESTING FACILITIES.

Section 5318 of title 49, United States Code, is amended to
read as follows:

``Sec.  5318. Bus testing facilities

``(a) Facilities.--The Secretary shall certify not more
than 4 comprehensive facilities

[[Page S731]]

for testing new bus models for maintainability, reliability,
safety, performance (including braking performance),
structural integrity, fuel economy, emissions, and noise.
``(b) Cooperative Agreement.--The Secretary shall enter
into a cooperative agreement with not more than 4 qualified
entities to test public transportation vehicles under
subsection (a).
``(c) Fees.--An entity that operates and maintains a
facility certified under subsection (a) shall establish and
collect reasonable fees for the testing of vehicles at the
facility. The Secretary must approve the fees.
``(d) Availability of Amounts To Pay for Testing.--
``(1) In general.--The Secretary shall enter into a
cooperative agreement with an entity that operates and
maintains a facility certified under subsection (a), under
which 80 percent of the fee for testing a vehicle at the
facility may be available from amounts apportioned to a
recipient under section 5336 or from amounts appropriated to
carry out this section.
``(2) Prohibition.--An entity that operates and maintains a
facility described in subsection (a) shall not have a
financial interest in the outcome of the testing carried out
at the facility.
``(e) Acquiring New Bus Models.--Amounts appropriated or
made available under this chapter may be obligated or
expended to acquire a new bus model only if--
``(1) a bus of that model has been tested at a facility
described in subsection (a); and
``(2) the bus tested under paragraph (1) met--
``(A) performance standards for maintainability,
reliability, performance (including braking performance),
structural integrity, fuel economy, emissions, and noise, as
established by the Secretary by rule; and
``(B) the minimum safety performance standards established
by the Secretary pursuant to section 5329(b).''.

SEC. 20016. PUBLIC TRANSPORTATION WORKFORCE DEVELOPMENT AND
HUMAN RESOURCE PROGRAMS.

Section 5322 of title 49, United States Code, is amended to
read as follows:

``Sec.  5322. Public transportation workforce development and
human resource programs

``(a) In General.--The Secretary may undertake, or make
grants or enter into contracts for, activities that address
human resource needs as the needs apply to public
transportation activities, including activities that--
``(1) educate and train employees;
``(2) develop the public transportation workforce through
career outreach and preparation;
``(3) develop a curriculum for workforce development;
``(4) conduct outreach programs to increase minority and
female employment in public transportation;
``(5) conduct research on public transportation personnel
and training needs;
``(6) provide training and assistance for minority business
opportunities;
``(7) advance training relating to maintenance of
alternative energy, energy efficiency, or zero emission
vehicles and facilities used in public transportation; and
``(8) address a current or projected workforce shortage in
an area that requires technical expertise.
``(b) Funding.--
``(1) Urbanized area formula grants.--A recipient or
subrecipient of funding under section 5307 shall expend not
less than 0.5 percent of such funding for activities
consistent with subsection (a).
``(2) Waiver.--The Secretary may waive the requirement
under paragraph (1) with respect to a recipient or
subrecipient if the Secretary determines that the recipient
or subrecipient--
``(A) has an adequate workforce development program; or
``(B) has partnered with a local educational institution in
a manner that sufficiently promotes or addresses workforce
development and human resource needs.
``(c) Innovative Public Transportation Workforce
Development Program.--
``(1) Program established.--The Secretary shall establish a
competitive grant program to assist the development of
innovative activities eligible for assistance under
subsection (a).
``(2) Selection of recipients.--To the maximum extent
feasible, the Secretary shall select recipients that--
``(A) are geographically diverse;
``(B) address the workforce and human resources needs of
large public transportation providers;
``(C) address the workforce and human resources needs of
small public transportation providers;
``(D) address the workforce and human resources needs of
urban public transportation providers;
``(E) address the workforce and human resources needs of
rural public transportation providers;
``(F) advance training related to maintenance of
alternative energy, energy efficiency, or zero emission
vehicles and facilities used in public transportation;
``(G) target areas with high rates of unemployment; and
``(H) address current or projected workforce shortages in
areas that require technical expertise.
``(d) Government's Share of Costs.--The Government share of
the cost of a project carried out using a grant under this
section shall be 50 percent.
``(e) Report.--Not later than 2 years after the date of
enactment of the Federal Public Transportation Act of 2012,
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 concerning the measurable outcomes
and impacts of the programs funded under this section.''.

SEC. 20017. GENERAL PROVISIONS.

Section 5323 of title 49, United States Code, is amended to
read as follows:

``Sec.  5323. General provisions

``(a) Interests in Property.--
``(1) In general.--Financial assistance provided under this
chapter to a State or a local governmental authority may be
used to acquire an interest in, or to buy property of, a
private company engaged in public transportation, for a
capital project for property acquired from a private company
engaged in public transportation after July 9, 1964, or to
operate a public transportation facility or equipment in
competition with, or in addition to, transportation service
provided by an existing public transportation company, only
if--
``(A) the Secretary determines that such financial
assistance is essential to a program of projects required
under sections 5303 and 5304;
``(B) the Secretary determines that the program provides
for the participation of private companies engaged in public
transportation to the maximum extent feasible; and
``(C) just compensation under State or local law will be
paid to the company for its franchise or property.
``(2) Limitation.--A governmental authority may not use
financial assistance of the United States Government to
acquire land, equipment, or a facility used in public
transportation from another governmental authority in the
same geographic area.
``(b) Relocation and Real Property Requirements.--The
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to
financial assistance for capital projects under this chapter.
``(c) Consideration of Economic, Social, and Environmental
Interests.--
``(1) Cooperation and consultation.--In carrying out the
goal described in section 5301(c)(2), the Secretary shall
cooperate and consult with the Secretary of the Interior and
the Administrator of the Environmental Protection Agency on
each project that may have a substantial impact on the
environment.
``(2) Compliance with nepa.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to
financial assistance for capital projects under this chapter.
``(d) Corridor Preservation.--
``(1) In general.--The Secretary may assist a recipient in
acquiring right-of-way before the completion of the
environmental reviews for any project that may use the right-
of-way 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.
``(2) Environmental reviews.--Right-of-way acquired under
this subsection may not be developed in anticipation of the
project until all required environmental reviews for the
project have been completed.
``(e) Condition on Charter Bus Transportation Service.--
``(1) Agreements.--Financial assistance under this chapter
may be used to buy or operate a bus only if the applicant,
governmental authority, or publicly owned operator that
receives the assistance agrees that, except as provided in
the agreement, the governmental authority or an operator of
public transportation for the governmental authority will not
provide charter bus transportation service outside the urban
area in which it provides regularly scheduled public
transportation service. An agreement shall provide for a fair
arrangement the Secretary of Transportation considers
appropriate to ensure that the assistance will not enable a
governmental authority or an operator for a governmental
authority to foreclose a private operator from providing
intercity charter bus service if the private operator can
provide the service.
``(2) Violations.--
``(A) Investigations.--On receiving a complaint about a
violation of the agreement required under paragraph (1), the
Secretary shall investigate and decide whether a violation
has occurred.
``(B) Enforcement of agreements.--If the Secretary decides
that a violation has occurred, the Secretary shall correct
the violation under terms of the agreement.
``(C) Additional remedies.--In addition to any remedy
specified in the agreement, the Secretary shall bar a
recipient or an operator from receiving Federal transit
assistance in an amount the Secretary considers appropriate
if the Secretary finds a pattern of violations of the
agreement.
``(f) Bond Proceeds Eligible for Local Share.--
``(1) Use as local matching funds.--Notwithstanding any
other provision of law, a recipient of assistance under
section 5307, 5309, or 5337 may use the proceeds from the
issuance of revenue bonds as part of the local matching funds
for a capital project.
``(2) Maintenance of effort.--The Secretary shall approve
of the use of the proceeds from the issuance of revenue bonds
for

[[Page S732]]

the remainder of the net project cost only if the Secretary
finds that the aggregate amount of financial support for
public transportation in the urbanized area provided by the
State and affected local governmental authorities during the
next 3 fiscal years, as programmed in the State
transportation improvement program under section 5304, is not
less than the aggregate amount provided by the State and
affected local governmental authorities in the urbanized area
during the preceding 3 fiscal years.
``(3) Debt service reserve.--The Secretary may reimburse an
eligible recipient for deposits of bond proceeds in a debt
service reserve that the recipient establishes pursuant to
section 5302(3)(J) from amounts made available to the
recipient under section 5309.
``(g) Schoolbus Transportation.--
``(1) Agreements.--Financial assistance under this chapter
may be used for a capital project, or to operate public
transportation equipment or a public transportation facility,
only if the applicant agrees not to provide schoolbus
transportation that exclusively transports students and
school personnel in competition with a private schoolbus
operator. This subsection does not apply--
``(A) to an applicant that operates a school system in the
area to be served and a separate and exclusive schoolbus
program for the school system; and
``(B) unless a private schoolbus operator can provide
adequate transportation that complies with applicable safety
standards at reasonable rates.
``(2) Violations.--If the Secretary finds that an
applicant, governmental authority, or publicly owned operator
has violated the agreement required under paragraph (1), the
Secretary shall bar a recipient or an operator from receiving
Federal transit assistance in an amount the Secretary
considers appropriate.
``(h) Buying Buses Under Other Laws.--Subsections (e) and
(g) of this section apply to financial assistance to buy a
bus under sections 133 and 142 of title 23.
``(i) Grant and Loan Prohibitions.--A grant or loan may not
be used to--
``(1) pay ordinary governmental or nonproject operating
expenses; or
``(2) support a procurement that uses an exclusionary or
discriminatory specification.
``(j) Government Share of Costs for Certain Projects.--A
grant for a project to be assisted under this chapter that
involves acquiring vehicle-related equipment or facilities
required by the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) or vehicle-related equipment or
facilities (including clean fuel or alternative fuel vehicle-
related equipment or facilities) for purposes of complying
with or maintaining compliance with the Clean Air Act, is for
90 percent of the net project cost of such equipment or
facilities attributable to compliance with those Acts. The
Secretary shall have discretion to determine, through
practicable administrative procedures, the costs of such
equipment or facilities attributable to compliance with those
Acts.
``(k) Buy America.--
``(1) In general.--The Secretary may obligate an amount
that may be appropriated to carry out this chapter for a
project only if the steel, iron, and manufactured goods used
in the project are produced in the United States.
``(2) Waiver.--The Secretary may waive paragraph (1) of
this subsection if the Secretary finds that--
``(A) applying paragraph (1) would be inconsistent with the
public interest;
``(B) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(C) when procuring rolling stock (including train
control, communication, and traction power equipment) under
this chapter--
``(i) the cost of components and subcomponents produced in
the United States is more than 60 percent of the cost of all
components of the rolling stock; and
``(ii) final assembly of the rolling stock has occurred in
the United States; or
``(D) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(3) Written waiver determination and annual report.--
``(A) Written determination.--Before issuing a waiver under
paragraph (2), the Secretary shall--
``(i) publish in the Federal Register and make publicly
available in an easily identifiable location on the website
of the Department of Transportation a detailed written
explanation of the waiver determination; and
``(ii) provide the public with a reasonable period of time
for notice and comment.
``(B) Annual report.--Not later than 1 year after the date
of enactment of the Federal Public Transportation Act of
2012, and annually thereafter, 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 listing any waiver
issued under paragraph (2) during the preceding year.
``(4) Labor costs for final assembly.--In this subsection,
labor costs involved in final assembly are not included in
calculating the cost of components.
``(5) Waiver prohibited.--The Secretary 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) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
subsection; and
``(B) has violated the agreement by discriminating against
goods to which this subsection applies that are produced in
the United States and to which the agreement applies.
``(6) Penalty for mislabeling and misrepresentation.--A
person is ineligible under subpart 9.4 of the Federal
Acquisition Regulation, or any successor thereto, to receive
a contract or subcontract made with amounts authorized under
the Federal Public Transportation Act of 2012 if a court or
department, agency, or instrumentality of the Government
decides the person intentionally--
``(A) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this subsection applies but not produced in the United
States; or
``(B) represented that goods described in subparagraph (A)
of this paragraph were produced in the United States.
``(7) State requirements.--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.
``(8) Opportunity to correct inadvertent error.--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.
``(9) Administrative review.--A party adversely affected by
an agency action under this subsection shall have the right
to seek review under section 702 of title 5.
``(l) Participation of Governmental Agencies in Design and
Delivery of Transportation Services.--Governmental agencies
and nonprofit organizations that receive assistance from
Government sources (other than the Department of
Transportation) for nonemergency transportation services
shall--
``(1) participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
``(2) be included in the planning for those services.
``(m) Relationship to Other Laws.--
``(1) Fraud and false statements.--Section 1001 of title 18
applies to a certificate, submission, or statement provided
under this chapter. The Secretary may terminate financial
assistance under this chapter and seek reimbursement
directly, or by offsetting amounts, available under this
chapter if the Secretary determines that a recipient of such
financial assistance has made a false or fraudulent statement
or related act in connection with a Federal public
transportation program.
``(2) Political activities of nonsupervisory employees.--
The provision of assistance under this chapter shall not be
construed to require the application of chapter 15 of title 5
to any nonsupervisory employee of a public transportation
system (or any other agency or entity performing related
functions) to whom such chapter does not otherwise apply.
``(n) Preaward and Postdelivery Review of Rolling Stock
Purchases.--The Secretary shall prescribe regulations
requiring a preaward and postdelivery review of a grant under
this chapter to buy rolling stock to ensure compliance with
Government motor vehicle safety requirements, subsection (k)
of this section, and bid specifications requirements of grant
recipients under this chapter. Under this subsection,
independent inspections and review are required, and a
manufacturer certification is not sufficient. Rolling stock
procurements of 20 vehicles or fewer made for the purpose of
serving other than urbanized areas and urbanized areas with
populations of 200,000 or fewer shall be subject to the same
requirements as established for procurements of 10 or fewer
buses under the post-delivery purchaser's requirements
certification process under section 663.37(c) of title 49,
Code of Federal Regulations.
``(o) Submission of Certifications.--A certification
required under this chapter and any additional certification
or assurance required by law or regulation to be submitted to
the Secretary may be consolidated into a single document to
be submitted annually as part of a grant application under
this chapter. The Secretary shall publish annually a list of
all certifications required under this chapter with the
publication required under section 5336(d)(2).
``(p) Grant Requirements.--The grant requirements under
sections 5307, 5309, and 5337 apply to any project under this
chapter that

[[Page S733]]

receives any assistance or other financing under chapter 6
(other than section 609) of title 23.
``(q) Alternative Fueling Facilities.--A recipient of
assistance under this chapter may allow the incidental use of
federally funded alternative fueling facilities and equipment
by nontransit public entities and private entities if--
``(1) the incidental use does not interfere with the
recipient's public transportation operations;
``(2) all costs related to the incidental use are fully
recaptured by the recipient from the nontransit public entity
or private entity;
``(3) the recipient uses revenues received from the
incidental use in excess of costs for planning, capital, and
operating expenses that are incurred in providing public
transportation; and
``(4) private entities pay all applicable excise taxes on
fuel.
``(r) Fixed Guideway Categorical Exclusion.--
``(1) Study.--Not later than 6 months after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall conduct a study to determine the
feasibility of providing a categorical exclusion for
streetcar, bus rapid transit, and light rail projects located
within an existing transportation right-of-way from the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) in accordance with the Council on
Environmental Quality implementing regulations under parts
1500 through 1508 of title 40, Code of Federal Regulations,
or any successor thereto.
``(2) Findings and rules.--Not later than 1 year after the
date of enactment of the Federal Public Transportation Act of
2012, the Secretary shall issue findings and, if appropriate,
issue rules to provide categorical exclusions for suitable
categories of projects.''.

SEC. 20018. CONTRACT REQUIREMENTS.

Section 5325 of title 49, United States Code, is amended--
(1) in subsection (h), by striking ``Federal Public
Transportation Act of 2005'' and inserting ``Federal Public
Transportation Act of 2012'';
(2) in subsection (j)(2)(C), by striking ``, including the
performance reported in the Contractor Performance Assessment
Reports required under section 5309(l)(2)''; and
(3) 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 hiring preference 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. 20019. TRANSIT ASSET MANAGEMENT.

Section 5326 of title 49, United States Code, is amended to
read as follows:

``Sec.  5326. Transit asset management

``(a) Definitions.--In this section the following
definitions shall apply:
``(1) Capital asset.--The term `capital asset' includes
equipment, rolling stock, infrastructure, and facilities for
use in public transportation and owned or leased by a
recipient or subrecipient of Federal financial assistance
under this chapter.
``(2) Transit asset management plan.--The term `transit
asset management plan' means a plan developed by a recipient
of funding under this chapter that--
``(A) includes, at a minimum, capital asset inventories and
condition assessments, decision support tools, and investment
prioritization; and
``(B) the recipient certifies complies with the rule issued
under this section.
``(3) Transit asset management system.--The term `transit
asset management system' means a strategic and systematic
process of operating, maintaining, and improving public
transportation capital assets effectively throughout the life
cycle of such assets.
``(b) Transit Asset Management System.--The Secretary shall
establish and implement a national transit asset management
system, which shall include--
``(1) a definition of the term `state of good repair' that
includes objective standards for measuring the condition of
capital assets of recipients, including equipment, rolling
stock, infrastructure, and facilities;
``(2) a requirement that recipients and subrecipients of
Federal financial assistance under this chapter develop a
transit asset management plan;
``(3) a requirement that each recipient of Federal
financial assistance under this chapter report on the
condition of the system of the recipient and provide a
description of any change in condition since the last report;
``(4) an analytical process or decision support tool for
use by public transportation systems that--
``(A) allows for the estimation of capital investment needs
of such systems over time; and
``(B) assists with asset investment prioritization by such
systems; and
``(5) technical assistance to recipients of Federal
financial assistance under this chapter.
``(c) Performance Measures and Targets.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a final rule to establish
performance measures based on the state of good repair
standards established under subsection (b)(1).
``(2) Targets.--Not later than 3 months after the date on
which the Secretary issues a final rule under paragraph (1),
and each fiscal year thereafter, each recipient of Federal
financial assistance under this chapter shall establish
performance targets in relation to the performance measures
established by the Secretary.
``(3) Reports.--Each recipient of Federal financial
assistance under this chapter shall submit to the Secretary
an annual report that describes--
``(A) the progress of the recipient during the fiscal year
to which the report relates toward meeting the performance
targets established under paragraph (2) for that fiscal year;
and
``(B) the performance targets established by the recipient
for the subsequent fiscal year.
``(d) Rulemaking.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a final rule to implement the
transit asset management system described in subsection
(b).''.

SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.

Section 5327 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``United States'' and all that follows through ``Secretary of
Transportation'' and inserting the following: ``Federal
financial assistance for a major capital project for public
transportation under this chapter or any other provision of
Federal law, a recipient must prepare a project management
plan approved by the Secretary and carry out the project in
accordance with the project management plan''; and
(B) in paragraph (12), by striking ``each month'' and
inserting ``quarterly'';
(2) by striking subsections (c), (d), and (f);
(3) by inserting after subsection (b) the following:
``(c) Access to Sites and Records.--Each recipient of
Federal financial assistance for public transportation under
this chapter or any other provision of Federal law shall
provide the Secretary and a contractor the Secretary chooses
under section 5338(g) with access to the construction sites
and records of the recipient when reasonably necessary.'';
(4) by redesignating subsection (e) as subsection (d); and
(5) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``subsection (c) of this
section'' and inserting ``section 5338(g)''; and
(B) in paragraph (2)--
(i) by striking ``preliminary engineering stage'' and
inserting ``project development phase''; and
(ii) by striking ``another stage'' and inserting ``another
phase''.

SEC. 20021. PUBLIC TRANSPORTATION SAFETY.

(a) Public Transportation Safety Program.--Section 5329 of
title 49, United States Code, is amended to read as follows:

``Sec.  5329. Public transportation safety program

``(a) Definition.--In this section, the term `recipient'
means a State or local governmental authority, or any other
operator of a public transportation system, that receives
financial assistance under this chapter.
``(b) National Public Transportation Safety Plan.--
``(1) In general.--The Secretary shall create and implement
a national public transportation safety plan to improve the
safety of all public transportation systems that receive
funding under this chapter.
``(2) Contents of plan.--The national public transportation
safety plan under paragraph (1) shall include--
``(A) safety performance criteria for all modes of public
transportation;
``(B) the definition of the term `state of good repair'
established under section 5326(b);
``(C) minimum safety performance standards for public
transportation vehicles used in revenue operations that--
``(i) do not apply to rolling stock otherwise regulated by
the Secretary or any other Federal agency; and
``(ii) to the extent practicable, take into consideration--

``(I) relevant recommendations of the National
Transportation Safety Board; and
``(II) recommendations of, and best practices standards
developed by, the public transportation industry; and

``(D) a public transportation safety certification training
program, as described in subsection (c).
``(c) Public Transportation Safety Certification Training
Program.--
``(1) In general.--The Secretary shall establish a public
transportation safety certification training program for
Federal and State employees, or other designated personnel,
who conduct safety audits and examinations of public
transportation systems and employees of public transportation
agencies directly responsible for safety oversight.
``(2) Interim provisions.--Not later than 90 days after the
date of enactment of the Federal Public Transportation Act of
2012, the Secretary shall establish interim provisions for
the certification and training of the personnel described in
paragraph (1), which shall be in effect until the effective
date of the final rule issued by the Secretary to implement
this subsection.
``(d) Public Transportation Agency Safety Plan.--
``(1) In general.--Effective 1 year after the effective
date of a final rule issued by the

[[Page S734]]

Secretary to carry out this subsection, each recipient shall
certify that the recipient has established a comprehensive
agency safety plan that includes, at a minimum--
``(A) a requirement that the board of directors (or
equivalent entity) of the recipient approve the agency safety
plan and any updates to the agency safety plan;
``(B) methods for identifying and evaluating safety risks
throughout all elements of the public transportation system
of the recipient;
``(C) strategies to minimize the exposure of the public,
personnel, and property to hazards and unsafe conditions;
``(D) a process and timeline for conducting an annual
review and update of the safety plan of the recipient;
``(E) performance targets based on the safety performance
criteria and state of good repair standards established under
subparagraphs (A) and (B), respectively, of subsection
(b)(2);
``(F) assignment of an adequately trained safety officer
who reports directly to the general manager, president, or
equivalent officer of the recipient; and
``(G) a comprehensive staff training program for the
operations personnel and personnel directly responsible for
safety of the recipient that includes--
``(i) the completion of a safety training program; and
``(ii) continuing safety education and training.
``(2) Interim agency safety plan.--A system safety plan
developed pursuant to part 659 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of the
Federal Public Transportation Act of 2012, shall remain in
effect until such time as this subsection takes effect.
``(e) State Safety Oversight Program.--
``(1) Applicability.--This subsection applies only to
eligible States.
``(2) Definition.--In this subsection, the term `eligible
State' means a State that has--
``(A) a rail fixed guideway public transportation system
within the jurisdiction of the State that is not subject to
regulation by the Federal Railroad Administration; or
``(B) a rail fixed guideway public transportation system in
the engineering or construction phase of development within
the jurisdiction of the State that will not be subject to
regulation by the Federal Railroad Administration.
``(3) In general.--In order to obligate funds apportioned
under section 5338 to carry out this chapter, effective 3
years after the date on which a final rule under this
subsection becomes effective, an eligible State shall have in
effect a State safety oversight program approved by the
Secretary under which the State--
``(A) assumes responsibility for overseeing rail fixed
guideway public transportation safety;
``(B) adopts and enforces Federal law on rail fixed
guideway public transportation safety;
``(C) establishes a State safety oversight agency;
``(D) determines, in consultation with the Secretary, an
appropriate staffing level for the State safety oversight
agency that is commensurate with the number, size, and
complexity of the rail fixed guideway public transportation
systems in the eligible State;
``(E) requires that employees and other designated
personnel of the eligible State safety oversight agency who
are responsible for rail fixed guideway public transportation
safety oversight are qualified to perform such functions
through appropriate training, including successful completion
of the public transportation safety certification training
program established under subsection (c); and
``(F) prohibits any public transportation agency from
providing funds to the State safety oversight agency or an
entity designated by the eligible State as the State safety
oversight agency under paragraph (4).
``(4) State safety oversight agency.--
``(A) In general.--Each State safety oversight program
shall establish a State safety oversight agency that--
``(i) is an independent legal entity responsible for the
safety of rail fixed guideway public transportation systems;
``(ii) is financially and legally independent from any
public transportation entity that the State safety oversight
agency oversees;
``(iii) does not fund, promote, or provide public
transportation services;
``(iv) does not employ any individual who is also
responsible for the administration of public transportation
programs;
``(v) has the authority to review, approve, oversee, and
enforce the implementation by the rail fixed guideway public
transportation agency of the public transportation agency
safety plan required under subsection (d);
``(vi) has investigative and enforcement authority with
respect to the safety of rail fixed guideway public
transportation systems of the eligible State;
``(vii) audits, at least once triennially, the compliance
of the rail fixed guideway public transportation systems in
the eligible State subject to this subsection with the public
transportation agency safety plan required under subsection
(d); and
``(viii) provides, at least once annually, a status report
on the safety of the rail fixed guideway public
transportation systems the State safety oversight agency
oversees to--

``(I) the Federal Transit Administration;
``(II) the Governor of the eligible State; and
``(III) the board of directors, or equivalent entity, of
any rail fixed guideway public transportation system that the
State safety oversight agency oversees.

``(B) Waiver.--At the request of an eligible State, the
Secretary may waive clauses (i) and (iii) of subparagraph (A)
for eligible States with 1 or more rail fixed guideway
systems in revenue operations, design, or construction,
that--
``(i) have fewer than 1,000,000 combined actual and
projected rail fixed guideway revenue miles per year; or
``(ii) provide fewer than 10,000,000 combined actual and
projected unlinked passenger trips per year.
``(5) Enforcement.--Each State safety oversight agency
shall have the authority to request that the Secretary take
enforcement actions available under subsection (g) against a
rail fixed guideway public transportation system that is not
in compliance with Federal safety laws.
``(6) Programs for multi-state rail fixed guideway public
transportation systems.--An eligible State that has within
the jurisdiction of the eligible State a rail fixed guideway
public transportation system that operates in more than 1
eligible State shall--
``(A) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
ensure uniform safety standards and enforcement procedures
that shall be in compliance with this section, and establish
and implement a State safety oversight program approved by
the Secretary; or
``(B) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
designate an entity having characteristics consistent with
the characteristics described in paragraph (3) to carry out
the State safety oversight program approved by the Secretary.
``(7) Grants.--
``(A) In general.--The Secretary may make a grant to an
eligible State to develop or carry out a State safety
oversight program, if the eligible State submits--
``(i) a proposal for the establishment of a State safety
oversight program to the Secretary for review and written
approval before implementing a State safety oversight
program; and
``(ii) any amendment to the State safety oversight program
of the eligible State to the Secretary for review not later
than 60 days before the effective date of the amendment.
``(B) Determination by secretary.--
``(i) In general.--The Secretary shall transmit written
approval to an eligible State that submits a State safety
oversight program, if the Secretary determines the State
safety oversight program meets the requirements of this
subsection and the State safety oversight program is adequate
to promote the purposes of this section.
``(ii) Amendment.--The Secretary shall transmit to an
eligible State that submits an amendment under subparagraph
(A)(ii) a written determination with respect to the
amendment.
``(iii) No written decision.--If an eligible State does not
receive a written decision from the Secretary with respect to
an amendment submitted under subparagraph (A)(ii) before the
end of the 60-day period beginning on the date on which the
eligible State submits the amendment, the amendment shall be
deemed to be approved.
``(iv) Disapproval.--If the Secretary determines that a
State safety oversight program does not meet the requirements
of this subsection, the Secretary shall transmit to the
eligible State a written explanation and allow the eligible
State to modify and resubmit the State safety oversight
program for approval.
``(C) Government share.--
``(i) In general.--The Government share of the reasonable
cost of a State safety oversight program developed or carried
out using a grant under this paragraph shall be 80 percent.
``(ii) In-kind contributions.--Any calculation of the non-
Government share of a State safety oversight program shall
include in-kind contributions by an eligible State.
``(iii) Non-government share.--The non-Government share of
the cost of a State safety oversight program developed or
carried out using a grant under this paragraph may not be met
by--

``(I) any Federal funds;
``(II) any funds received from a public transportation
agency; or
``(III) any revenues earned by a public transportation
agency.

``(iv) Safety training program.--The Secretary may
reimburse an eligible State or a recipient for the full costs
of participation in the public transportation safety
certification training program established under subsection
(c) by an employee of a State safety oversight agency or a
recipient who is directly responsible for safety oversight.
``(8) Continual evaluation of program.--The Secretary shall
continually evaluate the implementation of a State safety
oversight program by a State safety oversight agency, on the
basis of--
``(A) reports submitted by the State safety oversight
agency under paragraph (4)(A)(viii); and
``(B) audits carried out by the Secretary.
``(9) Inadequate program.--
``(A) In general.--If the Secretary finds that a State
safety oversight program approved by the Secretary is not
being carried out in accordance with this section or has

[[Page S735]]

become inadequate to ensure the enforcement of Federal safety
regulations, the Secretary shall--
``(i) transmit to the eligible State a written explanation
of the reason the program has become inadequate and inform
the State of the intention to withhold funds, including the
amount of funds proposed to be withheld under this section,
or withdraw approval of the State safety oversight program;
and
``(ii) allow the eligible State a reasonable period of time
to modify the State safety oversight program or
implementation of the program and submit an updated proposal
for the State safety oversight program to the Secretary for
approval.
``(B) Failure to correct.--If the Secretary determines that
a modification by an eligible State of the State safety
oversight program is not sufficient to ensure the enforcement
of Federal safety regulations, the Secretary may--
``(i) withhold funds available under this section in an
amount determined by the Secretary; or
``(ii) provide written notice of withdrawal of State safety
oversight program approval.
``(C) Temporary oversight.--In the event the Secretary
takes action under subparagraph (B)(ii), the Secretary shall
provide oversight of the rail fixed guideway systems in an
eligible State until the State submits a State safety
oversight program approved by the Secretary.
``(D) Restoration.--
``(i) Correction.--The eligible State shall address any
inadequacy to the satisfaction of the Secretary prior to the
Secretary restoring funds withheld under this paragraph.
``(ii) Availability and reallocation.--Any funds withheld
under this paragraph shall remain available for restoration
to the eligible State until the end of the first fiscal year
after the fiscal year in which the funds were withheld, after
which time the funds shall be available to the Secretary for
allocation to other eligible States under this section.
``(10) Federal oversight.--The Secretary shall--
``(A) oversee the implementation of each State safety
oversight program under this subsection;
``(B) audit the operations of each State safety oversight
agency at least once triennially; and
``(C) issue rules to carry out this subsection.
``(f) Authority of Secretary.--In carrying out this
section, the Secretary may--
``(1) conduct inspections, investigations, audits,
examinations, and testing of the equipment, facilities,
rolling stock, and operations of the public transportation
system of a recipient;
``(2) make reports and issue directives with respect to the
safety of the public transportation system of a recipient;
``(3) in conjunction with an accident investigation or an
investigation into a pattern or practice of conduct that
negatively affects public safety, issue a subpoena to, and
take the deposition of, any employee of a recipient or a
State safety oversight agency, if--
``(A) before the issuance of the subpoena, the Secretary
requests a determination by the Attorney General of the
United States as to whether the subpoena will interfere with
an ongoing criminal investigation; and
``(B) the Attorney General--
``(i) determines that the subpoena will not interfere with
an ongoing criminal investigation; or
``(ii) fails to make a determination under clause (i)
before the date that is 30 days after the date on which the
Secretary makes a request under subparagraph (A);
``(4) require the production of documents by, and prescribe
recordkeeping and reporting requirements for, a recipient or
a State safety oversight agency;
``(5) investigate public transportation accidents and
incidents and provide guidance to recipients regarding
prevention of accidents and incidents;
``(6) at reasonable times and in a reasonable manner, enter
and inspect equipment, facilities, rolling stock, operations,
and relevant records of the public transportation system of a
recipient; and
``(7) issue rules to carry out this section.
``(g) Enforcement Actions.--
``(1) Types of enforcement actions.--The Secretary may take
enforcement action against a recipient that does not comply
with Federal law with respect to the safety of the public
transportation system, including--
``(A) issuing directives;
``(B) requiring more frequent oversight of the recipient by
a State safety oversight agency or the Secretary;
``(C) imposing more frequent reporting requirements;
``(D) requiring that any Federal financial assistance
provided under this chapter be spent on correcting safety
deficiencies identified by the Secretary or the State safety
oversight agency before such funds are spent on other
projects;
``(E) subject to paragraph (2), withholding Federal
financial assistance, in an amount to be determined by the
Secretary, from the recipient, until such time as the
recipient comes into compliance with this section; and
``(F) subject to paragraph (3), imposing a civil penalty,
in an amount to be determined by the Secretary.
``(2) Use or withholding of funds.--
``(A) In general.--The Secretary may require the use of
funds in accordance with paragraph (1)(D), or withhold funds
under paragraph (1)(E), only if the Secretary finds that a
recipient is engaged in a pattern or practice of serious
safety violations or has otherwise refused to comply with
Federal law relating to the safety of the public
transportation system.
``(B) Notice.--Before withholding funds from a recipient
under paragraph (1)(E), the Secretary shall provide to the
recipient--
``(i) written notice of a violation and the amount proposed
to be withheld; and
``(ii) a reasonable period of time within which the
recipient may address the violation or propose and initiate
an alternative means of compliance that the Secretary
determines is acceptable.
``(C) Failure to address.--If the recipient does not
address the violation or propose an alternative means of
compliance that the Secretary determines is acceptable within
the period of time specified in the written notice, the
Secretary may withhold funds under paragraph (1)(E).
``(D) Restoration.--
``(i) Correction.--The recipient shall address any
violation to the satisfaction of the Secretary prior to the
Secretary restoring funds withheld under paragraph (1)(E).
``(ii) Availability and reallocation.--Any funds withheld
under paragraph (1)(E) shall remain available for restoration
to the recipient until the end of the first fiscal year after
the fiscal year in which the funds were withheld, after which
time the funds shall be available to the Secretary for
allocation to other eligible recipients.
``(E) Notification.--Not later than 3 days before taking
any action under subparagraph (C), the Secretary shall notify
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of such action.
``(3) Civil penalties.--
``(A) Imposition of civil penalties.--
``(i) In general.--The Secretary may impose a civil penalty
under paragraph (1)(F) only if--

``(I) the Secretary has exhausted the enforcement actions
available under subparagraphs (A) through (E) of paragraph
(1); and
``(II) the recipient continues to be in violation of
Federal safety law.

``(ii) Exception.--The Secretary may waive the requirement
under clause (i)(I) if the Secretary determines that such a
waiver is in the public interest.
``(B) Notice.--Before imposing a civil penalty on a
recipient under paragraph (1)(F), the Secretary shall provide
to the recipient--
``(i) written notice of any violation and the penalty
proposed to be imposed; and
``(ii) a reasonable period of time within which the
recipient may address the violation or propose and initiate
an alternative means of compliance that the Secretary
determines is acceptable.
``(C) Failure to address.--If the recipient does not
address the violation or propose an alternative means of
compliance that the Secretary determines is acceptable within
the period of time specified in the written notice, the
Secretary may impose a civil penalty under paragraph (1)(F).
``(D) Notification.--Not later than 3 days before taking
any action under subparagraph (C), the Secretary shall notify
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of such action.
``(E) Deposit of civil penalties.--Any amounts collected by
the Secretary under this paragraph shall be deposited into
the Mass Transit Account of the Highway Trust Fund.
``(4) Enforcement by the attorney general.--At the request
of the Secretary, the Attorney General may bring a civil
action--
``(A) for appropriate injunctive relief to ensure
compliance with this section;
``(B) to collect a civil penalty imposed under paragraph
(1)(F); and
``(C) to enforce a subpoena, request for admissions,
request for production of documents or other tangible things,
or request for testimony by deposition issued by the
Secretary under this section.
``(h) Cost-benefit Analysis.--
``(1) Analysis required.--In carrying out this section, the
Secretary shall take into consideration the costs and
benefits of each action the Secretary proposes to take under
this section.
``(2) Waiver.--The Secretary may waive the requirement
under this subsection if the Secretary determines that such a
waiver is in the public interest.
``(i) Consultation by the Secretary of Homeland Security.--
The Secretary of Homeland Security shall consult with the
Secretary of Transportation before the Secretary of Homeland
Security issues a rule or order that the Secretary of
Transportation determines affects the safety of public
transportation design, construction, or operations.
``(j) Preemption of State Law.--
``(1) National uniformity of regulation.--Laws,
regulations, and orders related to public transportation
safety shall be nationally uniform to the extent practicable.
``(2) In general.--A State may adopt or continue in force a
law, regulation, or order related to the safety of public
transportation until the Secretary issues a rule or order
covering the subject matter of the State requirement.
``(3) More stringent law.--A State may adopt or continue in
force a law, regulation,

[[Page S736]]

or order related to the safety of public transportation that
is consistent with, in addition to, or more stringent than a
regulation or order of the Secretary if the Secretary
determines that the law, regulation, or order--
``(A) has a safety benefit;
``(B) is not incompatible with a law, regulation, or order,
or the terms and conditions of a financial assistance
agreement of the United States Government; and
``(C) does not unreasonably burden interstate commerce.
``(4) Actions under state law.--
``(A) Rule of construction.--Nothing in this section shall
be construed to preempt an action under State law seeking
damages for personal injury, death, or property damage
alleging that a party has failed to comply with--
``(i) a Federal standard of care established by a
regulation or order issued by the Secretary under this
section;
``(ii) its own program, rule, or standard that it created
pursuant to a rule or order issued by the Secretary; or
``(iii) a State law, regulation, or order that is not
incompatible with paragraph (2).
``(B) Effective date.--This paragraph shall apply to any
cause of action under State law arising from an event or
activity occurring on or after the date of enactment of the
Federal Public Transportation Act of 2012.
``(5) Jurisdiction.--Nothing in this section shall be
construed to create a cause of action under Federal law on
behalf of an injured party or confer Federal question
jurisdiction for a State law cause of action.
``(k) Annual Report.--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 an annual report that--
``(1) analyzes public transportation safety trends among
the States and documents the most effective safety programs
implemented using grants under this section; and
``(2) describes the effect on public transportation safety
of activities carried out using grants under this section.''.
(b) Bus Safety Study.--
(1) Definition.--In this subsection, the term ``highway
route'' means a route where 50 percent or more of the route
is on roads having a speed limit of more than 45 miles per
hour.
(2) Study.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation 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
that--
(A) examines the safety of public transportation buses that
travel on highway routes;
(B) examines laws and regulations that apply to commercial
over-the-road buses; and
(C) makes recommendations as to whether additional safety
measures should be required for public transportation buses
that travel on highway routes.

SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

Section 5331(b)(2) of title 49, United States Code, is
amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) shall establish and implement an enforcement program
that includes the imposition of penalties for failure to
comply with this section;''.

SEC. 20023. NONDISCRIMINATION.

(a) Amendments.--Section 5332 of title 49, United States
Code, is amended--
(1) in subsection (b)--
(A) by striking ``creed'' and inserting ``religion''; and
(B) by inserting ``disability,'' after ``sex,''; and
(2) in subsection (d)(3), by striking ``and'' and inserting
``or''.
(b) Evaluation and Report.--
(1) 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 title 49, including--
(A) 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
(B) by reviewing the process that the Federal Transit
Administration uses to resolve discrimination complaints
filed by members of the public.
(2) 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 paragraph (1) that includes--
(A) 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;
(B) recommendations for improvements if the Comptroller
General determines that improvements are necessary; and
(C) information upon which the evaluation under paragraph
(1) is based.

SEC. 20024. LABOR STANDARDS.

Section 5333(b) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``sections 5307-5312,
5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and
5338(b)'' each place that term appears and inserting
``sections 5307, 5308, 5309, 5311, and 5337''; and
(2) in paragraph (5), by inserting ``of Labor'' after
``Secretary''.

SEC. 20025. ADMINISTRATIVE PROVISIONS.

Section 5334 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by striking ``under sections 5307
and 5309-5311 of this title'' and inserting ``that receives
Federal financial assistance under this chapter'';
(2) in subsection (b)(1)--
(A) by inserting after ``emergency,'' the following: ``or
for purposes of establishing and enforcing a program to
improve the safety of public transportation systems in the
United States,''; and
(B) by striking ``chapter, nor may the Secretary'' and
inserting ``chapter. The Secretary may not'';
(3) in subsection (c)(4), by striking ``section (except
subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a),
5325(b), and 5325(f)'' and inserting ``subsection'';
(4) in subsection (h)(3), by striking ``another'' and
inserting ``any other'';
(5) in subsection (i)(1), by striking ``title 23 shall''
and inserting ``title 23 may'';
(6) by striking subsection (j); and
(7) by redesignating subsections (k) and (l) as subsections
(j) and (k), respectively.

SEC. 20026. NATIONAL TRANSIT DATABASE.

Section 5335 of title 49, United States Code, is amended by
adding at the end the following:
``(c) Data Required To Be Reported.--The recipient of a
grant under this chapter shall report to the Secretary, for
inclusion in the National Transit Database, any information
relating to--
``(1) the causes of a reportable incident, as defined by
the Secretary; and
``(2) a transit asset inventory or condition assessment
conducted by the recipient.''.

SEC. 20027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.

Section 5336 of title 49, United States Code, is amended to
read as follows:

``Sec.  5336. Apportionment of appropriations for formula
grants

``(a) Based on Urbanized Area Population.--Of the amount
apportioned under subsection (h)(4) to carry out section
5307--
``(1) 9.32 percent shall be apportioned each fiscal year
only in urbanized areas with a population of less than
200,000 so that each of those areas is entitled to receive an
amount equal to--
``(A) 50 percent of the total amount apportioned multiplied
by a ratio equal to the population of the area divided by the
total population of all urbanized areas with populations of
less than 200,000 as shown in the most recent decennial
census; and
``(B) 50 percent of the total amount apportioned multiplied
by a ratio for the area based on population weighted by a
factor, established by the Secretary, of the number of
inhabitants in each square mile; and
``(2) 90.68 percent shall be apportioned each fiscal year
only in urbanized areas with populations of at least 200,000
as provided in subsections (b) and (c) of this section.
``(b) Based on Fixed Guideway Vehicle Revenue Miles,
Directional Route Miles, and Passenger Miles.--(1) In this
subsection, `fixed guideway vehicle revenue miles' and `fixed
guideway directional route miles' include passenger ferry
operations directly or under contract by the designated
recipient.
``(2) Of the amount apportioned under subsection (a)(2) of
this section, 33.29 percent shall be apportioned as follows:
``(A) 95.61 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to
receive an amount equal to--
``(i) 60 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the number
of fixed guideway vehicle revenue miles attributable to the
area, as established by the Secretary, divided by the total
number of all fixed guideway vehicle revenue miles
attributable to all areas; and
``(ii) 40 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the number
of fixed guideway directional route miles attributable to the
area, established by the Secretary, divided by the total
number of all fixed guideway directional route miles
attributable to all areas.
An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive
at least .75 percent of the total amount apportioned under
this subparagraph.
``(B) 4.39 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to
receive an amount equal to--
``(i) the number of fixed guideway vehicle passenger miles
traveled multiplied by the number of fixed guideway vehicle
passenger

[[Page S737]]

miles traveled for each dollar of operating cost in an area;
divided by
``(ii) the total number of fixed guideway vehicle passenger
miles traveled multiplied by the total number of fixed
guideway vehicle passenger miles traveled for each dollar of
operating cost in all areas.

An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive
at least .75 percent of the total amount apportioned under
this subparagraph.
``(C) Under subparagraph (A) of this paragraph, fixed
guideway vehicle revenue or directional route miles, and
passengers served on those miles, in an urbanized area with a
population of less than 200,000, where the miles and
passengers served otherwise would be attributable to an
urbanized area with a population of at least 1,000,000 in an
adjacent State, are attributable to the governmental
authority in the State in which the urbanized area with a
population of less than 200,000 is located. The authority is
deemed an urbanized area with a population of at least
200,000 if the authority makes a contract for the service.
``(D) A recipient's apportionment under subparagraph (A)(i)
of this paragraph may not be reduced if the recipient, after
satisfying the Secretary that energy or operating
efficiencies would be achieved, reduces vehicle revenue miles
but provides the same frequency of revenue service to the
same number of riders.
``(c) Based on Bus Vehicle Revenue Miles and Passenger
Miles.--Of the amount apportioned under subsection (a)(2) of
this section, 66.71 percent shall be apportioned as follows:
``(1) 90.8 percent of the total amount apportioned under
this subsection shall be apportioned as follows:
``(A) 73.39 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized
area with a population of at least 1,000,000 is entitled to
receive an amount equal to--
``(i) 50 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus vehicle revenue miles operated in or directly serving the
urbanized area divided by the total bus vehicle revenue miles
attributable to all areas;
``(ii) 25 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of all
areas, as shown in the most recent decennial census; and
``(iii) 25 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio for the area based on
population weighted by a factor, established by the
Secretary, of the number of inhabitants in each square mile.
``(B) 26.61 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized
area with a population of at least 200,000 but not more than
999,999 is entitled to receive an amount equal to--
``(i) 50 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus vehicle revenue miles operated in or directly serving the
urbanized area divided by the total bus vehicle revenue miles
attributable to all areas;
``(ii) 25 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of all
areas, as shown by the most recent decennial census; and
``(iii) 25 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio for the area based on
population weighted by a factor, established by the
Secretary, of the number of inhabitants in each square mile.
``(2) 9.2 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to
receive an amount equal to--
``(A) the number of bus passenger miles traveled multiplied
by the number of bus passenger miles traveled for each dollar
of operating cost in an area; divided by
``(B) the total number of bus passenger miles traveled
multiplied by the total number of bus passenger miles
traveled for each dollar of operating cost in all areas.
``(d) Date of Apportionment.--The Secretary shall--
``(1) apportion amounts appropriated under section
5338(a)(2)(C) 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
``(2) publish apportionments of the amounts, including
amounts attributable to each urbanized area with a population
of more than 50,000 and amounts attributable to each State of
a multistate urbanized area, on the apportionment date.
``(e) Amounts Not Apportioned to Designated Recipients.--
The Governor of a State may expend in an urbanized area with
a population of less than 200,000 an amount apportioned under
this section that is not apportioned to a designated
recipient, as defined in section 5302(4).
``(f) Transfers of Apportionments.--(1) The Governor of a
State may transfer any part of the State's apportionment
under subsection (a)(1) of this section to supplement amounts
apportioned to the State under section 5311(c)(3). The
Governor may make a transfer only after consulting with
responsible local officials and publicly owned operators of
public transportation in each area for which the amount
originally was apportioned under this section.
``(2) The Governor of a State may transfer any part of the
State's apportionment under section 5311(c)(3) to supplement
amounts apportioned to the State under subsection (a)(1) of
this section.
``(3) The Governor of a State may use throughout the State
amounts of a State's apportionment remaining available for
obligation at the beginning of the 90-day period before the
period of the availability of the amounts expires.
``(4) A designated recipient for an urbanized area with a
population of at least 200,000 may transfer a part of its
apportionment under this section to the Governor of a State.
The Governor shall distribute the transferred amounts to
urbanized areas under this section.
``(5) Capital and operating assistance limitations
applicable to the original apportionment apply to amounts
transferred under this subsection.
``(g) Period of Availability to Recipients.--An amount
apportioned under this section may be obligated by the
recipient for 5 years after the fiscal year in which the
amount is apportioned. Not later than 30 days after the end
of the 5-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.
``(h) Apportionments.--Of the amounts made available for
each fiscal year under section 5338(a)(2)(C)--
``(1) $35,000,000 shall be set aside to carry out section
5307(i);
``(2) 3.07 percent shall be apportioned to urbanized areas
in accordance with subsection (j);
``(3) of amounts not apportioned under paragraphs (1) and
(2), 1 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with
subsection (i); and
``(4) any amount not apportioned under paragraphs (1), (2),
and (3) shall be apportioned to urbanized areas in accordance
with subsections (a) through (c).
``(i) Small Transit Intensive Cities Formula.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible area.--The term `eligible area' means an
urbanized area with a population of less than 200,000 that
meets or exceeds in one or more performance categories the
industry average for all urbanized areas with a population of
at least 200,000 but not more than 999,999, as determined by
the Secretary in accordance with subsection (c)(2).
``(B) Performance category.--The term `performance
category' means each of the following:
``(i) Passenger miles traveled per vehicle revenue mile.
``(ii) Passenger miles traveled per vehicle revenue hour.
``(iii) Vehicle revenue miles per capita.
``(iv) Vehicle revenue hours per capita.
``(v) Passenger miles traveled per capita.
``(vi) Passengers per capita.
``(2) Apportionment.--
``(A) Apportionment formula.--The amount to be apportioned
under subsection (h)(3) shall be apportioned among eligible
areas in the ratio that--
``(i) the number of performance categories for which each
eligible area meets or exceeds the industry average in
urbanized areas with a population of at least 200,000 but not
more than 999,999; bears to
``(ii) the aggregate number of performance categories for
which all eligible areas meet or exceed the industry average
in urbanized areas with a population of at least 200,000 but
not more than 999,999.
``(B) Data used in formula.--The Secretary shall calculate
apportionments under this subsection for a fiscal year using
data from the national transit database used to calculate
apportionments for that fiscal year under this section.
``(j) Apportionment Formula.--The amounts apportioned under
subsection (h)(2) shall be apportioned among urbanized areas
as follows:
``(1) 75 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
of 200,000 or more in the ratio that--
``(A) the number of eligible low-income individuals in each
such urbanized area; bears to
``(B) the number of eligible low-income individuals in all
such urbanized areas.
``(2) 25 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
of less than 200,000 in the ratio that--
``(A) the number of eligible low-income individuals in each
such urbanized area; bears to
``(B) the number of eligible low-income individuals in all
such urbanized areas.''.

SEC. 20028. STATE OF GOOD REPAIR GRANTS.

Section 5337 of title 49, United States Code, is amended to
read as follows:

``Sec.  5337. State of good repair grants

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Fixed guideway.--The term `fixed guideway' means a
public transportation facility--

[[Page S738]]

``(A) using and occupying a separate right-of-way for the
exclusive use of public transportation;
``(B) using rail;
``(C) using a fixed catenary system;
``(D) for a passenger ferry system; or
``(E) for a bus rapid transit system.
``(2) State.--The term `State' means the 50 States, the
District of Columbia, and Puerto Rico.
``(3) State of good repair.--The term `state of good
repair' has the meaning given that term by the Secretary, by
rule, under section 5326(b).
``(4) Transit asset management plan.--The term `transit
asset management plan' means a plan developed by a recipient
of funding under this chapter that--
``(A) includes, at a minimum, capital asset inventories and
condition assessments, decision support tools, and investment
prioritization; and
``(B) the recipient certifies that the recipient complies
with the rule issued under section 5326(d).
``(b) General Authority.--
``(1) Eligible projects.--The Secretary may make grants
under this section to assist State and local governmental
authorities in financing capital projects to maintain public
transportation systems in a state of good repair, including
projects to replace and rehabilitate--
``(A) rolling stock;
``(B) track;
``(C) line equipment and structures;
``(D) signals and communications;
``(E) power equipment and substations;
``(F) passenger stations and terminals;
``(G) security equipment and systems;
``(H) maintenance facilities and equipment;
``(I) operational support equipment, including computer
hardware and software;
``(J) development and implementation of a transit asset
management plan; and
``(K) other replacement and rehabilitation projects the
Secretary determines appropriate.
``(2) Inclusion in plan.--A recipient shall include a
project carried out under paragraph (1) in the transit asset
management plan of the recipient upon completion of the plan.
``(c) High Intensity Fixed Guideway State of Good Repair
Formula.--
``(1) In general.--Of the amount authorized or made
available under section 5338(a)(2)(M), $1,874,763,500 shall
be apportioned to recipients in accordance with this
subsection.
``(2) Area share.--
``(A) In general.--50 percent of the amount described in
paragraph (1) shall be apportioned for fixed guideway systems
in accordance with this paragraph.
``(B) Share.--A recipient shall receive an amount equal to
the amount described in subparagraph (A), multiplied by the
amount the recipient would have received under this section,
as in effect for fiscal year 2011, if the amount had been
calculated in accordance with section 5336(b)(1) and using
the definition of the term `fixed guideway' under subsection
(a) of this section, as such sections are in effect on the
day after the date of enactment of the Federal Public
Transportation Act of 2012, and divided by the total amount
apportioned for all areas under this section for fiscal year
2011.
``(C) Recipient.--For purposes of this paragraph, the term
`recipient' means an entity that received funding under this
section, as in effect for fiscal year 2011.
``(3) Vehicle revenue miles and directional route miles.--
``(A) In general.--50 percent of the amount described in
paragraph (1) shall be apportioned to recipients in
accordance with this paragraph.
``(B) Vehicle revenue miles.--A recipient in an urbanized
area shall receive an amount equal to 60 percent of the
amount described in subparagraph (A), multiplied by the
number of fixed guideway vehicle revenue miles attributable
to the urbanized area, as established by the Secretary,
divided by the total number of all fixed guideway vehicle
revenue miles attributable to all urbanized areas.
``(C) Directional route miles.--A recipient in an urbanized
area shall receive an amount equal to 40 percent of the
amount described in subparagraph (A), multiplied by the
number of fixed guideway directional route miles attributable
to the urbanized area, as established by the Secretary,
divided by the total number of all fixed guideway directional
route miles attributable to all urbanized areas.
``(4) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
the share of the total amount apportioned under this section
that is apportioned to an area under this subsection shall
not decrease by more than 0.25 percentage points compared to
the share apportioned to the area under this subsection in
the previous fiscal year.
``(B) Special rule for fiscal year 2012.--In fiscal year
2012, the share of the total amount apportioned under this
section that is apportioned to an area under this subsection
shall not decrease by more than 0.25 percentage points
compared to the share that would have been apportioned to the
area under this section, as in effect for fiscal year 2011,
if the share had been calculated using the definition of the
term `fixed guideway' under subsection (a) of this section,
as in effect on the day after the date of enactment of the
Federal Public Transportation Act of 2012.
``(5) Use of funds.--Amounts made available under this
subsection shall be available for the exclusive use of fixed
guideway projects.
``(6) Receiving apportionment.--
``(A) In general.--Except as provided in subparagraph (B),
for an area with a fixed guideway system, the amounts
provided under this section shall be apportioned to the
designated recipient for the urbanized area in which the
system operates.
``(B) Exception.--An area described in the amendment made
by section 3028(a) of the Transportation Equity Act for the
21st Century (Public Law 105 178; 112 Stat. 366) shall
receive an individual apportionment under this subsection.
``(7) Apportionment requirements.--For purposes of
determining the number of fixed guideway vehicle revenue
miles or fixed guideway directional route miles attributable
to an urbanized area for a fiscal year under this subsection,
only segments of fixed guideway systems placed in revenue
service not later than 7 years before the first day of the
fiscal year shall be deemed to be attributable to an
urbanized area.
``(d) Fixed Guideway State of Good Repair Grant Program.--
``(1) In general.--The Secretary may make grants under this
section to assist State and local governmental authorities in
financing fixed guideway capital projects to maintain public
transportation systems in a state of good repair.
``(2) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.
``(3) Priority consideration.--In making grants under this
subsection, the Secretary shall give priority to grant
applications received from recipients receiving an amount
under this section that is not less than 2 percent less than
the amount the recipient would have received under this
section, as in effect for fiscal year 2011, if the amount had
been calculated using the definition of the term `fixed
guideway' under subsection (a) of this section, as in effect
on the day after the date of enactment of the Federal Public
Transportation Act of 2012.
``(e) High Intensity Motorbus State of Good Repair.--
``(1) Definition.--For purposes of this subsection, the
term `fixed guideway motorbus' means public transportation
that is provided on a facility with access for other high-
occupancy vehicles.
``(2) Apportionment.--Of the amount authorized or made
available under section 5338(a)(2)(M), $112,500,000 shall be
apportioned to urbanized areas for high intensity motorbus
state of good repair in accordance with this subsection.
``(3) Vehicle revenue miles and directional route miles.--
``(A) In general.--$60,000,000 of the amount described in
paragraph (2) shall be apportioned to each area in accordance
with this paragraph.
``(B) Vehicle revenue miles.--Each area shall receive an
amount equal to 60 percent of the amount described in
subparagraph (A), multiplied by the number of fixed guideway
motorbus vehicle revenue miles attributable to the area, as
established by the Secretary, divided by the total number of
all fixed guideway motorbus vehicle revenue miles
attributable to all areas.
``(C) Directional route miles.--Each area shall receive an
amount equal to 40 percent of the amount described in
subparagraph (A), multiplied by the number of fixed guideway
motorbus directional route miles attributable to the area, as
established by the Secretary, divided by the total number of
all fixed guideway motorbus directional route miles
attributable to all areas.
``(4) Special rule for fixed guideway motorbus.--
``(A) In general.--$52,500,000 of the amount described in
paragraph (2) shall be apportioned--
``(i) in accordance with this paragraph; and
``(ii) among urbanized areas within a State in the same
proportion as funds are apportioned within a State under
section 5336, except subsection (b), and shall be added to
such amounts.
``(B) Territories.--Of the amount described in subparagraph
(A), $500,000 shall be distributed among the territories, as
determined by the Secretary.
``(C) States.--Of the amount described in subparagraph (A),
each State shall receive $1,000,000.
``(5) Use of funds.--A recipient may transfer any part of
the apportionment under this subsection for use under
subsection (c).
``(6) Apportionment requirements.--For purposes of
determining the number of fixed guideway motorbus vehicle
revenue miles or fixed guideway motorbus directional route
miles attributable to an urbanized area for a fiscal year
under this subsection, only segments of fixed guideway
motorbus systems placed in revenue service not later than 7
years before the first day of the fiscal year shall be deemed
to be attributable to an urbanized area.''.

SEC. 20029. AUTHORIZATIONS.

Section 5338 of title 49, United States Code, is amended to
read as follows:

``Sec.  5338. Authorizations

``(a) Formula 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, 5310, 5311, 5312, 5313, 5314,
5315, 5322, 5335, and 5340, subsections (c) and (e) of
section 5337, and section 20005(b) of the Federal

[[Page S739]]

Public Transportation Act of 2012, $8,360,565,000 for each of
fiscal years 2012 and 2013.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $124,850,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 5305;
``(B) $20,000,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 20005(b) of the
Federal Public Transportation Act of 2012;
``(C) $4,756,161,500 for each of fiscal years 2012 and 2013
shall be allocated in accordance with section 5336 to provide
financial assistance for urbanized areas under section 5307;
``(D) $65,150,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 5308, of which not
less than $8,500,000 shall be used to carry out activities
under section 5312;
``(E) $248,600,000 for each of fiscal years 2012 and 2013
shall be available to provide financial assistance for
services for the enhanced mobility of seniors and individuals
with disabilities under section 5310;
``(F) $591,190,000 for each of fiscal years 2012 and 2013
shall be available to provide financial assistance for other
than urbanized areas under section 5311, of which not less
than $30,000,000 shall be available to carry out section
5311(c)(1) and $20,000,000 shall be available to carry out
section 5311(c)(2);
``(G) $34,000,000 for each of fiscal years 2012 and 2013
shall be available to carry out research, development,
demonstration, and deployment projects under section 5312;
``(H) $6,500,000 for each of fiscal years 2012 and 2013
shall be available to carry out a transit cooperative
research program under section 5313;
``(I) $4,500,000 for each of fiscal years 2012 and 2013
shall be available for technical assistance and standards
development under section 5314;
``(J) $5,000,000 for each of fiscal years 2012 and 2013
shall be available for the National Transit Institute under
section 5315;
``(K) $2,000,000 for each of fiscal years 2012 and 2013
shall be available for workforce development and human
resource grants under section 5322;
``(L) $3,850,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 5335;
``(M) $1,987,263,500 for each of fiscal years 2012 and 2013
shall be available to carry out subsections (c) and (e) of
section 5337; and
``(N) $511,500,000 for each of fiscal years 2012 and 2013
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.
``(b) Emergency Relief Program.--There are authorized to be
appropriated such sums as are necessary to carry out section
5306.
``(c) Capital Investment Grants.--There are authorized to
be appropriated to carry out section 5309, $1,955,000,000 for
each of fiscal years 2012 and 2013.
``(d) Paul S. Sarbanes Transit in the Parks.--There are
authorized to be appropriated to carry out section 5320,
$26,900,000 for each of fiscal years 2012 and 2013.
``(e) Fixed Guideway State of Good Repair Grant Program.--
There are authorized to be appropriated to carry out section
5337(d), $7,463,000 for each of fiscal years 2012 and 2013.
``(f) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $108,350,000 for each of fiscal
years 2012 and 2013.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $10,000,000
shall be available to carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $1,000,000 shall be available to
carry out section 5326.
``(g) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
``(A) 0.5 percent of amounts made available to carry out
section 5305.
``(B) 0.75 percent of amounts made available to carry out
section 5307.
``(C) 1 percent of amounts made available to carry out
section 5309.
``(D) 1 percent of amounts made available to carry out
section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110 432; 126 Stat. 4968).
``(E) 0.5 percent of amounts made available to carry out
section 5310.
``(F) 0.5 percent of amounts made available to carry out
section 5311.
``(G) 0.5 percent of amounts made available to carry out
section 5320.
``(H) 0.75 percent of amounts made available to carry out
section 5337(c).
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a major
capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
``(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out under
this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
``(h) 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 Government 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 Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(i) Availability of Amounts.--Amounts made available by
or appropriated under this section shall remain available
until expended.''.

SEC. 20030. APPORTIONMENTS BASED ON GROWING STATES AND HIGH
DENSITY STATES FORMULA FACTORS.

Section 5340 of title 49, United States Code, is amended to
read as follows:

``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(a)(2)(N), 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

[[Page S740]]

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. For multistate urbanized
areas, the Secretary shall suballocate funds made available
under paragraph (4) to each State's part of the multistate
urbanized area in proportion to the State's share of
population of the multistate urbanized area. Amounts
apportioned to each urbanized area shall be made available
for grants under section 5307.''.

SEC. 20031. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Section 5305.--Section 5305 of title 49, United States
Code, is amended--
(1) in subsection (c), by striking ``sections 5303, 5304,
and 5306'' and inserting ``sections 5303 and 5304'';
(2) in subsection (d), by striking ``sections 5303 and
5306'' each place that term appears and inserting ``section
5303'';
(3) in subsection (e)(1)(A), by striking ``sections 5304,
5306, 5315, and 5322'' and inserting ``section 5304'';
(4) in subsection (f)--
(A) in the heading, by striking ``Government's'' and
inserting ``Government''; and
(B) by striking ``Government's'' and inserting
``Government''; and
(5) in subsection (g), by striking ``section 5338(c) for
fiscal years 2005 through 2011 and for the period beginning
on October 1, 2011, and ending on March 31, 2012'' and
inserting ``section 5338(a)(2)(A) for a fiscal year''.
(b) Section 5313.--Section 5313(a) of title 49, United
States Code, is amended--
(1) in the first sentence, by striking ``subsections
(a)(5)(C)(iii) and (d)(1) of section 5338'' and inserting
section ``5338(a)(2)(H)''; and
(2) in the second sentence, by striking ``of
Transportation''.
(c) Section 5319.--Section 5319 of title 49, United States
Code, is amended, in the second sentence--
(1) by striking ``sections 5307(e), 5309(h), and 5311(g) of
this title'' and inserting ``sections 5307(e), 5309(k), and
5311(h)''; and
(2) by striking ``of the United States'' and inserting
``made by the''.
(d) Section 5325.--Section 5325 of title 49, United States
Code, is amended--
(1) in subsection (b)(2)(A), by striking ``title 48, Code
of Federal Regulations (commonly known as the Federal
Acquisition Regulation)'' and inserting ``the Federal
Acquisition Regulation, or any successor thereto''; and
(2) in subsection (e), by striking ``Government financial
assistance'' and inserting ``Federal financial assistance''.
(e) Section 5330.--Effective 3 years after the effective
date of the final rules issued by the Secretary of
Transportation under section 5329(e) of title 49, United
States Code, as amended by this division, section 5330 of
title 49, United States Code, is repealed.
(f) Section 5331.--Section 5331 of title 49, United States
Code, is amended by striking ``Secretary of Transportation''
each place that term appears and inserting ``Secretary''.
(g) Section 5332.--Section 5332(c)(1) of title 49, United
States Code, is amended by striking ``of Transportation''.
(h) Section 5333.--Section 5333(a) of title 49, United
States Code, is amended by striking ``sections 3141-3144''
and inserting ``sections 3141 through 3144''.
(i) Section 5334.--Section 5334 of title 49, United States
Code, is amended--
(1) in subsection (c)--
(A) by striking ``Secretary of Transportation'' each place
that term appears and inserting ``Secretary''; and
(B) in paragraph (1), by striking ``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''
and inserting ``Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives'';
(2) in subsection (d), by striking ``of Transportation'';
(3) in subsection (e), by striking ``of Transportation'';
(4) in subsection (f), by striking ``of Transportation'';
(5) in subsection (g), in the matter preceding paragraph
(1)--
(A) by striking ``of Transportation''; and
(B) by striking ``subsection (a)(3) or (4) of this
section'' and inserting ``paragraph (3) or (4) of subsection
(a)'';
(6) in subsection (h)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``of Transportation''; and
(B) in paragraph (2), by striking ``of this section'';
(7) in subsection (i)(1), by striking ``of
Transportation''; and
(8) in subsection (j), as so redesignated by section 20025
of this division, by striking ``Committees on Banking,
Housing, and Urban Affairs and Appropriations of the Senate
and Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives'' and
inserting ``Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives''.
(j) Section 5335.--Section 5335(a) of title 49, United
States Code, is amended by striking ``of Transportation''.
(k) Table of Sections.--The table of sections for chapter
53 of title 49, United States Code, is amended to read as
follows:

``Sec.
``5301. Policies, purposes, and goals.
``5302. Definitions.
``5303. Metropolitan transportation planning.
``5304. Statewide and nonmetropolitan transportation planning.
``5305. Planning programs.
``5306. Public transportation emergency relief program.
``5307. Urbanized area formula grants.
``5308. Clean fuel grant program.
``5309. Fixed guideway capital investment grants.
``5310. Formula grants for the enhanced mobility of seniors 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. Technical assistance and standards development.
``5315. National Transit Institute.
``[5316. Repealed.]
``[5317. Repealed.]
``5318. Bus testing facilities.
``5319. Bicycle facilities.
``5320. Alternative transportation in parks and public lands.
``[5321. Repealed.]
``5322. Public transportation workforce development and human resource
programs.
``5323. General provisions.
``[5324. Repealed.]
``5325. Contract requirements.
``5326. Transit asset management.
``5327. Project management oversight.
``[5328. Repealed.]
``5329. Public transportation safety program.
``5330. State safety oversight.
``5331. Alcohol and controlled substances testing.
``5332. Nondiscrimination.
``5333. Labor standards.
``5334. Administrative provisions.
``5335. National transit database.
``5336. Apportionment of appropriations for formula grants.
``5337. State of good repair grants.
``5338. Authorizations.
``[5339. Repealed.]
``5340. Apportionments based on growing States and high density States
formula factors.''.

DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

SEC. 31001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Motor
Vehicle and Highway Safety Improvement Act of 2012'' or
``Mariah's Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:

DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

Sec. 31001. Short title; table of contents.
Sec. 31002. Definition.

Subtitle A--Highway Safety

Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. Combined occupant protection grants.
Sec. 31106. State traffic safety information system improvements.
Sec. 31107. Impaired driving countermeasures.
Sec. 31108. Distracted driving grants.
Sec. 31109. High visibility enforcement program.
Sec. 31110. Motorcyclist safety.
Sec. 31111. Driver alcohol detection system for safety research.
Sec. 31112. State graduated driver licensing laws.
Sec. 31113. Agency accountability.
Sec. 31114. Emergency medical services.

Subtitle B--Enhanced Safety Authorities

Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements definition.
Sec. 31206. Electronic disclosures of odometer information.
Sec. 31207. Increased penalties and damages for odometer fraud.
Sec. 31208. Extend prohibitions on importing noncompliant vehicles and
equipment to defective vehicles and equipment.

[[Page S741]]

Sec. 31209. Financial responsibility requirements for importers.
Sec. 31210. Conditions on importation of vehicles and equipment.
Sec. 31211. Port inspections; samples for examination or testing.

Subtitle C--Transparency and Accountability

Sec. 31301. Improved National Highway Traffic Safety Administration
vehicle safety database.
Sec. 31302. National Highway Traffic Safety Administration hotline for
manufacturer, dealer, and mechanic personnel.
Sec. 31303. Consumer notice of software updates and other
communications with dealers.
Sec. 31304. Public availability of early warning data.
Sec. 31305. Corporate responsibility for National Highway Traffic
Safety Administration reports.
Sec. 31306. Passenger motor vehicle information program.
Sec. 31307. Promotion of vehicle defect reporting.
Sec. 31308. Whistleblower protections for motor vehicle manufacturers,
part suppliers, and dealership employees.
Sec. 31309. Anti-revolving door.
Sec. 31310. Study of crash data collection.
Sec. 31311. Update of means of providing notification; improving
efficacy of recalls.
Sec. 31312. Expanding choices of remedy available to manufacturers of
replacement equipment.
Sec. 31313. Recall obligations and bankruptcy of manufacturer.
Sec. 31314. Repeal of insurance reports and information provision.
Sec. 31315. Monroney sticker to permit additional safety rating
categories.

Subtitle D--Vehicle Electronics and Safety Standards

Sec. 31401. National Highway Traffic Safety Administration electronics,
software, and engineering expertise.
Sec. 31402. Vehicle stopping distance and brake override standard.
Sec. 31403. Pedal placement standard.
Sec. 31404. Electronic systems performance standard.
Sec. 31405. Pushbutton ignition systems standard.
Sec. 31406. Vehicle event data recorders.
Sec. 31407. Prohibition on electronic visual entertainment in driver's
view.

Subtitle E--Child Safety Standards

Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.

Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural
Equipment

Sec. 31601. Rulemaking on visibility of agricultural equipment.

TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

Sec. 32001. Short title.
Sec. 32002. Definition.
Sec. 32003. References to title 49, United States Code.

Subtitle A--Commercial Motor Vehicle Registration

Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure
to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without
required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Sec. 32113. Federal successor standard.

Subtitle B--Commercial Motor Vehicle Safety

Sec. 32201. Repeal of commercial jurisdiction exception for brokers of
motor carriers of passengers.
Sec. 32202. Bus rentals and definition of employer.
Sec. 32203. Crashworthiness standards.
Sec. 32204. Canadian safety rating reciprocity.
Sec. 32205. State reporting of foreign commercial driver convictions.
Sec. 32206. Authority to disqualify foreign commercial drivers.
Sec. 32207. Revocation of foreign motor carrier operating authority for
failure to pay civil penalties.

Subtitle C--Driver Safety

Sec. 32301. Electronic on-board recording devices.
Sec. 32302. Safety fitness.
Sec. 32303. Driver medical qualifications.
Sec. 32304. Commercial driver's license notification system.
Sec. 32305. Commercial motor vehicle operator training.
Sec. 32306. Commercial driver's license program.
Sec. 32307. Commercial driver's license requirements.
Sec. 32308. Commercial motor vehicle driver information systems.
Sec. 32309. Disqualifications based on non-commercial motor vehicle
operations.
Sec. 32310. Federal driver disqualifications.
Sec. 32311. Employer responsibilities.

Subtitle D--Safe Roads Act of 2012

Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol
test results of commercial motor vehicle operators.
Sec. 32403. Drug and alcohol violation sanctions.
Sec. 32404. Authorization of appropriations.

Subtitle E--Enforcement

Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Minimum prohibition on operation for unfit carriers.
Sec. 32505. Minimum out of service penalties.
Sec. 32506. Impoundment and immobilization of commercial motor vehicles
for imminent hazard.
Sec. 32507. Increased penalties for evasion of regulations.
Sec. 32508. Failure to pay civil penalty as a disqualifying offense.
Sec. 32509. Violations relating to commercial motor vehicle safety
regulation and operators.
Sec. 32510. Emergency disqualification for imminent hazard.
Sec. 32511. Intrastate operations of interstate motor carriers.
Sec. 32512. Enforcement of safety laws and regulations.
Sec. 32513. Disclosure to State and local law enforcement agencies.

Subtitle F--Compliance, Safety, Accountability

Sec. 32601. Compliance, safety, accountability.
Sec. 32602. Performance and registration information systems management
program.
Sec. 32603. Commercial motor vehicle defined.
Sec. 32604. Driver safety fitness ratings.
Sec. 32605. Uniform electronic clearance for commercial motor vehicle
inspections.
Sec. 32606. Authorization of appropriations.
Sec. 32607. High risk carrier reviews.
Sec. 32608. Data and technology grants.
Sec. 32609. Driver safety grants.
Sec. 32610. Commercial vehicle information systems and networks.

Subtitle G--Motorcoach Enhanced Safety Act of 2012

Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger
evacuation, and crash avoidance.
Sec. 32704. Standards for improved fire safety.
Sec. 32705. Occupant protection, collision avoidance, fire causation,
and fire extinguisher research and testing.
Sec. 32706. Motorcoach registration.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing
a system of certification of training programs.
Sec. 32709. Report on driver's license requirements for 9- to 15-
passenger vans.
Sec. 32710. Event data recorders.
Sec. 32711. Safety inspection program for commercial motor vehicles of
passengers.
Sec. 32712. Distracted driving.
Sec. 32713. Regulations.

Subtitle H--Safe Highways and Infrastructure Preservation

Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit
laws.

Subtitle I--Miscellaneous

PART I--Detention Time Study

Sec. 32911. Detention time study.
Sec. 32912. Prohibition of coercion.
Sec. 32913. Motor carrier safety advisory committee.
Sec. 32914. Waivers, exemptions, and pilot programs.
Sec. 32915. Transportation of horses.

PART II--Household Goods Transportation

Sec. 32921. Additional registration requirements for household goods
motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
Sec. 32924. Household goods transportation assistance program.
Sec. 32925. Household goods consumer education program.

PART III--Technical Amendments

Sec. 32931. Update of obsolete text.

[[Page S742]]

Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.

PART IV--Surface Transportation and Freight Policy Act of 2012

Sec. 32941. Short title.
Sec. 32942. Establishment of a national surface transportation and
freight policy.
Sec. 32943. Surface transportation and freight strategic plan.
Sec. 32944. Transportation investment data and planning tools.
Sec. 32945. National freight infrastructure investment grants.
Sec. 32946. Port infrastructure development initiative.
Sec. 32947. Office of Freight Planning and Development.
Sec. 32948. Safety for motorized and nonmotorized users.

TITLE III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF
2012

Sec. 33001. Short title.
Sec. 33002. Definition.
Sec. 33003. References to title 49, United States Code.
Sec. 33004. Training for emergency responders.
Sec. 33005. Paperless Hazard Communications Pilot Program.
Sec. 33006. Improving data collection, analysis, and reporting.
Sec. 33007. Loading and unloading of hazardous materials.
Sec. 33008. Hazardous material technical assessment, research and
development, and analysis program.
Sec. 33009. Hazardous Material Enforcement Training Program.
Sec. 33010. Inspections.
Sec. 33011. Civil penalties.
Sec. 33012. Reporting of fees.
Sec. 33013. Special permits, approvals, and exclusions.
Sec. 33014. Highway routing disclosures.
Sec. 33015. Authorization of appropriations.

TITLE IV--RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION
REAUTHORIZATION ACT OF 2012

Sec. 34001. Short title.
Sec. 34002. National Cooperative Freight Research Program.
Sec. 34003. Multimodal Innovative Research Program.
Sec. 34004. Bureau of Transportation Statistics.
Sec. 34005. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
Sec. 34006. Administrative authority.
Sec. 34007. Prize authority.
Sec. 34008. Transportation research and development.
Sec. 34009. Use of funds for intelligent transportation systems
activities.
Sec. 34010. National Travel Data Program.
Sec. 34011. Authorization of appropriations.

SEC. 31002. DEFINITION.

In this title, the term ``Secretary'' means the Secretary
of Transportation.

Subtitle A--Highway Safety

SEC. 31101. 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--
(A) $243,000,000 for fiscal year 2012; and
(B) $243,000,000 for fiscal year 2013.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $130,000,000 for fiscal year 2012; and
(B) $139,000,000 for fiscal year 2013.
(3) Combined occupant protection grants.--For carrying out
section 405 of title 23, United States Code--
(A) $44,000,000 for fiscal year 2012; and
(B) $44,000,000 for fiscal year 2013.
(4) State traffic safety information system improvements.--
For carrying out section 408 of title 23, United States
Code--
(A) $44,000,000 for fiscal year 2012; and
(B) $44,000,000 for fiscal year 2013.
(5) Impaired driving countermeasures.--For carrying out
section 410 of title 23, United States Code--
(A) $139,000,000 for fiscal year 2012; and
(B) $139,000,000 for fiscal year 2013.
(6) Distracted driving grants.--For carrying out section
411 of title 23, United States Code--
(A) $39,000,000 for fiscal year 2012; and
(B) $39,000,000 for fiscal year 2013.
(7) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of
title 49, United States Code--
(A) $5,000,000 for fiscal year 2012; and
(B) $5,000,000 for fiscal year 2013.
(8) High visibility enforcement program.--For carrying out
section 2009 of SAFETEA LU (23 U.S.C. 402 note)--
(A) $37,000,000 for fiscal year 2012; and
(B) $37,000,000 for fiscal year 2013.
(9) Motorcyclist safety.--For carrying out section 2010 of
SAFETEA LU (23 U.S.C. 402 note)--
(A) $6,000,000 for fiscal year 2012; and
(B) $6,000,000 for fiscal year 2013.
(10) 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 subtitle--
(A) $25,581,280 for fiscal year 2012; and
(B) $25,862,674 for fiscal year 2013.
(11) Driver alcohol detection system for safety research.--
For carrying out section 413 of title 23, United States
Code--
(A) $12,000,000 for fiscal year 2012; and
(B) $12,000,000 for fiscal year 2013.
(12) State graduated driver licensing laws.--For carrying
out section 414 of title 23, United States Code--
(A) $22,000,000 for fiscal year 2012; and
(B) $22,000,000 for fiscal year 2013.
(b) Prohibition on Other Uses.--Except as otherwise
provided in chapter 4 of title 23, United States Code, in
this subtitle, and in the amendments made by this subtitle,
the amounts made available from the Highway Trust Fund (other
than the Mass Transit Account) for a program under such
chapter--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and in
this subtitle, amounts made available under subsection (a)
for fiscal years 2012 and 2013 shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(d) Regulatory Authority.--Grants awarded under this
subtitle shall be in accordance with regulations issued by
the Secretary.
(e) State Matching Requirements.--If a grant awarded under
this subtitle requires a State to share in the cost, the
aggregate of all expenditures for highway safety activities
made during any fiscal year by the State and its political
subdivisions (exclusive of Federal funds) for carrying out
the grant (other than planning and administration) shall be
available for the purpose of crediting the State during such
fiscal year for the non-Federal share of the cost of any
project under this subtitle (other than planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
(f) Maintenance of Effort.--
(1) Requirement.--No grant may be made to a State under
section 405, 408, or 410 of title 23, United States Code, 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 State and local sources for programs described in such
sections at or above the average level of such expenditures
in the 2 fiscal years preceding the date of enactment of this
Act.
(2) Waiver.--Upon the request of a State, the Secretary may
waive or modify the requirements under paragraph (1) for not
more than 1 fiscal year if the Secretary determines that such
a waiver would be equitable due to exceptional or
uncontrollable circumstances.
(g) Transfers.--In each fiscal year, the Secretary may
transfer any amounts remaining available under paragraphs
(3), (4), (5), (6), (9), (11), and (12) of subsection (a) to
the amounts made available under paragraph (1) or any other
of such paragraphs in order to ensure, to the maximum extent
possible, that all funds are obligated.
(h) Grant Application and Deadline.--To receive a grant
under this subtitle, a State shall submit an application, and
the Secretary shall establish a single deadline for such
applications to enable the award of grants early in the next
fiscal year.
(i) Allocation To Support State Distracted Driving Laws.--
Of the amounts made available under subsection (a)(6) for
distracted driving grants, the Secretary may expend, in each
fiscal year, up to $5,000,000 for the development and
placement of broadcast media to support the enforcement of
State distracted driving laws.

SEC. 31102. HIGHWAY SAFETY PROGRAMS.

(a) Programs Included.--Section 402(a) of title 23, United
States Code, is amended to read as follows:
``(a) Program Required.--
``(1) In general.--Each State shall have a highway safety
program, approved by the Secretary, that is designed to
reduce traffic accidents and the resulting deaths, injuries,
and property damage.
``(2) Uniform guidelines.--Programs required under
paragraph (1) shall comply with uniform guidelines,
promulgated by the Secretary and expressed in terms of
performance criteria, that--
``(A) include programs--
``(i) to reduce injuries and deaths resulting from motor
vehicles being driven in excess of posted speed limits;
``(ii) to encourage the proper use of occupant protection
devices (including the use of safety belts and child
restraint systems) by occupants of motor vehicles;
``(iii) to reduce injuries and deaths resulting from
persons driving motor vehicles while impaired by alcohol or a
controlled substance;
``(iv) to prevent accidents and reduce injuries and deaths
resulting from accidents involving motor vehicles and
motorcycles;
``(v) to reduce injuries and deaths resulting from
accidents involving school buses;
``(vi) 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); and

[[Page S743]]

``(vii) to improve law enforcement services in motor
vehicle accident prevention, traffic supervision, and post-
accident procedures;
``(B) improve driver performance, including--
``(i) driver education;
``(ii) driver testing to determine proficiency to operate
motor vehicles; and
``(iii) driver examinations (physical, mental, and driver
licensing);
``(C) improve pedestrian performance and bicycle safety;
``(D) include provisions for--
``(i) an effective record system of accidents (including
resulting injuries and deaths);
``(ii) accident investigations to determine the probable
causes of accidents, injuries, and deaths;
``(iii) vehicle registration, operation, and inspection;
and
``(iv) emergency services; and
``(E) to the extent determined appropriate by the
Secretary, are 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)(1) of
title 23, United States Code, is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by inserting after subparagraph (D) the following:
``(E) beginning on October 1, 2012, provide for a robust,
data-driven traffic safety enforcement program to prevent
traffic violations, crashes, and crash fatalities and
injuries in areas most at risk for such incidents, to the
satisfaction of the Secretary;''; and
(4) in subparagraph (F), as redesignated--
(A) in clause (i), by inserting ``and high-visibility law
enforcement mobilizations coordinated by the Secretary''
after ``mobilizations'';
(B) in clause (iii), by striking ``and'' at the end;
(C) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(v) ensuring that the State will coordinate its highway
safety plan, data collection, and information systems with
the State strategic highway safety plan (as defined in
section 148(a)).''.
(c) Approved Highway Safety Programs.--Section 402(c) of
title 23, United States Code, is amended--
(1) by striking ``(c) Funds authorized'' and inserting the
following:
``(c) Use of Funds.--
``(1) In general.--Funds authorized'';
(2) by striking ``Such funds'' and inserting the following:
``(2) Apportionment.--Except for amounts identified in
subsection (l) and section 403(e), funds described in
paragraph (1)'';
(3) by striking ``The Secretary shall not'' and all that
follows through ``subsection, a highway safety program'' and
inserting ``A highway safety program'';
(4) by inserting ``A State may use the funds apportioned
under this section, in cooperation with neighboring States,
for highway safety programs or related projects that may
confer benefits on such neighboring States.'' after ``in
every State.'';
(5) by striking ``50 per centum'' and inserting ``20
percent''; and
(6) by striking ``The Secretary shall promptly'' and all
that follows and inserting the following:
``(3) Reapportionment.--The Secretary shall promptly
apportion the funds withheld from a State's apportionment to
the State if the Secretary approves the State's highway
safety program or determines that the State has begun
implementing an approved program, as appropriate, not later
than July 31st 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 paragraph (2) not
later than the last day of the fiscal year.''.
(d) Use of Highway Safety Program Funds.--Section 402(g) of
title 23, United States Code, is amended to read as follows:
``(g) Savings Provision.--
``(1) In general.--Except as provided under paragraph (2),
nothing in this section may be construed to authorize the
appropriation or expenditure of funds for--
``(A) highway construction, maintenance, or design (other
than design of safety features of highways to be incorporated
into guidelines); or
``(B) any purpose for which funds are authorized by section
403.
``(2) Demonstration projects.--A State may use funds made
available to carry out this section to assist in
demonstration projects carried out by the Secretary under
section 403.''.
(e) In General.--Section 402 of title 23, United States
Code, is amended--
(1) by striking subsections (k) and (m);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively; and
(3) by redesignating subsection (l) as subsection (j).
(f) Highway Safety Plan and Reporting Requirements.--
Section 402 of title 23, United States Code, as amended by
this section, is further amended by adding at the end the
following:
``(k) Highway Safety Plan and Reporting Requirements.--
``(1) In general.--The Secretary shall require each State
to develop and submit to the Secretary a highway safety plan
that complies with the requirements under this subsection not
later than July 1, 2012, and annually thereafter.
``(2) Contents.--State highway safety plans submitted under
paragraph (1) shall include--
``(A) performance measures required by the Secretary or
otherwise necessary to support additional State safety goals,
including--
``(i) documentation of current safety levels for each
performance measure;
``(ii) quantifiable annual performance targets for each
performance measure; and
``(iii) a justification for each performance target;
``(B) a strategy for programming funds apportioned to the
State under this section on projects and activities that will
allow the State to meet the performance targets described in
subparagraph (A);
``(C) data and data analysis supporting the effectiveness
of proposed countermeasures;
``(D) 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 strategy described in subparagraph (B);
``(E) beginning with the plan submitted by July 1, 2013, a
report on the State's success in meeting State safety goals
set forth in the previous year's highway safety plan; and
``(F) an application for any additional grants available to
the State under this chapter.
``(3) Performance measures.--For the first highway safety
plan submitted under this subsection, the performance
measures required by the Secretary under paragraph (2)(A)
shall be limited to those developed by the National Highway
Traffic Safety Administration and the Governor's Highway
Safety Association and described in the report, `Traffic
Safety Performance Measures for States and Federal Agencies'
(DOT HS 811 025). For subsequent highway safety plans, the
Secretary shall consult with the Governor's Highway Safety
Association and safety experts if the Secretary makes
revisions to the set of required performance measures.
``(4) Review of highway safety plans.--
``(A) In general.--Not later than 60 days after the date on
which a State's highway safety plan is received by the
Secretary, the Secretary shall review and approve or
disapprove the plan.
``(B) Approvals and disapprovals.--
``(i) Approvals.--The Secretary shall approve a State's
highway safety plan if the Secretary determines that--

``(I) the plan is evidence-based and supported by data;
``(II) the performance targets are adequate; and
``(III) the plan, once implemented, will allow the State to
meet such targets.

``(ii) Disapprovals.--The Secretary shall disapprove a
State's highway safety plan if the Secretary determines that
the plan does not--

``(I) set appropriate performance targets; or
``(II) provide for evidence-based programming of funding in
a manner sufficient to allow the State to meet such targets.

``(C) Actions upon disapproval.--If the Secretary
disapproves a State's highway safety plan, the Secretary
shall--
``(i) inform the State of the reasons for such disapproval;
and
``(ii) require the State to resubmit the plan with any
modifications that the Secretary determines to be necessary.
``(D) Review of resubmitted plans.--If the Secretary
requires a State to resubmit a highway safety plan, with
modifications, the Secretary shall review and approve or
disapprove the modified plan not later than 30 days after the
date on which the Secretary receives such plan.
``(E) Reprogramming authority.--If the Secretary determines
that the modifications contained in a State's resubmitted
highway safety plan do not provide for the programming of
funding in a manner sufficient to meet the State's
performance goals, the Secretary, in consultation with the
State, shall take such action as may be necessary to bring
the State's plan into compliance with the performance
targets.
``(F) Public notice.--A State shall make the State's
highway safety plan, and decisions of the Secretary
concerning approval or disapproval of a revised plan,
available to the public.''.
(g) Cooperative Research and Evaluation.--Section 402 of
title 23, United States Code, as amended by this section, is
further amended by adding at the end the following:
``(l) Cooperative Research and Evaluation.--
``(1) Establishment and funding.--Notwithstanding the
apportionment formula set forth in subsection (c)(2),
$2,500,000 of the total amount available for apportionment to
the States for highway safety programs under subsection (c)
in each fiscal year shall be available for expenditure by the
Secretary, acting through the Administrator of the National
Highway Traffic Safety Administration, for a cooperative
research and evaluation program to research and evaluate
priority highway safety countermeasures.
``(2) Administration.--The program established under
paragraph (1)--
``(A) shall be administered by the Administrator of the
National Highway Traffic Safety Administration; and
``(B) shall be jointly managed by the Governors Highway
Safety Association and the

[[Page S744]]

National Highway Traffic Safety Administration.''.
(h) Teen Traffic Safety Program.--Section 402 of title 23,
United States Code, as amended by this section, is further
amended by adding at the end the following:
``(m) Teen Traffic Safety Program.--
``(1) Program authorized.--Subject to the requirements of a
State's highway safety plan, as approved by the Secretary
under subsection (k), a State may use a portion of the
amounts received under this section to implement a statewide
teen traffic safety program to improve traffic safety for
teen drivers.
``(2) Strategies.--The program implemented under paragraph
(1)--
``(A) shall include peer-to-peer education and prevention
strategies in schools and communities designed to--
``(i) increase safety belt use;
``(ii) reduce speeding;
``(iii) reduce impaired and distracted driving;
``(iv) reduce underage drinking; and
``(v) reduce other behaviors by teen drivers that lead to
injuries and fatalities; and
``(B) may include--
``(i) working with student-led groups and school advisors
to plan and implement teen traffic safety programs;
``(ii) providing subgrants to schools throughout the State
to support the establishment and expansion of student groups
focused on teen traffic safety;
``(iii) providing support, training, and technical
assistance to establish and expand school and community
safety programs for teen drivers;
``(iv) creating statewide or regional websites to publicize
and circulate information on teen safety programs;
``(v) conducting outreach and providing educational
resources for parents;
``(vi) establishing State or regional advisory councils
comprised of teen drivers to provide input and
recommendations to the governor and the governor's safety
representative on issues related to the safety of teen
drivers;
``(vii) collaborating with law enforcement;
``(viii) organizing and hosting State and regional
conferences for teen drivers;
``(ix) establishing partnerships and promoting coordination
among community stakeholders, including public, not-for-
profit, and for profit entities; and
``(x) funding a coordinator position for the teen safety
program in the State or region.''.

SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

Section 403 of title 23, United States Code, is amended to
read as follows:

``Sec.  403. Highway safety research and development

``(a) Defined Term.--In this section, the term `Federal
laboratory' includes--
``(1) a Government-owned, Government-operated laboratory;
and
``(2) a Government-owned, contractor-operated laboratory.
``(b) General Authority.--
``(1) Research and development activities.--The Secretary
may conduct research and development activities, including
demonstration projects and the collection and analysis of
highway and motor vehicle safety data and related information
needed to carry out this section, with respect to--
``(A) all aspects of highway and traffic safety systems and
conditions relating to--
``(i) vehicle, highway, driver, passenger, motorcyclist,
bicyclist, and pedestrian characteristics;
``(ii) accident causation and investigations;
``(iii) communications;
``(iv) emergency medical services; and
``(v) transportation of the injured;
``(B) human behavioral factors and their effect on highway
and traffic safety, including--
``(i) driver education;
``(ii) impaired driving;
``(iii) distracted driving; and
``(iv) new technologies installed in, or brought into,
vehicles;
``(C) an evaluation of the effectiveness of countermeasures
to increase highway and traffic safety, including occupant
protection and alcohol- and drug-impaired driving
technologies and initiatives; and
``(D) the effect of State laws on any aspects, activities,
or programs described in subparagraphs (A) through (C).
``(2) Cooperation, grants, and contracts.--The Secretary
may carry out this section--
``(A) independently;
``(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal laboratories;
``(C) by entering into contracts, cooperative agreements,
and other transactions with the National Academy of Sciences,
any Federal laboratory, State or local agency, authority,
association, institution, foreign country, or person (as
defined in chapter 1 of title 1); or
``(D) by making grants to the National Academy of Sciences,
any Federal laboratory, State or local agency, authority,
association, institution, or person (as defined in chapter 1
of title 1).
``(c) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
highway safety problems, stimulate voluntary improvements in
highway safety, and stimulate the marketing of new highway
safety related technology by private industry, the Secretary
is authorized to carry out, on a cost-shared basis,
collaborative research and development with--
``(A) non-Federal entities, including State and local
governments, foreign countries, colleges, universities,
corporations, partnerships, sole proprietorships,
organizations serving the interests of children, people with
disabilities, low-income populations, and older adults, and
trade associations that are incorporated or established under
the laws of any State or the United States; and
``(B) Federal laboratories.
``(2) 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)) in which
the Secretary provides not more than 50 percent of the cost
of any research or development project under this subsection.
``(3) Use of technology.--The research, development, or use
of any technology pursuant to an agreement under 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 (15 U.S.C. 3701 et seq.).
``(d) Title to Equipment.--In furtherance of the purposes
set forth in section 402, the Secretary may vest title to
equipment purchased for demonstration projects with funds
authorized under this section to State or local agencies on
such terms and conditions as the Secretary determines to be
appropriate.
``(e) Training.--Notwithstanding the apportionment formula
set forth in section 402(c)(2), 1 percent of the total amount
available for apportionment to the States for highway safety
programs under section 402(c) in each fiscal year shall be
available, through the end of the succeeding fiscal year, to
the Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration--
``(1) to provide training, conducted or developed by
Federal or non-Federal entity or personnel, to Federal,
State, and local highway safety personnel; and
``(2) to pay for any travel, administrative, and other
expenses related to such training.
``(f) Driver Licensing and Fitness To Drive
Clearinghouse.--From amounts made available under this
section, the Secretary, acting through the Administrator of
the National Highway Traffic Safety Administration, is
authorized to expend $1,280,000 between the date of enactment
of the Motor Vehicle and Highway Safety Improvement Act of
2012 and September 30, 2013, to establish an electronic
clearinghouse and technical assistance service to collect and
disseminate research and analysis of medical and technical
information and best practices concerning drivers with
medical issues that may be used by State driver licensing
agencies in making licensing qualification decisions.
``(g) International Highway Safety Information and
Cooperation.--
``(1) Establishment.--The Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, may establish an international highway safety
information and cooperation program to--
``(A) inform the United States highway safety community of
laws, projects, programs, data, and technology in foreign
countries that could be used to enhance highway safety in the
United States;
``(B) permit the exchange of information with foreign
countries about laws, projects, programs, data, and
technology that could be used to enhance highway safety; and
``(C) allow the Secretary, represented by the
Administrator, to participate and cooperate in international
activities to enhance highway safety.
``(2) Cooperation.--The Secretary may carry out this
subsection in cooperation with any appropriate Federal
agency, State or local agency or authority, foreign
government, or multinational institution.
``(h) Prohibition on Certain Disclosures.--Any report of
the National Highway Traffic Safety Administration, or of any
officer, employee, or contractor of the National Highway
Traffic Safety Administration, relating to any highway
traffic accident or the investigation of such accident
conducted pursuant to this chapter or chapter 301 shall be
made available to the public in a manner that does not
identify individuals.
``(i) Model Specifications for Devices.--The Secretary,
acting through the Administrator of the National Highway
Traffic Safety Administration, may--
``(1) develop model specifications and testing procedures
for devices, including devices designed to measure the
concentration of alcohol in the body;
``(2) conduct periodic tests of such devices;
``(3) publish a Conforming Products List of such devices
that have met the model specifications; and
``(4) may require that any necessary tests of such devices
are conducted by a Federal laboratory and paid for by the
device manufacturers.''.

SEC. 31104. NATIONAL DRIVER REGISTER.

Section 30302(b) of title 49, United States Code, is
amended by adding at the end the following: ``The Secretary
shall make continual improvements to modernize the Register's
data processing system.''.

[[Page S745]]

SEC. 31105. COMBINED OCCUPANT PROTECTION GRANTS.

(a) In General.--Section 405 of title 23, United States
Code, is amended to read as follows:

``Sec.  405. Combined occupant protection grants

``(a) General Authority.--Subject to the requirements of
this section, the Secretary of Transportation shall award
grants to States that adopt and implement effective occupant
protection programs to reduce highway deaths and injuries
resulting from individuals riding unrestrained or improperly
restrained in motor vehicles.
``(b) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants awarded under
this section may not exceed 80 percent for each fiscal year
for which a State receives a grant.
``(c) Eligibility.--
``(1) High seat belt use rate.--A State with an observed
seat belt use rate of 90 percent or higher, based on the most
recent data from a survey that conforms with national
criteria established by the National Highway Traffic Safety
Administration, shall be eligible for a grant in a fiscal
year if the State--
``(A) submits an occupant protection plan during the first
fiscal year;
``(B) participates in the Click It or Ticket national
mobilization;
``(C) has an active network of child restraint inspection
stations; and
``(D) has a plan to recruit, train, and maintain a
sufficient number of child passenger safety technicians.
``(2) Lower seat belt use rate.--A State with an observed
seat belt use rate below 90 percent, based on the most recent
data from a survey that conforms with national criteria
established by the National Highway Traffic Safety
Administration, shall be eligible for a grant in a fiscal
year if--
``(A) the State meets all of the requirements under
subparagraphs (A) through (D) of paragraph (1); and
``(B) the Secretary determines that the State meets at
least 3 of the following criteria:
``(i) The State conducts sustained (on-going and periodic)
seat belt enforcement at a defined level of participation
during the year.
``(ii) The State has enacted and enforces a primary
enforcement seat belt use law.
``(iii) The State has implemented countermeasure programs
for high-risk populations, such as drivers on rural roadways,
unrestrained nighttime drivers, or teenage drivers.
``(iv) The State has enacted and enforces occupant
protection laws requiring front and rear occupant protection
use by all occupants in an age-appropriate restraint.
``(v) The State has implemented a comprehensive occupant
protection program in which the State has--

``(I) conducted a program assessment;
``(II) developed a statewide strategic plan;
``(III) designated an occupant protection coordinator; and
``(IV) established a statewide occupant protection task
force.

``(vi) The State--

``(I) completed an assessment of its occupant protection
program during the 3-year period preceding the grant year; or
``(II) will conduct such an assessment during the first
year of the grant.

``(d) Use of Grant Amounts.--Grant funds received pursuant
to this section may be used to--
``(1) carry out a program to support high-visibility
enforcement mobilizations, including paid media that
emphasizes publicity for the program, and law enforcement;
``(2) carry out a program to train occupant protection
safety professionals, police officers, fire and emergency
medical personnel, educators, and parents concerning all
aspects of the use of child restraints and occupant
protection;
``(3) carry out a program to educate the public concerning
the proper use and installation of child restraints,
including related equipment and information systems;
``(4) carry out a program to provide community child
passenger safety services, including programs about proper
seating positions for children and how to reduce the improper
use of child restraints;
``(5) purchase and distribute child restraints to low-
income families if not more than 5 percent of the funds
received in a fiscal year are used for this purpose;
``(6) establish and maintain information systems containing
data concerning occupant protection, including the collection
and administration of child passenger safety and occupant
protection surveys; and
``(7) carry out a program to educate the public concerning
the dangers of leaving children unattended in vehicles.
``(e) Grant Amount.--The allocation of grant funds under
this section to a State for a fiscal year shall be in
proportion to the State's apportionment under section 402 for
fiscal year 2009.
``(f) Report.--A State that receives a grant under this
section shall submit a report to the Secretary that documents
the manner in which the grant amounts were obligated and
expended and identifies the specific programs carried out
with 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 chapter 4 of title
23, United States Code.
``(g) Definitions.--In this section:
``(1) Child restraint.--The term `child restraint' means
any device (including child safety seat, booster seat,
harness, and excepting seat belts) designed for use in a
motor vehicle to restrain, seat, or position children who
weigh 65 pounds (30 kilograms) or less, and certified to the
Federal motor vehicle safety standard prescribed by the
National Highway Traffic Safety Administration for child
restraints.
``(2) Seat belt.--The term `seat belt' means--
``(A) with respect to open-body motor 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 motor vehicles, an occupant
restraint system consisting of integrated lap and shoulder
belts.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 405 and inserting the following:

``405. Combined occupant protection grants.''.

SEC. 31106. STATE TRAFFIC SAFETY INFORMATION SYSTEM
IMPROVEMENTS.

Section 408 of title 23, United States Code, is amended to
read as follows:

``Sec.  408. State traffic safety information system
improvements

``(a) General Authority.--Subject to the requirements of
this section, the Secretary of Transportation shall award
grants to States to support the development and
implementation of effective State programs that--
``(1) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the State
safety data that is needed to identify priorities for
Federal, 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;
``(4) improve the compatibility and interoperability of the
data systems of the State with national data systems and data
systems of other States; and
``(5) enhance the ability of the Secretary to observe and
analyze national trends in crash occurrences, rates,
outcomes, and circumstances.
``(b) Federal Share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State program
described in this section may not exceed 80 percent.
``(c) Eligibility.--A State is not eligible for a grant
under this section in a fiscal year unless the State
demonstrates, to the satisfaction of the Secretary, that the
State--
``(1) has a functioning traffic records coordinating
committee (referred to in this subsection as `TRCC') that
meets at least 3 times a year;
``(2) has designated a TRCC coordinator;
``(3) has established a State traffic record strategic plan
that has been approved by the TRCC and describes specific
quantifiable and measurable improvements anticipated in the
State's core safety databases, including crash, citation or
adjudication, driver, emergency medical services or injury
surveillance system, roadway, and vehicle databases;
``(4) has demonstrated quantitative progress in relation to
the significant data program attribute of--
``(A) accuracy;
``(B) completeness;
``(C) timeliness;
``(D) uniformity;
``(E) accessibility; or
``(F) integration of a core highway safety database; and
``(5) has certified to the Secretary that an assessment of
the State's highway safety data and traffic records system
was conducted or updated during the preceding 5 years.
``(d) Use of Grant Amounts.--Grant funds received by a
State under this section shall be used for making data
program improvements to core highway safety databases related
to quantifiable, measurable progress in any of the 6
significant data program attributes set forth in subsection
(c)(4).
``(e) Grant Amount.--The allocation of grant funds under
this section to a State for a fiscal year shall be in
proportion to the State's apportionment under section 402 for
fiscal year 2009.''.

SEC. 31107. IMPAIRED DRIVING COUNTERMEASURES.

(a) In General.--Section 410 of title 23, United States
Code, is amended to read as follows:

``Sec.  410. Impaired driving countermeasures

``(a) Grants Authorized.--Subject to the requirements of
this section, the Secretary of Transportation shall award
grants to States that adopt and implement--
``(1) effective programs to reduce driving under the
influence of alcohol, drugs, or the combination of alcohol
and drugs; or
``(2) alcohol-ignition interlock laws.
``(b) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants under this
section may not exceed 80 percent in any fiscal year in which
the State receives a grant.
``(c) Eligibility.--
``(1) Low-range states.--Low-range States shall be eligible
for a grant under this section.
``(2) Mid-range states.--A mid-range State shall be
eligible for a grant under this section if--
``(A) a statewide impaired driving task force in the State
developed a statewide plan

[[Page S746]]

during the most recent 3 calendar years to address the
problem of impaired driving; or
``(B) the State will convene a statewide impaired driving
task force to develop such a plan during the first year of
the grant.
``(3) High-range states.--A high-range State shall be
eligible for a grant under this section if the State--
``(A)(i) conducted an assessment of the State's impaired
driving program during the most recent 3 calendar years; or
``(ii) will conduct such an assessment during the first
year of the grant;
``(B) convenes, during the first year of the grant, a
statewide impaired driving task force to develop a statewide
plan that--
``(i) addresses any recommendations from the assessment
conducted under subparagraph (A);
``(ii) includes a detailed plan for spending any grant
funds provided under this section; and
``(iii) describes how such spending supports the statewide
program;
``(C)(i) submits the statewide plan to the National Highway
Traffic Safety Administration during the first year of the
grant for the agency's review and approval;
``(ii) annually updates the statewide plan in each
subsequent year of the grant; and
``(iii) submits each updated statewide plan for the
agency's review and comment; and
``(D) appoints a full- or part-time impaired driving
coordinator--
``(i) to coordinate the State's activities to address
enforcement and adjudication of laws to address driving while
impaired by alcohol; and
``(ii) to oversee the implementation of the statewide plan.
``(d) Use of Grant Amounts.--
``(1) Required programs.--High-range States shall use grant
funds for--
``(A) high visibility enforcement efforts; and
``(B) any of the activities described in paragraph (2) if--
``(i) the activity is described in the statewide plan; and
``(ii) the Secretary approves the use of funding for such
activity.
``(2) Authorized programs.--Medium- and low-range States
may use grant funds for--
``(A) any of the purposes described in paragraph (1);
``(B) paid and earned media in support of high visibility
enforcement efforts;
``(C) hiring a full-time impaired driving coordinator of
the State's activities to address the enforcement and
adjudication of laws regarding driving while impaired by
alcohol;
``(D) court support of high visibility enforcement efforts;
``(E) alcohol ignition interlock programs;
``(F) improving blood-alcohol concentration testing and
reporting;
``(G) establishing driving while intoxicated courts;
``(H) conducting--
``(i) standardized field sobriety training;
``(ii) advanced roadside impaired driving evaluation
training; and
``(iii) drug recognition expert training for law
enforcement;
``(I) training and education of criminal justice
professionals (including law enforcement, prosecutors, judges
and probation officers) to assist such professionals in
handling impaired driving cases;
``(J) traffic safety resource prosecutors;
``(K) judicial outreach liaisons;
``(L) equipment and related expenditures used in connection
with impaired driving enforcement in accordance with criteria
established by the National Highway Traffic Safety
Administration;
``(M) training on the use of alcohol screening and brief
intervention;
``(N) developing impaired driving information systems; and
``(O) costs associated with a `24-7 sobriety program'.
``(3) Other programs.--Low-range States may use grant funds
for any expenditure designed to reduce impaired driving based
on problem identification. Medium- and high-range States may
use funds for such expenditures upon approval by the
Secretary.
``(e) Grant Amount.--Subject to subsection (g), the
allocation of grant funds to a State under this section for a
fiscal year shall be in proportion to the State's
apportionment under section 402(c) for fiscal year 2009.
``(f) Grants to States That Adopt and Enforce Mandatory
Alcohol-Ignition Interlock Laws.--
``(1) In general.--The Secretary shall make a separate
grant under this section to each State that adopts and is
enforcing a mandatory alcohol-ignition interlock law for all
individuals convicted of driving under the influence of
alcohol or of driving while intoxicated.
``(2) Use of funds.--Such grants may be used by recipient
States only for costs associated with the State's alcohol-
ignition interlock program, including screening, assessment,
and program and offender oversight.
``(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).
``(4) Funding.--Not more than 15 percent of the amounts
made available to carry out this section in a fiscal year
shall be made available by the Secretary for making grants
under this subsection.
``(g) Definitions.--In this section:
``(1) 24-7 sobriety program.--The term `24-7 sobriety
program' means a State law or program that authorizes a State
court or a State agency, as a condition of sentence,
probation, parole, or work permit, to--
``(A) require an individual who plead guilty or was
convicted of driving under the influence of alcohol or drugs
to totally abstain from alcohol or drugs for a period of
time; and
``(B) require the individual to be subject to testing for
alcohol or drugs--
``(i) at least twice a day;
``(ii) by continuous transdermal alcohol monitoring via an
electronic monitoring device; or
``(iii) by an alternate method with the concurrence of the
Secretary.
``(2) Average impaired driving fatality rate.--The term
`average impaired driving fatality rate' means the number of
fatalities in motor vehicle crashes involving a driver with a
blood alcohol concentration of at least 0.08 for every
100,000,000 vehicle miles traveled, based on the most
recently reported 3 calendar years of final data from the
Fatality Analysis Reporting System, as calculated in
accordance with regulations prescribed by the Administrator
of the National Highway Traffic Safety Administration.
``(3) High-range state.--The term `high-range State' means
a State that has an average impaired driving fatality rate of
0.60 or higher.
``(4) Low-range state.--The term `low-range State' means a
State that has an average impaired driving fatality rate of
0.30 or lower.
``(5) Mid-range state.--The term `mid-range State' means a
State that has an average impaired driving fatality rate that
is higher than 0.30 and lower than 0.60.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 410 and inserting the following:

``410. Impaired driving countermeasures.''.

SEC. 31108. DISTRACTED DRIVING GRANTS.

(a) In General.--Section 411 of title 23, United States
Code, is amended to read as follows:

``Sec.  411. Distracted driving grants

``(a) In General.--The Secretary shall award a grant under
this section to any State that enacts and enforces a statute
that meets the requirements set forth in subsections (b) and
(c).
``(b) Prohibition on Texting While Driving.--A State
statute meets the requirements set forth in this subsection
if the statute--
``(1) prohibits drivers from texting through a personal
wireless communications device while driving;
``(2) makes violation of the statute a primary offense;
``(3) establishes--
``(A) a minimum fine for a first violation of the statute;
and
``(B) increased fines for repeat violations; and
``(4) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the
statute.
``(c) Prohibition on Youth Cell Phone Use While Driving.--A
State statute meets the requirements set forth in this
subsection if the statute--
``(1) prohibits a driver who is younger than 18 years of
age from using a personal wireless communications device
while driving;
``(2) makes violation of the statute a primary offense;
``(3) requires distracted driving issues to be tested as
part of the State driver's license examination;
``(4) establishes--
``(A) a minimum fine for a first violation of the statute;
and
``(B) increased fines for repeat violations; and
``(5) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the
statute.
``(d) Permitted Exceptions.--A statute that meets the
requirements set forth in subsections (b) and (c) may provide
exceptions for--
``(1) a driver who uses a personal wireless communications
device to contact emergency services;
``(2) emergency services personnel who use a personal
wireless communications device while--
``(A) operating an emergency services vehicle; and
``(B) engaged in the performance of their duties as
emergency services personnel; and
``(3) an individual employed as a commercial motor vehicle
driver or a school bus driver who uses a personal wireless
communications device within the scope of such individual's
employment if such use is permitted under the regulations
promulgated pursuant to section 31152 of title 49.
``(e) Use of Grant Funds.--Of the grant funds received by a
State under this section--
``(1) at least 50 percent shall be used--
``(A) to educate the public through advertising containing
information about the dangers of texting or using a cell
phone while driving;
``(B) for traffic signs that notify drivers about the
distracted driving law of the State; or

[[Page S747]]

``(C) for law enforcement costs related to the enforcement
of the distracted driving law; and
``(2) up to 50 percent may be used for other projects
that--
``(A) improve traffic safety; and
``(B) are consistent with the criteria set forth in section
402(a).
``(f) Additional Grants.--In fiscal year 2012, the
Secretary may use up to 25 percent of the funding available
for grants under this section to award grants to States
that--
``(1) enacted statutes before July 1, 2011, which meet the
requirements under paragraphs (1) and (2) of subsection (b);
and
``(2) are otherwise ineligible for a grant under this
section.
``(g) Definitions.--In this section:
``(1) Driving.--The term `driving'--
``(A) means operating a motor vehicle on a public road,
including operation while temporarily stationary because of
traffic, a traffic light or stop sign, or otherwise; and
``(B) does not include operating a motor vehicle when the
vehicle has pulled over to the side of, or off, an active
roadway and has stopped in a location where it can safely
remain stationary.
``(2) Personal wireless communications device.--The term
`personal wireless communications device'--
``(A) means a device through which personal wireless
services (as defined in section 332(c)(7)(C)(i) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are
transmitted; and
``(B) does not include a global navigation satellite system
receiver used for positioning, emergency notification, or
navigation purposes.
``(3) Primary offense.--The term `primary offense' means an
offense for which a law enforcement officer may stop a
vehicle solely for the purpose of issuing a citation in the
absence of evidence of another offense.
``(4) Public road.--The term `public road' has the meaning
given that term in section 402(c).
``(5) Texting.--The term `texting' means reading from or
manually entering data into a personal wireless
communications device, including doing so for the purpose of
SMS texting, e-mailing, instant messaging, or engaging in any
other form of electronic data retrieval or electronic data
communication.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 411 and inserting the following:

``411. Distracted driving grants.''.

SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM.

Section 2009 of SAFETEA LU (23 U.S.C. 402 note) is
amended--
(1) in subsection (a)--
(A) by striking ``at least 2'' and inserting ``at least
3''; and
(B) by striking ``years 2006 through 2012.'' and inserting
``fiscal years 2012 and 2013. The Administrator may also
initiate and support additional campaigns in each of fiscal
years 2012 and 2013 for the purposes specified in subsection
(b).'';
(2) in subsection (b) by striking ``either or both'' and
inserting ``outcomes related to at least 1'';
(3) in subsection (c), by inserting ``and Internet-based
outreach'' after ``print media advertising'';
(4) in subsection (e), by striking ``subsections (a), (c),
and (f)'' and inserting ``subsection (c)'';
(5) by striking subsection (f); and
(6) by redesignating subsection (g) as subsection (f).

SEC. 31110. MOTORCYCLIST SAFETY.

Section 2010 of SAFETEA LU (23 U.S.C. 402 note) is
amended--
(1) by striking subsections (b) and (g);
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively; and
(3) in subsection (c)(1), as redesignated, by striking ``to
the satisfaction of the Secretary--'' and all that follows
and inserting ``, to the satisfaction of the Secretary, at
least 2 of the 6 criteria listed in paragraph (2).''.

SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY
RESEARCH.

(a) In General.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following:

``Sec.  413. In-vehicle alcohol detection device research

``(a) In General.--The Administrator of the National
Highway Traffic Safety Administration shall carry out a
collaborative research effort under chapter 301 of title 49,
United States Code, to continue to explore the feasibility
and the potential benefits of, and the public policy
challenges associated with, more widespread deployment of in-
vehicle technology to prevent alcohol-impaired driving.
``(b) Reports.--The Administrator shall submit a report
annually to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives--
``(1) describing progress in carrying out the collaborative
research effort; and
``(2) including an accounting for the use of Federal funds
obligated or expended in carrying out that effort.
``(c) Definitions.--In this title:
``(1) Alcohol-impaired driving.--The term `alcohol-impaired
driving' means operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49, United States Code) by an
individual whose blood alcohol content is at or above the
legal limit.
``(2) Legal limit.--The term `legal limit' means a blood
alcohol concentration of 0.08 percent or greater (as
specified by chapter 163 of title 23, United States Code) or
such other percentage limitation as may be established by
applicable Federal, State, or local law.''.
(b) Clerical Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by inserting after
the item relating to section 412 the following:

``413. In-vehicle alcohol detection device research.''.

SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS.

(a) In General.--Chapter 4 of title 23, United States Code,
as amended by this title, is further amended by adding at the
end the following:

``Sec.  414. State Graduated Driver Licensing Incentive Grant

``(a) Grants Authorized.--Subject to the requirements of
this section, the Secretary shall award grants to States that
adopt and implement graduated driver licensing laws in
accordance with the requirements set forth in subsection (b).
``(b) Minimum Requirements.--
``(1) In general.--A State meets the requirements set forth
in this subsection if the State has a graduated driver
licensing law that requires novice drivers younger than 21
years of age to comply with the 2-stage licensing process
described in paragraph (2) before receiving an unrestricted
driver's license.
``(2) Licensing process.--A State is in compliance with the
2-stage licensing process described in this paragraph if the
State's driver's license laws include--
``(A) a learner's permit stage that--
``(i) is at least 6 months in duration;
``(ii) prohibits the driver from using a cellular telephone
or any communications device in a nonemergency situation; and
``(iii) remains in effect until the driver--

``(I) reaches 16 years of age and enters the intermediate
stage; or
``(II) reaches 18 years of age;

``(B) an intermediate stage that--
``(i) commences immediately after the expiration of the
learner's permit stage;
``(ii) is at least 6 months in duration;
``(iii) prohibits the driver from using a cellular
telephone or any communications device in a nonemergency
situation;
``(iv) restricts driving at night;
``(v) prohibits the driver from operating a motor vehicle
with more than 1 nonfamilial passenger younger than 21 years
of age unless a licensed driver who is at least 21 years of
age is in the motor vehicle; and
``(vi) remains in effect until the driver reaches 18 years
of age; and
``(C) any other requirement prescribed by the Secretary of
Transportation, including--
``(i) in the learner's permit stage--

``(I) at least 40 hours of behind-the-wheel training with a
licensed driver who is at least 21 years of age;
``(II) a driver training course; and
``(III) a requirement that the driver be accompanied and
supervised by a licensed driver, who is at least 21 years of
age, at all times while such driver is operating a motor
vehicle; and

``(ii) in the learner's permit or intermediate stage, a
requirement, in addition to any other penalties imposed by
State law, that the grant of an unrestricted driver's license
be automatically delayed for any individual who, during the
learner's permit or intermediate stage, is convicted of a
driving-related offense, including--

``(I) driving while intoxicated;
``(II) misrepresentation of his or her true age;
``(III) reckless driving;
``(IV) driving without wearing a seat belt;
``(V) speeding; or
``(VI) any other driving-related offense, as determined by
the Secretary.

``(c) Rulemaking.--
``(1) In general.--The Secretary shall promulgate
regulations necessary to implement the requirements under
subsection (b), in accordance with the notice and comment
provisions under section 553 of title 5, United States Code.
``(2) Exception.--A State that otherwise meets the minimum
requirements set forth in subsection (b) shall be deemed by
the Secretary to be in compliance with the requirement set
forth in subsection (b) if the State enacted a law before
January 1, 2011, establishing a class of license that permits
licensees or applicants younger than 18 years of age to drive
a motor vehicle--
``(A) in connection with work performed on, or for the
operation of, a farm owned by family members who are directly
related to the applicant or licensee; or
``(B) if demonstrable hardship would result from the denial
of a license to the licensees or applicants.
``(d) Allocation.--Grant funds allocated to a State under
this section for a fiscal year shall be in proportion to a
State's apportionment under section 402 for such fiscal year.
``(e) Use of Funds.--Grant funds received by a State under
this section may be used for--
``(1) enforcing a 2-stage licensing process that complies
with subsection (b)(2);
``(2) training for law enforcement personnel and other
relevant State agency personnel

[[Page S748]]

relating to the enforcement described in paragraph (1);
``(3) publishing relevant educational materials that
pertain directly or indirectly to the State graduated driver
licensing law;
``(4) carrying out other administrative activities that the
Secretary considers relevant to the State's 2-stage licensing
process; and
``(5) carrying out a teen traffic safety program described
in section 402(m).''.

SEC. 31113. AGENCY ACCOUNTABILITY.

Section 412 of title 23, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Triennial State Management Reviews.--
``(1) In general.--Except as provided under paragraph (2),
the Secretary shall conduct a review of each State highway
safety program at least once every 3 years.
``(2) Exceptions.--The Secretary may conduct reviews of the
highway safety programs of the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands as often as the Secretary determines to be
appropriate.
``(3) Components.--Reviews under this subsection shall
include--
``(A) a management evaluation of all grant programs funded
under this chapter;
``(B) an assessment of State data collection and evaluation
relating to performance measures established by the
Secretary;
``(C) a comparison of State efforts under subparagraphs (A)
and (B) to best practices and programs that have been
evaluated for effectiveness; and
``(D) the development of recommendations on how each State
could--
``(i) improve the management and oversight of its grant
activities; and
``(ii) provide a management and oversight plan for such
grant programs.''; and
(2) by striking subsection (f).

SEC. 31114. EMERGENCY MEDICAL SERVICES.

Section 10202 of Public Law 109 59 (42 U.S.C. 300d 4), is
amended by adding at the end the following:
``(b) National Emergency Medical Services Advisory
Council.--
``(1) Establishment.--The Secretary of Transportation, in
coordination with the Secretary of Health and Human Services
and the Secretary of Homeland Security, shall establish a
National Emergency Medical Services Advisory Council
(referred to in this subsection as the `Advisory Council').
``(2) Membership.--The Advisory Council shall be composed
of 25 members, who--
``(A) shall be appointed by the Secretary of
Transportation; and
``(B) shall collectively be representative of all sectors
of the emergency medical services community.
``(3) Purposes.--The purposes of the Advisory Council are
to advise and consult with--
``(A) the Federal Interagency Committee on Emergency
Medical Services on matters relating to emergency medical
services issues; and
``(B) the Secretary of Transportation on matters relating
to emergency medical services issues affecting the Department
of Transportation.
``(4) Administration.--The Administrator of the National
Highway Traffic Safety Administration shall provide
administrative support to the Advisory Council, including
scheduling meetings, setting agendas, keeping minutes and
records, and producing reports.
``(5) Leadership.--The members of the Advisory Council
shall annually select a chairperson of the Council.
``(6) Meetings.--The Advisory Council shall meet as
frequently as is determined necessary by the chairperson of
the Council.
``(7) Annual reports.--The Advisory Council shall prepare
an annual report to the Secretary of Transportation regarding
the Council's actions and recommendations.''.

Subtitle B--Enhanced Safety Authorities

SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT.

Section 30102(a)(7)(C) of title 49, United States Code, is
amended to read as follows:
``(C) any device or an article or apparel, including a
motorcycle helmet and excluding medicine or eyeglasses
prescribed by a licensed practitioner, that--
``(i) is not a system, part, or component of a motor
vehicle; and
``(ii) is manufactured, sold, delivered, or offered to be
sold for use on public streets, roads, and highways with the
apparent purpose of safeguarding motor vehicles and highway
users against risk of accident, injury, or death.''.

SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY
BELTS.

(a) In General.--Chapter 301 of title 49, United States
Code, is amended--
(1) in section 30122, by striking subsection (d); and
(2) by amending section 30124 to read as follows:

``Sec.  30124. Nonuse of safety belts

``A motor vehicle safety standard prescribed under this
chapter may not require a manufacturer to comply with the
standard by using a safety belt interlock designed to prevent
starting or operating a motor vehicle if an occupant is not
using a safety belt.''.
(b) Conforming Amendment.--The analysis for chapter 301 of
title 49, United States Code, is amended by striking the item
relating to section 30124 and inserting the following:

``30124. Nonuse of safety belts.''.

SEC. 31203. CIVIL PENALTIES.

(a) In General.--Section 30165 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``30123(d)'' and inserting ``30123(a)'';
and
(ii) by striking ``$15,000,000'' and inserting
``$250,000,000''; and
(B) in paragraph (3), by striking ``$15,000,000'' and
inserting ``$250,000,000''; and
(2) by amending subsection (c) to read as follows:
``(c) Relevant Factors in Determining Amount of Penalty or
Compromise.--In determining the amount of a civil penalty or
compromise under this section, the Secretary of
Transportation shall consider the nature, circumstances,
extent, and gravity of the violation. Such determination
shall include, as appropriate--
``(1) the nature of the defect or noncompliance;
``(2) knowledge by the person charged of its obligation to
recall or notify the public;
``(3) the severity of the risk of injury;
``(4) the occurrence or absence of injury;
``(5) the number of motor vehicles or items of motor
vehicle equipment distributed with the defect or
noncompliance;
``(6) the existence of an imminent hazard;
``(7) actions taken by the person charged to identify,
investigate, or mitigate the condition;
``(8) the appropriateness of such penalty in relation to
the size of the business of the person charged, including the
potential for undue adverse economic impacts;
``(9) whether the person has previously been assessed civil
penalties under this section during the most recent 5 years;
and
``(10) other appropriate factors.''.
(b) Civil Penalty Criteria.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue
a final rule, in accordance with the procedures of section
553 of title 5, United States Code, which provides an
interpretation of the penalty factors described in section
30165(c) of title 49, United States Code.
(c) Construction.--Nothing in this section may be construed
as preventing the imposition of penalties under section 30165
of title 49, United States Code, before the issuance of a
final rule under subsection (b).

SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT.

(a) In General.--Chapter 301 of title 49, United States
Code, is amended by adding at the end the following:

``SUBCHAPTER V--MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

``Sec.  30181. Policy

``The Secretary of Transportation shall conduct research,
development, and testing on any area or aspect of motor
vehicle safety necessary to carry out this chapter.

``Sec.  30182. Powers and duties

``(a) In General.--The Secretary of Transportation shall--
``(1) conduct motor vehicle safety research, development,
and testing programs and activities, including new and
emerging technologies that impact or may impact motor vehicle
safety;
``(2) collect and analyze all types of motor vehicle and
highway safety data and related information to determine the
relationship between motor vehicle or motor vehicle equipment
performance characteristics and--
``(A) accidents involving motor vehicles; and
``(B) deaths or personal injuries resulting from those
accidents;
``(3) promote, support, and advance the education and
training of motor vehicle safety staff of the National
Highway Traffic Safety Administration, including using
program funds for--
``(A) planning, implementing, conducting, and presenting
results of program activities; and
``(B) travel and related expenses;
``(4) obtain experimental and other motor vehicles and
motor vehicle equipment for research or testing;
``(5)(A) use any test motor vehicles and motor vehicle
equipment suitable for continued use, as determined by the
Secretary to assist in carrying out this chapter or any other
chapter of this title; or
``(B) sell or otherwise dispose of test motor vehicles and
motor vehicle equipment and use the resulting proceeds to
carry out this chapter;
``(6) award grants to States and local governments,
interstate authorities, and nonprofit institutions; and
``(7) enter into cooperative agreements, collaborative
research, or contracts with Federal agencies, interstate
authorities, State and local governments, other public
entities, private organizations and persons, nonprofit
institutions, colleges and universities, consumer advocacy
groups, corporations, partnerships, sole proprietorships,
trade associations, Federal laboratories (including
Government-owned, Government-operated laboratories and
Government-owned, contractor-operated laboratories), and
foreign governments and research organizations.
``(b) Use of Public Agencies.--In carrying out this
subchapter, the Secretary shall avoid duplication by using
the services, research, and testing facilities of public
agencies, as appropriate.

[[Page S749]]

``(c) Facilities.--The Secretary may plan, design, and
build a new facility or modify an existing facility to
conduct research, development, and testing in traffic safety,
highway safety, and motor vehicle safety.
``(d) Availability of Information, Patents, and
Developments.--When the United States Government makes more
than a minimal contribution to a research or development
activity under this chapter, the Secretary shall include in
the arrangement for the activity a provision to ensure that
all information, patents, and developments related to the
activity are available to the public without charge. The
owner of a background patent may not be deprived of a right
under the patent.

``Sec.  30183. Prohibition on certain disclosures.

``Any report of the National Highway Traffic Safety
Administration, or of any officer, employee, or contractor of
the National Highway Traffic Safety Administration, relating
to any highway traffic accident or the investigation of such
accident conducted pursuant to this chapter or section 403 of
title 23, shall be made available to the public in a manner
that does not identify individuals.''.
(b) Conforming Amendments.--
(1) Amendment of chapter analysis.--The chapter analysis
for chapter 301 of title 49, United States Code, is amended
by adding at the end the following:

``subchapter v--motor vehicle safety research and development

``30181. Policy.
``30182. Powers and duties.
``30183. Prohibition on certain disclosures.''.
(2) Deletion of redundant material.--Chapter 301 of title
49, United States Code, is amended--
(A) in the chapter analysis, by striking the item relating
to section 30168; and
(B) by striking section 30168.

SEC. 31205. ODOMETER REQUIREMENTS DEFINITION.

Section 32702(5) of title 49, United States Code, is
amended by inserting ``or system of components'' after
``instrument''.

SEC. 31206. ELECTRONIC DISCLOSURES OF ODOMETER INFORMATION.

Section 32705 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Electronic Disclosures.--In carrying out this
section, the Secretary may prescribe regulations permitting
any written disclosures or notices and related matters to be
provided electronically.''.

SEC. 31207. INCREASED PENALTIES AND DAMAGES FOR ODOMETER
FRAUD.

Chapter 327 of title 49, United States Code, is amended--
(1) in section 32709(a)(1)--
(A) by striking ``$2,000'' and inserting ``$10,000''; and
(B) by striking ``$100,000'' and inserting ``$1,000,000'';
and
(2) in section 32710(a), by striking ``$1,500'' and
inserting ``$10,000''.

SEC. 31208. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT
VEHICLES AND EQUIPMENT TO DEFECTIVE VEHICLES
AND EQUIPMENT.

Section 30112 of title 49, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Except as provided in this section, section 30114,
subsections (i) and (j) of section 30120, and subchapter III,
a person may not sell, offer for sale, introduce or deliver
for introduction in interstate commerce, or import into the
United States any motor vehicle or motor vehicle equipment if
the vehicle or equipment contains a defect related to motor
vehicle safety about which notice was given under section
30118(c) or an order was issued under section 30118(b).
Nothing in this paragraph may be construed to prohibit the
importation of a new motor vehicle that receives a required
recall remedy before being sold to a consumer in the United
States.''; and
(2) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by adding ``or'' at the end; and
(C) by adding at the end the following:
``(C) having no reason to know, despite exercising
reasonable care, that a motor vehicle or motor vehicle
equipment contains a defect related to motor vehicle safety
about which notice was given under section 30118(c) or an
order was issued under section 30118(b);''.

SEC. 31209. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR
IMPORTERS.

Chapter 301 of title 49, United States Code, is amended--
(1) in the chapter analysis, by striking the item relating
to subchapter III and inserting the following:

``subchapter iii--importing motor vehicles and equipment'';

(2) in the heading for subchapter III, by striking
``NONCOMPLYING''; and
(3) in section 30147, by amending subsection (b) to read as
follows:
``(b) Financial Responsibility Requirement.--
``(1) Rulemaking.--The Secretary of Transportation may
issue regulations requiring each person that imports a motor
vehicle or motor vehicle equipment into the customs territory
of the United States, including a registered importer (or any
successor in interest), provide and maintain evidence,
satisfactory to the Secretary, of sufficient financial
responsibility to meet its obligations under section
30117(b), sections 30118 through 30121, and section 30166(f).
``(2) Refusal of admission.--If the Secretary of
Transportation believes that a person described in paragraph
(1) has not provided and maintained evidence of sufficient
financial responsibility to meet the obligations referred to
in paragraph (1), the Secretary of Homeland Security may
refuse the admission into the customs territory of the United
States of any motor vehicle or motor vehicle equipment
imported by the person.
``(3) Exception.--This subsection shall not apply to
original manufacturers (or wholly owned subsidiaries) of
motor vehicles that, prior to the date of enactment of the
Motor Vehicle and Highway Safety Improvement Act of 2012--
``(A) have imported motor vehicles into the United States
that are certified to comply with all applicable Federal
motor vehicle safety standards;
``(B) have submitted to the Secretary appropriate
manufacturer identification information under part 566 of
title 49, Code of Federal Regulations; and
``(C) if applicable, have identified a current agent for
service of process in accordance with part 551 of title 49,
Code of Federal Regulations.''.

SEC. 31210. CONDITIONS ON IMPORTATION OF VEHICLES AND
EQUIPMENT.

Chapter 301 of title 49, United States Code, is amended--
(1) in the chapter analysis, by striking the item relating
to section 30164 and inserting the following:

``30164. Service of process; conditions on importation of vehicles and
equipment.'';
and
(2) in section 30164--
(A) in the section heading, by adding ``; CONDITIONS ON
IMPORTATION OF VEHICLES AND EQUIPMENT'' at the end; and
(B) by adding at the end the following:
``(c) Identifying Information.--A manufacturer (including
an importer) offering a motor vehicle or motor vehicle
equipment for import shall provide such information as the
Secretary may, by rule, request including--
``(1) the product by name and the manufacturer's address;
and
``(2) each retailer or distributor to which the
manufacturer directly supplied motor vehicles or motor
vehicle equipment over which the Secretary has jurisdiction
under this chapter.
``(d) Rulemaking.--The Secretary may issue regulations
that--
``(1) condition the import of a motor vehicle or motor
vehicle equipment on the manufacturer's compliance with--
``(A) the requirements under this section;
``(B) any rules issued with respect to such requirements;
or
``(C) any other requirements under this chapter or rules
issued with respect to such requirements;
``(2) provide an opportunity for the manufacturer to
present information before the Secretary's determination as
to whether the manufacturer's imports should be restricted;
and
``(3) establish a process by which a manufacturer may
petition for reinstatement of its ability to import motor
vehicles or motor vehicle equipment.
``(e) Exception.--The requirements of subsections (c) and
(d) shall not apply to original manufacturers (or wholly
owned subsidiaries) of motor vehicles that, prior to the date
of enactment of the Motor Vehicle and Highway Safety
Improvement Act of 2012--
``(1) have imported motor vehicles into the United States
that are certified to comply with all applicable Federal
motor vehicle safety standards,
``(2) have submitted to the Secretary appropriate
manufacturer identification information under part 566 of
title 49, Code of Federal Regulations; and
``(3) if applicable, have identified a current agent for
service of process in accordance with part 551 of title 49,
Code of Federal Regulations.''.

SEC. 31211. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR
TESTING.

Section 30166(c) of title 49, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting ``(including at
United States ports of entry)'' after ``held for introduction
in interstate commerce''; and
(B) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(4) shall obtain from the Secretary of Homeland Security
without charge, upon the request of the Secretary of
Transportation, a reasonable number of samples of motor
vehicle equipment being offered for import to determine
compliance with this chapter or a regulation or order issued
under this chapter; and
``(5) shall instruct the Secretary of Homeland Security to
refuse admission of the motor vehicle equipment into the
customs territory of the United States if the Secretary of
Transportation determines, after examination of the samples
obtained under paragraph (4), that such refusal is warranted
due to noncompliance with--
``(A) this chapter;

[[Page S750]]

``(B) a regulation prescribed under this chapter; or
``(C) an order issued under this chapter.''.

Subtitle C--Transparency and Accountability

SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION VEHICLE SAFETY DATABASE.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall improve public
accessibility to information on the National Highway Traffic
Safety Administration's publicly accessible vehicle safety
databases by--
(1) improving organization and functionality, including
modern web design features, and allowing for data to be
searched, aggregated, and downloaded;
(2) providing greater consistency in presentation of
vehicle safety issues; and
(3) improving searchability about specific vehicles and
issues through standardization of commonly used search terms.
(b) Vehicle Recall Information.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall require that motor
vehicle safety recall information--
(A) is available to the public on the Internet;
(B) is searchable by vehicle make and model and vehicle
identification number;
(C) is in a format that preserves consumer privacy; and
(D) includes information about each recall that has not
been completed for each vehicle.
(2) Rulemaking.--The Secretary may initiate a rulemaking
proceeding to require each manufacturer to provide the
information described in paragraph (1), with respect to that
manufacturer's motor vehicles, at no cost on a publicly
accessible Internet website.
(3) Database awareness promotion activities.--The
Secretary, in consultation with the heads of other relevant
agencies, shall promote consumer awareness of the information
made available to the public pursuant to this subsection.

SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC
PERSONNEL.

The Secretary shall--
(1) establish a means by which mechanics, passenger motor
vehicle dealership personnel, and passenger motor vehicle
manufacturer personnel may directly and confidentially
contact the National Highway Traffic Safety Administration to
report potential passenger motor vehicle safety defects; and
(2) publicize the means for contacting the National Highway
Traffic Safety Administration in a manner that targets
mechanics, passenger motor vehicle dealership personnel, and
manufacturer personnel.

SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER
COMMUNICATIONS WITH DEALERS.

(a) Internet Accessibility.--Section 30166(f) of title 49,
United States Code, is amended--
(1) by striking ``A manufacturer shall give the Secretary
of Transportation'' and inserting the following:
``(1) In general.--A manufacturer shall give the Secretary
of Transportation, and make available on a publicly
accessible Internet website,''; and
(2) by adding at the end the following:
``(2) Notices.--Communications required to be submitted to
the Secretary and made available on a publicly accessible
Internet website under this subsection shall include all
notices to dealerships of software upgrades and modifications
recommended by a manufacturer for all previously sold
vehicles. Notice is required even if the software upgrade or
modification is not related to a safety defect or
noncompliance with a motor vehicle safety standard. The
notice shall include a plain language description of the
purpose of the update and that description shall be
prominently placed at the beginning of the notice.
``(3) Index.--Communications required to be submitted to
the Secretary under this subsection shall be accompanied by
an index to each communication, which--
``(A) identifies the make, model, and model year of the
affected vehicles;
``(B) includes a concise summary of the subject matter of
the communication; and
``(C) shall be made available by the Secretary to the
public on the Internet in a searchable format.''.

SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

Section 30166(m) of title 49, United States Code, is
amended in paragraph (4), by amending subparagraph (C) to
read as follows:
``(C) Disclosure.--
``(i) In general.--The information provided to the
Secretary pursuant to this subsection shall be disclosed
publicly unless exempt from disclosure under section 552(b)
of title 5.
``(ii) Presumption.--In administering this subparagraph,
the Secretary shall presume in favor of maximum public
availability of information.''.

SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION REPORTS.

(a) In General.--Section 30166 of title 49, United States
Code, is amended by adding at the end the following:
``(o) Corporate Responsibility for Reports.--
``(1) In general.--The Secretary shall require a senior
official responsible for safety in each company submitting
information to the Secretary in response to a request for
information in a safety defect or compliance investigation
under this chapter to certify that--
``(A) the signing official has reviewed the submission; and
``(B) based on the official's knowledge, the submission
does not--
``(i) contain any untrue statement of a material fact; or
``(ii) omit to state a material fact necessary in order to
make the statements made not misleading, in light of the
circumstances under which such statements were made.
``(2) Notice.--The certification requirements of this
section shall be clearly stated on any request for
information under paragraph (1).''.
(b) Civil Penalty.--Section 30165(a) of title 49, United
States Code, is amended--
(1) in paragraph (3), by striking ``A person'' and
inserting ``Except as provided in paragraph (4), a person'';
and
(2) by adding at the end the following:
``(4) False, misleading, or incomplete reports.--A person
who knowingly and willfully submits materially false,
misleading, or incomplete information to the Secretary, after
certifying the same information as accurate and complete
under the certification process established pursuant to
section 30166(o), shall be subject to a civil penalty of not
more than $5,000 per day. The maximum penalty under this
paragraph for a related series of daily violations is
$5,000,000.''.

SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.

(a) Definition.--Section 32301 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `crash avoidance' means preventing or mitigating a
crash;''; and
(3) in paragraph (2), as redesignated, by striking the
period at the end and inserting ``; and''.
(b) Information Included.--Section 32302(a) of title 49,
United States Code, is amended--
(1) in paragraph (2), by inserting ``, crash avoidance, and
any other areas the Secretary determines will improve the
safety of passenger motor vehicles'' after
``crashworthiness''; and
(2) by striking paragraph (4).

SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING.

Section 32302 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Motor Vehicle Defect Reporting Information.--
``(1) Rulemaking required.--Not later than 1 year after the
date of enactment of the Motor Vehicle and Highway Safety
Improvement Act of 2012, the Secretary shall prescribe
regulations that require passenger motor vehicle
manufacturers--
``(A) to affix, in the glove compartment or in another
readily accessible location on the vehicle, a sticker, decal,
or other device that provides, in simple and understandable
language, information about how to submit a safety-related
motor vehicle defect complaint to the National Highway
Traffic Safety Administration;
``(B) to prominently print the information described in
subparagraph (A) on a separate page within the owner's
manual; and
``(C) to not place such information on the label required
under section 3 of the Automobile Information Disclosure Act
(15 U.S.C. 1232).
``(2) Application.--The requirements under paragraph (1)
shall apply to passenger motor vehicles manufactured in any
model year beginning more than 1 year after the date on which
a final rule is published under paragraph (1).''.

SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE
MANUFACTURERS, PART SUPPLIERS, AND DEALERSHIP
EMPLOYEES.

(a) In General.--Subchapter IV of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  30171. Protection of employees providing motor
vehicle safety information

``(a) Discrimination Against Employees of Manufacturers,
Part Suppliers, and Dealerships.--No motor vehicle
manufacturer, part supplier, or dealership may discharge an
employee or otherwise discriminate against an employee with
respect to compensation, terms, conditions, or privileges of
employment because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or the Secretary of Transportation
information relating to any motor vehicle defect,
noncompliance, or any violation or alleged violation of any
notification or reporting requirement of this chapter;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any motor vehicle defect, noncompliance, or any violation or
alleged violation of any notification or reporting
requirement of this chapter;
``(3) testified or is about to testify in such a
proceeding;
``(4) assisted or participated or is about to assist or
participate in such a proceeding; or

[[Page S751]]

``(5) objected to, or refused to participate in, any
activity that the employee reasonably believed to be in
violation of any provision of any Act enforced by the
Secretary of Transportation, or any order, rule, regulation,
standard, or ban under any such Act.
``(b) Complaint Procedure.--
``(1) Filing and notification.--A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may, not
later than 180 days after the date on which such violation
occurs, file (or have any person file on his or her behalf) a
complaint with the Secretary of Labor (hereinafter in this
section referred to as the `Secretary') alleging such
discharge or discrimination. Upon receipt of such a
complaint, the Secretary shall notify, in writing, the person
named in the complaint of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities
that will be afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after the date of
receipt of a complaint filed under paragraph (1) and after
affording the person named in the complaint an opportunity to
submit to the Secretary a written response to the complaint
and an opportunity to meet with a representative of the
Secretary to present statements from witnesses, the Secretary
shall conduct an investigation and determine whether there is
reasonable cause to believe that the complaint has merit and
notify, in writing, the complainant and the person alleged to
have committed a violation of subsection (a) of the
Secretary's findings. If the Secretary concludes that there
is a reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary shall accompany
the Secretary's findings with a preliminary order providing
the relief prescribed by paragraph (3)(B). Not later than 30
days after the date of notification of findings under this
paragraph, either the person alleged to have committed the
violation or the complainant may file objections to the
findings or preliminary order, or both, and request a hearing
on the record. The filing of such objections shall not
operate to stay any reinstatement remedy contained in the
preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such 30-day
period, the preliminary order shall be deemed a final order
that is not subject to judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The Secretary shall
dismiss a complaint filed under this subsection and shall not
conduct an investigation otherwise required under
subparagraph (A) unless the complainant makes a prima facie
showing that any behavior described in paragraphs (1) through
(5) of subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
``(ii) Showing by employer.--Notwithstanding a finding by
the Secretary that the complainant has made the showing
required under clause (i), no investigation otherwise
required under subparagraph (A) shall be conducted if the
employer demonstrates, by clear and convincing evidence, that
the employer would have taken the same unfavorable personnel
action in the absence of that behavior.
``(iii) Criteria for determination by secretary.--The
Secretary may determine that a violation of subsection (a)
has occurred only if the complainant demonstrates that any
behavior described in paragraphs (1) through (5) of
subsection (a) was a contributing factor in the unfavorable
personnel action alleged in the complaint.
``(iv) Prohibition.--Relief may not be ordered under
subparagraph (A) if the employer demonstrates, by clear and
convincing evidence, that the employer would have taken the
same unfavorable personnel action in the absence of that
behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement agreements.--Not
later than 120 days after the date of conclusion of a hearing
under paragraph (2), the Secretary shall issue a final order
providing the relief prescribed by this paragraph or denying
the complaint. At any time before issuance of a final order,
a proceeding under this subsection may be terminated on the
basis of a settlement agreement entered into by the
Secretary, the complainant, and the person alleged to have
committed the violation.
``(B) Remedy.--If, in response to a complaint filed under
paragraph (1), the Secretary determines that a violation of
subsection (a) has occurred, the Secretary shall order the
person who committed such violation--
``(i) to take affirmative action to abate the violation;
``(ii) to reinstate the complainant to his or her former
position together with the compensation (including back pay)
and restore the terms, conditions, and privileges associated
with his or her employment; and
``(iii) to provide compensatory damages to the complainant.
``(C) Attorneys' fees.--If such an order is issued under
this paragraph, the Secretary, at the request of the
complainant, shall assess against the person against whom the
order is issued a sum equal to the aggregate amount of all
costs and expenses (including attorneys' and expert witness
fees) reasonably incurred, as determined by the Secretary, by
the complainant for, or in connection with, bringing the
complaint upon which the order was issued.
``(D) Frivolous complaints.--If the Secretary determines
that a complaint under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary may award to the
prevailing employer a reasonable attorney's fee not exceeding
$1,000.
``(E) De novo review.--With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a
final decision within 210 days after the filing of the
complaint and if the delay is not due to the bad faith of the
employee, the employee may bring an original action at law or
equity for de novo review in the appropriate district court
of the United States, which shall have jurisdiction over such
an action without regard to the amount in controversy, and
which action shall, at the request of either party to the
action, be tried by the court with a jury. The action shall
be governed by the same legal burdens of proof specified in
paragraph (2)(B) for review by the Secretary of Labor.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person adversely
affected or aggrieved by an order issued under paragraph (3)
may obtain review of the order in the United States Court of
Appeals for the circuit in which the violation, with respect
to which the order was issued, allegedly occurred or the
circuit in which the complainant resided on the date of such
violation. The petition for review shall be filed not later
than 60 days after the date of the issuance of the final
order of the Secretary. Review shall conform to chapter 7 of
title 5. The commencement of proceedings under this
subparagraph shall not, unless ordered by the court, operate
as a stay of the order.
``(B) Limitation on collateral attack.--An order of the
Secretary with respect to which review could have been
obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil proceeding.
``(5) Enforcement of order by secretary.--Whenever any
person fails to comply with an order issued under paragraph
(3), the Secretary may file a civil action in the United
States district court for the district in which the violation
was found to occur to enforce such order. In actions brought
under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief, including
injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose behalf an
order was issued under paragraph (3) may commence a civil
action against the person to whom such order was issued to
require compliance with such order. The appropriate United
States district court shall have jurisdiction, without regard
to the amount in controversy or the citizenship of the
parties, to enforce such order.
``(B) Attorney fees.--The court, in issuing any final order
under this paragraph, may award costs of litigation
(including reasonable attorney and expert witness fees) to
any party whenever the court determines such award is
appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed under
this section shall be enforceable in a mandamus proceeding
brought under section 1361 of title 28.
``(d) Nonapplicability To Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee of
a motor vehicle manufacturer, part supplier, or dealership
who, acting without direction from such motor vehicle
manufacturer, part supplier, or dealership (or such person's
agent), deliberately causes a violation of any requirement
relating to motor vehicle safety under this chapter.''.
(b) Conforming Amendment.--The table of sections for
chapter 301 of title 49, United States Code, is amended by
inserting after the item relating to section 30170 the
following:

``30171. Protection of employees providing motor vehicle safety
information.''.

SEC. 31309. ANTI-REVOLVING DOOR.

(a) Amendment.--Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  30107. Restriction on covered motor vehicle safety
officials

``(a) In General.--During the 2-year period after the
termination of his or her service or employment, a covered
vehicle safety official may not knowingly make, with the
intent to influence, any communication to or appearance
before any officer or employee of the National Highway
Traffic Safety Administration on behalf of any manufacturer
subject to regulation under this chapter in connection with
any matter involving motor vehicle safety on which such
person seeks official action by any officer or employee of
the National Highway Traffic Safety Administration.
``(b) Manufacturers.--It is unlawful for any manufacturer
or other person subject to regulation under this chapter to
employ or contract for the services of an individual to whom
subsection (a) applies during the 2-year period commencing on
the individual's termination of employment with the National
Highway Traffic Safety Administration in a capacity in which
the individual is prohibited from serving during that period.
``(c) Special Rule for Detailees.--For purposes of this
section, a person who is detailed from 1 department, agency,
or other

[[Page S752]]

entity to another department, agency, or other entity shall,
during the period such person is detailed, be deemed to be an
officer or employee of both departments, agencies, or such
entities.
``(d) Savings Provision.--Nothing in this section may be
construed to expand, contract, or otherwise affect the
application of any waiver or criminal penalties under section
207 of title 18.
``(e) Exception for Testimony.--Nothing in this section may
be construed to prevent an individual from giving testimony
under oath, or from making statements required to be made
under penalty of perjury.
``(f) Defined Term.--In this section, the term `covered
vehicle safety official' means any officer or employee of the
National Highway Traffic Safety Administration--
``(1) who, during the final 12 months of his or her service
or employment with the agency, serves or served in a
technical or legal capacity, and whose job responsibilities
include or included vehicle safety defect investigation,
vehicle safety compliance, vehicle safety rulemaking, or
vehicle safety research; and
``(2) who serves in a supervisory or management capacity
over an officer or employee described in paragraph (1).
``(g) Effective Date.--This section shall apply to covered
vehicle safety officials who terminate service or employment
with the National Highway Traffic Safety Administration after
the date of enactment of the Motor Vehicle and Highway Safety
Improvement Act of 2012.''.
(b) Civil Penalty.--Section 30165(a) of title 49, United
States Code, as amended by this subtitle, is further amended
by adding at the end the following:
``(5) Improper influence.--An individual who violates
section 30107(a) is liable to the United States Government
for a civil penalty, as determined under section 216(b) of
title 18, for an offense under section 207 of that title. A
manufacturer or other person subject to regulation under this
chapter who violates section 30107(b) is liable to the United
States Government for a civil penalty equal to the sum of--
``(A) an amount equal to not less than $100,000; and
``(B) an amount equal to 90 percent of the annual
compensation or fee paid or payable to the individual with
respect to whom the violation occurred.''.
(c) Study of Department of Transportation Policies on
Official Communication With Former Motor Vehicle Safety Issue
Employees.--Not later than 1 year after the date of enactment
of this Act, the Inspector General of the Department of
Transportation shall--
(1) review the Department of Transportation's policies and
procedures applicable to official communication with former
employees concerning motor vehicle safety compliance matters
for which they had responsibility during the last 12 months
of their tenure at the Department, including any limitations
on the ability of such employees to submit comments, or
otherwise communicate directly with the Department, on motor
vehicle safety issues; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that contains
the Inspector General's findings, conclusions, and
recommendations for strengthening those policies and
procedures to minimize the risk of undue influence without
compromising the ability of the Department to employ and
retain highly qualified individuals for such
responsibilities.
(d) Post-Employment Policy Study.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a study of the Department's
policies relating to post-employment restrictions on
employees who perform functions related to transportation
safety.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General shall submit a
report containing the results of the study conducted under
paragraph (1) to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) the Secretary of Transportation.
(3) Use of results.--The Secretary of Transportation shall
review the results of the study conducted under paragraph (1)
and take whatever action the Secretary determines to be
appropriate.
(e) Conforming Amendment.--The table of contents for
chapter 301 of title 49, United States Code, is amended by
inserting after the item relating to section 30106 the
following:

``30107. Restriction on covered motor vehicle safety officials.''.

SEC. 31310. STUDY OF CRASH DATA COLLECTION.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate the Committee on Energy and Commerce of the House of
Representatives regarding the quality of data collected
through the National Automotive Sampling System, including
the Special Crash Investigations Program.
(b) Review.--The Administrator of the National Highway
Traffic Safety Administration (referred to in this section as
the ``Administration'') shall conduct a comprehensive review
of the data elements collected from each crash to determine
if additional data should be collected. The review under this
subsection shall include input from interested parties,
including suppliers, automakers, safety advocates, the
medical community, and research organizations.
(c) Contents.--The report issued under this section shall
include--
(1) the analysis and conclusions the Administration can
reach from the amount of motor vehicle crash data collected
in a given year;
(2) the additional analysis and conclusions the
Administration could reach if more crash investigations were
conducted each year;
(3) the number of investigations per year that would allow
for optimal data analysis and crash information;
(4) the results of the comprehensive review conducted
pursuant to subsection (b);
(5) recommendations for improvements to the
Administration's data collection program; and
(6) the resources needed by the Administration to implement
such recommendations.

SEC. 31311. UPDATE OF MEANS OF PROVIDING NOTIFICATION;
IMPROVING EFFICACY OF RECALLS.

(a) Update of Means of Providing Notification.--Section
30119(d) of title 49, United States Code, is amended--
(1) by striking, in paragraph (1), ``by first class mail''
and inserting ``in the manner prescribed by the Secretary, by
regulation'';
(2) in paragraph (2)--
(A) by striking ``(except a tire) shall be sent by first
class mail'' and inserting ``shall be sent in the manner
prescribed by the Secretary, by regulation,''; and
(B) by striking the second sentence;
(3) in paragraph (3)--
(A) by striking the first sentence;
(B) by inserting ``to the notification required under
paragraphs (1) and (2)'' after ``addition''; and
(C) by inserting ``by the manufacturer'' after ``given'';
and
(4) in paragraph (4), by striking ``by certified mail or
quicker means if available'' and inserting ``in the manner
prescribed by the Secretary, by regulation''.
(b) Improving Efficacy of Recalls.--Section 30119(e) of
title 49, United States Code, is amended--
(1) in the subsection heading, by striking ``Second'' and
inserting ``Additional'';
(2) by striking ``If the Secretary'' and inserting the
following:
``(1) Second notification.--If the Secretary''; and
(3) by adding at the end the following:
``(2) Additional notifications.--If the Secretary
determines, after considering the severity of the defect or
noncompliance, that the second notification by a manufacturer
does not result in an adequate number of motor vehicles or
items of replacement equipment being returned for remedy, the
Secretary may order the manufacturer--
``(A) to send additional notifications in the manner
prescribed by the Secretary, by regulation;
``(B) to take additional steps to locate and notify each
person registered under State law as the owner or lessee or
the most recent purchaser or lessee, as appropriate; and
``(C) to emphasize the magnitude of the safety risk caused
by the defect or noncompliance in such notification.''.

SEC. 31312. EXPANDING CHOICES OF REMEDY AVAILABLE TO
MANUFACTURERS OF REPLACEMENT EQUIPMENT.

Section 30120 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by amending subparagraph (B) to
read as follows:
``(B) if replacement equipment, by repairing the equipment,
replacing the equipment with identical or reasonably
equivalent equipment, or by refunding the purchase price.'';
(2) in the heading of subsection (i), by adding ``of New
Vehicles or Equipment'' at the end; and
(3) in the heading of subsection (j), by striking
``Replaced'' and inserting ``Replacement''.

SEC. 31313. RECALL OBLIGATIONS AND BANKRUPTCY OF
MANUFACTURER.

(a) In General.--Chapter 301 of title 49, United States
Code, is amended by inserting the following after section
30120:

``Sec.  30120A. Recall obligations and bankruptcy of a
manufacturer

``A manufacturer's filing of a petition in bankruptcy under
chapter 11 of title 11, does not negate the manufacturer's
duty to comply with section 30112 or sections 30115 through
30120 of this title. In any bankruptcy proceeding, the
manufacturer's obligations under such sections shall be
treated as a claim of the United States Government against
such manufacturer, subject to subchapter II of chapter 37 of
title 31, United States Code, and given priority, pursuant to
section 3710 of such chapter, to ensure that consumers are
adequately protected from any safety defect or noncompliance
determined to exist in the manufacturer's products. This
section shall apply equally to actions of a manufacturer
taken before or after the filing of a petition in
bankruptcy.''.
(b) Conforming Amendment.--The chapter analysis of chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30120 the following:

``30120a. Recall obligations and bankruptcy of a manufacturer.''.

[[Page S753]]

SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFORMATION
PROVISION.

Chapter 331 of title 49, United States Code, is amended--
(1) in the chapter analysis, by striking the item relating
to section 33112; and
(2) by striking section 33112.

SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY
RATING CATEGORIES.

Section 3(g)(2) of the Automobile Information Disclosure
Act (15 U.S.C. 1232(g)(2)), is amended by inserting ``safety
rating categories that may include'' after ``refers to''.

Subtitle D--Vehicle Electronics and Safety Standards

SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
ELECTRONICS, SOFTWARE, AND ENGINEERING
EXPERTISE.

(a) Council for Vehicle Electronics, Vehicle Software, and
Emerging Technologies.--
(1) In general.--The Secretary shall establish, within the
National Highway Traffic Safety Administration, a Council for
Vehicle Electronics, Vehicle Software, and Emerging
Technologies (referred to in this section as the ``Council'')
to build, integrate, and aggregate the Administration's
expertise in passenger motor vehicle electronics and other
new and emerging technologies.
(2) Implementation of roadmap.--The Council shall research
the inclusion of emerging lightweight plastic and composite
technologies in motor vehicles to increase fuel efficiency,
lower emissions, meet fuel economy standards, and enhance
passenger motor vehicle safety through continued utilization
of the Administration's Plastic and Composite Intensive
Vehicle Safety Roadmap (Report No. DOT HS 810 863).
(3) Intra-agency coordination.--The Council shall
coordinate with all components of the Administration
responsible for vehicle safety, including research and
development, rulemaking, and defects investigation.
(b) Honors Recruitment Program.--
(1) Establishment.--The Secretary shall establish, within
the National Highway Traffic Safety Administration, an honors
program for engineering students, computer science students,
and other students interested in vehicle safety that will
enable such students to train with engineers and other safety
officials for a career in vehicle safety.
(2) Stipend.--The Secretary is authorized to provide a
stipend to students during their participation in the program
established pursuant to paragraph (1).
(c) Assessment.--The Council, in consultation with affected
stakeholders, shall assess the implications of emerging
safety technologies in passenger motor vehicles, including
the effect of such technologies on consumers, product
availability, and cost.

SEC. 31402. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE
STANDARD.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall prescribe a Federal motor vehicle
safety standard that--
(1) mitigates unintended acceleration in passenger motor
vehicles;
(2) establishes performance requirements, based on the
speed, size, and weight of the vehicle, that enable a driver
to bring a passenger motor vehicle safely to a full stop by
normal braking application even if the vehicle is
simultaneously receiving accelerator input signals, including
a full-throttle input signal;
(3) may permit compliance through a system that requires
brake pedal application, after a period of time determined by
the Secretary, to override an accelerator pedal input signal
in order to stop the vehicle;
(4) requires that redundant circuits or other mechanisms be
built into accelerator control systems, including systems
controlled by electronic throttle, to maintain vehicle
control in the event of failure of the primary circuit or
mechanism; and
(5) may permit vehicles to incorporate a means to
temporarily disengage the function required under paragraph
(2) to facilitate operations, such as maneuvering trailers or
climbing steep hills, which may require the simultaneous
operation of brake and accelerator.

SEC. 31403. PEDAL PLACEMENT STANDARD.

(a) In General.--The Secretary shall initiate a rulemaking
proceeding to consider a Federal motor vehicle safety
standard that would mitigate potential obstruction of pedal
movement in passenger motor vehicles, after taking into
account--
(1) various pedal mounting configurations; and
(2) minimum clearances for passenger motor vehicle foot
pedals with respect to other pedals, the vehicle floor
(including aftermarket floor coverings), and any other
potential obstructions to pedal movement that the Secretary
determines to be relevant.
(b) Deadline.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule to implement the
safety standard described in subsection (a) not later than 3
years after the date of enactment of this Act.
(2) Report.--If the Secretary determines that a pedal
placement standard does not meet the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code, the Secretary
shall submit a report describing the reasons for not
prescribing such standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(c) Combined Rulemaking.--The Secretary may combine the
rulemaking proceeding required under subsection (a) with the
rulemaking proceeding required under section 31402.

SEC. 31404. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking proceeding to consider prescribing or amending a
Federal motor vehicle safety standard that--
(1) requires electronic systems in passenger motor vehicles
to meet minimum performance requirements; and
(2) may include requirements for--
(A) electronic components;
(B) the interaction of electronic components;
(C) security needs for those electronic systems to prevent
unauthorized access; or
(D) the effect of surrounding environments on those
electronic systems.
(b) Deadline.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule to implement the
safety standard described in subsection (a) not later than 4
years after the date of enactment of this Act.
(2) Report.--If the Secretary determines that such a
standard does not meet the requirements and considerations
set forth in subsections (a) and (b) of section 30111 of
title 49, United States Code, the Secretary shall submit a
report describing the reasons for not prescribing such
standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(c) National Academy of Sciences.--In conducting the
rulemaking under subsection (a), the Secretary shall consider
the findings and recommendations of the National Academy of
Sciences, if any, pursuant to its study of electronic vehicle
controls.

SEC. 31405. PUSHBUTTON IGNITION SYSTEMS STANDARD.

(a) Pushbutton Ignition Standard.--
(1) In general.--The Secretary shall initiate a rulemaking
proceeding to consider a Federal motor vehicle safety
standard for passenger motor vehicles with pushbutton
ignition systems that establishes a standardized operation of
such systems when used by drivers, including drivers who may
be unfamiliar with such systems, in an emergency situation
when the vehicle is in motion.
(2) Other ignition systems.--In the rulemaking proceeding
initiated under paragraph (1), the Secretary may include any
other ignition-starting mechanism that the Secretary
determines should be considered.
(b) Pushbutton Ignition System Defined.--The term
``pushbutton ignition system'' means a mechanism, such as the
push of a button, for starting a passenger motor vehicle that
does not involve the physical insertion and turning of a
tangible key.
(c) Deadline.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule to implement the
standard described in subsection (a) not later than 2 years
after the date of enactment of this Act.
(2) Report.--If the Secretary determines that a standard
does not meet the requirements and considerations set forth
in subsections (a) and (b) of section 30111 of title 49,
United States Code, the Secretary shall submit a report
describing the reasons for not prescribing such standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 31406. VEHICLE EVENT DATA RECORDERS.

(a) Mandatory Event Data Recorders.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise part 563 of
title 49, Code of Federal Regulations, to require, beginning
with model year 2015, that new passenger motor vehicles sold
in the United States be equipped with an event data recorder
that meets the requirements under that part.
(2) Penalty.--The violation of any provision under part 563
of title 49, Code of Federal Regulations--
(A) shall be deemed to be a violation of section 30112 of
title 49, United States Code;
(B) shall be subject to civil penalties under section
30165(a) of that title; and
(C) shall not subject a manufacturer (as defined in section
30102(a)(5) of that title) to the requirements under section
30120 of that title.
(b) Limitations on Information Retrieval.--
(1) Ownership of data.--Any data in an event data recorder
required under part 563 of title 49, Code of Federal
Regulations, regardless of when the passenger motor vehicle
in which it is installed was manufactured, is the property of
the owner, or in the case of a leased vehicle, the lessee of
the passenger motor vehicle in which the data recorder is
installed.
(2) Privacy.--Data recorded or transmitted by such a data
recorder may not be retrieved by a person other than the
owner or lessee of the motor vehicle in which the recorder is
installed unless--

[[Page S754]]

(A) a court authorizes retrieval of the information in
furtherance of a legal proceeding;
(B) the owner or lessee consents to the retrieval of the
information for any purpose, including the purpose of
diagnosing, servicing, or repairing the motor vehicle;
(C) the information is retrieved pursuant to an
investigation or inspection authorized under section 1131(a)
or 30166 of title 49, United States Code, and the personally
identifiable information of the owner, lessee, or driver of
the vehicle and the vehicle identification number is not
disclosed in connection with the retrieved information; or
(D) the information is retrieved for the purpose of
determining the need for, or facilitating, emergency medical
response in response to a motor vehicle crash.
(c) Report to Congress.--Two years after the date of
implementation of subsection (a), the Secretary shall study
the safety impact and the impact on individual privacy of
event data recorders in passenger motor vehicles and report
its findings to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives. The report shall
include--
(1) the safety benefits gained from installation of event
data recorders;
(2) the recommendations on what, if any, additional data
the event data recorder should be modified to record;
(3) the additional safety benefit such information would
yield;
(4) the estimated cost to manufacturers to implement the
new enhancements;
(5) an analysis of how the information proposed to be
recorded by an event data recorder conforms to applicable
legal, regulatory, and policy requirements regarding privacy;
(6) a determination of the risks and effects of collecting
and maintaining the information proposed to be recorded by an
event data recorder;
(7) an examination and evaluation of the protections and
alternative processes for handling information recorded by an
event data recorder to mitigate potential privacy risks.
(d) Revised Requirements for Event Data Recorders.--Based
on the findings of the study under subsection (c), the
Secretary shall initiate a rulemaking proceeding to revise
part 563 of title 49, Code of Federal Regulations. The rule--
(1) shall require event data recorders to capture and store
data related to motor vehicle safety covering a reasonable
time period before, during, and after a motor vehicle crash
or airbag deployment, including a rollover;
(2) shall require that data stored on such event data
recorders be accessible, regardless of vehicle manufacturer
or model, with commercially available equipment in a
specified data format;
(3) shall establish requirements for preventing
unauthorized access to the data stored on an event data
recorder in order to protect the security, integrity, and
authenticity of the data; and
(4) may require an interoperable data access port to
facilitate universal accessibility and analysis.
(e) Disclosure of Existence and Purpose of Event Data
Recorder.--The rule issued under subsection (d) shall require
that any owner's manual or similar documentation provided to
the first purchaser of a passenger motor vehicle for purposes
other than resale--
(1) disclose that the vehicle is equipped with such a data
recorder; and
(2) explain the purpose of the data recorder.
(f) Access to Event Data Recorders in Agency
Investigations.--Section 30166(c)(3)(C) of title 49, United
States Code, is amended by inserting ``, including any
electronic data contained within the vehicle's diagnostic
system or event data recorder'' after ``equipment.''
(g) Deadline for Rulemaking.--The Secretary shall issue a
final rule under subsection (d) not later than 4 years after
the date of enactment of this Act.

SEC. 31407. PROHIBITION ON ELECTRONIC VISUAL ENTERTAINMENT IN
DRIVER'S VIEW.

(a) Visual Entertainment Screens in Driver's View.--Not
later than 2 years after the date of enactment of this Act,
the Secretary of Transportation shall issue a final rule that
prescribes a Federal motor vehicle safety standard
prohibiting electronic screens from displaying broadcast
television, movies, video games, and other forms of similar
visual entertainment that is visible to the driver while
driving.
(b) Exceptions.--The standard prescribed under subsection
(a) shall allow electronic screens that display information
or images regarding operation of the vehicle, vehicle
surroundings, and telematic functions, such as the vehicles
navigation and communications system, weather, time, or the
vehicle's audio system.

Subtitle E--Child Safety Standards

SEC. 31501. CHILD SAFETY SEATS.

(a) Protection for Larger Children.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue a final rule amending Federal Motor Vehicle Safety
Standard Number 213 to establish frontal crash protection
requirements for child restraint systems for children
weighing more than 65 pounds.
(b) Side Impact Crashes.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall issue a
final rule amending Federal Motor Vehicle Safety Standard
Number 213 to improve the protection of children seated in
child restraint systems during side impact crashes.
(c) Frontal Impact Test Parameters.--
(1) Commencement.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall commence a
rulemaking proceeding to amend test parameters under Federal
Motor Vehicle Safety Standard Number 213 to better replicate
real world conditions.
(2) Final rule.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall issue a final rule
pursuant to paragraph (1).

SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS.

(a) Initiation of Rulemaking Proceeding.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall initiate a rulemaking proceeding to--
(1) amend Federal Motor Vehicle Safety Standard Number 225
(relating to child restraint anchorage systems) to improve
the visibility of, accessibility to, and ease of use for
lower anchorages and tethers in all rear seat seating
positions if such anchorages and tethers are feasible; and
(2) amend Federal Motor Vehicle Safety Standard Number 213
(relating to child restraint systems) or Federal Motor
Vehicle Safety Standard Number 225 (relating to child
restraint anchorage systems)--
(A) to establish a maximum allowable weight of the child
and child restraint for standardizing the recommended use of
child restraint anchorage systems in all vehicles; and
(B) to provide the information described in subparagraph
(A) to the consumer.
(b) Final Rule.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule under subsection (a)
not later than 3 years after the date of enactment of this
Act.
(2) Report.--If the Secretary determines that an amendment
to the standard referred to in subsection (a) does not meet
the requirements and considerations set forth in subsections
(a) and (b) of section 30111 of title 49, United States Code,
the Secretary shall submit a report describing the reasons
for not prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 31503. REAR SEAT BELT REMINDERS.

(a) Initiation of Rulemaking Proceeding.--Not later than 2
years after the date of enactment of this Act, the Secretary
shall initiate a rulemaking proceeding to amend Federal Motor
Vehicle Safety Standard Number 208 (relating to occupant
crash protection) to provide a safety belt use warning system
for designated seating positions in the rear seat.
(b) Final Rule.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule under subsection (a)
not later than 3 years after the date of enactment of this
Act.
(2) Report.--If the Secretary determines that an amendment
to the standard referred to in subsection (a) does not meet
the requirements and considerations set forth in subsections
(a) and (b) of section 30111 of title 49, United States Code,
the Secretary shall submit a report describing the reasons
for not prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 31504. UNATTENDED PASSENGER REMINDERS.

(a) Safety Research Initiative.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
complete research into the development of performance
requirements to warn drivers that a child or other unattended
passenger remains in a rear seating position after the
vehicle motor is disengaged.
(b) Specifications.--In carrying out subsection (a), the
Secretary shall consider performance requirements that--
(1) sense weight, the presence of a buckled seat belt, or
other indications of the presence of a child or other
passenger; and
(2) provide an alert to prevent hyperthermia and
hypothermia that can result in death or severe injuries.
(c) Rulemaking or Report.--
(1) Rulemaking.--Not later than 1 year after the completion
of each research and testing initiative required under
subsection (a), the Secretary shall initiate a rulemaking
proceeding to issue a Federal motor vehicle safety standard
if the Secretary determines that such a standard meets the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(2) Report.--If the Secretary determines that the standard
described in subsection (a) does not meet the requirements
and considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code, the Secretary
shall submit a report describing the reasons for not
prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

[[Page S755]]

SEC. 31505. NEW DEADLINE.

If the Secretary determines that any deadline for issuing a
final rule under this Act cannot be met, the Secretary
shall--
(1) provide the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives with an explanation
for why such deadline cannot be met; and
(2) establish a new deadline for that rule.

Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural
Equipment

SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICULTURAL
EQUIPMENT.

(a) Definitions.--In this section:
(1) Agricultural equipment.--The term ``agricultural
equipment'' has the meaning given the term ``agricultural
field equipment'' in ASABE Standard 390.4, entitled
``Definitions and Classifications of Agricultural Field
Equipment'', which was published in January 2005 by the
American Society of Agriculture and Biological Engineers, or
any successor standard.
(2) Public road.--The term ``public road'' has the meaning
given the term in section 101(a)(27) of title 23, United
States Code.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, after
consultation with representatives of the American Society of
Agricultural and Biological Engineers and appropriate Federal
agencies, and with other appropriate persons, shall
promulgate a rule to improve the daytime and nighttime
visibility of agricultural equipment that may be operated on
a public road.
(2) Minimum standards.--The rule promulgated pursuant to
this subsection shall--
(A) establish minimum lighting and marking standards for
applicable agricultural equipment manufactured at least 1
year after the date on which such rule is promulgated; and
(B) provide for the methods, materials, specifications, and
equipment to be employed to comply with such standards, which
shall be equivalent to ASABE Standard 279.14, entitled
``Lighting and Marking of Agricultural Equipment on
Highways'', which was published in July 2008 by the American
Society of Agricultural and Biological Engineers, or any
successor standard.
(c) Review.--Not less frequently than once every 5 years,
the Secretary of Transportation shall--
(1) review the standards established pursuant to subsection
(b); and
(2) revise such standards to reflect the revision of ASABE
Standard 279 that is in effect at the time of such review.
(d) Limitations.--
(1) Compliance with successor standards.--Any rule
promulgated pursuant to this section may not prohibit the
operation on public roads of agricultural equipment that is
equipped in accordance with any adopted revision of ASABE
Standard 279 that is later than the revision of such standard
that was referenced during the promulgation of the rule.
(2) No retrofitting required.--Any rule promulgated
pursuant to this section may not require the retrofitting of
agricultural equipment that was manufactured before the date
on which the lighting and marking standards are enforceable
under subsection (b)(2)(A).
(3) No effect on additional materials and equipment.--Any
rule promulgated pursuant to this section may not 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 in the
standard upon which such rule is based.

TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

SEC. 32001. SHORT TITLE.

This title may be cited as the ``Commercial Motor Vehicle
Safety Enhancement Act of 2012''.

SEC. 32002. DEFINITION.

In this title, the term ``Secretary'' means the Secretary
of Transportation.

SEC. 32003. REFERENCES 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--Commercial Motor Vehicle Registration

SEC. 32101. REGISTRATION OF MOTOR CARRIERS.

(a) Registration Requirements.--Section 13902(a)(1) is
amended to read as follows:
``(1) In general.--Except as otherwise provided in this
section, the Secretary of Transportation may not register a
person to provide transportation subject to jurisdiction
under subchapter I of chapter 135 as a motor carrier unless
the Secretary determines 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 successor regulations), for
transportation provided by an over-the-road bus; and
``(vi) the minimum financial responsibility requirements
established by the Secretary under sections 13906, 31138, and
31139;
``(B) has submitted a comprehensive management plan
documenting that the person has management systems in place
to ensure compliance with safety regulations imposed by the
Secretary;
``(C) has disclosed any relationship involving common
ownership, common management, common control, or a common
familial relationship between that person and any other motor
carrier, freight forwarder, or broker, or any other applicant
for motor carrier, freight forwarder, or broker registration,
or a successor (as that term is defined under section 31153),
if the relationship occurred in the 5-year period preceding
the date of the filing of the application for registration;
and
``(D) after the Secretary establishes a written proficiency
examination pursuant to section 32101(b) of the Commercial
Motor Vehicle Safety Enhancement Act of 2012, has passed the
written proficiency examination.''.
(b) Written Proficiency Examination.--
(1) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall establish a
written proficiency examination for applicant motor carriers
pursuant to section 13902(a)(1)(D) of title 49, United States
Code. The written proficiency examination shall test a
person's knowledge of applicable safety regulations,
standards, and orders of the Federal Government and State
government.
(2) Additional fee.--The Secretary may assess a fee to
cover the expenses incurred by the Department of
Transportation in--
(A) developing and administering the written proficiency
examination; and
(B) reviewing the comprehensive management plan required
under section 13902(a)(1)(B) of title 49, United States Code.
(c) Conforming Amendment.--Section 210(b) of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note)
is amended--
(1) by inserting ``, commercial regulations, and provisions
of subpart H of part 37 of title 49, Code of Federal
Regulations, or successor regulations'' after ``applicable
safety regulations''; and
(2) by striking ``consider the establishment of'' and
inserting ``establish''.

SEC. 32102. SAFETY FITNESS OF NEW OPERATORS.

(a) Safety Reviews of New Operators.--Section 31144(g)(1)
is amended to read as follows:
``(1) Safety review.--
``(A) In general.--The Secretary shall require, by
regulation, each owner and each operator granted new
registration under section 13902 or 31134 to undergo a safety
review not later than 12 months after the owner or operator,
as the case may be, begins operations under such
registration.
``(B) Providers of motorcoach services.--The Secretary may
register a person to provide motorcoach services under
section 13902 or 31134 after the person undergoes a pre-
authorization safety audit, including verification, in a
manner sufficient to demonstrate the ability to comply with
Federal rules and regulations, as described in section 13902.
The Secretary shall continue to monitor the safety
performance of each owner and each operator subject to this
section for 12 months after the owner or operator is granted
registration under section 13902 or 31134. The registration
of each owner and each operator subject to this section shall
become permanent after the motorcoach service provider is
granted registration following a pre-authorization safety
audit and the expiration of the 12 month monitoring period.
``(C) Pre-authorization safety audit.--The Secretary may
require, by regulation, that the pre-authorization safety
audit under subparagraph (B) be completed on-site not later
than 90 days after the submission of an application for
operating authority.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect 1 year after the date of enactment of this
Act.

SEC. 32103. REINCARNATED CARRIERS.

(a) Effective Periods of Registration.--
(1) Suspensions, amendments, and revocations.--Section
13905(d) is amended--
(A) by redesignating paragraph (2) as paragraph (4);
(B) by striking paragraph (1) and inserting the following:
``(1) Applications.--On application of the registrant, the
Secretary may 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) 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 successor
regulations), for transportation provided by an over-the-road
bus; or
``(iii) a condition of its registration;

[[Page S756]]

``(B) withhold, suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or freight forwarder
for failure--
``(i) to pay a civil penalty imposed under chapter 5, 51,
149, or 311;
``(ii) to arrange and abide by an acceptable payment plan
for such civil penalty, not later than 90 days after the date
specified by order of the Secretary for the payment of such
penalty; or
``(iii) for failure to obey a subpoena issued by the
Secretary;
``(C) withhold, suspend, amend, or revoke any part of a
registration of a motor carrier, broker, or freight forwarder
following a determination by the Secretary that the motor
carrier, broker, or freight forwarder 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; or
``(D) withhold, suspend, amend, or revoke any part of a
registration of a motor carrier, broker, or freight forwarder
if the Secretary finds that--
``(i) the motor carrier, broker, or freight forwarder is or
was related through common ownership, common management,
common control, or a common familial relationship to any
other motor carrier, broker, or freight forwarder, or any
other applicant for motor carrier, broker, or freight
forwarder registration that the Secretary determines is or
was unwilling or unable to comply with the relevant
requirements listed in section 13902, 13903, or 13904; or
``(ii) the person is the successor, as defined in section
31153, to a person who is or was unwilling or unable to
comply with the relevant requirements of section 13902,
13903, or 13904.
``(3) Limitation.--Paragraph (2)(B) shall not apply to a
person who is unable to pay a civil penalty because the
person is a debtor in a case under chapter 11 of title 11.'';
and
(C) in paragraph (4), as redesignated by section
32103(a)(1)(A) of this Act, by striking ``paragraph (1)(B)''
and inserting ``paragraph (2)(B)''.
(2) Procedure.--Section 13905(e) is amended by inserting
``or if the Secretary determines that the registrant failed
to disclose a material fact in an application for
registration in accordance with subsection (d)(2)(C),'' after
``registrant,''.
(b) 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 person or employer is or was
related, through common ownership, common management, common
control, or a common familial relationship, to any other
person, employer, or any other applicant for registration
under section 13902 or 31134.''.

SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS.

(a) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall--
(1) issue a report on the appropriateness of--
(A) the current minimum financial responsibility
requirements under sections 31138 and 31139 of title 49,
United States Code; and
(B) the current bond and insurance requirements under
section 13904(d) of title 49, United States Code; and
(2) submit the report issued under paragraph (1) to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
(b) Rulemaking.--Not later than 6 months after the
publication of the report under subsection (a), the Secretary
shall initiate a rulemaking--
(1) to revise the minimum financial responsibility
requirements under sections 31138 and 31139 of title 49,
United States Code; and
(2) to revise the bond and insurance requirements under
section 13904(d) of such title, as appropriate, based on the
findings of the report submitted under subsection (a).
(c) Deadline.--Not later than 1 year after the start of the
rulemaking under subsection (b), the Secretary shall--
(1) issue a final rule; or
(2) if the Secretary determines that a rulemaking is not
required following the Secretary's analysis, submit a report
stating the reason for not increasing the minimum financial
responsibility requirements to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.
(d) Biennial Reviews.--Not less than once every 2 years,
the Secretary shall review the requirements prescribed under
subsection (b) and revise the requirements, as appropriate.

SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT.

(a) In General.--Chapter 311 is amended by inserting after
section 31133 the following:

``Sec.  31134. Requirement for registration and USDOT number

``(a) In General.--Upon application, and subject to
subsections (b) and (c), the Secretary shall register an
employer or person subject to the safety jurisdiction of this
subchapter. An employer or person may operate a commercial
motor vehicle in interstate commerce only if the employer or
person is registered by the Secretary under this section and
receives a USDOT number. Nothing in this section shall
preclude registration by the Secretary of an employer or
person not engaged in interstate commerce. An employer or
person subject to jurisdiction under subchapter I of chapter
135 of this title shall apply for commercial registration
under section 13902 of this title.
``(b) Withholding Registration.--The Secretary may withhold
registration under subsection (a), after notice and an
opportunity for a proceeding, if the Secretary determines
that--
``(1) the employer or person seeking registration is
unwilling or unable to comply with the requirements of this
subchapter and the regulations prescribed thereunder and
chapter 51 and the regulations prescribed thereunder;
``(2) the employer or person is or was related through
common ownership, common management, common control, or a
common familial relationship to any other person or applicant
for registration subject to this subchapter who is or was
unfit, unwilling, or unable to comply with the requirements
listed in subsection (b)(1); or
``(3) the person is the successor, as defined in section
31153, to a person who is or was unfit, unwilling, or unable
to comply with the requirements listed in subsection (b)(1).
``(c) Revocation or Suspension of Registration.--The
Secretary shall revoke the registration of an employer or
person under subsection (a) after notice and an opportunity
for a proceeding, or suspend the registration after giving
notice of the suspension to the employer or person, if the
Secretary determines that--
``(1) the employer's or person's authority to operate
pursuant to chapter 139 of this title would be subject to
revocation or suspension under sections 13905(d)(1) or
13905(f) of this title;
``(2) the employer or person is or was related through
common ownership, common management, common control, or a
common familial relationship to any other person or applicant
for registration subject to this subchapter that the
Secretary determines is or was unfit, unwilling, or unable to
comply with the requirements listed in subsection (b)(1);
``(3) the person is the successor, as defined in section
31153, to a person the Secretary determines is or was unfit,
unwilling, or unable to comply with the requirements listed
in subsection (b)(1); or
``(4) the employer or person failed or refused to submit to
the safety review required by section 31144(g) of this title.
``(d) Periodic Registration Update.--The Secretary may
require an employer to update a registration under this
section periodically or not later than 30 days after a change
in the employer's address, other contact information,
officers, process agent, or other essential information, as
determined by the Secretary.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31133
the following:

``31134. Requirement for registration and USDOT number.''.

SEC. 32106. REGISTRATION FEE SYSTEM.

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

SEC. 32107. REGISTRATION UPDATE.

(a) Periodic Motor Carrier Update.--Section 13902 is
amended by adding at the end the following:
``(h) Update of Registration.--The Secretary may require a
registrant to update its registration under this section
periodically or not later than 30 days after a change in the
registrant's address, other contact information, officers,
process agent, or other essential information, as determined
by the Secretary.''.
(b) Periodic Freight Forwarder Update.--Section 13903 is
amended by adding at the end the following:
``(c) Update of Registration.--The Secretary may require a
freight forwarder to update its registration under this
section periodically or not later than 30 days after a change
in the freight forwarder's address, other contact
information, officers, process agent, or other essential
information, as determined by the Secretary.''.
(c) Periodic Broker Update.--Section 13904 is amended by
adding at the end the following:
``(e) Update of Registration.--The Secretary may require a
broker to update its registration under this section
periodically or not later than 30 days after a change in the
broker's address, other contact information, officers,
process agent, or other essential information, as determined
by the Secretary.''.

SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT
REGISTRATION.

(a) Penalties.--Section 14901(a) is amended--
(1) by striking ``$500'' and inserting ``$1,000'';
(2) by striking ``who is not registered under this part to
provide transportation of passengers,'';
(3) by striking ``with respect to providing transportation
of passengers,'' and inserting ``or section 13902(c) of this
title,''; and
(4) by striking ``$2,000 for each violation and each
additional day the violation continues'' and inserting
``$10,000 for each violation, or $25,000 for each violation
relating to providing transportation of passengers''.

[[Page S757]]

(b) Transportation of Hazardous Wastes.--Section 14901(b)
is amended by striking ``not to exceed $20,000'' and
inserting ``not less than $25,000''.

SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD.

Section 13905(f)(2) is amended to read as follows:
``(2) Imminent hazard to public health.--Notwithstanding
subchapter II of chapter 5 of title 5, the Secretary shall
revoke the registration of a motor carrier if the Secretary
finds that the carrier is or was conducting unsafe operations
that are or were an imminent hazard to public health or
property.''.

SEC. 32110. REVOCATION OF REGISTRATION AND OTHER PENALTIES
FOR FAILURE TO RESPOND TO SUBPOENA.

Section 525 is amended--
(1) by striking ``subpenas'' in the section heading and
inserting ``subpoenas'';
(2) by striking ``subpena'' and inserting ``subpoena'';
(3) by striking ``$100'' and inserting ``$1,000'';
(4) by striking ``$5,000'' and inserting ``$10,000''; and
(5) by adding at the end the following:
``The Secretary may withhold, suspend, amend, or revoke any
part of the registration of a person required to register
under chapter 139 for failing to obey a subpoena or
requirement of the Secretary under this chapter to appear and
testify or produce records.''.

SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING
WITHOUT REQUIRED REGISTRATION.

Section 13902(e)(1) is amended--
(1) by striking ``motor vehicle'' and inserting ``motor
carrier'' after ``the Secretary determines that a''; and
(2) by striking ``order the vehicle'' and inserting ``order
the motor carrier operations'' after ``the Secretary may''.

SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY
VIOLATIONS.

Section 31135 is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Noncompliance.--
``(1) Motor carriers.--Two or more motor carriers,
employers, or persons shall not use common ownership, common
management, common control, or a common familial relationship
to enable any or all such motor carriers, employers, or
persons to avoid compliance, or mask or otherwise conceal
non-compliance, or a history of non-compliance, with
regulations prescribed under this subchapter or an order of
the Secretary issued under this subchapter.
``(2) Pattern.--If the Secretary finds that a motor
carrier, employer, or person engaged in a pattern or practice
of avoiding compliance, or masking or otherwise concealing
noncompliance, with regulations prescribed under this
subchapter, the Secretary--
``(A) may withhold, suspend, amend, or revoke any part of
the motor carrier's, employer's, or person's registration in
accordance with section 13905 or 31134; and
``(B) shall take into account such non-compliance for
purposes of determining civil penalty amounts under section
521(b)(2)(D).
``(3) Officers.--If the Secretary finds, after notice and
an opportunity for proceeding, that an officer of a motor
carrier, employer, or owner or operator engaged in a pattern
or practice of violating regulations prescribed under this
subchapter, or assisted a motor carrier, employer, or owner
or operator in avoiding compliance, or masking or otherwise
concealing noncompliance, the Secretary may impose
appropriate sanctions, subject to the limitations in
paragraph (4), including--
``(A) suspension or revocation of registration granted to
the officer individually under section 13902 or 31134;
``(B) temporary or permanent suspension or bar from
association with any motor carrier, employer, or owner or
operator registered under section 13902 or 31134; or
``(C) any appropriate sanction approved by the Secretary.
``(4) Limitations.--The sanctions described in
subparagraphs (A) through (C) of subsection (b)(3) shall
apply to--
``(A) intentional or knowing conduct, including reckless
conduct that violates applicable laws (including
regulations); and
``(B) repeated instances of negligent conduct that violates
applicable laws (including regulations).''; and
(2) by striking subsection (c) and inserting the following:
``(c) Avoiding Compliance.--For purposes of this section,
`avoiding compliance' or `masking or otherwise concealing
noncompliance' includes serving as an officer or otherwise
exercising controlling influence over 2 or more motor
carriers where--
``(1) 1 of the carriers was placed out of service, or
received notice from the Secretary that it will be placed out
of service, following--
``(A) a determination of unfitness under section 31144(b);
``(B) a suspension or revocation of registration under
section 13902, 13905, or 31144(g);
``(C) issuance of an imminent hazard out of service order
under section 521(b)(5) or section 5121(d); or
``(D) notice of failure to pay a civil penalty or abide by
a penalty payment plan; and
``(2) 1 or more of the carriers is the `successor,' as that
term is defined in section 31153, to the carrier that is the
subject of the action in paragraph (1).''.

SEC. 32113. FEDERAL SUCCESSOR STANDARD.

(a) In General.--Chapter 311 is amended by adding after
section 31152, as added by section 32508 of this Act, the
following:

``Sec.  31153. Federal successor standard

``(a) Federal Successor Standard.--Notwithstanding any
other provision of Federal or State law, the Secretary may
take an action authorized under chapters 5, 51, 131 through
149, subchapter III of chapter 311 (except sections 31138 and
31139), or sections 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a regulation
issued under any of those provisions, against a successor of
a motor carrier (as defined in section 13102), a successor of
an employer (as defined in section 31132), or a successor of
an owner or operator (as that term is used in subchapter III
of chapter 311), to the same extent and on the same basis as
the Secretary may take the action against the motor carrier,
employer, or owner or operator.
``(b) Successor Defined.--For purposes of this section, the
term `successor' means a motor carrier, employer, or owner or
operator that the Secretary determines, after notice and an
opportunity for a proceeding, has 1 or more features that
correspond closely with the features of another existing or
former motor carrier, employer, or owner or operator, such
as--
``(1) consideration paid for assets purchased or
transferred;
``(2) dates of corporate creation and dissolution or
termination of operations;
``(3) commonality of ownership;
``(4) commonality of officers and management personnel and
their functions;
``(5) commonality of drivers and other employees;
``(6) identity of physical or mailing addresses, telephone,
fax numbers, or e-mail addresses;
``(7) identity of motor vehicle equipment;
``(8) continuity of liability insurance policies;
``(9) commonality of coverage under liability insurance
policies;
``(10) continuation of carrier facilities and other
physical assets;
``(11) continuity of the nature and scope of operations,
including customers;
``(12) commonality of the nature and scope of operations,
including customers;
``(13) advertising, corporate name, or other acts through
which the motor carrier, employer, or owner or operator holds
itself out to the public;
``(14) history of safety violations and pending orders or
enforcement actions of the Secretary; and
``(15) additional factors that the Secretary considers
appropriate.
``(c) Effective Date.--Notwithstanding any other provision
of law, this section shall apply to any action commenced on
or after the date of enactment of the Commercial Motor
Vehicle Safety Enhancement Act of 2012 without regard to
whether the violation that is the subject of the action, or
the conduct that caused the violation, occurred before the
date of enactment.
``(d) Rights Not Affected.--Nothing in this section shall
affect the rights, functions, or responsibilities under law
of any other Department, Agency, or instrumentality of the
United States, the laws of any State, or any rights between a
private party and a motor carrier, employer, or owner or
operator.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item related to section 31152,
as added by section 32508 of this Act, the following:

``31153. Federal successor standard.''.

Subtitle B--Commercial Motor Vehicle Safety

SEC. 32201. REPEAL OF COMMERCIAL JURISDICTION EXCEPTION FOR
BROKERS OF MOTOR CARRIERS OF PASSENGERS.

(a) In General.--Section 13506(a) is amended--
(1) by inserting ``or'' at the end of paragraph (13);
(2) by striking paragraph (14); and
(3) by redesignating paragraph (15) as paragraph (14).
(b) Conforming Amendment.--Section 13904(a) is amended by
striking ``of property'' in the first sentence.

SEC. 32202. BUS RENTALS AND DEFINITION OF EMPLOYER.

Paragraph (3) of section 31132 is amended to read as
follows:
``(3) `employer'--
``(A) means a person engaged in a business affecting
interstate commerce that--
``(i) owns or leases a commercial motor vehicle in
connection with that business, or assigns an employee to
operate the commercial motor vehicle; or
``(ii) offers for rent or lease a motor vehicle designed or
used to transport more than 8 passengers, including the
driver, and from the same location or as part of the same
business provides names or contact information of drivers, or
holds itself out to the public as a charter bus company; but
``(B) does not include the Government, a State, or a
political subdivision of a State.''.

SEC. 32203. CRASHWORTHINESS STANDARDS.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall conduct a
comprehensive analysis on the need for crashworthiness
standards on property-carrying commercial motor vehicles with
a gross vehicle weight rating or gross vehicle weight of at
least 26,001 pounds involved in interstate commerce,
including an evaluation of the need for roof strength, pillar
strength, air bags, and frontal and back wall standards.

[[Page S758]]

(b) Report.--Not later than 90 days after completing the
comprehensive analysis under subsection (a), the Secretary
shall report the results of the analysis and any
recommendations to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

SEC. 32204. CANADIAN SAFETY RATING RECIPROCITY.

Section 31144 is amended by adding at the end the
following:
``(h) Recognition of Canadian Motor Carrier Safety Fitness
Determinations.--
``(1) If an authorized agency of the Canadian federal
government or a Canadian Territorial or Provincial government
determines, by applying the procedure and standards
prescribed by the Secretary under subsection (b) or pursuant
to an agreement under paragraph (2), that a Canadian employer
is unfit and prohibits the employer from operating a
commercial motor vehicle in Canada or any Canadian Province,
the Secretary may prohibit the employer from operating such
vehicle in interstate and foreign commerce until the
authorized Canadian agency determines that the employer is
fit.
``(2) The Secretary may consult and participate in
negotiations with authorized officials of the Canadian
federal government or a Canadian Territorial or Provincial
government, as necessary, to provide reciprocal recognition
of each country's motor carrier safety fitness
determinations. An agreement shall provide, to the maximum
extent practicable, that each country will follow the
procedure and standards prescribed by the Secretary under
subsection (b) in making motor carrier safety fitness
determinations.''.

SEC. 32205. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER
CONVICTIONS.

(a) Definition of Foreign Commercial Driver.--Section 31301
is amended--
(1) by redesignating paragraphs (10) through (14) as
paragraphs (11) through (15), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) `foreign commercial driver' means an individual
licensed to operate a commercial motor vehicle by an
authority outside the United States, or a citizen of a
foreign country who operates a commercial motor vehicle in
the United States.''.
(b) State Reporting of Convictions.--Section 31311(a) is
amended by adding after paragraph (21) the following:
``(22) The State shall report a conviction of a foreign
commercial driver by that State to the Federal Convictions
and Withdrawal Database, or another information system
designated by the Secretary to record the convictions. A
report shall include--
``(A) for a driver holding a foreign commercial driver's
license, each conviction relating to the operation of--
``(i) a commercial motor vehicle; and
``(ii) a non-commercial motor vehicle; and
``(B) for an unlicensed driver or a driver holding a
foreign non-commercial driver's license, each conviction for
operating a commercial motor vehicle.''.

SEC. 32206. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL
DRIVERS.

Section 31310 is amended by adding at the end the
following:
``(k) Foreign Commercial Drivers.--A foreign commercial
driver shall be subject to disqualification under this
section.''.

SEC. 32207. REVOCATION OF FOREIGN MOTOR CARRIER OPERATING
AUTHORITY FOR FAILURE TO PAY CIVIL PENALTIES.

Section 13905(d)(2), as amended by section 32103(a) of this
Act, is amended by inserting ``foreign motor carrier, foreign
motor private carrier,'' after ``registration of a motor
carrier,'' each place it appears.

Subtitle C--Driver Safety

SEC. 32301. ELECTRONIC ON-BOARD RECORDING DEVICES.

(a) General Authority.--Section 31137 is amended--
(1) by amending the section heading to read as follows:

``Sec.  31137. Electronic on-board recording devices and
brake maintenance regulations'';

(2) by redesignating subsection (b) as subsection (e); and
(3) by amending subsection (a) to read as follows:
``(a) Electronic On-Board Recording Devices.--Not later
than 1 year after the date of enactment of the Commercial
Motor Vehicle Safety Enhancement Act of 2012, the Secretary
of Transportation shall prescribe regulations--
``(1) requiring a commercial motor vehicle involved in
interstate commerce and operated by a driver subject to the
hours of service and the record of duty status requirements
under part 395 of title 49, Code of Federal Regulations, be
equipped with an electronic on-board recording device to
improve compliance by an operator of a vehicle with hours of
service regulations prescribed by the Secretary; and
``(2) ensuring that an electronic on-board recording device
is not used to harass a vehicle operator.
``(b) Electronic On-Board Recording Device Requirements.--
``(1) In general.--The regulations prescribed under
subsection (a) shall--
``(A) require an electronic on-board recording device--
``(i) to accurately record commercial driver hours of
service;
``(ii) to record the location of a commercial motor
vehicle;
``(iii) to be tamper resistant; and
``(iv) to be integrally synchronized with an engine's
control module;
``(B) allow law enforcement to access the data contained in
the device during a roadside inspection; and
``(C) apply to a commercial motor vehicle beginning on the
date that is 2 years after the date that the regulations are
published as a final rule.
``(2) Performance and design standards.--The regulations
prescribed under subsection (a) shall establish performance
standards--
``(A) defining a standardized user interface to aid vehicle
operator compliance and law enforcement review;
``(B) establishing a secure process for standardized--
``(i) and unique vehicle operator identification;
``(ii) data access;
``(iii) data transfer for vehicle operators between motor
vehicles;
``(iv) data storage for a motor carrier; and
``(v) data transfer and transportability for law
enforcement officials;
``(C) establishing a standard security level for an
electronic on-board recording device and related components
to be tamper resistant by using a methodology endorsed by a
nationally recognized standards organization; and
``(D) identifying each driver subject to the hours of
service and record of duty status requirements under part 395
of title 49, Code of Federal Regulations.
``(c) Certification Criteria.--
``(1) In general.--The regulations prescribed by the
Secretary under this section shall establish the criteria and
a process for the certification of an electronic on-board
recording device to ensure that the device meets the
performance requirements under this section.
``(2) Effect of noncertification.--An electronic on-board
recording device that is not certified in accordance with the
certification process referred to in paragraph (1) 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.
``(d) Electronic On-Board Recording Device Defined.--In
this section, the term `electronic on-board recording device'
means an electronic device that--
``(1) is capable of recording a driver's hours of service
and duty status accurately and automatically; and
``(2) meets the requirements established by the Secretary
through regulation.''.
(b) Civil Penalties.--Section 30165(a)(1) is amended by
striking ``or 30141 through 30147'' and inserting ``30141
through 30147, or 31137''.
(c) Conforming Amendment.--The analysis for chapter 311 is
amended by striking the item relating to section 31137 and
inserting the following:

``31137. Electronic on-board recording devices and brake maintenance
regulations.''.

SEC. 32302. SAFETY FITNESS.

(a) Safety Fitness Rating Methodology.--The Secretary
shall--
(1) incorporate into its Compliance, Safety, Accountability
program a safety fitness rating methodology that assigns
sufficient weight to adverse vehicle and driver performance-
based data that elevate crash risks to warrant an
unsatisfactory rating for a carrier; and
(2) ensure that the data to support such assessments is
accurate.
(b) Interim Measures.--Not later than March 31, 2012, the
Secretary shall take interim measures to implement a similar
safety fitness rating methodology in its current safety
rating system if the Compliance, Safety, Accountability
program is not fully implemented.

SEC. 32303. DRIVER MEDICAL QUALIFICATIONS.

(a) 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 in accordance with
section 31149(d)(1) of title 49, United States Code.
(b) Examination Requirement for National Registry of
Medical Examiners.--Section 31149(c)(1)(D) is amended to read
as follows:
``(D) not later than 1 year after enactment of the
Commercial Motor Vehicle Safety Enhancement Act of 2012,
develop requirements for a medical examiner to be listed in
the national registry under this section, including--
``(i) the completion of specific courses and materials;
``(ii) certification, including self-certification, if the
Secretary determines that self-certification is necessary for
sufficient participation in the national registry, to verify
that a medical examiner completed specific training,
including refresher courses, that the Secretary determines
necessary to be listed in the national registry;
``(iii) an examination that requires a passing grade; and
``(iv) demonstration of a medical examiner's willingness to
meet the reporting requirements established by the
Secretary;''.
(c) Additional Oversight of Licensing Authorities.--
(1) In general.--Section 31149(c)(1) is amended--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;

[[Page S759]]

(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(G) annually review the implementation of commercial
driver's license requirements by not fewer than 10 States to
assess the accuracy, validity, and timeliness of--
``(i) the submission of physical examination reports and
medical certificates to State licensing agencies; and
``(ii) the processing of the 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 procedure to carry out section
31149(c)(1)(G) of title 49, United States Code, as added by
section 32303(c)(1) of this Act.
(B) Effective date.--The amendments made by section
32303(c)(1) of this Act shall take effect on the date the
oversight policies and procedures are established pursuant to
subparagraph (A).
(d) Electronic Filing of Medical Examination
Certificates.--Section 31311(a), as amended by sections
_2205(b) and _2306(b) of this Act, is amended by adding at
the end the following:
``(24) Not later than 1 year after the date of enactment of
the Commercial Motor Vehicle Safety Enhancement Act of 2012,
the State shall establish and maintain, as part of its driver
information system, the capability to receive an electronic
copy of a medical examiner's certificate, from a certified
medical examiner, for each holder of a commercial driver's
license issued by the State who operates or intends to
operate in interstate commerce.''.
(e) Funding.--
(1) Authorization of appropriations.--Of the funds provided
for Data and Technology Grants under section 31104(a) of
title 49, United States Code, there are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary to make grants to States
or an organization representing agencies and officials of the
States to support development costs of the information
technology needed to carry out section 31311(a)(24) of title
49, United States Code, up to $1,000,000 for fiscal year 2012
and up to $1,000,000 for fiscal year 2013.
(2) Period of availability.--The amounts made available
under this subsection shall remain available until expended.

SEC. 32304. COMMERCIAL DRIVER'S LICENSE NOTIFICATION SYSTEM.

(a) In General.--Section 31304 is amended--
(1) by striking ``An employer'' and inserting the
following:
``(a) In General.--An employer''; and
(2) by adding at the end the following:
``(b) Driver Violation Records.--
``(1) Periodic review.--Except as provided in paragraph
(3), an employer shall ascertain the driving record of each
driver it employs--
``(A) by making an inquiry at least once every 12 months to
the appropriate State agency in which the driver held or
holds a commercial driver's license or permit during such
time period;
``(B) by receiving occurrence-based reports of changes in
the status of a driver's record from 1 or more driver record
notification systems that meet minimum standards issued by
the Secretary; or
``(C) by a combination of inquiries to States and reports
from driver record notification systems.
``(2) Record keeping.--A copy of the reports received under
paragraph (1) shall be maintained in the driver's
qualification file.
``(3) Exceptions to record review requirement.--Paragraph
(1) shall not apply to a driver employed by an employer who,
in any 7-day period, is employed or used as a driver by more
than 1 employer--
``(A) if the employer obtains the driver's identification
number, type, and issuing State of the driver's commercial
motor vehicle license; or
``(B) if the information described in subparagraph (A) is
furnished by another employer and the employer that regularly
employs the driver meets the other requirements under this
section.
``(4) Driver record notification system defined.--In this
section, the term `driver record notification system' means a
system that automatically furnishes an employer with a
report, generated by the appropriate agency of a State, on
the change in the status of an employee's driver's license
due to a conviction for a moving violation, a failure to
appear, an accident, driver's license suspension, driver's
license revocation, or any other action taken against the
driving privilege.''.
(b) Standards for Driver Record Notification Systems.--Not
later than 1 year after the date of enactment of this Act,
the Secretary shall issue minimum standards for driver
notification systems, including standards for the accuracy,
consistency, and completeness of the information provided.
(c) Plan for National Notification System.--
(1) Development.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop
recommendations and a plan for the development and
implementation of a national driver record notification
system, including--
(A) an assessment of the merits of achieving a national
system by expanding the Commercial Driver's License
Information System; and
(B) an estimate of the fees that an employer will be
charged to offset the operating costs of the national system.
(2) Submission to congress.--Not later than 90 days after
the recommendations and plan are developed under paragraph
(1), the Secretary shall submit a report on the
recommendations and plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.

SEC. 32305. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.

(a) In General.--Section 31305 is amended by adding at the
end the following:
``(c) Standards for Training.--Not later than 6 months
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012, the Secretary shall issue
final regulations establishing minimum entry-level training
requirements for an individual operating a commercial motor
vehicle--
``(1) addressing the knowledge and skills that--
``(A) are necessary for an individual operating a
commercial motor vehicle to safely operate a commercial motor
vehicle; and
``(B) must be acquired before obtaining a commercial
driver's license for the first time or upgrading from 1 class
of commercial driver's license to another class;
``(2) addressing the specific training needs of a
commercial motor vehicle operator seeking passenger or
hazardous materials endorsements, including for an operator
seeking a passenger endorsement training--
``(A) to suppress motorcoach fires; and
``(B) to evacuate passengers from motorcoaches safely;
``(3) requiring effective instruction to acquire the
knowledge, skills, and training referred to in paragraphs (1)
and (2), including classroom and behind-the-wheel
instruction;
``(4) requiring certification that an individual operating
a commercial motor vehicle meets the requirements established
by the Secretary; and
``(5) requiring a training provider (including a public or
private driving school, motor carrier, or owner or operator
of a commercial motor vehicle) that offers training that
results in the issuance of a certification to an individual
under paragraph (4) to demonstrate that the training meets
the requirements of the regulations, through a process
established by the Secretary.''.
(b) 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 31305(c);''.
(c) Conforming Amendment.--The section heading for section
31305 is amended to read as follows:

``Sec.  31305. General driver fitness, testing, and
training''.

(d) Conforming Amendment.--The analysis for chapter 313 is
amended by striking the item relating to section 31305 and
inserting the following:

``31305. General driver fitness, testing, and training.''.

SEC. 32306. COMMERCIAL DRIVER'S LICENSE PROGRAM.

(a) In General.--Section 31309 is amended--
(1) in subsection (e)(4), by amending subparagraph (A) to
read as follows:
``(A) In general.--The plan shall specify--
``(i) a date by which all States shall be operating
commercial driver's license information systems that are
compatible with the modernized information system under this
section; and
``(ii) that States must use the systems to receive and
submit conviction and disqualification data.''; and
(2) in subsection (f), by striking ``use'' and inserting
``use, subject to section 31313(a),''.
(b) Requirements for State Participation.--Section 31311 is
amended--
(1) in subsection (a), as amended by section 32205(b) of
this Act--
(A) in paragraph (5), by striking ``At least'' and all that
follows through ``regulation),'' and inserting: ``Not later
than the time period prescribed by the Secretary by
regulation,''; and
(B) by adding at the end the following:
``(23) Not later than 1 year after the date of enactment of
the Commercial Motor Vehicle Safety Enhancement Act of 2012,
the State shall implement a system and practices for the
exclusive electronic exchange of driver history record
information on the system the Secretary maintains under
section 31309, including the posting of convictions,
withdrawals, and disqualifications.''; and
(2) by adding at the end the following:
``(d) Critical Requirements.--
``(1) Identification of critical requirements.--After
reviewing the requirements under subsection (a), including
the regulations issued pursuant to subsection (a) and section
31309(e)(4), the Secretary shall identify the requirements
that are critical to an effective State commercial driver's
license program.

[[Page S760]]

``(2) Guidance.--Not later than 180 days after the date of
enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2012, the Secretary shall issue guidance to assist
States in complying with the critical requirements identified
under paragraph (1). The guidance shall include a description
of the actions that each State must take to collect and share
accurate and complete data in a timely manner.
``(e) State Commercial Driver's License Program Plan.--
``(1) In general.--Not later than 180 days after the
Secretary issues guidance under subsection (d)(2), a State
shall submit a plan to the Secretary for complying with the
requirements under this section during the period beginning
on the date the plan is submitted and ending on September 30,
2016.
``(2) Contents.--A plan submitted by a State under
paragraph (1) shall identify--
``(A) the actions that the State will take to comply with
the critical requirements identified under subsection (d)(1);
``(B) the actions that the State will 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
``(C) other actions that the State will take to comply with
the requirements under 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).
In establishing the schedule, the State shall prioritize the
actions identified under paragraphs (2)(A) and (2)(B).
``(B) Deadline for compliance with critical 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 critical requirements pursuant to subsection
(d) not later than September 30, 2015.
``(4) Approval and disapproval.--The Secretary shall--
``(A) review each plan submitted under paragraph (1);
``(B) approve a plan that the Secretary determines meets
the requirements under this subsection and promotes the goals
of this chapter; and
``(C) disapprove a plan that the Secretary determines does
not meet the requirements or does not promote the goals.
``(5) Modification of disapproved plans.--If the Secretary
disapproves a plan under paragraph (4)(C), the Secretary
shall--
``(A) provide a written explanation of the disapproval to
the State; and
``(B) allow the State to modify the plan and resubmit it
for approval.
``(6) Plan updates.--The Secretary may require a State to
review and update a plan, as appropriate.
``(f) Annual Comparison of State Levels of Compliance.--The
Secretary shall annually--
``(1) compare the relative levels of compliance by States
with the requirements under subsection (a); and
``(2) make the results of the comparison available to the
public.''.
(c) Decertification Authority.--Section 31312 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Deadline for Compliance With Critical Requirements.--
Beginning on October 1, 2016, in making a determination under
subsection (a), the Secretary shall consider a State to be in
substantial noncompliance with this chapter if the Secretary
determines that--
``(1) the State is not complying with a critical
requirement under section 31311(d)(1); and
``(2) sufficient grant funding was made available to the
State under section 31313(a) to comply with the
requirement.''.

SEC. 32307. COMMERCIAL DRIVER'S LICENSE REQUIREMENTS.

(a) Licensing Standards.--Section 31305(a)(7) is amended by
inserting ``would not be subject to a disqualification under
section 31310(g) of this title and'' after ``taking the
tests''.
(b) Disqualifications.--Section 31310(g)(1) is amended by
deleting ``who holds a commercial driver's license and''.

SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION
SYSTEMS.

Section 31106(c) is amended--
(1) by striking the subsection heading and inserting ``(1)
In general.--'';
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D); and
(3) by adding at the end the following:
``(2) Access to records.--The Secretary may require a
State, as a condition of an award of grant money under this
section, to provide the Secretary access to all State
licensing status and driver history records via an electronic
information system, subject to section 2721 of title 18.''.

SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR
VEHICLE OPERATIONS.

(a) First Offense.--Section 31310(b)(1)(D) is amended by
striking ``commercial'' after ``revoked, suspended, or
canceled based on the individual's operation of a,'' and
before ``motor vehicle''.
(b) Second Offense.--Section 31310(c)(1)(D) is amended by
striking ``commercial'' after ``revoked, suspended, or
canceled based on the individual's operation of a,'' and
before ``motor vehicle''.

SEC. 32310. FEDERAL DRIVER DISQUALIFICATIONS.

(a) Disqualification Defined.--Section 31301, as amended by
section 32205 of this Act, is amended--
(1) by redesignating paragraphs (6) through (15) as
paragraphs (7) through (16), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) `Disqualification' means--
``(A) the suspension, revocation, or cancellation of a
commercial driver's license by the State of issuance;
``(B) a withdrawal of an individual's privilege to drive a
commercial motor vehicle by a State or other jurisdiction as
the result of a violation of State or local law relating to
motor vehicle traffic control, except for a parking, vehicle
weight, or vehicle defect violation;
``(C) a determination by the Secretary that an individual
is not qualified to operate a commercial motor vehicle; or
``(D) a determination by the Secretary that a commercial
motor vehicle driver is unfit under section 31144(g).''.
(b) Commercial Driver's License Information System
Contents.--Section 31309(b)(1)(F) is amended by inserting
after ``disqualified'' the following: ``by the State that
issued the individual a commercial driver's license, or by
the Secretary,''.
(c) State Action on Federal Disqualification.--Section
31310(h) is amended by inserting after the first sentence the
following:
``If the State has not disqualified the individual from
operating a commercial vehicle under subsections (b) through
(g), the State shall disqualify the individual if the
Secretary determines under section 31144(g) that the
individual is disqualified from operating a commercial motor
vehicle.''.

SEC. 32311. EMPLOYER RESPONSIBILITIES.

Section 31304, as amended by section 32304 of this Act, is
amended in subsection (a)--
(1) by striking ``knowingly''; and
(2) by striking ``in which'' and inserting ``that the
employer knows or should reasonably know that''.

Subtitle D--Safe Roads Act of 2012

SEC. 32401. SHORT TITLE.

This subtitle may be cited as the ``Safe Roads Act of
2012''.

SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE
AND ALCOHOL TEST RESULTS OF COMMERCIAL MOTOR
VEHICLE OPERATORS.

(a) In General.--Chapter 313 is amended--
(1) in section 31306(a), by inserting ``and section
31306a'' after ``this section''; and
(2) by inserting after section 31306 the following:

``Sec.  31306a. National clearinghouse for controlled
substance and alcohol test results of commercial motor
vehicle operators

``(a) Establishment.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Safe Roads Act of 2012, the Secretary of
Transportation shall establish a national clearinghouse for
records relating to alcohol and controlled substances testing
of commercial motor vehicle operators.
``(2) Purposes.--The purposes of the clearinghouse shall
be--
``(A) to improve compliance with the Department of
Transportation's alcohol and controlled substances testing
program applicable to commercial motor vehicle operators;
``(B) to facilitate access to information about an
individual before employing the individual as a commercial
motor vehicle operator;
``(C) to enhance the safety of our United States roadways
by reducing accident fatalities involving commercial motor
vehicles; and
``(D) to reduce the number of impaired commercial motor
vehicle operators.
``(3) Contents.--The clearinghouse shall function as a
repository for records relating to the positive test results
and test refusals of commercial motor vehicle operators and
violations by such operators of prohibitions set forth in
subpart B of part 382 of title 49, Code of Federal
Regulations (or any subsequent corresponding regulations).
``(4) Electronic exchange of records.--The Secretary shall
ensure that records can be electronically submitted to, and
requested from, the clearinghouse by authorized users.
``(5) Authorized operator.--The Secretary may authorize a
qualified and experienced private entity to operate and
maintain the clearinghouse and to collect fees on behalf of
the Secretary under subsection (e). The entity shall
establish, operate, maintain and expand the clearinghouse and
permit access to driver information and records from the
clearinghouse in accordance with this section.
``(b) Design of Clearinghouse.--
``(1) Use of federal motor carrier safety administration
recommendations.--In establishing the clearinghouse, the
Secretary shall consider--
``(A) the findings and recommendations contained in the
Federal Motor Carrier Safety Administration's March 2004
report to Congress required under section 226 of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31306
note); and
``(B) the findings and recommendations contained in the
Government Accountability

[[Page S761]]

Office's May 2008 report to Congress entitled `Motor Carrier
Safety: Improvements to Drug Testing Programs Could Better
Identify Illegal Drug Users and Keep Them off the Road.'.
``(2) Development of secure processes.--In establishing the
clearinghouse, the Secretary shall develop a secure process
for--
``(A) administering and managing the clearinghouse in
compliance with applicable Federal security standards;
``(B) registering and authenticating authorized users of
the clearinghouse;
``(C) registering and authenticating persons required to
report to the clearinghouse under subsection (g);
``(D) preventing the unauthorized access of information
from the clearinghouse;
``(E) storing and transmitting data;
``(F) persons required to report to the clearinghouse under
subsection (g) to timely and accurately submit electronic
data to the clearinghouse;
``(G) generating timely and accurate reports from the
clearinghouse in response to requests for information by
authorized users; and
``(H) updating an individual's record upon completion of
the return-to-duty process described in title 49, Code of
Federal Regulations.
``(3) Employer alert of positive test result.--In
establishing the clearinghouse, the Secretary shall develop a
secure method for electronically notifying an employer of
each additional positive test result or other noncompliance--
``(A) for an employee, that is entered into the
clearinghouse during the 7-day period immediately following
an employer's inquiry about the employee; and
``(B) for an employee who is listed as having multiple
employers.
``(4) Archive capability.--In establishing the
clearinghouse, the Secretary shall develop a process for
archiving all clearinghouse records, including the depositing
of personal records, records relating to each individual in
the database, and access requests for personal records, for
the purposes of--
``(A) auditing and evaluating the timeliness, accuracy, and
completeness of data in the clearinghouse; and
``(B) auditing to monitor compliance and enforce penalties
for noncompliance.
``(5) Future needs.--
``(A) Interoperability with other data systems.--In
establishing the clearinghouse, the Secretary shall
consider--
``(i) the existing data systems containing regulatory and
safety data for commercial motor vehicle operators;
``(ii) the efficacy of using or combining clearinghouse
data with 1 or more of such systems; and
``(iii) the potential interoperability of the clearinghouse
with such systems.
``(B) Specific considerations.--In carrying out
subparagraph (A), the Secretary shall determine--
``(i) the clearinghouse's capability for interoperability
with--

``(I) the National Driver Register established under
section 30302;
``(II) the Commercial Driver's License Information System
established under section 31309;
``(III) the Motor Carrier Management Information System for
preemployment screening services under section 31150; and
``(IV) other data systems, as appropriate; and

``(ii) any change to the administration of the current
testing program, such as forms, that is necessary to collect
data for the clearinghouse.
``(c) Standard Formats.--The Secretary shall develop
standard formats to be used--
``(1) by an authorized user of the clearinghouse to--
``(A) request a record from the clearinghouse; and
``(B) obtain the consent of an individual who is the
subject of a request from the clearinghouse, if applicable;
and
``(2) to notify an individual that a positive alcohol or
controlled substances test result, refusing to test, and a
violation of any of the prohibitions under subpart B of part
382 of title 49, Code of Federal Regulations (or any
subsequent corresponding regulations), will be reported to
the clearinghouse.
``(d) Privacy.--A release of information from the
clearinghouse shall--
``(1) comply with applicable Federal privacy laws,
including the fair information practices under the Privacy
Act of 1974 (5 U.S.C. 552a);
``(2) comply with applicable sections of the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.); and
``(3) not be made to any person or entity unless expressly
authorized or required by law.
``(e) Fees.--
``(1) Authority to collect fees.--Except as provided under
paragraph (3), the Secretary may collect a reasonable,
customary, and nominal fee from an authorized user of the
clearinghouse for a request for information from the
clearinghouse.
``(2) Use of fees.--Fees collected under this subsection
shall be used for the operation and maintenance of the
clearinghouse.
``(3) Limitation.--The Secretary may not collect a fee from
an individual requesting information from the clearinghouse
that pertains to the record of that individual.
``(f) Employer Requirements.--
``(1) Determination concerning use of clearinghouse.--The
Secretary shall determine if an employer is authorized to use
the clearinghouse to meet the alcohol and controlled
substances testing requirements under title 49, Code of
Federal Regulations.
``(2) Applicability of existing requirements.--Each
employer and service agent shall comply with the alcohol and
controlled substances testing requirements under title 49,
Code of Federal Regulations.
``(3) Employment prohibitions.--Beginning 30 days after the
date that the clearinghouse is established under subsection
(a), an employer shall not hire an individual to operate a
commercial motor vehicle unless the employer determines that
the individual, during the preceding 3-year period--
``(A) if tested for the use of alcohol and controlled
substances, as required under title 49, Code of Federal
Regulations--
``(i) did not test positive for the use of alcohol or
controlled substances in violation of the regulations; or
``(ii) tested positive for the use of alcohol or controlled
substances and completed the required return-to-duty process
under title 49, Code of Federal Regulations;
``(B)(i) did not refuse to take an alcohol or controlled
substance test under title 49, Code of Federal Regulations;
or
``(ii) refused to take an alcohol or controlled substance
test and completed the required return-to-duty process under
title 49, Code of Federal Regulations; and
``(C) did not violate any other provision of subpart B of
part 382 of title 49, Code of Federal Regulations (or any
subsequent corresponding regulations).
``(4) Annual review.--Beginning 30 days after the date that
the clearinghouse is established under subsection (a), an
employer shall request and review a commercial motor vehicle
operator's record from the clearinghouse annually for as long
as the commercial motor vehicle operator is under the employ
of the employer.
``(g) Reporting of Records.--
``(1) In general.--Beginning 30 days after the date that
the clearinghouse is established under subsection (a), a
medical review officer, employer, service agent, and other
appropriate person, as determined by the Secretary, shall
promptly submit to the Secretary any record generated after
the clearinghouse is initiated of an individual who--
``(A) refuses to take an alcohol or controlled substances
test required under title 49, Code of Federal Regulations;
``(B) tests positive for alcohol or a controlled substance
in violation of the regulations; or
``(C) violates any other provision of subpart B of part 382
of title 49, Code of Federal Regulations (or any subsequent
corresponding regulations).
``(2) Inclusion of records in clearinghouse.--The Secretary
shall include in the clearinghouse the records of positive
test results and test refusals received under paragraph (1).
``(3) 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, as appropriate.
``(4) Notification.--The Secretary shall expeditiously
notify an individual, unless such notification would be
duplicative, when--
``(A) a record relating to the individual is received by
the clearinghouse;
``(B) a record in the clearinghouse relating to the
individual is modified or deleted, and include in the
notification the reason for the modification or deletion; or
``(C) a record in the clearinghouse relating to the
individual is released to an employer and specify the reason
for the release.
``(5) Data quality and security standards for reporting and
releasing.--The Secretary may establish additional
requirements, as appropriate, to ensure that--
``(A) the submission of records to the clearinghouse is
timely and accurate;
``(B) the release of data from the clearinghouse is timely,
accurate, and released to the appropriate authorized user
under this section; and
``(C) an individual with a record in the clearinghouse has
a cause of action for any inappropriate use of information
included in the clearinghouse.
``(6) Retention of records.--The Secretary shall--
``(A) retain a record submitted to the clearinghouse for a
5-year period beginning on the date the record is submitted;
``(B) remove the record from the clearinghouse at the end
of the 5-year period, unless the individual fails to meet a
return-to-duty or follow-up requirement under title 49, Code
of Federal Regulations; and
``(C) retain a record after the end of the 5-year period in
a separate location for archiving and auditing purposes.
``(h) Authorized Users.--
``(1) Employers.--The Secretary shall establish a process
for an employer to request and receive an individual's record
from the clearinghouse.
``(A) Consent.--An employer may not access an individual's
record from the clearinghouse unless the employer--
``(i) obtains the prior written or electronic consent of
the individual for access to the record; and
``(ii) submits proof of the individual's consent to the
Secretary.
``(B) Access to records.--After receiving a request from an
employer for an individual's record under subparagraph (A),
the Secretary shall grant access to the individual's record
to the employer as expeditiously as practicable.

[[Page S762]]

``(C) Retention of record requests.--The Secretary shall
require an employer to retain for a 3-year period--
``(i) a record of each request made by the employer for
records from the clearinghouse; and
``(ii) the information received pursuant to the request.
``(D) Use of records.--An employer may use an individual's
record received from the clearinghouse only to assess and
evaluate the qualifications of the individual to operate a
commercial motor vehicle for the employer.
``(E) Protection of privacy of individuals.--An employer
that receives an individual's record from the clearinghouse
under subparagraph (B) shall--
``(i) protect the privacy of the individual and the
confidentiality of the record; and
``(ii) ensure that information contained in the record is
not divulged to a person or entity that is not directly
involved in assessing and evaluating the qualifications of
the individual to operate a commercial motor vehicle for the
employer.
``(2) State licensing authorities.--The Secretary shall
establish a process for the chief commercial driver's
licensing official of a State to request and receive an
individual's record from the clearinghouse if the individual
is applying for a commercial driver's license from the State.
``(A) Consent.--The Secretary may grant access to an
individual's record in the clearinghouse under this paragraph
without the prior written or electronic consent of the
individual. An individual who holds a commercial driver's
license shall be deemed to consent to such access by
obtaining a commercial driver's license.
``(B) Protection of privacy of individuals.--A chief
commercial driver's licensing official of a State that
receives an individual's record from the clearinghouse under
this paragraph shall--
``(i) protect the privacy of the individual and the
confidentiality of the record; and
``(ii) ensure that the information in the record is not
divulged to any person that is not directly involved in
assessing and evaluating the qualifications of the individual
to operate a commercial motor vehicle.
``(3) National transportation safety board.--The Secretary
shall establish a process for the National Transportation
Safety Board to request and receive an individual's record
from the clearinghouse if the individual is involved in an
accident that is under investigation by the National
Transportation Safety Board.
``(A) Consent.--The Secretary may grant access to an
individual's record in the clearinghouse under this paragraph
without the prior written or electronic consent of the
individual. An individual who holds a commercial driver's
license shall be deemed to consent to such access by
obtaining a commercial driver's license.
``(B) Protection of privacy of individuals.--An official of
the National Transportation Safety Board that receives an
individual's record from the clearinghouse under this
paragraph shall--
``(i) protect the privacy of the individual and the
confidentiality of the record; and
``(ii) unless the official determines that the information
in the individual's record should be reported under section
1131(e), ensure that the information in the record is not
divulged to any person that is not directly involved with
investigating the accident.
``(4) Additional authorized users.--The Secretary shall
consider whether to grant access to the clearinghouse to
additional users. The Secretary may authorize access to an
individual's record from the clearinghouse to an additional
user if the Secretary determines that granting access will
further the purposes under subsection (a)(2). In determining
whether the access will further the purposes under subsection
(a)(2), the Secretary shall consider, among other things--
``(A) what use the additional user will make of the
individual's record;
``(B) the costs and benefits of the use; and
``(C) how to protect the privacy of the individual and the
confidentiality of the record.
``(i) 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 determine whether the clearinghouse contains a
record pertaining to the individual;
``(B) to verify the accuracy of a record;
``(C) to update an individual's record, including
completing the return-to-duty process described in title 49,
Code of Federal Regulations; and
``(D) to determine whether the clearinghouse received
requests for the individual's information.
``(2) Dispute procedure.--The Secretary shall establish a
procedure, including an appeal process, for an individual to
dispute and remedy an administrative error in the
individual's record.
``(j) Penalties.--
``(1) In general.--An employer, employee, medical review
officer, or service agent who violates any provision of this
section shall be subject to civil penalties under section
521(b)(2)(C) and criminal penalties under section
521(b)(6)(B), and any other applicable civil and criminal
penalties, as determined by the Secretary.
``(2) Violation of privacy.--The Secretary shall establish
civil and criminal penalties, consistent with paragraph (1),
for an authorized user who violates paragraph (2)(B) or
(3)(B) of subsection (h).
``(k) Compatibility of State and Local Laws.--
``(1) Preemption.--Except as provided under paragraph (2),
any law, regulation, order, or other requirement of a State,
political subdivision of a State, or Indian tribe related to
a commercial driver's license holder subject to alcohol or
controlled substance testing under title 49, Code of Federal
Regulations, that is inconsistent with this section or a
regulation issued pursuant to this section is preempted.
``(2) Applicability.--The preemption under paragraph (1)
shall include--
``(A) the reporting of valid positive results from alcohol
screening tests and drug tests;
``(B) the refusal to provide a specimen for an alcohol
screening test or drug test; and
``(C) other violations of subpart B of part 382 of title
49, Code of Federal Regulations (or any subsequent
corresponding regulations).
``(3) Exception.--A law, regulation, order, or other
requirement of a State, political subdivision of a State, or
Indian tribe shall not be preempted under this subsection to
the extent it relates to an action taken with respect to a
commercial motor vehicle operator's commercial driver's
license or driving record as a result of the driver's--
``(A) verified positive alcohol or drug test result;
``(B) refusal to provide a specimen for the test; or
``(C) other violations of subpart B of part 382 of title
49, Code of Federal Regulations (or any subsequent
corresponding regulations).
``(l) Definitions.--In this section--
``(1) Authorized user.--The term `authorized user' means an
employer, State licensing authority, National Transportation
Safety Board, or other person granted access to the
clearinghouse under subsection (h).
``(2) Chief commercial driver's licensing official.--The
term `chief commercial driver's licensing official' means the
official in a State who is authorized to--
``(A) maintain a record about commercial driver's licenses
issued by the State; and
``(B) take action on commercial driver's licenses issued by
the State.
``(3) Clearinghouse.--The term `clearinghouse' means the
clearinghouse established under subsection (a).
``(4) Commercial motor vehicle operator.--The term
`commercial motor vehicle operator' means an individual who--
``(A) possesses a valid commercial driver's license issued
in accordance with section 31308; and
``(B) is subject to controlled substances and alcohol
testing under title 49, Code of Federal Regulations.
``(5) Employer.--The term `employer' means a person or
entity employing, or seeking to employ, 1 or more employees
(including an individual who is self-employed) to be
commercial motor vehicle operators.
``(6) Medical review officer.--The term `medical review
officer' means a licensed physician who is responsible for--
``(A) receiving and reviewing a laboratory result generated
under the testing program;
``(B) evaluating a medical explanation for a controlled
substances test under title 49, Code of Federal Regulations;
and
``(C) interpreting the results of a controlled substances
test.
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(8) Service agent.--The term `service agent' means a
person or entity, other than an employee of the employer, who
provides services to employers or employees under the testing
program.
``(9) Testing program.--The term `testing program' means
the alcohol and controlled substances testing program
required under title 49, Code of Federal Regulations.''.
(b) Conforming Amendment.--The analysis for chapter 313 is
amended by inserting after the item relating to section 31306
the following:

``31306a. National clearinghouse for positive controlled substance and
alcohol test results of commercial motor vehicle
operators.''.

SEC. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS.

Chapter 313 is amended--
(1) by redesignating section 31306(f) as 31306(f)(1); and
(2) by inserting after section 31306(f)(1) the following:
``(2) Additional sanctions.--The Secretary may require a
State to revoke, suspend, or cancel the commercial driver's
license of a commercial motor vehicle operator who is found,
based on a test conducted and confirmed under this section,
to have used alcohol or a controlled substance in violation
of law until the commercial motor vehicle operator completes
the rehabilitation process under subsection (e).''; and
(3) by amending section 31310(d) to read as follows:
``(d) Controlled Substance Violations.--The Secretary may
permanently disqualify an individual from operating a
commercial vehicle if the individual--
``(1) uses a commercial motor vehicle in the commission of
a felony involving manufacturing, distributing, or dispensing
a controlled substance, or possession with intent to
manufacture, distribute, or dispense a controlled substance;
or
``(2) uses alcohol or a controlled substance, in violation
of section 31306, 3 or more times.''.

[[Page S763]]

SEC. 32404. AUTHORIZATION OF APPROPRIATIONS.

From the funds authorized to be appropriated under section
31104(h) of title 49, United States Code, up to $5,000,000 is
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) for the Secretary of
Transportation to develop, design, and implement the national
clearinghouse required by section 32402 of this Act.

Subtitle E--Enforcement

SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS.

(a) Safety Investigations.--Section 504(c) is amended--
(1) by inserting ``, or an employee of the recipient of a
grant issued under section 31102 of this title'' after ``a
contractor''; and
(2) by inserting ``, in person or in writing'' after
``proper credentials''.
(b) Civil Penalty.--Section 521(b)(2)(E) is amended--
(1) by redesignating subparagraph (E) as subparagraph
(E)(i); and
(2) by adding at the end the following:
``(ii) Place out of service.--The Secretary may by
regulation adopt procedures for placing out of service the
commercial motor vehicle of a foreign-domiciled motor carrier
that fails to promptly allow the Secretary to inspect and
copy a record or inspect equipment, land, buildings, or other
property.''.
(c) Hazardous Materials Investigations.--Section 5121(c)(2)
is amended by inserting ``, in person or in writing,'' after
``proper credentials''.
(d) Commercial Investigations.--Section 14122(b) is amended
by inserting ``, in person or in writing'' after ``proper
credentials''.

SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO
RECORDS.

Section 521(b)(2)(E) is amended--
(1) by inserting after ``$10,000.'' the following: ``In the
case of a motor carrier, the Secretary may also place the
violator's motor carrier operations out of service.''; and
(2) by striking ``such penalty'' after ``It shall be a
defense to'' and inserting ``a penalty''.

SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT OF
SERVICE ORDERS.

Section 521(b)(2) is amended by adding at the end the
following:
``(F) Penalty for violations relating to out of service
orders.--A motor carrier or employer (as defined in section
31132) that operates a commercial motor vehicle in commerce
in violation of a prohibition on transportation under section
31144(c) of this title or an imminent hazard out of service
order issued under subsection (b)(5) of this section or
section 5121(d) of this title shall be liable for a civil
penalty not to exceed $25,000.''.

SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR UNFIT
CARRIERS.

(a) In General.--Section 31144(c)(1) is amended by
inserting ``, and such period shall be for not less than 10
days'' after ``operator is fit''.
(b) Owners or Operators Transporting Passengers.--Section
31144(c)(2) is amended by inserting ``, and such period shall
be for not less than 10 days'' after ``operator is fit''.
(c) Owners or Operators Transporting Hazardous Material.--
Section 31144(c)(3) is amended by inserting before the period
at the end of the first sentence the following: ``, and such
period shall be for not less than 10 days''.

SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES.

Section 521(b)(7) is amended by adding at the end the
following:
``The penalties may include a minimum duration for any out
of service period, not to exceed 90 days.''.

SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL
MOTOR VEHICLES FOR IMMINENT HAZARD.

Section 521(b) is amended by adding at the end the
following:
``(15) Impoundment of commercial motor vehicles.--
``(A) Enforcement of imminent hazard out-of-service
orders.--
``(i) The Secretary, or an authorized State official
carrying out motor carrier safety enforcement activities
under section 31102, may enforce an imminent hazard out-of-
service order issued under chapters 5, 51, 131 through 149,
311, 313, or 315 of this title, or a regulation promulgated
thereunder, by towing and impounding a commercial motor
vehicle until the order is rescinded.
``(ii) Enforcement shall not unreasonably interfere with
the ability of a shipper, carrier, broker, or other party to
arrange for the alternative transportation of any cargo or
passenger being transported at the time the commercial motor
vehicle is immobilized. In the case of a commercial motor
vehicle transporting passengers, the Secretary or authorized
State official shall provide reasonable, temporary, and
secure shelter and accommodations for passengers in transit.
``(iii) The Secretary's designee or an authorized State
official carrying out motor carrier safety enforcement
activities under section 31102, shall immediately notify the
owner of a commercial motor vehicle of the impoundment and
the opportunity for review of the impoundment. A review shall
be provided in accordance with section 554 of title 5, except
that the review shall occur not later than 10 days after the
impoundment.
``(B) Issuance of regulations.--The Secretary shall
promulgate regulations on the use of impoundment or
immobilization of commercial motor vehicles as a means of
enforcing additional out-of-service orders issued under
chapters 5, 51, 131 through 149, 311, 313, or 315 of this
title, or a regulation promulgated thereunder. Regulations
promulgated under this subparagraph shall include
consideration of public safety, the protection of passengers
and cargo, inconvenience to passengers, and the security of
the commercial motor vehicle.
``(C) Definition.--In this paragraph, the term
`impoundment' or 'impounding' means the seizing and taking
into custody of a commercial motor vehicle or the
immobilizing of a commercial motor vehicle through the
attachment of a locking device or other mechanical or
electronic means.''.

SEC. 32507. INCREASED PENALTIES FOR EVASION OF REGULATIONS.

(a) Penalties.--Section 524 is amended--
(1) by striking ``knowingly and willfully'';
(2) by inserting after ``this chapter'' the following: ``,
chapter 51, subchapter III of chapter 311 (except sections
31138 and 31139) or section 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a regulation
issued under any of those provisions,'';
(3) by striking ``$200 but not more than $500'' and
inserting ``$2,000 but not more than $5,000''; and
(4) by striking ``$250 but not more than $2,000'' and
inserting ``$2,500 but not more than $7,500''.
(b) Evasion of Regulation.--Section 14906 is amended--
(1) by striking ``$200'' and inserting ``at least $2,000'';
(2) by striking ``$250'' and inserting ``$5,000''; and
(3) by inserting after ``a subsequent violation'' the
following:
``, and may be subject to criminal penalties''.

SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALIFYING
OFFENSE.

(a) In General.--Chapter 311 is amended by inserting after
section 31151 the following:

``Sec.  31152. Disqualification for failure to pay

``An individual assessed a civil penalty under this
chapter, or chapters 5, 51, or 149 of this title, or a
regulation issued under any of those provisions, who fails to
pay the penalty or fails to comply with the terms of a
settlement with the Secretary, shall be disqualified from
operating a commercial motor vehicle after the individual is
notified in writing and is given an opportunity to respond. A
disqualification shall continue until the penalty is paid, or
the individual complies with the terms of the settlement,
unless the nonpayment is because the individual is a debtor
in a case under chapter 11 of title 11, United States
Code.''.
(b) Technical Amendments.--Section 31310, as amended by
sections _2206 and _2310 of this Act, is amended--
(1) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Disqualification for Failure To Pay.--The Secretary
shall disqualify from operating a commercial motor vehicle
any individual who fails to pay a civil penalty within the
prescribed period, or fails to conform to the terms of a
settlement with the Secretary. A disqualification shall
continue until the penalty is paid, or the individual
conforms to the terms of the settlement, unless the
nonpayment is because the individual is a debtor in a case
under chapter 11 of title 11, United States Code.''; and
(3) in subsection (i), as redesignated, by striking
``Notwithstanding subsections (b) through (g)'' and inserting
``Notwithstanding subsections (b) through (h)''.
(c) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31151
the following:

``31152. Disqualification for failure to pay.''.

SEC. 32509. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE
SAFETY REGULATION AND OPERATORS.

Section 521(b)(2)(D) is amended by striking ``ability to
pay,''.

SEC. 32510. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD.

Section 31310(f) is amended--
(1) in paragraph (1) by inserting ``section 521 or'' before
``section 5102''; and
(2) in paragraph (2) by inserting ``section 521 or'' before
``section 5102''.

SEC. 32511. INTRASTATE OPERATIONS OF INTERSTATE MOTOR
CARRIERS.

(a) Prohibited Transportation.--Section 521(b)(5) is
amended by inserting after subparagraph (B) the following:
``(C) If an employee, vehicle, or all or part of an
employer's commercial motor vehicle operations is ordered out
of service under paragraph (5)(A), the commercial motor
vehicle operations of the employee, vehicle, or employer that
affect interstate commerce are also prohibited.''.
(b) Prohibition on Operation in Interstate Commerce After
Nonpayment of Penalties.--Section 521(b)(8) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Additional prohibition.--A person prohibited from
operating in interstate commerce under paragraph (8)(A) may
not operate any commercial motor vehicle where the operation
affects interstate commerce.''.

SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND REGULATIONS.

(a) Enforcement of Safety Laws and Regulations.--Chapter
311, as amended by

[[Page S764]]

sections _2113 and _2508 of this Act, is amended by adding
after section 31153 the following:

``Sec.  31154. Enforcement of safety laws and regulations

``(a) In General.--The Secretary may bring a civil action
to enforce this part, or a regulation or order of the
Secretary under this part, when violated by an employer,
employee, or other person providing transportation or service
under this subchapter or subchapter I.
``(b) Venue.--In a civil action under subsection (a)--
``(1) trial shall be in the judicial district in which the
employer, employee, or other person operates;
``(2) process may be served without regard to the
territorial limits of the district or of the State in which
the action is instituted; and
``(3) a person participating with a carrier or broker in a
violation may be joined in the civil action without regard to
the residence of the person.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31153
the following:

``31154. Enforcement of safety laws and regulations.''.

SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES.

Section 31106(e) is amended--
(1) by redesignating subsection (e) as subsection (e)(1);
and
(2) by inserting at the end the following:
``(2) In general.--Notwithstanding any prohibition on
disclosure of information in section 31105(h) or 31143(b) of
this title or section 552a of title 5, the Secretary may
disclose information maintained by the Secretary pursuant to
chapters 51, 135, 311, or 313 of this title to appropriate
personnel of a State agency or instrumentality authorized to
carry out State commercial motor vehicle safety activities
and commercial driver's license laws, or appropriate
personnel of a local law enforcement agency, in accordance
with standards, conditions, and procedures as determined by
the Secretary. Disclosure under this section shall not
operate as a waiver by the Secretary of any applicable
privilege against disclosure under common law or as a basis
for compelling disclosure under section 552 of title 5.''.

Subtitle F--Compliance, Safety, Accountability

SEC. 32601. COMPLIANCE, SAFETY, ACCOUNTABILITY.

(a) In General.--Section 31102 is amended--
(1) by amending the section heading to read:

``Sec.  31102. Compliance, safety, and accountability
grants'';

(2) by amending subsection (a) to read as follows:
``(a) General Authority.--Subject to this section, the
Secretary of Transportation shall make and administer a
compliance, safety, and accountability grant program to
assist States, local governments, and other entities and
persons with motor carrier safety and enforcement on highways
and other public roads, new entrant safety audits, border
enforcement, hazardous materials safety and security,
consumer protection and household goods enforcement, and
other programs and activities required to improve the safety
of motor carriers as determined by the Secretary. The
Secretary shall allocate funding in accordance with section
31104 of this title.'';
(3) in subsection (b)--
(A) by amending the heading to read as follows:
``(b) Motor Carrier Safety Assistance Program.--'';
(B) by redesignating paragraphs (1) through (3) as (2)
through (4), respectively;
(C) by inserting before paragraph (2), as redesignated, the
following:
``(1) Program goal.--The goal of the Motor Carrier Safety
Assistance Program is to ensure that the Secretary, States,
local government agencies, and other political jurisdictions
work in partnership to establish programs to improve motor
carrier, commercial motor vehicle, and driver safety to
support a safe and efficient surface transportation system
by--
``(A) making targeted investments to promote safe
commercial motor vehicle transportation, including
transportation of passengers and hazardous materials;
``(B) investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and fatalities resulting from such crashes;
``(C) adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations and
practices consistent with Federal requirements; and
``(D) assessing and improving statewide performance by
setting program goals and meeting performance standards,
measures, and benchmarks.'';
(D) in paragraph (2), as redesignated--
(i) by striking ``make a declaration of'' in subparagraph
(I) and inserting ``demonstrate'';
(ii) by amending subparagraph (M) to read as follows:
``(M) ensures participation in appropriate Federal Motor
Carrier Safety Administration systems and other information
systems by all appropriate jurisdictions receiving Motor
Carrier Safety Assistance Program funding;'';
(iii) in subparagraph (Q), by inserting ``and dedicated
sufficient resources to'' between ``established'' and ``a
program'';
(iv) in subparagraph (W), by striking ``and'' after the
semicolon;
(v) by amending subparagraph (X) to read as follows:
``(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, weigh station, rest stop, turnpike service area,
or a location where adequate food, shelter, and sanitation
facilities are available for passengers, and reasonable
accommodation is available for passengers with disabilities;
and''; and
(vi) by adding after subparagraph (X) the following:
``(Y) ensures that the State will transmit to its roadside
inspectors the notice of each Federal exemption granted
pursuant to section 31315(b) and provided to the State by the
Secretary, including the name of the person granted the
exemption and any terms and conditions that apply to the
exemption.''; and
(E) by amending paragraph (4), as redesignated, to read as
follows:
``(4) Maintenance of effort.--
``(A) In general.--A plan submitted by a State under
paragraph (2) shall provide that the total expenditure of
amounts of the lead State agency responsible for implementing
the plan will be maintained at a level at least equal to the
average level of that expenditure for fiscal years 2004 and
2005.
``(B) Average level of state expenditures.--In estimating
the average level of State expenditure under subparagraph
(A), 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 State matching
amounts used to receive Government financing under this
subsection.
``(C) Waiver.--Upon the request of a State, the Secretary
may waive or modify the requirements of this paragraph for 1
fiscal year, if the Secretary determines that a waiver is
equitable due to exceptional or uncontrollable circumstances,
such as a natural disaster or a serious decline in the
financial resources of the State motor carrier safety
assistance program agency.'';
(4) by redesignating subsection (e) as subsection (h); and
(5) by inserting after subsection (d) the following:
``(e) New Entrant Safety Assurance Program.--
``(1) Program goal.--The Secretary may make grants to
States and local governments for pre-authorization safety
audits and new entrant motor carrier audits as described in
section 31144(g).
``(2) Recipients.--Grants made in support of this program
may be provided to States and local governments.
``(3) Federal share.--The Federal share of a grant made
under this program is 100 percent.
``(4) Eligible activities.--Eligible activities will be in
accordance with criteria developed by the Secretary and
posted in the Federal Register in advance of the grant
application period.
``(5) Determination.--If the Secretary determines that a
State or local government is unable to conduct a new entrant
motor carrier audit, the Secretary may use the funds to
conduct the audit.
``(f) Border Enforcement.--
``(1) Program goal.--The Secretary of Transportation may
make a grant for carrying out border commercial motor vehicle
safety programs and related enforcement activities and
projects.
``(2) Recipients.--The Secretary of Transportation may make
a grant to an entity, State, or other person for carrying out
border commercial motor vehicle safety programs and related
enforcement activities and projects.
``(3) Federal share.--The Secretary shall reimburse a
grantee at least 80 percent of the costs incurred in a fiscal
year for carrying out border commercial motor vehicle safety
programs and related enforcement activities and projects.
``(4) Eligible activities.--An eligible activity will be in
accordance with criteria developed by the Secretary and
posted in the Federal Register in advance of the grant
application period.
``(g) High Priority Initiatives.--
``(1) Program goal.--The Secretary may make grants to carry
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--
``(A) are national in scope;
``(B) increase public awareness and education;
``(C) target unsafe driving of commercial motor vehicles
and non-commercial motor vehicles in areas identified as high
risk crash corridors;
``(D) improve consumer protection and enforcement of
household goods regulations;
``(E) improve the movement of hazardous materials safely
and securely, including activities related to the
establishment of uniform forms and application procedures
that

[[Page S765]]

improve the accuracy, timeliness, and completeness of
commercial motor vehicle safety data reported to the
Secretary; or
``(F) demonstrate new technologies to improve commercial
motor vehicle safety.
``(2) Recipients.--The Secretary may allocate amounts to
award grants to State agencies, local governments, and other
persons for carrying out high priority activities and
projects that improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations
in accordance with the program goals specified in paragraph
(1).
``(3) Federal share.--The Secretary shall reimburse a
grantee at least 80 percent of the costs incurred in a fiscal
year for carrying out the high priority activities or
projects.
``(4) Eligible activities.--An eligible activity will be in
accordance with criteria that is--
``(A) developed by the Secretary; and
``(B) posted in the Federal Register in advance of the
grant application period.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by striking the item relating to section 31102 and
inserting the following:

``31102. Compliance, safety, and accountability grants.''.

SEC. 32602. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS
MANAGEMENT PROGRAM.

Section 31106(b) is amended--
(1) by amending paragraph (3)(C) to read as follows--
``(C) establish and implement a process--
``(i) to cancel the motor vehicle registration and seize
the registration plates of a vehicle when an employer is
found liable under section 31310(j)(2)(C) for knowingly
allowing or requiring an employee to operate such a
commercial motor vehicle in violation of an out-of-service
order; and
``(ii) to reinstate the vehicle registration or return the
registration plates of the commercial motor vehicle, subject
to sanctions under clause (i), if the Secretary permits such
carrier to resume operations after the date of issuance of
such order.''; and
(2) by striking paragraph (4).

SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED.

Section 31101(1) is amended to read as follows:
``(1) `commercial motor vehicle' means (except under
section 31106) a self-propelled or towed vehicle used on the
highways in commerce to transport passengers or property, if
the vehicle--
``(A) has a gross vehicle weight rating or gross vehicle
weight of at least 10,001 pounds, whichever is greater;
``(B) is designed or used to transport more than 8
passengers, including the driver, for compensation;
``(C) is designed or used to transport more than 15
passengers, including the driver, and is not used to
transport passengers for compensation; or
``(D) is used in transporting material found by the
Secretary of Transportation to be hazardous under section
5103 and transported in a quantity requiring placarding under
regulations prescribed by the Secretary under section
5103.''.

SEC. 32604. DRIVER SAFETY FITNESS RATINGS.

Section 31144, as amended by section 32204 of this Act, is
amended by adding at the end the following:
``(i) Commercial Motor Vehicle Drivers.--The Secretary may
maintain by regulation a procedure for determining the safety
fitness of a commercial motor vehicle driver and for
prohibiting the driver from operating in interstate commerce.
The procedure and prohibition shall include the following:
``(1) Specific initial and continuing requirements that a
driver must comply with to demonstrate safety fitness.
``(2) The methodology and continually updated safety
performance data that the Secretary will use to determine
whether a driver is fit, including inspection results,
serious traffic offenses, and crash involvement data.
``(3) Specific time frames within which the Secretary will
determine whether a driver is fit.
``(4) A prohibition period or periods, not to exceed 1
year, that a driver that the Secretary determines is not fit
will be prohibited from operating a commercial motor vehicle
in interstate commerce. The period or periods shall begin on
the 46th day after the date of the fitness determination and
continue until the Secretary determines the driver is fit or
until the prohibition period expires.
``(5) A review by the Secretary, not later than 30 days
after an unfit driver requests a review, of the driver's
compliance with the requirements with which the driver failed
to comply and that resulted in the Secretary determining that
the driver was not fit. The burden of proof shall be on the
driver to demonstrate fitness.
``(6) The eligibility criteria for reinstatement, including
the remedial measures the unfit driver must take for
reinstatement.''.

SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COMMERCIAL MOTOR
VEHICLE INSPECTIONS.

(a) In General.--Chapter 311 is amended by adding after
section 31109 the following:

``Sec.  31110. Withholding amounts for State noncompliance

``(a) First Fiscal Year.--Subject to criteria established
by the Secretary of Transportation, the Secretary may
withhold up to 50 percent of the amount a State is otherwise
eligible to receive under section 31102(b) on the first day
of the fiscal year after the first fiscal year following the
date of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012 in which the State uses for at least
180 days an electronic commercial motor vehicle inspection
selection system that does not employ a selection methodology
approved by the Secretary.
``(b) Second Fiscal Year.--The Secretary shall withhold up
to 75 percent of the amount a State is otherwise eligible to
receive under section 31102(b) on the first day of the fiscal
year after the second fiscal year following the date of
enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2012 in which the State uses for at least 180 days an
electronic commercial motor vehicle inspection selection
system that does not employ a selection methodology approved
by the Secretary.
``(c) Subsequent Availability of Withheld Funds.--The
Secretary may make the amounts withheld under subsection (a)
or subsection (b) available to the State if the Secretary
determines that the State has substantially complied with the
requirement described under subsection (a) or subsection (b)
not later than 180 days after the beginning of the fiscal
year in which amounts were withheld.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31109
the following:

``31110. Withholding amounts for State noncompliance.''.

SEC. 32606. AUTHORIZATION OF APPROPRIATIONS.

Section 31104 is amended to read as follows:

``Sec.  31104. Availability of amounts

``(a) In General.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) for Federal Motor Carrier Safety Administration
programs the following:
``(1) Compliance, safety, and accountability grants under
section 31102.--
``(A) $249,717,000 for fiscal year 2012, provided that the
Secretary shall set aside not less than $168,388,000 to carry
out the motor carrier safety assistance program under section
31102(b); and
``(B) $253,814,000 for fiscal year 2013, provided that the
Secretary shall set aside not less than $171,813,000 to carry
out the motor carrier safety assistance program under section
31102(b).
``(2) Data and technology grants under section 31109.--
``(A) $30,000,000 for fiscal year 2012; and
``(B) $30,000,000 for fiscal year 2013.
``(3) Driver safety grants under section 31313.--
``(A) $31,000,000 for fiscal year 2012; and
``(B) $31,000,000 for fiscal year 2013.
``(4) Criteria.--The Secretary shall develop criteria to
allocate the remaining funds under paragraphs (1), (2), and
(3) for fiscal year 2013 and for each fiscal year thereafter
not later than April 1 of the prior fiscal year.
``(b) Availability and Reallocation of Amounts.--
``(1) Allocations and reallocations.--Amounts made
available under subsection (a)(1) remain available until
expended. 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 released
to the Secretary for reallocation.
``(2) Redistribution of amounts.--The Secretary may, after
August 1 of each fiscal year, upon a determination that a
State does not qualify for funding under section 31102(b) or
that the State will not expend all of its existing funding,
reallocate the State's funding. In revising the allocation
and redistributing the amounts, the Secretary shall give
preference to those States that require additional funding to
meet program goals under section 31102(b).
``(3) Period of availability for data and technology
grants.--Amounts made available under subsection (a)(2)
remain available for obligation for the fiscal year and the
next 2 years in which they are appropriated. Allocations
remain available for expenditure in the State for 5 fiscal
years after they were obligated. Amounts not expended by a
State during those 3 fiscal years are released to the
Secretary for reallocation.
``(4) Period of availability for driver safety grants.--
Amounts made available under subsection (a)(3) of this
section remain available for obligation for the fiscal year
and the next fiscal year in which they are appropriated.
Allocations to a State remain available for expenditure in
the State for the fiscal year in which they are allocated and
for the following 2 fiscal years. Amounts not expended by a
State during those 3 fiscal years are released to the
Secretary for reallocation.
``(5) Reallocation.--The Secretary, upon a request by a
State, may reallocate grant funds previously awarded to the
State under a grant program authorized by section 31102,
31109, or 31313 to another grant program authorized by those
sections upon a showing by the State that it is unable to
expend the funds within the 12 months prior to their
expiration provided that the State agrees to expend the funds
within the remaining period of expenditure.
``(c) Grants as Contractual Obligations.--Approval by the
Secretary of a grant under sections 31102, 31109, and 31313
is a contractual obligation of the Government for

[[Page S766]]

payment of the Government's share of costs incurred in
developing and implementing programs to improve commercial
motor vehicle safety and enforce commercial driver's license
regulations, standards, and orders.
``(d) Deduction for Administrative Expenses.--
``(1) In general.--On October 1 of each fiscal year or as
soon after that as practicable, the Secretary may deduct,
from amounts made available under--
``(A) subsection (a)(1) for that fiscal year, not more than
1.5 percent of those amounts for administrative expenses
incurred in carrying out section 31102 in that fiscal year;
``(B) subsection (a)(2) for that fiscal year, not more than
1.4 percent of those amounts for administrative expenses
incurred in carrying out section 31109 in that fiscal year;
and
``(C) subsection (a)(3) for that fiscal year, not more than
1.4 percent of those amounts for administrative expenses
incurred in carrying out section 31313 in that fiscal year.
``(2) Training.--The Secretary may use at least 50 percent
of the amounts deducted from the amounts made available under
sections (a)(1) and (a)(3) to train non-Government employees
and to develop related training materials to carry out
sections 31102, 31311, and 31313 of this title.
``(3) Contracts.--The Secretary may use amounts deducted
under paragraph (1) to enter into contracts and cooperative
agreements with States, local governments, associations,
institutions, corporations, and other persons, if the
Secretary determines the contracts and cooperative agreements
are cost-effective, benefit multiple jurisdictions of the
United States, and enhance safety programs and related
enforcement activities.
``(e) Allocation Criteria and Eligibility.--
``(1) On October 1 of each fiscal year or as soon as
practicable after that date after making the deduction under
subsection (d)(1)(A), the Secretary shall allocate amounts
made available to carry out section 31102(b) for such fiscal
year among the States with plans approved under that section.
Allocation shall be made under the criteria prescribed by the
Secretary.
``(2) On October 1 of each fiscal year or as soon as
practicable after that date and after making the deduction
under subsection (d)(1)(B) or (d)(1)(C), the Secretary shall
allocate amounts made available to carry out sections
31109(a) and 31313(b)(1).
``(f) Intrastate Compatibility.--The Secretary shall
prescribe regulations specifying tolerance guidelines and
standards for ensuring compatibility of intrastate commercial
motor vehicle safety laws and regulations with Government
motor carrier safety regulations to be enforced under section
31102(b). To the extent practicable, the guidelines and
standards shall allow for maximum flexibility while ensuring
a degree of uniformity that will not diminish transportation
safety. In reviewing State plans and allocating amounts or
making grants under section 153 of title 23, United States
Code, the Secretary shall ensure that the guidelines and
standards are applied uniformly.
``(g) Withholding Amounts for State Noncompliance.--
``(1) In general.--Subject to criteria established by the
Secretary, the Secretary may withhold up to 100 percent of
the amounts a State is otherwise eligible to receive under
section 31102(b) on October 1 of each fiscal year beginning
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012 and continuing for the period
that the State does not comply substantially with a
requirement under section 31109(b).
``(2) Subsequent availability of withheld funds.--The
Secretary may make the amounts withheld in accordance with
paragraph (1) available to a State if the Secretary
determines that the State has substantially complied with a
requirement under section 31109(b) not later than 180 days
after the beginning of the fiscal year in which the amounts
are withheld.
``(h) 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 to
pay administrative expenses of the Federal Motor Carrier
Safety Administration--
``(A) $250,819,000 for fiscal year 2012; and
``(B) $248,523,000 for fiscal year 2013.
``(2) Use of funds.--The funds authorized by this
subsection shall be used for personnel costs, administrative
infrastructure, rent, information technology, programs for
research and technology, information management, regulatory
development, the administration of the performance and
registration information system management, outreach and
education, other operating expenses, and such other expenses
as may from time to time be necessary to implement statutory
mandates of the Administration not funded from other sources.
``(i) Availability of Funds.--
``(1) Period of availability.--The amounts made available
under this section shall remain available until expended.
``(2) Initial date of availability.--Authorizations from
the Highway Trust Fund (other than the Mass Transit Account)
for 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.''.

SEC. 32607. HIGH RISK CARRIER REVIEWS.

(a) High Risk Carrier Reviews.--Section 31104(h), as
amended by section 32606 of this Act, is amended by adding at
the end of paragraph (2) the following:
``From the funds authorized by this subsection, the
Secretary shall ensure that a review is completed on each
motor carrier that demonstrates through performance data that
it poses the highest safety risk. At a minimum, a review
shall be conducted whenever a motor carrier is among the
highest risk carriers for 2 consecutive months.''.
(b) Conforming Amendment.--Section 4138 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31144 note) is repealed.

SEC. 32608. DATA AND TECHNOLOGY GRANTS.

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

``Sec.  31109. Data and technology grants

``(a) General Authority.--The Secretary of Transportation
shall establish and administer a data and technology grant
program to assist the States with the implementation and
maintenance of data systems. The Secretary shall allocate the
funds in accordance with section 31104.
``(b) Performance Goals.--The Secretary may make a grant to
a State to implement the performance and registration
information system management requirements of section
31106(b) to develop, implement, and maintain commercial
vehicle information systems and networks, and other
innovative technologies that the Secretary determines improve
commercial motor vehicle safety.
``(c) Eligibility.--To be eligible for a grant to implement
the requirements of section 31106(b), the State shall design
a program that--
``(1) links Federal motor carrier safety information
systems with the State's motor carrier information systems;
``(2) determines 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
``(3) denies, suspends, or revokes the commercial motor
vehicle registrations of a motor carrier or registrant that
was issued an operations out-of-service order by the
Secretary.
``(d) Required Participation.--The Secretary shall require
States that participate in the program under section 31106
to--
``(1) comply with the uniform policies, procedures, and
technical and operational standards prescribed by the
Secretary under section 31106(b);
``(2) possess or seek the authority to possess for a time
period not 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
``(3) 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(j)(2)(C) for knowingly allowing or requiring an
employee to operate such a commercial motor vehicle in
violation of an out of service order.
``(e) Federal Share.--The total Federal share of the cost
of a project payable from all eligible Federal sources shall
be at least 80 percent.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by striking the item relating to section 31109 and
inserting the following:

``31109. Data and technology grants.''.

SEC. 32609. DRIVER SAFETY GRANTS.

(a) Driver Focused Grant Program.--Section 31313 is amended
to read as follows:

``Sec.  31313. Driver safety grants

``(a) General Authority.--The Secretary shall make and
administer a driver focused grant program to assist the
States, local governments, entities, and other persons with
commercial driver's license systems, programs, training,
fraud detection, reporting of violations and other programs
required to improve the safety of drivers as the Federal
Motor Carrier Safety Administration deems critical. The
Secretary shall allocate the funds for the program in
accordance with section 31104.
``(b) Commercial Driver's License Program Improvement
Grants.--
``(1) Program goal.--The Secretary of Transportation may
make a grant to a State in a fiscal year--
``(A) to comply with the requirements of section 31311;
``(B) in the case of a State that is making a good faith
effort toward substantial compliance with the requirements of
this section and section 31311, to improve its implementation
of its commercial driver's license program;
``(C) for 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;
``(D) for commercial driver's license program coordinators;
``(E) to implement or maintain a system to notify an
employer of an operator of a commercial motor vehicle of the
suspension or revocation of the operator's commercial
driver's license consistent with the standards developed
under section 32304(b) of the Commercial Motor Vehicle Safety
Enhancement Act of 2012; or

[[Page S767]]

``(F) to train operators of commercial motor vehicles, as
defined under section 31301, and to train operators and
future operators in the safe use of such vehicles. Funding
priority for this discretionary grant program shall be to
regional or multi-state educational or nonprofit associations
serving economically distressed regions of the United States.
``(2) Priority.--The Secretary shall give priority, in
making grants under paragraph (1)(B), to a State that will
use the grants to achieve compliance with the requirements of
the Motor Carrier Safety Improvement Act of 1999 (113 Stat.
1748), including the amendments made by the Commercial Motor
Vehicle Safety Enhancement Act of 2012.
``(3) Recipients.--The Secretary may allocate grants to
State agencies, local governments, and other persons for
carrying out activities and projects that improve commercial
driver's license safety and compliance with commercial
driver's license and commercial motor vehicle safety
regulations in accordance with the program goals under
paragraph (1) and that train operators on commercial motor
vehicles. The Secretary may make a grant to a State to comply
with section 31311 for commercial driver's license program
coordinators and for notification systems.
``(4) Federal share.--The Federal share of a grant made
under this program shall be at least 80 percent, except that
the Federal share of grants for commercial driver license
program coordinators and training commercial motor vehicle
operators shall be 100 percent.''.
(b) Conforming Amendment.--The analysis of chapter 313 is
amended by striking the item relating to section 31313 and
inserting the following:

``31313. Driver safety grants.''.

SEC. 32610. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND
NETWORKS.

Not later than 6 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives that includes--
(1) established time frames and milestones for resuming the
Commercial Vehicle Information Systems and Networks Program;
and
(2) a strategic workforce plan for its grants management
office to ensure that it has determined the skills and
competencies that are critical to achieving its mission
goals.

Subtitle G--Motorcoach Enhanced Safety Act of 2012

SEC. 32701. SHORT TITLE.

This subtitle may be cited as the ``Motorcoach Enhanced
Safety Act of 2012''.

SEC. 32702. DEFINITIONS.

In this subtitle:
(1) Advanced glazing.--The term ``advanced glazing'' means
glazing installed in a portal on the side or the roof of a
motorcoach that is designed to be highly resistant to partial
or complete occupant ejection in all types of motor vehicle
crashes.
(2) Bus.--The term ``bus'' has the meaning given the term
in section 571.3(b) of title 49, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act).
(3) Commercial motor vehicle.--Except as otherwise
specified, the term ``commercial motor vehicle'' has the
meaning given the term in section 31132(1) of title 49,
United States Code.
(4) Direct tire pressure monitoring system.--The term
``direct tire pressure monitoring system'' means a tire
pressure monitoring system that is capable of directly
detecting when the air pressure level in any tire is
significantly under-inflated and providing the driver a low
tire pressure warning as to which specific tire is
significantly under-inflated.
(5) Electronic on-board recorder.--The term ``electronic
on-board recorder'' means an electronic device that acquires
and stores data showing the record of duty status of the
vehicle operator and performs the functions required of an
automatic on-board recording device in section 395.15(b) of
title 49, Code of Federal Regulations.
(6) Event data recorder.--The term ``event data recorder''
has the meaning given that term in section 563.5 of title 49,
Code of Federal Regulations.
(7) Motor carrier.--The term ``motor carrier'' means--
(A) a motor carrier (as defined in section 13102(14) of
title 49, United States Code); or
(B) a motor private carrier (as defined in section
13102(15) of that title).
(8) Motorcoach.--The term ``motorcoach'' has the meaning
given the term ``over-the-road bus'' in section 3038(a)(3) of
the Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note), but does not include--
(A) a bus used in public transportation provided by, or on
behalf of, a public transportation agency; or
(B) a school bus, including a multifunction school activity
bus.
(9) Motorcoach services.--The term ``motorcoach services''
means passenger transportation by motorcoach for
compensation.
(10) Multifunction school activity bus.--The term
``multifunction school activity bus'' has the meaning given
the term in section 571.3(b) of title 49, Code of Federal
Regulations (as in effect on the day before the date of
enactment of this Act).
(11) Portal.--The term ``portal'' means any opening on the
front, side, rear, or roof of a motorcoach that could, in the
event of a crash involving the motorcoach, permit the partial
or complete ejection of any occupant from the motorcoach,
including a young child.
(12) Provider of motorcoach services.--The term ``provider
of motorcoach services'' means a motor carrier that provides
passenger transportation services with a motorcoach,
including per-trip compensation and contracted or chartered
compensation.
(13) Public transportation.--The term ``public
transportation'' has the meaning given the term in section
5302 of title 49, United States Code.
(14) Safety belt.--The term ``safety belt'' has the meaning
given the term in section 153(i)(4)(B) of title 23, United
States Code.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION,
PASSENGER EVACUATION, AND CRASH AVOIDANCE.

(a) Regulations Required Within 1 Year.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall prescribe regulations requiring safety belts to be
installed in motorcoaches at each designated seating
position.
(b) Regulations Required Within 2 Years.--Not later than 2
years after the date of enactment of this Act, the Secretary
shall prescribe the following commercial motor vehicle
regulations:
(1) Roof strength and crush resistance.--The Secretary
shall establish improved roof and roof support standards for
motorcoaches that substantially improve the resistance of
motorcoach roofs to deformation and intrusion to prevent
serious occupant injury in rollover crashes involving
motorcoaches.
(2) Anti-ejection safety countermeasures.--The Secretary
shall require advanced glazing to be installed in each
motorcoach portal and shall consider other portal
improvements to prevent partial and complete ejection of
motorcoach passengers, including children. In prescribing
such standards, the Secretary shall consider the impact of
such standards on the use of motorcoach portals as a means of
emergency egress.
(3) Rollover crash avoidance.--The Secretary shall require
motorcoaches to be equipped with stability enhancing
technology, such as electronic stability control and torque
vectoring, to reduce the number and frequency of rollover
crashes among motorcoaches.
(c) Commercial Motor Vehicle Tire Pressure Monitoring
Systems.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall prescribe the following
commercial vehicle regulation:
(1) In general.--The Secretary shall require motorcoaches
to be equipped with direct tire pressure monitoring systems
that warn the operator of a commercial motor vehicle when any
tire exhibits a level of air pressure that is below a
specified level of air pressure established by the Secretary.
(2) Performance requirements.--The regulation prescribed by
the Secretary under this subsection shall include performance
requirements to ensure that direct tire pressure monitoring
systems are capable of--
(A) providing a warning to the driver when 1 or more tires
are underinflated;
(B) activating in a specified time period after the
underinflation is detected; and
(C) operating at different vehicle speeds.
(d) Application of Regulations.--
(1) New motorcoaches.--Any regulation prescribed in
accordance with subsection (a), (b), or (c) shall apply to
all motorcoaches manufactured more than 2 years after the
date on which the regulation is published as a final rule.
(2) Retrofit requirements for existing motorcoaches.--
(A) In general.--The Secretary may, by regulation, provide
for the application of any requirement established under
subsection (a) or (b)(2) to motorcoaches manufactured before
the date on which the requirement applies to new motorcoaches
under paragraph (1) based on an assessment of the
feasibility, benefits, and costs of retrofitting the older
motorcoaches.
(B) Assessment.--The Secretary shall complete an assessment
with respect to safety belt retrofits not later than 1 year
after the date of enactment of this Act and with respect to
anti-ejection countermeasure retrofits not later than 2 years
after the date of enactment of this Act.
(e) Failure To Meet Deadline.--If the Secretary determines
that a final rule cannot be issued before the deadline
established under this section, the Secretary shall--
(1) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that explains
why the deadline cannot be met; and
(2) establish a new deadline for the issuance of the final
rule.

SEC. 32704. STANDARDS FOR IMPROVED FIRE SAFETY.

(a) Evaluations.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall initiate the
following rulemaking proceedings:
(1) Flammability standard for exterior components.--The
Secretary shall establish requirements for fire hardening or
fire resistance of motorcoach exterior components to prevent
fire and smoke inhalation injuries to occupants.

[[Page S768]]

(2) Smoke suppression.--The Secretary shall update Federal
Motor Vehicle Safety Standard Number 302 (49 C.F.R. 571.302;
relating to flammability of interior materials) to improve
the resistance of motorcoach interiors and components to
burning and permit sufficient time for the safe evacuation of
passengers from motorcoaches.
(3) Prevention of, and resistance to, wheel well fires.--
The Secretary shall establish requirements--
(A) to prevent and mitigate the propagation of wheel well
fires into the passenger compartment; and
(B) to substantially reduce occupant deaths and injuries
from such fires.
(4) Automatic fire suppression.--The Secretary shall
establish requirements for motorcoaches to be equipped with
highly effective fire suppression systems that automatically
respond to and suppress all fires in such motorcoaches.
(5) Passenger evacuation.--The Secretary shall establish
requirements for motorcoaches to be equipped with--
(A) improved emergency exit window, door, roof hatch, and
wheelchair lift door designs to expedite access and use by
passengers of motorcoaches under all emergency circumstances,
including crashes and fires; and
(B) emergency interior lighting systems, including
luminescent or retroreflectorized delineation of evacuation
paths and exits, which are triggered by a crash or other
emergency incident to accomplish more rapid and effective
evacuation of passengers.
(6) Causation and prevention of motorcoach fires.--The
Secretary shall examine the principle causes of motorcoach
fires and vehicle design changes intended to reduce the
number of motorcoach fires resulting from those principle
causes.
(b) Deadline.--Not later than 42 months after the date of
enactment of this Act, the Secretary shall--
(1) issue final rules in accordance with subsection (a); or
(2) if the Secretary determines that any standard is not
warranted based on the requirements and considerations set
forth in subsection (a) and (b) of section 30111 of title 49,
United States Code, submit a report that describes the
reasons for not prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(c) Tire Performance Standard.--Not later than 3 years
after the date of enactment of this Act, the Secretary
shall--
(1) issue a final rule upgrading performance standards for
tires used on motorcoaches, including an enhanced endurance
test and a new high-speed performance test; or
(2) if the Secretary determines that a standard is not
warranted based on the requirements and considerations set
forth in subsections (a) and (b) of section 30111 of title
49, United States Code, submit a report that describes the
reasons for not prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE
CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND
TESTING.

(a) Safety Research Initiatives.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
complete the following research and testing:
(1) Improved fire extinguishers.--The Secretary shall
research and test the need to install improved fire
extinguishers or other readily available firefighting
equipment in motorcoaches to effectively extinguish fires in
motorcoaches and prevent passenger deaths and injuries.
(2) Interior impact protection.--The Secretary shall
research and test enhanced occupant impact protection
standards for motorcoach interiors to reduce substantially
serious injuries for all passengers of motorcoaches.
(3) Compartmentalization safety countermeasures.--The
Secretary shall require enhanced compartmentalization safety
countermeasures for motorcoaches, including enhanced seating
designs, to substantially reduce the risk of passengers being
thrown from their seats and colliding with other passengers,
interior surfaces, and components in the event of a crash
involving a motorcoach.
(4) Collision avoidance systems.--The Secretary shall
research and test forward and lateral crash warning systems
applications for motorcoaches.
(b) Rulemaking.--Not later than 2 years after the
completion of each research and testing initiative required
under subsection (a), the Secretary shall issue final motor
vehicle safety standards if the Secretary determines that
such standards are warranted based on the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code.

SEC. 32706. MOTORCOACH REGISTRATION.

(a) Registration Requirements.--Section 13902(b) is
amended--
(1) by redesignating paragraphs (1) through (8) as
paragraphs (4) through (11), respectively; and
(2) by inserting before paragraph (4), as redesignated, the
following:
``(1) Additional registration requirements for providers or
motorcoach services.--In addition to meeting the requirements
under subsection (a)(1), the Secretary may not register a
person to provide motorcoach services until after the
person--
``(A) undergoes a preauthorization safety audit, including
verification, in a manner sufficient to demonstrate the
ability to comply with Federal rules and regulations, of--
``(i) a drug and alcohol testing program under part 40 of
title 49, Code of Federal Regulations;
``(ii) the carrier's system of compliance with hours-of-
service rules, including hours-of-service records;
``(iii) the ability to obtain required insurance;
``(iv) driver qualifications, including the validity of the
commercial driver's license of each driver who will be
operating under such authority;
``(v) disclosure of common ownership, common control,
common management, common familial relationship, or other
corporate relationship with another motor carrier or
applicant for motor carrier authority during the past 3
years;
``(vi) records of the State inspections, or of a Level I or
V Commercial Vehicle Safety Alliance Inspection, for all
vehicles that will be operated by the carrier;
``(vii) safety management programs, including vehicle
maintenance and repair programs; and
``(viii) the ability to comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the
Over-the-Road Bus Transportation Accessibility Act of 2007
(122 Stat. 2915);
``(B) has been interviewed to review safety management
controls and the carrier's written safety oversight policies
and practices; and
``(C) through the successful completion of a written
examination developed by the Secretary, has demonstrated
proficiency to comply with and carry out the requirements and
regulations described in subsection (a)(1).
``(2) Pre-authorization safety audit.--The pre-
authorization safety audit required under paragraph (1)(A)
shall be completed on-site not later than 90 days following
the submission of an application for operating authority.
``(3) Fee.--The Secretary may establish, under section 9701
of title 31, a fee of not more than $1,200 for new
registrants that as nearly as possible covers the costs of
performing a preauthorization safety audit. Amounts collected
under this subsection shall be deposited in the Highway Trust
Fund (other than the Mass Transit Account).''.
(b) Safety Reviews of New Operators.--Section 31144(g)(1)
is amended by inserting ``transporting property'' after
``each operator''.
(c) Conforming Amendment.--Section 24305(a)(3)(A)(i) is
amended by striking ``section 13902(b)(8)(A)'' and inserting
``section 13902(b)(11)(A)''.
(d) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.

SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE
PROVIDERS.

Section 31144, as amended by sections _2204 and _2604 of
this Act, is amended by adding at the end the following:
``(j) Periodic Safety Reviews of Providers of Motorcoach
Services.--
``(1) Safety review.--
``(A) In general.--The Secretary shall--
``(i) determine the safety fitness of all providers of
motorcoach services registered with the Federal Motor Carrier
Safety Administration; and
``(ii) assign a safety fitness rating to each such
provider.
``(B) Applicability.--Subparagraph (A) shall apply--
``(i) to any provider of motorcoach services registered
with the Administration after the date of enactment of the
Motorcoach Enhanced Safety Act of 2012 beginning not later
than 2 years after the date of such registration; and
``(ii) to any provider of motorcoach services registered
with the Administration on or before the date of enactment of
that Act beginning not later than 3 years after the date of
enactment of that Act.
``(2) Periodic review.--The Secretary shall establish, by
regulation, a process for monitoring the safety performance
of each provider of motorcoach services on a regular basis
following the assignment of a safety fitness rating,
including progressive intervention to correct unsafe
practices.
``(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required under
paragraph (2), the Secretary may organize special enforcement
strike forces targeting providers of motorcoach services.
``(4) Periodic update of safety fitness rating.--In
conducting the safety reviews required under this subsection,
the Secretary shall reassess the safety fitness rating of
each provider not less frequently than once every 3 years.
``(5) Motorcoach services defined.--In this subsection, the
term `provider of motorcoach services' has the meaning given
such term in section 32702 of the Motorcoach Enhanced Safety
Act of 2012.''.

SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF
ESTABLISHING A SYSTEM OF CERTIFICATION OF
TRAINING PROGRAMS.

Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the

[[Page S769]]

Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes the
feasibility, benefits, and costs of establishing a system of
certification of public and private schools and of motor
carriers and motorcoach operators that provide motorcoach
driver training.

SEC. 32709. REPORT ON DRIVER'S LICENSE REQUIREMENTS FOR 9- TO
15-PASSENGER VANS.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that examines requiring all
or certain classes of drivers operating a vehicle, which is
designed or used to transport not fewer than 9 and not more
than 15 passengers (including a driver) in interstate
commerce, to have a commercial driver's license passenger-
carrying endorsement and be tested in accordance with a drug
and alcohol testing program under part 40 of title 49, Code
of Federal Regulations.
(b) Considerations.--In developing the report under
subsection (a), the Secretary shall consider--
(1) the safety benefits of the requirement described in
subsection (a);
(2) the scope of the population that would be impacted by
such requirement;
(3) the cost to the Federal Government and State
governments to meet such requirement; and
(4) the impact on safety benefits and cost from limiting
the application of such requirement to certain drivers of
such vehicles, such as drivers who are compensated for
driving.

SEC. 32710. EVENT DATA RECORDERS.

(a) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary, after considering the
performance requirements for event data recorders for
passenger vehicles under part 563 of title 49, Code of
Federal Regulations, shall complete an evaluation of event
data recorders, including requirements regarding specific
types of vehicle operations, events and incidents, and
systems information to be recorded, for event data recorders
to be used on motorcoaches used by motor carriers in
interstate commerce.
(b) Standards and Regulations.--Not later than 2 years
after completing the evaluation required under subsection
(a), the Secretary shall issue standards and regulations
based on the results of that evaluation.

SEC. 32711. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR
VEHICLES OF PASSENGERS.

Not later than 3 years after the date of enactment of this
Act, the Secretary shall complete a rulemaking proceeding to
consider requiring States to conduct annual inspections of
commercial motor vehicles designed or used to transport
passengers, including an assessment of--
(1) the risks associated with improperly maintained or
inspected commercial motor vehicles designed or used to
transport passengers;
(2) the effectiveness of existing Federal standards for the
inspection of such vehicles in--
(A) mitigating the risks described in paragraph (1); and
(B) ensuring the safe and proper operation condition of
such vehicles; and
(3) the costs and benefits of a mandatory State inspection
program.

SEC. 32712. DISTRACTED DRIVING.

(a) In General.--Chapter 311, as amended by sections _2113,
_2508, and _2512 of this Act, is amended by adding after
section 31154 the following:

``Sec.  31155. Regulation of the use of distracting devices
in motorcoaches

``(a) In General.--Not later than 1 year after the date of
enactment of the Motorcoach Enhanced Safety Act of 2012, the
Secretary of Transportation shall prescribe regulations on
the use of electronic or wireless devices, including cell
phones and other distracting devices, by an individual
employed as the operator of a motorcoach (as defined in
section 32702 of that Act).
``(b) Basis for Regulations.--The Secretary shall base the
regulations prescribed under subsection (a) on accident data
analysis, the results of ongoing research, and other
information, as appropriate.
``(c) Prohibited Use.--Except as provided under subsection
(d), the Secretary shall prohibit the use of the devices
described in subsection (a) in circumstances in which the
Secretary determines that their use interferes with a
driver's safe operation of a motorcoach.
``(d) Permitted Use.--The Secretary may permit the use of a
device that is otherwise prohibited under subsection (c) if
the Secretary determines that such use is necessary for the
safety of the driver or the public in emergency
circumstances.''.
(b) Conforming Amendment.--The analysis for chapter 311 is
amended by inserting after the item relating to section 31154
the following:

``31155. Regulation of the use of distracting devices in
motorcoaches.''.

SEC. 32713. REGULATIONS.

Any standard or regulation prescribed or modified pursuant
to the Motorcoach Enhanced Safety Act of 2012 shall be
prescribed or modified in accordance with section 553 of
title 5, United States Code.

Subtitle H--Safe Highways and Infrastructure Preservation

SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS STUDY.

(a) Truck Size and Weight Limits Study.--Not later than 90
days after the date of enactment of this Act, the Secretary,
in consultation with each relevant State and other applicable
Federal agencies, shall commence a comprehensive truck size
and weight limits study. The study shall--
(1) provide data on accident frequency and factors related
to accident risk of each route of the National Highway System
in each State that allows a vehicle to operate with size and
weight limits that are in excess of the Federal law and
regulations and its correlation to truck size and weight
limits;
(2) evaluate the impacts to the infrastructure of each
route of the National Highway System in each State that
allows a vehicle to operate with size and weight limits that
are in excess of the Federal law and regulations, including--
(A) an analysis that quantifies the cost and benefits of
the impacts in dollars;
(B) an analysis of the percentage of trucks operating in
excess of the Federal size and weight limits; and
(C) an analysis that examines the ability of each State to
recover the cost for the impacts, or the benefits incurred;
(3) evaluate the impacts and frequency of violations in
excess of the Federal size and weight law and regulations to
determine the cost of the enforcement of the law and
regulations, and the effectiveness of the enforcement
methods;
(4) examine the relationship between truck performance and
crash involvement and its correlation to Federal size and
weight limits, including the impacts on crashes;
(5) assess the impacts that truck size and weight limits in
excess of the Federal law and regulations have in the risk of
bridge failure contributing to the structural deficiencies of
bridges or in the useful life of a bridge, including the
impacts resulting from the number of bridge loadings;
(6) analyze the impacts on safety and infrastructure in
each State that allows a truck to operate in excess of
Federal size and weight limitations in truck-only lanes; and
(7) compare and contrast the safety and infrastructure
impacts of the Federal limits regarding truck size and weight
limits in relation to--
(A) six-axle and other alternative configurations of
tractor-trailers; and
(B) safety records of foreign nations with truck size and
weight limits and tractor-trailer configurations that differ
from the Federal law and regulations.
(b) Report.--Not later than 2 years after the date that the
study is commenced under subsection (a), the Secretary shall
submit a final report on the study, including all findings
and recommendations, to the Committee on Commerce, Science,
and Transportation and the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE AND
WEIGHT LIMIT LAWS.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with
the States, shall begin to compile--
(1) a list for each State, as applicable, that describes
each route of the National Highway System that allows a
vehicle to operate in excess of the Federal truck size and
weight limits that--
(A) was authorized under State law on or before the date of
enactment of this Act; and
(B) was in actual and lawful operation on a regular or
periodic basis (including seasonal operations) on or before
the date of enactment of this Act;
(2) a list for each State, as applicable, that describes--
(A) the size and weight limitations applicable to each
segment of the National Highway System in that State as
listed under paragraph (1);
(B) each combination that exceeds the Interstate weight
limit, but that the Department of Transportation, other
Federal agency, or a State agency has determined on or before
the date of enactment of this Act, could be or could have
been lawfully operated in the State; and
(C) each combination that exceeds the Interstate weight
limit, but that the Secretary determines could have been
lawfully operated on a non-Interstate segment of the National
Highway System in the State on or before the date of
enactment of this Act; and
(3) a list of each State law that designates or allows
designation of size and weight limitations in excess of
Federal law and regulations on routes of the National Highway
System, including nondivisible loads.
(b) Specifications.--The Secretary, in consultation with
the States, shall specify whether the determinations under
paragraphs (1) and (2) of subsection (a) were made by the
Department of Transportation, other Federal agency, or a
State agency.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a final
report of the compilation under subsection (a) to the
Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.

[[Page S770]]

Subtitle I--Miscellaneous

PART I--DETENTION TIME STUDY

SEC. 32911. DETENTION TIME STUDY.

(a) Study.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall task the Motor
Carrier Safety Advisory Committee to study the extent to
which detention time contributes to drivers violating hours
of service requirements and driver fatigue. In conducting
this study, the Committee shall--
(1) examine data collected from driver and vehicle
inspections;
(2) consult with--
(A) motor carriers and drivers, shippers, and
representatives of ports and other facilities where goods are
loaded and unloaded;
(B) government officials; and
(C) other parties as appropriate; and
(3) provide recommendations to the Secretary for addressing
issues identified in the study.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall provide a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that includes
recommendations for legislation and for addressing the
results of the study.

SEC. 32912. PROHIBITION OF COERCION.

Section 31136(a) is amended by--
(1) striking ``and'' at the end of paragraph (3);
(2) striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) adding after subsection (4) the following:
``(5) an operator of a commercial motor vehicle is not
coerced by a motor carrier, shipper, receiver, or
transportation intermediary to operate a commercial motor
vehicle in violation of a regulation promulgated under this
section, or chapter 51 or chapter 313 of this title.''.

SEC. 32913. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

(a) Membership.--Section 4144(b)(1) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31100 note), is amended by
inserting ``nonprofit employee labor organizations
representing commercial motor vehicle drivers,'' after
``industry,''.
(b) Termination Date.--Section 4144(d) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31100 note), is amended by
striking ``March 31, 2012'' and inserting ``September 30,
2013''.

SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.

(a) Waiver Standards.--Section 31315(a) is amended--
(1) by inserting ``and'' at the end of paragraph (2);
(2) by striking paragraph (3); and
(3) redesignating paragraph (4) as paragraph (3).
(b) Exemption Standards.--Section 31315(b)(4) is amended--
(1) in subparagraph (A), by inserting ``(or, in the case of
a request for an exemption from the physical qualification
standards for commercial motor vehicle drivers, post on a web
site established by the Secretary to implement the
requirements of section 31149)'' after ``Federal Register'';
(2) by amending subparagraph (B) to read as follows:
``(B) Upon granting a request.--Upon granting a request and
before the effective date of the exemption, the Secretary
shall publish in the Federal Register (or, in the case of an
exemption from the physical qualification standards for
commercial motor vehicle drivers, post on a web site
established by the Secretary to implement the requirements of
section 31149) the name of the person granted the exemption,
the provisions from which the person is exempt, the effective
period, and the terms and conditions of the exemption.''; and
(3) in subparagraph (C), by inserting ``(or, in the case of
a request for an exemption from the physical qualification
standards for commercial motor vehicle drivers, post on a web
site established by the Secretary to implement the
requirements of section 31149)'' after ``Federal Register''.
(c) Providing Notice of Exemptions to State Personnel.--
Section 31315(b)(7) is amended to read as follows:
``(7) Notification of state compliance and enforcement
personnel.--Before the effective date of an exemption, the
Secretary shall notify a State safety compliance and
enforcement agency, and require the agency pursuant to
section 31102(b)(1)(Y) to notify the State's roadside
inspectors, that a person will be operating pursuant to an
exemption and the terms and conditions that apply to the
exemption.''.
(d) Pilot Programs.--Section 31315(c)(1) is amended by
striking ``in the Federal Register''.
(e) Report to Congress.--Section 31315 is amended by adding
after subsection (d) the following:
``(e) Report to Congress.--The Secretary shall submit an
annual report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives listing the waivers, exemptions, and pilot
programs granted under this section, and any impacts on
safety.
``(f) Web Site.--The Secretary shall ensure that the
Federal Motor Carrier Safety Administration web site includes
a link to the web site established by the Secretary to
implement the requirements under sections 31149 and 31315.
The link shall be in a clear and conspicuous location on the
home page of the Federal Motor Carrier Safety Administration
web site and be easily accessible to the public.''.

SEC. 32915. TRANSPORTATION OF HORSES.

Section 80502 is amended--
(1) in subsection (c), by striking ``This section does
not'' and inserting ``Subsections (a) and (b) shall 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'--
``(A) means a vehicle driven or drawn by mechanical power
and manufactured primarily for use on public highways; and
``(B) does not include a vehicle operated exclusively on a
rail or rails.''; and
(4) in subsection (e), as redesignated--
(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)''; and
(C) by striking ``On learning'' and inserting before ``of a
violation'' 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.
``(3) Civil action.--On learning''.

PART II--HOUSEHOLD GOODS TRANSPORTATION

SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR
HOUSEHOLD GOODS MOTOR CARRIERS.

(a) Section 13902(a)(2) is amended--
(1) in subparagraph (B), by striking ``section 13702(c);''
and inserting ``section 13702(c); and'';
(2) by amending subparagraph (C) to read as follows:
``(C) demonstrates, before being registered, through
successful completion of a proficiency examination
established by the Secretary, knowledge and intent to comply
with applicable Federal laws relating to consumer protection,
estimating, consumers' rights and responsibilities, and
options for limitations of liability for loss and damage.'';
and
(3) by striking subparagraph (D).
(b) Compliance Reviews of New Household Goods Motor
Carriers.--Section 31144(g), as amended by section 32102 of
this Act, is amended by adding at the end the following:
``(6) Additional requirements for household goods motor
carriers.--(A) In addition to the requirements of this
subsection, the Secretary shall require, by regulation, each
registered household goods motor carrier to undergo a
consumer protection standards review not later than 18 months
after the household goods motor carrier begins operations
under such authority.
``(B) Elements.--In the regulations issued pursuant to
subparagraph (A), the Secretary shall establish the elements
of the consumer protections standards review, including basic
management controls. In establishing the elements, the
Secretary shall consider the effects on small businesses and
shall consider establishing alternate locations where such
reviews may be conducted for the convenience of small
businesses.''.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.

SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS.

(a) Injunctive Relief.--Section 14704(a)(1) is amended by
striking ``and 14103'' and inserting ``, 14103, and
14915(c)''.
(b) Civil Penalties.--Section 14915(a)(1) is amended by
adding at the end the following:
``The United States may assign all or a portion of the
civil penalty to an aggrieved shipper. The Secretary of
Transportation shall establish criteria upon which such
assignments shall be made. The Secretary may order, after
notice and an opportunity for a proceeding, that a person
found holding a household goods shipment hostage return the
goods to an aggrieved shipper.''.

SEC. 32923. SETTLEMENT AUTHORITY.

(a) Settlement of General Civil Penalties.--Section 14901
is amended by adding at the end the following:
``(h) Settlement of Household Goods Civil Penalties.--
Nothing in this section shall be construed to prohibit the
Secretary from accepting partial payment of a civil penalty
as part of a settlement agreement in the public interest, or
from holding imposition of any part of a civil penalty in
abeyance.''.

[[Page S771]]

(b) Settlement of Household Goods Civil Penalties.--Section
14915(a) is amended by adding at the end the following:
``(4) Settlement authority.--Nothing in this section shall
be construed as prohibiting the Secretary from accepting
partial payment of a civil penalty as part of a settlement
agreement in the public interest, or from holding imposition
of any part of a civil penalty in abeyance.''.

SEC. 32924. HOUSEHOLD GOODS TRANSPORTATION ASSISTANCE
PROGRAM.

(a) Joint Assistance Program.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall
develop and implement a joint assistance program, through the
Federal Motor Carrier Safety Administration--
(1) to educate consumers about the household goods motor
carrier industry pursuant to the recommendations of the task
force established under section 2925 of this Act;
(2) to improve the Federal Motor Carrier Safety
Administration's implementation, monitoring, and coordination
of Federal and State household goods enforcement activities;
(3) to assist a consumer with the timely resolution of an
interstate household goods hostage situation, as appropriate;
and
(4) to conduct other enforcement activities as designated
by the Secretary.
(b) Joint Assistance Program Partnership.--The Secretary--
(1) may partner with 1 or more household goods motor
carrier industry groups to implement the joint assistance
program under subsection (a); and
(2) shall ensure that each participating household goods
motor carrier industry group--
(A) implements the joint assistance program in the best
interest of the consumer;
(B) implements the joint assistance program in the public
interest;
(C) accurately represents its financial interests in
providing household goods mover services in the normal course
of business and in assisting consumers resolving hostage
situations;
(D) does not hold itself out or misrepresent itself as an
agent of the Federal government;
(E) abides by Federal regulations and guidelines for the
provision of assistance and receipt of compensation for
household goods mover services; and
(F) accurately represents the Federal and State remedies
that are available to consumers for resolving interstate
household goods hostage situations.
(c) Report.--The Secretary shall submit a report annually
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives providing a
detailed description of the joint assistance program under
subsection (a).
(d) Prohibition.--The joint assistance program under
subsection (a) may not include the provision of funds by the
United States to a consumer for lost, stolen, or damaged
items.

SEC. 32925. HOUSEHOLD GOODS CONSUMER EDUCATION PROGRAM.

(a) Task Force.--The Secretary of Transportation shall
establish a task force to develop recommendations to ensure
that a consumer is informed of Federal law concerning the
transportation of household goods by a motor carrier,
including recommendations--
(1) on how to condense publication ESA 03005 of the Federal
Motor Carrier Safety Administration into a format that can be
more easily used by a consumer; and
(2) on the use of state-of-the-art education techniques and
technologies, including the use of the Internet as an
educational tool.
(b) Task Force Members.--The task force shall be comprised
of--
(1) individuals with expertise in consumer affairs;
(2) educators with expertise in how people learn most
effectively; and
(3) representatives of the household goods moving industry.
(c) Recommendations.--Not later than 1 year after the date
of enactment of this Act, the task force shall complete its
recommendations under subsection (a). Not later than 1 year
after the task force completes its recommendations under
subsection (a), the Secretary shall issue regulations
implementing the recommendations, as appropriate.
(d) Federal Advisory Committee Act Exemption.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
task force.
(e) Termination.--The task force shall terminate 2 years
after the date of enactment of this Act.

PART III--TECHNICAL AMENDMENTS

SEC. 32931. UPDATE OF OBSOLETE TEXT.

(a) Section 31137(e), as redesignated by section 32301 of
this Act, is amended by striking ``Not later than December 1,
1990, the Secretary shall prescribe'' and inserting ``The
Secretary shall maintain''.
(b) Section 31151(a) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Transportation shall
maintain a program to ensure that intermodal equipment used
to transport intermodal containers is safe and systematically
maintained.''; and
(2) by striking paragraph (4).
(c) Section 31307(b) is amended by striking ``Not later
than December 18, 1994, the Secretary shall prescribe'' and
inserting ``The Secretary shall maintain''.
(d) Section 31310(g)(1) is amended by striking ``Not later
than 1 year after the date of enactment of this Act, the''
and inserting ``The''.
(e) Section 4123(f) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1736), is amended by striking ``Not later than 1 year
after the date of enactment of this Act, the'' and inserting
``The''.

SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COMMISSION
REFERENCES.

(a) Safety Information and Intervention in Interstate
Commerce Commission Proceedings.--Chapter 3 is amended--
(1) by repealing section 307;
(2) in the analysis, by striking the item relating to
section 307;
(3) in section 333(d)(1)(C), by striking ``Interstate
Commerce Commission'' and inserting ``Surface Transportation
Board''; and
(4) in section 333(e)--
(A) by striking ``Interstate Commerce Commission'' and
inserting ``Surface Transportation Board''; and
(B) by striking ``Commission'' and inserting ``Board''.
(b) Filing and Procedure for Application to Abandon or
Discontinue.--Section 10903(b)(2) is amended by striking
``24706(c) of this title'' and inserting ``24706(c) of this
title before May 31, 1998''.
(c) Rights and Remedies of Persons Injured by Carriers or
Brokers.--
(1) Section 14704 is amended--
(A) in subsection (a)--
(i) by striking ``In General.--'' and all that follows
through ``injured'' and inserting ``Enforcement of Order.--A
person injured''; and
(ii) by redesignating paragraph (2) as subsection (b)(1);
and
(B) in subsection (b)--
(i) by redesignating subsection (b) as paragraph (2);
(ii) by striking ``Liability and Damages for Exceeding
Tariff Rate.--'' and all that follows through ``A carrier''
and inserting ``Exceeding tariff rate.--''; and
(iii) by striking ``Damages for violations.--'' in
paragraph (1), as redesignated, and inserting ``Other
violations.--''.
(2) Section 14705(c) is amended by striking ``14704(b)''
and inserting ``14704(b)(2)''.
(d) Technical Amendments to Part C of Subtitle V.--
(1) Section 24307(b)(3) is amended by striking ``Interstate
Commerce Commission'' and inserting ``Surface Transportation
Board''.
(2) Section 24311 is amended--
(A) by striking ``Interstate Commerce Commission'' and
inserting ``Surface Transportation Board'';
(B) by striking ``Commission'' each place it appears and
inserting ``Board''; and
(C) by striking ``Commission's'' and inserting ``Board's''.
(3) Section 24902 is amended--
(A) by striking ``Interstate Commerce Commission'' each
place it appears and inserting ``Surface Transportation
Board''; and
(B) by striking ``Commission'' each place it appears and
inserting ``Board''.
(4) Section 24904 is amended--
(A) by striking ``Interstate Commerce Commission'' and
inserting ``Surface Transportation Board''; and
(B) by striking ``Commission'' each place it appears and
inserting ``Board''.

SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Section 14504a(c)(1) is amended--
(1) in subparagraph (C), by striking ``sections'' and
inserting ``section''; and
(2) in subparagraph (D)(ii)(II) by striking the period at
the end and inserting ``; and''.
(b) Section 31103(a) is amended by striking ``section
31102(b)(1)(E)'' and inserting ``section 31102(b)(2)(E)''.
(c) Section 31103(b) is amended by striking ``authorized by
section 31104(f)(2)''.
(d) Section 31309(b)(2) is amended by striking ``31308(2)''
and inserting ``31308(3)''.

PART IV--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

SEC. 32941. SHORT TITLE.

This part may be cited as the ``Surface Transportation and
Freight Policy Act of 2012''.

SEC. 32942. ESTABLISHMENT OF A NATIONAL SURFACE
TRANSPORTATION AND FREIGHT POLICY.

(a) In General.--Subchapter I of chapter 3, as amended by
section 32932 of this Act, is amended--
(1) by redesignating sections 304 through 306 as sections
307 through 309, respectively;
(2) by redesignating sections 308 and 309 as sections 310
and 311, respectively;
(3) by redesignating sections 303 and 303a as sections 305
and 306, respectively; and
(4) by inserting after section 302 the following:

``Sec.  303. National surface transportation policy

``(a) Policy.--It is the policy of the United States to
develop a comprehensive national surface transportation
system that advances the national interest and defense,
interstate and foreign commerce, the efficient and safe
interstate mobility of people and goods, and the protection
of the environment. The system shall be built, maintained,
managed, and operated as a partnership between the Federal,
State, and local governments and the private sector and shall
be coordinated with the overall transportation system of the
United States, including the Nation's air, rail, pipeline,
and water transportation systems. The Secretary of
Transportation shall

[[Page S772]]

be responsible for carrying out this policy and for defining
the Federal government's role in the system.
``(b) Objectives.--The objectives of the policy shall be to
facilitate and advance--
``(1) the improved accessibility and reduced travel times
for persons and goods within and between nations, regions,
States, and metropolitan areas;
``(2) the safety and health of the public;
``(3) the security of the Nation and the public;
``(4) environmental protection;
``(5) energy conservation and security, including reducing
transportation-related energy use;
``(6) international and interstate freight movement, trade
enhancement, job creation, and economic development;
``(7) responsible planning to address population
distribution and employment and sustainable development;
``(8) the preservation and adequate performance of system-
critical transportation assets, as defined by the Secretary;
``(9) reasonable access to the national surface
transportation system for all system users, including rural
communities;
``(10) the sustainable, balanced, and adequate financing of
the national surface transportation system; and
``(11) innovation in transportation services,
infrastructure, and technology.
``(c) Goals.--
``(1) Specific goals.--The goals of the policy shall be--
``(A) to reduce average per capita peak period travel times
on an annual basis;
``(B) to reduce national motor vehicle-related and truck-
related fatalities by 50 percent by 2030;
``(C) to reduce national surface transportation delays per
capita on an annual basis;
``(D) to improve the access to employment opportunities and
other economic activities;
``(E) to increase the percentage of system-critical surface
transportation assets, as defined by the Secretary, that are
in a state of good repair by 20 percent by 2030;
``(F) to improve access to public transportation, intercity
passenger rail services, and non-motorized transportation
where travel demand warrants;
``(G) to reduce passenger and freight transportation
infrastructure-related delays entering into and out of
international points of entry on an annual basis;
``(H) to increase travel time reliability on major freight
corridors that connect major population centers to freight
generators and international gateways on an annual basis;
``(I) to ensure adequate transportation of domestic energy
supplies and promote energy security;
``(J) to maintain or reduce the percentage of gross
domestic product consumed by transportation costs; and
``(K) to reduce transportation-related impacts on the
environment and on communities on an annual basis.
``(2) Baselines.--Not later than 2 years after the date of
enactment of the Surface Transportation and Freight Policy
Act of 2012, the Secretary shall develop baselines for the
goals and shall determine appropriate methods of data
collection to measure the attainment of the goals.''.
(b) Freight Policy.--Subchapter I of chapter 3, as amended
by section 32942(a) of this Act, is amended by adding at the
end the following:

``Sec.  312. National freight transportation policy.

``(a) National Freight Transportation Policy.--It is the
policy of the United States to improve the efficiency,
operation, and security of the national transportation system
to move freight by leveraging investments and promoting
partnerships that advance interstate and foreign commerce,
promote economic competitiveness and job creation, improve
the safe and efficient mobility of goods, and protect the
public health and the environment.
``(b) Objectives.--The objectives of the policy are--
``(1) to target investment in freight transportation
projects that strengthen the economic competitiveness of the
United States with a focus on domestic industries and
businesses and the creation and retention of high-value jobs;
``(2) to promote and advance energy conservation and the
environmental sustainability of freight movements;
``(3) to facilitate and advance the safety and health of
the public, including communities adjacent to freight
movements;
``(4) to provide for systematic and balanced investment to
improve the overall performance and reliability of the
national transportation system to move freight, including
ensuring trade facilitation and transportation system
improvements are mutually supportive;
``(5) to promote partnerships between Federal, State, and
local governments, the private sector, and other
transportation stakeholders to leverage investments in
freight transportation projects; and
``(6) to encourage adoption of operational policies, such
as intelligent transportation systems, to improve the
efficiency of freight-related transportation movements and
infrastructure.''.
(c) Conforming Amendments.--The table of contents for
chapter 3 is amended--
(1) by redesignating the items relating to sections 304
through 306 as sections 307 through 309, respectively;
(2) by redesignating the items relating to sections 308 and
309 as sections 310 and 311, respectively;
(3) by redesignating the items relating to sections 303 and
303a as sections 305 and 306, respectively;
(4) by inserting after the item relating to section 302 the
following:

``303. National surface transportation policy.''; and
(5) by inserting after the item relating to section 311 the
following:

``312. National freight transportation policy.''.

SEC. 32943. SURFACE TRANSPORTATION AND FREIGHT STRATEGIC
PLAN.

(a) Surface Transportation and Freight Strategic Plan.--
Subchapter I of chapter 3, as amended by section 32942 of
this Act, is amended by inserting after section 303 the
following--

``Sec.  304. National surface transportation and freight
strategic performance plan.

``(a) Development.--Not later than 2 years after the date
of enactment of the Surface Transportation and Freight Policy
Act of 2012, the Secretary of Transportation shall develop
and implement a National Surface Transportation and Freight
Performance Plan to achieve the policy, objectives, and goals
set forth in sections 303 and 312 .
``(b) Contents.--The plan shall include--
``(1) an assessment of the current performance of the
national surface transportation system and an analysis of the
system's ability to achieve the policy, objectives, and goals
set forth in sections 303 and 312;
``(2) an analysis of emerging and long-term projected
trends, including economic and national trade policies, that
will impact the performance, needs, and uses of the national
surface transportation system, including the system to move
freight;
``(3) a description of the major challenges to effectively
meeting the policy, objectives, and goals set forth in
sections 303 and 312 and a plan to address such challenges;
``(4) a comprehensive strategy and investment plan to meet
the policy, objectives, and goals set forth in sections 303
and 312, including a strategy to develop the coalitions,
partnerships, and other collaborative financing efforts
necessary to ensure stable, reliable funding and completion
of freight corridors and projects;
``(5) initiatives to improve transportation modeling,
research, data collection, and analysis, including those to
assess impacts on public health, and environmental
conditions;
``(6) a plan for any reorganization of the Department of
Transportation or its agencies necessary to meet the policy,
objectives, and goals set forth in sections 303 and 312;
``(7) guidelines to encourage the appropriate balance of
means to finance the national transportation system to move
freight to implement the plan and the investment plan
proposed under paragraph (4); and
``(8) a list of priority freight corridors and gateways to
be improved and developed to meet the policy, objectives, and
goals set forth in section 312.
``(c) Consultation.--In developing the plan required by
subsection (a), the Secretary shall--
``(1) consult with appropriate Federal agencies, local,
State, and tribal governments, public and private
transportation stakeholders, non-profit organizations
representing transportation employees, appropriate foreign
governments, and other interested parties;
``(2) consider on-going Federal, State, and corridor-wide
transportation plans;
``(3) provide public notice and hearings and solicit public
comments on the plan, and
``(4) as appropriate, establish advisory committees to
assist with developing the plan.
``(d) Submittal and Publication.--The Secretary shall--
``(1) submit the completed plan to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives; and
``(2) post the completed plan on the Department of
Transportation's public web site.
``(e) Progress Reports.--The Secretary shall submit
biennial progress reports on the implementation of the plan
beginning 2 years after the date of submittal of the plan
under subsection (d)(1). Each progress report shall--
``(1) describe progress made toward fully implementing the
plan and achieving the policies, objectives, and goals
established under sections 303 and 312;
``(2) describe challenges and obstacles to full
implementation;
``(3) describe updates to the plan necessary to reflect
changed circumstances or new developments; and
``(4) make policy and legislative recommendations the
Secretary believes are necessary and appropriate to fully
implement the plan.
``(f) Data.--The Secretary shall have the authority to
conduct studies, gather information, and require the
production of data necessary to develop or update this plan,
consistent with Federal privacy standards.
``(g) Implementation.--The Secretary shall--
``(1) develop appropriate performance criteria and data
collections systems for each Federal surface transportation
program to evaluate:
``(A) whether such programs are consistent with the policy,
objectives, and goals established by sections 303 and 312;
and

[[Page S773]]

``(B) how effective such programs are in contributing to
the achievement of the policy, objectives, and goals
established by sections 303 and 312;
``(2) using the criteria developed under paragraph (1),
periodically evaluate each such program and provide the
results to the public;
``(3) based on the evaluation performed under paragraph
(2), make any necessary changes or improvements to such
programs to ensure such consistency and effectiveness;
``(4) implement this section in a manner that is consistent
with sections 302, 5503, 10101, and 13101 of this title and
section 101 of title 23 to the extent that such sections do
not conflict with the policy, objectives, and goals
established by sections 303 and 312;
``(5) review, update, and reissue all relevant surface
transportation planning requirements to ensure that such
requirements require that regional, State, and local surface
transportation planning efforts funded with Federal funds are
consistent with the policy, objectives, and goals established
by this section; and
``(6) require States and metropolitan planning
organizations to annually report on the use of Federal
surface transportation funds, including a description of--
``(A) which projects and priorities were funded with such
funds;
``(B) the rationale and method employed for apportioning
such funds to the projects and priorities; and
``(C) how the obligation of such funds is consistent with
or advances the policy, objectives, and goals established by
sections 303 and 312.''.
(b) Conforming Amendment.--The table of contents for
chapter 3 is amended by inserting after the item relating to
section 303 the following:

``304. National surface transportation and freight strategic
performance plan.''.

SEC. 32944. TRANSPORTATION INVESTMENT DATA AND PLANNING
TOOLS.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(1) develop new tools or improve existing tools to support
an outcome-oriented, performance-based approach to evaluate
proposed freight-related and other surface transportation
projects. These new or improved tools shall include--
(A) a systematic cost-benefit analysis;
(B) an evaluation of external effects on congestion,
pollution, the environment, and the public health;
(C) a valuation of modal alternatives; and
(D) other elements to assist in effective transportation
planning; and
(2) facilitate the collection of transportation-related
data to support a broad range of evaluation methods and
techniques such as demand forecasts, modal diversion
forecasts, estimates of the effect of proposed investments on
congestion, pollution, public health, and other factors, to
assist in making transportation investment decisions. At a
minimum, the Secretary, in consultation with other relevant
Federal agencies, shall consider any improvements to the
Commodity Flow Survey that reduce identified freight data
gaps and deficiencies and help evaluate forecasts of
transportation demand.
(b) Consultation.--To the extent practicable, the Secretary
shall consult with Federal, State, and local transportation
planners to develop, improve, and implement the tools and
collect the data under subsection (a).
(c) Establishment of Pilot Program.--
(1) Establishment.--To assist in the development of tools
under subsection (a) and to inform the National Surface
Transportation and Freight Performance Plan required by
section 304 of title 49, United States Code, the Secretary
shall establish a pilot program under which the Secretary
shall conduct case studies of States and metropolitan
planning organizations that are designed--
(A) to provide more detailed, in-depth analysis and data
collection with respect to transportation programs; and
(B) to apply rigorous methods of measuring and addressing
the effectiveness of program participants in achieving
national transportation goals.
(2) Preliminary requirements.--
(A) Solicitation.--The Secretary shall solicit applications
to participate in the pilot program from States and
metropolitan planning organizations.
(B) Notification.--A State or metropolitan planning
organization that desires to participate in the pilot program
shall notify the Secretary of such desire before a date
determined by the Secretary.
(C) Selection.--
(i) Number of program participants.--The Secretary shall
select to participate in the pilot program--

(I) not fewer than 3, and not more than 5, States; and
(II) not fewer than 3, and not more than 5, metropolitan
planning organizations.

(ii) Timing.--The Secretary shall select program
participants not later than 3 months after the date of
enactment of this Act.
(iii) Diversity of program participants.--The Secretary
shall, to the extent practicable, select program participants
that represent a broad range of geographic and demographic
areas (including rural and urban areas) and types of
transportation programs.
(d) Case Studies.--
(1) Baseline report.--Not later than 6 months after the
date of enactment of this Act, each program participant shall
submit to the Secretary a baseline report that--
(A) describes the reporting and data collection processes
of the program participant for transportation investments
that are in effect on the date of the report;
(B) assesses how effective the program participant is in
achieving the national surface transportation goals in
section 303 of title 49, United States Code;
(C) describes potential improvements to the methods and
metrics used to measure the effectiveness of the program
participant in achieving national surface transportation
goals in section 303 of title 49, United States Code, and the
challenges to implementing such improvements; and
(D) includes an assessment of whether, and specific reasons
why, the preparation and submission of the baseline report
may be limited, incomplete, or unduly burdensome, including
any recommendations for facilitating the preparation and
submission of similar reports in the future.
(2) Evaluation.--Each program participant shall work
cooperatively with the Secretary to evaluate the methods and
metrics used to measure the effectiveness of the program
participant in achieving national surface transportation
goals in section 303 of title 49, United States Code,
including--
(A) by considering the degree to which such methods and
metrics take into account--
(i) the factors that influence the effectiveness of the
program participant in achieving the national surface
transportation goals;
(ii) all modes of transportation; and
(iii) the transportation program as a whole, rather than
individual projects within the transportation program; and
(B) by identifying steps that could be used to implement
the potential improvements identified under paragraph (1)(C).
(3) Final report.--Not later than 18 months after the date
of enactment of this section, each program participant shall
submit to the Secretary a comprehensive final report that--
(A) contains an updated assessment of the effectiveness of
the program participant in achieving national surface
transportation goals under section 303 of title 49, United
States Code; and
(B) describes the ways in which the performance of the
program participant in collecting and reporting data and
carrying out the transportation program of the program
participant has improved or otherwise changed since the date
of submission of the baseline report under subparagraph (A).

SEC. 32945. NATIONAL FREIGHT INFRASTRUCTURE INVESTMENT
GRANTS.

(a) Establishment of Program.--Chapter 55 is amended by
adding at the end the following:

``SUBCHAPTER III--FINANCIAL ASSISTANCE

``Sec.  5581. National freight infrastructure investment
grants.

``(a) Establishment of Program.--The Secretary of
Transportation shall establish a competitive grant program to
provide financial assistance for capital investments that
improve the efficiency of the national transportation system
to move freight.
``(b) Eligible Projects.--An applicant is eligible for a
grant under this section for--
``(1) a port development or improvement project;
``(2) a multimodal terminal facility project;
``(3) a land port of entry project;
``(4) a freight rail improvement or capacity expansion
project;
``(5) an intelligent transportation system project
primarily for freight benefit that reduces congestion or
improves safety;
``(6) a project that improves access to a port or terminal
facility;
``(7) a highway project to reduce congestion or improve
safety; or
``(8) planning, preparation, or design of any project
described in paragraph (1), (2), (3), (4), (5), (6), or (7).
``(c) Project Selection Criteria.--In determining whether
to award a grant to an eligible applicant under this section,
the Secretary shall consider the extent to which the
project--
``(1) supports the objectives of the National Surface
Transportation and Freight Performance Plan developed under
section 304;
``(2) leverages Federal investment by encouraging non-
Federal contributions to the project, including contributions
from public-private partnerships;
``(3) improves the mobility of goods and commodities;
``(4) incorporates new and innovative technologies,
including freight-related intelligent transportation systems;
``(5) improves energy efficiency or reduces greenhouse gas
emissions;
``(6) helps maintain or protect the environment, including
reducing air and water pollution;
``(7) reduces congestion;
``(8) improves the condition of the freight infrastructure,
including bringing it into a state of good repair;
``(9) improves safety, including reducing transportation
accidents, injuries, and fatalities;
``(10) demonstrates that the proposed project cannot be
readily and efficiently realized without Federal support and
participation; and

[[Page S774]]

``(11) enhances national or regional economic development,
growth, and competitiveness.
``(d) Priority.--The Secretary shall give priority to
projects that have the highest system performance improvement
relative to their benefit-cost analysis, as measured by the
tools developed under section 32944 of the Surface
Transportation and Freight Policy Act of 2012 and those that
support domestic manufacturing of goods.
``(e) Letters of Intent.--
``(1) In general.--The Secretary may issue a letter of
intent to an applicant announcing an intention to obligate,
for a major 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.
``(2) Written notice.--Not later than 30 days before
issuing a letter under paragraph (1), the Secretary shall
provide written notice of the proposed letter or agreement to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives. The Secretary shall include
with the notification a copy of the proposed letter or
agreement, the criteria used under subsection (c) for
selecting the project for a grant award, and a description of
how the project meets such criteria.
``(3) Subject to availability of funds.--An obligation or
administrative commitment may be made only when amounts are
made available. Each letter of intent shall state that the
contingent commitment is not an obligation of the Federal
Government, and is subject to the availability of funds under
Federal law and to Federal laws in force or enacted after the
date of the contingent commitment.
``(f) Federal 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.
``(2) Federal share.--The Federal share of a grant for the
project shall not exceed 80 percent of the project net
capital cost.
``(3) Priority.--The Secretary shall give priority in
allocating future obligations and contingent commitments to
incur obligations to grant requests seeking a lower Federal
share of the project net capital cost.
``(g) Cooperative Agreements.--
``(1) In general.--An applicant may enter into an agreement
with any public, private, or nonprofit entity to
cooperatively implement any project funded with a grant under
this subchapter.
``(2) Forms of participation.--Participation by an entity
under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the project;
``(B) cost-sharing of any project expense or non-Federal
share of the project cost, including in kind contributions;
``(C) carrying out administration, construction management,
project management, project operation, or any other
management or operational duty associated with the project;
and
``(D) any other form of participation approved by the
Secretary.
``(h) Oversight Program.--
``(1) Establishment.--
``(A) In general.--The Secretary shall establish an
oversight program to monitor the effective and efficient use
of funds authorized to carry out this section.
``(B) Minimum requirement.--At a minimum, the oversight
program shall be responsive to all areas relating to
financial integrity and project delivery.
``(2) Financial integrity.--
``(A) Financial management systems.--The Secretary shall
perform annual reviews that address elements of the
applicant's financial management systems that affect projects
approved under subsection (a).
``(B) Project costs.--The Secretary shall develop minimum
standards for estimating project costs and shall periodically
evaluate the practices of applicants for estimating project
costs, awarding contracts, and reducing project costs.
``(3) Project delivery.--The Secretary shall perform annual
reviews that address elements of the project delivery system
of an applicant, which elements include 1 or more activities
that are involved in the life cycle of a project from
conception to completion of the project.
``(4) Responsibility of the applicants.--
``(A) In general.--Each applicant shall submit to the
Secretary for approval such plans, specifications, and
estimates for each proposed project as the Secretary may
require.
``(B) Applicant subrecipients.--The applicant shall be
responsible for determining that a subrecipient of Federal
funds under this section--
``(i) has adequate project delivery systems for projects
approved under this section; and
``(ii) has sufficient accounting controls to properly
manage such Federal funds.
``(C) Periodic review.--The Secretary shall periodically
review the monitoring of subrecipients by the applicant.
``(5) Specific oversight responsibilities.--Nothing in this
section shall affect or discharge any oversight
responsibility of the Secretary specifically provided for
under this title or other Federal law.
``(i) Major Projects.--
``(1) In general.--A recipient of a grant for a project
under this section with an estimated total cost of
$500,000,000 or more, and a recipient for such other projects
as may be identified by the Secretary, shall submit to the
Secretary for each project--
``(A) a project management plan; and
``(B) an annual financial plan.
``(2) Project management plan.--A project management plan
shall document--
``(A) the procedures and processes that are in effect to
provide timely information to the project decisionmakers to
effectively manage the scope, costs, schedules, and quality
of, and the Federal requirements applicable to, the project;
and
``(B) the role of the agency leadership and management team
in the delivery of the project.
``(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.
``(j) Other Projects.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $100,000,000 or more that is not covered by
subsection (i) shall prepare an annual financial plan. Annual
financial plans prepared under this subsection shall be made
available to the Secretary for review upon the request of the
Secretary.
``(k) Other Terms and Conditions.--The Secretary shall
determine what additional grant terms and conditions are
necessary and appropriate to meet the requirements of this
section.
``(l) Regulations.--Not later than 1 year after the date of
enactment of the Surface Transportation and Freight Policy
Act of 2012, the Secretary shall prescribe regulations to
implement this section.
``(m) Applicant Defined.--In this subchapter, the term
`applicant' includes a State, a political subdivision of a
State, a metropolitan planning organization, government-
sponsored authorities and corporations, and the District of
Columbia.
``(n) Secretarial Oversight.--
``(1) In general.--The Secretary may use not more than 1
percent of amounts made available in a fiscal year for
capital projects under this subchapter to enter into
contracts to oversee the construction of such projects.
``(2) Permissible uses.--The Secretary may use amounts
available under paragraph (1) to make contracts for safety,
procurement, management, and financial compliance reviews and
audits of a recipient of amounts under paragraph (1).
``(3) Cost.--The Federal Government shall pay the entire
cost of carrying out a contract under this subsection.''.
(b) Conforming Amendment.--The table of contents for
chapter 55 is amended by adding at the end the following:

``subchapter iii. financial assistance''

``5581. National freight infrastructure investment grants.''.

SEC. 32946. PORT INFRASTRUCTURE DEVELOPMENT INITIATIVE.

Section 50302(c)(3)(C) of title 46, United States Code, is
amended to read as follows:
``(C) Transfers.--Amounts appropriated or otherwise made
available for any fiscal year for a marine facility or
intermodal facility that includes maritime transportation may
be transferred, at the option of the recipient of such
amounts, to the Fund and administered by the Administrator as
a component of a project under the program.''.

SEC. 32947. OFFICE OF FREIGHT PLANNING AND DEVELOPMENT.

(a) In General.--Section 102 is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Office of Freight Planning and Development.--
``(1) Establishment.--There is established within the
Office of the Secretary an Office of Freight Planning and
Development. The Office shall--
``(A) coordinate investment of Federal funding to improve
the efficiency of the national transportation system to move
freight consistent with the policy and objectives of section
312;
``(B) facilitate communication among government, public,
and private freight transportation stakeholders;
``(C) support the Secretary in the development of the
National Freight Transportation Strategic Plan; and
``(D) carry out other duties, as prescribed by the
Secretary.
``(2) Organization.--The head of the Office shall be the
Assistant Secretary of Freight Planning and Development.''.
(b) Conforming Amendments.--
(1) Section 102(e) is amended by striking ``4'' and
inserting ``5''.
(2) Section 5315 of title 5, United States Code, is amended
by striking ``(4)'' in the item relating to Assistant
Secretaries of Transportation and inserting ``(5)''.

SEC. 32948. SAFETY FOR MOTORIZED AND NONMOTORIZED USERS.

(a) In General.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following:

[[Page S775]]

``Sec.  413. Safety for motorized and nonmotorized users

``(a) In General.--Not later than 2 years after the date of
enactment of the Surface Transportation and Freight Policy
Act of 2012, subject to subsection (b), the Secretary shall
establish standards to ensure that the design of Federal
surface transportation projects provides for the safe and
adequate accommodation, in all phases of project planning,
development, and operation, of all users of the
transportation network, including motorized and nonmotorized
users.
``(b) Waiver for State Law or Policy.--The Secretary may
waive the application of standards established under
subsection (a) to a State that has adopted a law or policy
that provides for the safe and adequate accommodation as
certified by the State (or other grantee), in all phases of
project planning and development, of users of the
transportation network on federally funded surface
transportation projects, as determined by the Secretary.
``(c) Compliance.--
``(1) In general.--Each State department of transportation
shall submit to the Secretary, at such time, in such manner,
and containing such information as the Secretary shall
require, a report describing the implementation by the State
of measures to achieve compliance with this section.
``(2) Determination by secretary.--On receipt of a report
under paragraph (1), the Secretary shall determine whether
the applicable State has achieved compliance with this
section.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by adding at the end
the following:

``413. Safety for motorized and nonmotorized users.''.

TITLE III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF
2012

SEC. 33001. SHORT TITLE.

This title may be cited as the ``Hazardous Materials
Transportation Safety Improvement Act of 2012''.

SEC. 33002. DEFINITION.

In this title, the term ``Secretary'' means the Secretary
of Transportation.

SEC. 33003. REFERENCES 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 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. 33004. TRAINING FOR EMERGENCY RESPONDERS.

(a) Training Curriculum.--Section 5115 is amended--
(1) in subsection (b)(1)(B), by striking ``basic'';
(2) in subsection (b)(2), by striking ``basic''; and
(3) in subsection (c), by striking ``basic''.
(b) Operations Level Training.--Section 5116 is amended--
(1) in subsection (b)(1), by adding at the end the
following: ``To the extent that a grant is used to train
emergency responders, the State or Indian tribe shall provide
written certification to the Secretary that the emergency
responders who receive training under the grant will have the
ability to protect nearby persons, property, and the
environment from the effects of accidents or incidents
involving the transportation of hazardous material in
accordance with existing regulations or National Fire
Protection Association standards for competence of responders
to hazardous materials.'';
(2) in subsection (j)--
(A) by redesignating paragraph (5) as paragraph (7); and
(B) by inserting after paragraph (4) the following:
``(5) The Secretary may not award a grant to an
organization under this subsection unless the organization
ensures that emergency responders who receive training under
the grant will have the ability to protect nearby persons,
property, and the environment from the effects of accidents
or incidents involving the transportation of hazardous
material in accordance with existing regulations or National
Fire Protection Association standards for competence of
responders to hazardous materials.
``(6) Notwithstanding paragraphs (1) and (3), to the extent
determined appropriate by the Secretary, a grant awarded by
the Secretary to an organization under this subsection to
conduct hazardous material response training programs may be
used to train individuals with responsibility to respond to
accidents and incidents involving hazardous material.''; and
(3) in subsection (k)--
(A) by striking ``annually'' and inserting ``an annual
report'';
(B) by inserting ``the report'' after ``make available'';
(C) by striking ``information'' and inserting ``. The
report submitted under this subsection shall include
information''; and
(D) by striking ``The report shall identify'' and all that
follows and inserting the following: ``The report submitted
under this subsection shall identify the ultimate recipients
of such grants and include--
``(A) a detailed accounting and description of each grant
expenditure by each grant recipient, including the amount of,
and purpose for, each expenditure;
``(B) the number of persons trained under the grant
program, by training level;
``(C) an evaluation of the efficacy of such planning and
training programs; and
``(D) any recommendations the Secretary may have for
improving such grant programs.''.

SEC. 33005. PAPERLESS HAZARD COMMUNICATIONS PILOT PROGRAM.

(a) In General.--The Secretary may conduct pilot projects
to evaluate the feasibility and effectiveness of using
paperless hazard communications systems. At least 1 of the
pilot projects under this section shall take place in a rural
area.
(b) Requirements.--In conducting pilot projects under this
section, the Secretary--
(1) may not waive the requirements under section 5110 of
title 49, United States Code; and
(2) shall consult with organizations representing--
(A) fire services personnel;
(B) law enforcement and other appropriate enforcement
personnel;
(C) other emergency response providers;
(D) persons who offer hazardous material for
transportation;
(E) persons who transport hazardous material by air,
highway, rail, and water; and
(F) employees of persons who transport or offer for
transportation hazardous material by air, highway, rail, and
water.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(1) prepare a report on the results of the pilot projects
carried out under this section, including--
(A) a detailed description of the pilot projects;
(B) an evaluation of each pilot project, including an
evaluation of the performance of each paperless hazard
communications system in such project;
(C) an assessment of the safety and security impact of
using paperless hazard communications systems, including any
impact on the public, emergency response, law enforcement,
and the conduct of inspections and investigations; and
(D) a recommendation on whether paperless hazard
communications systems should be permanently incorporated
into the Federal hazardous material transportation safety
program under chapter 51 of title 49, United States Code; and
(2) submit a final report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives that contains the results of the pilot
projects carried out under this section, including the
matters described in paragraph (1).
(d) Paperless Hazard Communications System Defined.--In
this section, the term ``paperless hazard communications
system'' means the use of advanced communications methods,
such as wireless communications devices, to convey hazard
information between all parties in the transportation chain,
including emergency responders and law enforcement personnel.
The format of communication may be equivalent to that used by
the carrier.

SEC. 33006. IMPROVING DATA COLLECTION, ANALYSIS, AND
REPORTING.

(a) Assessment.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary, in coordination with
the Secretary of Homeland Security, as appropriate, shall
conduct an assessment to improve the collection, analysis,
reporting, and use of data related to accidents and incidents
involving the transportation of hazardous material.
(2) Review.--The assessment conducted under this subsection
shall review the methods used by the Pipeline and Hazardous
Materials Safety Administration (referred to in this section
as the ``Administration'') for collecting, analyzing, and
reporting accidents and incidents involving the
transportation of hazardous material, including the adequacy
of--
(A) information requested on the accident and incident
reporting forms required to be submitted to the
Administration;
(B) methods used by the Administration to verify that the
information provided on such forms is accurate and complete;
(C) accident and incident reporting requirements, including
whether such requirements should be expanded to include
shippers and consignees of hazardous materials;
(D) resources of the Administration related to data
collection, analysis, and reporting, including staff and
information technology; and
(E) the database used by the Administration for recording
and reporting such accidents and incidents, including the
ability of users to adequately search the database and find
information.
(b) Development of Action Plan.--Not later than 9 months
after the date of enactment of this Act, the Secretary shall
develop an action plan and timeline for improving the
collection, analysis, reporting, and use of data by the
Administration, including revising the database of the
Administration, as appropriate.
(c) Submission to Congress.--Not later than 15 days after
the completion of the action plan and timeline under
subsection (c), the Secretary shall submit the action plan
and timeline to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

[[Page S776]]

(d) Reporting Requirements.--Section 5125(b)(1)(D) is
amended by inserting ``and other hazardous materials
transportation incident reporting to the 9 1 1 emergency
system or involving State or local emergency responders in
the initial response to the incident'' before the period at
the end.

SEC. 33007. LOADING AND UNLOADING OF HAZARDOUS MATERIALS.

(a) Rulemaking.--Not later than 2 years after date of
enactment of this Act, the Secretary, after consultation with
the Department of Labor and the Environmental Protection
Agency, as appropriate, and after providing notice and an
opportunity for public comment shall prescribe regulations
establishing uniform procedures among facilities for the safe
loading and unloading of hazardous materials on and off tank
cars and cargo tank trucks.
(b) Inclusion.--The regulations prescribed under subsection
(a) may include procedures for equipment inspection,
personnel protection, and necessary safeguards.
(c) Consideration.--In prescribing regulations under
subsection (a), the Secretary shall give due consideration to
carrier rules and procedures that produce an equivalent level
of safety.

SEC. 33008. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, RESEARCH
AND DEVELOPMENT, AND ANALYSIS PROGRAM.

(a) In General.--Chapter 51 is amended by inserting after
section 5117 the following:

``Sec.  5118. Hazardous material technical assessment,
research and development, and analysis program

``(a) Risk Reduction.--
``(1) Program authorized.--The Secretary of Transportation
may develop and implement a hazardous material technical
assessment, research and development, and analysis program
for the purpose of--
``(A) reducing the risks associated with the transportation
of hazardous material; and
``(B) identifying and evaluating new technologies to
facilitate the safe, secure, and efficient transportation of
hazardous material.
``(2) Coordination.--In developing the program under
paragraph (1), the Secretary shall--
``(A) utilize information gathered from other modal
administrations with similar programs; and
``(B) coordinate with other modal administrations, as
appropriate.
``(b) Cooperation.--In carrying out subsection (a), the
Secretary may work cooperatively with regulated and other
entities, including shippers, carriers, emergency responders,
State and local officials, and academic institutions.''.
(b) Conforming Amendment.--The chapter analysis for chapter
51 is amended by inserting after the item relating to section
5117 the following:

``5118. Hazardous material technical assessment, research and
development, and analysis program.''.

SEC. 33009. HAZARDOUS MATERIAL ENFORCEMENT TRAINING PROGRAM.

(a) In General.--The Secretary shall establish a multimodal
hazardous material enforcement training program for
government hazardous materials inspectors and investigators--
(1) to develop uniform performance standards for training
hazardous material inspectors and investigators; and
(2) to train hazardous material inspectors and
investigators on--
(A) how to collect, analyze, and publish findings from
inspections and investigations of accidents or incidents
involving the transportation of hazardous material; and
(B) how to identify noncompliance with regulations issued
under chapter 51 of title 49, United States Code, and take
appropriate enforcement action.
(b) Standards and Guidelines.--Under the program
established under this section, the Secretary may develop--
(1) guidelines for hazardous material inspector and
investigator qualifications;
(2) best practices and standards for hazardous material
inspector and investigator training programs; and
(3) standard protocols to coordinate investigation efforts
among Federal, State, and local jurisdictions on accidents or
incidents involving the transportation of hazardous material.
(c) Availability.--The standards, protocols, and findings
of the program established under this section--
(1) shall be mandatory for--
(A) the Department of Transportation's multimodal personnel
conducting hazardous material enforcement inspections or
investigations; and
(B) State employees who conduct federally funded compliance
reviews, inspections, or investigations; and
(2) shall be made available to Federal, State, and local
hazardous materials safety enforcement personnel.

SEC. 33010. INSPECTIONS.

(a) Notice of Enforcement Measures.--Section 5121(c)(1) is
amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) shall provide to the affected offeror, carrier,
packaging manufacturer or tester, or other person responsible
for the package reasonable notice of--
``(i) his or her decision to exercise his or her authority
under paragraph (1);
``(ii) any findings made; and
``(iii) any actions being taken as a result of a finding of
noncompliance.''.
(b) Regulations.--Section 5121(e) is amended by adding at
the end the following:
``(3) Matters to be addressed.--The regulations issued
under this subsection shall address--
``(A) the safe and expeditious resumption of transportation
of perishable hazardous material, including
radiopharmaceuticals and other medical products, that may
require timely delivery due to life-threatening situations;
``(B) the means by which--
``(i) noncompliant packages that present an imminent hazard
are placed out-of-service until the condition is corrected;
and
``(ii) noncompliant packages that do not present a hazard
are moved to their final destination;
``(C) appropriate training and equipment for inspectors;
and
``(D) the proper closure of packaging in accordance with
the hazardous material regulations.''.
(c) Grants and Cooperative Agreements.--Section 5121(g)(1)
is amended by inserting ``safety and'' before ``security''.

SEC. 33011. CIVIL PENALTIES.

Section 5123 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$50,000'' and inserting
``$75,000''; and
(B) in paragraph (2), by striking ``$100,000'' and
inserting ``$175,000''; and
(2) by adding at the end the following:
``(h) Penalty for Obstruction of Inspections and
Investigations.--The Secretary may impose a penalty on a
person who obstructs or prevents the Secretary from carrying
out inspections or investigations under subsection (c) or (i)
of section 5121.
``(i) Prohibition on Hazardous Material Operations After
Nonpayment of Penalties.--
``(1) In general.--Except as provided under paragraph (2),
a person subject to the jurisdiction of the Secretary under
this chapter who fails to pay a civil penalty assessed under
this chapter, or fails to arrange and abide by an acceptable
payment plan for such civil penalty, may not conduct any
activity regulated under this chapter beginning on the 91st
day after the date specified by order of the Secretary for
payment of such penalty unless the person has filed a formal
administrative or judicial appeal of the penalty.
``(2) Exception.--Paragraph (1) 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.
``(3) Rulemaking.--Not later than 2 years after the date of
enactment of this subsection, the Secretary, after providing
notice and an opportunity for public comment, shall issue
regulations that--
``(A) set forth procedures to require a person who is
delinquent in paying civil penalties to cease any activity
regulated under this chapter until payment has been made or
an acceptable payment plan has been arranged; and
``(B) ensures that the person described in subparagraph
(A)--
``(i) is notified in writing; and
``(ii) is given an opportunity to respond before the person
is required to cease the activity.''.

SEC. 33012. REPORTING OF FEES.

Section 5125(f)(2) is amended by striking ``, upon the
Secretary's request,'' and inserting ``biennially''.

SEC. 33013. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS.

(a) In General.--Section 5117 is amended to read as
follows:

``Sec.  5117. Special permits, approvals, and exclusions

``(a) Authority To Issue Special Permits.--
``(1) Conditions.--The Secretary of Transportation may
issue, modify, or terminate a special permit implementing new
technologies or authorizing a variance from a provision under
this chapter or a regulation prescribed under section
5103(b), 5104, 5110, or 5112 to a person performing a
function regulated by the Secretary under section 5103(b)(1)
to achieve--
``(A) a safety level at least equal to the safety level
required under this chapter; or
``(B) a safety level consistent with the public interest
and this chapter, if a required safety level does not exist.
``(2) Findings required.--
``(A) In general.--Before issuing, renewing, or modifying a
special permit or granting party status to a special permit,
the Secretary shall determine that the person is fit to
conduct the activity authorized by such permit in a manner
that achieves the level of safety required under paragraph
(1).
``(B) Considerations.--In making the determination under
subparagraph (A), the Secretary shall consider--
``(i) the person's safety history (including prior
compliance history);
``(ii) the person's accident and incident history; and
``(iii) any other information the Secretary considers
appropriate to make such a determination.
``(3) Effective period.--A special permit issued under this
section--
``(A) shall be for an initial period of not more than 2
years;
``(B) may be renewed by the Secretary upon application--

[[Page S777]]

``(i) for successive periods of not more than 4 years each;
or
``(ii) in the case of a special permit relating to section
5112, for an additional period of not more than 2 years.
``(b) Applications.--
``(1) Required documentation.--When applying for a special
permit or the renewal or modification of a special permit or
requesting party status to a special permit under this
section, the Secretary shall require the person to submit an
application that contains--
``(A) a detailed description of the person's request;
``(B) a listing of the person's current facilities and
addresses where the special permit will be utilized;
``(C) a safety analysis prescribed by the Secretary that
justifies the special permit;
``(D) documentation to support the safety analysis;
``(E) a certification of safety fitness; and
``(F) proof of registration, as required under section
5108.
``(2) Public notice.--The Secretary shall--
``(A) publish notice in the Federal Register that an
application for a special permit has been filed; and
``(B) provide the public an opportunity to inspect and
comment on the application.
``(3) Savings clause.--This subsection does not require the
release of information protected by law from public
disclosure.
``(c) Coordinate and Communicate With Modal Contact
Officials.--
``(1) In general.--In evaluating applications under
subsection (b), and making the findings and determinations
under subsections (a), (e), and (h), the Administrator of the
Pipeline and Hazardous Materials Safety Administration shall
consult, coordinate, or notify the modal contact official
responsible for the specified mode of transportation that
will be utilized under a special permit or approval before--
``(A) issuing, modifying, or renewing the special permit;
``(B) granting party status to the special permit; or
``(C) issuing or renewing the special permit or approval.
``(2) Modal contact official defined.--In this section, the
term `modal contact official' means--
``(A) the Administrator of the Federal Aviation
Administration;
``(B) the Administrator of the Federal Motor Carrier
Safety;
``(C) the Administrator of the Federal Railroad
Administration; and
``(D) the Commandant of the Coast Guard.
``(d) Applications To Be Dealt With Promptly.--The
Secretary shall--
``(1) issue, modify, renew, or grant party status to a
special permit or approval for which a request was filed
under this section, or deny the issuance, modification,
renewal, or grant, on or before the last day of the 180-day
period beginning on the first day of the month following the
date of the filing of the request; or
``(2) publish a statement in the Federal Register that--
``(A) describes the reason for the delay of the Secretary's
decision on the special permit or approval; and
``(B) includes an estimate of the additional time necessary
before the decision is made.
``(e) Emergency Processing of Special Permits.--
``(1) Findings required.--The Secretary may not grant a
request for emergency processing of a special permit unless
the Secretary determines that--
``(A) a special permit is necessary for national security
purposes;
``(B) processing on a routine basis under this section
would result in significant injury to persons or property; or
``(C) a special permit is necessary to prevent significant
economic loss or damage to the environment that could not be
prevented if the application were processed on a routine
basis.
``(2) Waiver of fitness test.--The Secretary may waive the
requirement under subsection (a)(2) for a request for which
the Secretary makes a determination under subparagraph (A) or
(B) of paragraph (1).
``(3) Notification.--Not later than 90 days after the date
of issuance of a special permit under this subsection, the
Secretary shall publish a notice in the Federal Register of
the issuance that includes--
``(A) a statement of the basis for the finding of
emergency; and
``(B) the scope and duration of the special permit.
``(4) Effective period.--A special permit issued under this
subsection shall be effective for a period not to exceed 180
days.
``(f) Exclusions.--
``(1) In general.--The Secretary shall exclude, in any
part, from this chapter and regulations prescribed under this
chapter--
``(A) a public vessel (as defined in section 2101 of title
46);
``(B) a vessel exempted under section 3702 of title 46 or
from chapter 37 of title 46; and
``(C) a vessel to the extent it is regulated under the
Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221, et
seq.).
``(2) Firearms.--This chapter and regulations prescribed
under this chapter do not prohibit--
``(A) or regulate transportation of a firearm (as defined
in section 232 of title 18), or ammunition for a firearm, by
an individual for personal use; or
``(B) transportation of a firearm or ammunition in
commerce.
``(g) Limitation on Authority.--Unless the Secretary
decides that an emergency exists, a person subject to this
chapter may only be granted a variance from this chapter
through a special permit or renewal granted under this
section.
``(h) Approvals.--
``(1) Findings required.--
``(A) In general.--The Secretary may not issue an approval
or grant the renewal of an approval pursuant to part 107 of
title 49, Code of Federal Regulations until the Secretary has
determined that the person is fit, willing, and able to
conduct the activity authorized by the approval in a manner
that achieves the level of safety required under subsection
(a)(1).
``(B) Considerations.--In making a determination under
subparagraph (A), the Secretary shall consider--
``(i) the person's safety history (including prior
compliance history);
``(ii) the person's accident and incident history; and
``(iii) any other information the Secretary considers
appropriate to make such a determination.
``(2) Required documentation.--When applying for an
approval or renewal or modification of an approval under this
section, the Secretary shall require the person to submit an
application that contains--
``(A) a detailed description of the person's request;
``(B) a listing of the persons current facilities and
addresses where the approval will be utilized;
``(C) a safety analysis prescribed by the Secretary that
justifies the approval;
``(D) documentation to support the safety analysis;
``(E) a certification of safety fitness; and
``(F) the verification of registration required under
section 5108.
``(3) Savings provision.--Nothing in this subsection may be
construed to require the release of information protected by
law from public disclosure.
``(i) Noncompliance.--The Secretary may modify, suspend, or
terminate a special permit or approval if the Secretary
determines that--
``(1) the person who was granted the special permit or
approval has violated the special permit or approval or the
regulations issued under this chapter in a manner that
demonstrates that the person is not fit to conduct the
activity authorized by the special permit or approval; or
``(2) the special permit or approval is unsafe.
``(j) Rulemaking.--Not later than 2 years after the date of
enactment of the Hazardous Materials Transportation Safety
Improvement Act of 2012, the Secretary, after providing
notice and an opportunity for public comment, shall issue
regulations that establish--
``(1) standard operating procedures to support
administration of the special permit and approval programs;
and
``(2) objective criteria to support the evaluation of
special permit and approval applications.
``(k) Annual Review of Certain Special Permits.--
``(1) Review.--The Secretary shall conduct an annual review
and analysis of special permits--
``(A) to identify consistently used and longstanding
special permits with an established safety record; and
``(B) to determine whether such permits may be converted
into the hazardous materials regulations.
``(2) Factors.--In conducting the review and analysis under
paragraph (1), the Secretary may consider--
``(A) the safety record for hazardous materials transported
under the special permit;
``(B) the application of a special permit;
``(C) the suitability of provisions in the special permit
for incorporation into the hazardous materials regulations;
and
``(D) rulemaking activity in related areas.
``(3) Rulemaking.--After completing the review and analysis
under paragraph (1) and providing notice and opportunity for
public comment, the Secretary shall issue regulations, as
needed.''.
(b) Conforming Amendment.--The analysis for chapter 51 is
amended by striking the item relating to section 5117 and
inserting the following:

``5117. Special permits, approvals, and exclusions.''.

SEC. 33014. HIGHWAY ROUTING DISCLOSURES.

(a) List of Route Designations.--Section 5112(c) is
amended--
(1) by striking ``In coordination'' and inserting the
following:
``(1) In general.--In coordination''; and
(2) by adding at the end the following:
``(2) State responsibilities.--
``(A) In general.--Each State shall submit to the
Secretary, in a form and manner to be determined by the
Secretary and in accordance with subparagraph (B)--
``(i) the name of the State agency responsible for
hazardous material highway route designations; and
``(ii) a list of the State's currently effective hazardous
material highway route designations.
``(B) Frequency.--Each State shall submit the information
described in subparagraph (A)(ii)--
``(i) at least once every 2 years; and

[[Page S778]]

``(ii) not later than 60 days after a hazardous material
highway route designation is established, amended, or
discontinued.''.
(b) Compliance With Section 5112.--Section 5125(c)(1) is
amended by inserting ``, and is published in the Department's
hazardous materials route registry under section 5112(c)''
before the period at the end.

SEC. 33015. AUTHORIZATION OF APPROPRIATIONS.

Section 5128 is amended to read as follows:

``Sec.  5128. Authorization of appropriations

``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $42,338,000 for fiscal year 2012; and
``(2) $42,762,000 for fiscal year 2013.
``(b) Hazardous Materials Emergency Preparedness Fund.--
From the Hazardous Materials Emergency Preparedness Fund
established under section 5116(i), the Secretary may expend,
during each of fiscal years 2012 and 2013--
``(1) $188,000 to carry out section 5115;
``(2) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be
available to carry out section 5116(b);
``(3) $150,000 to carry out section 5116(f);
``(4) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
``(5) $1,000,000 to carry out section 5116(j).
``(c) Hazardous Materials Training Grants.--From the
Hazardous Materials Emergency Preparedness Fund established
pursuant to section 5116(i), the Secretary may expend
$4,000,000 for each of the fiscal years 2012 and 2013 to
carry out section 5107(e).
``(d) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts 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.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.

TITLE IV--RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION
REAUTHORIZATION ACT OF 2012

SEC. 34001. SHORT TITLE.

This title may be cited as the ``Research and Innovative
Technology Administration Reauthorization Act of 2012''.

SEC. 34002. NATIONAL COOPERATIVE FREIGHT RESEARCH PROGRAM.

Section 509(d) of title 23, United States Code, is amended
by adding at the end the following:
``(6) Coordination of cooperative research.--The National
Academy of Sciences shall coordinate research agendas,
research project selections, and competitions across all
transportation-related cooperative research programs
conducted by the National Academy of Sciences to ensure
program efficiency, effectiveness, and sharing of research
findings.''.

SEC. 34003. MULTIMODAL INNOVATIVE RESEARCH PROGRAM.

(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  5507. Multimodal Innovative Research Program

``(a) Establishment.--The Secretary of Transportation shall
establish a Multimodal Innovative Research Program (referred
to in this section as the `Program') in the Research and
Innovative Technology Administration.
``(b) Purpose.--The Program shall support--
``(1) national transportation policy, objectives, and goals
by applying state-of-the-art advanced technology solutions to
multimodal transportation issues; and
``(2) key partnerships throughout the Department of
Transportation and with other Federal agencies to fully
leverage their investments in transportation research and
technology developments to address transportation problems at
modal interfaces or affecting more than 1 transportation
mode.
``(c) Content.--The Program shall--
``(1) address issues affecting--
``(A) policy;
``(B) cross-modal concerns, such as efficient and
intermodal goods and passenger movements;
``(C) the development of advanced vehicle technologies;
``(D) the application of existing technologies; and
``(E) the integration of multimodal real-time
transportation information systems;
``(2) competitively award contracts or cooperative
agreements for advanced multimodal transportation research to
facilitate practical innovative approaches to solve
transportation problems related to attaining--
``(A) the strategic goals of the Department of
Transportation; and
``(B) multimodal elements of the Transportation Research
and Development Strategic Plan required under section 508 of
title 23;
``(3) demonstrate transportation system applications of
advanced transportation technologies, methodologies,
policies, and decisions;
``(4) disseminate best practices in planning, operations,
design, and maintenance of transportation and related
systems; and
``(5) provide technology identification, modification, and
dissemination through outreach to other Federal agencies,
State and local transportation agencies, and other public,
private, and academic stakeholders in the industry.
``(d) Coordination.--The Secretary of Transportation shall
coordinate activities under this section with other Federal
agencies, as appropriate.
``(e) Funding.--
``(1) In general.--Of the amounts appropriated pursuant to
section 34011 of the Research and Innovative Technology
Administration Reauthorization Act of 2012, $20,000,000 shall
be made available for each of the fiscal year 2012 and 2013
to establish and maintain the Multimodal Innovative Research
Program.
``(2) Management and oversight.--During each of the fiscal
years 2012 and 2013, the Secretary of Transportation may not
expend more than 1.5 percent of the amounts made available
under paragraph (1) to carry out management and oversight of
the Multimodal Innovative Research Program.''.
(b) Clerical Amendment.--The chapter analysis for chapter
55 of title 49, United States Code, is amended by inserting
after the item relating to section 5506 the following:

``5507. Multimodal Innovative Research Program.''.

SEC. 34004. BUREAU OF TRANSPORTATION STATISTICS.

(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding at the end the following:

``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

``subchapter i--bureau of transportation statistics

``Sec.
``6301. Establishment.
``6302. Director.
``6303. Responsibilities.
``6304. National Transportation Library.
``6305. Advisory Council on Transportation Statistics.
``6306. Transportation statistical collection, analysis, and
dissemination.
``6307. Furnishing information, data, or reports by Federal agencies.
``6308. Prohibition on certain disclosures.
``6309. Data access.
``6310. Proceeds of data product sales.
``6311. Information collection.
``6312. National transportation atlas database.
``6313. Limitations on statutory construction.
``6314. Research and development grants.
``6315. Transportation statistics annual report.
``6316. Mandatory response authority for data collections.

``SUBCHAPTER I--BUREAU OF TRANSPORTATION STATISTICS

``Sec.  6301. Establishment

``There is established, in the Research and Innovative
Technology Administration, a Bureau of Transportation
Statistics (referred to in this subchapter as the `Bureau').

``Sec.  6302. Director

``(a) Appointment.--The Bureau shall be headed by a
Director, who shall be appointed in the competitive service
by the Secretary of Transportation.
``(b) Qualifications.--The Director shall be appointed from
among individuals who are qualified to serve as the Director
by virtue of their training and experience in the collection,
analysis, and use of transportation statistics.

``Sec.  6303. Responsibilities

``(a) Duties of the Director.--The Director, who shall
serve as the Secretary of Transportation's senior advisor on
data and statistics, shall be responsible for carrying out
the following duties:
``(1) Ensuring that the statistics compiled under paragraph
(6) are designed to support transportation decisionmaking by
the Federal Government, State and local governments,
metropolitan planning organizations, transportation-related
associations, the private sector (including the freight
community), and the public.
``(2) Establishing a program, on behalf of the Secretary--
``(A) to effectively integrate safety data across modes;
and
``(B) to address gaps in existing safety data programs of
the Department of Transportation.
``(3) Working with the operating administrations of the
Department of Transportation--
``(A) to establish and implement the Bureau's data
programs; and
``(B) to improve the coordination of information collection
efforts with other Federal agencies.
``(4) Continually improving surveys and data collection
methods to improve the accuracy and utility of transportation
statistics.
``(5) Encouraging the standardization of data, data
collection methods, and data management and storage
technologies for data collected by the Bureau, the operating
administrations of the Department of Transportation, States,
local governments, metropolitan planning organizations, and
private sector entities.
``(6) Collecting, compiling, analyzing, and publishing a
comprehensive set of transportation statistics on the
performance and impacts of the national transportation
system, including statistics on--

[[Page S779]]

``(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 section 6312;
``(D) economic efficiency throughout 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 competitiveness;
``(H) the economic costs and impacts for passenger travel
and freight movement;
``(I) intermodal and multimodal passenger movement;
``(J) intermodal and multimodal freight movement; and
``(K) the consequences of transportation for the human and
natural environment, sustainable transportation, and livable
communities.
``(7) Building and disseminating the transportation layer
of the National Spatial Data Infrastructure developed under
Executive Order 12906, including--
``(A) coordinating the development of transportation
geospatial data standards;
``(B) compiling intermodal geospatial data; and
``(C) collecting geospatial data that is not being
collected by others.
``(8) Issuing guidelines for the collection of information
by the Department of Transportation that is required for
transportation statistics, modeling, economic assessment, and
program assessment in order to ensure that such information
is accurate, reliable, relevant, uniform and in a form that
permits systematic analysis by the Department.
``(9) Reviewing and reporting to the Secretary of
Transportation on the sources and reliability of--
``(A) the statistics proposed by the heads of the operating
administrations of the Department of Transportation to
measure outputs and outcomes, as required by the Government
Performance and Results Act of 1993 (Public Law 103 62; 107
Stat. 285); and
``(B) other data collected or statistical information
published by the heads of the operating administrations of
the Department.
``(10) Making the statistics published under this
subsection readily accessible to the public, consistent with
applicable security constraints and confidentiality
interests.
``(b) Access to Federal Data.--In carrying out subsection
(a)(2), the Director shall be provided access to--
``(1) all safety data held by any agency of the Department;
and
``(2) all safety data held by any other Federal Government
agency that is germane to carrying out subsection (a), upon
written request and subject to any statutory or regulatory
restrictions.
``(c) Intermodal Transportation Database.--
``(1) In general.--In consultation with the Under Secretary
for Policy, the Assistant Secretaries, and the heads of the
operating administrations of the Department of
Transportation, the Director shall establish and maintain a
transportation database for all modes of transportation.
``(2) Use of database.--The database established under this
subsection shall be suitable for analyses carried out by the
Federal Government, the States, and metropolitan planning
organizations.
``(3) Contents.--The database established under this
section shall include--
``(A) information on the volumes and patterns of movement,
including local, interregional, and international movement--
``(i) of goods by all modes of transportation and
intermodal combinations, and by relevant classification; and
``(ii) of people by all modes of transportation (including
bicycle and pedestrian modes) and intermodal combinations,
and by relevant classification;
``(B) information on the location and connectivity of
transportation facilities and services; and
``(C) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal
combination.

``Sec.  6304. National Transportation Library

``(a) Purpose and Establishment.--There is established, in
the Bureau, a National Transportation Library (referred to in
this section as the `Library'), which shall--
``(1) support the information management and decisionmaking
needs of transportation at Federal, State, and local levels;
``(2) be headed by an individual who is highly qualified in
library and information science;
``(3) acquire, preserve, and manage transportation
information and information products and services for use of
the Department of Transportation, other Federal agencies, and
the general public;
``(4) provide reference and research assistance;
``(5) serve as a central depository for research results
and technical publications of the Department of
Transportation;
``(6) provide a central clearinghouse for transportation
data and information in the Federal Government;
``(7) serve as coordinator and policy lead for
transportation information access;
``(8) provide transportation information and information
products and services to the Department of Transportation,
other agencies of the Federal Government, public and private
organizations, and individuals, within the United States and
internationally;
``(9) coordinate efforts among, and cooperate with,
transportation libraries, information providers, and
technical assistance centers, in conjunction with private
industry and other transportation library and information
centers, toward the development of a comprehensive
transportation information and knowledge network supporting
activities described in subparagraphs (A) through (K) of
section 6303(a)(6); and
``(10) engage in such other activities as the Director
determines appropriate and as the Library's resources permit.
``(b) Access.--The Director shall publicize, facilitate,
and promote access to the information products and services
described in subsection (a) to improve--
``(1) the ability of the transportation community to share
information; and
``(2) the ability of the Director to make statistics and
other information readily accessible under section
6303(a)(10).
``(c) Agreements.--
``(1) In general.--The Director may enter into agreements
with, award grants to, and receive funds from any State and
other political subdivision, organization, business, or
individual for the purpose of conducting activities under
this section.
``(2) Contracts, grants, and agreements.--The Library may
initiate and support specific information and data
management, access, and exchange activities in connection
with matters relating to Department of Transportation's
strategic goals, knowledge networking, and national and
international cooperation by entering into contracts or
awarding grants for the conduct of such activities.
``(3) Funds.--Amounts received under this subsection for
payments for library products and services or other
activities shall--
``(A) be deposited in the Research and Innovative
Technology Administration's general fund account; and
``(B) remain available to the Library until expended.

``Sec.  6305. Advisory Council on Transportation Statistics

``(a) In General.--The Director shall maintain an Advisory
Council on Transportation Statistics (referred to in this
section as the `Advisory Council').
``(b) Function.--The Advisory Council shall advise the
Director on--
``(1) the quality, reliability, consistency, objectivity,
and relevance of transportation statistics and analyses
collected, supported, or disseminated by the Bureau and the
Department of Transportation; and
``(2) 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.
``(c) Membership.--
``(1) In general.--The Advisory Council shall be composed
of not fewer than 9 members and not more than 11 members, who
shall be appointed by the Director.
``(2) Selection.--In selecting members for the Advisory
Council, the Director shall appoint individuals who--
``(A) are not officers or employees of the United States;
``(B) possess expertise in--
``(i) transportation data collection, analysis, or
application;
``(ii) economics; or
``(iii) transportation safety; and
``(C) represent a cross section of transportation
stakeholders, to the greatest extent possible.
``(3) Terms of appointment.--
``(A) In general.--Except as provided in subparagraph (B),
members of the Advisory Council--
``(i) shall be appointed to staggered terms not to exceed 3
years; and
``(ii) may be renominated for 1 additional 3-year term.
``(B) Current members.--Members serving on the Advisory
Council as of the date of enactment of the Research and
Innovative Technology Administration Reauthorization Act of
2012 shall serve until the end of their appointed terms.
``(d) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (except for section 14 of such
Act) shall apply to the Advisory Council.

``Sec.  6306. Transportation statistical collection,
analysis, and dissemination

``To ensure that all transportation statistical collection,
analysis, and dissemination is carried out in a coordinated
manner, the Director may--
``(1) utilize, with their consent, the services, equipment,
records, personnel, information, and facilities of other
Federal, State, local, and private agencies and
instrumentalities with or without reimbursement for such
utilization;
``(2) enter into agreements with agencies and
instrumentalities referred to in paragraph (1) for purposes
of data collection and analysis;
``(3) confer and cooperate with foreign governments,
international organizations, States, municipalities, and
other local agencies;

[[Page S780]]

``(4) request such information, data, and reports from any
Federal agency as may be required to carry out the purposes
of this section;
``(5) encourage replication, coordination, and sharing
among transportation agencies regarding information systems,
information policy, and data; and
``(6) confer and cooperate with Federal statistical
agencies as needed to carry out the purposes of this section,
including by entering into cooperative data sharing
agreements in conformity with all laws and regulations
applicable to the disclosure and use of data.

``Sec.  6307. Furnishing information, data, or reports by
Federal agencies

``Federal agencies requested to furnish information, data,
or reports under section 6303(b) shall provide such
information to the Bureau as is required to carry out the
purposes of this section.

``Sec.  6308. Prohibition on certain disclosures

``(a) In General.--An officer, employee, or contractor of
the Bureau may not--
``(1) make any disclosure in which the data provided by an
individual or organization under section 6303 can be
identified;
``(2) use the information provided under section 6303 for a
nonstatistical purpose; or
``(3) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
section 6303.
``(b) Copies of Reports.--
``(1) In general.--A department, bureau, agency, officer,
or employee of the United States (except the Director in
carrying out this section) may not require, for any reason, a
copy of any report that has been filed under section 6303
with the Bureau or retained by an individual respondent.
``(2) Limitation on judicial proceedings.--A copy of a
report described in paragraph (1) that has been retained by
an individual respondent or filed with the Bureau or any of
its employees, contractors, or agents--
``(A) shall be immune from legal process; and
``(B) may not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceedings.
``(3) Applicability.--This subsection shall only apply to
reports that permit information concerning an individual or
organization to be reasonably determined by direct or
indirect means.
``(c) Informing Respondent of Use of Data.--If the Bureau
is authorized by statute to collect data or information for a
nonstatistical purpose, the Director shall clearly
distinguish the collection of such data or information, by
rule and on the collection instrument, to inform a respondent
who is requested or required to supply the data or
information of the nonstatistical purpose.

``Sec.  6309. Data access

``The Director shall be provided access to transportation
and transportation-related information in the possession of
any Federal agency, except--
``(1) information that is expressly prohibited by law from
being disclosed to another Federal agency; or
``(2) information that the agency possessing the
information determines could not be disclosed without
significantly impairing the discharge of authorities and
responsibilities which have been delegated to, or vested by
law, in such agency.

``Sec.  6310. Proceeds of data product sales

``Notwithstanding section 3302 of title 31, amounts
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 Account) for the
purpose of reimbursing the Bureau for such expenses.

``Sec.  6311. Information collection

``As the head of an independent Federal statistical agency,
the Director may consult directly with the Office of
Management and Budget concerning any survey, questionnaire,
or interview that the Director considers necessary to carry
out the statistical responsibilities under this subchapter.

``Sec.  6312. National transportation atlas database

``(a) In General.--The Director shall develop and maintain
a national transportation atlas database that is comprised of
geospatial databases that depict--
``(1) transportation networks;
``(2) flows of people, goods, vehicles, and craft over the
networks; and
``(3) social, economic, and environmental conditions that
affect, or are affected by, the networks.
``(b) Intermodal Network Analysis.--The databases developed
under subsection (a) shall be capable of supporting
intermodal network analysis.

``Sec.  6313. Limitations on statutory construction

``Nothing in this subchapter may be construed--
``(1) to authorize the Bureau to require any other
department or agency to collect data; or
``(2) to reduce the authority of any other officer of the
Department to independently collect and disseminate data.

``Sec.  6314. Research and development grants

``The Secretary may award grants to, or enter into
cooperative agreements or contracts with, public and
nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and
institutions of higher education) for--
``(1) investigation of the subjects specified in section
6303 and research and development of new methods of data
collection, standardization, management, integration,
dissemination, interpretation, and analysis;
``(2) demonstration programs by States, local governments,
and metropolitan planning organizations to coordinate data
collection, reporting, management, storage, and archiving to
simplify data comparisons across jurisdictions;
``(3) development of electronic clearinghouses of
transportation data and related information, as part of the
National Transportation Library under section 6304; and
``(4) development and improvement of methods for sharing
geographic data, in support of the database under section
6303 and the National Spatial Data Infrastructure.

``Sec.  6315. Transportation statistics annual report

``The Director shall submit to the President and Congress a
transportation statistics annual report, which shall
include--
``(1) information on items referred to in section
6303(a)(6);
``(2) documentation of methods used to obtain and ensure
the quality of the statistics presented in the report; and
``(3) recommendations for improving transportation
statistical information.

``Sec.  6316. Mandatory response authority for data
collections

``Any individual who, as the owner, official, agent, person
in charge, or assistant to the person in charge of any
corporation, company, business, institution, establishment,
organization of any nature or the member of a household,
neglects or refuses, after requested by the Director or other
authorized officer, employee, or contractor of the Bureau, to
answer completely and correctly to the best of the
individual's knowledge all questions relating to the
corporation, company, business, institution, establishment,
or other organization or household, or to make available
records or statistics in the individual's official custody,
contained in a data collection request prepared and submitted
under section 6303(a)--
``(1) shall be fined not more than $500, except as provided
under paragraph (2); and
``(2) if the individual willfully gives a false answer to
such a question, shall be fined not more than $10,000.''.
(b) Rules of Construction.--In transferring the provisions
under section 111 of title 49, United States Code, to chapter
63 of title 49, as added by subsection (a), the following
rules of construction shall apply:
(1) For purposes of determining whether 1 provision of law
supersedes another based on enactment later in time, a
provision under chapter 63 of title 49, United States Code,
is deemed to have been enacted on the date of the enactment
of the corresponding provision under section 111 of such
title.
(2) A reference to a provision under such chapter 65 is
deemed to refer to the corresponding provision under such
section 111.
(3) A reference to a provision under such section 111,
including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding provision under such
chapter 65.
(4) A regulation, order, or other administrative action
authorized by a provision under such section 111 continues to
be authorized by the corresponding provision under such
chapter 65.
(5) An action taken or an offense committed under a
provision of section 111 is deemed to have been taken or
committed under the corresponding provision of chapter 65.
(c) Conforming Amendments.--
(1) Repeal.--Chapter 1 of title 49, United States Code, is
amended--
(A) by repealing section 111; and
(B) by striking the item relating to section 111 in the
chapter analysis.
(2) Analysis of subtitle iii.--The table of chapters for
subtitle III of title 49, United States Code, is amended by
inserting after the item for chapter 61 the following:
``63. Bureau of Transportation Statistics . . . . . . . . . .
. . . . . . . . . . . . . 6301''.

SEC. 34005. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-
INFRASTRUCTURE COMMUNICATIONS SYSTEMS
DEPLOYMENT.

(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, as amended by section 34003, is further
amended by adding at the end the following:

``Sec.  5508. GHz vehicle-to-vehicle and vehicle-to-
infrastructure communications systems deployment

``(a) In General.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Energy and Commerce of the House of
Representatives that--
``(1) defines a recommended implementation path for
Dedicated Short Range Communications (DSRC) technology and
applications; and
``(2) includes guidance concerning the relationship of the
proposed DSRC deployment to Intelligent Transportation System
National Architecture and Standards.
``(b) Report Review.--The Secretary shall enter into an
agreement for the review of the

[[Page S781]]

report submitted under subsection (a) by an independent third
party with subject matter expertise.''.
(b) Conforming Amendment.--The analysis of chapter 55 of
title 49, United States Code, is amended by inserting after
the item relating to section 5507, as added by section 34003,
the following:

``5508. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.''.

SEC. 34006. ADMINISTRATIVE AUTHORITY.

Section 112 of title 49, United States Code, is amended by
inserting after subsection (e) the following:
``(f) Program Evaluation and Oversight.--The Administrator
is authorized to expend not more than 1.5 percent of the
amounts authorized to be appropriated for each of the fiscal
years 2012 and 2013, for necessary expenses for
administration and operations of the Research and Innovative
Technology Administration for 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, colleges and universities,
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, other transactions,
and cooperative research and development agreements (as
defined in section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)) 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,
universities, associations, and the agents of such entities
to conduct joint transportation research and technology
efforts.
``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection may
not exceed 50 percent unless the Secretary approves a greater
Federal share due to substantial public interest or benefit.
``(B) 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 the activities
described in subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
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.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract, grant, or other agreement entered into under this
chapter.''.

SEC. 34007. PRIZE AUTHORITY.

(a) In General.--Chapter 3 of title 49, United States Code,
is amended by inserting before section 336 the following:

``SEC. 335. PRIZE AUTHORITY.

``(a) In General.--The Secretary of Transportation may
carry out a program, in accordance with this section, to
competitively award cash prizes to stimulate innovation in
basic and applied research, technology development, and
prototype demonstration that have the potential for
application to the national transportation system.
``(b) Topics.--In selecting topics for prize competitions
under this section, the Secretary shall--
``(1) consult with a wide variety of Government and
nongovernment representatives; and
``(2) give consideration to prize goals that demonstrate
innovative approaches and strategies to improve the safety,
efficiency, and sustainability of the national transportation
system.
``(c) Advertising.--The Secretary shall encourage
participation in the prize competitions through extensive
advertising.
``(d) Requirements and Registration.--For each prize
competition, the Secretary shall publish a notice on a public
website that describes--
``(1) the subject of the competition;
``(2) the eligibility rules for participation in the
competition;
``(3) the amount of the prize; and
``(4) the basis on which a winner will be selected.
``(e) Eligibility.--An individual or entity may not receive
a prize under this section unless the individual or entity--
``(1) has registered to participate in the competition
pursuant to any rules promulgated by the Secretary under this
section;
``(2) has complied with all the requirements under this
section;
``(3)(A) in the case of a private entity, is incorporated
in, and maintains a primary place of business in, the United
States; or
``(B) in the case of an individual, whether participating
singly or in a group, is a citizen or permanent resident of
the United States; and
``(4) is not a Federal entity or Federal employee acting
within the scope of his or her employment.
``(f) Liability.--
``(1) Assumption of risk.--
``(A) In general.--A registered participant shall agree to
assume any and all risks and waive claims against the Federal
Government and its related entities, except in the case of
willful misconduct, for any injury, death, damage, or loss of
property, revenue, or profits, whether direct, indirect, or
consequential, arising from participation in a competition,
whether such injury, death, damage, or loss arises through
negligence or otherwise.
``(B) Related entity.--In this paragraph, the term `related
entity' means a contractor, subcontractor (at any tier),
supplier, user, customer, cooperating party, grantee,
investigator, or detailee.
``(2) Financial responsibility.--A participant shall obtain
liability insurance or demonstrate financial responsibility,
in amounts determined by the Secretary, for claims by--
``(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or
related to competition activities; and
``(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(g) Judges.--
``(1) Selection.--For each prize competition, the
Secretary, either directly or through an agreement under
subsection (h), shall assemble a panel of qualified judges to
select the winner or winners of the prize competition on the
basis described in subsection (d). Judges for each
competition shall include individuals from outside the
Administration, including the private sector.
``(2) Limitations.--A judge selected under this subsection
may not--
``(A) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is
a registered participant in a prize competition under this
section; or
``(B) have a familial or financial relationship with an
individual who is a registered participant.
``(h) Administering the Competition.--The Secretary may
enter into an agreement with a private, nonprofit entity to
administer the prize competition, subject to the provisions
of this section.
``(i) Funding.--
``(1) Private sector funding.--A cash prize under this
section may consist of funds appropriated by the Federal
Government and funds provided by the private sector. The
Secretary may accept funds from other Federal agencies, State
and local governments, and metropolitan planning
organizations for the cash prizes. The Secretary may not give
any special consideration to any private sector entity in
return for a donation under this paragraph.
``(2) Availability of funds.--Notwithstanding any other
provision of law, amounts appropriated for prize awards under
this section--
``(A) shall remain available until expended; and
``(B) may not be transferred, reprogrammed, or expended for
other purposes until after the expiration of the 10-year
period beginning on the last day of the fiscal year for which
the funds were originally appropriated.
``(3) Savings provision.--Nothing in this subsection may be
construed to permit the obligation or payment of funds in
violation of the Anti-Deficiency Act (31 U.S.C. 1341).
``(4) Prize announcement.--A prize may not be announced
under this section until all the funds needed to pay out the
announced amount of the prize have been appropriated or
committed in writing by a private source.
``(5) Prize increases.--The Secretary may increase the
amount of a prize after the initial announcement of the prize
under this section if--
``(A) notice of the increase is provided in the same manner
as the initial notice of the prize; and
``(B) the funds needed to pay out the announced amount of
the increase have been appropriated or committed in writing
by a private source.
``(6) Congressional notification.--A prize competition
under this section may offer a prize in an amount greater
than $1,000,000 only after 30 days have elapsed after written
notice has been transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives.
``(7) Award limit.--A prize competition under this section
may not result in the award of more than $25,000 in cash
prizes without the approval of the Secretary.

[[Page S782]]

``(j) Use of Department Name and Insignia.--A registered
participant in a prize competition under this section may use
the Department's name, initials, or insignia only after prior
review and written approval by the Secretary.
``(k) Compliance With Existing Law.--The Federal Government
shall not, by virtue of offering or providing a prize under
this section, be responsible for compliance by registered
participants in a prize competition with Federal law,
including licensing, export control, and non-proliferation
laws, and related regulations.''.
(b) Conforming Amendment.--The analysis of chapter 3 of
title 49, United States Code, is amended by inserting before
the item relating to section 336 the following:

``335. Prize authority.''.

SEC. 34008. TRANSPORTATION RESEARCH AND DEVELOPMENT.

Section 508(a) of title 23, United States Code, is
amended--
(1) in paragraph (1), by striking ``SAFETEA LU'' and
inserting ``Research and Innovative Technology Administration
Reauthorization Act of 2012''; and
(2) by amending paragraph (2)(A) to read as follows:
``(A) describe the primary purposes of the transportation
research and development program, which shall include--
``(i) promoting safety;
``(ii) reducing congestion and improving mobility;
``(iii) promoting security;
``(iv) protecting and enhancing the environment;
``(v) preserving the existing transportation system; and
``(vi) improving transportation infrastructure, in
coordination with Department of Transportation strategic
goals and planning efforts;''.

SEC. 34009. USE OF FUNDS FOR INTELLIGENT TRANSPORTATION
SYSTEMS ACTIVITIES.

Section 513 of title 23, United States Code, is amended to
read as follows:

``Sec.  513. Use of funds for ITS activities

``(a) In General.--The Secretary may use not more than
$500,000 of the amounts made available to the Department for
each fiscal year to carry out the Intelligent Transportation
Systems Program (referred to in this section as `ITS') on
intelligent transportation system outreach, websites, public
relations, displays, tours, and brochures.
``(b) Purpose.--Amounts authorized for use under subsection
(a) are intended to develop, administer, communicate, and
promote the use of products of research, technology, and
technology transfer programs under this section.
``(c) ITS Deployment Incentives.--
``(1) In general.--The Secretary may develop and implement
incentives to accelerate the deployment of ITS technologies
and services within all programs receiving amounts
appropriated pursuant to section 34011 of the Research and
Innovative Technology Administration Reauthorization Act of
2012.
``(2) Comprehensive plan.--The Secretary shall develop a
detailed and comprehensive plan to carry out this subsection
that addresses how incentives may be adopted, as appropriate,
through the existing deployment activities carried out by
surface transportation modal administrations.''.

SEC. 34010. NATIONAL TRAVEL DATA PROGRAM.

(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, as amended by sections _4003 and _4005,
is further amended by adding at the end the following:

``Sec.  5509. National Travel Data Program

``(a) Establishment.--Not later than 18 months after the
date of enactment of the Research and Innovative Technology
Administration Reauthorization Act of 2012, the Secretary of
Transportation shall establish the National Travel Data
Program (referred to in this section as the ``Program'') to
collect essential national passenger and freight travel data
to help guide transportation operations, policy, and
investment decisions for Federal, State, and local
governments and the private sector.
``(b) Program Elements.--In carrying out the Program, the
Secretary shall--
``(1) collect data and make such data available to support
transportation operations, policy, and investment decisions,
including data on system performance, safety, international
competitiveness, energy efficiency, and changes in
demographics;
``(2) improve the quality of the data collected under the
Program, including identifying and addressing current gaps in
passenger and freight travel data collection, such as the
sample sizes and frequency of transportation surveys
including the Commodity Flow Survey, the National Household
Travel Survey, and the Transportation Services Index; and
``(3) consult with State and local governments, private
sector data providers, and professional and nonprofit
associations to improve the integration, management, and
implementation of data collected under the Program.
``(c) Advisory Council on Transportation Statistics.--
``(1) Establishment.--In carrying out the Program, the
Secretary shall seek recommendations from the Advisory
Council on Transportation Statistics, established under
section 6305 on--
``(A) the design and implementation of the Program;
``(B) emerging transportation-related data needs relevant
to the Program; and
``(C) other matters the Secretary determines to be
appropriate.
``(d) Reports to Congress.--
``(1) 5-year plan.--Not later than 1 year after the date of
enactment of the Research and Innovative Technology
Administration Reauthorization Act of 2012, the Secretary
shall submit, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, a 5-year plan for implementing the National
Travel Data Program that includes benchmarks and goals.
``(2) Biennial report.--Upon the establishment of the
National Travel Data Program, and every 2 years thereafter,
the Secretary shall submit a report on the activities of the
Program to the congressional committees set forth in
paragraph (1).
``(e) Funding.--Of the amounts made available under section
34011 of the Research and Innovative Technology
Administration Reauthorization Act of 2012, $8,000,000 shall
be available for each of the fiscal years 2012 and 2013 to
establish and maintain the Program.''.
(b) Clerical Amendment.--The chapter analysis for chapter
55 of title 49, United States Code, as amended by sections 3
and 5, is further amended by inserting after the item
relating to section 5508 the following:

``5509. National Travel Data Program.''.

SEC. 34011. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account), under the conditions set forth in subsection (b)--
(1) $55,297,000 for fiscal year 2012; and
(2) $55,597,000 for fiscal year 2013.
(b) Applicability of Title 23, United States Code.--
(1) In general.--Except as provided in paragraph (2),
amounts appropriated pursuant to 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.
(2) Federal share.--The Federal share of the cost of a
project or activity carried out with amounts appropriated
pursuant to subsection (a) shall be 50 percent unless another
percentage is--
(A) expressly provided under this Act or the amendments
made by this Act; or
(B) determined by the Secretary.
(3) Availability; transferability.--Amounts appropriated
pursuant to subsection (a) shall remain available until
expended and shall not be transferable.

DIVISION D--FINANCE

SEC. 40001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Highway Investment, Job Creation, and Economic Growth Act
of 2012''.
(b) Table of Contents.--The table of contents for this
division is as follows:

DIVISION D--FINANCE

Sec. 40001. Short title; table of contents.

TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES

Sec. 40101. Extension of trust fund expenditure authority.
Sec. 40102. Extension of highway-related taxes.

TITLE II--OTHER PROVISIONS

Sec. 40201. Temporary increase in small issuer exception to tax-exempt
interest expense allocation rules for financial
institutions.
Sec. 40202. Temporary modification of alternative minimum tax
limitations on tax-exempt bonds.
Sec. 40203. Issuance of TRIP bonds by State infrastructure banks.
Sec. 40204. Extension of parity for exclusion from income for employer-
provided mass transit and parking benefits.
Sec. 40205. Exempt-facility bonds for sewage and water supply
facilities.

TITLE III--REVENUE PROVISIONS

Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund
to Highway Trust Fund.
Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund
financing rate transferred to Highway Trust Fund.
Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund.
Sec. 40304. Revocation or denial of passport in case of certain unpaid
taxes.
Sec. 40305. 100 percent continuous levy on payments to Medicare
providers and suppliers.
Sec. 40306. Transfer of amounts attributable to certain duties on
imported vehicles into the Highway Trust Fund.
Sec. 40307. Treatment of securities of a controlled corporation
exchanged for assets in certain reorganizations.
Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan
Accounts.
Sec. 40309. Depreciation and amortization rules for highway and related
property subject to long-term leases.
Sec. 40310. Extension for transfers of excess pension assets to retiree
health accounts.
Sec. 40311. Transfer of excess pension assets to retiree group term
life insurance accounts.
Sec. 40312. Pension funding stabilization.

[[Page S783]]

TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES

SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.

(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``April 1, 2012'' in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ``October 1, 2013''; and
(2) by striking ``Surface Transportation Extension Act of
2011, Part II'' in subsections (c)(1) and (e)(3) and
inserting ``Moving Ahead for Progress in the 21st Century
Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Surface Transportation Extension Act of
2011, Part II'' each place it appears in subsection (b)(2)
and inserting ``Moving Ahead for Progress in the 21st Century
Act''; and
(2) by striking ``April 1, 2012'' in subsection (d)(2) and
inserting ``October 1, 2013''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph
(2) of section 9508(e) of the Internal Revenue Code of 1986
is amended by striking ``April 1, 2012'' and inserting
``October 1, 2013''.
(d) Establishment of Solvency Account.--Section 9503 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(g) Establishment of Solvency Account.--
``(1) Creation of account.--There is established in the
Highway Trust Fund a separate account to be known as the
`Solvency Account' consisting of such amounts as may be
transferred or credited to the Solvency Account as provided
in this section or section 9602(b).
``(2) Transfers to solvency account.--The Secretary of the
Treasury shall transfer to the Solvency Account the excess
of--
``(A) any amount appropriated to the Highway Trust Fund
before October 1, 2013, by reason of the provisions of, and
amendments made by, the Highway Investment, Job Creation, and
Economic Growth Act of 2012, over
``(B) the amount necessary to meet the required
expenditures from the Highway Trust Fund under subsection (c)
for the period ending before October 1, 2013.
``(3) Expenditures from account.--Amounts in the Solvency
Account shall be available for transfers to the Highway
Account (as defined in subsection (e)(5)(B)) and the Mass
Transit Account in such amounts as determined necessary by
the Secretary to ensure that each account has a surplus
balance of $2,800,000,000 on September 30, 2013.
``(4) Termination of account.--The Solvency Account shall
terminate on September 30, 2013, and the Secretary shall
transfer any remaining balance in the Account on such date to
the Highway Trust Fund.''.
(e) Effective Date.--The amendments made by this section
shall take effect on April 1, 2012.

SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES.

(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``March 31,
2012'' and inserting ``September 30, 2015'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``April 1, 2012'' and inserting ``October
1, 2015'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy
Vehicles.--Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``2012'' and
inserting ``2015'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``April 1, 2012'' each place it appears and
inserting ``October 1, 2015'';
(2) by striking ``September 30, 2012'' each place it
appears and inserting ``March 31, 2016''; and
(3) by striking ``July 1, 2012'' and inserting ``January 1,
2016''.
(d) Extension of Certain Exemptions.--Sections 4221(a) and
4483(i) of the Internal Revenue Code of 1986 are each amended
by striking ``April 1, 2012'' and inserting ``October 1,
2015''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)--
(i) by striking ``April 1, 2012'' each place it appears in
paragraphs (1) and (2) and inserting ``October 1, 2015'';
(ii) by striking ``April 1, 2012'' in the heading of
paragraph (2) and inserting ``October 1, 2015'';
(iii) by striking ``March 31, 2012'' in paragraph (2) and
inserting ``September 30, 2015''; and
(iv) by striking ``January 1, 2013'' in paragraph (2) and
inserting ``July 1, 2016''; and
(B) in subsection (c)(2), by striking ``January 1, 2013''
and inserting ``July 1, 2016''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section
9503(c) of such Code are each amended by striking ``April 1,
2012'' and inserting ``October 1, 2015''.
(B) Conforming amendments to land and water conservation
fund.--Section 201(b) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l 11(b)) is amended--
(i) by striking ``April 1, 2013'' each place it appears and
inserting ``October 1, 2016''; and
(ii) by striking ``April 1, 2012'' and inserting ``October
1, 2015''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on April 1,
2012.
(2) Subsection (b)(2).--The amendment made by subsection
(b)(2) shall apply to periods beginning after September 30,
2012.

TITLE II--OTHER PROVISIONS

SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EXCEPTION TO
TAX-EXEMPT INTEREST EXPENSE ALLOCATION RULES
FOR FINANCIAL INSTITUTIONS.

(a) In General.--Subparagraph (G) of section 265(b)(3) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``2009 or 2010'' in clause (i) and
inserting ``2009, 2010, or 2012'',
(2) by striking ``2009 or 2010'' each place it appears in
clauses (ii) and (iii) and inserting ``2009, 2010, or the
period beginning after the date of the enactment of the
Highway Investment, Job Creation, and Economic Growth Act of
2012 and before January 1, 2013'', and
(3) by striking ``2009 and 2010'' in the heading and
inserting ``2009, 2010, and 2012''.
(b) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.

SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX
LIMITATIONS ON TAX-EXEMPT BONDS.

(a) Interest on Private Activity Bonds Not Treated as Tax
Preference Items.--Clause (vi) of section 57(a)(5)(C) of the
Internal Revenue Code of 1986 is amended--
(1) in subclause (I) by inserting ``, or after the date of
enactment of the Highway Investment, Job Creation, and
Economic Growth Act of 2012 and before January 1, 2013''
after ``January 1, 2011'';
(2) in subclause (III) by inserting ``before January 1,
2011'' after ``which is issued''; and
(3) by striking ``and 2010'' in the heading and inserting
``, 2010, and portions of 2012''.
(b) No Adjustment to Adjusted Current Earnings.--Clause
(iv) of section 56(g)(4)(B) of the Internal Revenue Code of
1986 is amended--
(1) in subclause (I) by inserting ``, or after the date of
enactment of the Highway Investment, Job Creation, and
Economic Growth Act of 2012 and before January 1, 2013''
after ``January 1, 2011'';
(2) in subclause (III) by inserting ``before January 1,
2011'' after ``which is issued''; and
(3) by striking ``and 2010'' in the heading and inserting
``, 2010, and portions of  2012''.
(c) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of enactment
of this Act.

SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRASTRUCTURE
BANKS.

Section 610(d) of title 23, United States Code, is
amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively,
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) TRIP bond account.--
``(A) In general.--A State, through a State infrastructure
bank, may issue TRIP bonds and deposit proceeds from such
issuance into the TRIP bond account of the bank.
``(B) TRIP bond.--For purposes of this section, the term
`TRIP bond' means any bond issued as part of an issue if--
``(i) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred after the date
of the enactment of this paragraph for 1 or more qualified
projects pursuant to an allocation of such proceeds to such
project or projects by a State infrastructure bank,
``(ii) the bond is issued by a State infrastructure bank
and is in registered form (within the meaning of section
149(a) of the Internal Revenue Code of 1986),
``(iii) the State infrastructure bank designates such bond
for purposes of this section, and
``(iv) the term of each bond which is part of such issue
does not exceed 30 years.
``(C) Qualified project.--For purposes of this
subparagraph, the term `qualified project' means the capital
improvements to any transportation infrastructure project of
any governmental unit or other person, including roads,
bridges, rail and transit systems, ports, and inland
waterways proposed and approved by a State infrastructure
bank, but does not include costs of operations or maintenance
with respect to such project.'',
(3) by adding at the end of paragraph (5), as redesignated
by paragraph (1), the following new subparagraph:
``(D) TRIP bond account..--Funds deposited into the TRIP
bond account shall constitute for purposes of this section a
capitalization grant for the TRIP bond account of the
bank.'', and
(4) by adding at the end the following new paragraph:
``(8) Special rules for trip bond account funds.--

[[Page S784]]

``(A) In general.--The State shall develop a transparent
competitive process for the award of funds deposited into the
TRIP bond account that considers the impact of qualified
projects on the economy, the environment, state of good
repair, and equity.
``(B) Applicability of federal law.--The requirements of
any Federal law, including this title and titles 40 and 49,
which would otherwise apply to projects to which the United
States is a party or to funds made available under such law
and projects assisted with those funds shall apply to--
``(i) funds made available under the TRIP bond account for
similar qualified projects, and
``(ii) similar qualified projects assisted through the use
of such funds.''.

SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM INCOME FOR
EMPLOYER-PROVIDED MASS TRANSIT AND PARKING
BENEFITS.

(a) In General.--Paragraph (2) of section 132(f) of the
Internal Revenue Code of 1986 is amended by striking
``January 1, 2012'' and inserting ``January 1, 2013''.
(b) Effective Date.--The amendment made by this section
shall apply to months after December 31, 2011.

SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY
FACILITIES.

(a) Bonds for Water and Sewage Facilities Temporarily
Exempt From Volume Cap on Private Activity Bonds.--Subsection
(g) of section 146 of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``and'' at the end of paragraph (3),
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'', and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) any exempt facility bonds issued before January 1,
2018, as part of an issue described in paragraph (4) or (5)
of section 142(a).''.
(b) Conforming Change.--Paragraphs (2) and (3)(B) of
section 146(k) of the Internal Revenue Code of 1986 are both
amended by striking ``paragraph (4), (5), (6), or (10) of
section 142(a)'' and inserting ``paragraph (4) or (5) of
section 142(a) with respect to bonds issued after December
31, 2017, or paragraph (6) or (10) of section 142(a)''.
(c) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.

TITLE III--REVENUE PROVISIONS

SEC. 40301. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK
TRUST FUND TO HIGHWAY TRUST FUND.

(a) In General.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``Amounts'' and inserting:
``(1) In general.--Except as provided in paragraph (2),
amounts'', and
(2) by adding at the end the following new paragraph:
``(2) Transfer to highway trust fund.--Out of amounts in
the Leaking Underground Storage Tank Trust Fund there is
hereby appropriated $3,000,000,000 to be transferred under
section 9503(f)(3) to the Highway Trust Fund.''.
(b) Transfer to Highway Trust Fund.--
(1) In general.--Subsection (f) of section 9503 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Increase in fund balance.--There is hereby
transferred to the Highway Trust Fund amounts appropriated
from the Leaking Underground Storage Tank Trust Fund under
section 9508(c)(2).''.
(2) Conforming amendments.--Paragraph (4) of section
9503(f) of such Code is amended--
(A) by inserting ``or transferred'' after ``appropriated'',
and
(B) by striking ``appropriated'' in the heading thereof.

SEC. 40302. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST
FUND FINANCING RATE TRANSFERRED TO HIGHWAY
TRUST FUND.

(a) In General.--Subsection (b) of section 9503 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Portion of leaking underground storage tank trust
fund financing rate.--There are hereby appropriated to the
Highway Trust Fund amounts equivalent to one-third of the
taxes received in the Treasury under--
``(A) section 4041(d) (relating to additional taxes on
motor fuels),
``(B) section 4081 (relating to tax on gasoline, diesel
fuel, and kerosene) to the extent attributable to the Leaking
Underground Storage Tank Trust Fund financing rate under such
section, and
``(C) section 4042 (relating to tax on fuel used in
commercial transportation on inland waterways) to the extent
attributable to the Leaking Underground Storage Tank Trust
Fund financing rate under such section.

For purposes of this paragraph, there shall not be taken into
account the taxes imposed by sections 4041 and 4081 on diesel
fuel sold for use or used as fuel in a diesel-powered
boat.''.
(b) Conforming Amendments.--
(1) Paragraphs (1), (2), and (3) of section 9508(b) of the
Internal Revenue Code of 1986 are each amended by inserting
``two-thirds of the'' before ``taxes''.
(2) Paragraph (4) of section 9503(b) of such Code is
amended by striking subparagraphs (A) and (B) and by
redesignating subparagraphs (C) and (D) as subparagraphs (A)
and (B), respectively.
(c) Effective Date.--The amendments made by this section
shall apply to taxes received after the date of the enactment
of this Act.

SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGHWAY TRUST
FUND.

(a) In General.--Paragraph (1) of section 9503(b) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraphs (C), (D), and (E) as subparagraphs (D), (E),
and (F), respectively, and by inserting after subparagraph
(B) the following new subparagraph:
``(B) section 4064 (relating to gas guzzler tax),''.
(b) Effective Date.--The amendments made by this section
shall apply to taxes received after the date of the enactment
of this Act.

SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN UNPAID TAXES.

(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:

``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.

``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section 4
of the Act entitled `An Act to regulate the issue and
validity of passports, and for other purposes', approved July
3, 1926 (22 U.S.C. 211a et seq.), commonly known as the
`Passport Act of 1926'.
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2012, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.

If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 4 of the Act entitled `An Act to regulate the issue
and validity of passports, and for other purposes', approved
July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the
`Passport Act of 1926'.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Revocation Authorization.--The Act entitled ``An Act to
regulate the issue and validity of passports, and for other
purposes'', approved July 3, 1926 (22 U.S.C. 211a et seq.),
commonly known as the ``Passport Act of 1926'', is amended by
adding at the end the following:

``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT.

``(a) Ineligibility.--
``(1) Issuance.--Except as provided under subsection (b),
upon receiving a certification

[[Page S785]]

described in section 7345 of the Internal Revenue Code of
1986 from the Secretary of the Treasury, the Secretary of
State may not issue a passport or passport card to any
individual who has a seriously delinquent tax debt described
in such section.
``(2) Revocation.--The Secretary of State shall revoke a
passport or passport card previously issued to any individual
described in subparagraph (A).
``(b) Exceptions.--
``(1) Emergency and humanitarian situations.--
Notwithstanding subsection (a), the Secretary of State may
issue a passport or passport card, in emergency circumstances
or for humanitarian reasons, to an individual described in
subsection (a)(1).
``(2) Limitation for return to united states.--
Notwithstanding subsection (a)(2), the Secretary of State,
before revocation, may--
``(A) limit a previously issued passport or passport card
only for return travel to the United States; or
``(B) issue a limited passport or passport card that only
permits return travel to the United States.''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2013.

SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS TO
MEDICARE PROVIDERS AND SUPPLIERS.

(a) In General.--Paragraph (3) of section 6331(h) of the
Internal Revenue Code of 1986 is amended by striking the
period at the end and inserting ``, or to a Medicare provider
or supplier under title XVIII of the Social Security Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to payments made after the date of the enactment
of this Act.

SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO CERTAIN
DUTIES ON IMPORTED VEHICLES INTO THE HIGHWAY
TRUST FUND.

Section 9503(b) of the Internal Revenue Code of 1986, as
amended by this Act, is amended by adding at the end the
following new paragraph:
``(8) Certain duties on imported vehicles.--There are
hereby appropriated to the Highway Trust Fund amounts
equivalent to the amounts received in the Treasury that are
attributable to duties collected on or after October 1, 2011,
and before October 1, 2016, on articles classified under
subheading 8703.22.00 or 8703.24.00 of the Harmonized Tariff
Schedule of the United States.''.

SEC. 40307. TREATMENT OF SECURITIES OF A CONTROLLED
CORPORATION EXCHANGED FOR ASSETS IN CERTAIN
REORGANIZATIONS.

(a) In General.--Section 361 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(d) Special Rules for Transactions Involving Section 355
Distributions.--In the case of a reorganization described in
section 368(a)(1)(D) with respect to which stock or
securities of the corporation to which the assets are
transferred are distributed in a transaction which qualifies
under section 355--
``(1) this section shall be applied by substituting `stock
other than nonqualified preferred stock (as defined in
section 351(g)(2))' for `stock or securities' in subsections
(a) and (b)(1), and
``(2) the first sentence of subsection (b)(3) shall apply
only to the extent that the sum of the money and the fair
market value of the other property transferred to such
creditors does not exceed the adjusted bases of such assets
transferred (reduced by the amount of the liabilities assumed
(within the meaning of section 357(c))).''.
(b) Conforming Amendment.--Paragraph (3) of section 361(b)
is amended by striking the last sentence.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to exchanges
after the date of the enactment of this Act.
(2) Transition rule.--The amendments made by this section
shall not apply to any exchange pursuant to a transaction
which is--
(A) made pursuant to a written agreement which was binding
on February 6, 2012, and at all times thereafter;
(B) described in a ruling request submitted to the Internal
Revenue Service on or before February 6, 2012; or
(C) described on or before February 6, 2012, in a public
announcement or in a filing with the Securities and Exchange
Commission.

SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND THRIFT
SAVINGS PLAN ACCOUNTS.

Section 8437(e)(3) of title 5, United States Code, is
amended by inserting ``, the enforcement of a Federal tax
levy as provided in section 6331 of the Internal Revenue Code
of 1986,'' after ``(42 U.S.C. 659)''.

SEC. 40309. DEPRECIATION AND AMORTIZATION RULES FOR HIGHWAY
AND RELATED PROPERTY SUBJECT TO LONG-TERM
LEASES.

(a) Accelerated Cost Recovery.--
(1) In general.--Section 168(g)(1) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
subparagraph (D), by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph (D) the
following new subparagraph:
``(E) any applicable leased highway property,''.
(2) Recovery period.--The table contained in subparagraph
(C) of section 168(g)(2) of such Code is amended by
redesignating clause (iv) as clause (v) and by inserting
after clause (iii) the following new clause:

``(iv) Applicable leased highway property................45 years.''.

(3) Applicable leased highway property defined.--
(A) In general.--Section 168(g) of such Code is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following new paragraph:
``(7) Applicable leased highway property.--For purposes of
paragraph (1)(E)--
``(A) In general.--The term `applicable leased highway
property' means property to which this section otherwise
applies which--
``(i) is subject to an applicable lease, and
``(ii) is placed in service before the date of such lease.
``(B) Applicable lease.--The term `applicable lease' means
a lease or other arrangement--
``(i) which is between the taxpayer and a State or
political subdivision thereof, or any agency or
instrumentality of either, and
``(ii) under which the taxpayer--

``(I) leases a highway and associated improvements,
``(II) receives a right-of-way on the public lands
underlying such highway and improvements, and
``(III) receives a grant of a franchise or other intangible
right permitting the taxpayer to receive funds relating to
the operation of such highway.''.

(B) Conforming amendment.--Subparagraph (F) of section
168(g)(1) (as redesignated by subsection (a)(1)) is amended
by striking ``paragraph (7)'' and inserting ``paragraph
(8)''.
(b) Amortization of Intangibles.--Section 197(f) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(11) Intangibles relating to applicable leased highway
property.--In the case of any amortizable section 197
intangible property which is acquired in connection with an
applicable lease (as defined in section 168(g)(7)(B)), the
amortization period under this section shall not be less than
the term of the applicable lease. For purposes of the
preceding sentence, rules similar to the rules of section
168(i)(3)(A) shall apply in determining the term of the
applicable lease.''.
(c) No Private Activity Bond Financing of Applicable Leased
Highway Property.--Section 147(e) of the Internal Revenue
Code of 1986 is amended by inserting ``, or to finance any
applicable leased highway property (as defined in section
168(g)(7)(A))'' after ``premises''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to leases entered
into after the date of the enactment of this Act.
(2) No private activity bond financing.--The amendment made
by subsection (c) shall apply to bonds issued after the date
of the enactment of this Act.

SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PENSION ASSETS
TO RETIREE HEALTH ACCOUNTS.

(a) In General.--Paragraph (5) of section 420(b) of the
Internal Revenue Code of 1986 is amended by striking
``December 31, 2013'' and inserting ``December 31, 2021''.
(b) Conforming ERISA Amendments.--
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the
Employee Retirement Income Security Act of 1974 are each
amended by striking ``Pension Protection Act of 2006'' and
inserting ``Highway Investment, Job Creation, and Economic
Growth Act of 2012''.
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13))
is amended by striking ``January 1, 2014'' and inserting
``January 1, 2022''.
(c) Effective Date.--The amendments made by this Act shall
take effect on the date of the enactment of this Act.

SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RETIREE
GROUP TERM LIFE INSURANCE ACCOUNTS.

(a) In General.--Subsection (a) of section 420 of the
Internal Revenue Code of 1986 is amended by inserting ``, or
an applicable life insurance account,'' after ``health
benefits account''.
(b) Applicable Life Insurance Account Defined.--
(1) In general.--Subsection (e) of section 420 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6),
respectively, and by inserting after paragraph (3) the
following new paragraph:
``(4) Applicable life insurance account.--The term
`applicable life insurance account' means a separate account
established and maintained for amounts transferred under this
section for qualified current retiree liabilities based on
premiums for applicable life insurance benefits.''.
(2) Applicable life insurance benefits defined.--Paragraph
(1) of section 420(e) of such Code is amended by
redesignating subparagraph (D) as subparagraph (E) and by
inserting after subparagraph (C) the following new
subparagraph:
``(D) Applicable life insurance benefits.--The term
`applicable life insurance benefits' means group-term life
insurance coverage provided to retired employees who,
immediately before the qualified transfer, are entitled to
receive such coverage by reason of retirement and who are
entitled to pension benefits under the plan, but only to the
extent that such coverage is provided under a policy for
retired employees and the

[[Page S786]]

cost of such coverage is excludable from the retired
employee's gross income under section 79.''.
(3) Collectively bargained life insurance benefits
defined.--
(A) In general.--Paragraph (6) of section 420(f) of such
Code is amended by redesignating subparagraph (D) as
subparagraph (E) and by inserting after subparagraph (C) the
following new subparagraph:
``(D) Collectively bargained life insurance benefits.--The
term `collectively bargained life insurance benefits' means,
with respect to any collectively bargained transfer--
``(i) applicable life insurance benefits which are provided
to retired employees who, immediately before the transfer,
are entitled to receive such benefits by reason of
retirement, and
``(ii) if specified by the provisions of the collective
bargaining agreement governing the transfer, applicable life
insurance benefits which will be provided at retirement to
employees who are not retired employees at the time of the
transfer.''.
(B) Conforming amendments.--
(i) Clause (i) of section 420(e)(1)(C) of such Code is
amended by striking ``upon retirement'' and inserting ``by
reason of retirement''.
(ii) Subparagraph (C) of section 420(f)(6) of such Code is
amended--

(I) by striking ``which are provided to'' in the matter
preceding clause (i),
(II) by inserting ``which are provided to'' before
``retired employees'' in clause (i),
(III) by striking ``upon retirement'' in clause (i) and
inserting ``by reason of retirement'', and
(IV) by striking ``active employees who, following their
retirement,'' and inserting ``which will be provided at
retirement to employees who are not retired employees at the
time of the transfer and who''.

(c) Maintenance of Effort.--
(1) In general.--Subparagraph (A) of section 420(c)(3) of
the Internal Revenue Code of 1986 is amended by inserting ``,
and each group-term life insurance plan under which
applicable life insurance benefits are provided,'' after
``health benefits are provided''.
(2) Conforming amendments.--
(A) Subparagraph (B) of section 420(c)(3) of such Code is
amended--
(i) by redesignating subclauses (I) and (II) of clause (i)
as subclauses (II) and (III) of such clause, respectively,
and by inserting before subclause (II) of such clause, as so
redesignated, the following new subclause:

``(I) separately with respect to applicable health benefits
and applicable life insurance benefits,'', and

(ii) by striking ``for applicable health benefits'' and all
that follows in clause (ii) and inserting ``was provided
during such taxable year for the benefits with respect to
which the determination under clause (i) is made.''.
(B) Subparagraph (C) of section 420(c)(3) of such Code is
amended--
(i) by inserting ``for applicable health benefits'' after
``applied separately'', and
(ii) by inserting ``, and separately for applicable life
insurance benefits with respect to individuals age 65 or
older at any time during the taxable year and with respect to
individuals under age 65 during the taxable year'' before the
period.
(C) Subparagraph (E) of section 420(c)(3) of such Code is
amended--
(i) in clause (i), by inserting ``or retiree life insurance
coverage, as the case may be,'' after ``retiree health
coverage'', and
(ii) in clause (ii), by inserting ``for retiree health
coverage'' after ``cost reductions'' in the heading thereof,
and
(iii) in clause (ii)(II), by inserting ``with respect to
applicable health benefits'' after ``liabilities of the
employer''.
(D) Paragraph (2) of section 420(f) of such Code is amended
by striking ``collectively bargained retiree health
liabilities'' each place it occurs and inserting
``collectively bargained retiree liabilities''.
(E) Clause (i) of section 420(f)(2)(D) of such Code is
amended--
(i) by inserting ``, and each group-term life insurance
plan or arrangement under which applicable life insurance
benefits are provided,'' in subclause (I) after ``applicable
health benefits are provided'',
(ii) by inserting ``or applicable life insurance benefits,
as the case may be,'' in subclause (I) after ``provides
applicable health benefits'',
(iii) by striking ``group health'' in subclause (II), and
(iv) by inserting ``or collectively bargained life
insurance benefits'' in subclause (II) after ``collectively
bargained health benefits''.
(F) Clause (ii) of section 420(f)(2)(D) of such Code is
amended--
(i) by inserting ``with respect to applicable health
benefits or applicable life insurance benefits'' after
``requirements of subsection (c)(3)'', and
(ii) by adding at the end the following: ``Such election
may be made separately with respect to applicable health
benefits and applicable life insurance benefits. In the case
of an election with respect to applicable life insurance
benefits, the first sentence of this clause shall be applied
as if subsection (c)(3) as in effect before the amendments
made by such Act applied to such benefits.''
(G) Clause (iii) of section 420(f)(2)(D) of such Code is
amended--
(i) by striking ``retiree'' each place it occurs, and
(ii) by inserting ``, collectively bargained life insurance
benefits, or both, as the case may be,'' after ``health
benefits'' each place it occurs.
(d) Coordination With Section 79.--Section 79 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(f) Exception for Life Insurance Purchased in Connection
With Qualified Transfer of Excess Pension Assets.--Subsection
(b)(3) and section 72(m)(3) shall not apply in the case of
any cost paid (whether directly or indirectly) with assets
held in an applicable life insurance account (as defined in
section 420(e)(4)) under a defined benefit plan.''.
(e) Conforming Amendments.--
(1) Section 420 of the Internal Revenue Code of 1986 is
amended by striking ``qualified current retiree health
liabilities'' each place it appears and inserting ``qualified
current retiree liabilities''.
(2) Section 420 of such Code is amended by inserting ``, or
an applicable life insurance account,'' after ``a health
benefits account'' each place it appears in subsection
(b)(1)(A), subparagraphs (A), (B)(i), and (C) of subsection
(c)(1), subsection (d)(1)(A), and subsection (f)(2)(E)(ii).
(3) Section 420(b) of such Code is amended--
(A) by adding the following at the end of paragraph (2)(A):
``If there is a transfer from a defined benefit plan to both
a health benefits account and an applicable life insurance
account during any taxable year, such transfers shall be
treated as 1 transfer for purposes of this paragraph.'', and
(B) by inserting ``to an account'' after ``may be
transferred'' in paragraph (3).
(4) The heading for section 420(c)(1)(B) of such Code is
amended by inserting ``or life insurance'' after ``health
benefits''.
(5) Paragraph (1) of section 420(e) of such Code is
amended--
(A) by inserting ``and applicable life insurance benefits''
in subparagraph (A) after ``applicable health benefits'', and
(B) by striking ``health'' in the heading thereof.
(6) Subparagraph (B) of section 420(e)(1) of such Code is
amended--
(A) in the matter preceding clause (i), by inserting
``(determined separately for applicable health benefits and
applicable life insurance benefits)'' after ``shall be
reduced by the amount'',
(B) in clause (i), by inserting ``or applicable life
insurance accounts'' after ``health benefit accounts'', and
(C) in clause (i), by striking ``qualified current retiree
health liability'' and inserting ``qualified current retiree
liability''.
(7) The heading for subsection (f) of section 420 of such
Code is amended by striking ``Health'' each place it occurs.
(8) Subclause (II) of section 420(f)(2)(B)(ii) of such Code
is amended by inserting ``or applicable life insurance
account, as the case may be,'' after ``health benefits
account''.
(9) Subclause (III) of section 420(f)(2)(E)(i) of such Code
is amended--
(A) by inserting ``defined benefit'' before ``plan
maintained by an employer'', and
(B) by inserting ``health'' before ``benefit plans
maintained by the employer''.
(10) Paragraphs (4) and (6) of section 420(f) of such Code
are each amended by striking ``collectively bargained retiree
health liabilities'' each place it occurs and inserting
``collectively bargained retiree liabilities''.
(11) Subparagraph (A) of section 420(f)(6) of such Code is
amended--
(A) in clauses (i) and (ii), by inserting ``, in the case
of a transfer to a health benefits account,'' before ``his
covered spouse and dependents'', and
(B) in clause (ii), by striking ``health plan'' and
inserting ``plan''.
(12) Subparagraph (B) of section 420(f)(6) of such Code is
amended--
(A) in clause (i), by inserting ``, and collectively
bargained life insurance benefits,'' after ``collectively
bargained health benefits'',
(B) in clause (ii)--
(i) by adding at the end the following: ``The preceding
sentence shall be applied separately for collectively
bargained health benefits and collectively bargained life
insurance benefits.'', and
(ii) by inserting ``, applicable life insurance accounts,''
after ``health benefit accounts'', and
(C) by striking ``health'' in the heading thereof.
(13) Subparagraph (E) of section 420(f)(6) of such Code, as
redesignated by subsection (b), is amended--
(A) by striking ``bargained health'' and inserting
``bargained'',
(B) by inserting ``, or a group-term life insurance plan or
arrangement for retired employees,'' after ``dependents'' ,
and
(C) by striking ``health'' in the heading thereof.
(14) Section 101(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(e)) is amended--
(A) in paragraphs (1) and (2), by inserting ``or applicable
life insurance account'' after ``health benefits account''
each place it appears, and
(B) in paragraph (1), by inserting ``or applicable life
insurance benefit liabilities'' after ``health benefits
liabilities''.
(f) Technical Correction.--Clause (iii) of section
420(f)(6)(B) is amended by striking ``416(I)(1)'' and
inserting ``416(i)(1)''.
(g) Repeal of Deadwood.--

[[Page S787]]

(1) Subparagraph (A) of section 420(b)(1) of the Internal
Revenue Code of 1986 is amended by striking ``in a taxable
year beginning after December 31, 1990''.
(2) Subsection (b) of section 420 of such Code is amended
by striking paragraph (4) and by redesignating paragraph (5),
as amended by this Act, as paragraph (4).
(3) Paragraph (2) of section 420(b) of such Code, as
amended by this section, is amended--
(A) by striking subparagraph (B), and
(B) by striking ``per year.--'' and all that follows
through ``No more than'' and inserting ``per year.--No more
than''.
(4) Paragraph (2) of section 420(c) of such Code is
amended--
(A) by striking subparagraph (B),
(B) by moving subparagraph (A) two ems to the left, and
(C) by striking ``before transfer.--'' and all that follows
through ``The requirements of this paragraph'' and inserting
the following: ``before transfer.--The requirements of this
paragraph''.
(5) Paragraph (2) of section 420(d) of such Code is amended
by striking ``after December 31, 1990''.
(h) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to transfers made after the date of the enactment of
this Act.
(2) Conforming amendments relating to pension protection
act.--The amendments made by subsections (b)(3)(B) and (f)
shall take effect as if included in the amendments made by
section 841(a) of the Pension Protection Act of 2006.

SEC. 40312. PENSION FUNDING STABILIZATION.

(a) Amendments to Internal Revenue Code of 1986.--
(1) In general.--Subparagraph (C) of section 430(h)(2) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new clause:
``(iv) Segment rate stabilization.--If a segment rate
described in clause (i), (ii), or (iii) with respect to any
applicable month (determined without regard to this clause)
is less than 85 percent, or more than 115 percent, of the
average of the segment rates (determined on an annual basis
by the Secretary) described in such clause for years in the
10-year period ending with September 30 of the calendar year
preceding the calendar year in which the plan year begins,
then the segment rate described in such clause with respect
to the applicable month shall be equal to 85 or 115 percent
of such average, whichever is closest.''.
(2) Conforming amendments.--
(A) Paragraph (6) of section 404(o) of such Code is amended
by inserting ``(determined by not taking into account any
adjustment under clause (iv) of subsection (h)(2)(C)
thereof)'' before the period.
(B) Subparagraph (F) of section 430(h)(2) of such Code is
amended by inserting ``and the averages determined under
subparagraph (C)(iv)'' after ``subparagraph (C)''.
(C) Subparagraphs (C) and (D) of section 417(e)(3) of such
Code are each amended by striking ``section 430(h)(2)(C)''
and inserting ``section 430(h)(2)(C) (determined by not
taking into account any adjustment under clause (iv)
thereof)''.
(b) Amendments to Employee Retirement Income Security Act
of 1974.--
(1) In general.--Subparagraph (C) of section 303(h)(2) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1083(h)(2)) is amended by adding at the end the
following new clause:
``(iv) Segment rate stabilization.--If a segment rate
described in clause (i), (ii), or (iii) with respect to any
applicable month (determined without regard to this clause)
is less than 85 percent, or more than 115 percent, of the
average of the segment rates (determined on an annual basis
by the Secretary of the Treasury) described in such clause
for years in the 10-year period ending with September 30 of
the calendar year preceding the calendar year in which the
plan year begins, then the segment rate described in such
clause with respect to the applicable month shall be equal to
85 or 115 percent of such average, whichever is closest.''.
(2) Conforming amendments.--
(A) Subparagraph (F) of section 303(h)(2) of such Act (29
U.S.C. 1083(h)(2)) is amended by inserting ``and the averages
determined under subparagraph (C)(iv)'' after ``subparagraph
(C)''.
(B) Clauses (ii) and (iii) of section 205(g)(3)(B) of such
Act (29 U.S.C. 1055(g)(3)(B)) are each amended by striking
``section 303(h)(2)(C)'' and inserting ``section 303(h)(2)(C)
(determined by not taking into account any adjustment under
clause (iv) thereof)''.
(C) Clause (iv) of section 4006(a)(3)(E) of such Act (29
U.S.C. 1306(a)(3)(E)) is amended by striking ``section
303(h)(2)(C)'' and inserting ``section 303(h)(2)(C)
(notwithstanding any regulations issued by the corporation,
determined by not taking into account any adjustment under
clause (iv) thereof)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2011.
(d) Transfer to Highway Trust Fund.--Subsection (f) of
section 9503 of the Internal Revenue Code of 1986, as amended
by this Act, is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Additional appropriation to fund.--Out of money in
the Treasury not otherwise appropriated, there is hereby
appropriated $1,588,000,000 to the Highway Trust Fund.''.
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