PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 405 

Public Law 112–141 

112th Congress 

An Act 

To authorize funds for Federal-aid highways, highway safety programs, and transit 

programs, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; 

TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Moving Ahead 

for Progress in the 21st Century Act’’ or the ‘‘MAP–21’’. 

(b) DIVISIONS.—This Act is organized into 8 divisions as follows: 

(1) Division A–Federal-aid Highways and Highway Safety 

Construction Programs. 

(2) Division B–Public Transportation. 

(3) Division C–Transportation Safety and Surface Transportation Policy. 

(4) Division D–Finance. 

(5) Division E–Research and Education. 

(6) Division F–Miscellaneous. 

(7) Division G–Surface Transportation Extension. 

(8) Division H–Budgetary Effects. 

(c) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; organization of Act into divisions; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 

DIVISION A—FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY 

CONSTRUCTION PROGRAMS 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Definitions. 

Sec. 1104. National Highway System. 

Sec. 1105. Apportionment. 

Sec. 1106. National highway performance program. 

Sec. 1107. Emergency relief. 

Sec. 1108. Surface transportation program. 

Sec. 1109. Workforce development. 

Sec. 1110. Highway use tax evasion projects. 

Sec. 1111. National bridge and tunnel inventory and inspection standards. 

Sec. 1112. Highway safety improvement program. 

Sec. 1113. Congestion mitigation and air quality improvement program. 

Sec. 1114. Territorial and Puerto Rico highway program. 

Sec. 1115. National freight policy. 

Sec. 1116. Prioritization of projects to improve freight movement. 

Sec. 1117. State freight advisory committees. 

23 USC 101 note. 

Moving Ahead for 

Progress in the 

21st Century Act. 

State and local 

governments. 

July 6, 2012 

[H.R. 4348] 


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126 STAT. 406 PUBLIC LAW 112–141—JULY 6, 2012 

Sec. 1118. State freight plans. 

Sec. 1119. Federal lands and tribal transportation programs. 

Sec. 1120. Projects of national and regional significance. 

Sec. 1121. Construction of ferry boats and ferry terminal facilities. 

Sec. 1122. Transportation alternatives. 

Sec. 1123. Tribal high priority projects program. 

Subtitle B—Performance Management 

Sec. 1201. Metropolitan transportation planning. 

Sec. 1202. Statewide and nonmetropolitan transportation planning. 

Sec. 1203. National goals and performance management measures. 

Subtitle C—Acceleration of Project Delivery 

Sec. 1301. Declaration of policy and project delivery initiative. 

Sec. 1302. Advance acquisition of real property interests. 

Sec. 1303. Letting of contracts. 

Sec. 1304. Innovative project delivery methods. 

Sec. 1305. Efficient environmental reviews for project decisionmaking. 

Sec. 1306. Accelerated decisionmaking. 

Sec. 1307. Assistance to affected Federal and State agencies. 

Sec. 1308. Limitations on claims. 

Sec. 1309. Accelerating completion of complex projects within 4 years. 

Sec. 1310. Integration of planning and environmental review. 

Sec. 1311. Development of programmatic mitigation plans. 

Sec. 1312. State assumption of responsibility for categorical exclusions. 

Sec. 1313. Surface transportation project delivery program. 

Sec. 1314. Application of categorical exclusions for multimodal projects. 

Sec. 1315. Categorical exclusions in emergencies. 

Sec. 1316. Categorical exclusions for projects within the right-of-way. 

Sec. 1317. Categorical exclusion for projects of limited Federal assistance. 

Sec. 1318. Programmatic agreements and additional categorical exclusions. 

Sec. 1319. Accelerated decisionmaking in environmental reviews. 

Sec. 1320. Memoranda of agency agreements for early coordination. 

Sec. 1321. Environmental procedures initiative. 

Sec. 1322. Review of State environmental reviews and approvals for the purpose of 

eliminating duplication of environmental reviews. 

Sec. 1323. Review of Federal project and program delivery. 

Subtitle D—Highway Safety 

Sec. 1401. Jason’s law. 

Sec. 1402. Open container requirements. 

Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated or 

driving under the influence. 

Sec. 1404. Adjustments to penalty provisions. 

Sec. 1405. Highway worker safety. 

Subtitle E—Miscellaneous 

Sec. 1501. Real-time ridesharing. 

Sec. 1502. Program efficiencies. 

Sec. 1503. Project approval and oversight. 

Sec. 1504. Standards. 

Sec. 1505. Justification reports for access points on the Interstate System. 

Sec. 1506. Construction. 

Sec. 1507. Maintenance. 

Sec. 1508. Federal share payable. 

Sec. 1509. Transferability of Federal-aid highway funds. 

Sec. 1510. Idle reduction technology. 

Sec. 1511. Special permits during periods of national emergency. 

Sec. 1512. Tolling. 

Sec. 1513. Miscellaneous parking amendments. 

Sec. 1514. HOV facilities. 

Sec. 1515. Funding flexibility for transportation emergencies. 

Sec. 1516. Defense access road program enhancements to address transportation 

infrastructure in the vicinity of military installations. 

Sec. 1517. Mapping. 

Sec. 1518. Buy America provisions. 

Sec. 1519. Consolidation of programs; repeal of obsolete provisions. 

Sec. 1520. Denali Commission. 

Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition Policies 

Act of 1970 amendments. 

Sec. 1522. Extension of public transit vehicle exemption from axle weight restrictions. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 407 

Sec. 1523. Use of debris from demolished bridges and overpasses. 

Sec. 1524. Use of youth service and conservation corps. 

Sec. 1525. State autonomy for culvert pipe selection. 

Sec. 1526. Evacuation routes. 

Sec. 1527. Consolidation of grants. 

Sec. 1528. Appalachian development highway system. 

Sec. 1529. Engineering judgment. 

Sec. 1530. Transportation training and employment programs. 

Sec. 1531. Notice of certain grant awards. 

Sec. 1532. Budget justification. 

Sec. 1533. Prohibition on use of funds for automated traffic enforcement. 

Sec. 1534. Public-private partnerships. 

Sec. 1535. Report on Highway Trust Fund expenditures. 

Sec. 1536. Sense of Congress on harbor maintenance. 

Sec. 1537. Estimate of harbor maintenance needs. 

Sec. 1538. Asian carp. 

Sec. 1539. Rest areas. 

Subtitle F—Gulf Coast Restoration 

Sec. 1601. Short title. 

Sec. 1602. Gulf Coast Restoration Trust Fund. 

Sec. 1603. Gulf Coast natural resources restoration and economic recovery. 

Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and 

Technology program. 

Sec. 1605. Centers of excellence research grants. 

Sec. 1606. Effect. 

Sec. 1607. Restoration and protection activity limitations. 

Sec. 1608. Inspector General. 

TITLE II—AMERICA FAST FORWARD FINANCING INNOVATION 

Sec. 2001. Short title. 

Sec. 2002. Transportation Infrastructure Finance and Innovation Act of 1998 

amendments. 

DIVISION B—PUBLIC TRANSPORTATION 

Sec. 20001. Short title. 

Sec. 20002. Repeals. 

Sec. 20003. Policies and purposes. 

Sec. 20004. Definitions. 

Sec. 20005. Metropolitan transportation planning. 

Sec. 20006. Statewide and nonmetropolitan transportation planning. 

Sec. 20007. Urbanized area formula grants. 

Sec. 20008. Fixed guideway capital investment grants. 

Sec. 20009. Mobility of seniors and individuals with disabilities. 

Sec. 20010. Formula grants for rural areas. 

Sec. 20011. Research, development, demonstration, and deployment projects. 

Sec. 20012. Technical assistance and standards development. 

Sec. 20013. Private sector participation. 

Sec. 20014. Bus testing facilities. 

Sec. 20015. Human resources and training. 

Sec. 20016. General provisions. 

Sec. 20017. Public Transportation Emergency Relief Program. 

Sec. 20018. Contract requirements. 

Sec. 20019. Transit asset management. 

Sec. 20020. Project management oversight. 

Sec. 20021. Public transportation safety. 

Sec. 20022. Alcohol and controlled substances testing. 

Sec. 20023. Nondiscrimination. 

Sec. 20024. Administrative provisions. 

Sec. 20025. National transit database. 

Sec. 20026. Apportionment of appropriations for formula grants. 

Sec. 20027. State of good repair grants. 

Sec. 20028. Authorizations. 

Sec. 20029. Bus and bus facilities formula grants. 

Sec. 20030. Technical and conforming amendments. 

DIVISION C—TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION 

POLICY 

TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 

2012 

Sec. 31001. Short title. 


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126 STAT. 408 PUBLIC LAW 112–141—JULY 6, 2012 

Sec. 31002. Definition. 

Subtitle A—Highway Safety 

Sec. 31101. Authorization of appropriations. 

Sec. 31102. Highway safety programs. 

Sec. 31103. Highway safety research and development. 

Sec. 31104. National driver register. 

Sec. 31105. National priority safety programs. 

Sec. 31106. High visibility enforcement program. 

Sec. 31107. Agency accountability. 

Sec. 31108. Emergency medical services. 

Sec. 31109. Repeal of programs. 

Subtitle B—Enhanced Safety Authorities 

Sec. 31201. Definition of motor vehicle equipment. 

Sec. 31202. Permit reminder system for non-use of safety belts. 

Sec. 31203. Civil penalties. 

Sec. 31204. Motor vehicle safety research and development. 

Sec. 31205. Odometer requirements. 

Sec. 31206. Increased penalties and damages for odometer fraud. 

Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment 

to defective vehicles and equipment. 

Sec. 31208. Conditions on importation of vehicles and equipment. 

Sec. 31209. Port inspections; samples for examination or testing. 

Subtitle C—Transparency and Accountability 

Sec. 31301. Public availability of recall information. 

Sec. 31302. National Highway Traffic Safety Administration outreach to manufacturer, dealer, and mechanic personnel. 

Sec. 31303. Public availability of communications to dealers. 

Sec. 31304. Corporate responsibility for National Highway Traffic Safety Administration reports. 

Sec. 31305. Passenger motor vehicle information program. 

Sec. 31306. Promotion of vehicle defect reporting. 

Sec. 31307. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees. 

Sec. 31308. Anti-revolving door. 

Sec. 31309. Study of crash data collection. 

Sec. 31310. Update means of providing notification; improving efficacy of recalls. 

Sec. 31311. Expanding choices of remedy available to manufacturers of replacement 

equipment. 

Sec. 31312. Recall obligations and bankruptcy of manufacturer. 

Sec. 31313. Repeal of insurance reports and information provision. 

Sec. 31314. Monroney sticker to permit additional safety rating categories. 

Subtitle D—Vehicle Electronics and Safety Standards 

Sec. 31401. National Highway Traffic Safety Administration electronics, software, 

and engineering expertise. 

Sec. 31402. Electronic systems performance. 

Subtitle E—Child Safety Standards 

Sec. 31501. Child safety seats. 

Sec. 31502. Child restraint anchorage systems. 

Sec. 31503. Rear seat belt reminders. 

Sec. 31504. Unattended passenger reminders. 

Sec. 31505. New deadline. 

Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural Equipment 

Sec. 31601. Rulemaking on visibility of agricultural equipment. 

TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 

2012 

Sec. 32001. Short title. 

Sec. 32002. References to title 49, United States Code. 

Subtitle A—Commercial Motor Vehicle Registration 

Sec. 32101. Registration of motor carriers. 

Sec. 32102. Safety fitness of new operators. 

Sec. 32103. Reincarnated carriers. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 409 

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. 

Subtitle B—Commercial Motor Vehicle Safety 

Sec. 32201. Crashworthiness standards. 

Sec. 32202. Canadian safety rating reciprocity. 

Sec. 32203. State reporting of foreign commercial driver convictions. 

Sec. 32204. Authority to disqualify foreign commercial drivers. 

Sec. 32205. Revocation of foreign motor carrier operating authority for failure to 

pay civil penalties. 

Sec. 32206. Rental truck accident study. 

Subtitle C—Driver Safety 

Sec. 32301. Hours of service study and electronic logging devices. 

Sec. 32302. Driver medical qualifications. 

Sec. 32303. Commercial driver’s license notification system. 

Sec. 32304. Commercial motor vehicle operator training. 

Sec. 32305. Commercial driver’s license program. 

Sec. 32306. Commercial motor vehicle driver information systems. 

Sec. 32307. Employer responsibilities. 

Sec. 32308. Program to assist Veterans to acquire commercial driver’s licenses. 

Subtitle D—Safe Roads Act of 2012 

Sec. 32401. Short title. 

Sec. 32402. National clearinghouse for controlled substance and alcohol test results 

of commercial motor vehicle operators. 

Subtitle E—Enforcement 

Sec. 32501. Inspection demand and display of credentials. 

Sec. 32502. Out of service penalty for denial of access to records. 

Sec. 32503. Penalties for violation of operation out of service orders. 

Sec. 32504. Impoundment and immobilization of commercial motor vehicles for imminent hazard. 

Sec. 32505. Increased penalties for evasion of regulations. 

Sec. 32506. Violations relating to commercial motor vehicle safety regulation and 

operators. 

Sec. 32507. Emergency disqualification for imminent hazard. 

Sec. 32508. Disclosure to State and local law enforcement agencies. 

Sec. 32509. Grade crossing safety regulations. 

Subtitle F—Compliance, Safety, Accountability 

Sec. 32601. Motor carrier safety assistance program. 

Sec. 32602. Performance and registration information systems management program. 

Sec. 32603. Authorization of appropriations. 

Sec. 32604. Grants for commercial driver’s license program implementation. 

Sec. 32605. Commercial vehicle information systems and networks. 

Subtitle G—Motorcoach Enhanced Safety Act of 2012 

Sec. 32701. Short title. 

Sec. 32702. Definitions. 

Sec. 32703. Regulations for improved occupant protection, passenger evacuation, 

and crash avoidance. 

Sec. 32704. Fire prevention and mitigation. 

Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing. 

Sec. 32706. Concurrence of research and rulemaking. 

Sec. 32707. Improved oversight of motorcoach service providers. 

Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of certification of training programs. 

Sec. 32709. Commercial driver’s license passenger endorsement requirements. 


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Sec. 32710. Safety inspection program for commercial motor vehicles of passengers. 

Sec. 32711. Regulations. 

Subtitle H—Safe Highways and Infrastructure Preservation 

Sec. 32801. Comprehensive truck size and weight limits study. 

Sec. 32802. Compilation of existing State truck size and weight limit laws. 

Subtitle I—Miscellaneous 

PART I—MISCELLANEOUS

Sec. 32911. Prohibition of coercion. 

Sec. 32912. Motor carrier safety advisory committee. 

Sec. 32913. Waivers, exemptions, and pilot programs. 

Sec. 32914. Registration requirements. 

Sec. 32915. Additional motor carrier registration requirements. 

Sec. 32916. Registration of freight forwarders and brokers. 

Sec. 32917. Effective periods of registration. 

Sec. 32918. Financial security of brokers and freight forwarders. 

Sec. 32919. Unlawful brokerage activities. 

PART II—HOUSEHOLD GOODS TRANSPORTATION

Sec. 32921. Additional registration requirements for household goods motor carriers. 

Sec. 32922. Failure to give up possession of household goods. 

Sec. 32923. Settlement authority. 

PART III—TECHNICAL AMENDMENTS

Sec. 32931. Update of obsolete text. 

Sec. 32932. Correction of interstate commerce commission references. 

Sec. 32933. Technical and conforming amendments. 

Sec. 32934. Exemptions from requirements for covered farm vehicles. 

TITLE III—HAZARDOUS MATERIALS TRANSPORTATION SAFETY 

IMPROVEMENT ACT OF 2012 

Sec. 33001. Short title. 

Sec. 33002. Definition. 

Sec. 33003. References to title 49, United States Code. 

Sec. 33004. Training for emergency responders. 

Sec. 33005. Paperless Hazard Communications Pilot Program. 

Sec. 33006. Improving data collection, analysis, and reporting. 

Sec. 33007. Hazardous material technical assessment, research and development, 

and analysis program. 

Sec. 33008. Hazardous Material Enforcement Training. 

Sec. 33009. Inspections. 

Sec. 33010. Civil penalties. 

Sec. 33011. Reporting of fees. 

Sec. 33012. Special permits, approvals, and exclusions. 

Sec. 33013. Highway routing disclosures. 

Sec. 33014. Motor carrier safety permits. 

Sec. 33015. Wetlines. 

Sec. 33016. Hazmat employee training requirements and grants. 

Sec. 33017. Authorization of appropriations. 

TITLE IV—SPORT FISH RESTORATION AND RECREATIONAL BOATING 

SAFETY ACT OF 2012 

Sec. 34001. Short title. 

Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act. 

TITLE V—MISCELLANEOUS 

Sec. 35001. Overflights in Grand Canyon National Park. 

Sec. 35002. Commercial air tour operations. 

Sec. 35003. Qualifications for public aircraft status. 

DIVISION D—FINANCE 

Sec. 40001. Short title. 

TITLE I—EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 

AUTHORITY AND RELATED TAXES 

Sec. 40101. Extension of trust fund expenditure authority. 


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Sec. 40102. Extension of highway-related taxes. 

TITLE II—REVENUE PROVISIONS 

Subtitle A—Leaking Underground Storage Tank Trust Fund 

Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to Highway Trust Fund. 

Subtitle B—Pension Provisions 

PART I—PENSION FUNDING STABILIZATION

Sec. 40211. Pension funding stabilization. 

PART II—PBGC PREMIUMS

Sec. 40221. Single employer plan annual premium rates. 

Sec. 40222. Multiemployer annual premium rates. 

PART III—IMPROVEMENTS OF PBGC 

Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement. 

Sec. 40232. Participant and plan sponsor advocate. 

Sec. 40233. Quality control procedures for the Pension Benefit Guaranty Corporation. 

Sec. 40234. Line of credit repeal. 

PART IV—TRANSFERS OF EXCESS PENSION ASSETS

Sec. 40241. Extension for transfers of excess pension assets to retiree health accounts. 

Sec. 40242. Transfer of excess pension assets to retiree group term life insurance 

accounts. 

Subtitle C—Additional Transfers to Highway Trust Fund 

Sec. 40251. Additional transfers to Highway Trust Fund. 

DIVISION E—RESEARCH AND EDUCATION 

Sec. 50001. Short title. 

TITLE I—FUNDING 

Sec. 51001. Authorization of appropriations. 

TITLE II—RESEARCH, TECHNOLOGY, AND EDUCATION 

Sec. 52001. Research, technology, and education. 

Sec. 52002. Surface transportation research, development, and technology. 

Sec. 52003. Research and technology development and deployment. 

Sec. 52004. Training and education. 

Sec. 52005. State planning and research. 

Sec. 52006. International highway transportation program. 

Sec. 52007. Surface transportation environmental cooperative research program. 

Sec. 52008. National cooperative freight research. 

Sec. 52009. University transportation centers program. 

Sec. 52010. University transportation research. 

Sec. 52011. Bureau of Transportation Statistics. 

Sec. 52012. Administrative authority. 

Sec. 52013. Transportation research and development strategic planning. 

TITLE III—INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH 

Sec. 53001. Use of funds for ITS activities. 

Sec. 53002. Goals and purposes. 

Sec. 53003. General authorities and requirements. 

Sec. 53004. Research and development. 

Sec. 53005. National architecture and standards. 

Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment. 

DIVISION F—MISCELLANEOUS 

TITLE I—REAUTHORIZATION OF CERTAIN PROGRAMS 

Subtitle A—Secure Rural Schools and Community Self-determination Program 

Sec. 100101. Secure Rural Schools and Community Self-Determination Program. 

Subtitle B—Payment in Lieu of Taxes Program 

Sec. 100111. Payments in lieu of taxes. 


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Subtitle C—Offsets 

Sec. 100121. Phased retirement authority. 

Sec. 100122. Roll-your-own cigarette machines. 

Sec. 100123. Change in FMAP increase for disaster recovery states. 

Sec. 100124. Repeals. 

Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation Fund. 

TITLE II—FLOOD INSURANCE 

Subtitle A—Flood Insurance Reform and Modernization 

Sec. 100201. Short title. 

Sec. 100202. Definitions. 

Sec. 100203. Extension of National Flood Insurance Program. 

Sec. 100204. Availability of insurance for multifamily properties. 

Sec. 100205. Reform of premium rate structure. 

Sec. 100207. Premium adjustment. 

Sec. 100208. Enforcement. 

Sec. 100209. Escrow of flood insurance payments. 

Sec. 100210. Minimum deductibles for claims under the National Flood Insurance 

Program. 

Sec. 100211. Considerations in determining chargeable premium rates. 

Sec. 100212. Reserve fund. 

Sec. 100213. Repayment plan for borrowing authority. 

Sec. 100214. Payment of condominium claims. 

Sec. 100215. Technical mapping advisory council. 

Sec. 100216. National flood mapping program. 

Sec. 100217. Scope of appeals. 

Sec. 100218. Scientific Resolution Panel. 

Sec. 100219. Removal of limitation on State contributions for updating flood maps. 

Sec. 100220. Coordination. 

Sec. 100221. Interagency coordination study. 

Sec. 100222. Notice of flood insurance availability under RESPA. 

Sec. 100223. Participation in State disaster claims mediation programs. 

Sec. 100224. Oversight and expense reimbursements of insurance companies. 

Sec. 100225. Mitigation. 

Sec. 100226. Flood Protection Structure Accreditation Task Force. 

Sec. 100227. Flood in progress determinations. 

Sec. 100228. Clarification of residential and commercial coverage limits. 

Sec. 100229. Local data requirement. 

Sec. 100230. Eligibility for flood insurance for persons residing in communities that 

have made adequate progress on the reconstruction or improvement of 

a flood protection system. 

Sec. 100231. Studies and reports. 

Sec. 100232. Reinsurance. 

Sec. 100233. GAO study on business interruption and additional living expenses 

coverages. 

Sec. 100234. Policy disclosures. 

Sec. 100235. Report on inclusion of building codes in floodplain management criteria. 

Sec. 100236. Study of participation and affordability for certain policyholders. 

Sec. 100237. Study and report concerning the participation of Indian tribes and 

members of Indian tribes in the National Flood Insurance Program. 

Sec. 100238. Technical corrections. 

Sec. 100239. Use of private insurance to satisfy mandatory purchase requirement. 

Sec. 100240. Levees constructed on certain properties. 

Sec. 100241. Insurance coverage for private properties affected by flooding from 

Federal lands. 

Sec. 100242. Permissible land use under Federal flood insurance plan. 

Sec. 100243. CDBG eligibility for flood insurance outreach activities and community building code administration grants. 

Sec. 100244. Termination of force-placed insurance. 

Sec. 100245. FEMA authority on transfer of policies. 

Sec. 100246. Reimbursement of certain expenses. 

Sec. 100247. FIO study on risks, hazards, and insurance. 

Sec. 100248. Flood protection improvements constructed on certain properties. 

Sec. 100249. No cause of action. 

Subtitle B—Alternative Loss Allocation 

Sec. 100251. Short title. 

Sec. 100252. Assessing and modeling named storms over coastal States. 

Sec. 100253. Alternative loss allocation system for indeterminate claims. 


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Subtitle C—HEARTH Act Amendment 

Sec. 100261. HEARTH Act technical corrections. 

TITLE III—STUDENT LOAN INTEREST RATE EXTENSION 

Sec. 100301. Federal Direct Stafford Loan interest rate extension. 

Sec. 100302. Eligibility for, and interest charges on, Federal Direct Stafford Loans 

for new borrowers on or after July 1, 2013. 

DIVISION G—SURFACE TRANSPORTATION EXTENSION 

Sec. 110001. Short title. 

TITLE I—FEDERAL-AID HIGHWAYS 

Sec. 111001. Extension of Federal-aid highway programs. 

TITLE II—EXTENSION OF HIGHWAY SAFETY PROGRAMS 

Sec. 112001. Extension of National Highway Traffic Safety Administration highway 

safety programs. 

Sec. 112002. Extension of Federal Motor Carrier Safety Administration programs. 

Sec. 112003. Additional programs. 

TITLE III—PUBLIC TRANSPORTATION PROGRAMS 

Sec. 113001. Allocation of funds for planning programs. 

Sec. 113002. Special rule for urbanized area formula grants. 

Sec. 113003. Allocating amounts for capital investment grants. 

Sec. 113004. Apportionment of formula grants for other than urbanized areas. 

Sec. 113005. Apportionment based on fixed guideway factors. 

Sec. 113006. Authorizations for public transportation. 

Sec. 113007. Amendments to SAFETEA–LU. 

TITLE IV—EFFECTIVE DATE 

Sec. 114001. Effective date. 

DIVISION H—BUDGETARY EFFECTS 

Sec. 120001. Budgetary effects. 

SEC. 2. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Transportation. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Transportation. 

SEC. 3. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as otherwise provided, divisions A, 

B, C (other than sections 32603(d), 32603(g), 32912, and 34002 

of that division) and E, including the amendments made by those 

divisions, take effect on October 1, 2012. 

(b) REFERENCES.—Except as otherwise provided, any reference 

to the date of enactment of the MAP–21 or to the date of enactment 

of the Federal Public Transportation Act of 2012 in the divisions 

described in subsection (a) or in an amendment made by those 

divisions shall be deemed to be a reference to the effective date 

of those divisions. 

23 USC 101 note. 

23 USC 101 note. 

23 USC 101 note. 


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DIVISION A—FEDERAL-AID HIGHWAYS 

AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be 

appropriated out of the Highway Trust Fund (other than the Mass 

Transit Account): 

(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national 

highway performance program under section 119 of title 23, 

United States Code, the surface transportation program under 

section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation 

and air quality improvement program under section 149 of 

that title, and to carry out section 134 of that title— 

(A) $37,476,819,674 for fiscal year 2013; and 

(B) $37,798,000,000 for fiscal year 2014. 

(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND

INNOVATION PROGRAM.—For credit assistance under the 

transportation infrastructure finance and innovation program 

under chapter 6 of title 23, United States Code— 

(A) $750,000,000 for fiscal year 2013; and 

(B) $1,000,000,000 for fiscal year 2014. 

(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.— 

(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal 

transportation program under section 202 of title 23, 

United States Code, $450,000,000 for each of fiscal years 

2013 and 2014. 

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—For 

the Federal lands transportation program under section 

203 of title 23, United States Code, $300,000,000 for each 

of fiscal years 2013 and 2014, of which $240,000,000 of 

the amount made available for each fiscal year shall be 

the amount for the National Park Service and $30,000,000 

of the amount made available for each fiscal year shall 

be the amount for the United States Fish and Wildlife 

Service. 

(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal 

lands access program under section 204 of title 23, United 

States Code, $250,000,000 for each of fiscal years 2013 

and 2014. 

(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.— 

For the territorial and Puerto Rico highway program under 

section 165 of title 23, United States Code, $190,000,000 for 

each of fiscal years 2013 and 2014. 

(b) DISADVANTAGED BUSINESS ENTERPRISES.— 

(1) FINDINGS.—Congress finds that— 

(A) while significant progress has occurred due to the 

establishment of the disadvantaged business enterprise 

23 USC 101 note. 


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program, discrimination and related barriers continue to 

pose significant obstacles for minority- and women-owned 

businesses seeking to do business in federally-assisted surface transportation markets across the United States; 

(B) the continuing barriers described in subparagraph 

(A) merit the continuation of the disadvantaged business 

enterprise program; 

(C) Congress has received and reviewed testimony and 

documentation of race and gender discrimination from 

numerous sources, including congressional hearings and 

roundtables, scientific reports, reports issued by public and 

private agencies, news stories, reports of discrimination 

by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts 

alone are insufficient to address the problem; 

(D) the testimony and documentation described in 

subparagraph (C) demonstrate that discrimination across 

the United States poses a barrier to full and fair participation in surface transportation-related businesses of women 

business owners and minority business owners and has 

impacted firm development and many aspects of surface 

transportation-related business in the public and private 

markets; and 

(E) the testimony and documentation described in 

subparagraph (C) provide a strong basis that there is a 

compelling need for the continuation of the disadvantaged 

business enterprise program to address race and gender 

discrimination in surface transportation-related business. 

(2) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) SMALL BUSINESS CONCERN.— 

(i) IN GENERAL.—The term ‘‘small business concern’’ means a small business concern (as the term 

is used in section 3 of the Small Business Act (15 

U.S.C. 632)). 

(ii) EXCLUSIONS.—The term ‘‘small business concern’’ does not include any concern or group of concerns 

controlled by the same socially and economically disadvantaged individual or individuals that have average 

annual gross receipts during the preceding 3 fiscal 

years in excess of $22,410,000, as adjusted annually 

by the Secretary for inflation. 

(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED

INDIVIDUALS.—The term ‘‘socially and economically disadvantaged individuals’’ has the meaning given the term 

in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 

and relevant subcontracting regulations issued pursuant 

to that Act, except that women shall be presumed to be 

socially and economically disadvantaged individuals for 

purposes of this subsection. 

(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to 

the extent that the Secretary determines otherwise, not less 

than 10 percent of the amounts made available for any program 

under divisions A and B of this Act and section 403 of title 

23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically 

disadvantaged individuals. 


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126 STAT. 416 PUBLIC LAW 112–141—JULY 6, 2012 

(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually— 

(A) survey and compile a list of the small business 

concerns referred to in paragraph (2) in the State, including 

the location of the small business concerns in the State; 

and 

(B) notify the Secretary, in writing, of the percentage 

of the small business concerns that are controlled by— 

(i) women; 

(ii) socially and economically disadvantaged 

individuals (other than women); and 

(iii) individuals who are women and are otherwise 

socially and economically disadvantaged individuals. 

(5) UNIFORM CERTIFICATION.— 

(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in 

certifying whether a concern qualifies as a small business 

concern for the purpose of this subsection. 

(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect 

to a potential small business concern— 

(i) on-site visits; 

(ii) personal interviews with personnel; 

(iii) issuance or inspection of licenses; 

(iv) analyses of stock ownership; 

(v) listings of equipment; 

(vi) analyses of bonding capacity; 

(vii) listings of work completed; 

(viii) examination of the resumes of principal 

owners; 

(ix) analyses of financial capacity; and 

(x) analyses of the type of work preferred. 

(6) REPORTING.—The Secretary shall establish minimum 

requirements for use by State governments in reporting to 

the Secretary— 

(A) information concerning disadvantaged business 

enterprise awards, commitments, and achievements; and 

(B) such other information as the Secretary determines 

to be appropriate for the proper monitoring of the disadvantaged business enterprise program. 

(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive 

funds made available under divisions A and B of this Act 

and section 403 of title 23, United States Code, if the entity 

or person is prevented, in whole or in part, from complying 

with paragraph (2) because a Federal court issues a final order 

in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional. 

SEC. 1102. OBLIGATION CEILING. 

(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federalaid highway and highway safety construction programs shall not 

exceed— 

(1) $39,699,000,000 for fiscal year 2013; and 

(2) $40,256,000,000 for fiscal year 2014. 

23 USC 104 note. 

Notification. 


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(b) EXCEPTIONS.—The limitations under subsection (a) shall 

not apply to obligations under or for— 

(1) section 125 of title 23, United States Code; 

(2) section 147 of the Surface Transportation Assistance 

Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 

Stat. 1701); 

(4) subsections (b) and (j) of section 131 of the Surface 

Transportation Assistance Act of 1982 (96 Stat. 2119); 

(5) subsections (b) and (c) of section 149 of the Surface 

Transportation and Uniform Relocation Assistance Act of 1987 

(101 Stat. 198); 

(6) sections 1103 through 1108 of the Intermodal Surface 

Transportation Efficiency Act of 1991 (105 Stat. 2027); 

(7) section 157 of title 23, United States Code (as in effect 

on June 8, 1998); 

(8) section 105 of title 23, United States Code (as in effect 

for fiscal years 1998 through 2004, but only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(9) Federal-aid highway programs for which obligation 

authority was made available under the Transportation Equity 

Act for the 21st Century (112 Stat. 107) or subsequent Acts 

for multiple years or to remain available until expended, but 

only to the extent that the obligation authority has not lapsed 

or been used; 

(10) section 105 of title 23, United States Code (but, for 

each of fiscal years 2005 through 2011, only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 

119 Stat. 1248), to the extent that funds obligated in accordance 

with that section were not subject to a limitation on obligations 

at the time at which the funds were initially made available 

for obligation; and 

(12) section 119 of title 23, United States Code (but, for 

each of fiscal years 2013 through 2014, only in an amount 

equal to $639,000,000 for each of those fiscal years). 

(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 

years 2013 through 2014, the Secretary— 

(1) shall not distribute obligation authority provided by 

subsection (a) for the fiscal year for— 

(A) amounts authorized for administrative expenses 

and programs by section 104(a) of title 23, United States 

Code; and 

(B) amounts authorized for the Bureau of Transportation Statistics; 

(2) shall not distribute an amount of obligation authority 

provided by subsection (a) that is equal to the unobligated 

balance of amounts— 

(A) made available from the Highway Trust Fund 

(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous 

fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 

or 204 of title 23, United States Code); and 

(B) for which obligation authority was provided in a 

previous fiscal year; 

(3) shall determine the proportion that— Determination. 


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126 STAT. 418 PUBLIC LAW 112–141—JULY 6, 2012 

(A) the obligation authority provided by subsection (a) 

for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears 

to 

(B) the total of the sums authorized to be appropriated 

for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) 

through (11) of subsection (b) and sums authorized to be 

appropriated for section 119 of title 23, United States Code, 

equal to the amount referred to in subsection (b)(12) for 

the fiscal year), less the aggregate of the amounts not 

distributed under paragraphs (1) and (2) of this subsection; 

(4) shall distribute the obligation authority provided by 

subsection (a), less the aggregate amounts not distributed under 

paragraphs (1) and (2), for each of the programs (other than 

programs to which paragraph (1) applies) that are allocated 

by the Secretary under this Act and title 23, United States 

Code, or apportioned by the Secretary under sections 202 or 

204 of that title, by multiplying— 

(A) the proportion determined under paragraph (3); 

by 

(B) the amounts authorized to be appropriated for each 

such program for the fiscal year; and 

(5) shall distribute the obligation authority provided by 

subsection (a), less the aggregate amounts not distributed under 

paragraphs (1) and (2) and the amounts distributed under 

paragraph (4), for Federal-aid highway and highway safety 

construction programs that are apportioned by the Secretary 

under title 23, United States Code (other than the amounts 

apportioned for the national highway performance program 

in section 119 of title 23, United States Code, that are exempt 

from the limitation under subsection (b)(12) and the amounts 

apportioned under section 204 of that title) in the proportion 

that— 

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States 

Code, to each State for the fiscal year; bears to 

(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 

23, United States Code, to all States for the fiscal year. 

(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall, after August 1 

of each of fiscal years 2013 through 2014— 

(1) revise a distribution of the obligation authority made 

available under subsection (c) if an amount distributed cannot 

be obligated during that fiscal year; and 

(2) redistribute sufficient amounts to those States able 

to obligate amounts in addition to those previously distributed 

during that fiscal year, giving priority to those States having 

large unobligated balances of funds apportioned under sections 

144 (as in effect on the day before the date of enactment 

of this Act) and 104 of title 23, United States Code. 

(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.— (1) IN GENERAL.—Except as provided in paragraph (2), 

obligation limitations imposed by subsection (a) shall apply 

Contracts. 

Time period. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 419 

to contract authority for transportation research programs carried out under— 

(A) chapter 5 of title 23, United States Code; and 

(B) division E of this Act. 

(2) EXCEPTION.—Obligation authority made available under 

paragraph (1) shall— 

(A) remain available for a period of 4 fiscal years; 

and 

(B) be in addition to the amount of any limitation 

imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. 

(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of distribution of obligation authority under subsection (c) for 

each of fiscal years 2013 through 2014, the Secretary shall 

distribute to the States any funds (excluding funds authorized 

for the program under section 202 of title 23, United States 

Code) that— 

(A) are authorized to be appropriated for the fiscal 

year for Federal-aid highway programs; and 

(B) the Secretary determines will not be allocated to 

the States (or will not be apportioned to the States under 

section 204 of title 23, United States Code), and will not 

be available for obligation, for the fiscal year because of 

the imposition of any obligation limitation for the fiscal 

year. 

(2) RATIO.—Funds shall be distributed under paragraph 

(1) in the same proportion as the distribution of obligation 

authority under subsection (c)(5). 

(3) AVAILABILITY.—Funds distributed to each State under 

paragraph (1) shall be available for any purpose described 

in section 133(c) of title 23, United States Code. 

SEC. 1103. DEFINITIONS. 

(a) DEFINITIONS.—Section 101(a) of title 23, United States Code, 

is amended— 

(1) by striking paragraphs (6), (7), (9), (12), (19), (20), 

(24), (25), (26), (28), (38), and (39); 

(2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), 

(14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), 

(32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), 

(6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), 

(22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively; 

(3) by inserting after paragraph (1) the following: 

‘‘(2) ASSET MANAGEMENT.—The term ‘asset management’ 

means a strategic and systematic process of operating, 

maintaining, and improving physical assets, with a focus on 

both engineering and economic analysis based upon quality 

information, to identify a structured sequence of maintenance, 

preservation, repair, rehabilitation, and replacement actions 

that will achieve and sustain a desired state of good repair 

over the lifecycle of the assets at minimum practicable cost.’’; 

(4) in paragraph (4) (as redesignated by paragraph (2))— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘or any project eligible for assistance under this 

title’’ after ‘‘of a highway’’; 

Deadline. 

Time period. 


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126 STAT. 420 PUBLIC LAW 112–141—JULY 6, 2012 

(B) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) preliminary engineering, engineering, and designrelated services directly relating to the construction of a 

highway project, including engineering, design, project 

development and management, construction project 

management and inspection, surveying, mapping (including 

the establishment of temporary and permanent geodetic 

control in accordance with specifications of the National 

Oceanic and Atmospheric Administration), and architectural-related services;’’; 

(C) in subparagraph (B)— 

(i) by inserting ‘‘reconstruction,’’ before ‘‘resurfacing’’; and 

(ii) by striking ‘‘and rehabilitation’’ and inserting 

‘‘rehabilitation, and preservation’’; 

(D) in subparagraph (E) by striking ‘‘railway’’ and 

inserting ‘‘railway-highway’’; and 

(E) in subparagraph (F) by striking ‘‘obstacles’’ and 

inserting ‘‘hazards’’; 

(5) in paragraph (6) (as so redesignated)— 

(A) by inserting ‘‘public’’ before ‘‘highway eligible’’; and 

(B) by inserting ‘‘functionally’’ before ‘‘classified’’; 

(6) by inserting after paragraph (6) (as so redesignated) 

the following: 

‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION FACILITY.— 

The term ‘Federal Lands access transportation facility’ means 

a public highway, road, bridge, trail, or transit system that 

is located on, is adjacent to, or provides access to Federal 

lands for which title or maintenance responsibility is vested 

in a State, county, town, township, tribal, municipal, or local 

government. 

‘‘(8) FEDERAL LANDS TRANSPORTATION FACILITY.—The term 

‘Federal lands transportation facility’ means a public highway, 

road, bridge, trail, or transit system that is located on, is 

adjacent to, or provides access to Federal lands for which title 

and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).’’; 

(7) in paragraph (11)(B) by inserting ‘‘including public roads 

on dams’’ after ‘‘drainage structure’’; 

(8) in paragraph (14) (as so redesignated)— 

(A) by striking ‘‘as a’’ and inserting ‘‘as an air quality’’; 

and 

(B) by inserting ‘‘air quality’’ before ‘‘attainment area’’; 

(9) in paragraph (18) (as so redesignated) by striking ‘‘an 

undertaking to construct a particular portion of a highway, 

or if the context so implies, the particular portion of a highway 

so constructed or any other undertaking’’ and inserting ‘‘any 

undertaking’’; 

(10) in paragraph (19) (as so redesignated)— 

(A) by striking ‘‘the State transportation department 

and’’; and 

(B) by inserting ‘‘and the recipient’’ after ‘‘Secretary’’; 

(11) by striking paragraph (23) (as so redesignated) and 

inserting the following: 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 421 

‘‘(23) SAFETY IMPROVEMENT PROJECT.—The term ‘safety 

improvement project’ means a strategy, activity, or project on 

a public road that is consistent with the State strategic highway 

safety plan and corrects or improves a roadway feature that 

constitutes a hazard to road users or addresses a highway 

safety problem.’’; 

(12) by inserting after paragraph (26) (as so redesignated) 

the following: 

‘‘(27) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term 

‘State strategic highway safety plan’ has the same meaning 

given such term in section 148(a).’’; 

(13) by striking paragraph (29) (as so redesignated) and 

inserting the following: 

‘‘(29) TRANSPORTATION ALTERNATIVES.—The term ‘transportation alternatives’ means any of the following activities when 

carried out as part of any program or project authorized or 

funded under this title, or as an independent program or project 

related to surface transportation: 

‘‘(A) Construction, planning, and design of on-road and 

off-road trail facilities for pedestrians, bicyclists, and other 

nonmotorized forms of transportation, including sidewalks, 

bicycle infrastructure, pedestrian and bicycle signals, traffic 

calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 

(42 U.S.C. 12101 et seq.). 

‘‘(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe 

routes for non-drivers, including children, older adults, and 

individuals with disabilities to access daily needs. 

‘‘(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. 

‘‘(D) Construction of turnouts, overlooks, and viewing 

areas. 

‘‘(E) Community improvement activities, including— 

‘‘(i) inventory, control, or removal of outdoor advertising; 

‘‘(ii) historic preservation and rehabilitation of historic transportation facilities; 

‘‘(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent 

against invasive species, and provide erosion control; 

and 

‘‘(iv) archaeological activities relating to impacts 

from implementation of a transportation project eligible 

under this title. 

‘‘(F) Any environmental mitigation activity, including 

pollution prevention and pollution abatement activities and 

mitigation to— 

‘‘(i) address stormwater management, control, and 

water pollution prevention or abatement related to 

highway construction or due to highway runoff, 

including activities described in sections 133(b)(11), 

328(a), and 329; or 


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126 STAT. 422 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(ii) reduce vehicle-caused wildlife mortality or to 

restore and maintain connectivity among terrestrial 

or aquatic habitats.’’; and 

(14) by inserting after paragraph (29) (as so redesignated) 

the following: 

‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT AND OPER- ATIONS.— 

‘‘(A) IN GENERAL.—The term ‘transportation systems 

management and operations’ means integrated strategies 

to optimize the performance of existing infrastructure 

through the implementation of multimodal and intermodal, 

cross-jurisdictional systems, services, and projects designed 

to preserve capacity and improve security, safety, and reliability of the transportation system. 

‘‘(B) INCLUSIONS.—The term ‘transportation systems 

management and operations’ includes— 

‘‘(i) actions such as traffic detection and surveillance, corridor management, freeway management, 

arterial management, active transportation and 

demand management, work zone management, emergency management, traveler information services, 

congestion pricing, parking management, automated 

enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; 

and 

‘‘(ii) coordination of the implementation of regional 

transportation system management and operations 

investments (such as traffic incident management, 

traveler information services, emergency management, 

roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system 

performance, reliability, safety, and customer service 

levels. 

‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The term ‘tribal 

transportation facility’ means a public highway, road, bridge, 

trail, or transit system that is located on or provides access 

to tribal land and appears on the national tribal transportation 

facility inventory described in section 202(b)(1). 

‘‘(32) TRUCK STOP ELECTRIFICATION SYSTEM.—The term 

‘truck stop electrification system’ means a system that delivers 

heat, air conditioning, electricity, or communications to a heavyduty vehicle.’’. 

(b) SENSE OF CONGRESS.—Section 101(c) of title 23, United 

States Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’. 

SEC. 1104. NATIONAL HIGHWAY SYSTEM. 

(a) IN GENERAL.—Section 103 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 103. National Highway System 

‘‘(a) IN GENERAL.—For the purposes of this title, the Federalaid system is the National Highway System, which includes the 

Interstate System. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 423 

‘‘(b) NATIONAL HIGHWAY SYSTEM.— 

‘‘(1) DESCRIPTION.—The National Highway System consists 

of the highway routes and connections to transportation facilities that shall— 

‘‘(A) serve major population centers, international 

border crossings, ports, airports, public transportation 

facilities, and other intermodal transportation facilities and 

other major travel destinations; 

‘‘(B) meet national defense requirements; and 

‘‘(C) serve interstate and interregional travel and commerce. 

‘‘(2) COMPONENTS.—The National Highway System 

described in paragraph (1) consists of the following: 

‘‘(A) The National Highway System depicted on the 

map submitted by the Secretary of Transportation to Congress with the report entitled ‘Pulling Together: The 

National Highway System and its Connections to Major 

Intermodal Terminals’ and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21. 

‘‘(B) Other urban and rural principal arterial routes, 

and border crossings on those routes, that were not 

included on the National Highway System before the date 

of enactment of the MAP–21. 

‘‘(C) Other connector highways (including toll facilities) 

that were not included in the National Highway System 

before the date of enactment of the MAP–21 but that 

provide motor vehicle access between arterial routes on 

the National Highway System and a major intermodal 

transportation facility. 

‘‘(D) A strategic highway network that— 

‘‘(i) consists of a network of highways that are 

important to the United States strategic defense policy, 

that provide defense access, continuity, and emergency 

capabilities for the movement of personnel, materials, 

and equipment in both peacetime and wartime, and 

that were not included on the National Highway 

System before the date of enactment of the MAP– 

21; 

‘‘(ii) may include highways on or off the Interstate 

System; and 

‘‘(iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the 

States. 

‘‘(E) Major strategic highway network connectors 

that— 

‘‘(i) consist of highways that provide motor vehicle 

access between major military installations and highways that are part of the strategic highway network 

but were not included on the National Highway System 

before the date of enactment of the MAP–21; and 

‘‘(ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the 

States. 

‘‘(3) MODIFICATIONS TO NHS.— 


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126 STAT. 424 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(A) IN GENERAL.—The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National 

Highway System that is proposed by a State if the Secretary determines that the modification— 

‘‘(i) meets the criteria established for the National 

Highway System under this title after the date of 

enactment of the MAP–21; and 

‘‘(ii) enhances the national transportation 

characteristics of the National Highway System. 

‘‘(B) COOPERATION.— 

‘‘(i) IN GENERAL.—In proposing a modification 

under this paragraph, a State shall cooperate with 

local and regional officials. 

‘‘(ii) URBANIZED AREAS.—In an urbanized area, the 

local officials shall act through the metropolitan planning organization designated for the area under section 

134. 

‘‘(c) INTERSTATE SYSTEM.— 

‘‘(1) DESCRIPTION.— 

‘‘(A) IN GENERAL.—The Dwight D. Eisenhower National 

System of Interstate and Defense Highways within the 

United States (including the District of Columbia and 

Puerto Rico) consists of highways designed, located, and 

selected in accordance with this paragraph. 

‘‘(B) DESIGN.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), highways on the Interstate System shall be 

designed in accordance with the standards of section 

109(b). 

‘‘(ii) EXCEPTION.—Highways on the Interstate 

System in Alaska and Puerto Rico shall be designed 

in accordance with such geometric and construction 

standards as are adequate for current and probable 

future traffic demands and the needs of the locality 

of the highway. 

‘‘(C) LOCATION.—Highways on the Interstate System 

shall be located so as— 

‘‘(i) to connect by routes, as direct as practicable, 

the principal metropolitan areas, cities, and industrial 

centers; 

‘‘(ii) to serve the national defense; and 

‘‘(iii) to the maximum extent practicable, to connect 

at suitable border points with routes of continental 

importance in Canada and Mexico. 

‘‘(D) SELECTION OF ROUTES.—To the maximum extent 

practicable, each route of the Interstate System shall be 

selected by joint action of the State transportation departments of the State in which the route is located and the 

adjoining States, in cooperation with local and regional 

officials, and subject to the approval of the Secretary. 

‘‘(2) MAXIMUM MILEAGE.—The mileage of highways on the 

Interstate System shall not exceed 43,000 miles, exclusive of 

designations under paragraph (4). 

‘‘(3) MODIFICATIONS.—The Secretary may approve or 

require modifications to the Interstate System in a manner 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 425 

consistent with the policies and procedures established under 

this subsection. 

‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 

‘‘(A) ADDITIONS.—If the Secretary determines that a 

highway on the National Highway System meets all standards of a highway on the Interstate System and that the 

highway is a logical addition or connection to the Interstate 

System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway 

is located, designate the highway as a route on the Interstate System. 

‘‘(B) DESIGNATIONS AS FUTURE INTERSTATE SYSTEM

ROUTES.— 

‘‘(i) IN GENERAL.—Subject to clauses (ii) through 

(vi), if the Secretary determines that a highway on 

the National Highway System would be a logical addition or connection to the Interstate System and would 

qualify for designation as a route on the Interstate 

System under subparagraph (A) if the highway met 

all standards of a highway on the Interstate System, 

the Secretary may, upon the affirmative recommendation of the State or States in which the highway is 

located, designate the highway as a future Interstate 

System route. 

‘‘(ii) WRITTEN AGREEMENT.—A designation under 

clause (i) shall be made only upon the written agreement of each State described in that clause that the 

highway will be constructed to meet all standards of 

a highway on the Interstate System by not later than 

the date that is 25 years after the date of the agreement. 

‘‘(iii) FAILURE TO COMPLETE CONSTRUCTION.—If a 

State described in clause (i) has not substantially completed the construction of a highway designated under 

this subparagraph by the date specified in clause (ii), 

the Secretary shall remove the designation of the highway as a future Interstate System route. 

‘‘(iv) EFFECT OF REMOVAL.—Removal of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as 

a route on the Interstate System under subparagraph 

(A) or under any other provision of law providing for 

addition to the Interstate System. 

‘‘(v) RETROACTIVE EFFECT.—An agreement 

described in clause (ii) that is entered into before 

August 10, 2005, shall be deemed to include the 25- 

year time limitation described in that clause, regardless of any earlier construction completion date in the 

agreement. 

‘‘(vi) REFERENCES.—No law, rule, regulation, map, 

document, or other record of the United States, or 

of any State or political subdivision of a State, shall 

refer to any highway designated as a future Interstate 

System route under this subparagraph, and no such 

highway shall be signed or marked, as a highway 

on the Interstate System, until such time as the highway— 


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126 STAT. 426 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(I) is constructed to the geometric and 

construction standards for the Interstate System; 

and 

‘‘(II) has been designated as a route on the 

Interstate System. 

‘‘(C) FINANCIAL RESPONSIBILITY.—Except as provided 

in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway. 

‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Interstate System shall not be considered to be 

a historic site under section 303 of title 49 or section 

138 of this title, regardless of whether the Interstate 

System or portions or elements of the Interstate System 

are listed on, or eligible for listing on, the National Register 

of Historic Places. 

‘‘(B) INDIVIDUAL ELEMENTS.—Subject to subparagraph 

(C)— 

‘‘(i) the Secretary shall determine, through the 

administrative process established for exempting the 

Interstate System from section 106 of the National 

Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess 

national or exceptional historic significance (such as 

a historic bridge or a highly significant engineering 

feature); and 

‘‘(ii) those elements shall be considered to be historic sites under section 303 of title 49 or section 

138 of this title, as applicable. 

‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND

REHABILITATION ACTIVITIES.—Subparagraph (B) does not 

prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities 

for a portion of the Interstate System referred to in 

subparagraph (B) upon compliance with section 303 of title 

49 or section 138 of this title, as applicable, and section 

106 of the National Historic Preservation Act (16 U.S.C. 

470f).’’. 

(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE

SYSTEM.— 

(1) IN GENERAL.—Section 1105(e)(5)(A) of the Intermodal 

Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 

109 Stat. 597; 115 Stat. 872) is amended— 

(A) in the first sentence, by striking ‘‘and in subsections 

(c)(18) and (c)(20)’’ and inserting ‘‘, in subsections (c)(18) 

and (c)(20), and in subparagraphs (A)(iii) and (B) of subsection (c)(26)’’; and 

(B) in the second sentence, by striking ‘‘that the segment’’ and all that follows through the period and inserting 

‘‘that the segment meets the Interstate System design 

standards approved by the Secretary under section 109(b) 

of title 23, United States Code, and is planned to connect 

to an existing Interstate System segment by the date that 

is 25 years after the date of enactment of the MAP–21.’’. 

(2) ROUTE DESIGNATION.—Section 1105(e)(5)(C)(i) of the 

Intermodal Surface Transportation Efficiency Act of 1991 (105 

Determination. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 427 

Stat. 2032; 109 Stat. 598) is amended by adding at the end 

the following: ‘‘The routes referred to subparagraphs (A)(iii) 

and (B)(i) of subsection (c)(26) are designated as Interstate 

Route I-11.’’. 

(c) CONFORMING AMENDMENTS.— (1) ANALYSIS.—The analysis for chapter 1 of title 23, United 

States Code, is amended by striking the item relating to section 

103 and inserting the following: 

‘‘103. National Highway System.’’. 

(2) SECTION 113.—Section 113 of title 23, United States 

Code, is amended— 

(A) in subsection (a) by striking ‘‘the Federal-aid systems’’ and inserting ‘‘Federal-aid highways’’; and 

(B) in subsection (b), in the first sentence, by striking 

‘‘of the Federal-aid systems’’ and inserting ‘‘Federal-aid 

highway’’. 

(3) SECTION 123.—Section 123(a) of title 23, United States 

Code, is amended in the first sentence by striking ‘‘Federalaid system’’ and inserting ‘‘Federal-aid highway’’. 

(4) SECTION 217.—Section 217(b) of title 23, United States 

Code, is amended in the subsection heading by striking 

‘‘NATIONAL HIGHWAY SYSTEM’’ and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE PROGRAM’’. 

(5) SECTION 304.—Section 304 of title 23, United States 

Code, is amended in the first sentence by striking ‘‘the Federalaid highway systems’’ and inserting ‘‘Federal-aid highways’’. 

(6) SECTION 317.—Section 317(d) of title 23, United States 

Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’. 

SEC. 1105. APPORTIONMENT. 

(a) IN GENERAL.—Section 104 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 104. Apportionment 

‘‘(a) ADMINISTRATIVE EXPENSES.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

from the Highway Trust Fund (other than the Mass Transit 

Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— 

‘‘(A) $454,180,326 for fiscal year 2013; and 

‘‘(B) $440,000,000 for fiscal year 2014. 

‘‘(2) PURPOSES.—The amounts authorized to be appropriated by this subsection shall be used— 

‘‘(A) to administer the provisions of law to be funded 

from appropriations for the Federal-aid highway program 

and programs authorized under chapter 2; 

‘‘(B) to make transfers of such sums as the Secretary 

determines to be appropriate to the Appalachian Regional 

Commission for administrative activities associated with 

the Appalachian development highway system; and 

‘‘(C) to reimburse, as appropriate, the Office of 

Inspector General of the Department of Transportation 

for the conduct of annual audits of financial statements 

in accordance with section 3521 of title 31. 

‘‘(3) AVAILABILITY.—The amounts made available under 

paragraph (1) shall remain available until expended. 


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126 STAT. 428 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG PROGRAMS.— The Secretary shall distribute the amount apportioned to a State 

for a fiscal year under subsection (c) among the national highway 

performance program, the surface transportation program, the highway safety improvement program, and the congestion mitigation 

and air quality improvement program, and to carry out section 

134 as follows: 

‘‘(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—For the 

national highway performance program, 63.7 percent of the 

amount remaining after distributing amounts under paragraphs 

(4) and (5). 

‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For the surface 

transportation program, 29.3 percent of the amount remaining 

after distributing amounts under paragraphs (4) and (5). 

‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the 

highway safety improvement program, 7 percent of the amount 

remaining after distributing amounts under paragraphs (4) and 

(5). 

‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—For the congestion mitigation and air quality 

improvement program, an amount determined by multiplying 

the amount determined for the State under subsection (c) by 

the proportion that— 

‘‘(A) the amount apportioned to the State for the 

congestion mitigation and air quality improvement program 

for fiscal year 2009; bears to 

‘‘(B) the total amount of funds apportioned to the State 

for that fiscal year for the programs referred to in section 

105(a)(2) (except for the high priority projects program 

referred to in section 105(a)(2)(H)), as in effect on the 

day before the date of enactment of the MAP–21. 

‘‘(5) METROPOLITAN PLANNING.—To carry out section 134, 

an amount determined by multiplying the amount determined 

for the State under subsection (c) by the proportion that— 

‘‘(A) the amount apportioned to the State to carry 

out section 134 for fiscal year 2009; bears to 

‘‘(B) the total amount of funds apportioned to the State 

for that fiscal year for the programs referred to in section 

105(a)(2) (except for the high priority projects program 

referred to in section 105(a)(2)(H)), as in effect on the 

day before the date of enactment of the MAP–21. 

‘‘(c) CALCULATION OF STATE AMOUNTS.— 

‘‘(1) FOR FISCAL YEAR 2013.— 

‘‘(A) CALCULATION OF AMOUNT.—For fiscal year 2013, 

the amount for each State of combined apportionments 

for the national highway performance program under section 119, the surface transportation program under section 

133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 

134 shall be equal to the combined amount of apportionments that the State received for fiscal year 2012. 

‘‘(B) STATE APPORTIONMENT.—On October 1 of such 

fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national 

highway performance program under section 119, the surface transportation program under section 133, the highway 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 429 

safety improvement program under section 148, the congestion mitigation and air quality improvement program under 

section 149, and to carry out section 134 in accordance 

with subparagraph (A). 

‘‘(2) FOR FISCAL YEAR 2014.— 

‘‘(A) STATE SHARE.—For fiscal year 2014, the amount 

for each State of combined apportionments for the national 

highway performance program under section 119, the surface transportation program under section 133, the highway 

safety improvement program under section 148, the congestion mitigation and air quality improvement program under 

section 149, and to carry out section 134 shall be determined as follows: 

‘‘(i) INITIAL AMOUNT.—The initial amount for each 

State shall be determined by multiplying the total 

amount available for apportionment by the share for 

each State which shall be equal to the proportion 

that— 

‘‘(I) the amount of apportionments that the 

State received for fiscal year 2012; bears to 

‘‘(II) the amount of those apportionments 

received by all States for that fiscal year. 

‘‘(ii) ADJUSTMENTS TO AMOUNTS.—The initial 

amounts resulting from the calculation under clause 

(i) shall be adjusted to ensure that, for each State, 

the amount of combined apportionments for the programs shall not be less than 95 percent of the estimated tax payments attributable to highway users in 

the State paid into the Highway Trust Fund (other 

than the Mass Transit Account) in the most recent 

fiscal year for which data are available. 

‘‘(B) STATE APPORTIONMENT.—On October 1 of such 

fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national 

highway performance program under section 119, the surface transportation program under section 133, the highway 

safety improvement program under section 148, the congestion mitigation and air quality improvement program under 

section 149, and to carry out section 134 in accordance 

with subparagraph (A). 

‘‘(d) METROPOLITAN PLANNING.— 

‘‘(1) USE OF AMOUNTS.— 

‘‘(A) USE.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the amounts apportioned to a State under subsection (b)(5) shall be made available by the State 

to the metropolitan planning organizations responsible 

for carrying out section 134 in the State. 

‘‘(ii) STATES RECEIVING MINIMUM APPORTIONMENT.—A State that received the minimum apportionment for use in carrying out section 134 for fiscal 

year 2009 may, subject to the approval of the Secretary, 

use the funds apportioned under subsection (b)(5) to 

fund transportation planning outside of urbanized 

areas. 


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126 STAT. 430 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(B) UNUSED FUNDS.—Any funds that are not used 

to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities 

under section 135. 

‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN STATES.— 

‘‘(A) IN GENERAL.—The distribution within any State 

of the planning funds made available to organizations 

under paragraph (1) shall be in accordance with a formula 

that— 

‘‘(i) is developed by each State and approved by 

the Secretary; and 

‘‘(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality 

standards, metropolitan area transportation needs, and 

other factors necessary to provide for an appropriate 

distribution of funds to carry out section 134 and other 

applicable requirements of Federal law. 

‘‘(B) REIMBURSEMENT.—Not later than 15 business 

days after the date of receipt by a State of a request 

for reimbursement of expenditures made by a metropolitan 

planning organization for carrying out section 134, the 

State shall reimburse, from amounts distributed under this 

paragraph to the metropolitan planning organization by 

the State, the metropolitan planning organization for those 

expenditures. 

‘‘(3) DETERMINATION OF POPULATION FIGURES.—For the purpose of determining population figures under this subsection, 

the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United 

States Code. 

‘‘(e) CERTIFICATION OF APPORTIONMENTS.— 

‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) on October 1 of each fiscal year, certify to each 

of the State transportation departments the amount that 

has been apportioned to the State under this section for 

the fiscal year; and 

‘‘(B) to permit the States to develop adequate plans 

for the use of amounts apportioned under this section, 

advise each State of the amount that will be apportioned 

to the State under this section for a fiscal year not later 

than 90 days before the beginning of the fiscal year for 

which the sums to be apportioned are authorized. 

‘‘(2) NOTICE TO STATES.—If the Secretary has not made 

an apportionment under this section for a fiscal year beginning 

after September 30, 1998, by not later than the date that 

is the twenty-first day of that fiscal year, the Secretary shall 

submit, by not later than that date, to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works 

of the Senate, a written statement of the reason for not making 

the apportionment in a timely manner. 

‘‘(3) APPORTIONMENT CALCULATIONS.— 

‘‘(A) IN GENERAL.—The calculation of official apportionments of funds to the States under this title is a primary 

responsibility of the Department and shall be carried out 

only by employees (and not contractors) of the Department. 

Deadlines. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 431 

‘‘(B) PROHIBITION ON USE OF FUNDS TO HIRE CONTRAC- TORS.—None of the funds made available under this title 

shall be used to hire contractors to calculate the apportionments of funds to States. 

‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), 

amounts made available for transit projects or transportation planning under this title may be transferred to and 

administered by the Secretary in accordance with chapter 

53 of title 49. 

‘‘(B) NON-FEDERAL SHARE.—The provisions of this title 

relating to the non-Federal share shall apply to the 

amounts transferred under subparagraph (A). 

‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), 

amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance 

with this title. 

‘‘(B) NON-FEDERAL SHARE.—The provisions of chapter 

53 of title 49 relating to the non-Federal share shall apply 

to amounts transferred under subparagraph (A). 

‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL

HIGHWAY ADMINISTRATION.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary may, at the request of a State, transfer amounts 

apportioned or allocated under this title to the State to 

another State, or to the Federal Highway Administration, 

for the purpose of funding 1 or more projects that are 

eligible for assistance with amounts so apportioned or allocated. 

‘‘(B) APPORTIONMENT.—The transfer shall have no 

effect on any apportionment of amounts to a State under 

this section. 

‘‘(C) FUNDS SUBALLOCATED TO URBANIZED AREAS.— 

Amounts that are apportioned or allocated to a State under 

subsection (b)(3) (as in effect on the day before the date 

of enactment of the MAP–21) or subsection (b)(2) and 

attributed to an urbanized area of a State with a population 

of more than 200,000 individuals under section 133(d) may 

be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, 

in writing, with the transfer request. 

‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—Obligation 

authority for amounts transferred under this subsection shall 

be transferred in the same manner and amount as the amounts 

for the projects that are transferred under this section. 

‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the Secretary 

shall make available to the public, in a user-friendly format via 

the Internet, a report that describes— 

‘‘(1) the amount obligated, by each State, for Federal-aid 

highways and highway safety construction programs during 

the preceding fiscal year; 

‘‘(2) the balance, as of the last day of the preceding fiscal 

year, of the unobligated apportionment of each State by fiscal 

year under this section; 

Public 

information. 

Web posting. 

Applicability. 

Applicability. 


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126 STAT. 432 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(3) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and 

programs for the fiscal year; and 

‘‘(4) the rates of obligation of funds apportioned or set 

aside under this section, according to— 

‘‘(A) program; 

‘‘(B) funding category of subcategory; 

‘‘(C) type of improvement; 

‘‘(D) State; and 

‘‘(E) sub-State geographical area, including urbanized 

and rural areas, on the basis of the population of each 

such area.’’. 

(b) CONFORMING AMENDMENT.—Section 146(a) of title 23, 

United States Code, is amended by striking ‘‘sections 104(b)(l) and 

104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’. 

SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

(a) IN GENERAL.—Section 119 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 119. National highway performance program 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish and implement a national highway performance program under this section. 

‘‘(b) PURPOSES.—The purposes of the national highway performance program shall be— 

‘‘(1) to provide support for the condition and performance 

of the National Highway System; 

‘‘(2) to provide support for the construction of new facilities 

on the National Highway System; and 

‘‘(3) to ensure that investments of Federal-aid funds in 

highway construction are directed to support progress toward 

the achievement of performance targets established in an asset 

management plan of a State for the National Highway System. 

‘‘(c) ELIGIBLE FACILITIES.—Except as provided in subsection 

(d), to be eligible for funding apportioned under section 104(b)(1) 

to carry out this section, a facility shall be located on the National 

Highway System, as defined in section 103. 

‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a State to carry 

out the national highway performance program may be obligated 

only for a project on an eligible facility that is— 

‘‘(1)(A) a project or part of a program of projects supporting 

progress toward the achievement of national performance goals 

for improving infrastructure condition, safety, mobility, or 

freight movement on the National Highway System; and 

‘‘(B) consistent with sections 134 and 135; and 

‘‘(2) for 1 or more of the following purposes: 

‘‘(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System. 

‘‘(B) Construction, replacement (including replacement 

with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, 

impact protection measures, security countermeasures, and 

protection against extreme events) of bridges on the 

National Highway System. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 433 

‘‘(C) Construction, replacement (including replacement 

with fill material), rehabilitation, preservation, and protection (including impact protection measures, security 

countermeasures, and protection against extreme events) 

of tunnels on the National Highway System. 

‘‘(D) Inspection and evaluation, as described in section 

144, of bridges and tunnels on the National Highway 

System, and inspection and evaluation of other highway 

infrastructure assets on the National Highway System, 

including signs and sign structures, earth retaining walls, 

and drainage structures. 

‘‘(E) Training of bridge and tunnel inspectors, as 

described in section 144. 

‘‘(F) Construction, rehabilitation, or replacement of 

existing ferry boats and ferry boat facilities, including 

approaches, that connect road segments of the National 

Highway System. 

‘‘(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational 

improvements for, a Federal-aid highway not on the 

National Highway System, and construction of a transit 

project eligible for assistance under chapter 53 of title 

49, if— 

‘‘(i) the highway project or transit project is in 

the same corridor as, and in proximity to, a fully 

access-controlled highway designated as a part of the 

National Highway System; 

‘‘(ii) the construction or improvements will reduce 

delays or produce travel time savings on the fully 

access-controlled highway described in clause (i) and 

improve regional traffic flow; and 

‘‘(iii) the construction or improvements are more 

cost-effective, as determined by benefit-cost analysis, 

than an improvement to the fully access-controlled 

highway described in clause (i). 

‘‘(H) Bicycle transportation and pedestrian walkways 

in accordance with section 217. 

‘‘(I) Highway safety improvements for segments of the 

National Highway System. 

‘‘(J) Capital and operating costs for traffic and traveler 

information monitoring, management, and control facilities 

and programs. 

‘‘(K) Development and implementation of a State asset 

management plan for the National Highway System in 

accordance with this section, including data collection, 

maintenance, and integration and the cost associated with 

obtaining, updating, and licensing software and equipment 

required for risk-based asset management and performance-based management. 

‘‘(L) Infrastructure-based intelligent transportation systems capital improvements. 

‘‘(M) Environmental restoration and pollution abatement in accordance with section 328. 

‘‘(N) Control of noxious weeds and aquatic noxious 

weeds and establishment of native species in accordance 

with section 329. 


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126 STAT. 434 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(O) Environmental mitigation efforts related to 

projects funded under this section, as described in subsection (g). 

‘‘(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System. 

‘‘(e) STATE PERFORMANCE MANAGEMENT.— 

‘‘(1) IN GENERAL.—A State shall develop a risk-based asset 

management plan for the National Highway System to improve 

or preserve the condition of the assets and the performance 

of the system. 

‘‘(2) PERFORMANCE DRIVEN PLAN.—A State asset management plan shall include strategies leading to a program of 

projects that would make progress toward achievement of the 

State targets for asset condition and performance of the 

National Highway System in accordance with section 150(d) 

and supporting the progress toward the achievement of the 

national goals identified in section 150(b). 

‘‘(3) SCOPE.—In developing a risk-based asset management 

plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan. 

‘‘(4) PLAN CONTENTS.—A State asset management plan 

shall, at a minimum, be in a form that the Secretary determines 

to be appropriate and include— 

‘‘(A) a summary listing of the pavement and bridge 

assets on the National Highway System in the State, 

including a description of the condition of those assets; 

‘‘(B) asset management objectives and measures; 

‘‘(C) performance gap identification; 

‘‘(D) lifecycle cost and risk management analysis; 

‘‘(E) a financial plan; and 

‘‘(F) investment strategies. 

‘‘(5) REQUIREMENT FOR PLAN.—Notwithstanding section 

120, with respect to the second fiscal year beginning after 

the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State 

asset management plan consistent with this section, the Federal 

share payable on account of any project or activity carried 

out by the State in that fiscal year under this section shall 

be 65 percent. 

‘‘(6) CERTIFICATION OF PLAN DEVELOPMENT PROCESS.— 

‘‘(A) IN GENERAL.—Not later than 90 days after the 

date on which a State submits a request for approval 

of the process used by the State to develop the State 

asset management plan for the National Highway System, 

the Secretary shall— 

‘‘(i) review the process; and 

‘‘(ii)(I) certify that the process meets the requirements established by the Secretary; or 

‘‘(II) deny certification and specify actions necessary for the State to take to correct deficiencies in 

the State process. 

‘‘(B) RECERTIFICATION.—Not less frequently than once 

every 4 years, the Secretary shall review and recertify 

that the process used by a State to develop and maintain 

the State asset management plan for the National Highway 

Deadlines. 

Reviews. 

Determination. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 435 

System meets the requirements for the process, as established by the Secretary. 

‘‘(C) OPPORTUNITY TO CURE.—If the Secretary denies 

certification under subparagraph (A), the Secretary shall 

provide the State with— 

‘‘(i) not less than 90 days to cure the deficiencies 

of the plan, during which time period all penalties 

and other legal impacts of a denial of certification 

shall be stayed; and 

‘‘(ii) a written statement of the specific actions 

the Secretary determines to be necessary for the State 

to cure the plan. 

‘‘(7) PERFORMANCE ACHIEVEMENT.—A State that does not 

achieve or make significant progress toward achieving the targets of the State for performance measures described in section 

150(d) for the National Highway System for 2 consecutive 

reports submitted under this paragraph shall include in the 

next report submitted a description of the actions the State 

will undertake to achieve the targets. 

‘‘(8) PROCESS.—Not later than 18 months after the date 

of enactment of the MAP–21, the Secretary shall, by regulation 

and in consultation with State departments of transportation, 

establish the process to develop the State asset management 

plan described in paragraph (1). 

‘‘(f) INTERSTATE SYSTEM AND NHS BRIDGE CONDITIONS.— 

‘‘(1) CONDITION OF INTERSTATE SYSTEM.— 

‘‘(A) PENALTY.—If, during 2 consecutive reporting 

periods, the condition of the Interstate System, excluding 

bridges on the Interstate System, in a State falls below 

the minimum condition level established by the Secretary 

under section 150(c)(3), the State shall be required, during 

the following fiscal year— 

‘‘(i) to obligate, from the amounts apportioned to 

the State under section 104(b)(1), an amount that is 

not less than the amount of funds apportioned to the 

State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after 

fiscal year 2013, the amount required to be obligated 

under this clause shall be increased by 2 percent over 

the amount required to be obligated in the previous 

fiscal year; and 

‘‘(ii) to transfer, from the amounts apportioned to 

the State under section 104(b)(2) (other than amounts 

suballocated to metropolitan areas and other areas 

of the State under section 133(d)) to the apportionment 

of the State under section 104(b)(1), an amount equal 

to 10 percent of the amount of funds apportioned to 

the State for fiscal year 2009 under the Interstate 

maintenance program for the purposes described in 

this section (as in effect on the day before the date 

of enactment of the MAP–21). 

‘‘(B) RESTORATION.—The obligation requirement for the 

Interstate System in a State required by subparagraph 

(A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the 

Deadline. 

Regulations. 

Reports. 

Statement. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 436 PUBLIC LAW 112–141—JULY 6, 2012 

Interstate System in the State exceeds the minimum condition level established by the Secretary. 

‘‘(2) CONDITION OF NHS BRIDGES.— 

‘‘(A) PENALTY.—If the Secretary determines that, for 

the 3-year-period preceding the date of the determination, 

more than 10 percent of the total deck area of bridges 

in the State on the National Highway System is located 

on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned 

to such State for fiscal year 2009 to carry out section 

144 (as in effect the day before enactment of MAP–21) 

shall be set aside from amounts apportioned to a State 

for a fiscal year under section 104(b)(1) only for eligible 

projects on bridges on the National Highway System. 

‘‘(B) RESTORATION.—The set-aside requirement for 

bridges on the National Highway System in a State under 

subparagraph (A) for a fiscal year shall remain in effect 

for each subsequent fiscal year until such time as less 

than 10 percent of the total deck area of bridges in the 

State on the National Highway System is located on bridges 

that have been classified as structurally deficient, as determined by the Secretary. 

‘‘(g) ENVIRONMENTAL MITIGATION.— 

‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with all applicable 

Federal law (including regulations), environmental mitigation 

efforts referred to in subsection (d)(2)(O) include participation 

in natural habitat and wetlands mitigation efforts relating to 

projects funded under this title, which may include— 

‘‘(A) participation in mitigation banking or other thirdparty mitigation arrangements, such as— 

‘‘(i) the purchase of credits from commercial mitigation banks; 

‘‘(ii) the establishment and management of agencysponsored mitigation banks; and 

‘‘(iii) the purchase of credits or establishment of 

in-lieu fee mitigation programs; 

‘‘(B) contributions to statewide and regional efforts to 

conserve, restore, enhance, and create natural habitats and 

wetlands; and 

‘‘(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans. 

‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The banks, efforts, 

and plans described in paragraph (1) include any such banks, 

efforts, and plans developed in accordance with applicable law 

(including regulations). 

‘‘(3) TERMS AND CONDITIONS.—The following terms and 

conditions apply to natural habitat and wetlands mitigation 

efforts under this subsection: 

‘‘(A) Contributions to the mitigation effort may— 

‘‘(i) take place concurrent with, or in advance of, 

commitment of funding under this title to a project 

or projects; and 

‘‘(ii) occur in advance of project construction only 

if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State 

transportation planning processes. 

Applicability. 

Determination. 

Time period. 


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‘‘(B) Credits from any agency-sponsored mitigation 

bank that are attributable to funding under this section 

may be used only for projects funded under this title, 

unless the agency pays to the Secretary an amount equal 

to the Federal funds attributable to the mitigation bank 

credits the agency uses for purposes other than mitigation 

of a project funded under this title. 

‘‘(4) PREFERENCE.—At the discretion of the project sponsor, 

preference shall be given, to the maximum extent practicable, 

to mitigating an environmental impact through the use of a 

mitigation bank, in-lieu fee, or other third-party mitigation 

arrangement, if the use of credits from the mitigation bank 

or in-lieu fee, or the other third-party mitigation arrangement 

for the project, is approved by the applicable Federal agency.’’. 

(b) TRANSITION PERIOD.— (1) IN GENERAL.—Except as provided in paragraph (2), until 

such date as a State has in effect an approved asset management plan and has established performance targets as described 

in sections 119 and 150 of title 23, United States Code, that 

will contribute to achieving the national goals for the condition 

and performance of the National Highway System, but not 

later than 18 months after the date on which the Secretary 

promulgates the final regulation required under section 150(c) 

of that title, the Secretary shall approve obligations of funds 

apportioned to a State to carry out the national highway 

performance program under section 119 of that title, for projects 

that otherwise meet the requirements of that section. 

(2) EXTENSION.—The Secretary may extend the transition 

period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish 

an asset management plan and performance targets referred 

to in that paragraph. 

(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of 

title 23, United States Code, is amended by striking the item 

relating to section 119 and inserting the following: 

‘‘119. National highway performance program.’’. 

SEC. 1107. EMERGENCY RELIEF. 

Section 125 of title 23, United States Code, is amended to 

read as follows: 

‘‘§ 125. Emergency relief 

‘‘(a) IN GENERAL.—Subject to this section and section 120, an 

emergency fund is authorized for expenditure by the Secretary 

for the repair or reconstruction of highways, roads, and trails, 

in any area of the United States, including Indian reservations, 

that the Secretary finds have suffered serious damage as a result 

of— 

‘‘(1) a natural disaster over a wide area, such as by a 

flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or 

‘‘(2) catastrophic failure from any external cause. 

‘‘(b) RESTRICTION ON ELIGIBILITY.— 

‘‘(1) DEFINITION OF CONSTRUCTION PHASE.—In this subsection, the term ‘construction phase’ means the phase of physical construction of a highway or bridge facility that is separate 

from any other identified phases, such as planning, design, 

Deadline. 

23 USC 119 note. 


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or right-of-way phases, in the State transportation improvement 

program. 

‘‘(2) RESTRICTION.—In no case shall funds be used under 

this section for the repair or reconstruction of a bridge— 

‘‘(A) that has been permanently closed to all vehicular 

traffic by the State or responsible local official because 

of imminent danger of collapse due to a structural deficiency or physical deterioration; or 

‘‘(B) if a construction phase of a replacement structure 

is included in the approved Statewide transportation 

improvement program at the time of an event described 

in subsection (a). 

‘‘(c) FUNDING.— 

‘‘(1) IN GENERAL.—Subject to the limitations described in 

paragraph (2), there are authorized to be appropriated from 

the Highway Trust Fund (other than the Mass Transit Account) 

such sums as are necessary to establish the fund authorized 

by this section and to replenish that fund on an annual basis. 

‘‘(2) LIMITATIONS.—The limitations referred to in paragraph 

(1) are that— 

‘‘(A) not more than $100,000,000 is authorized to be 

obligated in any 1 fiscal year commencing after September 

30, 1980, to carry out this section, except that, if for any 

fiscal year the total of all obligations under this section 

is less than the amount authorized to be obligated for 

the fiscal year, the unobligated balance of that amount 

shall— 

‘‘(i) remain available until expended; and 

‘‘(ii) be in addition to amounts otherwise available 

to carry out this section for each year; and 

‘‘(B)(i) pending such appropriation or replenishment, 

the Secretary may obligate from any funds appropriated 

at any time for obligation in accordance with this title, 

including existing Federal-aid appropriations, such sums 

as are necessary for the immediate prosecution of the work 

herein authorized; and 

‘‘(ii) funds obligated under this subparagraph shall be 

reimbursed from the appropriation or replenishment. 

‘‘(d) ELIGIBILITY.— 

‘‘(1) IN GENERAL.—The Secretary may expend funds from 

the emergency fund authorized by this section only for the 

repair or reconstruction of highways on Federal-aid highways 

in accordance with this chapter, except that— 

‘‘(A) no funds shall be so expended unless an emergency 

has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared 

the emergency to be a major disaster for the purposes 

of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and 

‘‘(B) the Secretary has received an application from 

the State transportation department that includes a comprehensive list of all eligible project sites and repair costs 

by not later than 2 years after the natural disaster or 

catastrophic failure. 

‘‘(2) COST LIMITATION.— 

Deadline. 


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‘‘(A) DEFINITION OF COMPARABLE FACILITY.—In this 

paragraph, the term ‘comparable facility’ means a facility 

that meets the current geometric and construction standards required for the types and volume of traffic that 

the facility will carry over its design life. 

‘‘(B) LIMITATION.—The total cost of a project funded 

under this section may not exceed the cost of repair or 

reconstruction of a comparable facility. 

‘‘(3) DEBRIS REMOVAL.—The costs of debris removal shall 

be an eligible expense under this section only for— 

‘‘(A) an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.); or 

‘‘(B) an event declared a major disaster or emergency 

by the President under that Act if the debris removal 

is not eligible for assistance under section 403, 407, or 

502 of that Act (42 U.S.C. 5170b, 5173, 5192). 

‘‘(4) TERRITORIES.—The total obligations for projects under 

this section for any fiscal year in the Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000. 

‘‘(5) SUBSTITUTE TRAFFIC.—Notwithstanding any other 

provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service 

providing temporary substitute highway traffic service, less 

the amount of fares charged for comparable service, may be 

expended from the emergency fund authorized by this section 

for Federal-aid highways. 

‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FEDERAL LANDS

TRANSPORTATION FACILITIES, AND PUBLIC ROADS ON FEDERAL

LANDS.— 

‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.—In this subsection, the term ‘open to public travel’ means, with respect 

to a road, that, except during scheduled periods, extreme 

weather conditions, or emergencies, the road is open to the 

general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other 

than for general traffic control or restrictions based on size, 

weight, or class of registration. 

‘‘(2) EXPENDITURE OF FUNDS.—Notwithstanding subsection 

(d)(1), the Secretary may expend funds from the emergency 

fund authorized by this section, independently or in cooperation 

with any other branch of the Federal Government, a State 

agency, a tribal government, an organization, or a person, for 

the repair or reconstruction of tribal transportation facilities, 

Federal lands transportation facilities, and other federally 

owned roads that are open to public travel, whether or not 

those facilities are Federal-aid highways. 

‘‘(3) REIMBURSEMENT.— 

‘‘(A) IN GENERAL.—The Secretary may reimburse Federal and State agencies (including political subdivisions) 

for expenditures made for projects determined eligible 

under this section, including expenditures for emergency 

repairs made before a determination of eligibility. 

‘‘(B) TRANSFERS.—With respect to reimbursements 

described in subparagraph (A)— 


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‘‘(i) those reimbursements to Federal agencies and 

Indian tribal governments shall be transferred to the 

account from which the expenditure was made, or to 

a similar account that remains available for obligation; 

and 

‘‘(ii) the budget authority associated with the 

expenditure shall be restored to the agency from which 

the authority was derived and shall be available for 

obligation until the end of the fiscal year following 

the year in which the transfer occurs. 

‘‘(f) TREATMENT OF TERRITORIES.—For purposes of this section, 

the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to 

be States and parts of the United States, and the chief executive 

officer of each such territory shall be considered to be a Governor 

of a State. 

‘‘(g) PROTECTING PUBLIC SAFETY AND MAINTAINING ROADWAYS.—The Secretary may use not more than 5 percent of amounts 

from the emergency fund authorized by this section to carry out 

projects that the Secretary determines are necessary to protect 

the public safety or to maintain or protect roadways that are 

included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this 

section, and the Governor deems to be an ongoing concern in order 

to maintain vehicular traffic on the roadway.’’. 

SEC. 1108. SURFACE TRANSPORTATION PROGRAM. 

(a) ELIGIBLE PROJECTS.—Section 133(b) of title 23, United 

States Code, is amended— 

(1) in the matter preceding paragraph (1) by striking ‘‘section 104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’; 

(2) by striking paragraph (1); 

(3) by redesignating paragraphs (2) through (15) as paragraphs (5) through (18), respectively; 

(4) by inserting before paragraph (5) (as so redesignated) 

the following: 

‘‘(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements 

for highways, including construction of designated routes of 

the Appalachian development highway system and local access 

roads under section 14501 of title 40. 

‘‘(2) Replacement (including replacement with fill material), 

rehabilitation, preservation, protection (including painting, 

scour countermeasures, seismic retrofits, impact protection 

measures, security countermeasures, and protection against 

extreme events) and application of calcium magnesium acetate, 

sodium acetate/formate, or other environmentally acceptable, 

minimally corrosive anti-icing and deicing compositions for 

bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes. 

‘‘(3) Construction of a new bridge or tunnel at a new location on a Federal-aid highway. 

‘‘(4) Inspection and evaluation of bridges and tunnels and 

training of bridge and tunnel inspectors (as defined in section 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 441 

144), and inspection and evaluation of other highway assets 

(including signs, retaining walls, and drainage structures).’’; 

(5) by striking paragraph (6) (as so redesignated) and 

inserting the following: 

‘‘(6) Carpool projects, fringe and corridor parking facilities 

and programs, including electric vehicle and natural gas vehicle 

infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 

217, and the modifications of public sidewalks to comply with 

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 

et seq.).’’; 

(6) by striking paragraph (7) (as so redesignated) and 

inserting the following: 

‘‘(7) Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets 

on bridges, hazard eliminations, projects to mitigate hazards 

caused by wildlife, and railway-highway grade crossings.’’; 

(7) in paragraph (11) (as so redesignated) by striking 

‘‘enhancement activities’’ and inserting ‘‘alternatives’’; 

(8) by striking paragraph (14) (as so redesignated) and 

inserting the following: 

‘‘(14) Environmental mitigation efforts relating to projects 

funded under this title in the same manner and to the same 

extent as such activities are eligible under section 119(g).’’; 

and 

(9) by inserting after paragraph (18) (as so redesignated) 

the following: 

‘‘(19) Projects and strategies designed to support congestion 

pricing, including electric toll collection and travel demand 

management strategies and programs. 

‘‘(20) Recreational trails projects eligible for funding under 

section 206. 

‘‘(21) Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c). 

‘‘(22) Border infrastructure projects eligible for funding 

under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note; 

Public Law 109–59). 

‘‘(23) Truck parking facilities eligible for funding under 

section 1401 of the MAP–21. 

‘‘(24) Development and implementation of a State asset 

management plan for the National Highway System in accordance with section 119, including data collection, maintenance, 

and integration and the costs associated with obtaining, 

updating, and licensing software and equipment required for 

risk based asset management and performance based management, and for similar activities related to the development 

and implementation of a performance based management program for other public roads. 

‘‘(25) A project that, if located within the boundaries of 

a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct 

intermodal interchange, transfer, and access into and out of 

the port. 

‘‘(26) Construction and operational improvements for any 

minor collector if— 

‘‘(A) the minor collector, and the project to be carried 

out with respect to the minor collector, are in the same 


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corridor as, and in proximity to, a Federal-aid highway 

designated as part of the National Highway System; 

‘‘(B) the construction or improvements will enhance 

the level of service on the Federal-aid highway described 

in subparagraph (A) and improve regional traffic flow; and 

‘‘(C) the construction or improvements are more costeffective, as determined by a benefit-cost analysis, than 

an improvement to the Federal-aid highway described in 

subparagraph (A).’’. 

(b) LOCATION OF PROJECTS.—Section 133 of title 23, United 

States Code, is amended by striking subsection (c) and inserting 

the following: 

‘‘(c) LOCATION OF PROJECTS.—Surface transportation program 

projects may not be undertaken on roads functionally classified 

as local or rural minor collectors unless the roads were on a Federalaid highway system on January 1, 1991, except— 

‘‘(1) as provided in subsection (g); 

‘‘(2) for projects described in paragraphs (2), (4), (6), (7), 

(11), (20), (25), and (26) of subsection (b); and 

‘‘(3) as approved by the Secretary.’’. 

(c) ALLOCATION OF APPORTIONED FUNDS.—Section 133 of the 

title 23, United States Code, is amended by striking subsection 

(d) and inserting the following: 

‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED

ON POPULATION.— 

‘‘(1) CALCULATION.—Of the funds apportioned to a State 

under section 104(b)(2)— 

‘‘(A) 50 percent for a fiscal year shall be obligated 

under this section, in proportion to their relative shares 

of the population of the State— 

‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000; 

‘‘(ii) in areas of the State other than urban areas 

with a population greater than 5,000; and 

‘‘(iii) in other areas of the State; and 

‘‘(B) 50 percent may be obligated in any area of the 

State. 

‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the 

metropolitan area established under section 134 that encompasses the urbanized area. 

‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of paragraph (1)(A)(ii), 

before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall 

consult with the regional transportation planning organizations 

that represent the area, if any. 

‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000

POPULATION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the amount of funds that a State is required to obligate 

under paragraph (1)(A)(i) shall be obligated in urbanized 

areas described in paragraph (1)(A)(i) based on the relative 

population of the areas. 

‘‘(B) OTHER FACTORS.—The State may obligate the 

funds described in subparagraph (A) based on other factors 

if the State and the relevant metropolitan planning 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 443 

organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. 

‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section 

shall be consistent with sections 134 and 135.’’. 

(d) ADMINISTRATION.—Section 133 of title 23, United States 

Code, is amended by striking subsection (e) and inserting the following: 

‘‘(e) ADMINISTRATION.— ‘‘(1) SUBMISSION OF PROJECT AGREEMENT.—For each fiscal 

year, each State shall submit a project agreement that— 

‘‘(A) certifies that the State will meet all the requirements of this section; and 

‘‘(B) notifies the Secretary of the amount of obligations 

needed to carry out the program under this section. 

‘‘(2) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each State 

shall request from the Secretary such adjustments to the 

amount of obligations referred to in paragraph (1)(B) as the 

State determines to be necessary. 

‘‘(3) EFFECT OF APPROVAL BY THE SECRETARY.—Approval 

by the Secretary of a project agreement under paragraph (1) 

shall be deemed a contractual obligation of the United States 

to pay surface transportation program funds made available 

under this title.’’. 

(e) OBLIGATION AUTHORITY.—Section 133(f)(1) of title 23, United 

States Code, is amended by striking ‘‘2004 through 2006 and the 

period of fiscal years 2007 through 2009’’ and inserting ‘‘2011 

through 2014’’. 

(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—Section 133 of 

the title 23, United States Code, is amended by adding at the 

end the following: 

‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In this subsection, 

the term ‘off-system bridge’ means a highway bridge located 

on a public road, other than a bridge on a Federal-aid highway. 

‘‘(2) SPECIAL RULE.— 

‘‘(A) SET-ASIDE.—Of the amounts apportioned to a State 

for fiscal year 2013 and each fiscal year thereafter under 

this section, the State shall obligate for activities described 

in subsection (b)(2) for off-system bridges an amount that 

is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for 

fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection. 

‘‘(B) REDUCTION OF EXPENDITURES.—The Secretary, 

after consultation with State and local officials, may reduce 

the requirement for expenditures for off-system bridges 

under subparagraph (A) with respect to the State if the 

Secretary determines that the State has inadequate needs 

to justify the expenditure. 

‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

Notwithstanding any other provision of law, with respect to 

any project not on a Federal-aid highway for the replacement 

of a bridge or rehabilitation of a bridge that is wholly funded 

from State and local sources, is eligible for Federal funds under 

Notification. 

Certification. 


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this section, is noncontroversial, is certified by the State to 

have been carried out in accordance with all standards 

applicable to such projects under this section, and is determined 

by the Secretary upon completion to be no longer a deficient 

bridge— 

‘‘(A) any amount expended after the date of enactment 

of this subsection from State and local sources for the 

project in excess of 20 percent of the cost of construction 

of the project may be credited to the non-Federal share 

of the cost of other bridge projects in the State that are 

eligible for Federal funds under this section; and 

‘‘(B) that crediting shall be conducted in accordance 

with procedures established by the Secretary. 

‘‘(h) SPECIAL RULE FOR AREAS OF LESS THAN 5,000 POPU- LATION.— 

‘‘(1) SPECIAL RULE.—Notwithstanding subsection (c), and 

except as provided in paragraph (2), up to 15 percent of the 

amounts required to be obligated by a State under subsection 

(d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may 

be obligated on roads functionally classified as minor collectors. 

‘‘(2) SUSPENSION.—The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary 

determines that the authority provided under paragraph (1) 

is being used excessively by the State.’’. 

SEC. 1109. WORKFORCE DEVELOPMENT. 

(a) ON-THE-JOB TRAINING.—Section 140(b) of title 23, United 

States Code, is amended— 

(1) in the second sentence, by striking ‘‘Whenever apportionments are made under section 104(b)(3) of this title,’’ and 

inserting ‘‘From administrative funds made available under 

section 104(a),’’; and 

(2) in the fourth sentence, by striking ‘‘and the bridge 

program under section 144’’. 

(b) DISADVANTAGED BUSINESS ENTERPRISE.—Section 140(c) of 

title 23, United States Code, is amended in the second sentence 

by striking ‘‘Whenever apportionments are made under section 

104(b)(3),’’ and inserting ‘‘From administrative funds made available 

under section 104(a),’’. 

SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 

Section 143 of title 23, United States Code, is amended— 

(1) in subsection (b)— 

(A) by striking paragraph (2) and inserting the following: 

‘‘(2) FUNDING.— ‘‘(A) IN GENERAL.—From administrative funds made 

available under section 104(a), the Secretary shall deduct 

such sums as are necessary, not to exceed $10,000,000 

for each of fiscal years 2013 and 2014, to carry out this 

section. 

‘‘(B) ALLOCATION OF FUNDS.—Funds made available 

to carry out this section may be allocated to the Internal 

Revenue Service and the States at the discretion of the 

Secretary, except that of funds so made available for each 

fiscal year, $2,000,000 shall be available only to carry 

out intergovernmental enforcement efforts, including 

research and training.’’; and 


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(B) in paragraph (8) by striking ‘‘section 104(b)(3)’’ 

and inserting ‘‘section 104(b)(2)’’; and 

(2) in subsection (c)(3) by striking ‘‘for each of fiscal years 

2005 through 2009,’’ and inserting ‘‘for each fiscal year,’’. 

SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION STANDARDS. 

(a) IN GENERAL.—Section 144 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 144. National bridge and tunnel inventory and inspection 

standards 

‘‘(a) FINDINGS AND DECLARATIONS.— ‘‘(1) FINDINGS.—Congress finds that— 

‘‘(A) the condition of the bridges of the United States 

has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105– 

178; 112 Stat. 107), yet continued improvement to bridge 

conditions is essential to protect the safety of the traveling 

public and allow for the efficient movement of people and 

goods on which the economy of the United States relies; 

and 

‘‘(B) the systematic preventative maintenance of 

bridges, and replacement and rehabilitation of deficient 

bridges, should be undertaken through an overall asset 

management approach to transportation investment. 

‘‘(2) DECLARATIONS.—Congress declares that it is in the 

vital interest of the United States— 

‘‘(A) to inventory, inspect, and improve the condition 

of the highway bridges and tunnels of the United States; 

‘‘(B) to use a data-driven, risk-based approach and 

cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges 

and tunnels to ensure safety and extended service life; 

‘‘(C) to use performance-based bridge management systems to assist States in making timely investments; 

‘‘(D) to ensure accountability and link performance outcomes to investment decisions; and 

‘‘(E) to ensure connectivity and access for residents 

of rural areas of the United States through strategic investments in National Highway System bridges and bridges 

on all public roads. 

‘‘(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—The Secretary, in consultation with the States and Federal agencies with 

jurisdiction over highway bridges and tunnels, shall— 

‘‘(1) inventory all highway bridges on public roads, on and 

off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other 

topographical barriers, other highways, and railroads; 

‘‘(2) inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally 

owned tunnels; 

‘‘(3) classify the bridges according to serviceability, safety, 

and essentiality for public use, including the potential impacts 

to emergency evacuation routes and to regional and national 

freight and passenger mobility if the serviceability of the bridge 

is restricted or diminished; 


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‘‘(4) based on that classification, assign each a risk-based 

priority for systematic preventative maintenance, replacement, 

or rehabilitation; and 

‘‘(5) determine the cost of replacing each structurally deficient bridge identified under this subsection with a comparable 

facility or the cost of rehabilitating the bridge. 

‘‘(c) GENERAL BRIDGE AUTHORITY.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2) 

and notwithstanding any other provision of law, the General 

Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges 

authorized to be replaced, in whole or in part, by this title. 

‘‘(2) EXCEPTION.—Section 502(b) of the General Bridge Act 

of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 

3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that— 

‘‘(A) are not used and are not susceptible to use in 

the natural condition of the bridge or by reasonable 

improvement as a means to transport interstate or foreign 

commerce; and 

‘‘(B) are— 

‘‘(i) not tidal; or 

‘‘(ii) if tidal, used only by recreational boating, 

fishing, and other small vessels that are less than 

21 feet in length. 

‘‘(d) INVENTORY UPDATES AND REPORTS.— 

‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) annually revise the inventories authorized by subsection (b); and 

‘‘(B) submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate 

a report on the inventories. 

‘‘(2) INSPECTION REPORT.—Not later than 2 years after the 

date of enactment of the MAP–21, each State and appropriate 

Federal agency shall report element level data to the Secretary, 

as each bridge is inspected pursuant to this section, for all 

highway bridges on the National Highway System. 

‘‘(3) GUIDANCE.—The Secretary shall provide guidance to 

States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of 

each State. 

‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY SYSTEM.—The 

Secretary shall— 

‘‘(A) conduct a study on the benefits, cost-effectiveness, 

and feasibility of requiring element-level data collection 

for bridges not on the National Highway System; and 

‘‘(B) submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate 

a report on the results of the study. 

‘‘(e) BRIDGES WITHOUT TAXING POWERS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, any bridge that is owned and operated by an agency 

that does not have taxing powers and whose functions include 

operating a federally assisted public transit system subsidized 

by toll revenues shall be eligible for assistance under this 

Study. 


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title, but the amount of such assistance shall in no event 

exceed the cumulative amount which such agency has expended 

for capital and operating costs to subsidize such transit system. 

‘‘(2) INSUFFICIENT ASSETS.—Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required 

for bridge and transit capital and operating costs) to fund 

the bridge project or activity eligible for assistance under this 

title. 

‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any non-Federal 

funds expended for the seismic retrofit of the bridge may be 

credited toward the non-Federal share required as a condition 

of receipt of any Federal funds for seismic retrofit of the bridge 

made available after the date of the expenditure. 

‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND FERRY BOAT

SERVICE.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, a State may use the funds apportioned under section 

104(b)(2) to construct any bridge that replaces— 

‘‘(A) any low water crossing (regardless of the length 

of the low water crossing); 

‘‘(B) any bridge that was destroyed prior to January 

1, 1965; 

‘‘(C) any ferry that was in existence on January 1, 

1984; or 

‘‘(D) any road bridge that is rendered obsolete as a 

result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps 

of Engineers. 

‘‘(2) FEDERAL SHARE.—The Federal share payable on any 

bridge construction carried out under paragraph (1) shall be 

80 percent of the cost of the construction. 

‘‘(g) HISTORIC BRIDGES.— 

‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this subsection, 

the term ‘historic bridge’ means any bridge that is listed on, 

or eligible for listing on, the National Register of Historic 

Places. 

‘‘(2) COORDINATION.—The Secretary shall, in cooperation 

with the States, encourage the retention, rehabilitation, 

adaptive reuse, and future study of historic bridges. 

‘‘(3) STATE INVENTORY.—The Secretary shall require each 

State to complete an inventory of all bridges on and off Federalaid highways to determine the historic significance of the 

bridges. 

‘‘(4) ELIGIBILITY.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce 

the impact of a project under this chapter on, the historic 

integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity 

and safety features of the historic bridge are adequate 

to serve the intended use for the life of the historic bridge. 

‘‘(B) BRIDGES NOT USED FOR VEHICLE TRAFFIC.—In the 

case of a historic bridge that is no longer used for motorized 

vehicular traffic, the costs eligible as reimbursable project 


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126 STAT. 448 PUBLIC LAW 112–141—JULY 6, 2012 

costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge. 

‘‘(5) PRESERVATION.—Any State that proposes to demolish 

a historic bridge for a replacement project with funds made 

available to carry out this section shall first make the historic 

bridge available for donation to a State, locality, or responsible 

private entity if the State, locality, or responsible entity enters 

into an agreement— 

‘‘(A) to maintain the bridge and the features that give 

the historic bridge its historic significance; and 

‘‘(B) to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless 

in any liability action. 

‘‘(6) COSTS INCURRED.— ‘‘(A) IN GENERAL.—Costs incurred by the State to preserve a historic bridge (including funds made available 

to the State, locality, or private entity to enable it to 

accept the bridge) shall be eligible as reimbursable project 

costs under this chapter in an amount not to exceed the 

cost of demolition. 

‘‘(B) ADDITIONAL FUNDING.—Any bridge preserved 

pursuant to this paragraph shall not be eligible for any 

other funds authorized pursuant to this title. 

‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION STANDARDS.— 

‘‘(1) REQUIREMENT.— 

‘‘(A) IN GENERAL.—The Secretary shall establish and 

maintain inspection standards for the proper inspection 

and evaluation of all highway bridges and tunnels for safety 

and serviceability. 

‘‘(B) UNIFORMITY.—The standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations. 

‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION STANDARDS.— 

The standards established under paragraph (1) shall, at a minimum— 

‘‘(A) specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies, 

and tribal governments; 

‘‘(B) establish the maximum time period between 

inspections; 

‘‘(C) establish the qualifications for those charged with 

carrying out the inspections; 

‘‘(D) require each State, Federal agency, and tribal 

government to maintain and make available to the Secretary on request— 

‘‘(i) written reports on the results of highway 

bridge and tunnel inspections and notations of any 

action taken pursuant to the findings of the inspections; and 

‘‘(ii) current inventory data for all highway bridges 

and tunnels reflecting the findings of the most recent 

highway bridge and tunnel inspections conducted; and 

‘‘(E) establish a procedure for national certification of 

highway bridge inspectors and tunnel inspectors. 

‘‘(3) STATE COMPLIANCE WITH INSPECTION STANDARDS.—The 

Secretary shall, at a minimum— 

Procedures. 

Certification. 

Inventory data. 

Reports. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 449 

‘‘(A) establish, in consultation with the States, Federal 

agencies, and interested and knowledgeable private 

organizations and individuals, procedures to conduct 

reviews of State compliance with— 

‘‘(i) the standards established under this subsection; and 

‘‘(ii) the calculation or reevaluation of bridge load 

ratings; and 

‘‘(B) establish, in consultation with the States, Federal 

agencies, and interested and knowledgeable private 

organizations and individuals, procedures for States to follow in reporting to the Secretary— 

‘‘(i) critical findings relating to structural or safetyrelated deficiencies of highway bridges and tunnels; 

and 

‘‘(ii) monitoring activities and corrective actions 

taken in response to a critical finding described in 

clause (i). 

‘‘(4) REVIEWS OF STATE COMPLIANCE.— 

‘‘(A) IN GENERAL.—The Secretary shall annually review 

State compliance with the standards established under this 

section. 

‘‘(B) NONCOMPLIANCE.—If an annual review in accordance with subparagraph (A) identifies noncompliance by 

a State, the Secretary shall— 

‘‘(i) issue a report detailing the issues of the noncompliance by December 31 of the calendar year in 

which the review was made; and 

‘‘(ii) provide the State an opportunity to address 

the noncompliance by— 

‘‘(I) developing a corrective action plan to 

remedy the noncompliance; or 

‘‘(II) resolving the issues of noncompliance not 

later than 45 days after the date of notification. 

‘‘(5) PENALTY FOR NONCOMPLIANCE.— ‘‘(A) IN GENERAL.—If a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar 

year following the year of a finding of noncompliance, the 

Secretary shall, on October 1 of that year, and each year 

thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119 

and 133 after the date of enactment of the MAP–21 to 

correct the noncompliance with the minimum inspection 

standards established under this subsection. 

‘‘(B) AMOUNT.—The amount of the funds to be directed 

to correcting noncompliance in accordance with subparagraph (A) shall— 

‘‘(i) be determined by the State based on an analysis of the actions needed to address the noncompliance; and 

‘‘(ii) require approval by the Secretary. 

‘‘(6) UPDATE OF STANDARDS.—Not later than 3 years after 

the date of enactment of the MAP–21, the Secretary shall 

update inspection standards to cover— 

‘‘(A) the methodology, training, and qualifications for 

inspectors; and 

‘‘(B) the frequency of inspection. 

Deadline. 

Determination. 

Deadlines. 

Action plan. 

Reports. 

Deadlines. 

Procedures. 

Reports. 


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126 STAT. 450 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(7) RISK-BASED APPROACH.—In carrying out the revisions 

required by paragraph (6), the Secretary shall consider a riskbased approach to determining the frequency of bridge inspections. 

‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL INSPECTORS.— ‘‘(1) IN GENERAL.—The Secretary, in cooperation with the 

State transportation departments, shall maintain a program 

designed to train appropriate personnel to carry out highway 

bridge and tunnel inspections. 

‘‘(2) REVISIONS.—The training program shall be revised 

from time to time to take into account new and improved 

techniques. 

‘‘(j) AVAILABILITY OF FUNDS.—In carrying out this section— 

‘‘(1) the Secretary may use funds made available to the 

Secretary under sections 104(a) and 503; 

‘‘(2) a State may use amounts apportioned to the State 

under section 104(b)(1) and 104(b)(3); 

‘‘(3) an Indian tribe may use funds made available to the 

Indian tribe under section 202; and 

‘‘(4) a Federal agency may use funds made available to 

the agency under section 503.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 

title 23, United States Code, is amended by striking the item 

relating to section 144 and inserting the following: 

‘‘144. National bridge and tunnel inventory and inspection standards.’’. 

SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

(a) IN GENERAL.—Section 148 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 148. Highway safety improvement program 

‘‘(a) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high risk rural 

road’ means any roadway functionally classified as a rural 

major or minor collector or a rural local road with significant 

safety risks, as defined by a State in accordance with an 

updated State strategic highway safety plan. 

‘‘(2) HIGHWAY BASEMAP.—The term ‘highway basemap’ 

means a representation of all public roads that can be used 

to geolocate attribute data on a roadway. 

‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—The term 

‘highway safety improvement program’ means projects, activities, plans, and reports carried out under this section. 

‘‘(4) HIGHWAY SAFETY IMPROVEMENT PROJECT.— 

‘‘(A) IN GENERAL.—The term ‘highway safety improvement project’ means strategies, activities, and projects on 

a public road that are consistent with a State strategic 

highway safety plan and— 

‘‘(i) correct or improve a hazardous road location 

or feature; or 

‘‘(ii) address a highway safety problem. 

‘‘(B) INCLUSIONS.—The term ‘highway safety improvement project’ includes, but is not limited to, a project for 

1 or more of the following: 

‘‘(i) An intersection safety improvement. 


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‘‘(ii) Pavement and shoulder widening (including 

addition of a passing lane to remedy an unsafe condition). 

‘‘(iii) Installation of rumble strips or another 

warning device, if the rumble strips or other warning 

devices do not adversely affect the safety or mobility 

of bicyclists and pedestrians, including persons with 

disabilities. 

‘‘(iv) Installation of a skid-resistant surface at an 

intersection or other location with a high frequency 

of crashes. 

‘‘(v) An improvement for pedestrian or bicyclist 

safety or safety of persons with disabilities. 

‘‘(vi) Construction and improvement of a railwayhighway grade crossing safety feature, including 

installation of protective devices. 

‘‘(vii) The conduct of a model traffic enforcement 

activity at a railway-highway crossing. 

‘‘(viii) Construction of a traffic calming feature. 

‘‘(ix) Elimination of a roadside hazard. 

‘‘(x) Installation, replacement, and other improvement of highway signage and pavement markings, or 

a project to maintain minimum levels of 

retroreflectivity, that addresses a highway safety 

problem consistent with a State strategic highway 

safety plan. 

‘‘(xi) Installation of a priority control system for 

emergency vehicles at signalized intersections. 

‘‘(xii) Installation of a traffic control or other 

warning device at a location with high crash potential. 

‘‘(xiii) Transportation safety planning. 

‘‘(xiv) Collection, analysis, and improvement of 

safety data. 

‘‘(xv) Planning integrated interoperable emergency 

communications equipment, operational activities, or 

traffic enforcement activities (including police assistance) relating to work zone safety. 

‘‘(xvi) Installation of guardrails, barriers (including 

barriers between construction work zones and traffic 

lanes for the safety of road users and workers), and 

crash attenuators. 

‘‘(xvii) The addition or retrofitting of structures 

or other measures to eliminate or reduce crashes 

involving vehicles and wildlife. 

‘‘(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school 

zones. 

‘‘(xix) Construction and operational improvements 

on high risk rural roads. 

‘‘(xx) Geometric improvements to a road for safety 

purposes that improve safety. 

‘‘(xxi) A road safety audit. 

‘‘(xxii) Roadway safety infrastructure improvements consistent with the recommendations included 

in the publication of the Federal Highway Administration entitled ‘Highway Design Handbook for Older 


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126 STAT. 452 PUBLIC LAW 112–141—JULY 6, 2012 

Drivers and Pedestrians’ (FHWA–RD–01–103), dated 

May 2001 or as subsequently revised and updated. 

‘‘(xxiii) Truck parking facilities eligible for funding 

under section 1401 of the MAP–21. 

‘‘(xxiv) Systemic safety improvements. 

‘‘(5) MODEL INVENTORY OF ROADWAY ELEMENTS.—The term 

‘model inventory of roadway elements’ means the listing and 

standardized coding by the Federal Highway Administration 

of roadway and traffic data elements critical to safety management, analysis, and decisionmaking. 

‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS OF

RETROREFLECTIVITY.—The term ‘project to maintain minimum 

levels of retroreflectivity’ means a project that is designed to 

maintain a highway sign or pavement marking retroreflectivity 

at or above the minimum levels prescribed in Federal or State 

regulations. 

‘‘(7) ROAD SAFETY AUDIT.—The term ‘road safety audit’ 

means a formal safety performance examination of an existing 

or future road or intersection by an independent multidisciplinary audit team. 

‘‘(8) ROAD USERS.—The term ‘road user’ means a motorist, 

passenger, public transportation operator or user, truck driver, 

bicyclist, motorcyclist, or pedestrian, including a person with 

disabilities. 

‘‘(9) SAFETY DATA.— 

‘‘(A) IN GENERAL.—The term ‘safety data’ means crash, 

roadway, and traffic data on a public road. 

‘‘(B) INCLUSION.—The term ‘safety data’ includes, in 

the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle 

data. 

‘‘(10) SAFETY PROJECT UNDER ANY OTHER SECTION.— 

‘‘(A) IN GENERAL.—The term ‘safety project under any 

other section’ means a project carried out for the purpose 

of safety under any other section of this title. 

‘‘(B) INCLUSION.—The term ‘safety project under any 

other section’ includes— 

‘‘(i) a project consistent with the State strategic 

highway safety plan that promotes the awareness of 

the public and educates the public concerning highway 

safety matters (including motorcycle safety); 

‘‘(ii) a project to enforce highway safety laws; and 

‘‘(iii) a project to provide infrastructure and infrastructure-related equipment to support emergency 

services. 

‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

The term ‘State highway safety improvement program’ means 

a program of highway safety improvement projects, activities, 

plans and reports carried out as part of the Statewide transportation improvement program under section 135(g). 

‘‘(12) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term 

‘State strategic highway safety plan’ means a comprehensive 

plan, based on safety data, developed by a State transportation 

department that— 

‘‘(A) is developed after consultation with— 

‘‘(i) a highway safety representative of the Governor of the State; 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 453 

‘‘(ii) regional transportation planning organizations 

and metropolitan planning organizations, if any; 

‘‘(iii) representatives of major modes of transportation; 

‘‘(iv) State and local traffic enforcement officials; 

‘‘(v) a highway-rail grade crossing safety representative of the Governor of the State; 

‘‘(vi) representatives conducting a motor carrier 

safety program under section 31102, 31106, or 31309 

of title 49; 

‘‘(vii) motor vehicle administration agencies; 

‘‘(viii) county transportation officials; 

‘‘(ix) State representatives of nonmotorized users; 

and 

‘‘(x) other major Federal, State, tribal, and local 

safety stakeholders; 

‘‘(B) analyzes and makes effective use of State, regional, 

local, or tribal safety data; 

‘‘(C) addresses engineering, management, operation, 

education, enforcement, and emergency services elements 

(including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects; 

‘‘(D) considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public 

roads and roads on tribal land; 

‘‘(E) considers the results of State, regional, or local 

transportation and highway safety planning processes; 

‘‘(F) describes a program of strategies to reduce or 

eliminate safety hazards; 

‘‘(G) is approved by the Governor of the State or a 

responsible State agency; 

‘‘(H) is consistent with section 135(g); and 

‘‘(I) is updated and submitted to the Secretary for 

approval as required under subsection (d)(2). 

‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The term ‘systemic 

safety improvement’ means an improvement that is widely 

implemented based on high-risk roadway features that are 

correlated with particular crash types, rather than crash frequency. 

‘‘(b) PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall carry out a highway 

safety improvement program. 

‘‘(2) PURPOSE.—The purpose of the highway safety improvement program shall be to achieve a significant reduction in 

traffic fatalities and serious injuries on all public roads, 

including non-State-owned public roads and roads on tribal 

land. 

‘‘(c) ELIGIBILITY.— 

‘‘(1) IN GENERAL.—To obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have 

in effect a State highway safety improvement program under 

which the State— 

‘‘(A) develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(12) and (d); 

Strategic plan. 


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126 STAT. 454 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(B) produces a program of projects or strategies to 

reduce identified safety problems; and 

‘‘(C) evaluates the strategic highway safety plan on 

a regularly recurring basis in accordance with subsection 

(d)(1) to ensure the accuracy of the data and priority of 

proposed strategies. 

‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY

PROBLEMS AND OPPORTUNITIES.—As part of the State highway 

safety improvement program, a State shall— 

‘‘(A) have in place a safety data system with the ability 

to perform safety problem identification and countermeasure analysis— 

‘‘(i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the 

safety data on all public roads, including non-Stateowned public roads and roads on tribal land in the 

State; 

‘‘(ii) to evaluate the effectiveness of data improvement efforts; 

‘‘(iii) to link State data systems, including traffic 

records, with other data systems within the State; 

‘‘(iv) to improve the compatibility and interoperability of safety data with other State transportationrelated data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems; 

‘‘(v) to enhance the ability of the Secretary to 

observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and 

‘‘(vi) to improve the collection of data on nonmotorized crashes; 

‘‘(B) based on the analysis required by subparagraph 

(A)— 

‘‘(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway 

crossing needs, and unmarked or poorly marked roads) 

that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway 

users; 

‘‘(ii) using such criteria as the State determines 

to be appropriate, establish the relative severity of 

those locations, in terms of crashes (including crash 

rates), fatalities, serious injuries, traffic volume levels, 

and other relevant data; 

‘‘(iii) identify the number of fatalities and serious 

injuries on all public roads by location in the State; 

‘‘(iv) identify highway safety improvement projects 

on the basis of crash experience, crash potential, crash 

rate, or other data-supported means; and 

‘‘(v) consider which projects maximize opportunities to advance safety; 

‘‘(C) adopt strategic and performance-based goals 

that— 

‘‘(i) address traffic safety, including behavioral and 

infrastructure problems and opportunities on all public 

roads; 

‘‘(ii) focus resources on areas of greatest need; and 

Evaluation. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 455 

‘‘(iii) are coordinated with other State highway 

safety programs; 

‘‘(D) advance the capabilities of the State for safety 

data collection, analysis, and integration in a manner 

that— 

‘‘(i) complements the State highway safety program 

under chapter 4 and the commercial vehicle safety 

plan under section 31102 of title 49; 

‘‘(ii) includes all public roads, including public nonState-owned roads and roads on tribal land; 

‘‘(iii) identifies hazardous locations, sections, and 

elements on all public roads that constitute a danger 

to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway 

users; 

‘‘(iv) includes a means of identifying the relative 

severity of hazardous locations described in clause (iii) 

in terms of crashes (including crash rate), serious 

injuries, fatalities, and traffic volume levels; and 

‘‘(v) improves the ability of the State to identify 

the number of fatalities and serious injuries on all 

public roads in the State with a breakdown by functional classification and ownership in the State; 

‘‘(E)(i) determine priorities for the correction of hazardous road locations, sections, and elements (including 

railway-highway crossing improvements), as identified 

through safety data analysis; 

‘‘(ii) identify opportunities for preventing the development of such hazardous conditions; and 

‘‘(iii) establish and implement a schedule of highway 

safety improvement projects for hazard correction and 

hazard prevention; and 

‘‘(F)(i) establish an evaluation process to analyze and 

assess results achieved by highway safety improvement 

projects carried out in accordance with procedures and 

criteria established by this section; and 

‘‘(ii) use the information obtained under clause (i) in 

setting priorities for highway safety improvement projects. 

‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY PLANS.— 

‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of the MAP–21, the Secretary shall 

establish requirements for regularly recurring State 

updates of strategic highway safety plans. 

‘‘(B) CONTENTS OF UPDATED STRATEGIC HIGHWAY

SAFETY PLANS.—In establishing requirements under this 

subsection, the Secretary shall ensure that States take 

into consideration, with respect to updated strategic highway safety plans— 

‘‘(i) the findings of road safety audits; 

‘‘(ii) the locations of fatalities and serious injuries; 

‘‘(iii) the locations that do not have an empirical 

history of fatalities and serious injuries, but possess 

risk factors for potential crashes; 

‘‘(iv) rural roads, including all public roads, 

commensurate with fatality data; 

Deadline. 

Evaluation. 


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126 STAT. 456 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(v) motor vehicle crashes that include fatalities 

or serious injuries to pedestrians and bicyclists; 

‘‘(vi) the cost-effectiveness of improvements; 

‘‘(vii) improvements to rail-highway grade 

crossings; and 

‘‘(viii) safety on all public roads, including nonState-owned public roads and roads on tribal land. 

‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGHWAY SAFETY

PLANS.— 

‘‘(A) IN GENERAL.—Each State shall— 

‘‘(i) update the strategic highway safety plans of 

the State in accordance with the requirements established by the Secretary under this subsection; and 

‘‘(ii) submit the updated plans to the Secretary, 

along with a detailed description of the process used 

to update the plan. 

‘‘(B) REQUIREMENTS FOR APPROVAL.—The Secretary 

shall not approve the process for an updated strategic 

highway safety plan unless— 

‘‘(i) the updated strategic highway safety plan is 

consistent with the requirements of this subsection 

and subsection (a)(12); and 

‘‘(ii) the process used is consistent with the requirements of this subsection. 

‘‘(3) PENALTY FOR FAILURE TO HAVE AN APPROVED UPDATED

STRATEGIC HIGHWAY SAFETY PLAN.—If a State does not have 

an updated strategic highway safety plan with a process 

approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under 

paragraph (1), the State shall not be eligible to receive any 

additional limitation pursuant to the redistribution of the 

limitation on obligations for Federal-aid highway and highway 

safety construction programs that occurs after August 1 for 

each succeeding fiscal year until the fiscal year during which 

the plan is approved. 

‘‘(e) ELIGIBLE PROJECTS.— 

‘‘(1) IN GENERAL.—Funds apportioned to the State under 

section 104(b)(3) may be obligated to carry out— 

‘‘(A) any highway safety improvement project on any 

public road or publicly owned bicycle or pedestrian pathway 

or trail; 

‘‘(B) as provided in subsection (g); or 

‘‘(C) any project to maintain minimum levels of 

retroreflectivity with respect to a public road, without 

regard to whether the project is included in an applicable 

State strategic highway safety plan. 

‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 

‘‘(A) EFFECT OF SECTION.—Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects. 

‘‘(B) USE OF OTHER FUNDS.—States are encouraged to 

address the full scope of the safety needs and opportunities 

of the States by using funds made available under other 

provisions of this title (except a provision that specifically 

prohibits that use). 

‘‘(f) DATA IMPROVEMENT.— 

Deadline. 


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‘‘(1) DEFINITION OF DATA IMPROVEMENT ACTIVITIES.—In this 

subsection, the following definitions apply: 

‘‘(A) IN GENERAL.—The term ‘data improvement activities’ means a project or activity to further the capacity 

of a State to make more informed and effective safety 

infrastructure investment decisions. 

‘‘(B) INCLUSIONS.—The term ‘data improvement activities’ includes a project or activity— 

‘‘(i) to create, update, or enhance a highway 

basemap of all public roads in a State; 

‘‘(ii) to collect safety data, including data identified 

as part of the model inventory for roadway elements, 

for creation of or use on a highway basemap of all 

public roads in a State; 

‘‘(iii) to store and maintain safety data in an electronic manner; 

‘‘(iv) to develop analytical processes for safety data 

elements; 

‘‘(v) to acquire and implement roadway safety analysis tools; and 

‘‘(vi) to support the collection, maintenance, and 

sharing of safety data on all public roads and related 

systems associated with the analytical usage of that 

data. 

‘‘(2) MODEL INVENTORY OF ROADWAY ELEMENTS.—The Secretary shall— 

‘‘(A) establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway 

safety; and 

‘‘(B) ensure that States adopt and use the subset to 

improve data collection. 

‘‘(g) SPECIAL RULES.— 

‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the fatality rate 

on rural roads in a State increases over the most recent 2- 

year period for which data are available, that State shall be 

required to obligate in the next fiscal year for projects on 

high risk rural roads an amount equal to at least 200 percent 

of the amount of funds the State received for fiscal year 2009 

for high risk rural roads under subsection (f) of this section, 

as in effect on the day before the date of enactment of the 

MAP–21. 

‘‘(2) OLDER DRIVERS.—If traffic fatalities and serious 

injuries per capita for drivers and pedestrians over the age 

of 65 in a State increases during the most recent 2-year period 

for which data are available, that State shall be required to 

include, in the subsequent Strategic Highway Safety Plan of 

the State, strategies to address the increases in those rates, 

taking into account the recommendations included in the 

publication of the Federal Highway Administration entitled 

‘Highway Design Handbook for Older Drivers and Pedestrians’ 

(FHWA–RD–01–103), and dated May 2001, or as subsequently 

revised and updated. 

‘‘(h) REPORTS.— 

‘‘(1) IN GENERAL.—A State shall submit to the Secretary 

a report that— 

‘‘(A) describes progress being made to implement highway safety improvement projects under this section; 


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126 STAT. 458 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(B) assesses the effectiveness of those improvements; 

and 

‘‘(C) describes the extent to which the improvements 

funded under this section have contributed to reducing— 

‘‘(i) the number and rate of fatalities on all public 

roads with, to the maximum extent practicable, a 

breakdown by functional classification and ownership 

in the State; 

‘‘(ii) the number and rate of serious injuries on 

all public roads with, to the maximum extent practicable, a breakdown by functional classification and 

ownership in the State; and 

‘‘(iii) the occurrences of fatalities and serious 

injuries at railway-highway crossings. 

‘‘(2) CONTENTS; SCHEDULE.—The Secretary shall establish 

the content and schedule for the submission of the report under 

paragraph (1). 

‘‘(3) TRANSPARENCY.—The Secretary shall make strategic 

highway safety plans submitted under subsection (d) and 

reports submitted under this subsection available to the public 

through— 

‘‘(A) the website of the Department; and 

‘‘(B) such other means as the Secretary determines 

to be appropriate. 

‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN

REPORTS, SURVEYS, AND INFORMATION.—Notwithstanding any 

other provision of law, reports, surveys, schedules, lists, or 

data compiled or collected for any purpose relating to this 

section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered 

for other purposes in any action for damages arising from 

any occurrence at a location identified or addressed in the 

reports, surveys, schedules, lists, or other data. 

‘‘(i) STATE PERFORMANCE TARGETS.—If the Secretary determines 

that a State has not met or made significant progress toward 

meeting the performance targets of the State established under 

section 150(d) by the date that is 2 years after the date of the 

establishment of the performance targets, the State shall— 

‘‘(1) use obligation authority equal to the apportionment 

of the State for the prior year under section 104(b)(3) only 

for highway safety improvement projects under this section 

until the Secretary determines that the State has met or made 

significant progress toward meeting the performance targets 

of the State; and 

‘‘(2) submit annually to the Secretary, until the Secretary 

determines that the State has met or made significant progress 

toward meeting the performance targets of the State, an 

implementation plan that— 

‘‘(A) identifies roadway features that constitute a 

hazard to road users; 

‘‘(B) identifies highway safety improvement projects 

on the basis of crash experience, crash potential, or other 

data-supported means; 

‘‘(C) describes how highway safety improvement program funds will be allocated, including projects, activities, 

and strategies to be implemented; 

Implementation 

plan. 

Determination. 

Deadline. 

Public 

information. 

Web posting. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 459 

‘‘(D) describes how the proposed projects, activities, 

and strategies funded under the State highway safety 

improvement program will allow the State to make progress 

toward achieving the safety performance targets of the 

State; and 

‘‘(E) describes the actions the State will undertake 

to meet the performance targets of the State. 

‘‘(j) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVEMENT

PROJECTS.—Except as provided in sections 120 and 130, the Federal 

share of the cost of a highway safety improvement project carried 

out with funds apportioned to a State under section 104(b)(3) shall 

be 90 percent.’’. 

(b) STUDY OF HIGH-RISK RURAL ROADS BEST PRACTICES.— (1) STUDY.— (A) IN GENERAL.—The Secretary shall conduct a study 

of the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural 

roads. 

(B) METHODOLOGY.—In carrying out the study, the 

Secretary shall— 

(i) conduct a thorough literature review; 

(ii) survey current practices of State departments 

of transportation; and 

(iii) survey current practices of local units of 

government, as appropriate. 

(C) CONSULTATION.—In carrying out the study, the 

Secretary shall consult with— 

(i) State departments of transportation; 

(ii) county engineers and public works professionals; 

(iii) appropriate local officials; and 

(iv) appropriate private sector experts in the field 

of roadway safety infrastructure. 

(2) REPORT.— 

(A) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall submit to 

the Committee on Environment and Public Works of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the 

results of the study. 

(B) CONTENTS.—The report shall include— 

(i) a summary of cost-effective roadway safety 

infrastructure improvements; 

(ii) a summary of the latest research on the financial savings and reduction in fatalities and serious 

bodily injury crashes from the implementation of costeffective roadway safety infrastructure improvements; 

and 

(iii) recommendations for State and local governments on best practice methods to install cost-effective 

roadway safety infrastructure on high-risk rural roads. 

(3) MANUAL.— 

(A) DEVELOPMENT.—Based on the results of the study 

under paragraph (2), the Secretary, in consultation with 

the individuals and entities described in paragraph (1)(C), 

shall develop a best practices manual to support Federal, 

State, and local efforts to reduce fatalities and serious 

23 USC 148 note. 


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126 STAT. 460 PUBLIC LAW 112–141—JULY 6, 2012 

bodily injury crashes on high-risk rural roads through the 

use of cost-effective roadway safety infrastructure improvements. 

(B) AVAILABILITY.—The manual shall be made available to State and local governments not later than 180 

days after the date of submission of the report under paragraph (2). 

(C) CONTENTS.—The manual shall include, at a minimum, a list of cost-effective roadway safety infrastructure 

improvements and best practices on the installation of costeffective roadway safety infrastructure improvements on 

high-risk rural roads. 

(D) USE OF MANUAL.—Use of the manual shall be voluntary and the manual shall not establish any binding 

standards or legal duties on State or local governments, 

or any other person. 

SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 

PROGRAM. 

(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, United 

States Code, is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘in subsection (c)’’ and inserting ‘‘in 

subsection (d)’’; and 

(B) by striking ‘‘section 104(b)(2)’’ and inserting ‘‘section 

104(b)(4)’’; 

(2) in paragraph (5)— 

(A) by inserting ‘‘add turning lanes,’’ after ‘‘improve 

intersections,’’; and 

(B) by striking ‘‘paragraph;’’ and inserting ‘‘paragraph, 

including programs or projects to improve incident and 

emergency response or improve mobility, such as through 

real-time traffic, transit, and multimodal traveler information;’’; 

(3) in paragraph (6) by striking ‘‘or’’ at the end; 

(4) in paragraph (7)(A)(ii) by striking ‘‘published in the 

list under subsection (f)(2)’’ and inserting ‘‘verified technologies 

(as defined in section 791 of the Energy Policy Act of 2005 

(42 U.S.C. 16131))’’; 

(5) by striking the matter following paragraph (7); 

(6) by redesignating paragraph (7) as paragraph (8); and 

(7) by inserting after paragraph (6) the following: 

‘‘(7) if the project or program shifts traffic demand to 

nonpeak hours or other transportation modes, increases vehicle 

occupancy rates, or otherwise reduces demand for roads through 

such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or’’. 

(b) SPECIAL RULES.—Section 149 of title 23, United States 

Code, is amended— 

(1) by redesignating subsections (c) through (h) as subsections (d) through (i) respectively; 

(2) by inserting after subsection (b) the following: 

‘‘(c) SPECIAL RULES.— 

‘‘(1) PROJECTS FOR PM–10 NONATTAINMENT AREAS.—A State 

may obligate funds apportioned to the State under section 

104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM– 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 461 

10 resulting from transportation activities, without regard to 

any limitation of the Department of Transportation relating 

to the type of ambient air quality standard such project or 

program addresses. 

‘‘(2) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE INFRASTRUCTURE.—A State may obligate funds apportioned under 

section 104(b)(4) for a project or program to establish electric 

vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled 

trucks or other motor vehicles at any location in the State 

except that such stations may not be established or supported 

where commercial establishments serving motor vehicle users 

are prohibited by section 111 of title 23, United States Code. 

‘‘(3) HOV FACILITIES.—No funds may be provided under 

this section for a project which will result in the construction 

of new capacity available to single occupant vehicles unless 

the project consists of a high occupancy vehicle facility available 

to single occupant vehicles only at other than peak travel 

times.’’; 

(3) by striking subsection (d) (as redesignated by paragraph 

(1)) and inserting the following: 

‘‘(d) STATES FLEXIBILITY.— 

‘‘(1) STATES WITHOUT A NONATTAINMENT AREA.—If a State 

does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), 

the State may use funds apportioned to the State under section 

104(b)(4) for any project in the State that— 

‘‘(A) would otherwise be eligible under subsection (b) 

as if the project were carried out in a nonattainment or 

maintenance area; or 

‘‘(B) is eligible under the surface transportation program under section 133. 

‘‘(2) STATES WITH A NONATTAINMENT AREA.— 

‘‘(A) IN GENERAL.—If a State has a nonattainment area 

or maintenance area and received funds in fiscal year 2009 

under section 104(b)(2)(D), as in effect on the day before 

the date of enactment of the MAP–21, above the amount 

of funds that the State would have received based on 

the nonattainment and maintenance area population of 

the State under subparagraphs (B) and (C) of section 

104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project 

that is eligible under the surface transportation program 

under section 133 an amount of funds apportioned to such 

State under section 104(b)(4) that is equal to the product 

obtained by multiplying— 

‘‘(i) the amount apportioned to such State under 

section 104(b)(4) (excluding the amount of funds 

reserved under paragraph (l)); by 

‘‘(ii) the ratio calculated under subparagraph (B). 

‘‘(B) RATIO.—For purposes of this paragraph, the ratio 

shall be calculated as the proportion that— 

‘‘(i) the amount for fiscal year 2009 such State 

was permitted by section 149(c)(2), as in effect on the 

day before the date of enactment of the MAP–21, to 

obligate in any area of the State for projects eligible 


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126 STAT. 462 PUBLIC LAW 112–141—JULY 6, 2012 

under section 133, as in effect on the day before the 

date of enactment of the MAP–21t; bears to 

‘‘(ii) the total apportionment to such State for fiscal 

year 2009 under section 104(b)(2), as in effect on the 

day before the date of enactment of the MAP–21. 

‘‘(3) CHANGES IN DESIGNATION.—If a new nonattainment 

area is designated or a previously designated nonattainment 

area is redesignated as an attainment area in a State under 

the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall 

modify the amount such State is permitted to obligate in any 

area of the State for projects eligible under section 133.’’; 

(4) in subsection (f)(3) (as redesignated by paragraph (1)) 

by striking ‘‘104(b)(2)’’ and inserting ‘‘104(b)(4)’’; 

(5) in subsection (g) (as redesignated by paragraph (1)) 

by striking paragraph (3) and inserting the following: 

‘‘(3) PRIORITY CONSIDERATION.—States and metropolitan 

planning organizations shall give priority in areas designated 

as nonattainment or maintenance for PM2.5 under the Clean 

Air Act (42 U.S.C. 7401 et seq.) in distributing funds received 

for congestion mitigation and air quality projects and programs 

from apportionments under section 104(b)(4) to projects that 

are proven to reduce PM2.5, including diesel retrofits.’’; 

(6) by striking subsection (i) (as redesignated by paragraph 

(1)) and inserting the following: 

‘‘(i) EVALUATION AND ASSESSMENT OF PROJECTS.— 

‘‘(1) DATABASE.— 

‘‘(A) IN GENERAL.—Using appropriate assessments of 

projects funded under the congestion mitigation and air 

quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project 

name, location, sponsor, cost, and, to the extent already 

measured by the project sponsor, cost-effectiveness, based 

on reductions in congestion and emissions. 

‘‘(B) AVAILABILITY.—The database shall be published 

or otherwise made readily available by the Secretary in 

electronically accessible format and means, such as the 

Internet, for public review. 

‘‘(2) COST EFFECTIVENESS.— 

‘‘(A) IN GENERAL.—The Secretary, in consultation with 

the Administrator of the Environmental Protection Agency, 

shall evaluate projects on a periodic basis and develop 

a table or other similar medium that illustrates the costeffectiveness of a range of project types eligible for funding 

under this section as to how the projects mitigate congestion and improve air quality. 

‘‘(B) CONTENTS.—The table described in subparagraph 

(A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on 

the planning timeframes outlined in section 134. 

‘‘(C) USE OF TABLE.—States and metropolitan planning 

organizations shall consider the information in the table 

when selecting projects or developing performance plans 

under subsection (l). 

‘‘(j) OPTIONAL PROGRAMMATIC ELIGIBILITY.— 

Evaluation. 

Publication. 

Public 

information. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 463 

‘‘(1) IN GENERAL.—At the discretion of a metropolitan planning organization, a technical assessment of a selected program 

of projects may be conducted through modeling or other means 

to demonstrate the emissions reduction projection required 

under this section. 

‘‘(2) APPLICABILITY.—If an assessment described in paragraph (1) successfully demonstrates an emissions reduction, 

all projects included in such assessment shall be eligible for 

obligation under this section without further demonstration 

of emissions reduction of individual projects included in such 

assessment. 

‘‘(k) PRIORITY FOR USE OF FUNDS IN PM2.5 AREAS.— ‘‘(1) IN GENERAL.—For any State that has a nonattainment 

or maintenance area for fine particulate matter, an amount 

equal to 25 percent of the funds apportioned to each State 

under section 104(b)(4) for a nonattainment or maintenance 

area that are based all or in part on the weighted population 

of such area in fine particulate matter nonattainment shall 

be obligated to projects that reduce such fine particulate matter 

emissions in such area, including diesel retrofits. 

‘‘(2) CONSTRUCTION EQUIPMENT AND VEHICLES.—In order 

to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install 

diesel emission control technology on nonroad diesel equipment 

or on-road diesel equipment that is operated on a highway 

construction project within a PM2.5 nonattainment or maintenance area. 

‘‘(l) PERFORMANCE PLAN.— 

‘‘(1) IN GENERAL.—Each metropolitan planning organization 

serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing 

a nonattainment or maintenance area shall develop a performance plan that— 

‘‘(A) includes an area baseline level for traffic congestion and on-road mobile source emissions for which the 

area is in nonattainment or maintenance; 

‘‘(B) describes progress made in achieving the performance targets described in section 150(d); and 

‘‘(C) includes a description of projects identified for 

funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets. 

‘‘(2) UPDATED PLANS.—Performance plans shall be updated 

biennially and include a separate report that assesses the 

progress of the program of projects under the previous plan 

in achieving the air quality and traffic congestion targets of 

the previous plan. 

‘‘(m) OPERATING ASSISTANCE.—A State may obligate funds 

apportioned under section 104(b)(2) in an area of such State that 

is otherwise eligible for obligations of such funds for operating 

costs under chapter 53 of title 49 or on a system that was previously 

eligible under this section.’’. 

(c) AIR QUALITY AND CONGESTION MITIGATION MEASURE OUTCOMES ASSESSMENT STUDY.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

Administrator of the Environmental Protection Agency, shall 

examine the outcomes of actions funded under the congestion 

Deadline. 

Reports. 


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126 STAT. 464 PUBLIC LAW 112–141—JULY 6, 2012 

mitigation and air quality improvement program since the date 

of enactment of the SAFETEA–LU (Public Law 109–59). 

(2) GOALS.—The goals of the program shall include— 

(A) the assessment and documentation, through outcomes research conducted on a representative sample of 

cases, of— 

(i) the emission reductions achieved by federally 

supported surface transportation actions intended to 

reduce emissions or lessen traffic congestion; and 

(ii) the air quality and human health impacts of 

those actions, including potential unrecognized or 

indirect consequences, attributable to those actions; 

(B) an expanded base of empirical evidence on the 

air quality and human health impacts of actions described 

in paragraph (1); and 

(C) an increase in knowledge of— 

(i) the factors determining the air quality and 

human health changes associated with transportation 

emission reduction actions; and 

(ii) other information to more accurately understand the validity of current estimation and modeling 

routines and ways to improve those routines. 

(3) ADMINISTRATIVE ELEMENTS.—To carry out this subsection, the Secretary shall— 

(A) make a grant for the coordination, selection, 

management, and reporting of component studies to an 

independent scientific research organization with the necessary experience in successfully conducting accountability 

and other studies on mobile source air pollutants and associated health effects; 

(B) ensure that case studies are identified and conducted by teams selected through a competitive solicitation 

overseen by an independent committee of unbiased experts; 

and 

(C) ensure that all findings and reports are peerreviewed and published in a form that presents the findings 

together with reviewer comments. 

(4) REPORT.—The Secretary shall submit to the Committee 

on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives— 

(A) not later than 1 year after the date of enactment 

of the MAP–21, and for the following year, a report providing an initial scoping and plan, and status updates, 

respectively, for the program under this subsection; and 

(B) not later than 2 years after the date of enactment 

of the MAP–21, a final report that describes the findings 

of, and recommendations resulting from, the program under 

this subsection. 

(5) FUNDING.—Of the amounts made available to carry 

out section 104(a) for fiscal year 2013, the Secretary shall 

make available to carry out this subsection not more than 

$1,000,000. 

SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. 

(a) IN GENERAL.—Section 165 of title 23, United States Code, 

is amended to read as follows: 

Grants. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 465 

‘‘§ 165. Territorial and Puerto Rico highway program 

‘‘(a) DIVISION OF FUNDS.—Of funds made available in a fiscal 

year for the territorial and Puerto Rico highway program— ‘‘(1) $150,000,000 shall be for the Puerto Rico highway 

program under subsection (b); and ‘‘(2) $40,000,000 shall be for the territorial highway program under subsection (c). 

‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall allocate funds made 

available to carry out this subsection to the Commonwealth 

of Puerto Rico to carry out a highway program in the Commonwealth. 

‘‘(2) TREATMENT OF FUNDS.—Amounts made available to 

carry out this subsection for a fiscal year shall be administered 

as follows: 

‘‘(A) APPORTIONMENT.— ‘‘(i) IN GENERAL.—For the purpose of imposing any 

penalty under this title or title 49, the amounts shall 

be treated as being apportioned to Puerto Rico under 

sections 104(b) and 144 (as in effect for fiscal year 

1997) for each program funded under those sections 

in an amount determined by multiplying— 

‘‘(I) the aggregate of the amounts for the fiscal 

year; by 

‘‘(II) the proportion that— 

‘‘(aa) the amount of funds apportioned to 

Puerto Rico for each such program for fiscal 

year 1997; bears to 

‘‘(bb) the total amount of funds apportioned to Puerto Rico for all such programs 

for fiscal year 1997. 

‘‘(ii) EXCEPTION.—Funds identified under clause (i) 

as having been apportioned for the national highway 

system, the surface transportation program, and the 

Interstate maintenance program shall be deemed to 

have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing 

such penalties. 

‘‘(B) PENALTY.—The amounts treated as being apportioned to Puerto Rico under each section referred to in 

subparagraph (A) shall be deemed to be required to be 

apportioned to Puerto Rico under that section for purposes 

of the imposition of any penalty under this title or title 

49. 

‘‘(C) ELIGIBLE USES OF FUNDS.—Of amounts allocated 

to Puerto Rico for the Puerto Rico Highway Program for 

a fiscal year— 

‘‘(i) at least 50 percent shall be available only 

for purposes eligible under section 119; 

‘‘(ii) at least 25 percent shall be available only 

for purposes eligible under section 148; and 

‘‘(iii) any remaining funds may be obligated for 

activities eligible under chapter 1. 

‘‘(3) EFFECT ON APPORTIONMENTS.—Except as otherwise 

specifically provided, Puerto Rico shall not be eligible to receive 

funds apportioned to States under this title. 


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126 STAT. 466 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— ‘‘(1) TERRITORY DEFINED.—In this subsection, the term 

‘territory’ means any of the following territories of the United 

States: 

‘‘(A) American Samoa. 

‘‘(B) The Commonwealth of the Northern Mariana 

Islands. 

‘‘(C) Guam. 

‘‘(D) The United States Virgin Islands. 

‘‘(2) PROGRAM.— ‘‘(A) IN GENERAL.—Recognizing the mutual benefits 

that will accrue to the territories and the United States 

from the improvement of highways in the territories, the 

Secretary may carry out a program to assist each government of a territory in the construction and improvement 

of a system of arterial and collector highways, and necessary inter-island connectors, that is— 

‘‘(i) designated by the Governor or chief executive 

officer of each territory; and 

‘‘(ii) approved by the Secretary. 

‘‘(B) FEDERAL SHARE.—The Federal share of Federal 

financial assistance provided to territories under this subsection shall be in accordance with section 120(g). 

‘‘(3) TECHNICAL ASSISTANCE.— 

‘‘(A) IN GENERAL.—To continue a long-range highway 

development program, the Secretary may provide technical 

assistance to the governments of the territories to enable 

the territories, on a continuing basis— 

‘‘(i) to engage in highway planning; 

‘‘(ii) to conduct environmental evaluations; 

‘‘(iii) to administer right-of-way acquisition and 

relocation assistance programs; and 

‘‘(iv) to design, construct, operate, and maintain 

a system of arterial and collector highways, including 

necessary inter-island connectors. 

‘‘(B) FORM AND TERMS OF ASSISTANCE.—Technical 

assistance provided under subparagraph (A), and the terms 

for the sharing of information among territories receiving 

the technical assistance, shall be included in the agreement 

required by paragraph (5). 

‘‘(4) NONAPPLICABILITY OF CERTAIN PROVISIONS.— 

‘‘(A) IN GENERAL.—Except to the extent that provisions 

of this chapter are determined by the Secretary to be 

inconsistent with the needs of the territories and the intent 

of this subsection, this chapter (other than provisions of 

this chapter relating to the apportionment and allocation 

of funds) shall apply to funds made available under this 

subsection. 

‘‘(B) APPLICABLE PROVISIONS.—The agreement required 

by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory 

and the extent of the applicability of those sections. 

‘‘(5) AGREEMENT.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(D), none of the funds made available under this subsection 

shall be available for obligation or expenditure with respect 

to any territory until the chief executive officer of the 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 467 

territory has entered into an agreement (including an 

agreement entered into under section 215 as in effect on 

the day before the enactment of this section) with the 

Secretary providing that the government of the territory 

shall— 

‘‘(i) implement the program in accordance with 

applicable provisions of this chapter and paragraph 

(4); 

‘‘(ii) design and construct a system of arterial and 

collector highways, including necessary inter-island 

connectors, in accordance with standards that are— 

‘‘(I) appropriate for each territory; and 

‘‘(II) approved by the Secretary; 

‘‘(iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future 

traffic; and 

‘‘(iv) implement standards for traffic operations 

and uniform traffic control devices that are approved 

by the Secretary. 

‘‘(B) TECHNICAL ASSISTANCE.—The agreement required 

by subparagraph (A) shall— 

‘‘(i) specify the kind of technical assistance to be 

provided under the program; 

‘‘(ii) include appropriate provisions regarding 

information sharing among the territories; and 

‘‘(iii) delineate the oversight role and responsibilities of the territories and the Secretary. 

‘‘(C) REVIEW AND REVISION OF AGREEMENT.—The agreement entered into under subparagraph (A) shall be 

reevaluated and, as necessary, revised, at least every 2 

years. 

‘‘(D) EXISTING AGREEMENTS.—With respect to an agreement under this subsection or an agreement entered into 

under section 215 of this title as in effect on the day 

before the date of enactment of this subsection— 

‘‘(i) the agreement shall continue in force until 

replaced by an agreement entered into in accordance 

with subparagraph (A); and 

‘‘(ii) amounts made available under this subsection 

under the existing agreement shall be available for 

obligation or expenditure so long as the agreement, 

or the existing agreement entered into under subparagraph (A), is in effect. 

‘‘(6) ELIGIBLE USES OF FUNDS.— 

‘‘(A) IN GENERAL.—Funds made available under this 

subsection may be used only for the following projects 

and activities carried out in a territory: 

‘‘(i) Eligible surface transportation program 

projects described in section 133(b). 

‘‘(ii) Cost-effective, preventive maintenance consistent with section 116(e). 

‘‘(iii) Ferry boats, terminal facilities, and 

approaches, in accordance with subsections (b) and 

(c) of section 129. 

Deadline. 


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126 STAT. 468 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(iv) Engineering and economic surveys and investigations for the planning, and the financing, of future 

highway programs. 

‘‘(v) Studies of the economy, safety, and convenience of highway use. 

‘‘(vi) The regulation and equitable taxation of highway use. 

‘‘(vii) Such research and development as are necessary in connection with the planning, design, and 

maintenance of the highway system. 

‘‘(B) PROHIBITION ON USE OF FUNDS FOR ROUTINE

MAINTENANCE.—None of the funds made available under 

this subsection shall be obligated or expended for routine 

maintenance. 

‘‘(7) LOCATION OF PROJECTS.—Territorial highway program 

projects (other than those described in paragraphs (2), (4), 

(7), (8), (14), and (19) of section 133(b)) may not be undertaken 

on roads functionally classified as local.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) TECHNICAL AND CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended 

by striking the item relating to section 165 and inserting the 

following: 

‘‘165. Territorial and Puerto Rico highway program.’’. 

(2) TERRITORIAL HIGHWAY PROGRAM.— 

(A) REPEAL.—Section 215 of title 23, United States 

Code, is repealed. 

(B) TECHNICAL AND CONFORMING AMENDMENT.—The 

analysis for chapter 2 of title 23, United States Code, 

is amended by striking the item relating to section 215. 

(C) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 2009.—Section 3512(e) of the 

Duncan Hunter National Defense Authorization Act for 

Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by 

striking ‘‘section 215’’ and inserting ‘‘section 165’’. 

SEC. 1115. NATIONAL FREIGHT POLICY. 

(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 

is amended by adding at the end the following: 

‘‘§ 167. National freight policy 

‘‘(a) IN GENERAL.—It is the policy of the United States to 

improve the condition and performance of the national freight network to ensure that the national freight network provides the 

foundation for the United States to compete in the global economy 

and achieve each goal described in subsection (b). 

‘‘(b) GOALS.—The goals of the national freight policy are— 

‘‘(1) to invest in infrastructure improvements and to implement operational improvements that— 

‘‘(A) strengthen the contribution of the national freight 

network to the economic competitiveness of the United 

States; 

‘‘(B) reduce congestion; and 

‘‘(C) increase productivity, particularly for domestic 

industries and businesses that create high-value jobs; 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 469 

‘‘(2) to improve the safety, security, and resilience of freight 

transportation; 

‘‘(3) to improve the state of good repair of the national 

freight network; 

‘‘(4) to use advanced technology to improve the safety and 

efficiency of the national freight network; 

‘‘(5) to incorporate concepts of performance, innovation, 

competition, and accountability into the operation and maintenance of the national freight network; and 

‘‘(6) to improve the economic efficiency of the national 

freight network. 

‘‘(7) to reduce the environmental impacts of freight movement on the national freight network; 

‘‘(c) ESTABLISHMENT OF A NATIONAL FREIGHT NETWORK.— ‘‘(1) IN GENERAL.—The Secretary shall establish a national 

freight network in accordance with this section to assist States 

in strategically directing resources toward improved system 

performance for efficient movement of freight on highways, 

including national highway system, freight intermodal connectors and aerotropolis transportation systems. 

‘‘(2) NETWORK COMPONENTS.—The national freight network 

shall consist of— 

‘‘(A) the primary freight network, as designated by 

the Secretary under subsection (d) (referred to in this section as the ‘primary freight network’) as most critical to 

the movement of freight; 

‘‘(B) the portions of the Interstate System not designated as part of the primary freight network; and 

‘‘(C) critical rural freight corridors established under 

subsection (e). 

‘‘(d) DESIGNATION OF PRIMARY FREIGHT NETWORK.— 

‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT NETWORK.— 

‘‘(A) DESIGNATION.—Not later than 1 year after the 

date of enactment of this section, the Secretary shall designate a primary freight network— 

‘‘(i) based on an inventory of national freight 

volume conducted by the Administrator of the Federal 

Highway Administration, in consultation with stakeholders, including system users, transport providers, 

and States; and 

‘‘(ii) that shall be comprised of not more than 

27,000 centerline miles of existing roadways that are 

most critical to the movement of freight. 

‘‘(B) FACTORS FOR DESIGNATION.—In designating the 

primary freight network, the Secretary shall consider— 

‘‘(i) the origins and destinations of freight movement in the United States; 

‘‘(ii) the total freight tonnage and value of freight 

moved by highways; 

‘‘(iii) the percentage of annual average daily truck 

traffic in the annual average daily traffic on principal 

arterials; 

‘‘(iv) the annual average daily truck traffic on principal arterials; 

‘‘(v) land and maritime ports of entry; 

‘‘(vi) access to energy exploration, development, 

installation, or production areas; 

Deadline. 


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‘‘(vii) population centers; and 

‘‘(viii) network connectivity. 

‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT NETWORK.— 

In addition to the miles initially designated under paragraph 

(1), the Secretary may increase the number of miles designated 

as part of the primary freight network by not more than 3,000 

additional centerline miles of roadways (which may include 

existing or planned roads) critical to future efficient movement 

of goods on the primary freight network. 

‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NETWORK.—Effective beginning 10 years after the designation of the primary 

freight network and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall 

redesignate the primary freight network (including additional 

mileage described in paragraph (2)). 

‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A State may designate a road within the borders of the State as a critical rural 

freight corridor if the road— 

‘‘(1) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of 

the road measured in passenger vehicle equivalent units from 

trucks (FHWA vehicle class 8 to 13); 

‘‘(2) provides access to energy exploration, development, 

installation, or production areas; 

‘‘(3) connects the primary freight network, a roadway 

described in paragraph (1) or (2), or Interstate System to facilities that handle more than— 

‘‘(A) 50,000 20-foot equivalent units per year; or 

‘‘(B) 500,000 tons per year of bulk commodities. 

‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.— 

‘‘(1) INITIAL DEVELOPMENT OF NATIONAL FREIGHT STRATEGIC

PLAN.—Not later than 3 years after the date of enactment 

of this section, the Secretary shall, in consultation with State 

departments of transportation and other appropriate public 

and private transportation stakeholders, develop and post on 

the Department of Transportation public website a national 

freight strategic plan that shall include— 

‘‘(A) an assessment of the condition and performance 

of the national freight network; 

‘‘(B) an identification of highway bottlenecks on the 

national freight network that create significant freight 

congestion problems, based on a quantitative methodology 

developed by the Secretary, which shall, at a minimum, 

include— 

‘‘(i) information from the Freight Analysis Network 

of the Federal Highway Administration; and 

‘‘(ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and 

any operational improvements that could be implemented; 

‘‘(C) forecasts of freight volumes for the 20-year period 

beginning in the year during which the plan is issued; 

‘‘(D) an identification of major trade gateways and 

national freight corridors that connect major population 

centers, trade gateways, and other major freight generators 

for current and forecasted traffic and freight volumes, the 

Deadline. 

Effective date. 

Deadline. 


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identification of which shall be revised, as appropriate, 

in subsequent plans; 

‘‘(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to 

improved freight transportation performance (including 

opportunities for overcoming the barriers); 

‘‘(F) an identification of routes providing access to 

energy exploration, development, installation, or production 

areas; 

‘‘(G) best practices for improving the performance of 

the national freight network; 

‘‘(H) best practices to mitigate the impacts of freight 

movement on communities; 

‘‘(I) a process for addressing multistate projects and 

encouraging jurisdictions to collaborate; and 

‘‘(J) strategies to improve freight intermodal 

connectivity. 

‘‘(2) UPDATES TO NATIONAL FREIGHT STRATEGIC PLAN.—Not 

later than 5 years after the date of completion of the first 

national freight strategic plan under paragraph (1), and every 

5 years thereafter, the Secretary shall update and repost on 

the Department of Transportation public website a revised 

national freight strategic plan. 

‘‘(g) FREIGHT TRANSPORTATION CONDITIONS AND PERFORMANCE

REPORTS.—Not later than 2 years after the date of enactment 

of this section, and biennially thereafter, the Secretary shall prepare 

a report that contains a description of the conditions and performance of the national freight network in the United States. 

‘‘(h) TRANSPORTATION INVESTMENT DATA AND PLANNING

TOOLS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this section, the Secretary shall— 

‘‘(A) begin development of new tools and improvement 

of existing tools or improve existing tools to support an 

outcome-oriented, performance-based approach to evaluate 

proposed freight-related and other transportation projects, 

including— 

‘‘(i) methodologies for systematic analysis of benefits and costs; 

‘‘(ii) tools for ensuring that the evaluation of 

freight-related and other transportation projects could 

consider safety, economic competitiveness, environmental sustainability, and system condition in the 

project selection process; and 

‘‘(iii) other elements to assist in effective transportation planning; 

‘‘(B) identify transportation-related model data elements to support a broad range of evaluation methods 

and techniques to assist in making transportation investment decisions; and 

‘‘(C) at a minimum, in consultation with other relevant 

Federal agencies, consider any improvements to existing 

freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve 

forecasts of freight transportation demand. 

Deadline. 

Web posting. 


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‘‘(2) CONSULTATION.—The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and 

implement the tools and collect the data in paragraph (1). 

‘‘(i) DEFINITION OF AEROTROPOLIS TRANSPORTATION SYSTEM.— In this section, the term ‘aerotropolis transportation system’ means 

a planned and coordinated multimodal freight and passenger 

transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal 

connectivity to a defined region of economic significance centered 

around a major airport.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 

title 23, United States Code, is amended by adding at the end 

the following: 

‘‘167. National freight program.’’. 

SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT 

MOVEMENT. 

(a) IN GENERAL.—Notwithstanding section 120 of title 23, 

United States Code, the Secretary may increase the Federal share 

payable for any project to 95 percent for projects on the Interstate 

System and 90 percent for any other project if the Secretary certifies 

that the project meets the requirements of this section. 

(b) INCREASED FUNDING.—To be eligible for the increased Federal funding share under this section, a project shall— 

(1) demonstrate the improvement made by the project to 

the efficient movement of freight, including making progress 

towards meeting performance targets for freight movement 

established under section 150(d) of title 23, United States Code; 

and 

(2) be identified in a State freight plan developed pursuant 

to section 1118. 

(c) ELIGIBLE PROJECTS.—Eligible projects to improve the movement of freight under this section may include, but are not limited 

to— 

(1) construction, reconstruction, rehabilitation, and operational improvements directly relating to improving freight 

movement; 

(2) intelligent transportation systems and other technology 

to improve the flow of freight; 

(3) efforts to reduce the environmental impacts of freight 

movement on the primary freight network; 

(4) railway-highway grade separation; 

(5) geometric improvements to interchanges and ramps. 

(6) truck-only lanes; 

(7) climbing and runaway truck lanes; 

(8) truck parking facilities eligible for funding under section 

1401; 

(9) real-time traffic, truck parking, roadway condition, and 

multimodal transportation information systems; 

(10) improvements to freight intermodal connectors; and 

(11) improvements to truck bottlenecks. 

SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES. 

(a) IN GENERAL.—The Secretary shall encourage each State 

to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders, 

including representatives of ports, shippers, carriers, freight-related 

23 USC 167 note. 

Certification. 

23 USC 167 note. 


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associations, the freight industry workforce, the transportation 

department of the State, and local governments. 

(b) ROLE OF COMMITTEE.—A freight advisory committee of a 

State described in subsection (a) shall— 

(1) advise the State on freight-related priorities, issues, 

projects, and funding needs; 

(2) serve as a forum for discussion for State transportation 

decisions affecting freight mobility; 

(3) communicate and coordinate regional priorities with 

other organizations; 

(4) promote the sharing of information between the private 

and public sectors on freight issues; and 

(5) participate in the development of the freight plan of 

the State described in section 1118. 

SEC. 1118. STATE FREIGHT PLANS. 

(a) IN GENERAL.—The Secretary shall encourage each State 

to develop a freight plan that provides a comprehensive plan for 

the immediate and long-range planning activities and investments 

of the State with respect to freight. 

(b) PLAN CONTENTS.—A freight plan described in subsection 

(a) shall include, at a minimum— 

(1) an identification of significant freight system trends, 

needs, and issues with respect to the State; 

(2) a description of the freight policies, strategies, and 

performance measures that will guide the freight-related 

transportation investment decisions of the State; 

(3) a description of how the plan will improve the ability 

of the State to meet the national freight goals established 

under section 167 of title 23, United States Code; 

(4) evidence of consideration of innovative technologies and 

operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement; 

(5) in the case of routes on which travel by heavy vehicles 

(including mining, agricultural, energy cargo or equipment, and 

timber vehicles) is projected to substantially deteriorate the 

condition of roadways, a description of improvements that may 

be required to reduce or impede the deterioration; and 

(6) an inventory of facilities with freight mobility issues, 

such as truck bottlenecks, within the State, and a description 

of the strategies the State is employing to address those freight 

mobility issues. 

(c) RELATIONSHIP TO LONG-RANGE PLAN.—A freight plan 

described in subsection (a) may be developed separate from or 

incorporated into the statewide strategic long-range transportation 

plan required by section 135 of title 23, United States Code. 

SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS. 

(a) IN GENERAL.—Chapter 2 of title 23, United States Code, 

is amended by striking sections 201 through 204 and inserting 

the following: 

‘‘§ 201. Federal lands and tribal transportation programs 

‘‘(a) PURPOSE.—Recognizing the need for all public Federal and 

tribal transportation facilities to be treated under uniform policies 

similar to the policies that apply to Federal-aid highways and 

Coordination. 

23 USC 167 note. 


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other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy 

for all public Federal and tribal transportation facilities that shall 

apply to Federal lands transportation facilities, tribal transportation 

facilities, and Federal lands access transportation facilities. 

‘‘(b) AVAILABILITY OF FUNDS.— 

‘‘(1) AVAILABILITY.—Funds authorized for the tribal 

transportation program, the Federal lands transportation program, and the Federal lands access program shall be available 

for contract upon apportionment, or on October 1 of the fiscal 

year for which the funds were authorized if no apportionment 

is required. 

‘‘(2) AMOUNT REMAINING.—Any amount remaining unexpended for a period of 3 years after the close of the fiscal 

year for which the funds were authorized shall lapse. 

‘‘(3) OBLIGATIONS.—The Secretary of the department 

responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into 

contracts under such authorizations, which shall be considered 

to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered 

to have been expended when obligated. 

‘‘(4) EXPENDITURE.— 

‘‘(A) IN GENERAL.—Any funds authorized for any fiscal 

year after the date of enactment of this section under 

the Federal lands transportation program, the Federal 

lands access program, and the tribal transportation program shall be considered to have been expended if a sum 

equal to the total of the sums authorized for the fiscal 

year and previous fiscal years have been obligated. 

‘‘(B) CREDITED FUNDS.—Any funds described in 

subparagraph (A) that are released by payment of final 

voucher or modification of project authorizations shall be— 

‘‘(i) credited to the balance of unobligated 

authorizations; and 

‘‘(ii) immediately available for expenditure. 

‘‘(5) APPLICABILITY.—This section shall not apply to funds 

authorized before the date of enactment of this paragraph. 

‘‘(6) CONTRACTUAL OBLIGATION.— 

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law (including regulations), the authorization by 

the Secretary, or the Secretary of the appropriate Federal 

land management agency if the agency is the contracting 

office, of engineering and related work for the development, 

design, and acquisition associated with a construction 

project, whether performed by contract or agreement 

authorized by law, or the approval by the Secretary of 

plans, specifications, and estimates for construction of a 

project, shall be considered to constitute a contractual 

obligation of the Federal Government to pay the total 

eligible cost of— 

‘‘(i) any project funded under this title; and 

‘‘(ii) any project funded pursuant to agreements 

authorized by this title or any other title. 

‘‘(B) EFFECT.—Nothing in this paragraph— 


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‘‘(i) affects the application of the Federal share 

associated with the project being undertaken under 

this section; or 

‘‘(ii) modifies the point of obligation associated with 

Federal salaries and expenses. 

‘‘(7) FEDERAL SHARE.— 

‘‘(A) TRIBAL AND FEDERAL LANDS TRANSPORTATION PROGRAM.—The Federal share of the cost of a project carried 

out under the Federal lands transportation program or 

the tribal transportation program shall be 100 percent. 

‘‘(B) FEDERAL LANDS ACCESS PROGRAM.—The Federal 

share of the cost of a project carried out under the Federal 

lands access program shall be determined in accordance 

with section 120. 

‘‘(c) TRANSPORTATION PLANNING.— 

‘‘(1) TRANSPORTATION PLANNING PROCEDURES.—In consultation with the Secretary of each appropriate Federal land 

management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal 

transportation facilities that are consistent with the planning 

processes required under sections 134 and 135. 

‘‘(2) APPROVAL OF TRANSPORTATION IMPROVEMENT PROGRAM.—The transportation improvement program developed as 

a part of the transportation planning process under this section 

shall be approved by the Secretary. 

‘‘(3) INCLUSION IN OTHER PLANS.—Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall 

be— 

‘‘(A) developed in cooperation with State and metropolitan planning organizations; and 

‘‘(B) included in appropriate tribal transportation program plans, Federal lands transportation program plans, 

Federal lands access program plans, State and metropolitan 

plans, and transportation improvement programs. 

‘‘(4) INCLUSION IN STATE PROGRAMS.—The approved tribal 

transportation program, Federal lands transportation program, 

and Federal lands access program transportation improvement 

programs shall be included in appropriate State and metropolitan planning organization plans and programs without further 

action on the transportation improvement program. 

‘‘(5) ASSET MANAGEMENT.—The Secretary and the Secretary 

of each appropriate Federal land management agency shall, 

to the extent appropriate, implement safety, bridge, pavement, 

and congestion management systems for facilities funded under 

the tribal transportation program and the Federal lands 

transportation program in support of asset management. 

‘‘(6) DATA COLLECTION.— 

‘‘(A) DATA COLLECTION.—The Secretaries of the appropriate Federal land management agencies shall collect and 

report data necessary to implement the Federal lands 

transportation program, the Federal lands access program, 

and the tribal transportation program in accordance with 

the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450 et seq.), including— 


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‘‘(i) inventory and condition information on Federal 

lands transportation facilities and tribal transportation 

facilities; and 

‘‘(ii) bridge inspection and inventory information 

on any Federal bridge open to the public. 

‘‘(B) STANDARDS.—The Secretary, in coordination with 

the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting 

data standards. 

‘‘(7) ADMINISTRATIVE EXPENSES.—To implement the activities described in this subsection, including direct support of 

transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent 

for each fiscal year of the funds authorized for programs under 

sections 203 and 204. 

‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out work under 

reimbursable agreements with any State, local, or tribal government 

under this title, the Secretary— 

‘‘(1) may, without regard to any other provision of law 

(including regulations), record obligations against accounts 

receivable from the entity; and 

‘‘(2) shall credit amounts received from the entity to the 

appropriate account, which shall occur not later than 90 days 

after the date of the original request by the Secretary for 

payment. 

‘‘(e) TRANSFERS.— 

‘‘(1) IN GENERAL.—To enable the efficient use of funds 

made available for the Federal lands transportation program 

and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with 

the concurrence of, as appropriate— 

‘‘(A) the Secretary; 

‘‘(B) the affected Secretaries of the respective Federal 

land management agencies; 

‘‘(C) State departments of transportation; and 

‘‘(D) local government agencies. 

‘‘(2) CREDIT.—The funds described in paragraph (1) shall 

be credited back to the loaning entity with funds that are 

currently available for obligation at the time of the credit. 

‘‘§ 202. Tribal transportation program 

‘‘(a) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Funds made available under the tribal 

transportation program shall be used by the Secretary of 

Transportation and the Secretary of the Interior to pay the 

costs of— 

‘‘(A)(i) transportation planning, research, maintenance, 

engineering, rehabilitation, restoration, construction, and 

reconstruction of tribal transportation facilities; 

‘‘(ii) adjacent vehicular parking areas; 

‘‘(iii) interpretive signage; 

‘‘(iv) acquisition of necessary scenic easements and 

scenic or historic sites; 

‘‘(v) provisions for pedestrians and bicycles; 

‘‘(vi) environmental mitigation in or adjacent to tribal 

land— 


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‘‘(I) to improve public safety and reduce vehiclecaused wildlife mortality while maintaining habitat 

connectivity; and 

‘‘(II) to mitigate the damage to wildlife, aquatic 

organism passage, habitat, and ecosystem connectivity, 

including the costs of constructing, maintaining, 

replacing, or removing culverts and bridges, as appropriate; 

‘‘(vii) construction and reconstruction of roadside rest 

areas, including sanitary and water facilities; and 

‘‘(viii) other appropriate public road facilities as determined by the Secretary; 

‘‘(B) operation and maintenance of transit programs 

and facilities that are located on, or provide access to, 

tribal land, or are administered by a tribal government; 

and 

‘‘(C) any transportation project eligible for assistance 

under this title that is located within, or that provides 

access to, tribal land, or is associated with a tribal government. 

‘‘(2) CONTRACT.—In connection with an activity described 

in paragraph (1), the Secretary and the Secretary of the Interior 

may enter into a contract or other appropriate agreement with 

respect to the activity with— 

‘‘(A) a State (including a political subdivision of a 

State); or 

‘‘(B) an Indian tribe. 

‘‘(3) INDIAN LABOR.—Indian labor may be employed, in 

accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1). 

‘‘(4) FEDERAL EMPLOYMENT.—No maximum limitation on 

Federal employment shall be applicable to the construction 

or improvement of tribal transportation facilities. 

‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVEMENT.—All 

funds made available for the construction and improvement 

of tribal transportation facilities shall be administered in conformity with regulations and agreements jointly approved by 

the Secretary and the Secretary of the Interior. 

‘‘(6) ADMINISTRATIVE EXPENSES.—Of the funds authorized 

to be appropriated for the tribal transportation program, not 

more than 6 percent may be used by the Secretary or the 

Secretary of the Interior for program management and oversight and project-related administrative expenses. 

‘‘(7) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The Secretary of the Interior may reserve amounts from administrative 

funds of the Bureau of Indian Affairs that are associated with 

the tribal transportation program to fund tribal technical assistance centers under section 504(b). 

‘‘(8) MAINTENANCE.— 

‘‘(A) USE OF FUNDS.—Notwithstanding any other provision of this title, of the amount of funds allocated to an 

Indian tribe from the tribal transportation program, for 

the purpose of maintenance (excluding road sealing, which 

shall not be subject to any limitation), the Secretary shall 

not use an amount more than the greater of— 

‘‘(i) an amount equal to 25 percent; or 


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‘‘(ii) $500,000. 

‘‘(B) RESPONSIBILITY OF BUREAU OF INDIAN AFFAIRS AND

SECRETARY OF THE INTERIOR.— 

‘‘(i) BUREAU OF INDIAN AFFAIRS.—The Bureau of 

Indian Affairs shall retain primary responsibility, 

including annual funding request responsibility, for 

Bureau of Indian Affairs road maintenance programs 

on Indian reservations. 

‘‘(ii) SECRETARY OF THE INTERIOR.—The Secretary 

of the Interior shall ensure that funding made available 

under this subsection for maintenance of tribal 

transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds 

by the Bureau of Indian Affairs for road maintenance 

programs on Indian reservations. 

‘‘(C) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.— 

‘‘(i) IN GENERAL.—An Indian tribe and a State 

may enter into a road maintenance agreement under 

which an Indian tribe shall assume the responsibility 

of the State for— 

‘‘(I) tribal transportation facilities; and 

‘‘(II) roads providing access to tribal transportation facilities. 

‘‘(ii) REQUIREMENTS.—Agreements entered into 

under clause (i) shall— 

‘‘(I) be negotiated between the State and the 

Indian tribe; and 

‘‘(II) not require the approval of the Secretary. 

‘‘(9) COOPERATION.— 

‘‘(A) IN GENERAL.—The cooperation of States, counties, 

or other local subdivisions may be accepted in construction 

and improvement. 

‘‘(B) FUNDS RECEIVED.—Any funds received from a 

State, county, or local subdivision shall be credited to 

appropriations available for the tribal transportation program. 

‘‘(10) COMPETITIVE BIDDING.— 

‘‘(A) CONSTRUCTION.— 

‘‘(i) IN GENERAL.—Subject to clause (ii) and 

subparagraph (B), construction of each project shall 

be performed by contract awarded by competitive bidding. 

‘‘(ii) EXCEPTION.—Clause (i) shall not apply if the 

Secretary or the Secretary of the Interior affirmatively 

finds that, under the circumstances relating to the 

project, a different method is in the public interest. 

‘‘(B) APPLICABILITY.—Notwithstanding subparagraph 

(A), section 23 of the Act of June 25, 1910 (25 U.S.C. 

47) and section 7(b) of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450e(b)) shall apply 

to all funds administered by the Secretary of the Interior 

that are appropriated for the construction and improvement 

of tribal transportation facilities. 

‘‘(b) FUNDS DISTRIBUTION.— 

‘‘(1) NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY.— 


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‘‘(A) IN GENERAL.—The Secretary of the Interior, in 

cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal 

transportation program. 

‘‘(B) TRANSPORTATION FACILITIES INCLUDED IN THE

INVENTORY.—For purposes of identifying the tribal 

transportation system and determining the relative 

transportation needs among Indian tribes, the Secretary 

shall include, at a minimum, transportation facilities that 

are eligible for assistance under the tribal transportation 

program that an Indian tribe has requested, including 

facilities that— 

‘‘(i) were included in the Bureau of Indian Affairs 

system inventory prior to October 1, 2004; 

‘‘(ii) are owned by an Indian tribal government; 

‘‘(iii) are owned by the Bureau of Indian Affairs; 

‘‘(iv) were constructed or reconstructed with funds 

from the Highway Trust Fund under the Indian reservation roads program since 1983; 

‘‘(v) are public roads or bridges within the exterior 

boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities 

(including communities in former Indian reservations 

in the State of Oklahoma) in which the majority of 

residents are American Indians or Alaska Natives; 

‘‘(vi) are public roads within or providing access 

to an Indian reservation or Indian trust land or 

restricted Indian land that is not subject to fee title 

alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or 

communities in which Indians and Alaska Natives 

reside, whom the Secretary of the Interior has determined are eligible for services generally available to 

Indians under Federal laws specifically applicable to 

Indians; or 

‘‘(vii) are primary access routes proposed by tribal 

governments, including roads between villages, roads 

to landfills, roads to drinking water sources, roads 

to natural resources identified for economic development, and roads that provide access to intermodal 

terminals, such as airports, harbors, or boat landings. 

‘‘(C) LIMITATION ON PRIMARY ACCESS ROUTES.—For purposes of this paragraph, a proposed primary access route 

is the shortest practicable route connecting 2 points of 

the proposed route. 

‘‘(D) ADDITIONAL FACILITIES.—Nothing in this paragraph precludes the Secretary from including additional 

transportation facilities that are eligible for funding under 

the tribal transportation program in the inventory used 

for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally. 

‘‘(E) BRIDGES.—All bridges in the inventory shall be 

recorded in the national bridge inventory administered by 

the Secretary under section 144. 


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‘‘(2) REGULATIONS.—Notwithstanding sections 563(a) and 

565(a) of title 5, the Secretary of the Interior shall maintain 

any regulations governing the tribal transportation program. 

‘‘(3) BASIS FOR FUNDING FORMULA.— 

‘‘(A) BASIS.— 

‘‘(i) IN GENERAL.—After making the set asides 

authorized under subparagraph (C) and subsections 

(c), (d), and (e) on October 1 of each fiscal year, the 

Secretary shall distribute the remainder authorized 

to be appropriated for the tribal transportation program under this section among Indian tribes as follows: 

‘‘(I) For fiscal year 2013— 

‘‘(aa) for each Indian tribe, 80 percent of 

the total relative need distribution factor and 

population adjustment factor for the fiscal year 

2011 funding amount made available to that 

Indian tribe; and 

‘‘(bb) the remainder using tribal shares 

as described in subparagraphs (B) and (C). 

‘‘(II) For fiscal year 2014— 

‘‘(aa) for each Indian tribe, 60 percent of 

the total relative need distribution factor and 

population adjustment factor for the fiscal year 

2011 funding amount made available to that 

Indian tribe; and 

‘‘(bb) the remainder using tribal shares 

as described in subparagraphs (B) and (C). 

‘‘(III) For fiscal year 2015— 

‘‘(aa) for each Indian tribe, 40 percent of 

the total relative need distribution factor and 

population adjustment factor for the fiscal year 

2011 funding amount made available to that 

Indian tribe; and 

‘‘(bb) the remainder using tribal shares 

as described in subparagraphs (B) and (C). 

‘‘(IV) For fiscal year 2016 and thereafter— 

‘‘(aa) for each Indian tribe, 20 percent of 

the total relative need distribution factor and 

population adjustment factor for the fiscal year 

2011 funding amount made available to that 

Indian tribe; and 

‘‘(bb) the remainder using tribal shares 

as described in subparagraphs (B) and (C). 

‘‘(ii) TRIBAL HIGH PRIORITY PROJECTS.—The High 

Priority Projects program as included in the Tribal 

Transportation Allocation Methodology of part 170 of 

title 25, Code of Federal Regulations (as in effect on 

the date of enactment of the MAP–21), shall not continue in effect. 

‘‘(B) TRIBAL SHARES.—Tribal shares under this program 

shall be determined using the national tribal transportation 

facility inventory as calculated for fiscal year 2012, and 

the most recent data on American Indian and Alaska 

Native population within each Indian tribe’s American 

Indian/Alaska Native Reservation or Statistical Area, as 

computed under the Native American Housing Assistance 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 481 

and Self-Determination Act of 1996 (25 U.S.C. 4101 et 

seq.), in the following manner: 

‘‘(i) 27 percent in the ratio that the total eligible 

road mileage in each tribe bears to the total eligible 

road mileage of all American Indians and Alaskan 

Natives. For the purposes of this calculation, eligible 

road mileage shall be computed based on the inventory 

described in paragraph (1), using only facilities 

included in the inventory described in clause (i), (ii), 

or (iii) of paragraph (1)(B). 

‘‘(ii) 39 percent in the ratio that the total population in each tribe bears to the total population of 

all American Indians and Alaskan Natives. 

‘‘(iii) 34 percent shall be divided equally among 

each Bureau of Indian Affairs region. Within each 

region, such share of funds shall be distributed to 

each Indian tribe in the ratio that the average total 

relative need distribution factors and population 

adjustment factors from fiscal years 2005 through 2011 

for a tribe bears to the average total of relative need 

distribution factors and population adjustment factors 

for fiscal years 2005 through 2011 in that region. 

‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 

‘‘(i) TRIBAL SUPPLEMENTAL FUNDING AMOUNT.—Of 

funds made available for each fiscal year for the tribal 

transportation program, the Secretary shall set aside 

the following amount for a tribal supplemental program: 

‘‘(I) If the amount made available for the tribal 

transportation program is less than or equal to 

$275,000,000, 30 percent of such amount. 

‘‘(II) If the amount made available for the 

tribal transportation program exceeds 

$275,000,000— 

‘‘(aa) $82,500,000; plus 

‘‘(bb) 12.5 percent of the amount made 

available for the tribal transportation program 

in excess of $275,000,000. 

‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCATION.—The Secretary shall distribute tribal supplemental funds as 

follows: 

‘‘(I) DISTRIBUTION AMONG REGIONS.—Of the 

amounts set aside under clause (i), the Secretary 

shall distribute to each region of the Bureau of 

Indian Affairs a share of tribal supplemental funds 

in proportion to the regional total of tribal shares 

based on the cumulative tribal shares of all Indian 

tribes within such region under subparagraph (B). 

‘‘(II) DISTRIBUTION WITHIN A REGION.—Of the 

amount that a region receives under subclause 

(I), the Secretary shall distribute tribal supplemental funding among Indian tribes within such 

region as follows: 

‘‘(aa) TRIBAL SUPPLEMENTAL AMOUNTS.— 

The Secretary shall determine— 

‘‘(AA) which such Indian tribes would 

be entitled under subparagraph (A) to 

Determination. 


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126 STAT. 482 PUBLIC LAW 112–141—JULY 6, 2012 

receive in a fiscal year less funding than 

they would receive in fiscal year 2011 

pursuant to the relative need distribution 

factor and population adjustment factor, 

as described in subpart C of part 170 of 

title 25, Code of Federal Regulations (as 

in effect on the date of enactment of the 

MAP–21); and 

‘‘(BB) the combined amount that such 

Indian tribes would be entitled to receive 

in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the 

amount that they would be entitled to 

receive in the fiscal year under subparagraph (B). 

‘‘(bb) COMBINED AMOUNT.—Subject to subclause (III), the Secretary shall distribute to 

each Indian tribe that meets the criteria 

described in item (aa)(AA) a share of funding 

under this subparagraph in proportion to the 

share of the combined amount determined 

under item (aa)(BB) attributable to such 

Indian tribe. 

‘‘(III) CEILING.—An Indian tribe may not 

receive under subclause (II) and based on its tribal 

share under subparagraph (A) a combined amount 

that exceeds the amount that such Indian tribe 

would be entitled to receive in fiscal year 2011 

pursuant to the relative need distribution factor 

and population adjustment factor, as described in 

subpart C of part 170 of title 25, Code of Federal 

Regulations (as in effect on the date of enactment 

of the MAP–21). 

‘‘(IV) OTHER AMOUNTS.—If the amount made 

available for a region under subclause (I) exceeds 

the amount distributed among Indian tribes within 

that region under subclause (II), the Secretary 

shall distribute the remainder of such region’s 

funding under such subclause among all Indian 

tribes in that region in proportion to the combined 

amount that each such Indian tribe received under 

subparagraph (A) and subclauses (I), (II), and 

(III).] 

‘‘(4) TRANSFERRED FUNDS.— 

‘‘(A) IN GENERAL.—Not later than 30 days after the 

date on which funds are made available to the Secretary 

of the Interior under this paragraph, the funds shall be 

distributed to, and made available for immediate use by, 

eligible Indian tribes, in accordance with the formula for 

distribution of funds under the tribal transportation program. 

‘‘(B) USE OF FUNDS.—Notwithstanding any other provision of this section, funds made available to Indian tribes 

for tribal transportation facilities shall be expended on 

projects identified in a transportation improvement program approved by the Secretary. 

Deadline. 


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‘‘(5) HEALTH AND SAFETY ASSURANCES.—Notwithstanding 

any other provision of law, an Indian tribal government may 

approve plans, specifications, and estimates and commence road 

and bridge construction with funds made available from the 

tribal transportation program through a contract or agreement 

under Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450 et seq.), if the Indian tribal government— 

‘‘(A) provides assurances in the contract or agreement 

that the construction will meet or exceed applicable health 

and safety standards; 

‘‘(B) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed 

the applicable health and safety standards; and 

‘‘(C) provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal 

Government Affairs, Department of Transportation, or the 

Assistant Secretary for Indian Affairs, Department of the 

Interior, as appropriate. 

‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.— 

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available 

through the Secretary of the Interior under this chapter 

and section 125(e) for tribal transportation facilities to 

pay for the costs of programs, services, functions, and 

activities, or portions of programs, services, functions, or 

activities, that are specifically or functionally related to 

the cost of planning, research, engineering, and construction of any tribal transportation facility shall be made 

available, upon request of the Indian tribal government, 

to the Indian tribal government for contracts and agreements for such planning, research, engineering, and 

construction in accordance with Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450 et seq.). 

‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—All funds, 

including contract support costs, for programs, functions, 

services, or activities, or portions of programs, services, 

functions, or activities, including supportive administrative 

functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at 

which the Department of the Interior has previously carried 

out such programs, functions, services, or activities. 

‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.— 

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available 

to an Indian tribal government under this chapter for 

a tribal transportation facility program or project shall 

be made available, on the request of the Indian tribal 

government, to the Indian tribal government for use in 

carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), 

contracts and agreements for the planning, research, 

design, engineering, construction, and maintenance relating 

to the program or project. 


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126 STAT. 484 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—In accordance with subparagraph (A), all funds, including contract 

support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which 

the Department of the Interior has previously carried out, 

or the Department of Transportation has previously carried 

out under the tribal transportation program, the programs, 

functions, services, or activities involved. 

‘‘(C) CONSORTIA.—Two or more Indian tribes that are 

otherwise eligible to participate in a program or project 

to which this chapter applies may form a consortium to 

be considered as a single Indian tribe for the purpose 

of participating in the project under this section. 

‘‘(D) SECRETARY AS SIGNATORY.—Notwithstanding any 

other provision of law, the Secretary is authorized to enter 

into a funding agreement with an Indian tribal government 

to carry out a tribal transportation facility program or 

project under subparagraph (A) that is located on an Indian 

reservation or provides access to the reservation or a 

community of the Indian tribe. 

‘‘(E) FUNDING.—The amount an Indian tribal government receives for a program or project under subparagraph 

(A) shall equal the sum of the funding that the Indian 

tribal government would otherwise receive for the program 

or project in accordance with the funding formula established under this subsection and such additional amounts 

as the Secretary determines equal the amounts that would 

have been withheld for the costs of the Bureau of Indian 

Affairs for administration of the program or project. 

‘‘(F) ELIGIBILITY.— 

‘‘(i) IN GENERAL.—Subject to clause (ii) and the 

approval of the Secretary, funds may be made available 

under subparagraph (A) to an Indian tribal government 

for a program or project in a fiscal year only if the 

Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial 

stability and financial management capability during 

the 3 fiscal years immediately preceding the fiscal 

year for which the request is being made. 

‘‘(ii) CONSIDERATIONS.—An Indian tribal government that had no uncorrected significant and material 

audit exceptions in the required annual audit of the 

contracts or self-governance funding agreements made 

by the Indian tribe with any Federal agency under 

the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) during the 3-fiscal 

year period referred in clause (i) shall be conclusive 

evidence of the financial stability and financial 

management capability of the Indian tribe for purposes 

of clause (i). 

‘‘(G) ASSUMPTION OF FUNCTIONS AND DUTIES.—An 

Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would 

have performed with respect to a program or project under 

this chapter, other than those functions and duties that 


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inherently cannot be legally transferred under the Indian 

Self-Determination and Education Assistance Act (25 

U.S.C. 450 et seq.). 

‘‘(H) POWERS.—An Indian tribal government receiving 

funding under subparagraph (A) for a program or project 

shall have all powers that the Secretary of the Interior 

would have exercised in administering the funds transferred to the Indian tribal government for such program 

or project under this section if the funds had not been 

transferred, except to the extent that such powers are 

powers that inherently cannot be legally transferred under 

the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450 et seq.). 

‘‘(I) DISPUTE RESOLUTION.—In the event of a disagreement between the Secretary or the Secretary of the Interior 

and an Indian tribe over whether a particular function, 

duty, or power may be lawfully transferred to the Indian 

tribe under the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe 

shall have the right to pursue all alternative dispute resolution and appeal procedures authorized by that Act, 

including regulations issued to carry out the Act. 

‘‘(J) TERMINATION OF CONTRACT OR AGREEMENT.—On 

the date of the termination of a contract or agreement 

under this section by an Indian tribal government, the 

Secretary shall transfer all funds that would have been 

allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with 

applicable law. 

‘‘(c) PLANNING.— 

‘‘(1) IN GENERAL.—For each fiscal year, not more than 

2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the 

Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450 et seq.). 

‘‘(2) REQUIREMENT.—An Indian tribal government, in 

cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning 

organization, shall carry out a transportation planning process 

in accordance with section 201(c). 

‘‘(3) SELECTION AND APPROVAL OF PROJECTS.—A project 

funded under this section shall be— 

‘‘(A) selected by the Indian tribal government from 

the transportation improvement program; and 

‘‘(B) subject to the approval of the Secretary of the 

Interior and the Secretary. 

‘‘(d) TRIBAL TRANSPORTATION FACILITY BRIDGES.— 

‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Secretary shall 

maintain a nationwide priority program for improving deficient 

bridges eligible for the tribal transportation program. 

‘‘(2) FUNDING.—Before making any distribution under subsection (b), the Secretary shall set aside not more than 2 

percent of the funds made available under the tribal transportation program for each fiscal year to be allocated— 


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126 STAT. 486 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(A) to carry out any planning, design, engineering, 

preconstruction, construction, and inspection of a project 

to replace, rehabilitate, seismically retrofit, paint, apply 

calcium magnesium acetate, sodium acetate/formate, or 

other environmentally acceptable, minimally corrosive antiicing and deicing composition; or 

‘‘(B) to implement any countermeasure for deficient 

tribal transportation facility bridges, including multiplepipe culverts. 

‘‘(3) ELIGIBLE BRIDGES.—To be eligible to receive funding 

under this subsection, a bridge described in paragraph (1) 

shall— 

‘‘(A) have an opening of not less than 20 feet; 

‘‘(B) be classified as a tribal transportation facility; 

and 

‘‘(C) be structurally deficient or functionally obsolete. 

‘‘(4) APPROVAL REQUIREMENT.—The Secretary may make 

funds available under this subsection for preliminary 

engineering, construction, and construction engineering activities after approval of required documentation and verification 

of eligibility in accordance with this title. 

‘‘(e) SAFETY.— 

‘‘(1) FUNDING.—Before making any distribution under subsection (b), the Secretary shall set aside not more than 2 

percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on 

an identification and analysis of highway safety issues and 

opportunities on tribal land, as determined by the Secretary, 

on application of the Indian tribal governments for eligible 

projects described in section 148(a)(4). 

‘‘(2) PROJECT SELECTION.—An Indian tribal government, 

in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning 

organization, shall select projects from the transportation 

improvement program, subject to the approval of the Secretary 

and the Secretary of the Interior. 

‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before approving as a 

project on a tribal transportation facility any project eligible for 

funds apportioned under section 104 in a State, the Secretary 

shall, for projects on tribal transportation facilities, determine that 

the obligation of funds for the project is supplementary to and 

not in lieu of the obligation of a fair and equitable share of funds 

apportioned to the State under section 104. 

‘‘§ 203. Federal lands transportation program 

‘‘(a) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Funds made available under the Federal 

lands transportation program shall be used by the Secretary 

of Transportation and the Secretary of the appropriate Federal 

land management agency to pay the costs of— 

‘‘(A) program administration, transportation planning, 

research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and— 

‘‘(i) adjacent vehicular parking areas; 

‘‘(ii) acquisition of necessary scenic easements and 

scenic or historic sites; 


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‘‘(iii) provision for pedestrians and bicycles; 

‘‘(iv) environmental mitigation in or adjacent to 

Federal land open to the public— 

‘‘(I) to improve public safety and reduce 

vehicle-caused wildlife mortality while maintaining 

habitat connectivity; and 

‘‘(II) to mitigate the damage to wildlife, aquatic 

organism passage, habitat, and ecosystem 

connectivity, including the costs of constructing, 

maintaining, replacing, or removing culverts and 

bridges, as appropriate; 

‘‘(v) construction and reconstruction of roadside 

rest areas, including sanitary and water facilities; 

‘‘(vi) congestion mitigation; and 

‘‘(vii) other appropriate public road facilities, as 

determined by the Secretary; 

‘‘(B) operation and maintenance of transit facilities; 

‘‘(C) any transportation project eligible for assistance 

under this title that is on a public road within or adjacent 

to, or that provides access to, Federal lands open to the 

public; and 

‘‘(D) not more $10,000,000 of the amounts made available per fiscal year to carry out this section for activities 

eligible under subparagraph (A)(iv). 

‘‘(2) CONTRACT.—In connection with an activity described 

in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity 

with— 

‘‘(A) a State (including a political subdivision of a 

State); or 

‘‘(B) an Indian tribe. 

‘‘(3) ADMINISTRATION.—All appropriations for the construction and improvement of Federal lands transportation facilities 

shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary 

of the appropriate Federal land managing agency. 

‘‘(4) COOPERATION.— 

‘‘(A) IN GENERAL.—The cooperation of States, counties, 

or other local subdivisions may be accepted in construction 

and improvement. 

‘‘(B) FUNDS RECEIVED.—Any funds received from a 

State, county, or local subdivision shall be credited to 

appropriations available for the class of Federal lands 

transportation facilities to which the funds were contributed. 

‘‘(5) COMPETITIVE BIDDING.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), 

construction of each project shall be performed by contract 

awarded by competitive bidding. 

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 

if the Secretary or the Secretary of the appropriate Federal 

land management agency affirmatively finds that, under 

the circumstances relating to the project, a different method 

is in the public interest. 

‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— 


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126 STAT. 488 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(1) IN GENERAL.—On October 1, 2011, and on October 

1 of each fiscal year thereafter, the Secretary shall allocate 

the sums authorized to be appropriated for the fiscal year 

for the Federal lands transportation program on the basis of 

applications of need, as determined by the Secretary— 

‘‘(A) in consultation with the Secretaries of the 

applicable Federal land management agencies; and 

‘‘(B) in coordination with the transportation plans 

required under section 201 of the respective transportation 

systems of— 

‘‘(i) the National Park Service; 

‘‘(ii) the Forest Service; 

‘‘(iii) the United States Fish and Wildlife Service; 

‘‘(iv) the Corps of Engineers; and 

‘‘(v) the Bureau of Land Management. 

‘‘(2) APPLICATIONS.— ‘‘(A) REQUIREMENTS.—Each application submitted by 

a Federal land management agency shall include proposed 

programs at various potential funding levels, as defined 

by the Secretary following collaborative discussions with 

applicable Federal land management agencies. 

‘‘(B) CONSIDERATION BY SECRETARY.—In evaluating an 

application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs 

support— 

‘‘(i) the transportation goals of— 

‘‘(I) a state of good repair of transportation 

facilities; 

‘‘(II) a reduction of bridge deficiencies, and 

‘‘(III) an improvement of safety; 

‘‘(ii) high-use Federal recreational sites or Federal 

economic generators; and 

‘‘(iii) the resource and asset management goals 

of the Secretary of the respective Federal land management agency. 

‘‘(C) PERMISSIVE CONTENTS.—Applications may include 

proposed programs the duration of which extend over a 

multiple-year period to support long-term transportation 

planning and resource management initiatives. 

‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION FACILITY

INVENTORY.— 

‘‘(1) IN GENERAL.—The Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of 

public Federal lands transportation facilities. 

‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN THE INVENTORIES.—To identify the Federal lands transportation system 

and determine the relative transportation needs among Federal 

land management agencies, the inventories shall include, at 

a minimum, facilities that— 

‘‘(A) provide access to high-use Federal recreation sites 

or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of 

the appropriate Federal land management agencies; and 

‘‘(B) are owned by 1 of the following agencies: 

‘‘(i) The National Park Service. 

‘‘(ii) The Forest Service. 

Effective date. 

Deadlines. 


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‘‘(iii) The United States Fish and Wildlife Service. 

‘‘(iv) The Bureau of Land Management. 

‘‘(v) The Corps of Engineers. 

‘‘(3) AVAILABILITY.—The inventories shall be made available 

to the Secretary. 

‘‘(4) UPDATES.—The Secretaries of the appropriate Federal 

land management agencies shall update the inventories of the 

appropriate Federal land management agencies, as determined 

by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies. 

‘‘(5) REVIEW.—A decision to add or remove a facility from 

the inventory shall not be considered a Federal action for 

purposes of review under the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(d) BICYCLE SAFETY.—The Secretary of the appropriate Federal 

land management agency shall prohibit the use of bicycles on each 

federally owned road that has a speed limit of 30 miles per hour 

or greater and an adjacent paved path for use by bicycles within 

100 yards of the road unless the Secretary determines that the 

bicycle level of service on that roadway is rated B or higher. 

‘‘§ 204. Federal lands access program 

‘‘(a) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Funds made available under the Federal 

lands access program shall be used by the Secretary of 

Transportation and the Secretary of the appropriate Federal 

land management agency to pay the cost of— 

‘‘(A) transportation planning, research, engineering, 

preventive maintenance, rehabilitation, restoration, 

construction, and reconstruction of Federal lands access 

transportation facilities located on or adjacent to, or that 

provide access to, Federal land, and— 

‘‘(i) adjacent vehicular parking areas; 

‘‘(ii) acquisition of necessary scenic easements and 

scenic or historic sites; 

‘‘(iii) provisions for pedestrians and bicycles; 

‘‘(iv) environmental mitigation in or adjacent to 

Federal land to improve public safety and reduce 

vehicle-caused wildlife mortality while maintaining 

habitat connectivity; 

‘‘(v) construction and reconstruction of roadside 

rest areas, including sanitary and water facilities; and 

‘‘(vi) other appropriate public road facilities, as 

determined by the Secretary; 

‘‘(B) operation and maintenance of transit facilities; 

and 

‘‘(C) any transportation project eligible for assistance 

under this title that is within or adjacent to, or that provides access to, Federal land. 

‘‘(2) CONTRACT.—In connection with an activity described 

in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity 

with— 

‘‘(A) a State (including a political subdivision of a 

State); or 

‘‘(B) an Indian tribe. 


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‘‘(3) ADMINISTRATION.—All appropriations for the construction and improvement of Federal lands access transportation 

facilities shall be administered in conformity with regulations 

and agreements approved by the Secretary. 

‘‘(4) COOPERATION.— 

‘‘(A) IN GENERAL.—The cooperation of States, counties, 

or other local subdivisions may be accepted in construction 

and improvement. 

‘‘(B) FUNDS RECEIVED.—Any funds received from a 

State, county, or local subdivision for a Federal lands access 

transportation facility project shall be credited to appropriations available under the Federal lands access program. 

‘‘(5) COMPETITIVE BIDDING.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), 

construction of each project shall be performed by contract 

awarded by competitive bidding. 

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 

if the Secretary or the Secretary of the appropriate Federal 

land management agency affirmatively finds that, under 

the circumstances relating to the project, a different method 

is in the public interest. 

‘‘(b) PROGRAM DISTRIBUTIONS.— 

‘‘(1) IN GENERAL.—Funding made available to carry out 

the Federal lands access program shall be allocated among 

those States that have Federal land, in accordance with the 

following formula: 

‘‘(A) 80 percent of the available funding for use in 

those States that contain at least 1 1⁄2 percent of the 

total public land in the United States managed by the 

agencies described in paragraph (2), to be distributed as 

follows: 

‘‘(i) 30 percent in the ratio that— 

‘‘(I) recreational visitation within each such 

State; bears to 

‘‘(II) the recreational visitation within all such 

States. 

‘‘(ii) 5 percent in the ratio that— 

‘‘(I) the Federal land area within each such 

State; bears to 

‘‘(II) the Federal land area in all such States. 

‘‘(iii) 55 percent in the ratio that— 

‘‘(I) the Federal public road miles within each 

such State; bears to 

‘‘(II) the Federal public road miles in all such 

States. 

‘‘(iv) 10 percent in the ratio that— 

‘‘(I) the number of Federal public bridges 

within each such State; bears to 

‘‘(II) the number of Federal public bridges in 

all such States. 

‘‘(B) 20 percent of the available funding for use in 

those States that do not contain at least 1 1⁄2 percent 

of the total public land in the United States managed 

by the agencies described in paragraph (2), to be distributed 

as follows: 

‘‘(i) 30 percent in the ratio that— 


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‘‘(I) recreational visitation within each such 

State; bears to 

‘‘(II) the recreational visitation within all such 

States. 

‘‘(ii) 5 percent in the ratio that— 

‘‘(I) the Federal land area within each such 

State; bears to 

‘‘(II) the Federal land area in all such States. 

‘‘(iii) 55 percent in the ratio that— 

‘‘(I) the Federal public road miles within each 

such State; bears to 

‘‘(II) the Federal public road miles in all such 

States. 

‘‘(iv) 10 percent in the ratio that— 

‘‘(I) the number of Federal public bridges 

within each such State; bears to 

‘‘(II) the number of Federal public bridges in 

all such States. 

‘‘(2) DATA SOURCE.—Data necessary to distribute funding 

under paragraph (1) shall be provided by the following Federal 

land management agencies: 

‘‘(A) The National Park Service. 

‘‘(B) The Forest Service. 

‘‘(C) The United States Fish and Wildlife Service. 

‘‘(D) The Bureau of Land Management. 

‘‘(E) The Corps of Engineers. 

‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 

‘‘(1) IN GENERAL.—Programming decisions shall be made 

within each State by a committee comprised of— 

‘‘(A) a representative of the Federal Highway Administration; 

‘‘(B) a representative of the State Department of 

Transportation; and 

‘‘(C) a representative of any appropriate political subdivision of the State. 

‘‘(2) CONSULTATION REQUIREMENT.—The committee 

described in paragraph (1) shall cooperate with each applicable 

Federal agency in each State before any joint discussion or 

final programming decision. 

‘‘(3) PROJECT PREFERENCE.—In making a programming 

decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or 

are located within high-use Federal recreation sites or Federal 

economic generators, as identified by the Secretaries of the 

appropriate Federal land management agencies.’’. 

(b) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—Section 

214 of title 23, United States Code, is repealed. 

(c) CONFORMING AMENDMENTS.— 

(1) CHAPTER 2 ANALYSIS.—The analysis for chapter 2 of 

title 23, United States Code, is amended— 

(A) by striking the items relating to sections 201 

through 204 and inserting the following: 

‘‘201. Federal lands and tribal transportation programs. 

‘‘202. Tribal transportation program. 

‘‘203. Federal lands transportation program. 

‘‘204. Federal lands access program.’’; and 

(B) by striking the item relating to section 214. 

Repeal. 


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126 STAT. 492 PUBLIC LAW 112–141—JULY 6, 2012 

(2) DEFINITION.—Section 138(a) of title 23, United States 

Code, is amended in the third sentence by striking ‘‘park road 

or parkway under section 204 of this title’’ and inserting ‘‘Federal lands transportation facility’’. 

(3) RULES, REGULATIONS, AND RECOMMENDATIONS.—Section 

315 of title 23, United States Code, is amended by striking 

‘‘204(f)’’ and inserting ‘‘202(a)(5), 203(a)(3),’’. 

SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE. 

Section 1301 of the SAFETEA–LU (23 U.S.C. 101 note; 119 

Stat. 1198) is amended— 

(1) in subsection (b), by striking ‘‘States’’ and inserting 

‘‘eligible applicants’’; 

(2) in subsection (c), by striking paragraph (3) and inserting 

the following: 

‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible applicant’ 

means— 

‘‘(A) a State department of transportation or a group 

of State departments of transportation; 

‘‘(B) a tribal government or consortium of tribal governments; 

‘‘(C) a transit agency; or 

‘‘(D) a multi-State or multi-jurisdictional group of the 

agencies described in subparagraphs (A) through (C).’’; 

(3) in subsection (d)(2), by striking ‘‘75’’ and inserting ‘‘50’’; 

(4) in subsection (e), by striking ‘‘State’’ and inserting 

‘‘eligible applicant’’; 

(5) in subsection (f)(3) by striking subparagraph (B) and 

inserting the following: 

‘‘(B) improves roadways vital to national energy security; and’’; 

(6) in subsection (g)(1) by adding at the end the following: 

‘‘(E) CONGRESSIONAL APPROVAL.—The Secretary may 

not issue a letter of intent, enter into a full funding grant 

agreement under paragraph (2), or make any other obligation or commitment to fund a project under this section 

if a joint resolution of disapproval is enacted disapproving 

funding for the project before the last day of the 60-day 

period described in subparagraph (B).’’; 

(7) in subsection (k), by adding at the end the following: 

‘‘(3) PROJECT SELECTION JUSTIFICATIONS.— 

‘‘(A) IN GENERAL.—Not later than 30 days after the 

date on which the Secretary selects a project for funding 

under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Environment 

and Public Works of the Senate a report that describes 

the reasons for selecting the project, based on the criteria 

described in subsection (f). 

‘‘(B) INCLUSIONS.—The report submitted under 

subparagraph (A) shall specify each criteria described in 

subsection (f) that the project meets. 

‘‘(C) AVAILABILITY.—The Secretary shall make available on the website of the Department the report submitted 

under subparagraph (A).’’; and 

(8) by striking subsections (l) and (m) and inserting the 

following: 

Web posting. 

Deadline. 

Reports. 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 493 

‘‘(l) REPORT.— 

‘‘(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of the MAP–21, the Secretary shall submit a 

report to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding projects of 

national and regional significance. 

‘‘(2) PURPOSE.—The purpose of the report issued under 

this subsection shall be to identify projects of national and 

regional significance that— 

‘‘(A) will significantly improve the performance of the 

Federal-aid highway system, nationally or regionally; 

‘‘(B) is able to— 

‘‘(i) generate national economic benefits that 

reasonably exceed the costs of the projects, including 

increased access to jobs, labor, and other critical economic inputs; 

‘‘(ii) reduce long-term congestion, including impacts 

in the State, region, and the United States, and 

increase speed, reliability, and accessibility of the 

movement of people or freight; and 

‘‘(iii) improve transportation safety, including 

reducing transportation accidents, and serious injuries 

and fatalities; and 

‘‘(C) can be supported by an acceptable degree of nonFederal financial commitments. 

‘‘(3) CONTENTS.—The report issued under this subsection 

shall include— 

‘‘(A) a comprehensive list of each project of national 

and regional significance that— 

‘‘(i) has been complied through a survey of State 

departments of transportation; and 

‘‘(ii) has been classified by the Secretary as a 

project of regional or national significance in accordance with this section; 

‘‘(B) an analysis of the information collected under 

paragraph (1), including a discussion of the factors supporting each classification of a project as a project of 

regional or national significance; and 

‘‘(C) recommendations on financing for eligible project 

costs. 

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $500,000,000 for fiscal 

year 2013, to remain available until expended.’’. 

SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 

FACILITIES. 

(a) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL

FACILITIES.—Section 147 of title 23, United States Code, is 

amended— 

(1) by striking subsections (c) and (d); 

(2) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; and 

(3) by inserting after subsection (b) the following: 


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126 STAT. 494 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(c) DISTRIBUTION OF FUNDS.—Of the amounts made available 

to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d). 

‘‘(d) FORMULA.—Of the amounts allocated pursuant to subsection (c)— 

‘‘(1) 20 percent shall be allocated among eligible entities 

in the proportion that— 

‘‘(A) the number of ferry passengers carried by each 

ferry system in the most recent fiscal year; bears to 

‘‘(B) the number of ferry passengers carried by all 

ferry systems in the most recent fiscal year; 

‘‘(2) 45 percent shall be allocated among eligible entities 

in the proportion that— 

‘‘(A) the number of vehicles carried by each ferry 

system in the most recent fiscal year; bears to 

‘‘(B) the number of vehicles carried by all ferry systems 

in the most recent fiscal year; and 

‘‘(3) 35 percent shall be allocated among eligible entities 

in the proportion that— 

‘‘(A) the total route miles serviced by each ferry system; 

bears to 

‘‘(B) the total route miles serviced by all ferry systems. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated out of the Highway Trust Fund (other than 

the Mass Transit Account) to carry out this section $67,000,000 

for each of fiscal years 2013 and 2014.’’. 

(b) NATIONAL FERRY DATABASE.—Section 1801(e) of the 

SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is 

amended— 

(1) in paragraph (2), by inserting ‘‘, including any Federal, 

State, and local government funding sources,’’ after ‘‘sources’’; 

and 

(2) in paragraph (4)— 

(A) in subparagraph (B), by striking ‘‘and’’ at the end; 

(B) by redesignating subparagraph (C) as subparagraph (D); 

(C) by inserting after subparagraph (B), the following: 

‘‘(C) ensure that the database is consistent with the 

national transit database maintained by the Federal 

Transit Administration; and’’; and 

(D) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ‘‘2009’’ and inserting ‘‘2014’’. 

SEC. 1122. TRANSPORTATION ALTERNATIVES. 

(a) IN GENERAL.—Section 213 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 213. Transportation alternatives 

‘‘(a) RESERVATION OF FUNDS.— 

‘‘(1) IN GENERAL.—On October 1 of each of fiscal years 

2013 and 2014, the Secretary shall proportionally reserve from 

the funds apportioned to a State under section 104(b) to carry 

out the requirements of this section an amount equal to the 

amount obtained by multiplying the amount determined under 

paragraph (2) by the ratio that— 

Effective dates. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 495 

‘‘(A) the amount apportioned to the State for the 

transportation enhancements program for fiscal year 2009 

under section 133(d)(2), as in effect on the day before 

the date of enactment of the MAP-21; bears to 

‘‘(B) the total amount of funds apportioned to all States 

for that fiscal year for the transportation enhancements 

program for fiscal year 2009. 

‘‘(2) CALCULATION OF NATIONAL AMOUNT.—The Secretary 

shall determine an amount for each fiscal year that is equal 

to 2 percent of the amounts authorized to be appropriated 

for such fiscal year from the Highway Trust Fund (other than 

the Mass Transit Account) to carry out chapters 1, 2, 5, and 

6 of this title. 

‘‘(b) ELIGIBLE PROJECTS.—A State may obligate the funds 

reserved under this section for any of the following projects or 

activities: 

‘‘(1) Transportation alternatives, as defined in section 101. 

‘‘(2) The recreational trails program under section 206. 

‘‘(3) The safe routes to school program under section 1404 

of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109– 

59). 

‘‘(4) Planning, designing, or constructing boulevards and 

other roadways largely in the right-of-way of former Interstate 

System routes or other divided highways. 

‘‘(c) ALLOCATIONS OF FUNDS.— 

‘‘(1) CALCULATION.—Of the funds reserved in a State under 

this section— 

‘‘(A) 50 percent for a fiscal year shall be obligated 

under this section to any eligible entity in proportion to 

their relative shares of the population of the State— 

‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000; 

‘‘(ii) in areas of the State other than urban areas 

with a population greater than 5,000; and 

‘‘(iii) in other areas of the State; and 

‘‘(B) 50 percent shall be obligated in any area of the 

State. 

‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the 

metropolitan area established under section 134 that encompasses the urbanized area. 

‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000

POPULATION.— 

‘‘(A) IN GENERAL.—Except as provided in paragraph 

(1)(B), the amount of funds that a State is required to 

obligate under paragraph (1)(A)(i) shall be obligated in 

urbanized areas described in paragraph (1)(A)(i) based on 

the relative population of the areas. 

‘‘(B) OTHER FACTORS.—A State may obligate the funds 

described in subparagraph (A) based on other factors if 

the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to 

base the obligation on other factors and the Secretary 

grants the request. 

‘‘(4) ACCESS TO FUNDS.— ‘‘(A) IN GENERAL.—Each State or metropolitan planning 

organization required to obligate funds in accordance with 

Determination. 


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126 STAT. 496 PUBLIC LAW 112–141—JULY 6, 2012 

paragraph (1) shall develop a competitive process to allow 

eligible entities to submit projects for funding that achieve 

the objectives of this subsection. 

‘‘(B) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, the term ‘eligible entity’ means— 

‘‘(i) a local government; 

‘‘(ii) a regional transportation authority; 

‘‘(iii) a transit agency; 

‘‘(iv) a natural resource or public land agency; 

‘‘(v) a school district, local education agency, or 

school; 

‘‘(vi) a tribal government; and 

‘‘(vii) any other local or regional governmental 

entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan 

planning organization or a State agency) that the State 

determines to be eligible, consistent with the goals 

of this subsection. 

‘‘(5) SELECTION OF PROJECTS.—For funds reserved in a State 

under this section and suballocated to a metropolitan planning 

area under paragraph (1)(A)(i), each such metropolitan planning 

organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State. 

‘‘(d) FLEXIBILITY OF EXCESS RESERVED FUNDING.—Beginning 

in the second fiscal year after the date of enactment of the MAP21, if on August 1 of that fiscal year the unobligated balance 

of available funds reserved by a State under this section exceeds 

100 percent of such reserved amount in such fiscal year, the State 

may thereafter obligate the amount of excess funds for any 

activity— 

‘‘(1) that is eligible to receive funding under this section; 

or 

‘‘(2) for which the Secretary has approved the obligation 

of funds for any State under section 149. 

‘‘(e) TREATMENT OF PROJECTS.—Notwithstanding any other 

provision of law, projects funded under this section (excluding those 

carried out under subsection (f)) shall be treated as projects on 

a Federal-aid highway under this chapter. 

‘‘(f) CONTINUATION OF CERTAIN RECREATIONAL TRAILS

PROJECTS.—Each State shall— 

‘‘(1) obligate an amount of funds reserved under this section 

equal to the amount of the funds apportioned to the State 

for fiscal year 2009 under section 104(h)(2) for projects relating 

to recreational trails under section 206; 

‘‘(2) return 1 percent of those funds to the Secretary for 

the administration of that program; and 

‘‘(3) comply with the provisions of the administration of 

the recreational trails program under section 206, including 

the use of apportioned funds described under subsection 

(d)(3)(A) of that section. 

‘‘(g) STATE FLEXIBILITY.—A State may opt out of the recreational 

trails program under subsection (f) if the Governor of the State 

notifies the Secretary not later than 30 days prior to apportionments 

being made for any fiscal year.’’. 

Notification. 

Deadline. 

Effective date. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 497 

(b) CONFORMING AMENDMENT.—The analysis for chapter 2 of 

title 23, United States Code, is amended by striking the item 

relating to section 213 and inserting the following: 

‘‘213. Transportation alternatives’’. 

SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) EMERGENCY OR DISASTER.—The term ‘‘emergency or 

disaster’’ means damage to a tribal transportation facility 

that— 

(A) renders the tribal transportation facility impassable 

or unusable; 

(B) is caused by— 

(i) a natural disaster over a widespread area; or 

(ii) a catastrophic failure from an external cause; 

and 

(C) would be eligible under the emergency relief program under section 125 of title 23, United States Code, 

but does not meet the funding thresholds required by that 

section. 

(2) LIST.—The term ‘‘list’’ means the funding priority list 

developed under subsection (c)(5). 

(3) PROGRAM.—The term ‘‘program’’ means the Tribal High 

Priority Projects program established under subsection (b)(1). 

(4) PROJECT.—The term ‘‘project’’ means a project provided 

funds under the program. 

(b) PROGRAM.— 

(1) IN GENERAL.—The Secretary shall use amounts made 

available under subsection (h) to carry out a Tribal High Priority Projects program under which funds shall be provided 

to eligible applicants in accordance with this section. 

(2) ELIGIBLE APPLICANTS.—Applicants eligible for program 

funds under this section include— 

(A) an Indian tribe whose annual allocation of funding 

under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the Indian 

tribe; 

(B) a governmental subdivision of an Indian tribe— 

(i) that is authorized to administer the funding 

of the Indian tribe under section 202 of title 23, United 

States Code; and 

(ii) for which the annual allocation under that 

section is insufficient to complete the highest priority 

project of the Indian tribe; or 

(C) any Indian tribe that has an emergency or disaster 

with respect to a transportation facility included on the 

national inventory of tribal transportation facilities under 

section 202(b)(1) of title 23, United States Code. 

(c) PROJECT APPLICATIONS; FUNDING.— 

(1) IN GENERAL.—To apply for funds under this section, 

an eligible applicant shall submit to the Department of the 

Interior or the Department an application that includes— 

(A) project scope of work, including deliverables, 

budget, and timeline; 

(B) the amount of funds requested; 

(C) project information addressing— 

23 USC 202 note. 


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126 STAT. 498 PUBLIC LAW 112–141—JULY 6, 2012 

(i) the ranking criteria identified in paragraph (3); 

or 

(ii) the nature of the emergency or disaster; 

(D) documentation that the project meets the definition 

of a tribal transportation facility and is included in the 

national inventory of tribal transportation facilities under 

section 202(b)(1) of title 23, United States Code; 

(E) documentation of official tribal action requesting 

the project; 

(F) documentation from the Indian tribe providing 

authority for the Secretary of the Interior to place the 

project on a transportation improvement program if the 

project is selected and approved; and 

(G) any other information the Secretary of the Interior 

or Secretary considers appropriate to make a determination. 

(2) LIMITATION ON APPLICATIONS.—An applicant for funds 

under the program may only have 1 application for assistance 

under this section pending at any 1 time, including any emergency or disaster application. 

(3) APPLICATION RANKING.— 

(A) IN GENERAL.—The Secretary of the Interior and 

the Secretary shall determine the eligibility of, and fund, 

program applications, subject to the availability of funds. 

(B) RANKING CRITERIA.—The project ranking criteria 

for applications under this section shall include— 

(i) the existence of safety hazards with documented 

fatality and injury accidents; 

(ii) the number of years since the Indian tribe 

last completed a construction project funded by section 

202 of title 23, United States Code; 

(iii) the readiness of the Indian tribe to proceed 

to construction or bridge design need; 

(iv) the percentage of project costs matched by 

funds that are not provided under section 202 of title 

23, United States Code, with projects with a greater 

percentage of other sources of matching funds ranked 

ahead of lesser matches); 

(v) the amount of funds requested, with requests 

for lesser amounts given greater priority; 

(vi) the challenges caused by geographic isolation; 

and 

(vii) all weather access for employment, commerce, 

health, safety, educational resources, or housing. 

(4) PROJECT SCORING MATRIX.—The project scoring matrix 

established in the appendix to part 170 of title 25, Code of 

Regulations (as in effect on the date of enactment of this 

Act) shall be used to rank all applications accepted under 

this section. 

(5) FUNDING PRIORITY LIST.— 

(A) IN GENERAL.—The Secretary of the Interior and 

the Secretary shall jointly produce a funding priority list 

that ranks the projects approved for funding under the 

program. 

(B) LIMITATION.—The number of projects on the list 

shall be limited by the amount of funding made available. 

Determination. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 499 

(6) TIMELINE.—The Secretary of the Interior and the Secretary shall— 

(A) require applications for funding no sooner than 

60 days after funding is made available pursuant to subsection (a); 

(B) notify all applicants and Regions in writing of 

acceptance of applications; 

(C) rank all accepted applications in accordance with 

the project scoring matrix, develop the funding priority 

list, and return unaccepted applications to the applicant 

with an explanation of deficiencies; 

(D) notify all accepted applicants of the projects 

included on the funding priority list no later than 180 

days after the application deadline has passed pursuant 

to subparagraph (A); and 

(E) distribute funds to successful applicants. 

(d) EMERGENCY OR DISASTER PROJECT APPLICATIONS.— 

(1) IN GENERAL.—Notwithstanding subsection (c)(6), an 

eligible applicant may submit an emergency or disaster project 

application at any time during the fiscal year. 

(2) CONSIDERATION AS PRIORITY.—The Secretary shall— 

(A) consider project applications submitted under paragraph (1) to be a priority; and 

(B) fund the project applications in accordance with 

paragraph (3). 

(3) FUNDING.— 

(A) IN GENERAL.—If an eligible applicant submits an 

application for a project under this subsection before the 

issuance of the list under subsection (c)(5) and the project 

is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project 

before providing funding for other approved projects on 

the list. 

(B) SUBMISSION AFTER ISSUANCE OF LIST.—If an eligible 

applicant submits an application under this subsection 

after the issuance of the list under subsection (c)(5) and 

the distribution of program funds in accordance with the 

list, the Secretary of the Interior shall provide funding 

for the project on the date on which unobligated funds 

provided to projects on the list are returned to the Department of the Interior. 

(C) EFFECT ON OTHER PROJECTS.—If the Secretary of 

the Interior uses funding previously designated for a project 

on the list to fund an emergency or disaster project under 

this subsection, the project on the list that did not receive 

funding as a result of the redesignation of funds shall 

move to the top of the list the following year. 

(4) EMERGENCY OR DISASTER PROJECT COST.—The cost of 

a project submitted as an emergency or disaster under this 

subsection shall be at least 10 percent of the distribution of 

funds of the Indian tribe under section 202(b) of title 23, United 

States Code. 

(e) LIMITATION ON USE OF FUNDS.—Program funds shall not 

be used for— 

(1) transportation planning; 

(2) research; 

(3) routine maintenance activities; 

Notification. 


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126 STAT. 500 PUBLIC LAW 112–141—JULY 6, 2012 

(4) structures and erosion protection unrelated to transportation and roadways; 

(5) general reservation planning not involving transportation; 

(6) landscaping and irrigation systems not involving 

transportation programs and projects; 

(7) work performed on projects that are not included on 

a transportation improvement program approved by the Federal 

Highway Administration, unless otherwise authorized by the 

Secretary of the Interior and the Secretary; 

(8) the purchase of equipment unless otherwise authorized 

by Federal law; or 

(9) the condemnation of land for recreational trails. 

(f) LIMITATION ON PROJECT AMOUNTS.—Project funding shall be limited to a maximum of $1,000,000 per application, except 

that funding for disaster or emergency projects shall also be limited 

to the estimated cost of repairing damage to the tribal transportation facility. 

(g) COST ESTIMATE CERTIFICATION.—All cost estimates prepared 

for a project shall be required to be submitted by the applicant 

to the Secretary of the Interior and the Secretary for certification 

and approval. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated 

$30,000,000 out of the general fund of the Treasury to carry 

out the program for each of fiscal years 2013 and 2014. 

(2) ADMINISTRATION.—The funds made available under 

paragraph (1) shall be administered in the same manner as 

funds made available for the tribal transportation program 

under section 202 of title 23, United States Code, except that— 

(A) the funds made available for the program shall 

remain available until September 30 of the third fiscal 

year after the year appropriated; and 

(B) the Federal share of the cost of a project shall 

be 100 percent. 

Subtitle B—Performance Management 

SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

(a) IN GENERAL.—Section 134 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 134. Metropolitan transportation planning 

‘‘(a) POLICY.—It is in the national interest— 

‘‘(1) to encourage and promote the safe and efficient 

management, operation, and development of surface transportation systems that will serve the mobility needs of people 

and freight and foster economic growth and development within 

and between States and urbanized areas, while minimizing 

transportation-related fuel consumption and air pollution 

through metropolitan and statewide transportation planning 

processes identified in this chapter; and 

‘‘(2) to encourage the continued improvement and evolution 

of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 501 

by the planning factors identified in subsection (h) and section 

135(d). 

‘‘(b) DEFINITIONS.—In this section and section 135, the following 

definitions apply: 

‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropolitan planning area’ means the geographic area determined by 

agreement between the metropolitan planning organization for 

the area and the Governor under subsection (e). 

‘‘(2) METROPOLITAN PLANNING ORGANIZATION.—The term 

‘metropolitan planning organization’ means the policy board 

of an organization established as a result of the designation 

process under subsection (d). 

‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan 

area’ means a geographic area outside designated metropolitan 

planning areas. 

‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘nonmetropolitan local official’ means elected and appointed officials 

of general purpose local government in a nonmetropolitan area 

with responsibility for transportation. 

‘‘(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.— 

The term ‘regional transportation planning organization’ means 

a policy board of an organization established as the result 

of a designation under section 135(m). 

‘‘(6) TIP.—The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j). 

‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means 

a geographic area with a population of 50,000 or more, as 

determined by the Bureau of the Census. 

‘‘(c) GENERAL REQUIREMENTS.— 

‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To 

accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall 

develop long-range transportation plans and transportation 

improvement programs through a performance-driven, outcomebased approach to planning for metropolitan areas of the State. 

‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan 

area shall provide for the development and integrated management and operation of transportation systems and facilities 

(including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an 

integral part of an intermodal transportation system for the 

State and the United States. 

‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 

the plans and TIPs shall provide for consideration of all modes 

of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity 

of the transportation problems to be addressed. 

‘‘(d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—To carry out the transportation planning 

process required by this section, a metropolitan planning 

organization shall be designated for each urbanized area with 

a population of more than 50,000 individuals— 


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‘‘(A) by agreement between the Governor and units 

of general purpose local government that together represent 

at least 75 percent of the affected population (including 

the largest incorporated city (based on population) as determined by the Bureau of the Census); or 

‘‘(B) in accordance with procedures established by 

applicable State or local law. 

‘‘(2) STRUCTURE.—Not later than 2 years after the date 

of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of— 

‘‘(A) local elected officials; 

‘‘(B) officials of public agencies that administer or 

operate major modes of transportation in the metropolitan 

area, including representation by providers of public 

transportation; and 

‘‘(C) appropriate State officials. 

‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

in this subsection shall be construed to interfere with the 

authority, under any State law in effect on December 18, 1991, 

of a public agency with multimodal transportation responsibilities— 

‘‘(A) to develop the plans and TIPs for adoption by 

a metropolitan planning organization; and 

‘‘(B) to develop long-range capital plans, coordinate 

transit services and projects, and carry out other activities 

pursuant to State law. 

‘‘(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any 

other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). 

‘‘(5) REDESIGNATION PROCEDURES.— 

‘‘(A) IN GENERAL.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that 

together represent at least 75 percent of the existing planning area population (including the largest incorporated 

city (based on population) as determined by the Bureau 

of the Census) as appropriate to carry out this section. 

‘‘(B) RESTRUCTURING.—A metropolitan planning 

organization may be restructured to meet the requirements 

of paragraph (2) without undertaking a redesignation. 

‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING

ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan 

planning organization determine that the size and complexity 

of the existing metropolitan planning area make designation 

of more than 1 metropolitan planning organization for the 

area appropriate. 

‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.— 

‘‘(1) IN GENERAL.—For the purposes of this section, the 

boundaries of a metropolitan planning area shall be determined 

by agreement between the metropolitan planning organization 

and the Governor. 

Time period. ‘‘(2) INCLUDED AREA.—Each metropolitan planning area— 

Deadline. 


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‘‘(A) shall encompass at least the existing urbanized 

area and the contiguous area expected to become urbanized 

within a 20-year forecast period for the transportation plan; 

and 

‘‘(B) may encompass the entire metropolitan statistical 

area or consolidated metropolitan statistical area, as 

defined by the Bureau of the Census. 

‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN

EXISTING PLANNING AREA BOUNDARIES.—The designation by the 

Bureau of the Census of new urbanized areas within an existing 

metropolitan planning area shall not require the redesignation 

of the existing metropolitan planning organization. 

‘‘(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.— 

‘‘(A) IN GENERAL.—Notwithstanding paragraph (2), 

except as provided in subparagraph (B), in the case of 

an urbanized area designated as a nonattainment area 

for ozone or carbon monoxide under the Clean Air Act 

(42 U.S.C. 7401 et seq.) as of the date of enactment of 

the SAFETEA–LU, the boundaries of the metropolitan 

planning area in existence as of such date of enactment 

shall be retained. 

‘‘(B) EXCEPTION.—The boundaries described in 

subparagraph (A) may be adjusted by agreement of the 

Governor and affected metropolitan planning organizations 

in the manner described in subsection (d)(5). 

‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the 

date of enactment of the SAFETEA–LU, as a nonattainment 

area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— 

‘‘(A) shall be established in the manner described in 

subsection (d)(1); 

‘‘(B) shall encompass the areas described in paragraph 

(2)(A); 

‘‘(C) may encompass the areas described in paragraph 

(2)(B); and 

‘‘(D) may address any nonattainment area identified 

under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone 

or carbon monoxide. 

‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

‘‘(1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the 

entire metropolitan area. 

‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is 

granted to any 2 or more States— 

‘‘(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative 

efforts and mutual assistance in support of activities 

authorized under this section as the activities pertain to 

interstate areas and localities within the States; and 

‘‘(B) to establish such agencies, joint or otherwise, as 

the States may determine desirable for making the agreements and compacts effective. 


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‘‘(3) RESERVATION OF RIGHTS.—The right to alter, amend, 

or repeal interstate compacts entered into under this subsection 

is expressly reserved. 

‘‘(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— 

‘‘(1) NONATTAINMENT AREAS.—If more than 1 metropolitan 

planning organization has authority within a metropolitan area 

or an area which is designated as a nonattainment area for 

ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 

7401 et seq.), each metropolitan planning organization shall 

consult with the other metropolitan planning organizations designated for such area and the State in the coordination of 

plans and TIPs required by this section. 

‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE

MPOS.—If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, 

is located within the boundaries of more than 1 metropolitan 

planning area, the metropolitan planning organizations shall 

coordinate plans and TIPs regarding the transportation 

improvement. 

‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.— 

‘‘(A) IN GENERAL.—The Secretary shall encourage each 

metropolitan planning organization to consult with officials 

responsible for other types of planning activities that are 

affected by transportation in the area (including State and 

local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. 

‘‘(B) REQUIREMENTS.—Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning 

activities within the metropolitan area, and the process 

shall provide for the design and delivery of transportation 

services within the metropolitan area that are provided 

by— 

‘‘(i) recipients of assistance under chapter 53 of 

title 49; 

‘‘(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and 

organizations) that receive Federal assistance from a 

source other than the Department of Transportation 

to provide nonemergency transportation services; and 

‘‘(iii) recipients of assistance under section 204. 

‘‘(h) SCOPE OF PLANNING PROCESS.— 

‘‘(1) IN GENERAL.—The metropolitan planning process for 

a metropolitan planning area under this section shall provide 

for consideration of projects and strategies that will— 

‘‘(A) support the economic vitality of the metropolitan 

area, especially by enabling global competitiveness, productivity, and efficiency; 

‘‘(B) increase the safety of the transportation system 

for motorized and nonmotorized users; 

‘‘(C) increase the security of the transportation system 

for motorized and nonmotorized users; 

‘‘(D) increase the accessibility and mobility of people 

and for freight; 


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‘‘(E) protect and enhance the environment, promote 

energy conservation, improve the quality of life, and promote consistency between transportation improvements 

and State and local planned growth and economic development patterns; 

‘‘(F) enhance the integration and connectivity of the 

transportation system, across and between modes, for 

people and freight; 

‘‘(G) promote efficient system management and operation; and 

‘‘(H) emphasize the preservation of the existing 

transportation system. 

‘‘(2) 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 150(b) of this title and in section 5301(c) of title 

49. 

‘‘(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 section 150(c), where applicable, to use in 

tracking progress towards 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 TAR- GETS.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the 

maximum extent practicable, with providers of public 

transportation to ensure consistency with sections 

5326(c) and 5329(d) of title 49. 

‘‘(C) TIMING.—Each metropolitan planning organization 

shall establish the performance targets under subparagraph (B) not later than 180 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 

transportation plans and transportation processes, as well 

as any plans developed under chapter 53 of title 49 by 

providers of public transportation, required as part of a 

performance-based program. 

‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraphs (1) and (2) shall not 

be reviewable by any court under this title or chapter 53 


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126 STAT. 506 PUBLIC LAW 112–141—JULY 6, 2012 

of title 49, subchapter II of chapter 5 of title 5, or chapter 

7 of title 5 in any matter affecting a transportation plan, 

a TIP, a project or strategy, or the certification of a planning 

process. 

‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.— ‘‘(1) REQUIREMENTS.— ‘‘(A) IN GENERAL.—Each metropolitan planning 

organization shall prepare and update a transportation 

plan for its metropolitan planning area in accordance with 

the requirements of this subsection. 

‘‘(B) FREQUENCY.— ‘‘(i) IN GENERAL.—The metropolitan planning 

organization shall prepare and update such plan every 

4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) 

in the case of each of the following: 

‘‘(I) Any area designated as nonattainment, 

as defined in section 107(d) of the Clean Air Act 

(42 U.S.C. 7407(d)). 

‘‘(II) Any area that was nonattainment and 

subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 

7407(d)(3)) and that is subject to a maintenance 

plan under section 175A of that Act (42 U.S.C. 

7505a). 

‘‘(ii) OTHER AREAS.—In the case of any other area 

required to have a transportation plan in accordance 

with the requirements of this subsection, the metropolitan planning organization shall prepare and update 

such plan every 5 years unless the metropolitan planning organization elects to update more frequently. 

‘‘(2) TRANSPORTATION PLAN.—A transportation plan under 

this section shall be in a form that the Secretary determines 

to be appropriate and shall contain, at a minimum, the following: 

‘‘(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.— 

‘‘(i) IN GENERAL.—An identification of transportation facilities (including major roadways, transit, 

multimodal and intermodal facilities, nonmotorized 

transportation facilities, and intermodal connectors) 

that should function as an integrated metropolitan 

transportation system, giving emphasis to those facilities that serve important national and regional 

transportation functions. 

‘‘(ii) FACTORS.—In formulating the transportation 

plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors 

relate to a 20-year forecast period. 

‘‘(B) PERFORMANCE MEASURES AND TARGETS.—A 

description of the performance measures and performance 

targets used in assessing the performance of the transportation system in accordance with subsection (h)(2). 

‘‘(C) SYSTEM PERFORMANCE REPORT.—A system 

performance report and subsequent updates evaluating the 

condition and performance of the transportation system 

with respect to the performance targets described in subsection (h)(2), including— 

Deadline. 


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‘‘(i) progress achieved by the metropolitan planning 

organization in meeting the performance targets in 

comparison with system performance recorded in previous reports; and 

‘‘(ii) for metropolitan planning organizations that 

voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the 

conditions and performance of the transportation 

system and how changes in local policies and investments have impacted the costs necessary to achieve 

the identified performance targets. 

‘‘(D) MITIGATION ACTIVITIES.— ‘‘(i) IN GENERAL.—A long-range transportation plan 

shall include a discussion of types of potential environmental mitigation activities and potential areas to 

carry out these activities, including activities that may 

have the greatest potential to restore and maintain 

the environmental functions affected by the plan. 

‘‘(ii) CONSULTATION.—The discussion shall be 

developed in consultation with Federal, State, and 

tribal wildlife, land management, and regulatory agencies. 

‘‘(E) FINANCIAL PLAN.— 

‘‘(i) IN GENERAL.—A financial plan that— 

‘‘(I) demonstrates how the adopted transportation plan can be implemented; 

‘‘(II) indicates resources from public and private sources that are reasonably expected to be 

made available to carry out the plan; and 

‘‘(III) recommends any additional financing 

strategies for needed projects and programs. 

‘‘(ii) INCLUSIONS.—The financial plan may include, 

for illustrative purposes, additional projects that would 

be included in the adopted transportation plan if 

reasonable additional resources beyond those identified 

in the financial plan were available. 

‘‘(iii) COOPERATIVE DEVELOPMENT.—For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and 

State shall cooperatively develop estimates of funds 

that will be available to support plan implementation. 

‘‘(F) OPERATIONAL AND MANAGEMENT STRATEGIES.— 

Operational and management strategies to improve the 

performance of existing transportation facilities to relieve 

vehicular congestion and maximize the safety and mobility 

of people and goods. 

‘‘(G) CAPITAL INVESTMENT AND OTHER STRATEGIES.— 

Capital investment and other strategies to preserve the 

existing and projected future metropolitan transportation 

infrastructure and provide for multimodal capacity 

increases based on regional priorities and needs. 

‘‘(H) TRANSPORTATION AND TRANSIT ENHANCEMENT

ACTIVITIES.—Proposed transportation and transit enhancement activities. 

‘‘(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In 

metropolitan areas that are in nonattainment for ozone or 

carbon monoxide under the Clean Air Act (42 U.S.C. 7401 


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126 STAT. 508 PUBLIC LAW 112–141—JULY 6, 2012 

et seq.), the metropolitan planning organization shall coordinate 

the development of a transportation plan with the process 

for development of the transportation control measures of the 

State implementation plan required by that Act. 

‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.— 

‘‘(A) IN GENERAL.—A metropolitan planning organization may, while fitting the needs and complexity of its 

community, voluntarily elect to develop multiple scenarios 

for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B). 

‘‘(B) RECOMMENDED COMPONENTS.—A metropolitan 

planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— 

‘‘(i) potential regional investment strategies for the 

planning horizon; 

‘‘(ii) assumed distribution of population and 

employment; 

‘‘(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2); 

‘‘(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; 

‘‘(v) revenue constrained scenarios based on the 

total revenues expected to be available over the forecast 

period of the plan; and 

‘‘(vi) estimated costs and potential revenues available to support each scenario. 

‘‘(C) METRICS.—In addition to the performance measures identified in section 150(c), metropolitan planning 

organizations may evaluate scenarios developed under this 

paragraph using locally-developed measures. 

‘‘(5) CONSULTATION.— 

‘‘(A) IN GENERAL.—In each metropolitan area, the 

metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land 

use management, natural resources, environmental protection, conservation, and historic preservation concerning the 

development of a long-range transportation plan. 

‘‘(B) ISSUES.—The consultation shall involve, as appropriate— 

‘‘(i) comparison of transportation plans with State 

conservation plans or maps, if available; or 

‘‘(ii) comparison of transportation plans to inventories of natural or historic resources, if available. 

‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— 

‘‘(A) IN GENERAL.—Each metropolitan planning 

organization shall provide citizens, affected public agencies, 

representatives of public transportation employees, freight 

shippers, providers of freight transportation services, private providers of transportation, representatives of users 

of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties 


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with a reasonable opportunity to comment on the transportation plan. 

‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A participation plan— 

‘‘(i) shall be developed in consultation with all 

interested parties; and 

‘‘(ii) shall provide that all interested parties have 

reasonable opportunities to comment on the contents 

of the transportation plan. 

‘‘(C) METHODS.—In carrying out subparagraph (A), the 

metropolitan planning organization shall, to the maximum 

extent practicable— 

‘‘(i) hold any public meetings at convenient and 

accessible locations and times; 

‘‘(ii) employ visualization techniques to describe 

plans; and 

‘‘(iii) make public information available in electronically accessible format and means, such as the 

World Wide Web, as appropriate to afford reasonable 

opportunity for consideration of public information 

under subparagraph (A). 

‘‘(7) PUBLICATION.—A transportation plan involving Federal 

participation shall be published or otherwise made readily 

available by the metropolitan planning organization for public 

review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World 

Wide Web, approved by the metropolitan planning organization 

and submitted for information purposes to the Governor at 

such times and in such manner as the Secretary shall establish. 

‘‘(8) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

Notwithstanding paragraph (2)(C), a State or metropolitan 

planning organization shall not be required to select any project 

from the illustrative list of additional projects included in the 

financial plan under paragraph (2)(C). 

‘‘(j) METROPOLITAN TIP.— 

‘‘(1) DEVELOPMENT.— 

‘‘(A) IN GENERAL.—In cooperation with the State and 

any affected public transportation operator, the metropolitan planning organization designated for a metropolitan 

area shall develop a TIP for the 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, is designed to make 

progress toward achieving the performance targets 

established under subsection (h)(2). 

‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the 

TIP, the metropolitan planning organization, in cooperation 

with the State and any affected public transportation operator, shall provide an opportunity for participation by 

interested parties in the development of the program, in 

accordance with subsection (i)(5). 

‘‘(C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the metropolitan planning organization, 

public transportation agency, and State shall cooperatively 

Public 

information. 

Public 

information. 


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develop estimates of funds that are reasonably expected 

to be available to support program implementation. 

‘‘(D) UPDATING AND APPROVAL.—The TIP shall be— 

‘‘(i) updated at least once every 4 years; and 

‘‘(ii) approved by the metropolitan planning 

organization and the Governor. 

‘‘(2) CONTENTS.— 

‘‘(A) PRIORITY LIST.—The TIP shall include a priority 

list of proposed Federally supported projects and strategies 

to be carried out within each 4-year period after the initial 

adoption of the TIP. 

‘‘(B) FINANCIAL PLAN.—The TIP shall include a financial plan that— 

‘‘(i) demonstrates how the TIP can be implemented; 

‘‘(ii) indicates resources from public and private 

sources that are reasonably expected to be available 

to carry out the program; 

‘‘(iii) identifies innovative financing techniques to 

finance projects, programs, and strategies; and 

‘‘(iv) may include, for illustrative purposes, additional projects that would be included in the approved 

TIP if reasonable additional resources beyond those 

identified in the financial plan were available. 

‘‘(C) DESCRIPTIONS.—Each project in the TIP shall 

include sufficient descriptive material (such as type of work, 

termini, length, and other similar factors) to identify the 

project or phase of the project. 

‘‘(D) 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 

toward achieving the performance targets established in 

the metropolitan transportation plan, linking investment 

priorities to those performance targets. 

‘‘(3) INCLUDED PROJECTS.— 

‘‘(A) PROJECTS UNDER THIS TITLE AND CHAPTER 53 OF

TITLE 49.—A TIP developed under this subsection for a 

metropolitan area shall include the projects within the 

area that are proposed for funding under chapter 1 of 

this title and chapter 53 of title 49. 

‘‘(B) PROJECTS UNDER CHAPTER 2.— 

‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under 

chapter 2 shall be identified individually in the 

transportation improvement program. 

‘‘(ii) OTHER PROJECTS.—Projects proposed for 

funding under chapter 2 that are not determined to 

be regionally significant shall be grouped in 1 line 

item or identified individually in the transportation 

improvement program. 

‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION

PLAN.—Each project shall be consistent with the long-range 

transportation plan developed under subsection (i) for the 

area. 

‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 

The program shall include a project, or an identified phase 

Deadline. 


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of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase 

within the time period contemplated for completion of the 

project or the identified phase. 

‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a 

metropolitan planning organization, in cooperation with the 

State and any affected public transportation operator, shall 

provide an opportunity for participation by interested parties 

in the development of the program, in accordance with subsection (i)(5). 

‘‘(5) SELECTION OF PROJECTS.— ‘‘(A) IN GENERAL.—Except as otherwise provided in 

subsection (k)(4) and in addition to the TIP development 

required under paragraph (1), the selection of Federally 

funded projects in metropolitan areas shall be carried out, 

from the approved TIP— 

‘‘(i) by— 

‘‘(I) in the case of projects under this title, 

the State; and 

‘‘(II) in the case of projects under chapter 53 

of title 49, the designated recipients of public 

transportation funding; and 

‘‘(ii) in cooperation with the metropolitan planning 

organization. 

‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary 

shall not be required to advance a project included in 

the approved TIP in place of another project in the program. 

‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the 

illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). 

‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by 

the Secretary shall be required for a State or metropolitan 

planning organization to select any project from the illustrative list of additional projects included in the financial 

plan under paragraph (2)(B)(iv) for inclusion in an approved 

TIP. 

‘‘(7) PUBLICATION.— 

‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal 

participation shall be published or otherwise made readily 

available by the metropolitan planning organization for 

public review. 

‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— 

‘‘(i) IN GENERAL.—An annual listing of projects, 

including investments in pedestrian walkways and 

bicycle transportation facilities, for which Federal 

funds have been obligated in the preceding year shall 

be published or otherwise made available by the 

cooperative effort of the State, transit operator, and 

metropolitan planning organization for public review. 

‘‘(ii) REQUIREMENT.—The listing shall be consistent 

with the categories identified in the TIP. 

‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— ‘‘(1) IDENTIFICATION AND DESIGNATION.— 


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126 STAT. 512 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall 

identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with 

a population of over 200,000 individuals. 

‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall 

designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. 

‘‘(2) TRANSPORTATION PLANS.—In a transportation management area, transportation plans shall be based on a continuing 

and comprehensive transportation planning process carried out 

by the metropolitan planning organization in cooperation with 

the State and public transportation operators. 

‘‘(3) CONGESTION MANAGEMENT PROCESS.— ‘‘(A) IN GENERAL.—Within a metropolitan planning 

area serving a transportation management area, the 

transportation planning process under this section shall 

address congestion management through a process that 

provides for effective management and operation, based 

on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 

of title 49 through the use of travel demand reduction 

and operational management strategies. 

‘‘(B) SCHEDULE.—The Secretary shall establish an 

appropriate phase-in schedule for compliance with the 

requirements of this section but no sooner than 1 year 

after the identification of a transportation management 

area. 

‘‘(4) SELECTION OF PROJECTS.— 

‘‘(A) IN GENERAL.—All Federally funded projects carried 

out within the boundaries of a metropolitan planning area 

serving a transportation management area under this title 

(excluding projects carried out on the National Highway 

System) or under chapter 53 of title 49 shall be selected 

for implementation from the approved TIP by the metropolitan planning organization designated for the area in 

consultation with the State and any affected public 

transportation operator. 

‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects 

carried out within the boundaries of a metropolitan planning area serving a transportation management area on 

the National Highway System shall be selected for 

implementation from the approved TIP by the State in 

cooperation with the metropolitan planning organization 

designated for the area. 

‘‘(5) CERTIFICATION.— 

‘‘(A) IN GENERAL.—The Secretary shall— 

‘‘(i) ensure that the metropolitan planning process 

of a metropolitan planning organization serving a 

transportation management area is being carried out 

in accordance with applicable provisions of Federal 

law; and 

‘‘(ii) subject to subparagraph (B), certify, not less 

often than once every 4 years, that the requirements 

of this paragraph are met with respect to the metropolitan planning process. 

Deadline. 


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‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary may make the certification under subparagraph (A) 

if— 

‘‘(i) the transportation planning process complies 

with the requirements of this section and other 

applicable requirements of Federal law; and 

‘‘(ii) there is a TIP for the metropolitan planning 

area that has been approved by the metropolitan planning organization and the Governor. 

‘‘(C) EFFECT OF FAILURE TO CERTIFY.— ‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning 

organization serving a transportation management 

area is not certified, the Secretary may withhold up 

to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning 

organization for projects funded under this title and 

chapter 53 of title 49. 

‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning 

process is certified by the Secretary. 

‘‘(D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary 

shall provide for public involvement appropriate to the 

metropolitan area under review. 

‘‘(l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.— 

‘‘(1) IN GENERAL.—The Secretary shall submit to Congress 

a report on the effectiveness of the performance-based planning 

processes of metropolitan planning organizations under this 

section, taking into consideration the requirements of this subsection 

‘‘(2) REPORT.—Not later than 5 years after the date of 

enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating— 

‘‘(A) the overall effectiveness of performance-based 

planning as a tool for guiding transportation investments; 

‘‘(B) the effectiveness of the performance-based planning process of each metropolitan planning organization 

under this section; 

‘‘(C) the extent to which metropolitan planning 

organizations have achieved, or are currently making 

substantial progress toward achieving, the performance targets specified under this section and whether metropolitan 

planning organizations are developing meaningful performance targets; and 

‘‘(D) the technical capacity of metropolitan planning 

organizations that operate within a metropolitan planning 

area of less than 200,000 and their ability to carry out 

the requirements of this section. 

‘‘(3) PUBLICATION.—The report under paragraph (2) shall 

be published or otherwise made available in electronically accessible formats and means, including on the Internet. 

‘‘(m) ABBREVIATED PLANS FOR CERTAIN AREAS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case 

of a metropolitan area not designated as a transportation 

management area under this section, the Secretary may provide 

Web posting. 


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for the development of an abbreviated transportation plan and 

TIP for the metropolitan planning area that the Secretary 

determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. 

‘‘(2) NONATTAINMENT AREAS.—The Secretary may not 

permit abbreviated plans or TIPs for a metropolitan area that 

is in nonattainment for ozone or carbon monoxide under the 

Clean Air Act (42 U.S.C. 7401 et seq.). 

‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

AREAS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provisions 

of this title or chapter 53 of title, for transportation management areas classified as nonattainment for ozone or carbon 

monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et 

seq.), Federal funds may not be advanced in such area for 

any highway project that will result in a significant increase 

in the carrying capacity for single-occupant vehicles unless 

the project is addressed through a congestion management 

process. 

‘‘(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries 

determined under subsection (e). 

‘‘(o) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to confer on a metropolitan planning 

organization the authority to impose legal requirements on any 

transportation facility, provider, or project not eligible under this 

title or chapter 53 of title 49. 

‘‘(p) FUNDING.—Funds set aside under section 104(f) of this 

title or section 5305(g) of title 49 shall be available to carry out 

this section. 

‘‘(q) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since 

plans and TIPs described in this section are subject to a reasonable 

opportunity for public comment, since individual projects included 

in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 

decisions by the Secretary concerning plans and TIPs described 

in this section have not been reviewed under that Act as of January 

1, 1997, any decision by the Secretary concerning a plan or TIP 

described in this section shall not be considered to be a Federal 

action subject to review under that Act.’’. 

(b) STUDY ON METROPOLITAN PLANNING SCENARIO DEVELOPMENT.— 

(1) IN GENERAL.—The Secretary shall evaluate the costs 

and benefits associated with metropolitan planning organizations developing multiple scenarios for consideration as a part 

of the development of their metropolitan transportation plan. 

(2) INCLUSIONS.—The evaluation shall include an analysis 

of the technical and financial capacity of the metropolitan planning organization needed to develop scenarios described in paragraph (1). 

SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 

PLANNING. 

(a) IN GENERAL.—Section 135 of title 23, United States Code, 

is amended to read as follows: 

Evaluation. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 515 

‘‘§ 135. Statewide and nonmetropolitan transportation planning 

‘‘(a) GENERAL REQUIREMENTS.— ‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to 

section 134, to accomplish the objectives stated in section 

134(a), each State shall develop a statewide transportation 

plan and a statewide transportation improvement program for 

all areas of the State. 

‘‘(2) CONTENTS.—The statewide transportation plan and the 

transportation improvement program developed for each State 

shall provide for the development and integrated management 

and operation of transportation systems and facilities (including 

accessible pedestrian walkways and bicycle transportation 

facilities) that will function as an intermodal transportation 

system for the State and an integral part of an intermodal 

transportation system for the United States. 

‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 

the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be 

continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems 

to be addressed. 

‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE

IMPLEMENTATION PLAN.—A State shall— 

‘‘(1) coordinate planning carried out under this section with 

the transportation planning activities carried out under section 

134 for metropolitan areas of the State and with statewide 

trade and economic development planning activities and related 

multistate planning efforts; and 

‘‘(2) develop the transportation portion of the State 

implementation plan as required by the Clean Air Act (42 

U.S.C. 7401 et seq.). 

‘‘(c) INTERSTATE AGREEMENTS.— ‘‘(1) IN GENERAL.—Two or more States may enter into 

agreements or compacts, not in conflict with any law of the 

United States, for cooperative efforts and mutual assistance 

in support of activities authorized under this section related 

to interstate areas and localities in the States and establishing 

authorities the States consider desirable for making the agreements and compacts effective. 

‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend, 

or repeal interstate compacts entered into under this subsection 

is expressly reserved. 

‘‘(d) SCOPE OF PLANNING PROCESS.— 

‘‘(1) IN GENERAL.—Each State shall carry out a statewide 

transportation planning process that provides for consideration 

and implementation of projects, strategies, and services that 

will— 

‘‘(A) support the economic vitality of the United States, 

the States, nonmetropolitan areas, and metropolitan areas, 

especially by enabling global competitiveness, productivity, 

and efficiency; 

‘‘(B) increase the safety of the transportation system 

for motorized and nonmotorized users; 

‘‘(C) increase the security of the transportation system 

for motorized and nonmotorized users; 


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‘‘(D) increase the accessibility and mobility of people 

and freight; 

‘‘(E) protect and enhance the environment, promote 

energy conservation, improve the quality of life, and promote consistency between transportation improvements 

and State and local planned growth and economic development patterns; 

‘‘(F) enhance the integration and connectivity of the 

transportation system, across and between modes throughout the State, for people and freight; 

‘‘(G) promote efficient system management and operation; and 

‘‘(H) emphasize the preservation of the existing 

transportation system. 

‘‘(2) 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 

150(b) of this title and in section 5301(c) of title 49. 

‘‘(B) PERFORMANCE TARGETS.— 

‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.— 

‘‘(I) IN GENERAL.—Each State shall establish 

performance targets that address the performance 

measures described in section 150(c), where 

applicable, to use in tracking progress towards 

attainment of critical outcomes for the State. 

‘‘(II) COORDINATION.—Selection of performance 

targets by a State shall be coordinated with the 

relevant metropolitan planning organizations to 

ensure consistency, to the maximum extent practicable. 

‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—In urbanized areas not represented by a metropolitan planning organization, selection of performance 

targets by a State shall be coordinated, to the maximum extent practicable, with providers of public 

transportation to ensure consistency with sections 

5326(c) and 5329(d) of title 49. 

‘‘(C) 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 targets described 

in this paragraph, in other State transportation plans and 

transportation processes, as well as any plans developed 

pursuant to chapter 53 of title 49 by providers of public 

transportation in urbanized areas not represented by a 

metropolitan planning organization required as part of a 

performance-based program. 

‘‘(D) USE OF PERFORMANCE MEASURES AND TARGETS.— 

The performance measures and targets established under 

this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected 

in the statewide transportation plan and statewide 

transportation improvement program. 


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‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to take 

into consideration the factors specified in paragraphs (1) and 

(2) shall not be subject to review by any court under this 

title, chapter 53 of title 49, subchapter II of chapter 5 of 

title 5, or chapter 7 of title 5 in any matter affecting a statewide 

transportation plan, a statewide transportation improvement 

program, a project or strategy, or the certification of a planning 

process. 

‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out planning 

under this section, each State shall, at a minimum— 

‘‘(1) with respect to nonmetropolitan areas, cooperate with 

affected local officials with responsibility for transportation or, 

if applicable, through regional transportation planning 

organizations described in subsection (m); 

‘‘(2) consider the concerns of Indian tribal governments 

and Federal land management agencies that have jurisdiction 

over land within the boundaries of the State; and 

‘‘(3) consider coordination of transportation plans, the 

transportation improvement program, and planning activities 

with related planning activities being carried out outside of 

metropolitan planning areas and between States. 

‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.— 

‘‘(1) DEVELOPMENT.—Each State shall develop a long-range 

statewide transportation plan, with a minimum 20-year forecast 

period for all areas of the State, that provides for the development and implementation of the intermodal transportation 

system of the State. 

‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

‘‘(A) METROPOLITAN AREAS.—The statewide transportation plan shall be developed for each metropolitan area 

in the State in cooperation with the metropolitan planning 

organization designated for the metropolitan area under 

section 134. 

‘‘(B) NONMETROPOLITAN AREAS.— 

‘‘(i) IN GENERAL.—With respect to nonmetropolitan 

areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if 

applicable, through regional transportation planning 

organizations described in subsection (m). 

‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not 

review or approve the consultation process in each 

State. 

‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 

of the State under the jurisdiction of an Indian tribal 

government, the statewide transportation plan shall be 

developed in consultation with the tribal government and 

the Secretary of the Interior. 

‘‘(D) CONSULTATION, COMPARISON, AND CONSIDERATION.— 

‘‘(i) IN GENERAL.—The long-range transportation 

plan shall be developed, as appropriate, in consultation 

with State, tribal, and local agencies responsible for 

land use management, natural resources, environmental protection, conservation, and historic preservation. 


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‘‘(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i) shall involve comparison of 

transportation plans to State and tribal conservation 

plans or maps, if available, and comparison of transportation plans to inventories of natural or historic 

resources, if available. 

‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— 

‘‘(A) IN GENERAL.—In developing the statewide 

transportation plan, the State shall provide to— 

‘‘(i) nonmetropolitan local elected officials or, if 

applicable, through regional transportation planning 

organizations described in subsection (m), an opportunity to participate in accordance with subparagraph 

(B)(i); and 

‘‘(ii) citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives 

of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other 

interested parties a reasonable opportunity to comment 

on the proposed plan. 

‘‘(B) METHODS.—In carrying out subparagraph (A), the 

State shall, to the maximum extent practicable— 

‘‘(i) develop and document a consultative process 

to carry out subparagraph (A)(i) that is separate and 

discrete from the public involvement process developed 

under clause (ii); 

‘‘(ii) hold any public meetings at convenient and 

accessible locations and times; 

‘‘(iii) employ visualization techniques to describe 

plans; and 

‘‘(iv) make public information available in electronically accessible format and means, such as the 

World Wide Web, as appropriate to afford reasonable 

opportunity for consideration of public information 

under subparagraph (A). 

‘‘(4) MITIGATION ACTIVITIES.— 

‘‘(A) IN GENERAL.—A long-range transportation plan 

shall include a discussion of potential environmental mitigation activities and potential areas to carry out these 

activities, including activities that may have the greatest 

potential to restore and maintain the environmental functions affected by the plan. 

‘‘(B) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife, 

land management, and regulatory agencies. 

‘‘(5) FINANCIAL PLAN.—The statewide transportation plan 

may include— 

‘‘(A) a financial plan that— 

‘‘(i) demonstrates how the adopted statewide 

transportation plan can be implemented; 

‘‘(ii) indicates resources from public and private 

sources that are reasonably expected to be made available to carry out the plan; and 


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‘‘(iii) recommends any additional financing strategies for needed projects and programs; and 

‘‘(B) for illustrative purposes, additional projects that 

would be included in the adopted statewide transportation 

plan if reasonable additional resources beyond those identified in the financial plan were available. 

‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

A State shall not be required to select any project from the 

illustrative list of additional projects included in the financial 

plan described in paragraph (5). 

‘‘(7) PERFORMANCE-BASED APPROACH.—The statewide 

transportation plan should include— 

‘‘(A) a description of the performance measures and 

performance targets used in assessing the performance of 

the transportation system in accordance with subsection 

(d)(2); and 

‘‘(B) a system performance report and subsequent 

updates evaluating the condition and performance of the 

transportation system with respect to the performance targets described in subsection (d)(2), including progress 

achieved by the metropolitan planning organization in 

meeting the performance targets in comparison with system 

performance recorded in previous reports; 

‘‘(8) EXISTING SYSTEM.—The statewide transportation plan 

should include capital, operations and management strategies, 

investments, procedures, and other measures to ensure the 

preservation and most efficient use of the existing transportation system. 

‘‘(9) PUBLICATION OF LONG-RANGE TRANSPORTATION

PLANS.—Each long-range transportation plan prepared by a 

State shall be published or otherwise made available, including 

(to the maximum extent practicable) in electronically accessible 

formats and means, such as the World Wide Web. 

‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.— 

‘‘(1) DEVELOPMENT.— 

‘‘(A) IN GENERAL.—Each State shall develop a statewide 

transportation improvement program for all areas of the 

State. 

‘‘(B) DURATION AND UPDATING OF PROGRAM.—Each program developed under subparagraph (A) shall cover a 

period of 4 years and shall be updated every 4 years 

or more frequently if the Governor of the State elects 

to update more frequently. 

‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

‘‘(A) METROPOLITAN AREAS.—With respect to each 

metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning 

organization designated for the metropolitan area under 

section 134. 

‘‘(B) NONMETROPOLITAN AREAS.— 

‘‘(i) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan 

local officials with responsibility for transportation or, 

if applicable, through regional transportation planning 

organizations described in subsection (m). 

Time period. 

Deadline. 


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‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not 

review or approve the specific consultation process in 

the State. 

‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 

of the State under the jurisdiction of an Indian tribal 

government, the program shall be developed in consultation 

with the tribal government and the Secretary of the 

Interior. 

‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 

the program, the State shall provide citizens, affected public 

agencies, representatives of public transportation employees, 

freight shippers, private providers of transportation, providers 

of freight transportation services, representatives of users of 

public transportation, representatives of users of pedestrian 

walkways and bicycle transportation facilities, representatives 

of the disabled, and other interested parties with a reasonable 

opportunity to comment on the proposed program. 

‘‘(4) 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. 

‘‘(5) INCLUDED PROJECTS.— 

‘‘(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall 

include Federally supported surface transportation 

expenditures within the boundaries of the State. 

‘‘(B) LISTING OF PROJECTS.— 

‘‘(i) IN GENERAL.—An annual listing of projects for 

which funds have been obligated for the preceding 

year in each metropolitan planning area shall be published or otherwise made available by the cooperative 

effort of the State, transit operator, and the metropolitan planning organization for public review. 

‘‘(ii) FUNDING CATEGORIES.—The listing described 

in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation 

improvement program. 

‘‘(C) PROJECTS UNDER CHAPTER 2.— 

‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under 

chapter 2 shall be identified individually in the 

transportation improvement program. 

‘‘(ii) OTHER PROJECTS.—Projects proposed for 

funding under chapter 2 that are not determined to 

be regionally significant shall be grouped in 1 line 

item or identified individually in the transportation 

improvement program. 

‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPORTATION

PLAN.—Each project shall be— 

‘‘(i) consistent with the statewide transportation 

plan developed under this section for the State; 

‘‘(ii) identical to the project or phase of the project 

as described in an approved metropolitan transportation plan; and 


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‘‘(iii) in conformance with the applicable State air 

quality implementation plan developed under the 

Clean Air Act (42 U.S.C. 7401 et seq.), if the project 

is carried out in an area designated as a nonattainment 

area for ozone, particulate matter, or carbon monoxide 

under part D of title I of that Act (42 U.S.C. 7501 

et seq.). 

‘‘(E) REQUIREMENT OF ANTICIPATED FULL FUNDING.— The transportation improvement program shall include a 

project, or an identified phase of a project, only if full 

funding can reasonably be anticipated to be available for 

the project within the time period contemplated for completion of the project. 

‘‘(F) FINANCIAL PLAN.— ‘‘(i) IN GENERAL.—The transportation improvement 

program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources 

from public and private sources that are reasonably 

expected to be made available to carry out the transportation improvement program, and recommends any 

additional financing strategies for needed projects and 

programs. 

‘‘(ii) ADDITIONAL PROJECTS.—The financial plan 

may include, for illustrative purposes, additional 

projects that would be included in the adopted 

transportation plan if reasonable additional resources 

beyond those identified in the financial plan were available. 

‘‘(G) SELECTION OF PROJECTS FROM ILLUSTRATIVE

LIST.— 

‘‘(i) NO REQUIRED SELECTION.—Notwithstanding 

subparagraph (F), a State shall not be required to 

select any project from the illustrative list of additional 

projects included in the financial plan under subparagraph (F). 

‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action 

by the Secretary shall be required for a State to select 

any project from the illustrative list of additional 

projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation 

improvement program. 

‘‘(H) PRIORITIES.—The transportation improvement 

program shall reflect the priorities for programming and 

expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of 

title 49. 

‘‘(6) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000

POPULATION.— 

‘‘(A) IN GENERAL.—Projects carried out in areas with 

populations of less than 50,000 individuals shall be 

selected, from the approved transportation improvement 

program (excluding projects carried out on the National 

Highway System and projects carried out under the bridge 

program or the Interstate maintenance program under this 

title or under sections 5310 and 5311 of title 49), by the 

State in cooperation with the affected nonmetropolitan local 


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officials with responsibility for transportation or, if 

applicable, through regional transportation planning 

organizations described in subsection (m). 

‘‘(B) OTHER PROJECTS.—Projects carried out in areas 

with populations of less than 50,000 individuals on the 

National Highway System or under the bridge program 

or the Interstate maintenance program under this title 

or under sections 5310, 5311, 5316, and 5317 of title 49 

shall be selected, from the approved statewide transportation improvement program, by the State in consultation 

with the affected nonmetropolitan local officials with 

responsibility for transportation. 

‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.— Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved 

by the Secretary if based on a current planning finding. 

‘‘(8) PLANNING FINDING.—A finding shall be made by the 

Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and 

programs are developed is consistent with this section and 

section 134. 

‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary 

shall not be required to advance a project included in the 

approved transportation improvement program in place of 

another project in the program. 

‘‘(h) 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 is making progress 

toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets. 

‘‘(B) The extent to which the State has made transportation investments that are 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 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 MAP–21, 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. 

Web posting. 

Criteria. 

Time period. 


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‘‘(i) FUNDING.—Funds apportioned under section 104(b)(5) of 

this title and set aside under section 5305(g) of title 49 shall 

be available to carry out this section. 

‘‘(j) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION

MANAGEMENT PROCESSES.—For purposes of this section and section 

134, and sections 5303 and 5304 of title 49, State laws, rules, 

or regulations pertaining to congestion management systems or 

programs may constitute the congestion management process under 

this section and section 134, and sections 5303 and 5304 of title 

49, if the Secretary finds that the State laws, rules, or regulations 

are consistent with, and fulfill the intent of, the purposes of this 

section and section 134 and sections 5303 and 5304 of title 49, 

as appropriate. 

‘‘(k) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the 

statewide transportation plan and the transportation improvement 

program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in 

the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 

decisions by the Secretary concerning statewide transportation 

plans or the transportation improvement program described in this 

section have not been reviewed under that Act as of January 1, 

1997, any decision by the Secretary concerning a metropolitan or 

statewide transportation plan or the transportation improvement 

program described in this section shall not be considered to be 

a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(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. 

‘‘(m) DESIGNATION OF REGIONAL TRANSPORTATION PLANNING

ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—To carry out the transportation planning 

process required by this section, a State may establish and 

designate regional transportation planning organizations to 

enhance the planning, coordination, and implementation of 

statewide strategic long-range transportation plans and 

transportation improvement programs, with an emphasis on 

addressing the needs of nonmetropolitan areas of the State. 

‘‘(2) STRUCTURE.—A regional transportation planning 

organization shall be established as a multijurisdictional 

organization of nonmetropolitan local officials or their designees 

who volunteer for such organization and representatives of 

local transportation systems who volunteer for such organization. 

‘‘(3) REQUIREMENTS.—A regional transportation planning 

organization shall establish, at a minimum— 

‘‘(A) a policy committee, the majority of which shall 

consist of nonmetropolitan local officials, or their designees, 

and, as appropriate, additional representatives from the 

Deadline. 

Guidance. 


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State, private business, transportation service providers, 

economic development practitioners, and the public in the 

region; and 

‘‘(B) a fiscal and administrative agent, such as an 

existing regional planning and development organization, 

to provide professional planning, management, and 

administrative support. 

‘‘(4) DUTIES.—The duties of a regional transportation planning organization shall include— 

‘‘(A) developing and maintaining, in cooperation with 

the State, regional long-range multimodal transportation 

plans; 

‘‘(B) developing a regional transportation improvement 

program for consideration by the State; 

‘‘(C) fostering the coordination of local planning, land 

use, and economic development plans with State, regional, 

and local transportation plans and programs; 

‘‘(D) providing technical assistance to local officials; 

‘‘(E) participating in national, multistate, and State 

policy and planning development processes to ensure the 

regional and local input of nonmetropolitan areas; 

‘‘(F) providing a forum for public participation in the 

statewide and regional transportation planning processes; 

‘‘(G) considering and sharing plans and programs with 

neighboring regional transportation planning organizations, metropolitan planning organizations, and, where 

appropriate, tribal organizations; and 

‘‘(H) conducting other duties, as necessary, to support 

and enhance the statewide planning process under subsection (d). 

‘‘(5) STATES WITHOUT REGIONAL TRANSPORTATION PLANNING

ORGANIZATIONS.—If a State chooses not to establish or designate 

a regional transportation planning organization, the State shall 

consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 

title 23, United States Code, is amended by striking the item 

relating to section 135 and inserting the following: 

‘‘135. Statewide and nonmetropolitan transportation planning.’’. 

SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES. 

(a) IN GENERAL.—Section 150 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 150. National goals and performance management measures 

‘‘(a) DECLARATION OF POLICY.—Performance management will 

transform the Federal-aid highway program and provide a means 

to the most efficient investment of Federal transportation funds 

by refocusing on national transportation goals, increasing the 

accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performancebased planning and programming. 

‘‘(b) NATIONAL GOALS.—It is in the interest of the United States 

to focus the Federal-aid highway program on the following national 

goals: 


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‘‘(1) SAFETY.—To achieve a significant reduction in traffic 

fatalities and serious injuries on all public roads. 

‘‘(2) INFRASTRUCTURE CONDITION.—To maintain the highway infrastructure asset system in a state of good repair. 

‘‘(3) CONGESTION REDUCTION.—To achieve a significant 

reduction in congestion on the National Highway System. 

‘‘(4) SYSTEM RELIABILITY.—To improve the efficiency of the 

surface transportation system. 

‘‘(5) FREIGHT MOVEMENT AND ECONOMIC VITALITY.—To 

improve the national freight network, strengthen the ability 

of rural communities to access national and international trade 

markets, and support regional economic development. 

‘‘(6) ENVIRONMENTAL SUSTAINABILITY.—To enhance the 

performance of the transportation system while protecting and 

enhancing the natural environment. 

‘‘(7) REDUCED PROJECT DELIVERY DELAYS.—To reduce 

project costs, promote jobs and the economy, and expedite the 

movement of people and goods by accelerating project completion through eliminating delays in the project development 

and delivery process, including reducing regulatory burdens 

and improving agencies’ work practices. 

‘‘(c) ESTABLISHMENT OF PERFORMANCE MEASURES.— 

‘‘(1) IN GENERAL.—Not later than 18 months after the date 

of enactment of the MAP–21, the Secretary, in consultation 

with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate 

a rulemaking that establishes performance measures and 

standards. 

‘‘(2) ADMINISTRATION.—In carrying out paragraph (1), the 

Secretary shall— 

‘‘(A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to 

comment on any regulation proposed by the Secretary 

under that paragraph; 

‘‘(B) take into consideration any comments relating 

to a proposed regulation received during that comment 

period; and 

‘‘(C) limit performance measures only to those 

described in this subsection. 

‘‘(3) NATIONAL HIGHWAY PERFORMANCE PROGRAM.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), for 

the purpose of carrying out section 119, the Secretary shall 

establish— 

‘‘(i) minimum standards for States to use in developing and operating bridge and pavement management 

systems; 

‘‘(ii) measures for States to use to assess— 

‘‘(I) the condition of pavements on the Interstate system; 

‘‘(II) the condition of pavements on the 

National Highway System (excluding the Interstate); 

‘‘(III) the condition of bridges on the National 

Highway System; 

‘‘(IV) the performance of the Interstate 

System; and 

Standards. 

Deadline. 

Regulations. 


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126 STAT. 526 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(V) the performance of the National Highway 

System (excluding the Interstate System); 

‘‘(iii) minimum levels for the condition of pavement 

on the Interstate System, only for the purposes of 

carrying out section 119(f)(1); and 

‘‘(iv) the data elements that are necessary to collect 

and maintain standardized data to carry out a performance-based approach. 

‘‘(B) REGIONS.—In establishing minimum condition 

levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States 

experience disparate factors contributing to the condition 

of pavement on the Interstate System in those regions, 

the Secretary may establish different minimum levels for 

each region; 

‘‘(4) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the 

purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess— 

‘‘(A) serious injuries and fatalities per vehicle mile 

traveled; and 

‘‘(B) the number of serious injuries and fatalities. 

‘‘(5) CONGESTION MITIGATION AND AIR QUALITY PROGRAM.— For the purpose of carrying out section 149, the Secretary 

shall establish measures for States to use to assess— 

‘‘(A) traffic congestion; and 

‘‘(B) on-road mobile source emissions. 

‘‘(6) NATIONAL FREIGHT MOVEMENT.—The Secretary shall 

establish measures for States to use to assess freight movement 

on the Interstate System. 

‘‘(d) ESTABLISHMENT OF PERFORMANCE TARGETS.— ‘‘(1) IN GENERAL.—Not later than 1 year after the Secretary 

has promulgated the final rulemaking under subsection (c), 

each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection 

(c). 

‘‘(2) DIFFERENT APPROACHES FOR URBAN AND RURAL

AREAS.—In the development and implementation of any 

performance target, a State may, as appropriate, provide for 

different performance targets for urbanized and rural areas. 

‘‘(e) REPORTING ON PERFORMANCE TARGETS.—Not later than 

4 years after the date of enactment of the MAP–21 and biennially 

thereafter, a State shall submit to the Secretary a report that 

describes— 

‘‘(1) the condition and performance of the National Highway 

System in the State; 

‘‘(2) the effectiveness of the investment strategy document 

in the State asset management plan for the National Highway 

System; 

‘‘(3) progress in achieving performance targets identified 

under subsection (d); and 

‘‘(4) the ways in which the State is addressing congestion 

at freight bottlenecks, including those identified in the National 

Freight Strategic Plan, within the State.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 

title 23, United States Code, is amended by striking the item 

relating to section 150 and inserting the following: 

‘‘150. National goals and performance management measures.’’. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 527 

Subtitle C—Acceleration of Project 

Delivery 

SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE. 

(a) IN GENERAL.—It is the policy of the United States that— 

(1) it is in the national interest for the Department, State 

departments of transportation, transit agencies, and all other 

recipients of Federal transportation funds— 

(A) to accelerate project delivery and reduce costs; and 

(B) to ensure that the planning, design, engineering, 

construction, and financing of transportation projects is 

done in an efficient and effective manner, promoting 

accountability for public investments and encouraging 

greater private sector involvement in project financing and 

delivery while enhancing safety and protecting the environment; 

(2) delay in the delivery of transportation projects increases 

project costs, harms the economy of the United States, and 

impedes the travel of the people of the United States and 

the shipment of goods for the conduct of commerce; and 

(3) the Secretary shall identify and promote the deployment 

of innovation aimed at reducing the time and money required 

to deliver transportation projects while enhancing safety and 

protecting the environment. 

(b) PROJECT DELIVERY INITIATIVE.— 

(1) IN GENERAL.—To advance the policy described in subsection (a), the Secretary shall carry out a project delivery 

initiative under this section. 

(2) PURPOSES.—The purposes of the project delivery initiative shall be— 

(A) to develop and advance the use of best practices 

to accelerate project delivery and reduce costs across all 

modes of transportation and expedite the deployment of 

technology and innovation; 

(B) to implement provisions of law designed to accelerate project delivery; and 

(C) to select eligible projects for applying experimental 

features to test innovative project delivery techniques. 

(3) ADVANCING THE USE OF BEST PRACTICES.— 

(A) IN GENERAL.—In carrying out the initiative under 

this section, the Secretary shall identify and advance best 

practices to reduce delivery time and project costs, from 

planning through construction, for transportation projects 

and programs of projects regardless of mode and project 

size. 

(B) ADMINISTRATION.—To advance the use of best practices, the Secretary shall— 

(i) engage interested parties, affected communities, 

resource agencies, and other stakeholders to gather 

information regarding opportunities for accelerating 

project delivery and reducing costs; 

(ii) establish a clearinghouse for the collection, 

documentation, and advancement of existing and new 

innovative approaches and best practices; 

23 USC 101 note. 


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(iii) disseminate information through a variety of 

means to transportation stakeholders on new innovative approaches and best practices; and 

(iv) provide technical assistance to assist transportation stakeholders in the use of flexibility authority 

to resolve project delays and accelerate project delivery 

if feasible. 

(4) IMPLEMENTATION OF ACCELERATED PROJECT DELIVERY.— The Secretary shall ensure that the provisions of this subtitle 

designed to accelerate project delivery are fully implemented, 

including— 

(A) expanding eligibility of early acquisition of property 

prior to completion of environmental review under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.); 

(B) allowing the use of the construction manager or 

general contractor method of contracting in the Federalaid highway system; and 

(C) establishing a demonstration program to streamline 

the relocation process by permitting a lump-sum payment 

for acquisition and relocation if elected by the displaced 

occupant. 

(c) EXPEDITED PROJECT DELIVERY.—Section 101(b) of title 23, 

United States Code, is amended by adding at the end the following: 

‘‘(4) EXPEDITED PROJECT DELIVERY.— 

‘‘(A) IN GENERAL.—Congress declares that it is in the 

national interest to expedite the delivery of surface 

transportation projects by substantially reducing the average length of the environmental review process. 

‘‘(B) POLICY OF THE UNITED STATES.—Accordingly, it 

is the policy of the United States that— 

‘‘(i) the Secretary shall have the lead role among 

Federal agencies in carrying out the environmental 

review process for surface transportation projects; 

‘‘(ii) each Federal agency shall cooperate with the 

Secretary to expedite the environmental review process 

for surface transportation projects; 

‘‘(iii) project sponsors shall not be prohibited from 

carrying out preconstruction project development 

activities concurrently with the environmental review 

process; 

‘‘(iv) programmatic approaches shall be used to 

reduce the need for project-by-project reviews and 

decisions by Federal agencies; and 

‘‘(v) the Secretary shall identify opportunities for 

project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in 

a manner that protects public health, the environment, 

and public participation.’’. 

SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS. 

(a) REAL PROPERTY INTERESTS.—Section 108 of title 23, United 

States Code, is amended— 

(1) by striking ‘‘real property’’ each place it appears and 

inserting ‘‘real property interests’’; 

(2) by striking ‘‘right-of-way’’ each place it appears and 

inserting ‘‘real property interest’’; and 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 529 

(3) by striking ‘‘rights-of-way’’ each place it appears and 

inserting ‘‘real property interests’’. 

(b) STATE-FUNDED EARLY ACQUISITION OF REAL PROPERTY

INTERESTS.—Section 108(c) of title 23, United States Code, is 

amended— 

(1) in the subsection heading, by striking ‘‘EARLY ACQUISI- TION OF RIGHTS-OF-WAY’’ and inserting ‘‘STATE-FUNDED EARLY

ACQUISITION OF REAL PROPERTY INTERESTS’’; 

(2) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; 

(3) in paragraph (2) (as so redesignated)— 

(A) in the heading, by striking ‘‘GENERAL RULE’’ and 

inserting ‘‘ELIGIBILITY FOR REIMBURSEMENT’’; and 

(B) by striking ‘‘Subject to paragraph (2)’’ and inserting 

‘‘Subject to paragraph (3)’’; 

(4) by inserting before paragraph (2) (as so redesignated) 

the following: 

‘‘(1) IN GENERAL.—A State may carry out, at the expense 

of the State, acquisitions of interests in real property for a 

project before completion of the review process required for 

the project under the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) without affecting subsequent 

approvals required for the project by the State or any Federal 

agency.’’; and 

(5) in paragraph (3) (as so redesignated)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘in paragraph (1)’’ and inserting ‘‘in paragraph 

(2)’’; and 

(B) in subparagraph (G), by striking ‘‘both the Secretary and the Administrator of the Environmental Protection Agency have concurred’’ and inserting ‘‘the Secretary 

has determined’’. 

(c) FEDERALLY FUNDED ACQUISITION OF REAL PROPERTY

INTERESTS.—Section 108 of title 23, United States Code, is amended 

by adding at the end the following: 

‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION OF REAL PROPERTY

INTERESTS.— 

‘‘(1) DEFINITION OF ACQUISITION OF A REAL PROPERTY

INTEREST.—In this subsection, the term ‘acquisition of a real 

property interest’ includes the acquisition of— 

‘‘(A) any interest in land; 

‘‘(B) a contractual right to acquire any interest in land; 

or 

‘‘(C) any other similar action to acquire or preserve 

rights-of-way for a transportation facility. 

‘‘(2) AUTHORIZATION.—The Secretary may authorize the use 

of funds apportioned to a State under this title for the acquisition of a real property interest by a State. 

‘‘(3) STATE CERTIFICATION.—A State requesting Federal 

funding for an acquisition of a real property interest shall 

certify in writing, with concurrence by the Secretary, that— 

‘‘(A) the State has authority to acquire the real property 

interest under State law; and 

‘‘(B) the acquisition of the real property interest— 

‘‘(i) is for a transportation purpose; 

‘‘(ii) will not cause any significant adverse environmental impact; 


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126 STAT. 530 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(iii) will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for 

the project; 

‘‘(iv) does not prevent the lead agency from making 

an impartial decision as to whether to accept an alternative that is being considered in the environmental 

review process; 

‘‘(v) is consistent with the State transportation 

planning process under section 135; 

‘‘(vi) complies with other applicable Federal laws 

(including regulations); 

‘‘(vii) will be acquired through negotiation, without 

the threat of condemnation; and 

‘‘(viii) will not result in a reduction or elimination 

of benefits or assistance to a displaced person required 

by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 

et seq.) and title VI of the Civil Rights Act of 1964 

(42 U.S.C. 2000d et seq.). 

‘‘(4) ENVIRONMENTAL COMPLIANCE.— 

‘‘(A) IN GENERAL.—Before authorizing Federal funding 

for an acquisition of a real property interest, the Secretary 

shall complete the review process under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

with respect to the acquisition of the real property interest. 

‘‘(B) INDEPENDENT UTILITY.—The acquisition of a real 

property interest— 

‘‘(i) shall be treated as having independent utility 

for purposes of the review process under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.); and 

‘‘(ii) shall not limit consideration of alternatives 

for future transportation improvements with respect 

to the real property interest. 

‘‘(5) PROGRAMMING.— 

‘‘(A) IN GENERAL.—The acquisition of a real property 

interest for which Federal funding is requested shall be 

included as a project in an applicable transportation 

improvement program under sections 134 and 135 and 

sections 5303 and 5304 of title 49. 

‘‘(B) ACQUISITION PROJECT.—The acquisition project 

may consist of the acquisition of a specific parcel, a portion 

of a transportation corridor, or an entire transportation 

corridor. 

‘‘(6) DEVELOPMENT.—Real property interests acquired 

under this subsection may not be developed in anticipation 

of a project until all required environmental reviews for the 

project have been completed. 

‘‘(7) REIMBURSEMENT.—If Federal-aid reimbursement is 

made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds 

within the time allowed by subsection (a)(2), the Secretary 

shall offset the amount reimbursed against funds apportioned 

to the State. 

‘‘(8) OTHER REQUIREMENTS AND CONDITIONS.— 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 531 

‘‘(A) APPLICABLE LAW.—The acquisition of a real property interest shall be carried out in compliance with all 

requirements applicable to the acquisition of real property 

interests for federally funded transportation projects. 

‘‘(B) ADDITIONAL CONDITIONS.—The Secretary may 

establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines 

to be appropriate.’’. 

SEC. 1303. LETTING OF CONTRACTS. 

(a) EFFICIENCIES IN CONTRACTING.—Section 112(b) of title 23, 

United States Code, is amended by adding at the end the following: 

‘‘(4) METHOD OF CONTRACTING.— ‘‘(A) IN GENERAL.— ‘‘(i) 2-PHASE CONTRACT.—A contracting agency may 

award a 2-phase contract to a construction manager 

or general contractor for preconstruction and construction services. 

‘‘(ii) PRECONSTRUCTION SERVICES PHASE.—In the 

preconstruction services phase of a contract under this 

paragraph, the contractor shall provide the contracting 

agency with advice for scheduling, work sequencing, 

cost engineering, constructability, cost estimating, and 

risk identification. 

‘‘(iii) AGREEMENT.—Prior to the start of the 

construction services phase, the contracting agency and 

the contractor may agree to a price and other factors 

specified in regulation for the construction of the 

project or a portion of the project. 

‘‘(iv) CONSTRUCTION PHASE.—If an agreement is 

reached under clause (iii), the contractor shall be 

responsible for the construction of the project or portion 

of the project at the negotiated price and in compliance 

with the other factors specified in the agreement. 

‘‘(B) SELECTION.—A contract shall be awarded to a 

contractor under this paragraph using a competitive selection process based on qualifications, experience, best value, 

or any other combination of factors considered appropriate 

by the contracting agency. 

‘‘(C) TIMING.— 

‘‘(i) RELATIONSHIP TO NEPA PROCESS.—Prior to the 

completion of the environmental review process 

required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may— 

‘‘(I) issue requests for proposals; 

‘‘(II) proceed with the award of a contract for 

preconstruction services under subparagraph 

(A)(ii); and 

‘‘(III) issue notices to proceed with a preliminary design and any work related to preliminary 

design, to the extent that those actions do not 

limit any reasonable range of alternatives. 

‘‘(ii) CONSTRUCTION SERVICES PHASE.—A contracting agency shall not proceed with the award of 

the construction services phase of a contract under 

subparagraph (A)(iv) and shall not proceed, or permit 


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126 STAT. 532 PUBLIC LAW 112–141—JULY 6, 2012 

any consultant or contractor to proceed, with final 

design or construction until completion of the environmental review process required under section 102 of 

the National Environmental Policy Act of 1969 (42 

U.S.C. 4332). 

‘‘(iii) APPROVAL REQUIREMENT.—Prior to authorizing construction activities, the Secretary shall 

approve— 

‘‘(I) the price estimate of the contracting 

agency for the entire project; and 

‘‘(II) any price agreement with the general 

contractor for the project or a portion of the project. 

‘‘(iv) DESIGN ACTIVITIES.— ‘‘(I) IN GENERAL.—A contracting agency may 

proceed, at the expense of the contracting agency, 

with design activities at any level of detail for 

a project before completion of the review process 

required for the project under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) without affecting subsequent approvals 

required for the project. 

‘‘(II) REIMBURSEMENT.—Design activities carried out under subclause (I) shall be eligible for 

Federal reimbursement as a project expense in 

accordance with the requirements under section 

109(r). 

‘‘(v) TERMINATION PROVISION.—The Secretary shall 

require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.’’. 

(b) REGULATIONS.—The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a). 

(c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this section or the amendment made by this section affects the authority 

to carry out, or any project carried out under, any experimental 

program concerning construction manager risk that is being carried 

out by the Secretary as of the date of enactment of this Act. 

SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. 

(a) DECLARATION OF POLICY.— 

(1) IN GENERAL.—Congress declares that it is in the 

national interest to promote the use of innovative technologies 

and practices that increase the efficiency of construction of, 

improve the safety of, and extend the service life of highways 

and bridges. 

(2) INCLUSIONS.—The innovative technologies and practices 

described in paragraph (1) include state-of-the-art intelligent 

transportation system technologies, elevated performance 

standards, and new highway construction business practices 

that improve highway safety and quality, accelerate project 

delivery, and reduce congestion related to highway construction. 

(b) FEDERAL SHARE.—Section 120(c) of title 23, United States 

Code, is amended by adding at the end the following: 

‘‘(3) INNOVATIVE PROJECT DELIVERY.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(C), the Federal share payable on account of a project, 

23 USC 101 note. 

23 USC 112 note. 

23 USC 112 note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 533 

program, or activity carried out with funds apportioned 

under paragraph (1), (2), or (5) of section 104(b) may, 

at the discretion of the State, be up to 100 percent for 

any such project, program, or activity that the Secretary 

determines— 

‘‘(i) contains innovative project delivery methods 

that improve work zone safety for motorists or workers 

and the quality of the facility; 

‘‘(ii) contains innovative technologies, manufacturing processes, financing, or contracting methods 

that improve the quality of, extend the service life 

of, or decrease the long-term costs of maintaining highways and bridges; 

‘‘(iii) accelerates project delivery while complying 

with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or 

‘‘(iv) reduces congestion related to highway 

construction. 

‘‘(B) EXAMPLES.—Projects, programs, and activities 

described in subparagraph (A) may include the use of— 

‘‘(i) prefabricated bridge elements and systems and 

other technologies to reduce bridge construction time; 

‘‘(ii) innovative construction equipment, materials, 

or techniques, including the use of in-place recycling 

technology and digital 3-dimensional modeling technologies; 

‘‘(iii) innovative contracting methods, including the 

design-build and the construction manager-general 

contractor contracting methods; 

‘‘(iv) intelligent compaction equipment; or 

‘‘(v) contractual provisions that offer a contractor 

an incentive payment for early completion of the 

project, program, or activity, subject to the condition 

that the incentives are accounted for in the financial 

plan of the project, when applicable. 

‘‘(C) LIMITATIONS.— 

‘‘(i) IN GENERAL.—In each fiscal year, a State may 

use the authority under subparagraph (A) for up to 

10 percent of the combined apportionments of the State 

under paragraphs (1), (2), and (5) of section 104(b). 

‘‘(ii) FEDERAL SHARE INCREASE.—The Federal share 

payable on account of a project, program, or activity 

described in subparagraph (A) may be increased by 

up to 5 percent of the total project cost.’’. 

SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 

DECISIONMAKING. 

(a) FLEXIBILITY.—Section 139(b) of title 23, United States Code, 

is amended— 

(1) in paragraph (2) by inserting ‘‘, and any requirements 

established under this section may be satisfied,’’ after ‘‘exercised’’; and 

(2) by adding at the end the following: 

‘‘(3) PROGRAMMATIC COMPLIANCE.— 


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126 STAT. 534 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(A) IN GENERAL.—The Secretary shall initiate a rulemaking to allow for the use of programmatic approaches 

to conduct environmental reviews that— 

‘‘(i) eliminate repetitive discussions of the same 

issues; 

‘‘(ii) focus on the actual issues ripe for analyses 

at each level of review; and 

‘‘(iii) are consistent with— 

‘‘(I) the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.); and 

‘‘(II) other applicable laws. 

‘‘(B) REQUIREMENTS.—In carrying out subparagraph 

(A), the Secretary shall— 

‘‘(i) before initiating the rulemaking under that 

subparagraph, consult with relevant Federal agencies 

and State resource agencies, State departments of 

transportation, Indian tribes, and the public on the 

appropriate use and scope of the programmatic 

approaches; 

‘‘(ii) emphasize the importance of collaboration 

among relevant Federal agencies, State agencies, and 

Indian tribes in undertaking programmatic reviews, 

especially with respect to including reviews with a 

broad geographic scope; 

‘‘(iii) ensure that the programmatic reviews— 

‘‘(I) promote transparency, including of the 

analyses and data used in the environmental 

reviews, the treatment of any deferred issues 

raised by agencies or the public, and the temporal 

and special scales to be used to analyze such 

issues; 

‘‘(II) use accurate and timely information in 

reviews, including— 

‘‘(aa) criteria for determining the general 

duration of the usefulness of the review; and 

‘‘(bb) the timeline for updating any outof-date review; 

‘‘(III) describe— 

‘‘(aa) the relationship between programmatic analysis and future tiered analysis; 

and 

‘‘(bb) the role of the public in the creation 

of future tiered analysis; and 

‘‘(IV) are available to other relevant Federal 

and State agencies, Indian tribes, and the public; 

‘‘(iv) allow not fewer than 60 days of public notice 

and comment on any proposed rule; and 

‘‘(v) address any comments received under clause 

(iv).’’. 

(b) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United 

States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘The Department of Transportation’’ 

and inserting the following: 

‘‘(A) IN GENERAL.—The Department of Transportation’’; 

and 

(B) by adding at the end the following: 

Time period. 

Public notice and 

comments. 

Consultation. 

Regulations. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 535 

‘‘(B) MODAL ADMINISTRATION.—If the project requires 

approval from more than 1 modal administration within 

the Department, the Secretary may designate a single 

modal administration to serve as the Federal lead agency 

for the Department in the environmental review process 

for the project.’’. 

(c) PARTICIPATING AGENCIES.—Section 139(d) of title 23, United 

States Code, is amended— 

(1) by striking paragraph (4) and inserting the following: 

‘‘(4) EFFECT OF DESIGNATION.— ‘‘(A) REQUIREMENT.—A participating agency shall 

comply with the requirements of this section. 

‘‘(B) IMPLICATION.—Designation as a participating 

agency under this subsection shall not imply that the 

participating agency— 

‘‘(i) supports a proposed project; or 

‘‘(ii) has any jurisdiction over, or special expertise 

with respect to evaluation of, the project.’’; and 

(2) by striking paragraph (7) and inserting the following: 

‘‘(7) CONCURRENT REVIEWS.—Each participating agency and 

cooperating agency shall— 

‘‘(A) carry out the obligations of that agency under 

other applicable law concurrently, and in conjunction, with 

the review required under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing 

so would impair the ability of the Federal agency to conduct 

needed analysis or otherwise carry out those obligations; 

and 

‘‘(B) formulate and implement administrative, policy, 

and procedural mechanisms to enable the agency to ensure 

completion of the environmental review process in a timely, 

coordinated, and environmentally responsible manner.’’. 

(d) PROJECT INITIATION.—Section 139(e) of title 23, United 

States Code, is amended— 

(1) by striking ‘‘The project sponsor’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—The project sponsor’’; and 

(2) by adding at the end the following: 

‘‘(2) SUBMISSION OF DOCUMENTS.—The project sponsor may 

satisfy the requirement under paragraph (1) by submitting 

to the Secretary any relevant documents containing the 

information described in that paragraph, including a draft 

notice for publication in the Federal Register announcing the 

preparation of an environmental review for the project.’’. 

(e) COORDINATION AND SCHEDULING.—Section 139(g)(1)(B)(i) of 

title 23, United States Code, is amended by inserting ‘‘and the 

concurrence of’’ after ‘‘consultation with’’. 

SEC. 1306. ACCELERATED DECISIONMAKING. 

Section 139(h) of title 23, United States Code, is amended 

by striking paragraph (4) and inserting the following: 

‘‘(4) INTERIM DECISION ON ACHIEVING ACCELERATED

DECISIONMAKING.— 

‘‘(A) IN GENERAL.—Not later than 30 days after the 

close of the public comment period on a draft environmental 

impact statement, the Secretary may convene a meeting 

with the project sponsor, lead agency, resource agencies, 

Deadline. 

Federal Register, 

publication. 


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126 STAT. 536 PUBLIC LAW 112–141—JULY 6, 2012 

and any relevant State agencies to ensure that all parties 

are on schedule to meet deadlines for decisions to be made 

regarding the project. 

‘‘(B) DEADLINES.—The deadlines referred to in subparagraph (A) shall be those established under subsection (g), 

or any other deadlines established by the lead agency, 

in consultation with the project sponsor and other relevant 

agencies. 

‘‘(C) FAILURE TO ASSURE.—If the relevant agencies 

cannot provide reasonable assurances that the deadlines 

described in subparagraph (B) will be met, the Secretary 

may initiate the issue resolution and referral process 

described under paragraph (5) and before the completion 

of the record of decision. 

‘‘(5) ACCELERATED ISSUE RESOLUTION AND REFERRAL.— ‘‘(A) AGENCY ISSUE RESOLUTION MEETING.— ‘‘(i) IN GENERAL.—A Federal agency of jurisdiction, 

project sponsor, or the Governor of a State in which 

a project is located may request an issue resolution 

meeting to be conducted by the lead agency. 

‘‘(ii) ACTION BY LEAD AGENCY.—The lead agency 

shall convene an issue resolution meeting under clause 

(i) with the relevant participating agencies and the 

project sponsor, including the Governor only if the 

meeting was requested by the Governor, to resolve 

issues that could— 

‘‘(I) delay completion of the environmental 

review process; or 

‘‘(II) result in denial of any approvals required 

for the project under applicable laws. 

‘‘(iii) DATE.—A meeting requested under this 

subparagraph shall be held by not later than 21 days 

after the date of receipt of the request for the meeting, 

unless the lead agency determines that there is good 

cause to extend the time for the meeting. 

‘‘(iv) NOTIFICATION.—On receipt of a request for 

a meeting under this subparagraph, the lead agency 

shall notify all relevant participating agencies of the 

request, including the issue to be resolved, and the 

date for the meeting. 

‘‘(v) DISPUTES.—If a relevant participating agency 

with jurisdiction over an approval required for a project 

under applicable law determines that the relevant 

information necessary to resolve the issue has not been 

obtained and could not have been obtained within a 

reasonable time, but the lead agency disagrees, the 

resolution of the dispute shall be forwarded to the 

heads of the relevant agencies for resolution. 

‘‘(vi) CONVENTION BY LEAD AGENCY.—A lead agency 

may convene an issue resolution meeting under this 

subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State. 

‘‘(B) ELEVATION OF ISSUE RESOLUTION.— 

‘‘(i) IN GENERAL.—If issue resolution is not 

achieved by not later than 30 days after the date 

of a relevant meeting under subparagraph (A), the 

Deadline. 

Notification. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 537 

Secretary shall notify the lead agency, the heads of 

the relevant participating agencies, and the project 

sponsor (including the Governor only if the initial issue 

resolution meeting request came from the Governor) 

that an issue resolution meeting will be convened. 

‘‘(ii) REQUIREMENTS.—The Secretary shall identify 

the issues to be addressed at the meeting and convene 

the meeting not later than 30 days after the date 

of issuance of the notice. 

‘‘(C) REFERRAL OF ISSUE RESOLUTION.— ‘‘(i) REFERRAL TO COUNCIL ON ENVIRONMENTAL

QUALITY.— 

‘‘(I) IN GENERAL.—If resolution is not achieved 

by not later than 30 days after the date of an 

issue resolution meeting under subparagraph (B), 

the Secretary shall refer the matter to the Council 

on Environmental Quality. 

‘‘(II) MEETING.—Not later than 30 days after 

the date of receipt of a referral from the Secretary 

under subclause (I), the Council on Environmental 

Quality shall hold an issue resolution meeting with 

the lead agency, the heads of relevant participating 

agencies, and the project sponsor (including the 

Governor only if an initial request for an issue 

resolution meeting came from the Governor). 

‘‘(ii) REFERRAL TO THE PRESIDENT.—If a resolution 

is not achieved by not later than 30 days after the 

date of the meeting convened by the Council on 

Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President. 

‘‘(6) FINANCIAL PENALTY PROVISIONS.— 

‘‘(A) IN GENERAL.—A Federal agency of jurisdiction over 

an approval required for a project under applicable laws 

shall complete any required approval on an expeditious 

basis using the shortest existing applicable process. 

‘‘(B) FAILURE TO DECIDE.— 

‘‘(i) IN GENERAL.—If an agency described in 

subparagraph (A) fails to render a decision under any 

Federal law relating to a project that requires the 

preparation of an environmental impact statement or 

environmental assessment, including the issuance or 

denial of a permit, license, or other approval by the 

date described in clause (ii), an amount of funding 

equal to the amounts specified in subclause (I) or (II) 

shall be rescinded from the applicable office of the 

head of the agency, or equivalent office to which the 

authority for rendering the decision has been delegated 

by law by not later than 1 day after the applicable 

date under clause (ii), and once each week thereafter 

until a final decision is rendered, subject to subparagraph (C)— 

‘‘(I) $20,000 for any project for which an 

annual financial plan under section 106(i) is 

required; or 

‘‘(II) $10,000 for any other project requiring 

preparation of an environmental assessment or 

environmental impact statement. 

Meeting. 

Deadline. 


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126 STAT. 538 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(ii) DESCRIPTION OF DATE.—The date referred to 

in clause (i) is the later of— 

‘‘(I) the date that is 180 days after the date 

on which an application for the permit, license, 

or approval is complete; and 

‘‘(II) the date that is 180 days after the date 

on which the Federal lead agency issues a decision 

on the project under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(C) LIMITATIONS.— 

‘‘(i) IN GENERAL.—No rescission of funds under 

subparagraph (B) relating to an individual project shall 

exceed, in any fiscal year, an amount equal to 2.5 

percent of the funds made available for the applicable 

agency office. 

‘‘(ii) FAILURE TO DECIDE.—The total amount 

rescinded in a fiscal year as a result of a failure by 

an agency to make a decision by an applicable deadline 

shall not exceed an amount equal to 7 percent of the 

funds made available for the applicable agency office 

for that fiscal year. 

‘‘(D) NO FAULT OF AGENCY.—A rescission of funds under 

this paragraph shall not be made if the lead agency for 

the project certifies that— 

‘‘(i) the agency has not received necessary information or approvals from another entity, such as the 

project sponsor, in a manner that affects the ability 

of the agency to meet any requirements under State, 

local, or Federal law; or 

‘‘(ii) significant new information or circumstances, 

including a major modification to an aspect of the 

project, requires additional analysis for the agency to 

make a decision on the project application. 

‘‘(E) LIMITATION.—The Federal agency with jurisdiction 

for the decision from which funds are rescinded pursuant 

to this paragraph shall not reprogram funds to the office 

of the head of the agency, or equivalent office, to reimburse 

that office for the loss of the funds. 

‘‘(F) AUDITS.—In any fiscal year in which any funds 

are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall— 

‘‘(i) conduct an audit to assess compliance with 

the requirements of this paragraph; and 

‘‘(ii) not later than 120 days after the end of the 

fiscal year during which the rescission occurred, submit 

to the Committee on Environment and Public Works 

of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives 

a report describing the reasons why the transfers were 

levied, including allocations of resources. 

‘‘(G) EFFECT OF PARAGRAPH.—Nothing in this paragraph affects or limits the application of, or obligation 

to comply with, any Federal, State, local, or tribal law. 

‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To ensure that 

Federal environmental decisions and reviews are expeditiously 

made— 

Deadline. 

Time period. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 539 

‘‘(A) adequate resources made available under this title 

shall be devoted to ensuring that applicable environmental 

reviews under the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process 

under that Act is implemented; and 

‘‘(B) the President shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Environment and 

Public Works of the Senate, not less frequently than once 

every 120 days after the date of enactment of the MAP– 

21, a report on the status and progress of the following 

projects and activities funded under this title with respect 

to compliance with applicable requirements under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.): 

‘‘(i) Projects and activities required to prepare an 

annual financial plan under section 106(i). 

‘‘(ii) A sample of not less than 5 percent of the 

projects requiring preparation of an environmental 

impact statement or environmental assessment in each 

State.’’. 

SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES. 

Section 139(j) of title 23, United States Code, is amended by 

adding at the end the following: 

‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior to providing 

funds approved by the Secretary for dedicated staffing at an 

affected Federal agency under paragraphs (1) and (2), the 

affected Federal agency and the State agency shall enter into 

a memorandum of understanding that establishes the projects 

and priorities to be addressed by the use of the funds.’’. 

SEC. 1308. LIMITATIONS ON CLAIMS. 

Section 139(l) of title 23, United States Code, is amended— 

(1) in paragraph (1) by striking ‘‘180 days’’ and inserting 

‘‘150 days’’; and 

(2) in paragraph (2) by striking ‘‘180 days’’ and inserting 

‘‘150 days’’. 

SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS 

WITHIN 4 YEARS. 

Section 139 of title 23, United States Code, is amended by 

adding at the end the following: 

‘‘(m) ENHANCED TECHNICAL ASSISTANCE AND ACCELERATED

PROJECT COMPLETION.— 

‘‘(1) DEFINITION OF COVERED PROJECT.—In this subsection, 

the term ‘covered project’ means a project— 

‘‘(A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

‘‘(B) for which at least 2 years, beginning on the date 

on which a notice of intent is issued, have elapsed without 

the issuance of a record of decision. 

‘‘(2) TECHNICAL ASSISTANCE.—At the request of a project 

sponsor or the Governor of a State in which a project is located, 

the Secretary shall provide additional technical assistance to 

President. 

Deadline. 

Reports. 


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126 STAT. 540 PUBLIC LAW 112–141—JULY 6, 2012 

resolve for a covered project any outstanding issues and project 

delay, including by— 

‘‘(A) providing additional staff, training, and expertise; 

‘‘(B) facilitating interagency coordination; 

‘‘(C) promoting more efficient collaboration; and 

‘‘(D) supplying specialized onsite assistance. 

‘‘(3) SCOPE OF WORK.— 

‘‘(A) IN GENERAL.—In providing technical assistance 

for a covered project under this subsection, the Secretary 

shall establish a scope of work that describes the actions 

that the Secretary will take to resolve the outstanding 

issues and project delays, including establishing a schedule 

under subparagraph (B). 

‘‘(B) SCHEDULE.— 

‘‘(i) IN GENERAL.—The Secretary shall establish 

and meet a schedule for the completion of any permit, 

approval, review, or study, required for the covered 

project by the date that is not later than 4 years 

after the date on which a notice of intent for the 

covered project is issued. 

‘‘(ii) INCLUSIONS.—The schedule under clause (i) 

shall— 

‘‘(I) comply with all applicable laws; 

‘‘(II) require the concurrence of the Council 

on Environmental Quality and each participating 

agency for the project with the State in which 

the project is located or the project sponsor, as 

applicable; and 

‘‘(III) reflect any new information that becomes 

available and any changes in circumstances that 

may result in new significant impacts that could 

affect the timeline for completion of any permit, 

approval, review, or study required for the covered 

project. 

‘‘(4) CONSULTATION.—In providing technical assistance for 

a covered project under this subsection, the Secretary shall 

consult, if appropriate, with resource and participating agencies 

on all methods available to resolve the outstanding issues and 

project delays for a covered project as expeditiously as possible. 

‘‘(5) ENFORCEMENT.— 

‘‘(A) IN GENERAL.—All provisions of this section shall 

apply to this subsection, including the financial penalty 

provisions under subsection (h)(6). 

‘‘(B) RESTRICTION.—If the Secretary enforces this subsection under subsection (h)(6), the Secretary may use a 

date included in a schedule under paragraph (3)(B) that 

is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii).’’. 

SEC. 1310. INTEGRATION OF PLANNING AND ENVIRONMENTAL 

REVIEW. 

(a) IN GENERAL.—Chapter 1 of title 23, United States Code 

(as amended by section 1115(a)), is amended by adding at the 

end the following: 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 541 

‘‘§ 168. Integration of planning and environmental review 

‘‘(a) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ means the process for preparing for 

a project an environmental impact statement, environmental 

assessment, categorical exclusion, or other document prepared 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.). 

‘‘(2) PLANNING PRODUCT.—The term ‘planning product’ 

means a detailed and timely decision, analysis, study, or other 

documented information that— 

‘‘(A) is the result of an evaluation or decisionmaking 

process carried out during transportation planning, 

including a detailed corridor plan or a transportation plan 

developed under section 134 that fully analyzes impacts 

on mobility, adjacent communities, and the environment; 

‘‘(B) is intended to be carried into the transportation 

project development process; and 

‘‘(C) has been approved by the State, all local and 

tribal governments where the project is located, and by 

any relevant metropolitan planning organization. 

‘‘(3) PROJECT.—The term ‘project’ has the meaning given 

the term in section 139(a). 

‘‘(4) PROJECT SPONSOR.—The term ‘project sponsor’ has the 

meaning given the term in section 139(a). 

‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN NEPA PROCEEDINGS.— 

‘‘(1) IN GENERAL.—Subject to the conditions set forth in 

subsection (d), the Federal lead agency for a project may adopt 

and use a planning product in proceedings relating to any 

class of action in the environmental review process of the 

project. 

‘‘(2) IDENTIFICATION.—When the Federal lead agency makes 

a determination to adopt and use a planning product, the 

Federal lead agency shall identify those agencies that participated in the development of the planning products. 

‘‘(3) PARTIAL ADOPTION OF PLANNING PRODUCTS.—The Federal lead agency may adopt a planning product under paragraph 

(1) in its entirety or may select portions for adoption. 

‘‘(4) TIMING.—A determination under paragraph (1) with 

respect to the adoption of a planning product may be made 

at the time the lead agencies decide the appropriate scope 

of environmental review for the project but may also occur 

later in the environmental review process, as appropriate. 

‘‘(c) APPLICABILITY.— 

‘‘(1) PLANNING DECISIONS.—Planning decisions that may 

be adopted pursuant to this section include— 

‘‘(A) whether tolling, private financial assistance, or 

other special financial measures are necessary to implement the project; 

‘‘(B) a decision with respect to modal choice, including 

a decision to implement corridor or subarea study recommendations to advance different modal solutions as 

separate projects with independent utility; 

‘‘(C) a basic description of the environmental setting; 


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126 STAT. 542 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(D) a decision with respect to methodologies for analysis; and 

‘‘(E) an identification of programmatic level mitigation 

for potential impacts that the Federal lead agency, in consultation with Federal, State, local, and tribal resource 

agencies, determines are most effectively addressed at a 

regional or national program level, including— 

‘‘(i) system-level measures to avoid, minimize, or 

mitigate impacts of proposed transportation investments on environmental resources, including regional 

ecosystem and water resources; and 

‘‘(ii) potential mitigation activities, locations, and 

investments. 

‘‘(2) PLANNING ANALYSES.—Planning analyses that may be 

adopted pursuant to this section include studies with respect 

to— 

‘‘(A) travel demands; 

‘‘(B) regional development and growth; 

‘‘(C) local land use, growth management, and development; 

‘‘(D) population and employment; 

‘‘(E) natural and built environmental conditions; 

‘‘(F) environmental resources and environmentally sensitive areas; 

‘‘(G) potential environmental effects, including the 

identification of resources of concern and potential cumulative effects on those resources, identified as a result of 

a statewide or regional cumulative effects assessment; and 

‘‘(H) mitigation needs for a proposed action, or for 

programmatic level mitigation, for potential effects that 

the Federal lead agency determines are most effectively 

addressed at a regional or national program level. 

‘‘(d) CONDITIONS.—Adoption and use of a planning product 

under this section is subject to a determination by the Federal 

lead agency, with the concurrence of other participating agencies 

with relevant expertise and project sponsors as appropriate, and 

with an opportunity for public notice and comment and consideration of those comments by the Federal lead agency, that the 

following conditions have been met: 

‘‘(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law. 

‘‘(2) The planning product was developed by engaging in 

active consultation with appropriate Federal and State resource 

agencies and Indian tribes. 

‘‘(3) The planning process included broad multidisciplinary 

consideration of systems-level or corridor-wide transportation 

needs and potential effects, including effects on the human 

and natural environment. 

‘‘(4) During the planning process, notice was provided 

through publication or other means to Federal, State, local, 

and tribal governments that might have an interest in the 

proposed project, and to members of the general public, of 

the planning products that the planning process might produce 

and that might be relied on during any subsequent environmental review process, and such entities have been provided 

an appropriate opportunity to participate in the planning 

process leading to such planning product. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 543 

‘‘(5) After initiation of the environmental review process, 

but prior to determining whether to rely on and use the planning product, the lead Federal agency has made documentation 

relating to the planning product available to Federal, State, 

local, and tribal governments that may have an interest in 

the proposed action, and to members of the general public, 

and has considered any resulting comments. 

‘‘(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the 

continued validity or appropriateness of the planning product. 

‘‘(7) The planning product has a rational basis and is based 

on reliable and reasonably current data and reasonable and 

scientifically acceptable methodologies. 

‘‘(8) The planning product is documented in sufficient detail 

to support the decision or the results of the analysis and to 

meet requirements for use of the information in the environmental review process. 

‘‘(9) The planning product is appropriate for adoption and 

use in the environmental review process for the project. 

‘‘(10) The planning product was approved not later than 

5 years prior to date on which the information is adopted 

pursuant to this section. 

‘‘(e) EFFECT OF ADOPTION.—Any planning product adopted by 

the Federal lead agency in accordance with this section may be 

incorporated directly into an environmental review process document or other environmental document and may be relied upon 

and used by other Federal agencies in carrying out reviews of 

the project. 

‘‘(f) RULES OF CONSTRUCTION.— ‘‘(1) IN GENERAL.—This section shall not be construed to 

make the environmental review process applicable to the 

transportation planning process conducted under this title and 

chapter 53 of title 49. 

‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of 

the environmental review process as a part of, or concurrently 

with, transportation planning activities does not subject 

transportation plans and programs to the environmental review 

process. 

‘‘(3) PLANNING PRODUCTS.—This section shall not be construed to affect the use of planning products in the environmental review process pursuant to other authorities under any 

other provision of law or to restrict the initiation of the environmental review process during planning.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis 

for chapter 1 of title 23, United States Code (as amended by 

section 1115(b)), is amended by adding at end the following: 

‘‘Sec. 168. Integration of planning and environmental review.’’. 

SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS. 

(a) IN GENERAL.—Chapter 1 of title 23, United States Code 

(as amended by section 1310(a)), is amended by adding at the 

end the following: 

‘‘§ 169. Development of programmatic mitigation plans 

‘‘(a) IN GENERAL.—As part of the statewide or metropolitan 

transportation planning process, a State or metropolitan planning 

organization may develop 1 or more programmatic mitigation plans 


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126 STAT. 544 PUBLIC LAW 112–141—JULY 6, 2012 

to address the potential environmental impacts of future transportation projects. 

‘‘(b) SCOPE.— 

‘‘(1) SCALE.—A programmatic mitigation plan may be developed on a regional, ecosystem, watershed, or statewide scale. 

‘‘(2) RESOURCES.—The plan may encompass multiple 

environmental resources within a defined geographic area or 

may focus on a specific resource, such as aquatic resources, 

parkland, or wildlife habitat. 

‘‘(3) PROJECT IMPACTS.—The plan may address impacts 

from all projects in a defined geographic area or may focus 

on a specific type of project. 

‘‘(4) CONSULTATION.—The scope of the plan shall be determined by the State or metropolitan planning organization, as 

appropriate, in consultation with the agency or agencies with 

jurisdiction over the resources being addressed in the mitigation 

plan. 

‘‘(c) CONTENTS.—A programmatic mitigation plan may include— 

‘‘(1) an assessment of the condition of environmental 

resources in the geographic area covered by the plan, including 

an assessment of recent trends and any potential threats to 

those resources; 

‘‘(2) an assessment of potential opportunities to improve 

the overall quality of environmental resources in the geographic 

area covered by the plan, through strategic mitigation for 

impacts of transportation projects; 

‘‘(3) standard measures for mitigating certain types of 

impacts; 

‘‘(4) parameters for determining appropriate mitigation for 

certain types of impacts, such as mitigation ratios or criteria 

for determining appropriate mitigation sites; 

‘‘(5) adaptive management procedures, such as protocols 

that involve monitoring predicted impacts over time and 

adjusting mitigation measures in response to information gathered through the monitoring; and 

‘‘(6) acknowledgment of specific statutory or regulatory 

requirements that must be satisfied when determining appropriate mitigation for certain types of resources. 

‘‘(d) PROCESS.—Before adopting a programmatic mitigation 

plan, a State or metropolitan planning organization shall— 

‘‘(1) consult with each agency with jurisdiction over the 

environmental resources considered in the programmatic mitigation plan; 

‘‘(2) make a draft of the plan available for review and 

comment by applicable environmental resource agencies and 

the public; 

‘‘(3) consider any comments received from such agencies 

and the public on the draft plan; and 

‘‘(4) address such comments in the final plan. 

‘‘(e) INTEGRATION WITH OTHER PLANS.—A programmatic mitigation plan may be integrated with other plans, including watershed 

plans, ecosystem plans, species recovery plans, growth management 

plans, and land use plans. 

‘‘(f) CONSIDERATION IN PROJECT DEVELOPMENT AND PERMITTING.—If a programmatic mitigation plan has been developed pursuant to this section, any Federal agency responsible for environmental reviews, permits, or approvals for a transportation project 

Consultation. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 545 

may use the recommendations in a programmatic mitigation plan 

when carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(g) PRESERVATION OF EXISTING AUTHORITIES.—Nothing in this 

section limits the use of programmatic approaches to reviews under 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.).’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis 

for chapter 1 of title 23, United States Code (as amended by 

section 1309(b)), is amended by adding at the end the following: 

‘‘Sec. 169. Development of programmatic mitigation plans.’’. 

SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS. 

Section 326 of title 23, United States Code, is amended— 

(1) in subsection (a) by adding at the end the following: 

‘‘(4) PRESERVATION OF FLEXIBILITY.—The Secretary shall 

not require a State, as a condition of assuming responsibility 

under this section, to forego project delivery methods that are 

otherwise permissible for highway projects.’’; 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) TERMINATION.— 

‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may 

terminate any assumption of responsibility under a memorandum of understanding on a determination that the State 

is not adequately carrying out the responsibilities assigned 

to the State. 

‘‘(2) TERMINATION BY THE STATE.—The State may terminate 

the participation of the State in the program at any time 

by providing to the Secretary a notice not later than the date 

that is 90 days before the date of termination, and subject 

to such terms and conditions as the Secretary may provide.’’; 

and 

(3) by adding at the end the following: 

‘‘(f) LEGAL FEES.—A State assuming the responsibilities of the 

Secretary under this section for a specific project may use funds 

apportioned to the State under section 104(b)(2) for attorney’s fees 

directly attributable to eligible activities associated with the 

project.’’. 

SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. 

(a) PROGRAM NAME.—Section 327 of title 23, United States 

Code, is amended— 

(1) in the section heading by striking ‘‘PILOT’’; and 

(2) in subsection (a)(1) by striking ‘‘pilot’’. 

(b) ASSUMPTION OF RESPONSIBILITY.—Section 327(a)(2) of title 

23, United States Code, is amended— 

(1) in subparagraph (B)— 

(A) in clause (i) by striking ‘‘but’’; and 

(B) by striking clause (ii) and inserting the following: 

‘‘(ii) at the request of the State, the Secretary 

may also assign to the State, and the State may 

assume, the responsibilities of the Secretary with 

respect to 1 or more railroad, public transportation, 

or multimodal projects within the State under the 

National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.); 

Notice. 

Deadline. 


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126 STAT. 546 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(iii) in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient 

of assistance under chapter 53 of title 49 may request 

that the Secretary maintain the responsibilities of the 

Secretary with respect to 1 or more public transportation projects within the State under the National 

Environmental Policy Act of 1969 (42 U.S.C. 13 4321 

et seq.); but 

‘‘(iv) the Secretary may not assign— 

‘‘(I) any responsibility imposed on the Secretary by section 134 or 135 or section 5303 or 

5304 of title 49; or 

‘‘(II) responsibility for any conformity determination required under section 176 of the Clean 

Air Act (42 U.S.C. 7506).’’; and 

(2) by adding at the end the following: 

‘‘(F) PRESERVATION OF FLEXIBILITY.—The Secretary 

may not require a State, as a condition of participation 

in the program, to forego project delivery methods that 

are otherwise permissible for projects. 

‘‘(G) LEGAL FEES.—A State assuming the responsibilities of the Secretary under this section for a specific project 

may use funds apportioned to the State under section 

104(b)(2) for attorneys’ fees directly attributable to eligible 

activities associated with the project.’’. 

(c) STATE PARTICIPATION.—Section 327(b) of title 23, United 

States Code, is amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) PARTICIPATING STATES.—All States are eligible to 

participate in the program.’’; and 

(2) in paragraph (2) by striking ‘‘date of enactment of 

this section, the Secretary shall promulgate’’ and inserting ‘‘date 

on which amendments to this section by the MAP-21 take 

effect, the Secretary shall amend, as appropriate,’’. 

(d) WRITTEN AGREEMENT.—Section 327(c) of title 23, United 

States Code, is amended— 

(1) in paragraph (3)(D) by striking the period at the end 

and inserting a semicolon; and 

(2) by adding at the end the following: 

‘‘(4) require the State to provide to the Secretary any 

information the Secretary considers necessary to ensure that 

the State is adequately carrying out the responsibilities 

assigned to the State; 

‘‘(5) have a term of not more than 5 years; and 

‘‘(6) be renewable.’’. 

(e) CONFORMING AMENDMENT.—Section 327(e) of title 23, 

United States Code, is amended by striking ‘‘subsection (i)’’ and 

inserting ‘‘subsection (j)’’. 

(f) AUDITS.—Section 327(g)(1)(B) of title 23, United States Code, 

is amended by striking ‘‘subsequent year’’ and inserting ‘‘of the 

third and fourth years’’. 

(g) MONITORING.—Section 327 of title 23, United States Code, 

is amended— 

(1) by redesignating subsections (h) and (i) as subsections 

(i) and (j), respectively; and 

(2) by inserting after subsection (g) the following: 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 547 

‘‘(h) MONITORING.—After the fourth year of the participation 

of a State in the program, the Secretary shall monitor compliance 

by the State with the written agreement, including the provision 

by the State of financial resources to carry out the written agreement.’’. 

(h) TERMINATION.—Section 327(j) of title 23, United States Code 

(as so redesignated), is amended to read as follows: 

‘‘(j) TERMINATION.— ‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may 

terminate the participation of any State in the program if— 

‘‘(A) the Secretary determines that the State is not 

adequately carrying out the responsibilities assigned to 

the State; 

‘‘(B) the Secretary provides to the State— 

‘‘(i) notification of the determination of noncompliance; and 

‘‘(ii) a period of at least 30 days during which 

to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and 

‘‘(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory 

corrective action, as determined by the Secretary. 

‘‘(2) TERMINATION BY THE STATE.—The State may terminate 

the participation of the State in the program at any time 

by providing to the Secretary a notice by not later than the 

date that is 90 days before the date of termination, and subject 

to such terms and conditions as the Secretary may provide.’’. 

(i) CLERICAL AMENDMENT.—The item relating to section 327 

in the analysis of title 23, United States Code, is amended to 

read as follows: 

‘‘327. Surface transportation project delivery program.’’. 

SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR 

MULTIMODAL PROJECTS. 

(a) IN GENERAL.—Section 304 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 304. Application of categorical exclusions for multimodal 

projects 

‘‘(a) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) COOPERATING AUTHORITY.—The term ‘cooperating 

authority’ means a Department of Transportation operating 

authority that is not the lead authority with respect to a 

project. 

‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means 

a Department of Transportation operating administration or 

secretarial office that— 

‘‘(A) is the lead authority over a proposed multimodal 

project; and 

‘‘(B) has determined that the components of the project 

that fall under the modal expertise of the lead authority— 

‘‘(i) satisfy the conditions for a categorical exclusion 

under implementing regulations or procedures of the 

lead authority under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 

Notice. 

Deadline. 

Time period. 

Notification. 


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126 STAT. 548 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(ii) do not require the preparation of an environmental assessment or environmental impact statement 

under that Act. 

‘‘(3) MULTIMODAL PROJECT.—The term ‘multimodal project’ 

has the meaning given the term in section 139(a) of title 23. 

‘‘(b) EXERCISE OF AUTHORITIES.—The authorities granted in 

this section may be exercised for a multimodal project, class of 

projects, or program of projects that are carried out under this 

title. 

‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

MULTIMODAL PROJECTS.—In considering the environmental impacts 

of a proposed multimodal project, a lead authority may apply a 

categorical exclusion designated under the implementing regulations or procedures of a cooperating authority for other components 

of the project, subject to the conditions that— 

‘‘(1) the multimodal project is funded under 1 grant agreement administered by the lead authority; 

‘‘(2) the multimodal project has components that require 

the expertise of a cooperating authority to assess the environmental impacts of the components; 

‘‘(3) the component of the project to be covered by the 

categorical exclusion of the cooperating authority has independent utility; 

‘‘(4) the cooperating authority, in consultation with the 

lead authority— 

‘‘(A) follows implementing regulations or procedures 

under the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.); and 

‘‘(B) determines that a categorical exclusion under that 

Act applies to the components; and 

‘‘(5) the lead authority has determined that— 

‘‘(A) the project, using the categorical exclusions of 

the lead authority and each applicable cooperating 

authority, does not individually or cumulatively have a 

significant impact on the environment; and 

‘‘(B) extraordinary circumstances do not exist that 

merit additional analysis and documentation in an environmental impact statement or environmental assessment 

required under the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). 

‘‘(d) MODAL COOPERATION.— 

‘‘(1) IN GENERAL.—A cooperating authority shall provide 

modal expertise to the lead authority on such aspects of the 

multimodal project in which the cooperating authority has 

expertise. 

‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a case described 

in paragraph (1), the 1 or more categorical exclusions of a 

cooperating authority may be applied by the lead authority 

once the cooperating authority reviews the project on behalf 

of the lead authority and determines the project satisfies the 

conditions for a categorical exclusion under the implementing 

regulations or procedures of the cooperating authority under 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) and this section.’’. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 549 

(b) CONFORMING AMENDMENT.—The item relating to section 

304 in the analysis for title 49, United States Code, is amended 

to read as follows: 

‘‘304. Application of categorical exclusions for multimodal projects’’. 

SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES. 

(a) IN GENERAL.—Not later than 30 days after the date of 

enactment of this Act, for the repair or reconstruction of any road, 

highway, or bridge that is in operation or under construction when 

damaged by an emergency declared by the Governor of the State 

and concurred in by the Secretary, or for a disaster or emergency 

declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

seq.), the Secretary shall publish a notice of proposed rulemaking 

to treat any such repair or reconstruction activity as a class of 

action categorically excluded from the requirements relating to 

environmental assessments or environmental impact statements 

under section 1508.4 of title 40, Code of Federal Regulations, and 

section 771.117 of title 23, Code of Federal Regulations (as in 

effect on the date of enactment of this Act) if such repair or 

reconstruction activity is— 

(1) in the same location with the same capacity, dimensions, 

and design as the original road, highway, or bridge as before 

the declaration described in this section; and 

(2) commenced within a 2-year period beginning on the 

date of a declaration described in this section. 

(b) RULEMAKING.— 

(1) IN GENERAL.—The Secretary shall ensure that the rulemaking helps to conserve Federal resources and protects public 

safety and health by providing for periodic evaluations to determine if reasonable alternatives exist to roads, highways, or 

bridges that repeatedly require repair and reconstruction activities. 

(2) REASONABLE ALTERNATIVES.—The reasonable alternatives described in paragraph (1) include actions that could 

reduce the need for Federal funds to be expended on such 

repair and reconstruction activities, better protect public safety 

and health and the environment, and meet transportation needs 

as described in relevant and applicable Federal, State, local 

and tribal plans. 

SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE 

RIGHT-OF-WAY. 

(a) IN GENERAL.—The Secretary shall— 

(1) not later than 180 days after the date of enactment 

of this Act, designate any project (as defined in section 101(a) 

of title 23, United States Code) within an existing operational 

right-of-way as an action categorically excluded from the 

requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, 

Code of Federal Regulations, and section 771.117(c) of title 

23, Code of Federal Regulations; and 

(2) not later than 150 days after the date of enactment 

of this Act, promulgate regulations to carry out paragraph 

(1). 

(b) DEFINITION OF AN OPERATIONAL RIGHT-OF-WAY.—In this 

section, the term ‘‘operational right-of-way’’ means all real property 

Deadlines. 

23 USC 109 note. 

Deadline. 

Notice. 

Regulations. 

23 USC 109 note. 


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126 STAT. 550 PUBLIC LAW 112–141—JULY 6, 2012 

interests acquired for the construction, operation, or mitigation 

of a project (as defined in section 101(a) of title 23, United States 

Code), including the locations of the roadway, bridges, interchanges, 

culverts, drainage, clear zone, traffic control signage, landscaping, 

and any rest areas with direct access to a controlled access highway. 

SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary shall—* 

(1) designate as an action categorically excluded from the 

requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, 

Code of Federal Regulations, and section 771.117(c) of title 

23, Code of Federal Regulations, any project— (A) that receives less than $5,000,000 of Federal funds; 

or 

(B) with a total estimated cost of not more than 

$30,000,000 and Federal funds comprising less than 15 

percent of the total estimated project cost; and 

(2) not later than 150 days after the date of enactment 

of this Act, promulgate regulations to carry out paragraph 

(1). 

SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL EXCLUSIONS. 

(a) IN GENERAL.—Not later than 60 days after the date of 

enactment of this Act, the Secretary shall— 

(1) survey the use by the Department of categorical exclusions in transportation projects since 2005; 

(2) publish a review of the survey that includes a description of— 

(A) the types of actions categorically excluded; and 

(B) any requests previously received by the Secretary 

for new categorical exclusions; and 

(3) solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations, 

or other government agencies for new categorical exclusions. 

(b) NEW CATEGORICAL EXCLUSIONS.—Not later than 120 days 

after the date of enactment of this Act, the Secretary shall publish 

a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent 

that the categorical exclusions meet the criteria for a categorical 

exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(a) of title 23, Code of Federal Regulations 

(as those regulations are in effect on the date of the notice). 

(c) ADDITIONAL ACTIONS.—The Secretary shall issue a proposed 

rulemaking to move the following types of actions from subsection 

(d) of section 771.117 of title 23, Code of Federal Regulations 

(as in effect on the date of enactment of this Act), to subsection 

(c) of that section, to the extent that such movement complies 

with the criteria for a categorical exclusion under section 1508.4 

of title 40, Code of Federal Regulations (as in effect on the date 

of enactment of this Act): 

(1) Modernization of a highway by resurfacing, restoration, 

rehabilitation, reconstruction, adding shoulders, or adding 

auxiliary lanes (including parking, weaving, turning, and 

climbing). 

Regulations. 

Deadline. 

Publication. 

Survey. 

Deadline. 

23 USC 109 note. 

Deadline. 

23 USC 109 note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 551 

(2) Highway safety or traffic operations improvement 

projects, including the installation of ramp metering control 

devices and lighting. 

(3) Bridge rehabilitation, reconstruction, or replacement 

or the construction of grade separation to replace existing atgrade railroad crossings. 

(d) PROGRAMMATIC AGREEMENTS.— (1) IN GENERAL.—The Secretary shall seek opportunities 

to enter into programmatic agreements with the States that 

establish efficient administrative procedures for carrying out 

environmental and other required project reviews. 

(2) INCLUSIONS.—Programmatic agreements authorized 

under paragraph (1) may include agreements that allow a State 

to determine on behalf of the Federal Highway Administration 

whether a project is categorically excluded from the preparation 

of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

(3) DETERMINATIONS.—An agreement described in paragraph (2) may include determinations by the Secretary of the 

types of projects categorically excluded (consistent with section 

1508.4 of title 40, Code of Federal Regulations) in the State 

in addition to the types listed in subsections (c) and (d) of 

section 771.117 of title 23, Code of Federal Regulations (as 

in effect on the date of enactment of this Act). 

SEC. 1319. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 

REVIEWS. 

(a) IN GENERAL.—In preparing a final environmental impact 

statement under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), if the lead agency modifies the statement 

in response to comments that are minor and are confined to factual 

corrections or explanations of why the comments do not warrant 

additional agency response, the lead agency may write on errata 

sheets attached to the statement instead of rewriting the draft 

statement, subject to the condition that the errata sheets— 

(1) cite the sources, authorities, or reasons that support 

the position of the agency; and 

(2) if appropriate, indicate the circumstances that would 

trigger agency reappraisal or further response. 

(b) INCORPORATION.—To the maximum extent practicable, the 

lead agency shall expeditiously develop a single document that 

consists of a final environmental impact statement and a record 

of decision, unless— 

(1) the final environmental impact statement makes 

substantial changes to the proposed action that are relevant 

to environmental or safety concerns; or 

(2) there are significant new circumstances or information 

relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action. 

SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY 

COORDINATION. 

(a) IN GENERAL.—It is the sense of Congress that— 

(1) the Secretary and other Federal agencies with relevant 

jurisdiction in the environmental review process should 

cooperate with each other and other agencies on environmental 

review and project delivery activities at the earliest practicable 

23 USC 139 note. 

42 USC 4332a 

note. 


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126 STAT. 552 PUBLIC LAW 112–141—JULY 6, 2012 

time to avoid delays and duplication of effort later in the 

process, head off potential conflicts, and ensure that planning 

and project development decisions reflect environmental values; 

and 

(2) such cooperation should include the development of 

policies and the designation of staff that advise planning agencies or project sponsors of studies or other information 

foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian 

tribes. 

(b) TECHNICAL ASSISTANCE.—If requested at any time by a 

State or local planning agency, the Secretary and other Federal 

agencies with relevant jurisdiction in the environmental review 

process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State 

or local planning agency on accomplishing the early coordination 

activities described in subsection (d). 

(c) MEMORANDUM OF AGENCY AGREEMENT.—If requested at any 

time by a State or local planning agency, the lead agency, in 

consultation with other Federal agencies with relevant jurisdiction 

in the environmental review process, may establish memoranda 

of agreement with the project sponsor, State, and local governments 

and other appropriate entities to accomplish the early coordination 

activities described in subsection (d). 

(d) EARLY COORDINATION ACTIVITIES.—Early coordination 

activities shall include, to the maximum extent practicable, the 

following: 

(1) Technical assistance on identifying potential impacts 

and mitigation issues in an integrated fashion. 

(2) The potential appropriateness of using planning products and decisions in later environmental reviews. 

(3) The identification and elimination from detailed study 

in the environmental review process of the issues that are 

not significant or that have been covered by prior environmental 

reviews. 

(4) The identification of other environmental review and 

consultation requirements so that the lead and cooperating 

agencies may prepare, as appropriate, other required analyses 

and studies concurrently with planning activities. 

(5) The identification by agencies with jurisdiction over 

any permits related to the project of any and all relevant 

information that will reasonably be required for the project. 

(6) The reduction of duplication between requirements 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) and State and local planning and environmental 

review requirements, unless the agencies are specifically barred 

from doing so by applicable law. 

(7) Timelines for the completion of agency actions during 

the planning and environmental review processes. 

(8) Other appropriate factors. 

SEC. 1321. ENVIRONMENTAL PROCEDURES INITIATIVE. 

(a) ESTABLISHMENT.—For grant programs under which funds 

are distributed by formula by the Department, the Secretary shall 

establish an initiative to review and develop consistent procedures 

for environmental permitting and procurement requirements that 

Review. 

Contracts. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 553 

apply to a project carried out under title 23, United States Code, 

or chapter 53 of title 49, United States Code. 

(b) REPORT.—The Secretary shall publish the results of the 

initiative described in subsection (a) in an electronically accessible 

format. 

SEC. 1322. REVIEW OF STATE ENVIRONMENTAL REVIEWS AND 

APPROVALS FOR THE PURPOSE OF ELIMINATING 

DUPLICATION OF ENVIRONMENTAL REVIEWS. 

For environmental reviews and approvals carried out on 

projects funded under title 23, United States Code, the Comptroller 

General of the United States shall— 

(1) review State laws and procedures for conducting 

environmental reviews with regard to such projects and identify 

the States that have environmental laws that provide environmental protections and opportunities for public involvement 

that are equivalent to those provided by Federal environmental 

laws; 

(2) determine the frequency and cost of environmental 

reviews carried out at the Federal level that are duplicative 

of State reviews that provide equivalent environmental protections and opportunities for public involvement; and 

(3) not later than 2 years after the date of enactment 

of this Act, submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a 

report that describes the results of the review and determination made under this section. 

SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY. 

(a) COMPLETION TIME ASSESSMENTS AND REPORTS.— 

(1) IN GENERAL.—For projects funded under title 23, United 

States Code, the Secretary shall compare— 

(A)(i) the completion times of categorical exclusions, 

environmental assessments, and environmental impact 

statements initiated after calendar year 2005; to 

(ii) the completion times of categorical exclusions, 

environmental assessments, and environmental impact 

statements initiated during a period prior to calendar year 

2005; and 

(B)(i) the completion times of categorical exclusions, 

environmental assessments, and environmental impact 

statements initiated during the period beginning on 

January 1, 2005, and ending on the date of enactment 

of this Act; to 

(ii) the completion times of categorical exclusions, 

environmental assessments, and environmental impact 

statements initiated after the date of enactment of this 

Act. 

(2) REPORT.—The Secretary shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public 

Works of the Senate— 

(A) not later than 1 year after the date of enactment 

of this Act, a report that— 

(i) describes the results of the review conducted 

under paragraph (1)(A); and 

Deadline. 

Determination. 


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126 STAT. 554 PUBLIC LAW 112–141—JULY 6, 2012 

(ii) identifies any change in the timing for completions, including the reasons for any such change and 

the reasons for delays in excess of 5 years; and 

(B) not later than 5 years after the date of enactment 

of this Act, a report that— 

(i) describes the results of the review conducted 

under paragraph (1)(B); and 

(ii) identifies any change in the timing for completions, including the reasons for any such change and 

the reasons for delays in excess of 5 years. 

(b) ADDITIONAL REPORT.—Not later than 2 years after the date 

of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works 

of the Senate a report on the types and justification for the additional categorical exclusions granted under the authority provided 

under sections 1316 and 1317. 

(c) GAO REPORT.—The Comptroller General of the United 

States shall— 

(1) assess the reforms carried out under this subtitle 

(including the amendments made by this subtitle); and 

(2) not later than 5 years after the date of enactment 

of this Act, submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a 

report that describes the results of the assessment. 

(d) INSPECTOR GENERAL REPORT.—The Inspector General of 

the Department of Transportation shall— 

(1) assess the reforms carried out under this subtitle 

(including the amendments made by this subtitle); and 

(2) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Environment and Public Works of the Senate— 

(A) not later than 2 years after the date of enactment 

of this Act, an initial report of the findings of the Inspector 

General; and 

(B) not later than 4 years after the date of enactment 

of this Act, a final report of the findings. 

Subtitle D—Highway Safety 

SEC. 1401. JASON’S LAW. 

(a) IN GENERAL.—It is the sense of Congress that it is a national 

priority to address projects under this section for the shortage 

of long-term parking for commercial motor vehicles on the National 

Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. 

(b) ELIGIBLE PROJECTS.—Eligible projects under this section 

are those that— 

(1) serve the National Highway System; and 

(2) may include the following: 

(A) Constructing safety rest areas (as defined in section 

120(c) of title 23, United States Code) that include parking 

for commercial motor vehicles. 

23 USC 137 note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 555 

(B) Constructing commercial motor vehicle parking 

facilities adjacent to commercial truck stops and travel 

plazas. 

(C) Opening existing facilities to commercial motor 

vehicle parking, including inspection and weigh stations 

and park-and-ride facilities. 

(D) Promoting the availability of publicly or privately 

provided commercial motor vehicle parking on the National 

Highway System using intelligent transportation systems 

and other means. 

(E) Constructing turnouts along the National Highway 

System for commercial motor vehicles. 

(F) Making capital improvements to public commercial 

motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open yearround. 

(G) Improving the geometric design of interchanges 

on the National Highway System to improve access to 

commercial motor vehicle parking facilities. 

(c) SURVEY AND COMPARATIVE ASSESSMENT.— 

(1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Secretary, in consultation with 

relevant State motor carrier safety personnel, shall conduct 

a survey of each State— 

(A) to evaluate the capability of the State to provide 

adequate parking and rest facilities for commercial motor 

vehicles engaged in interstate transportation; 

(B) to assess the volume of commercial motor vehicle 

traffic in the State; and 

(C) to develop a system of metrics to measure the 

adequacy of commercial motor vehicle parking facilities 

in the State. 

(2) RESULTS.—The results of the survey under paragraph 

(1) shall be made available to the public on the website of 

the Department of Transportation. 

(3) PERIODIC UPDATES.—The Secretary shall periodically 

update the survey under this subsection. 

(d) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE INFRASTRUCTURE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), a 

State may establish electric vehicle charging stations or natural 

gas vehicle refueling stations for the use of battery-powered 

or natural gas-fueled trucks or other motor vehicles at any 

parking facility funded or authorized under this Act or title 

23, United States Code. 

(2) EXCEPTION.—Electric vehicle battery charging stations 

or natural gas vehicle refueling stations may not be established 

or supported under paragraph (1) if commercial establishments 

serving motor vehicle users are prohibited by section 111 of 

title 23, United States Code. 

(3) FUNDS.—Charging or refueling stations described in 

paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located. 

(e) TREATMENT OF PROJECTS.—Notwithstanding any other 

provision of law, projects funded through the authority provided 

under this section shall be treated as projects on a Federal-aid 

highway under chapter 1 of title 23, United States Code. 

Public 

information. 

Web posting. 

Deadline. 


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126 STAT. 556 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 1402. OPEN CONTAINER REQUIREMENTS. 

Section 154(c) of title 23, United States Code, is amended— 

(1) by striking paragraph (2) and inserting the following: 

‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

‘‘(A) RESERVATION OF FUNDS.—On October 1, 2011, and 

each October 1 thereafter, if a State has not enacted or 

is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal 

to 2.5 percent of the funds to be apportioned to the State 

on that date under each of paragraphs (1) and (2) of section 

104(b) until the State certifies to the Secretary the means 

by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) 

and paragraph (3). 

‘‘(B) TRANSFER OF FUNDS.—As soon as practicable after 

the date of receipt of a certification from a State under 

subparagraph (A), the Secretary shall— 

‘‘(i) transfer the reserved funds identified by the 

State for use as described in subparagraphs (A) and 

(B) of paragraph (1) to the apportionment of the State 

under section 402; and 

‘‘(ii) release the reserved funds identified by the 

State as described in paragraph (3).’’; 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

‘‘(A) IN GENERAL.—A State may elect to use all or 

a portion of the funds transferred under paragraph (2) 

for activities eligible under section 148. 

‘‘(B) STATE DEPARTMENTS OF TRANSPORTATION.—If the 

State makes an election under subparagraph (A), the funds 

shall be transferred to the department of transportation 

of the State, which shall be responsible for the administration of the funds.’’; and 

(3) by striking paragraph (5) and inserting the following: 

‘‘(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The 

amount to be transferred under paragraph (2) may be derived 

from the following: 

‘‘(A) The apportionment of the State under section 

104(b)(l). 

‘‘(B) The apportionment of the State under section 

104(b)(2).’’. 

SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR 

DRIVING WHILE INTOXICATED OR DRIVING UNDER THE 

INFLUENCE. 

(a) DEFINITIONS.—Section 164(a) of title 23, United States Code, 

is amended— 

(1) by striking paragraph (3); 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(3) and (4), respectively; and 

(3) in paragraph (4) (as so redesignated) by striking 

subparagraph (A) and inserting the following: 

‘‘(A) receive— 

‘‘(i) a suspension of all driving privileges for not 

less than 1 year; or 

‘‘(ii) a suspension of unlimited driving privileges 

for 1 year, allowing for the reinstatement of limited 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 557 

driving privileges subject to restrictions and limited 

exemptions as established by State law, if an ignition 

interlock device is installed for not less than 1 year 

on each of the motor vehicles owned or operated, or 

both, by the individual;’’. 

(b) TRANSFER OF FUNDS.—Section 164(b) of title 23, United 

States Code, is amended— 

(1) by striking paragraph (2) and inserting the following: 

‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— ‘‘(A) RESERVATION OF FUNDS.—On October 1, 2011, and 

each October 1 thereafter, if a State has not enacted or 

is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of 

the funds to be apportioned to the State on that date 

under each of paragraphs (1) and (2) of section 104(b) 

until the State certifies to the Secretary the means by 

which the States will use those reserved funds among 

the uses authorized under subparagraphs (A) and (B) of 

paragraph (1), and paragraph (3). 

‘‘(B) TRANSFER OF FUNDS.—As soon as practicable after 

the date of receipt of a certification from a State under 

subparagraph (A), the Secretary shall— 

‘‘(i) transfer the reserved funds identified by the 

State for use as described in subparagraphs (A) and 

(B) of paragraph (1) to the apportionment of the State 

under section 402; and 

‘‘(ii) release the reserved funds identified by the 

State as described in paragraph (3).’’; 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

‘‘(A) IN GENERAL.—A State may elect to use all or 

a portion of the funds transferred under paragraph (2) 

for activities eligible under section 148. 

‘‘(B) STATE DEPARTMENTS OF TRANSPORTATION.—If the 

State makes an election under subparagraph (A), the funds 

shall be transferred to the department of transportation 

of the State, which shall be responsible for the administration of the funds.’’; and 

(3) by striking paragraph (5) and inserting the following: 

‘‘(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The 

amount to be transferred under paragraph (2) may be derived 

from the following: 

‘‘(A) The apportionment of the State under section 

104(b)(1). 

‘‘(B) The apportionment of the State under section 

104(b)(2).’’. 

SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS. 

(a) VEHICLE WEIGHT LIMITATIONS.—Section 127(a)(1) of title 

23, United States Code, is amended by striking ‘‘No funds shall 

be apportioned in any fiscal year under section 104(b)(1) of this 

title to any State which’’ and inserting ‘‘The Secretary shall withhold 

50 percent of the apportionment of a State under section 104(b)(1) 

in any fiscal year in which the State’’. 

(b) CONTROL OF JUNKYARDS.—Section 136 of title 23, United 

States Code, is amended— 

(1) in subsection (b), in the first sentence— 


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126 STAT. 558 PUBLIC LAW 112–141—JULY 6, 2012 

(A) by striking ‘‘10 per centum’’ and inserting ‘‘7 percent’’; and 

(B) by striking ‘‘section 104 of this title’’ and inserting 

‘‘paragraphs (1) through (5) of section 104(b)’’; and 

(2) by adding at the end the following: 

‘‘(n) DEFINITIONS.—For purposes of this section, the terms ‘primary system’ and ‘Federal-aid primary system’ mean any highway 

that is on the National Highway System, which includes the Interstate Highway System.’’. 

(c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT LAWS.—Section 

141(b)(2) of title 23, United States Code, is amended— 

(1) by striking ‘‘10 per centum’’ and inserting ‘‘7 percent’’; 

and 

(2) by striking ‘‘section 104 of this title’’ and inserting 

‘‘paragraphs (1) through (5) of section 104(b)’’. 

(d) PROOF OF PAYMENT OF THE HEAVY VEHICLE USE TAX.— 

Section 141(c) of title 23, United States Code, is amended— 

(1) by striking ‘‘section 104(b)(4)’’ each place it appears 

and inserting ‘‘section 104(b)(1)’’; and 

(2) in the first sentence by striking ‘‘25 per centum’’ and 

inserting ‘‘8 percent’’. 

(e) USE OF SAFETY BELTS.—Section 153(h) of title 23, United 

States Code, is amended— 

(1) by striking paragraph (1); 

(2) by redesignating paragraph (2) as paragraph (1); 

(3) in paragraph (1) (as so redesignated)— 

(A) by striking the paragraph heading and inserting 

‘‘PRIOR TO FISCAL YEAR 2012’’; and 

(B) by inserting ‘‘and before October 1, 2011,’’ after 

‘‘September 30, 1994,’’; and 

(4) by inserting after paragraph (1) (as so redesignated) 

the following: 

‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, at any time 

in a fiscal year beginning after September 30, 2011, a State 

does not have in effect a law described in subsection (a)(2), 

the Secretary shall transfer an amount equal to 2 percent 

of the funds apportioned to the State for the succeeding fiscal 

year under each of paragraphs (1) through (3) of section 104(b) 

to the apportionment of the State under section 402.’’. 

(f) NATIONAL MINIMUM DRINKING AGE.—Section 158(a)(1) of 

title 23, United States Code, is amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(A) FISCAL YEARS BEFORE 2012.—The Secretary’’; and 

(2) by adding at the end the following: 

‘‘(B) FISCAL YEAR 2012 AND THEREAFTER.—For fiscal 

year 2012 and each fiscal year thereafter, the amount 

to be withheld under this section shall be an amount equal 

to 8 percent of the amount apportioned to the noncompliant 

State, as described in subparagraph (A), under paragraphs 

(1) and (2) of section 104(b).’’. 

(g) DRUG OFFENDERS.—Section 159 of title 23, United States 

Code, is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1); 

(B) by redesignating paragraph (2) as paragraph (1); 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 559 

(C) in paragraph (1) (as so redesignated) by striking 

‘‘(including any amounts withheld under paragraph (1))’’; 

and 

(D) by inserting after paragraph (1) (as so redesignated) the following: 

‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Secretary 

shall withhold an amount equal to 8 percent of the amount 

required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each 

fiscal year beginning after September 30, 2011, if the State 

fails to meet the requirements of paragraph (3) on the first 

day of the fiscal year.’’; and 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds withheld under 

this section from apportionments to any State shall be available 

for apportionment to that State.’’. 

(h) ZERO TOLERANCE BLOOD ALCOHOL CONCENTRATION FOR

MINORS.—Section 161(a) of title 23, United States Code, is 

amended— 

(1) by striking paragraph (1); 

(2) by redesignating paragraph (2) as paragraph (1); 

(3) in paragraph (1) (as so redesignated)— 

(A) by striking the paragraph heading and inserting 

‘‘PRIOR TO FISCAL YEAR 2012’’; and 

(B) by inserting ‘‘through fiscal year 2011’’ after ‘‘each 

fiscal year thereafter’’; and 

(4) by inserting after paragraph (1) (as so redesignated) 

the following: 

‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Secretary 

shall withhold an amount equal to 8 percent of the amount 

required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and 

on October 1 of each fiscal year thereafter, if the State does 

not meet the requirement of paragraph (3) on that date.’’. 

(i) OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS.— 

Section 163(e) of title 23, United States Code, is amended by 

striking paragraphs (1) and (2) and inserting the following: 

‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On October 1, 2006, 

and October 1 of each fiscal year thereafter through fiscal 

year 2011, if a State has not enacted or is not enforcing a 

law described in subsection (a), the Secretary shall withhold 

an amount equal to 8 percent of the amounts to be apportioned 

to the State on that date under each of paragraphs (1), (3), 

and (4) of section 104(b). 

‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On October 1, 

2011, and October 1 of each fiscal year thereafter, if a State 

has not enacted or is not enforcing a law described in subsection 

(a), the Secretary shall withhold an amount equal to 6 percent 

of the amounts to be apportioned to the State on that date 

under each of paragraphs (1) and (2) of section 104(b).’’. 

(j) COMMERCIAL DRIVER’S LICENSE.—Section 31314 of title 49, 

United States Code, is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 AND THEREAFTER.—Effective beginning on October 1, 2011— 


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126 STAT. 560 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(1) the penalty for the first instance of noncompliance 

by a State under this section shall be not more than an amount 

equal to 4 percent of funds required to be apportioned to the 

noncompliant State under paragraphs (1) and (2) of section 

104(b) of title 23; and 

‘‘(2) the penalty for subsequent instances of noncompliance 

shall be not more than an amount equal to 8 percent of funds 

required to be apportioned to the noncompliant State under 

paragraphs (1) and (2) of section 104(b) of title 23.’’. 

SEC. 1405. HIGHWAY WORKER SAFETY. 

Not later than 60 days after the date of enactment of this 

Act, the Secretary shall modify section 630.1108(a) of title 23, 

Code of Federal Regulations (as in effect on the date of enactment 

of this Act), to ensure that— 

(1) at a minimum, positive protective measures are used 

to separate workers on highway construction projects from 

motorized traffic in all work zones conducted under traffic 

in areas that offer workers no means of escape (such as tunnels 

and bridges), unless an engineering study determines otherwise; 

(2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration 

stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers 

to be within 1 lane-width from the edge of a live travel lane, 

unless— 

(A) an analysis by the project sponsor determines 

otherwise; or 

(B) the project is outside of an urbanized area and 

the annual average daily traffic load of the applicable road 

is less than 100 vehicles per hour; and 

(3) when positive protective devices are necessary for highway construction projects, those devices are paid for on a unitpay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some 

performance-based contracts under which the contractor is paid 

to assume a certain risk allocation and payment is generally 

made on a lump-sum basis. 

Subtitle E—Miscellaneous 

SEC. 1501. REAL-TIME RIDESHARING. 

Paragraph (3) of section 101(a) of title 23, United States Code 

(as redesignated by section 1103(a)(2)), is amended by striking 

‘‘and designating existing facilities for use for preferential parking 

for carpools’’ and inserting ‘‘designating existing facilities for use 

for preferential parking for carpools, and real-time ridesharing 

projects, such as projects where drivers, using an electronic transfer 

of funds, recover costs directly associated with the trip provided 

through the use of location technology to quantify those direct 

costs, subject to the condition that the cost recovered does not 

exceed the cost of the trip provided’’. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 561 

SEC. 1502. PROGRAM EFFICIENCIES. 

The first sentence of section 102(b) of title 23, United States 

Code, is amended by striking ‘‘made available for such engineering’’ 

and inserting ‘‘reimbursed for the preliminary engineering’’. 

SEC. 1503. PROJECT APPROVAL AND OVERSIGHT. 

(a) IN GENERAL.—Section 106 of title 23, United States Code, 

is amended— 

(1) in subsection (a)(2) by inserting ‘‘recipient’’ before ‘‘formalizing’’; 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) in the heading, by striking ‘‘NON-INTERSTATE’’; 

(ii) by striking ‘‘but not on the Interstate System’’; 

and inserting ‘‘, including projects on the Interstate 

System’’; and 

(iii) by striking ‘‘of projects’’ and all that follows 

through the period at the end and inserting ‘‘with 

respect to the projects unless the Secretary determines 

that the assumption is not appropriate.’’; and 

(B) by striking paragraph (4) and inserting the following: 

‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— 

‘‘(A) IN GENERAL.—The Secretary shall not assign any 

responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under 

subparagraph (B). 

‘‘(B) HIGH RISK CATEGORIES.—The Secretary may define 

the high risk categories under this subparagraph on a 

national basis, a State-by-State basis, or a national and 

State-by-State basis, as determined to be appropriate by 

the Secretary.’’; 

(3) in subsection (e)— 

(A) in paragraph (1)(A)— 

(i) in the matter preceding clause (i)— 

(I) by striking ‘‘concept’’ and inserting ‘‘planning’’; and 

(II) by striking ‘‘multidisciplined’’ and 

inserting ‘‘multidisciplinary’’; and 

(ii) by striking clause (i) and inserting the following: 

‘‘(i) providing the needed functions safely, reliably, 

and at the lowest overall lifecycle cost;’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A) by 

striking ‘‘or other cost-reduction analysis’’; 

(ii) in subparagraph (A)— 

(I) by striking ‘‘Federal-aid system’’ and 

inserting ‘‘National Highway System receiving 

Federal assistance’’; and 

(II) by striking ‘‘$25,000,000’’ and inserting 

‘‘$50,000,000’’; and 

(iii) in subparagraph (B)— 

(I) by inserting ‘‘on the National Highway 

System receiving Federal assistance’’ after ‘‘a 

bridge project’’; and 


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(II) by striking ‘‘$20,000,000’’ and inserting ‘‘$40,000,000’’; and 

(C) by striking paragraph (4) and inserting the following: 

‘‘(4) REQUIREMENTS.— ‘‘(A) VALUE ENGINEERING PROGRAM.—The State shall 

develop and carry out a value engineering program that— 

‘‘(i) establishes and documents value engineering 

program policies and procedures; 

‘‘(ii) ensures that the required value engineering 

analysis is conducted before completing the final design 

of a project; 

‘‘(iii) ensures that the value engineering analysis 

that is conducted, and the recommendations developed 

and implemented for each project, are documented in 

a final value engineering report; and 

‘‘(iv) monitors, evaluates, and annually submits 

to the Secretary a report that describes the results 

of the value analyses that are conducted and the recommendations implemented for each of the projects 

described in paragraph (2) that are completed in the 

State. 

‘‘(B) BRIDGE PROJECTS.—The value engineering analysis for a bridge project under paragraph (2) shall— 

‘‘(i) include bridge superstructure and substructure 

requirements based on construction material; and 

‘‘(ii) be evaluated by the State— 

‘‘(I) on engineering and economic bases, taking 

into consideration acceptable designs for bridges; 

and 

‘‘(II) using an analysis of lifecycle costs and 

duration of project construction. 

‘‘(5) DESIGN-BUILD PROJECTS.—A requirement to provide 

a value engineering analysis under this subsection shall not 

apply to a project delivered using the design-build method 

of construction.’’; 

(4) in subsection (h)— 

(A) in paragraph (1)(B) by inserting ‘‘, including a 

phasing plan when applicable’’ after ‘‘financial plan’’; and 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) FINANCIAL PLAN.—A financial plan— 

‘‘(A) shall be based on detailed estimates of the cost 

to complete the project; 

‘‘(B) shall 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; 

‘‘(C) may include a phasing plan that identifies 

fundable incremental improvements or phases that will 

address the purpose and the need of the project in the 

short term in the event there are insufficient financial 

resources to complete the entire project. If a phasing plan 

is adopted for a project pursuant to this section, the project 

shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and 

Reports. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 563 

‘‘(D) shall assess the appropriateness of a public-private 

partnership to deliver the project.’’; and 

(5) by adding at the end the following: 

‘‘(j) USE OF ADVANCED MODELING TECHNOLOGIES.— 

‘‘(1) DEFINITION OF ADVANCED MODELING TECHNOLOGY.— 

In this subsection, the term ‘advanced modeling technology’ 

means an available or developing technology, including 3- 

dimensional digital modeling, that can— 

‘‘(A) accelerate and improve the environmental review 

process; 

‘‘(B) increase effective public participation; 

‘‘(C) enhance the detail and accuracy of project designs; 

‘‘(D) increase safety; 

‘‘(E) accelerate construction, and reduce construction 

costs; or 

‘‘(F) otherwise expedite project delivery with respect 

to transportation projects that receive Federal funding. 

‘‘(2) PROGRAM.—With respect to transportation projects that 

receive Federal funding, the Secretary shall encourage the use 

of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects. 

‘‘(3) ACTIVITIES.—In carrying out paragraph (2), the Secretary shall— 

‘‘(A) compile information relating to advanced modeling 

technologies, including industry best practices with respect 

to the use of the technologies; 

‘‘(B) disseminate to States information relating to 

advanced modeling technologies, including industry best 

practices with respect to the use of the technologies; and 

‘‘(C) promote the use of advanced modeling technologies. 

‘‘(4) COMPREHENSIVE PLAN.—The Secretary shall develop 

and publish on the public website of the Department of 

Transportation a detailed and comprehensive plan for the 

implementation of paragraph (2).’’. 

(b) REVIEW OF OVERSIGHT PROGRAM.— 

(1) IN GENERAL.—The Secretary shall review the oversight 

program established under section 106(g) of title 23, United 

States Code, to determine the efficacy of the program in monitoring the effective and efficient use of funds authorized to 

carry out title 23, United States Code. 

(2) MINIMUM REQUIREMENTS FOR REVIEW.—At a minimum, 

the review under paragraph (1) shall assess the capability 

of the program to— 

(A) identify projects funded under title 23, United 

States Code, for which there are cost or schedule overruns; 

and 

(B) evaluate the extent of such overruns. 

(3) REPORT TO CONGRESS.—Not later than 2 years after 

the date of enactment of this Act, the Secretary shall transmit 

to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Environment 

and Public Works of the Senate a report on the results of 

the review conducted under paragraph (1), which shall include 

Web posting. 


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126 STAT. 564 PUBLIC LAW 112–141—JULY 6, 2012 

recommendations for legislative changes to improve the oversight program established under section 106(g) of title 23, 

United States Code. 

(c) TRANSPARENCY AND ACCOUNTABILITY.— (1) DATA COLLECTION.—The Secretary shall compile and 

make available on the public website of the Department of 

Transportation the annual expenditure data for funds made 

available under title 23 and chapter 53 of title 49, United 

States Code. 

(2) REQUIREMENTS.—In carrying out paragraph (1), the Secretary shall ensure that the data made available on the public 

website of the Department of Transportation— 

(A) is organized by project and State; 

(B) to the maximum extent practicable, is updated 

regularly to reflect the current status of obligations, 

expenditures, and Federal-aid projects; and 

(C) can be searched and downloaded by users of the 

website. 

(3) REPORT TO CONGRESS.—The Secretary shall annually 

submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, 

Housing, and Urban Affairs of the Senate a report containing 

a summary of the data described in paragraph (1) for the 

1-year period ending on the date on which the report is submitted. 

SEC. 1504. STANDARDS. 

Section 109 of title 23, United States Code, is amended by 

adding at the end the following: 

‘‘(r) PAVEMENT MARKINGS.—The Secretary shall not approve 

any pavement markings project that includes the use of glass beads 

containing more than 200 parts per million of arsenic or lead, 

as determined in accordance with Environmental Protection Agency 

testing methods 3052, 6010B, or 6010C.’’. 

SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE 

INTERSTATE SYSTEM. 

Section 111 of title 23, United States Code, is amended by 

adding at the end the following: 

‘‘(e) JUSTIFICATION REPORTS.—If the Secretary requests or 

requires a justification report for a project that would add a point 

of access to, or exit from, the Interstate System, the Secretary 

may permit a State transportation department to approve the 

report.’’. 

SEC. 1506. CONSTRUCTION. 

Section 114(b) of title 23, United States Code, is amended— 

(1) in subsection (b)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) LIMITATION ON CONVICT LABOR.—Convict labor shall 

not be used in construction of Federal-aid highways or portions 

of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.’’; 

and 

(B) in paragraph (3) by inserting ‘‘in existence during 

that period’’ after ‘‘located on a Federal-aid system’’; and 

Time period. 

Web posting. 

23 USC 104 note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 565 

(2) by adding at the end the following: 

‘‘(d) VETERANS EMPLOYMENT.—– ‘‘(1) IN GENERAL.—Subject to paragraph (2), a recipient 

of Federal financial assistance under this chapter shall, to 

the extent practicable, encourage contractors working on a highway project funded using the assistance to make a best faith 

effort in the hiring or referral of laborers on any project for 

the construction of a highway to veterans (as defined in section 

2108 of title 5) who have the requisite skills and abilities 

to perform the construction work required under the contract. 

‘‘(2) ADMINISTRATION.—This subsection shall not— 

‘‘(A) apply to projects subject to section 140(d); or 

‘‘(B) be administered or enforced in any manner that 

would require an employer to give a preference to any 

veteran over any equally qualified applicant who is a 

member of any racial or ethnic minority, a female, or 

any equally qualified former employee.’’. 

SEC. 1507. MAINTENANCE. 

Section 116 of title 23, United States Code, is amended— 

(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; 

(2) by inserting before subsection (b) (as so redesignated) 

the following: 

‘‘(a) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) PREVENTIVE MAINTENANCE.—The term ‘preventive 

maintenance’ includes pavement preservation programs and 

activities. 

‘‘(2) PAVEMENT PRESERVATION PROGRAMS AND ACTIVITIES.— The term ‘pavement preservation programs and activities’ 

means programs and activities employing a network level, longterm strategy that enhances pavement performance by using 

an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.’’; 

(3) in subsection (b) (as so redesignated)— 

(A) in the first sentence, by inserting ‘‘or other direct 

recipient’’ before ‘‘to maintain’’; and 

(B) by striking the second sentence; 

(4) by striking subsection (c) (as so redesignated) and 

inserting the following: 

‘‘(c) AGREEMENT.—In any State in which the State transportation department or other direct recipient is without legal authority 

to maintain a project described in subsection (b), the transportation 

department or direct recipient shall enter into a formal agreement 

with the appropriate officials of the county or municipality in which 

the project is located to provide for the maintenance of the project.’’; 

and 

(5) in the first sentence of subsection (d) (as so redesignated) by inserting ‘‘or other direct recipient’’ after ‘‘State 

transportation department’’. 

SEC. 1508. FEDERAL SHARE PAYABLE. 

Section 120 of title 23, United States Code, is amended— 

(1) in the first sentence of subsection (c)(1)— 

(A) by inserting ‘‘maintaining minimum levels of 

retroreflectivity of highway signs or pavement markings,’’ 

after ‘‘traffic control signalization,’’; 

Contracts. 


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126 STAT. 566 PUBLIC LAW 112–141—JULY 6, 2012 

(B) by inserting ‘‘shoulder and centerline rumble strips 

and stripes,’’ after ‘‘pavement marking,’’; and 

(C) by striking ‘‘Federal-aid systems’’ and inserting 

‘‘Federal-aid programs’’; 

(2) by striking subsection (e) and inserting the following: 

‘‘(e) EMERGENCY RELIEF.—The Federal share payable for any 

repair or reconstruction provided for by funds made available under 

section 125 for any project on a Federal-aid highway, including 

the Interstate System, shall not exceed the Federal share payable 

on a project on the system as provided in subsections (a) and 

(b), except that— 

‘‘(1) the Federal share payable for eligible emergency 

repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount 

to 100 percent of the cost of the repairs; 

‘‘(2) the Federal share payable for any repair or reconstruction of Federal land transportation facilities, Federal land 

access transportation facilities, and tribal transportation facilities may amount to 100 percent of the cost of the repair or 

reconstruction; 

‘‘(3) the Secretary shall extend the time period in paragraph 

(1) taking into consideration any delay in the ability of the 

State to access damaged facilities to evaluate damage and 

the cost of repair; and 

‘‘(4) the Federal share payable for eligible permanent 

repairs to restore damaged facilities to predisaster condition 

may amount to 90 percent of the cost of the repairs if the 

eligible expenses incurred by the State due to natural disasters 

or catastrophic failures in a Federal fiscal year exceeds the 

annual apportionment of the State under section 104 for the 

fiscal year in which the disasters or failures occurred.’’; 

(3) by striking subsection (g) and redesignating subsections 

(h) through (l) as subsections (g) through (k), respectively; 

(4) in subsection (i)(1)(A) (as redesignated by paragraph 

(3)) by striking ‘‘and the Appalachian development highway 

system program under section 14501 of title 40’’; and 

(5) by striking subsections (j) and (k) (as redesignated 

by paragraph (3)) and inserting the following: 

‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Notwithstanding any 

other provision of law, any Federal funds other than those made 

available under this title and title 49 may be used to pay the 

non-Federal share of the cost of any transportation project that 

is within, adjacent to, or provides access to Federal land, the Federal 

share of which is funded under this title or chapter 53 of title 

49. 

‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANSPORTATION

FUNDS.—Notwithstanding any other provision of law, the funds 

authorized to be appropriated to carry out the tribal transportation 

program under section 202 and the Federal lands transportation 

program under section 203 may be used to pay the non-Federal 

share of the cost of any project that is funded under this title 

or chapter 53 of title 49 and that provides access to or within 

Federal or tribal land.’’. 

Extension. 

Time period. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 567 

SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS. 

(a) IN GENERAL.—Section 126 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 126. Transferability of Federal-aid highway funds 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount 

apportioned for the fiscal year to any other apportionment of the 

State under that section. 

‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.— ‘‘(1) IN GENERAL.—Funds that are subject to sections 104(d) 

and 133(d) shall not be transferred under this section. 

‘‘(2) FUNDS TRANSFERRED BY STATES.—Funds transferred 

by a State under this section of the funding reserved for the 

State under section 213 for a fiscal year may only come from 

the portion of those funds that are available for obligation 

in any area of the State under section 213(c)(1)(B).’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 

title 23, United States Code, is amended by striking the item 

relating to section 126 and inserting the following: 

‘‘126. Transferability of Federal-aid highway funds.’’. 

SEC. 1510. IDLE REDUCTION TECHNOLOGY. 

Section 127(a)(12) of title 23, United States Code, is amended— 

(1) in subparagraph (B), by striking ‘‘400’’ and inserting 

‘‘550’’; and 

(2) in subparagraph (C)(ii), by striking ‘‘400-pound’’ and 

inserting ‘‘550-pound’’. 

SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY. 

Section 127 of title 23, United States Code, is amended by 

inserting at the end the following: 

‘‘(i) SPECIAL PERMITS DURING PERIODS OF NATIONAL EMER- GENCY.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be 

dismantled or divided if— 

‘‘(A) the President has declared the emergency to be 

a major disaster under the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

seq.); 

‘‘(B) the permits are issued in accordance with State 

law; and 

‘‘(C) the permits are issued exclusively to vehicles and 

loads that are delivering relief supplies. 

‘‘(2) EXPIRATION.—A permit issued under paragraph (1) 

shall expire not later than 120 days after the date of the 

declaration of emergency under subparagraph (A) of that paragraph.’’. 

SEC. 1512. TOLLING. 

(a) AMENDMENT TO TOLLING PROVISION.—Section 129(a) of title 

23, United States Code, is amended to read as follows: 

‘‘(a) BASIC PROGRAM.— 


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126 STAT. 568 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Subject 

to the provisions of this section, Federal participation shall 

be permitted on the same basis and in the same manner as 

construction of toll-free highways is permitted under this 

chapter in the— 

‘‘(A) initial construction of a toll highway, bridge, or 

tunnel or approach to the highway, bridge, or tunnel; 

‘‘(B) initial construction of 1 or more lanes or other 

improvements that increase capacity of a highway, bridge, 

or tunnel (other than a highway on the Interstate System) 

and conversion of that highway, bridge, or tunnel to a 

tolled facility, if the number of toll-free lanes, excluding 

auxiliary lanes, after the construction is not less than 

the number of toll-free lanes, excluding auxiliary lanes, 

before the construction; 

‘‘(C) initial construction of 1 or more lanes or other 

improvements that increase the capacity of a highway, 

bridge, or tunnel on the Interstate System and conversion 

of that highway, bridge, or tunnel to a tolled facility, if 

the number of toll-free non-HOV lanes, excluding auxiliary 

lanes, after such construction is not less than the number 

of toll-free non-HOV lanes, excluding auxiliary lanes, before 

such construction; 

‘‘(D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel 

or approach to the highway, bridge, or tunnel; 

‘‘(E) reconstruction or replacement of a toll-free bridge 

or tunnel and conversion of the bridge or tunnel to a 

toll facility; 

‘‘(F) reconstruction of a toll-free Federal-aid highway 

(other than a highway on the Interstate System) and 

conversion of the highway to a toll facility; 

‘‘(G) reconstruction, restoration, or rehabilitation of a 

highway on the Interstate System if the number of tollfree non-HOV lanes, excluding auxiliary lanes, after 

reconstruction, restoration, or rehabilitation is not less than 

the number of toll-free non-HOV lanes, excluding auxiliary 

lanes, before reconstruction, restoration, or rehabilitation; 

‘‘(H) conversion of a high occupancy vehicle lane on 

a highway, bridge, or tunnel to a toll facility; and 

‘‘(I) preliminary studies to determine the feasibility 

of a toll facility for which Federal participation is authorized under this paragraph. 

‘‘(2) OWNERSHIP.—Each highway, bridge, tunnel, or 

approach to the highway, bridge, or tunnel constructed under 

this subsection shall— 

‘‘(A) be publicly owned; or 

‘‘(B) be privately owned if the public authority with 

jurisdiction over the highway, bridge, tunnel, or approach 

has entered into a contract with 1 or more private persons 

to design, finance, construct, and operate the facility and 

the public authority will be responsible for complying with 

all applicable requirements of this title with respect to 

the facility. 

‘‘(3) LIMITATIONS ON USE OF REVENUES.— 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 569 

‘‘(A) IN GENERAL.—A public authority with jurisdiction 

over a toll facility shall use all toll revenues received from 

operation of the toll facility only for— 

‘‘(i) debt service with respect to the projects on 

or for which the tolls are authorized, including funding 

of reasonable reserves and debt service on refinancing; 

‘‘(ii) a reasonable return on investment of any private person financing the project, as determined by 

the State or interstate compact of States concerned; 

‘‘(iii) any costs necessary for the improvement and 

proper operation and maintenance of the toll facility, 

including reconstruction, resurfacing, restoration, and 

rehabilitation; 

‘‘(iv) if the toll facility is subject to a public-private 

partnership agreement, payments that the party 

holding the right to toll revenues owes to the other 

party under the public-private partnership agreement; 

and 

‘‘(v) if the public authority certifies annually that 

the tolled facility is being adequately maintained, any 

other purpose for which Federal funds may be obligated 

by a State under this title. 

‘‘(B) ANNUAL AUDIT.— 

‘‘(i) IN GENERAL.—A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility 

records to verify adequate maintenance and compliance 

with subparagraph (A), and report the results of the 

audits to the Secretary. 

‘‘(ii) RECORDS.—On reasonable notice, the public 

authority shall make all records of the public authority 

pertaining to the toll facility available for audit by 

the Secretary. 

‘‘(C) NONCOMPLIANCE.—If the Secretary concludes that 

a public authority has not complied with the limitations 

on the use of revenues described in subparagraph (A), 

the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation 

on the use of revenues described in subparagraph (A). 

‘‘(4) LIMITATIONS ON CONVERSION OF HIGH OCCUPANCY

VEHICLE FACILITIES ON INTERSTATE SYSTEM.— 

‘‘(A) IN GENERAL.—A public authority with jurisdiction 

over a high occupancy vehicle facility on the Interstate 

System may undertake reconstruction, restoration, or 

rehabilitation under paragraph (1)(G) on the facility, and 

may levy tolls on vehicles, excluding high occupancy 

vehicles, using the reconstructed, restored, or rehabilitated 

facility, if the public authority— 

‘‘(i) in the case of a high occupancy vehicle facility 

that affects a metropolitan area, submits to the Secretary a written assurance that the metropolitan planning organization designated under section 5203 of 

title 49 for the area has been consulted concerning 

the placement and amount of tolls on the converted 

facility; 


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‘‘(ii) develops, manages, and maintains a system 

that will automatically collect the toll; and 

‘‘(iii) establishes policies and procedures— 

‘‘(I) to manage the demand to use the facility 

by varying the toll amount that is charged; and 

‘‘(II) to enforce sanctions for violations of use 

of the facility. 

‘‘(B) EXEMPTION FROM TOLLS.—In levying tolls on a 

facility under subparagraph (A), a public authority may 

designate classes of vehicles that are exempt from the 

tolls or charge different toll rates for different classes of 

vehicles. 

‘‘(5) SPECIAL RULE FOR FUNDING.— 

‘‘(A) IN GENERAL.—In the case of a toll facility under 

the jurisdiction of a public authority of a State (other 

than the State transportation department), on request of 

the State transportation department and subject to such 

terms and conditions as the department and public 

authority may agree, the Secretary, working through the 

State department of transportation, shall reimburse the 

public authority for the Federal share of the costs of 

construction of the project carried out on the toll facility 

under this subsection in the same manner and to the 

same extent as the department would be reimbursed if 

the project was being carried out by the department. 

‘‘(B) SOURCE.—The reimbursement of funds under this 

paragraph shall be from sums apportioned to the State 

under this chapter and available for obligations on projects 

on the Federal-aid system in the State on which the project 

is being carried out. 

‘‘(6) LIMITATION ON FEDERAL SHARE.—The Federal share 

payable for a project described in paragraph (1) shall be a 

percentage determined by the State, but not to exceed 80 percent. 

‘‘(7) MODIFICATIONS.—If a public authority (including a 

State transportation department) with jurisdiction over a toll 

facility subject to an agreement under this section or section 

119(e), as in effect on the day before the effective date of 

title I of the Intermodal Surface Transportation Efficiency Act 

of 1991 (105 Stat. 1915), requests modification of the agreement, 

the Secretary shall modify the agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds. 

‘‘(8) LOANS.— 

‘‘(A) IN GENERAL.— 

‘‘(i) LOANS.—Using amounts made available under 

this title, a State may loan to a public or private 

entity constructing or proposing to construct under 

this section a toll facility or non-toll facility with a 

dedicated revenue source an amount equal to all or 

part of the Federal share of the cost of the project 

if the project has a revenue source specifically dedicated to the project. 

‘‘(ii) DEDICATED REVENUE SOURCES.—Dedicated 

revenue sources for non-toll facilities include excise 

taxes, sales taxes, motor vehicle use fees, tax on real 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 571 

property, tax increment financing, and such other dedicated revenue sources as the Secretary determines 

appropriate. 

‘‘(B) COMPLIANCE WITH FEDERAL LAWS.—As a condition 

of receiving a loan under this paragraph, the public or 

private entity that receives the loan shall ensure that the 

project will be carried out in accordance with this title 

and any other applicable Federal law, including any 

applicable provision of a Federal environmental law. 

‘‘(C) SUBORDINATION OF DEBT.—The amount of any loan 

received for a project under this paragraph may be subordinated to any other debt financing for the project. 

‘‘(D) OBLIGATION OF FUNDS LOANED.—Funds loaned 

under this paragraph may only be obligated for projects 

under this paragraph. 

‘‘(E) REPAYMENT.—The repayment of a loan made 

under this paragraph shall commence not later than 5 

years after date on which the facility that is the subject 

of the loan is open to traffic. 

‘‘(F) TERM OF LOAN.—The term of a loan made under 

this paragraph shall not exceed 30 years from the date 

on which the loan funds are obligated. 

‘‘(G) INTEREST.—A loan made under this paragraph 

shall bear interest at or below market interest rates, as 

determined by the State, to make the project that is the 

subject of the loan feasible. 

‘‘(H) REUSE OF FUNDS.—Amounts repaid to a State 

from a loan made under this paragraph may be obligated— 

‘‘(i) for any purpose for which the loan funds were 

available under this title; and 

‘‘(ii) for the purchase of insurance or for use as 

a capital reserve for other forms of credit enhancement 

for project debt in order to improve credit market 

access or to lower interest rates for projects eligible 

for assistance under this title. 

‘‘(I) GUIDELINES.—The Secretary shall establish procedures and guidelines for making loans under this paragraph. 

‘‘(9) STATE LAW PERMITTING TOLLING.—If a State does not 

have a highway, bridge, or tunnel toll facility as of the date 

of enactment of the MAP–21, before commencing any activity 

authorized under this section, the State shall have in effect 

a law that permits tolling on a highway, bridge, or tunnel. 

‘‘(10) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) HIGH OCCUPANCY VEHICLE; HOV.—The term ‘high 

occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer 

than 2 occupants. 

‘‘(B) INITIAL CONSTRUCTION.— 

‘‘(i) IN GENERAL.—The term ‘initial construction’ 

means the construction of a highway, bridge, tunnel, 

or other facility at any time before it is open to traffic. 

‘‘(ii) EXCLUSIONS.—The term ‘initial construction’ 

does not include any improvement to a highway, 

bridge, tunnel, or other facility after it is open to 

traffic. 


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126 STAT. 572 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(C) PUBLIC AUTHORITY.—The term ‘public authority’ 

means a State, interstate compact of States, or public entity 

designated by a State. 

‘‘(D) TOLL FACILITY.—The term ‘toll facility’ means a 

toll highway, bridge, or tunnel or approach to the highway, 

bridge, or tunnel constructed under this subsection.’’. 

(b) ELECTRONIC TOLL COLLECTION INTEROPERABILITY REQUIRE- MENTS.—Not later than 4 years after the date of enactment of 

this Act, all toll facilities on the Federal-aid highways shall implement technologies or business practices that provide for the interoperability of electronic toll collection programs. 

SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS. 

(a) FRINGE AND CORRIDOR PARKING FACILITIES.—Section 137 

of title 23, United States Code, is amended— 

(1) in subsection (f)(1)— 

(A) by striking ‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’; 

and 

(B) by inserting ‘‘including the addition of electric 

vehicle charging stations or natural gas vehicle refueling 

stations,’’ after ‘‘new facilities,’’; and 

(2) by adding at the end the following: 

‘‘(g) FUNDING.—The addition of electric vehicle charging stations 

or natural gas vehicle refueling stations to new or previously funded 

parking facilities shall be eligible for funding under this section.’’. 

(b) PUBLIC TRANSPORTATION.—Section 142(a)(1) of title 23, 

United States Code, is amended by inserting ‘‘, which may include 

electric vehicle charging stations or natural gas vehicle refueling 

stations,’’ after ‘‘parking facilities’’. 

(c) FOREST DEVELOPMENT ROADS AND TRAILS.—Section 205(d) 

of title 23, United States Code, is amended by inserting ‘‘, which 

may include electric vehicle charging stations or natural gas vehicle 

refueling stations,’’ after ‘‘parking areas’’. 

SEC. 1514. HOV FACILITIES. 

Section 166 of title 23, United States Code, is amended— 

(1) in subsection (b)(5)— 

(A) in subparagraph (A) by striking ‘‘2009’’ and 

inserting ‘‘2017’’; 

(B) in subparagraph (B) by striking ‘‘2009’’ and 

inserting ‘‘2017’’; and 

(C) in subparagraph (C)— 

(i) by striking ‘‘subparagraph (B)’’ and inserting 

‘‘this paragraph’’; and 

(ii) by inserting ‘‘or equal to’’ after ‘‘less than’’; 

(2) in subsection (c) by striking paragraph (3) and inserting 

the following: 

‘‘(3) TOLL REVENUE.—Toll revenue collected under this section is subject to the requirements of section 129(a)(3).’’; and 

(3) in subsection (d)(1)— 

(A) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘in a fiscal year shall certify’’ and 

inserting ‘‘shall submit to the Secretary a report demonstrating that the facility is not already degraded, 

and that the presence of the vehicles will not cause 

the facility to become degraded, and certify’’; and 

(ii) by striking ‘‘in the fiscal year’’; 

Deadline. 

23 USC 129 note. 


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(B) in subparagraph (A) by inserting ‘‘and submitting 

to the Secretary annual reports of those impacts’’ after 

‘‘adjacent highways’’; 

(C) in subparagraph (C) by striking ‘‘if the presence 

of the vehicles has degraded the operation of the facility’’ 

and inserting ‘‘whenever the operation of the facility is 

degraded’’; and 

(D) by adding at the end the following: 

‘‘(D) MAINTENANCE OF OPERATING PERFORMANCE.—Not 

later than 180 days after the date on which a facility 

is degraded pursuant to the standard specified in paragraph (2), the State agency with jurisdiction over the 

facility shall bring the facility into compliance with the 

minimum average operating speed performance standard 

through changes to operation of the facility, including— 

‘‘(i) increasing the occupancy requirement for HOV 

lanes; 

‘‘(ii) varying the toll charged to vehicles allowed 

under subsection (b) to reduce demand; 

‘‘(iii) discontinuing allowing non-HOV vehicles to 

use HOV lanes under subsection (b); or 

‘‘(iv) increasing the available capacity of the HOV 

facility. 

‘‘(E) COMPLIANCE.—If the State fails to bring a facility 

into compliance under subparagraph (D), the Secretary 

shall subject the State to appropriate program sanctions 

under section 1.36 of title 23, Code of Federal Regulations 

(or successor regulations), until the performance is no 

longer degraded.’’. 

SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES. 

(a) IN GENERAL.—Chapter 1 of title 23, United States Code 

(as amended by section 1311(a)), is amended by adding at the 

end the following: 

‘‘§ 170. Funding flexibility for transportation emergencies 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

a State may use up to 100 percent of any covered funds of the 

State to repair or replace a transportation facility that has suffered 

serious damage as a result of a natural disaster or catastrophic 

failure from an external cause. 

‘‘(b) DECLARATION OF EMERGENCY.—Funds may be used under 

this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

‘‘(c) REPAYMENT.—Funds used under subsection (a) shall be 

repaid to the program from which the funds were taken in the 

event that such repairs or replacement are subsequently covered 

by a supplemental appropriation of funds. 

‘‘(d) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) COVERED FUNDS.—The term ‘covered funds’ means any 

amounts apportioned to a State under section 104(b), other 

than amounts suballocated to metropolitan areas and other 

areas of the State under section 133(d), but including any 

such amounts required to be set aside for a purpose other 

Deadline. 


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126 STAT. 574 PUBLIC LAW 112–141—JULY 6, 2012 

than the repair or replacement of a transportation facility under 

this section. 

‘‘(2) TRANSPORTATION FACILITY.—The term ‘transportation 

facility’ means any facility eligible for assistance under section 

125.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis 

for chapter 1 of title 23, United States Code (as amended by 

section 1311(b)), is amended by adding at the end the following: 

‘‘170. Funding flexibility for transportation emergencies.’’. 

SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO 

ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE 

VICINITY OF MILITARY INSTALLATIONS. 

The second sentence of section 210(a)(2) of title 23, United 

States Code, is amended by inserting ‘‘, in consultation with the 

Secretary of Transportation,’’ before ‘‘shall determine’’. 

SEC. 1517. MAPPING. 

(a) IN GENERAL.—Section 306 of title 23, United States Code, 

is amended— 

(1) in subsection (a) by striking ‘‘may’’ and inserting ‘‘shall’’; 

(2) in subsection (b) in the second sentence by striking 

‘‘State and’’ and inserting ‘‘State government and’’; and 

(3) by adding at the end the following: 

‘‘(c) IMPLEMENTATION.—The Secretary shall develop a process 

for the oversight and monitoring, on an annual basis, of the compliance of each State with the guidance issued under subsection (b).’’. 

(b) SURVEY.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall conduct a survey of all States 

to determine what percentage of projects carried out under title 

23, United States Code, in each State utilize private sector sources 

for surveying and mapping services. 

SEC. 1518. BUY AMERICA PROVISIONS. 

Section 313 of title 23, United States Code, is amended by 

adding at the end the following: 

‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.—The requirements 

under this section shall apply to all contracts eligible for assistance 

under this chapter for a project carried out within the scope of 

the applicable finding, determination, or decision under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.), regardless of the funding source of such contracts, if at least 

1 contract for the project is funded with amounts made available 

to carry out this title.’’. 

SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE 

PROVISIONS. 

(a) CONSOLIDATION OF PROGRAMS.—From administrative funds 

made available under section 104(a) of title 23, United States Code, 

not less than $3,000,000 for each of fiscal years 2013 and 2014 

shall be made available— 

(1) to carry out safety-related activities, including— 

(A) to carry out the operation lifesaver program— 

(i) to provide public information and education programs to help prevent and reduce motor vehicle 

accidents, injuries, and fatalities; and 

(ii) to improve driver performance at railway-highway crossings; and 

Deadline. 

Compliance 

process. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 575 

(B) to provide work zone safety grants in accordance 

with subsections (a) and (b) of section 1409 of the 

SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232); and 

(2) to operate authorized safety-related clearinghouses, 

including— 

(A) the national work zone safety information clearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 

109 Stat. 625); and 

(B) a public road safety clearinghouse in accordance 

with section 1411(a) of the SAFETEA–LU (23 U.S.C. 402 

note; 119 Stat. 1234). 

(b) REPEALS.— (1) TITLE 23.— (A) IN GENERAL.—Sections 105, 110, 117, 124, 151, 

155, 157, 160, 212, 216, 303, and 309 of title 23, United 

States Code, are repealed. 

(B) SET ASIDES.—Section 118 of title 23, United States 

Code, is amended— 

(i) by striking subsection (c); and 

(ii) by redesignating subsections (d) and (e) as 

subsections (c) and (d), respectively. 

(2) SAFETEA–LU.—Sections 1302, 1305, 1306, 1803, 1804, 

1907, and 1958 of SAFETEA–LU (Public Law 109–59) are 

repealed. 

(3) ADDITIONAL.—Section 1132 of the Energy Independence 

and Security Act of 2007 (Public Law 110–140; 121 Stat. 1763) 

is repealed. 

(c) CONFORMING AMENDMENTS.— 

(1) TITLE ANALYSIS.— 

(A) CHAPTER 1.—The analysis for chapter 1 of title 

23, United States Code, is amended by striking the items 

relating to sections 105, 110, 117, 124, 151, 155, 157, 

and 160. 

(B) CHAPTER 2.—The analysis for chapter 2 of title 

23, United States Code, is amended by striking the items 

relating to sections 212 and 216. 

(C) CHAPTER 3.—The analysis for chapter 3 of title 

23, United States Code, is amended by striking the items 

relating to sections 303 and 309. 

(2) TABLE OF CONTENTS.—The table of contents contained 

in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat. 

1144) is amended by striking the items relating to sections 

1302, 1305, 1306, 1803, 1804, 1907, and 1958. 

(3) SECTION 104.—Section 104(e) of title 23, United States 

Code, is amended by striking ‘‘, 105,’’. 

(4) SECTION 109.—Section 109(q) of title 23, United States 

Code, is amended by striking ‘‘in accordance with section 303 

or’’. 

(5) SECTION 118.—Section 118(b) of title 23, United States 

Code, is amended— 

(A) by striking paragraph (1) and all that follows 

through the heading of paragraph (2); and 

(B) by striking ‘‘(other than for Interstate construction)’’. 

(6) SECTION 130.—Section 130 of title 23, United States 

Code, is amended— 

23 USC 101 note, 

103 note, 137 

note, 144 note. 


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(A) in subsection (e) by striking ‘‘section 104(b)(5)’’ 

and inserting ‘‘section 104(b)(3)’’; 

(B) in subsection (f)(1) by inserting ‘‘as in effect on 

the day before the date of enactment of the MAP–21’’ 

after ‘‘section 104(b)(3)(A)’’; and 

(C) in subsection (l) by striking paragraphs (3) and 

(4). 

(7) SECTION 131.—Section 131(m) of title 23, United States 

Code, is amended by striking ‘‘Subject to approval by the Secretary in accordance with the program of projects approval 

process of section 105, a State’’ and inserting ‘‘A State’’. 

(8) SECTION 133.—Paragraph (13) of section 133(b) of title 

23, United States Code (as amended by section 1108(a)(3)), 

is amended by striking ‘‘under section 303.’’ 

(9) SECTION 142.—Section 142 of title 23, United States 

Code, is amended— 

(A) in subsection (a)— 

(i) in paragraph (1)— 

(I) by striking ‘‘motor vehicles (other than 

rail)’’ and inserting ‘‘buses’’; 

(II) by striking ‘‘(hereafter in this section 

referred to as ‘buses’)’’; 

(III) by striking ‘‘Federal-aid systems’’ and 

inserting ‘‘Federal-aid highways’’; and 

(IV) by striking ‘‘Federal-aid system’’ and 

inserting ‘‘Federal-aid highway’’; and 

(ii) in paragraph (2)— 

(I) by striking ‘‘as a project on the the surface 

transportation program for’’; and 

(II) by striking ‘‘section 104(b)(3)’’ and 

inserting ‘‘section 104(b)(2)’’; 

(B) in subsection (b) by striking ‘‘104(b)(4)’’ and 

inserting ‘‘104(b)(1)’’; 

(C) in subsection (c)— 

(i) by striking ‘‘system’’ in each place it appears 

and inserting ‘‘highway’’; and 

(ii) by striking ‘‘highway facilities’’ and inserting 

‘‘highways eligible under the program that is the source 

of the funds’’; 

(D) in subsection (e)(2) by striking ‘‘Notwithstanding 

section 209(f)(1) of the Highway Revenue Act of 1956, the 

Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized 

by subsection (a)(2) of this section and such projects’’ and 

inserting ‘‘Projects authorized by subsection (a)(2)’’; and 

(E) in subsection (f) by striking ‘‘exits’’ and inserting 

‘‘exists’’. 

(10) SECTION 145.—Section 145(b) of title 23, United States 

Code, is amended by striking ‘‘section 117 of this title,’’. 

(11) SECTION 218.—Section 218 of title 23, United States 

Code, is amended— 

(A) in subsection (a)— 

(i) by striking the first two sentences; 

(ii) in the third sentence— 

(I) by striking ‘‘, in addition to such funds,’’; 

and 

(II) by striking ‘‘such highway or’’; 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 577 

(iii) by striking the fourth sentence and fifth sentences; 

(B) by striking subsection (b); and 

(C) by redesignating subsection (c) as subsection (b). 

(12) SECTION 610.—Section 610(d)(1)(B) of title 23, United 

States Code, is amended by striking ‘‘under section 105’’. 

SEC. 1520. DENALI COMMISSION. 

The Denali Commission Act of 1998 (42 U.S.C. 3121 note) 

is amended— 

(1) in section 305, by striking subsection (c) and inserting 

the following: 

‘‘(c) GIFTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the Commission, on behalf of the United States, may accept 

use, and dispose of gifts or donations of services, property, 

or money for purposes of carrying out this Act. 

‘‘(2) CONDITIONAL.—With respect to conditional gifts— 

‘‘(A)(i) the Commission, on behalf of the United States, 

may accept conditional gifts for purposes of carrying out 

this Act, if approved by the Federal Cochairperson; and 

‘‘(ii) the principal of and income from any such conditional gift shall be held, invested, reinvested, and used 

in accordance with the condition applicable to the gift; 

but 

‘‘(B) no gift shall be accepted that is conditioned on 

any expenditure not to be funded from the gift or from 

the income generated by the gift unless the expenditure 

has been approved by Act of Congress.’’; and 

(2) by adding at the end the following: 

‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES. 

‘‘(a) IN GENERAL.—Subject to subsection (c), for purposes of 

this Act, the Commission may accept transfers of funds from other 

Federal agencies. 

‘‘(b) TRANSFERS.—Any Federal agency authorized to carry out 

an activity that is within the authority of the Commission may 

transfer to the Commission any appropriated funds for the activity. 

‘‘(c) TREATMENT.—Any funds transferred to the Commission 

under this subsection— 

‘‘(1) shall remain available until expended; and 

‘‘(2) may, to the extent necessary to carry out this Act, 

be transferred to, and merged with, the amounts made available 

by appropriations Acts for the Commission by the Federal 

Cochairperson.’’. 

SEC. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY 

ACQUISITION POLICIES ACT OF 1970 AMENDMENTS. 

(a) MOVING AND RELATED EXPENSES.—Section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies 

Act of 1970 (42 U.S.C. 4622) is amended— 

(1) in subsection (a)(4) by striking ‘‘$10,000’’ and inserting 

‘‘$25,000, as adjusted by regulation, in accordance with section 

213(d)’’; and 

(2) in the second sentence of subsection (c) by striking 

‘‘$20,000’’ and inserting ‘‘$40,000, as adjusted by regulation, 

in accordance with section 213(d)’’. 


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126 STAT. 578 PUBLIC LAW 112–141—JULY 6, 2012 

(b) REPLACEMENT HOUSING FOR HOMEOWNERS.—The first sentence of section 203(a)(1) of the Uniform Relocation Assistance 

and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 

4623(a)(1)) is amended— 

(1) by striking ‘‘$22,500’’ and inserting ‘‘$31,000, as 

adjusted by regulation, in accordance with 213(d),’’; and 

(2) by striking ‘‘one hundred and eighty days prior to’’ 

and inserting ‘‘90 days before’’. 

(c) REPLACEMENT HOUSING FOR TENANTS AND CERTAIN

OTHERS.—Section 204 of the Uniform Relocation Assistance and 

Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) 

is amended— 

(1) in the second sentence of subsection (a) by striking ‘‘$5,250’’ and inserting ‘‘$7,200, as adjusted by regulation, in 

accordance with section 213(d)’’; and 

(2) in the second sentence of subsection (b) by striking 

‘‘, except’’ and all that follows through the end of the subsection 

and inserting a period. 

(d) DUTIES OF LEAD AGENCY.—Section 213 of the Uniform 

Relocation Assistance and Real Property Acquisition Policies Act 

of 1970 (42 U.S.C. 4633) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2) by striking ‘‘and’’ at the end; 

(B) in paragraph (3) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(4) that each Federal agency that has programs or projects 

requiring the acquisition of real property or causing a displacement from real property subject to the provisions of this Act 

shall provide to the lead agency an annual summary report 

the describes the activities conducted by the Federal agency.’’; 

and 

(2) by adding at the end the following: 

‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the lead agency 

may adjust, by regulation, the amounts of relocation payments 

provided under sections 202(a)(4), 202(c), 203(a), and 204(a) if the 

head of the lead agency determines that cost of living, inflation, 

or other factors indicate that the payments should be adjusted 

to meet the policy objectives of this Act.’’. 

(e) AGENCY COORDINATION.—Title II of the Uniform Relocation 

Assistance and Real Property Acquisition Policies Act of 1970 is 

amended by inserting after section 213 (42 U.S.C. 4633) the following: 

‘‘SEC. 214. AGENCY COORDINATION. 

‘‘(a) AGENCY CAPACITY.—Each Federal agency responsible for 

funding or carrying out relocation and acquisition activities shall 

have adequately trained personnel and such other resources as 

are necessary to manage and oversee the relocation and acquisition 

program of the Federal agency in accordance with this Act. 

‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 year after 

the date of enactment of this section, each Federal agency responsible for funding relocation and acquisition activities (other than 

the agency serving as the lead agency) shall enter into a memorandum of understanding with the lead agency that— 

‘‘(1) provides for periodic training of the personnel of the 

Federal agency, which in the case of a Federal agency that 

Deadline. 

Memorandum. 

42 USC 4634. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 579 

provides Federal financial assistance, may include personnel 

of any displacing agency that receives Federal financial assistance; 

‘‘(2) addresses ways in which the lead agency may provide 

assistance and coordination to the Federal agency relating to 

compliance with the Act on a program or project basis; and 

‘‘(3) addresses the funding of the training, assistance, and 

coordination activities provided by the lead agency, in accordance with subsection (c). 

‘‘(c) INTERAGENCY PAYMENTS.— ‘‘(1) IN GENERAL.—For the fiscal year that begins 1 year 

after the date of enactment of this section, and each fiscal 

year thereafter, each Federal agency responsible for funding 

relocation and acquisition activities (other than the agency 

serving as the lead agency) shall transfer to the lead agency 

for the fiscal year, such funds as are necessary, but not less 

than $35,000, to support the training, assistance, and coordination activities of the lead agency described in subsection (b). 

‘‘(2) INCLUDED COSTS.—The cost to a Federal agency of 

providing the funds described in paragraph (1) shall be included 

as part of the cost of 1 or more programs or projects undertaken 

by the Federal agency or with Federal financial assistance 

that result in the displacement of persons or the acquisition 

of real property.’’. 

(f) COOPERATION WITH FEDERAL AGENCIES.—Section 308 of title 

23, United States Code, is amended by striking subsection (a) 

and inserting the following: 

‘‘(a) AUTHORIZED ACTIVITIES.— 

‘‘(1) IN GENERAL.—The Secretary may perform, by contract 

or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies. 

‘‘(2) INCLUSIONS.—Services authorized under paragraph (1) 

may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 

‘‘(3) REIMBURSEMENT.—Reimbursement for services carried 

out under this subsection (including depreciation on engineering 

and road-building equipment) shall be credited to the applicable 

appropriation.’’. 

(g) EFFECTIVE DATES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

amendments made by this section shall take effect on the 

date of enactment of this Act. 

(2) EXCEPTION.—The amendments made by subsections (a) 

through (c) shall take effect 2 years after the date of enactment 

of this Act. 

SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION 

FROM AXLE WEIGHT RESTRICTIONS. 

Section 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102–240) is 

amended— 

(1) in the heading of paragraph (1) by striking ‘‘TEMPORARY

EXEMPTION’’ and inserting ‘‘EXEMPTION’’; 

(2) in paragraph (1)— 

23 USC 308 note. 


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(A) in the matter preceding subparagraph (A) by 

striking ‘‘, for the period beginning on October 6, 1992, 

and ending on October 1, 2009,’’; 

(B) in subparagraph (A) by striking ‘‘or’’ at the end; 

(C) in subparagraph (B) by striking the period at the 

end and inserting ‘‘; or’’; and 

(D) by adding at the end the following: 

‘‘(C) any motor home (as defined in section 571.3 of 

title 49, Code of Federal Regulations (or successor regulation)).’’; and 

(3) in paragraph (2)(A) by striking ‘‘For the period beginning on the date of enactment of this subparagraph and ending 

on September 30, 2009, a’’ and inserting ‘‘A’’. 

SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES. 

Section 1805(a) of the SAFETEA–LU (23 U.S.C. 144 note; 119 

Stat. 1459) is amended by striking ‘‘highway bridge replacement 

and rehabilitation program under section 144’’ and inserting 

‘‘national highway performance program under section 119’’. 

SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS. 

(a) IN GENERAL.—The Secretary shall encourage the States 

and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or 

conservation corps, as defined in sections 122(a)(2) of Public Law 

101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103– 

82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible 

under sections 162, 206, 213, and 217 of title 23, United States 

Code, and under section 1404 of the SAFETEA–LU (119 Stat. 

1228). 

(b) REQUIREMENTS.—Under any contract or cooperative agreement entered into with a qualified youth service or conservation 

corps under this section, the Secretary shall— 

(1) set the amount of a living allowance or rate of pay 

for each participant in such corps at— 

(A) such amount or rate as required under State law 

in a State with such requirements; or 

(B) for corps in States not described in subparagraph 

(A), at such amount or rate as determined by the Secretary, 

not to exceed the maximum living allowance authorized 

by section 140 of Public Law 101–610 (42 U.S.C. 12594); 

and 

(2) not subject such corps to the requirements of section 

112 of title 23, United States Code. 

SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE SELECTION. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary shall modify section 635.411 of title 23, Code 

of Federal Regulations (as in effect on the date of enactment of 

this Act), to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in 

the construction of a project on a Federal-aid highway. 

SEC. 1526. EVACUATION ROUTES. 

Each State shall give adequate consideration to the needs of 

evacuation routes in the State, including such routes serving or 

adjacent to facilities operated by the Armed Forces, when allocating 

23 USC 104 note. 

Deadline. 

Contracts. 

23 USC 206 note. 


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funds apportioned to the State under title 23, United States Code, 

for the construction of Federal-aid highways. 

SEC. 1527. CONSOLIDATION OF GRANTS. 

(a) DEFINITIONS.—In this section, the term ‘‘recipient’’ means— 

(1) a State, local, or tribal government, including— 

(A) a territory of the United States; 

(B) a transit agency; 

(C) a port authority; 

(D) a metropolitan planning organization; or 

(E) any other political subdivision of a State or local 

government; 

(2) a multistate or multijurisdictional group, if each 

member of the group is an entity described in paragraph (1); 

and 

(3) a public-private partnership, if both parties are engaged 

in building the project. 

(b) CONSOLIDATION.— 

(1) IN GENERAL.—A recipient that receives multiple grant 

awards from the Department to support 1 multimodal project 

may request that the Secretary designate 1 modal administration in the Department to be the lead administering authority 

for the overall project. 

(2) NEW STARTS.—Any project that includes funds awarded 

under section 5309 of title 49, United States Code, shall be 

exempt from consolidation under this section unless the grant 

recipient requests the Federal Transit Administration to be 

the lead administering authority. 

(3) REVIEW.— 

(A) IN GENERAL.—Not later than 30 days after the 

date on which a request under paragraph (1) is made, 

the Secretary shall review the request and approve or 

deny the designation of a single modal administration as 

the lead administering authority and point of contact for 

the Department. 

(B) NOTIFICATION.— 

(i) IN GENERAL.—The Secretary shall notify the 

requestor of the decision of the Secretary under 

subparagraph (A) in such form and at such time as 

the Secretary and the requestor agree. 

(ii) DENIAL.—If a request is denied, the Secretary 

shall provide the requestor with a detailed explanation 

of the reasoning of the Secretary with the notification 

under clause (i). 

(c) DUTIES.— 

(1) IN GENERAL.—A modal administration designated as 

a lead administering authority under this section shall— 

(A) be responsible for leading and coordinating the 

integrated project management team, which shall consist 

of all of the other modal administrations in the Department 

relating to the multimodal project; and 

(B) to the extent feasible during the first 30 days 

of carrying out the multimodal project, identify overlapping 

or duplicative regulatory requirements that exist for the 

project and propose a single, streamlined approach to 

meeting all of the applicable regulatory requirements 

through the activities described in subsection (d). 

Deadline. 

23 USC 106 note. 


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(2) ADMINISTRATION.— (A) IN GENERAL.—The Secretary shall transfer all 

amounts that have been awarded for the multimodal project 

to the modal administration designated as the lead administering authority. 

(B) OPTION.— (i) IN GENERAL.—Participation under this section 

shall be optional for recipients, and no recipient shall 

be required to participate. 

(ii) SECRETARIAL DUTIES.—The Secretary is not 

required to identify every recipient that may be eligible 

to participate under this section. 

(d) COOPERATION.— (1) IN GENERAL.—The Secretary and modal administrations 

with relevant jurisdiction over a multimodal project should 

cooperate on project review and delivery activities at the earliest practicable time. 

(2) PURPOSES.—The purposes of the cooperation under 

paragraph (1) are— 

(A) to avoid delays and duplication of effort later in 

the process; 

(B) to prevent potential conflicts; and 

(C) to ensure that planning and project development 

decisions are made in a streamlined manner and consistent 

with applicable law. 

(e) APPLICABILITY.—Nothing in this section shall— 

(1) supersede, amend, or modify the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any 

other Federal environmental law; or 

(2) affect the responsibility of any Federal officer to comply 

with or enforce any law described in paragraph (1). 

SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 

(a) SENSE OF THE SENATE.—It is the Sense of the Senate 

that the timely completion of the Appalachian development highway 

system is a transportation priority in the national interest. 

(b) MODIFIED FEDERAL SHARE FOR PROJECTS ON ADHS.—For 

fiscal years 2012 through 2021, the Federal share payable for the 

cost of constructing highways and access roads on the Appalachian 

development highway system under section 14501 of title 40, United 

States Code, with funds made available to a State for fiscal year 

2012 or a previous fiscal year for the Appalachian development 

highway system program, or with funds made available for fiscal 

year 2012 or a previous fiscal year for a specific project, route, 

or corridor on that system, shall be 100 percent. 

(c) FEDERAL SHARE FOR OTHER FUNDS USED ON ADHS.—For 

fiscal years 2012 through 2021, the Federal share payable for the 

cost of constructing highways and access roads on the Appalachian 

development highway system under section 14501 of title 40, United 

States Code, with Federal funds apportioned to a State for a program other than the Appalachian development highway system 

program shall be 100 percent. 

(d) COMPLETION PLAN.— 

(1) IN GENERAL.—Subject to paragraph (2), not later than 

1 year after the date of enactment of the MAP–21, each State 

represented on the Appalachian Regional Commission shall 

establish a plan for the completion of the designated corridors 

Deadline. 

40 USC 14501 

note. 


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of the Appalachian development highway system within the 

State, including annual performance targets, with a target 

completion date. 

(2) SIGNIFICANT UNCOMPLETED MILES.—If the percentage 

of remaining Appalachian development highway system needs 

for a State, according to the latest cost to complete estimate 

for the Appalachian development highway system, is greater 

than 15 percent of the total cost to complete estimate for 

the entire Appalachian development highway system, the State 

shall not establish a plan under paragraph (1) that would 

result in a reduction of obligated funds for the Appalachian 

development highway system within the State for any subsequent fiscal year. 

SEC. 1529. ENGINEERING JUDGMENT. 

Not later than 90 days after the date of enactment of this 

Act, the Secretary shall issue guidance to State transportation 

departments clarifying that the standards, guidance, and options 

for design and application of traffic control devices provided in 

the Manual on Uniform Traffic Control Devices should not be 

considered a substitute for engineering judgment. 

SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS. 

To encourage the development of careers in the transportation 

field, the Secretary of Education and the Secretary of Labor are 

encouraged to use funds for training and employment education 

programs— 

(1) to develop programs for transportation-related careers 

and trades; and 

(2) to work with the Secretary to carry out programs developed under paragraph (1). 

SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS. 

(a) DEFINITION OF COVERED GRANT AWARD.—In this section, 

the term ‘‘covered grant award’’ means a grant award— 

(1) made— 

(A) by the Department; and 

(B) with funds made available under this Act; and 

(2) in an amount equal to or greater than $500,000. 

(b) NOTICE.—Except to the extent otherwise expressly provided 

in another provision of law, at least 3 business days before a 

covered grant award is announced, the Secretary shall provide 

to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Environment and Public 

Works of the Senate written notice of the covered grant award. 

SEC. 1532. BUDGET JUSTIFICATION. 

The Secretary shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget 

justification for each agency of the Department concurrently with 

the annual budget submission of the President to Congress under 

section 1105(a) of title 31, United States Code. 

49 USC 301 note. 

Deadline. 

Deadline. 

Guidance. 

23 USC 109 note. 


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SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC 

ENFORCEMENT. 

(a) DEFINITION OF AUTOMATED TRAFFIC ENFORCEMENT

SYSTEM.—In this section, the term ‘‘automated traffic enforcement 

system’’ means any camera that captures an image of a vehicle 

for the purposes of traffic law enforcement. 

(b) USE OF FUNDS.—Except as provided in subsection (c), for 

fiscal years 2013 and 2014, funds apportioned to a State under 

section 104(b)(3) of title 23, United States Code, may not be used 

for any program to purchase, operate, or maintain an automated 

traffic enforcement system. 

(c) EXCEPTION.—Subsection (b) shall not apply to automated 

traffic enforcement systems used to improve safety in school zones. 

SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS. 

(a) BEST PRACTICES.—The Secretary shall compile, and make 

available to the public on the website of the Department, best 

practices on how States, public transportation agencies, and other 

public officials can work with the private sector in the development, 

financing, construction, and operation of transportation facilities. 

(b) CONTENTS.—The best practices compiled under subsection 

(a) shall include polices and techniques to ensure that the interests 

of the traveling public and State and local governments are protected in any agreement entered into with the private sector for 

the development, financing, construction, and operation of transportation facilities. 

(c) TECHNICAL ASSISTANCE.—The Secretary, on request, may 

provide technical assistance to States, public transportation agencies, and other public officials regarding proposed public-private 

partnership agreements for the development, financing, construction, and operation of transportation facilities, including assistance 

in analyzing whether the use of a public-private partnership agreement would provide value compared with traditional public delivery 

methods. 

(d) STANDARD TRANSACTION CONTRACTS.— 

(1) DEVELOPMENT.—Not later than 18 months after the 

date of enactment of this Act, the Secretary shall develop 

standard public-private partnership transaction model contracts 

for the most popular types of public-private partnerships for 

the development, financing, construction, and operation of 

transportation facilities. 

(2) USE.—The Secretary shall encourage States, public 

transportation agencies, and other public officials to use the 

model contracts as a base template when developing their own 

public-private partnership agreements for the development, 

financing, construction, and operation of transportation facilities. 

SEC. 1535. REPORT ON HIGHWAY TRUST FUND EXPENDITURES. 

(a) INITIAL REPORT.—Not later than 150 days after the date 

of enactment of this Act, the Comptroller General of the United 

States shall submit to Congress a report describing the activities 

funded from the Highway Trust Fund during each of fiscal years 

2009 through 2011, including for purposes other than construction 

and maintenance of highways and bridges. 

(b) UPDATES.—Not later than 5 years after the date on which 

the report is submitted under subsection (a) and every 5 years 

Time period. 

23 USC 101 note. 

Deadline. 

Compilation. 

Public 

information. 

Web posting. 

49 USC 301 note. 


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thereafter, the Comptroller General of the United States shall 

submit to Congress a report that updates the information provided 

in the report under that subsection for the applicable 5-year period. 

(c) INCLUSIONS.—A report submitted under subsection (a) or 

(b) shall include information similar to the information included 

in the report of the Government Accountability Office numbered 

‘‘GAO–09–729R’’ and entitled ‘‘Highway Trust Fund Expenditures 

on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 2004–2008’’. 

SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE. 

(a) FINDINGS.—Congress finds that— 

(1) there are 926 coastal, Great Lakes, and inland harbors 

maintained by the Corps of Engineers; 

(2) according to the Bureau of Transportation Statistics— 

(A) in 2009, the ports and waterways of the United 

States handled more than 2,200,000,000 short tons of 

imports, exports, and domestic shipments; and 

(B) in 2010, United States ports were responsible for 

more than $1,400,000,000,000 in waterborne imports and 

exports; 

(3) according to the Congressional Research Service, full 

channel dimensions are, on average, available approximately 

1⁄3 of the time at the 59 harbors of the United States with 

the highest use rates; 

(4) in 1986, Congress created the Harbor Maintenance 

Trust Fund to provide funds for the operation and maintenance 

of the navigation channels of the United States; 

(5) in fiscal year 2012, the Harbor Maintenance Trust 

Fund is expected to grow from $6,280,000,000 to 

$7,011,000,000, an increase of approximately 13 percent; 

(6) despite growth of the Harbor Maintenance Trust Fund, 

expenditures from the Harbor Maintenance Trust Fund have 

not been sufficiently spent; and 

(7) inadequate investment in dredging needs is restricting 

access to the ports of the United States for domestic shipping, 

imports, and exports and therefore threatening the economic 

competitiveness of the United States. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Administration should request full use of the Harbor 

Maintenance Trust Fund for operating and maintaining the 

navigation channels of the United States; 

(2) the amounts in the Harbor Maintenance Trust Fund 

should be fully expended to operate and maintain the navigation channels of the United States; and 

(3) Congress should ensure that other programs, projects, 

and activities of the Civil Works Program of the Corps of 

Engineers, especially those programs, projects, and activities 

relating to inland navigation and flood control, are not adversely 

impacted. 

SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE NEEDS. 

For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to section 1105 of title 

31, United States Code, shall include— 

33 USC 2238a. 


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(1) an estimate of the nationwide average availability, 

expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance 

Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and 

(2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would 

be required to increase that average availability to 95 percent 

over a 3-year period. 

SEC. 1538. ASIAN CARP. 

(a) DEFINITIONS.—In this section: 

(1) HYDROLOGICAL SEPARATION.—The term ‘‘hydrological 

separation’’ means a physical separation on the Chicago Area 

Waterway System that— 

(A) would disconnect the Mississippi River watershed 

from the Lake Michigan watershed; and 

(B) shall be designed to be adequate in scope to prevent 

the transfer of all aquatic species between each of those 

bodies of water. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Army, acting through the Chief of Engineers. 

(b) EXPEDITED STUDY AND REPORT.— 

(1) IN GENERAL.—The Secretary shall— 

(A) expedite completion of the report for the study 

authorized by section 3061(d) of the Water Resources 

Development Act of 2007 (Public Law 110–114; 121 Stat. 

1121); and 

(B) if the Secretary determines a project is justified 

in the completed report, proceed directly to project 

preconstruction engineering and design. 

(2) FOCUS.—In expediting the completion of the study and 

report under paragraph (1), the Secretary shall focus on— 

(A) the prevention of the spread of aquatic nuisance 

species between the Great Lakes and Mississippi River 

Basins, such as through the permanent hydrological separation of the Great Lakes and Mississippi River Basins; 

and 

(B) the watersheds of the following rivers and tributaries associated with the Chicago Area Waterway System: 

(i) The Illinois River, at and in the vicinity of 

Chicago, Illinois. 

(ii) The Chicago River, Calumet River, North Shore 

Channel, Chicago Sanitary and Ship Canal, and CalSag Channel in the State of Illinois. 

(iii) The Grand Calumet River and Little Calumet 

River in the States of Illinois and Indiana. 

(3) EFFICIENT USE OF FUNDS.—The Secretary shall ensure 

the efficient use of funds to maximize the timely completion 

of the study and report under paragraph (1). 

(4) DEADLINE.—The Secretary shall complete the report 

under paragraph (1) by not later than 18 months after the 

date of enactment of this Act. 

(5) INTERIM REPORT.—Not later than 90 days after the 

date of enactment of this Act, the Secretary shall submit to 


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the Committees on Appropriations of the House of Representatives and Senate, the Committee on Environment and Public 

Works of the Senate, and the Committee on Transportation 

and Infrastructure of the House of Representatives a report 

describing— 

(A) interim milestones that will be met prior to final 

completion of the study and report under paragraph (1); 

and 

(B) funding necessary for completion of the study and 

report under paragraph (1), including funding necessary 

for completion of each interim milestone identified under 

subparagraph (A). 

SEC. 1539. REST AREAS. 

(a) AGREEMENTS RELATING TO USE OF AND ACCESS TO RIGHTS- OF-WAY—INTERSTATE SYSTEM.—Section 111 of title 23, United 

States Code, is amended— 

(1) in subsection (a) in the second sentence by striking 

the period and inserting ‘‘and will not change the boundary 

of any right-of-way on the Interstate System to accommodate 

construction of, or afford access to, an automotive service station 

or other commercial establishment.’’; 

(2) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; and 

(3) by inserting after subsection (a) the following: 

‘‘(b) REST AREAS.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (a), the Secretary shall permit a State to acquire, construct, operate, and 

maintain a rest area along a highway on the Interstate System 

in such State. 

‘‘(2) LIMITED ACTIVITIES.—The Secretary shall permit limited commercial activities within a rest area under paragraph 

(1), if the activities are available only to customers using the 

rest area and are limited to— 

‘‘(A) commercial advertising and media displays if such 

advertising and displays are— 

‘‘(i) exhibited solely within any facility constructed 

in the rest area; and 

‘‘(ii) not legible from the main traveled way; 

‘‘(B) items designed to promote tourism in the State, 

limited to books, DVDs, and other media; 

‘‘(C) tickets for events or attractions in the State of 

a historical or tourism-related nature; 

‘‘(D) travel-related information, including maps, travel 

booklets, and hotel coupon booklets; and 

‘‘(E) lottery machines, provided that the priority 

afforded to blind vendors under subsection (c) applies to 

this subparagraph. 

‘‘(3) PRIVATE OPERATORS.—A State may permit a private 

party to operate such commercial activities. 

‘‘(4) LIMITATION ON USE OF REVENUES.—A State shall use 

any revenues received from the commercial activities in a rest 

area under this section to cover the costs of acquiring, constructing, operating, and maintaining rest areas in the State.’’. 

(b) CONTROL OF OUTDOOR ADVERTISING.—Section 131(i) of title 

23, United States Code, is amended by adding at the end the 

following: 


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‘‘A State may permit the installation of signs that acknowledge 

the sponsorship of rest areas within such rest areas or along the 

main traveled way of the system, provided that such signs shall 

not affect the safe and efficient utilization of the Interstate System 

and the primary system. The Secretary shall establish criteria 

for the installation of such signs on the main traveled way, including 

criteria pertaining to the placement of rest area sponsorship 

acknowledgment signs in relation to the placement of advance guide 

signs for rest areas.’’. 

Subtitle F—Gulf Coast Restoration 

SEC. 1601. SHORT TITLE. 

This subtitle may be cited as the ‘‘Resources and Ecosystems 

Sustainability, Tourist Opportunities, and Revived Economies of 

the Gulf Coast States Act of 2012’’. 

SEC. 1602. GULF COAST RESTORATION TRUST FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a trust fund to be known as the ‘‘Gulf Coast 

Restoration Trust Fund’’ (referred to in this section as the ‘‘Trust 

Fund’’), consisting of such amounts as are deposited in the Trust 

Fund under this Act or any other provision of law. 

(b) TRANSFERS.—The Secretary of the Treasury shall deposit 

in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date 

of enactment of this Act in connection with the explosion on, and 

sinking of, the mobile offshore drilling unit Deepwater Horizon 

pursuant to a court order, negotiated settlement, or other 

instrument in accordance with section 311 of the Federal Water 

Pollution Control Act (33 U.S.C. 1321). 

(c) EXPENDITURES.—Amounts in the Trust Fund, including 

interest earned on advances to the Trust Fund and proceeds from 

investment under subsection (d), shall— 

(1) be available for expenditure, without further appropriation, solely for the purpose and eligible activities of this subtitle 

and the amendments made by this subtitle; and 

(2) remain available until expended, without fiscal year 

limitation. 

(d) INVESTMENT.—Amounts in the Trust Fund shall be invested 

in accordance with section 9702 of title 31, United States Code, 

and any interest on, and proceeds from, any such investment shall 

be available for expenditure in accordance with this subtitle and 

the amendments made by this subtitle. 

(e) ADMINISTRATION.—Not later than 180 days after the date 

of enactment of this Act, after providing notice and an opportunity 

for public comment, the Secretary of the Treasury, in consultation 

with the Secretary of the Interior and the Secretary of Commerce, 

shall establish such procedures as the Secretary determines to 

be necessary to deposit amounts in, and expend amounts from, 

the Trust Fund pursuant to this subtitle, including— 

(1) procedures to assess whether the programs and activities carried out under this subtitle and the amendments made 

by this subtitle achieve compliance with applicable requirements, including procedures by which the Secretary of the 

Treasury may determine whether an expenditure by a Gulf 

Deadline. 

Procedures. 

33 USC 1321 

note. 

33 USC 1321 

note. 

Resources and 

Ecosystems 

Sustainability, 

Tourist 

Opportunities, 

and Revived 

Economies of the 

Gulf Coast States 

Act of 2012. 

Criteria. 


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Coast State or coastal political subdivision (as those terms 

are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a program or 

activity achieves compliance; 

(2) auditing requirements to ensure that amounts in the 

Trust Fund are expended as intended; and 

(3) procedures for identification and allocation of funds 

available to the Secretary under other provisions of law that 

may be necessary to pay the administrative expenses directly 

attributable to the management of the Trust Fund. 

(f) SUNSET.—The authority for the Trust Fund shall terminate 

on the date all funds in the Trust Fund have been expended. 

SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND 

ECONOMIC RECOVERY. 

Section 311 of the Federal Water Pollution Control Act (33 

U.S.C. 1321) is amended— 

(1) in subsection (a)— 

(A) in paragraph (25)(B), by striking ‘‘and’’ at the end; 

(B) in paragraph (26)(D), by striking the period at 

the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(27) the term ‘best available science’ means science that— 

‘‘(A) maximizes the quality, objectivity, and integrity 

of information, including statistical information; 

‘‘(B) uses peer-reviewed and publicly available data; 

and 

‘‘(C) clearly documents and communicates risks and 

uncertainties in the scientific basis for such projects; 

‘‘(28) the term ‘Chairperson’ means the Chairperson of the 

Council; 

‘‘(29) the term ‘coastal political subdivision’ means any 

local political jurisdiction that is immediately below the State 

level of government, including a county, parish, or borough, 

with a coastline that is contiguous with any portion of the 

United States Gulf of Mexico; 

‘‘(30) the term ‘Comprehensive Plan’ means the comprehensive plan developed by the Council pursuant to subsection 

(t); 

‘‘(31) the term ‘Council’ means the Gulf Coast Ecosystem 

Restoration Council established pursuant to subsection (t); 

‘‘(32) the term ‘Deepwater Horizon oil spill’ means the 

blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting 

hydrocarbon releases into the environment; 

‘‘(33) the term ‘Gulf Coast region’ means— 

‘‘(A) in the Gulf Coast States, the coastal zones (as 

that term is defined in section 304 of the Coastal Zone 

Management Act of 1972 (16 U.S.C. 1453)), except that, 

in this section, the term ‘coastal zones’ includes land within 

the coastal zones that is held in trust by, or the use 

of which is by law subject solely to the discretion of, the 

Federal Government or officers or agents of the Federal 

Government)) that border the Gulf of Mexico; 

‘‘(B) any adjacent land, water, and watersheds, that 

are within 25 miles of the coastal zones described in 

subparagraph (A) of the Gulf Coast States; and 

Definitions. 

33 USC 1321 

note. 


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126 STAT. 590 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(C) all Federal waters in the Gulf of Mexico; 

‘‘(34) the term ‘Gulf Coast State’ means any of the States 

of Alabama, Florida, Louisiana, Mississippi, and Texas; and 

‘‘(35) the term ‘Trust Fund’ means the Gulf Coast Restoration Trust Fund established pursuant to section 1602 of the 

Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 

2012.’’; 

(2) in subsection (s), by inserting ‘‘except as provided in 

subsection (t)’’ before the period at the end; and 

(3) by adding at the end the following: 

‘‘(t) GULF COAST RESTORATION AND RECOVERY.— ‘‘(1) STATE ALLOCATION AND EXPENDITURES.— ‘‘(A) IN GENERAL.—Of the total amounts made available 

in any fiscal year from the Trust Fund, 35 percent shall 

be available, in accordance with the requirements of this 

section, to the Gulf Coast States in equal shares for 

expenditure for ecological and economic restoration of the 

Gulf Coast region in accordance with this subsection. 

‘‘(B) USE OF FUNDS.— 

‘‘(i) ELIGIBLE ACTIVITIES IN THE GULF COAST

REGION.—Subject to clause (iii), amounts provided to 

the Gulf Coast States under this subsection may only 

be used to carry out 1 or more of the following activities 

in the Gulf Coast region: 

‘‘(I) Restoration and protection of the natural 

resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the 

Gulf Coast region. 

‘‘(II) Mitigation of damage to fish, wildlife, and 

natural resources. 

‘‘(III) Implementation of a federally approved 

marine, coastal, or comprehensive conservation 

management plan, including fisheries monitoring. 

‘‘(IV) Workforce development and job creation. 

‘‘(V) Improvements to or on State parks located 

in coastal areas affected by the Deepwater Horizon 

oil spill. 

‘‘(VI) Infrastructure projects benefitting the 

economy or ecological resources, including port 

infrastructure. 

‘‘(VII) Coastal flood protection and related 

infrastructure. 

‘‘(VIII) Planning assistance. 

‘‘(IX) Administrative costs of complying with 

this subsection. 

‘‘(ii) ACTIVITIES TO PROMOTE TOURISM AND SEAFOOD

IN THE GULF COAST REGION.—Amounts provided to the 

Gulf Coast States under this subsection may be used 

to carry out 1 or more of the following activities: 

‘‘(I) Promotion of tourism in the Gulf Coast 

Region, including recreational fishing. 

‘‘(II) Promotion of the consumption of seafood 

harvested from the Gulf Coast Region. 

‘‘(iii) LIMITATION.— ‘‘(I) IN GENERAL.—Of the amounts received by 

a Gulf Coast State under this subsection, not more 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 591 

than 3 percent may be used for administrative 

costs eligible under clause (i)(IX). 

‘‘(II) CLAIMS FOR COMPENSATION.—Activities 

funded under this subsection may not be included 

in any claim for compensation paid out by the 

Oil Spill Liability Trust Fund after the date of 

enactment of this subsection. 

‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— ‘‘(i) DISTRIBUTION.—In the case of a State where 

the coastal zone includes the entire State— 

‘‘(I) 75 percent of funding shall be provided 

directly to the 8 disproportionately affected counties impacted by the Deepwater Horizon oil spill; 

and 

‘‘(II) 25 percent shall be provided directly to 

nondisproportionately impacted counties within 

the State. 

‘‘(ii) NONDISPROPORTIONATELY IMPACTED COUNTIES.—The total amounts made available to coastal 

political subdivisions in the State of Florida under 

clause (i)(II) shall be distributed according to the following weighted formula: 

‘‘(I) 34 percent based on the weighted average 

of the population of the county. 

‘‘(II) 33 percent based on the weighted average 

of the county per capita sales tax collections estimated for fiscal year 2012. 

‘‘(III) 33 percent based on the inverse proportion of the weighted average distance from the 

Deepwater Horizon oil rig to each of the nearest 

and farthest points of the shoreline. 

‘‘(D) LOUISIANA.— 

‘‘(i) IN GENERAL.—Of the total amounts made available to the State of Louisiana under this paragraph: 

‘‘(I) 70 percent shall be provided directly to 

the State in accordance with this subsection. 

‘‘(II) 30 percent shall be provided directly to 

parishes in the coastal zone (as defined in section 

304 of the Coastal Zone Management Act of 1972 

(16 U.S.C. 1453)) of the State of Louisiana 

according to the following weighted formula: 

‘‘(aa) 40 percent based on the weighted 

average of miles of the parish shoreline oiled. 

‘‘(bb) 40 percent based on the weighted 

average of the population of the parish. 

‘‘(cc) 20 percent based on the weighted 

average of the land mass of the parish. 

‘‘(ii) CONDITIONS.— 

‘‘(I) LAND USE PLAN.—As a condition of 

receiving amounts allocated under this paragraph, 

the chief executive of the eligible parish shall certify to the Governor of the State that the parish 

has completed a comprehensive land use plan. 

‘‘(II) OTHER CONDITIONS.—A coastal political 

subdivision receiving funding under this paragraph 

shall meet all of the conditions in subparagraph 

(E). 


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126 STAT. 592 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(E) CONDITIONS.—As a condition of receiving amounts 

from the Trust Fund, a Gulf Coast State, including the 

entities described in subparagraph (F), or a coastal political 

subdivision shall— 

‘‘(i) agree to meet such conditions, including audit 

requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed 

from the Trust Fund will be used in accordance with 

this subsection; 

‘‘(ii) certify in such form and in such manner as 

the Secretary of the Treasury determines necessary 

that the project or program for which the Gulf Coast 

State or coastal political subdivision is requesting 

amounts— 

‘‘(I) is designed to restore and protect the natural resources, ecosystems, fisheries, marine and 

wildlife habitats, beaches, coastal wetlands, or 

economy of the Gulf Coast; 

‘‘(II) carries out 1 or more of the activities 

described in clauses (i) and (ii) of subparagraph 

(B); 

‘‘(III) was selected based on meaningful input 

from the public, including broad-based participation from individuals, businesses, and nonprofit 

organizations; and 

‘‘(IV) in the case of a natural resource protection or restoration project, is based on the best 

available science; 

‘‘(iii) certify that the project or program and the 

awarding of a contract for the expenditure of amounts 

received under this paragraph are consistent with the 

standard procurement rules and regulations governing 

a comparable project or program in that State, 

including all applicable competitive bidding and audit 

requirements; and 

‘‘(iv) develop and submit a multiyear implementation plan for the use of such amounts, which may 

include milestones, projected completion of each 

activity, and a mechanism to evaluate the success of 

each activity in helping to restore and protect the 

Gulf Coast region impacted by the Deepwater Horizon 

oil spill. 

‘‘(F) APPROVAL BY STATE ENTITY, TASK FORCE, OR

AGENCY.—The following Gulf Coast State entities, task 

forces, or agencies shall carry out the duties of a Gulf 

Coast State pursuant to this paragraph: 

‘‘(i) ALABAMA.— 

‘‘(I) IN GENERAL.—In the State of Alabama, 

the Alabama Gulf Coast Recovery Council, which 

shall be comprised of only the following: 

‘‘(aa) The Governor of Alabama, who shall 

also serve as Chairperson and preside over 

the meetings of the Alabama Gulf Coast 

Recovery Council. 

‘‘(bb) The Director of the Alabama State 

Port Authority, who shall also serve as Vice 

Chairperson and preside over the meetings 

Implementation 

plan. 

Certification. 

Certification. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 593 

of the Alabama Gulf Coast Recovery Council 

in the absence of the Chairperson. 

‘‘(cc) The Chairman of the Baldwin County 

Commission. 

‘‘(dd) The President of the Mobile County 

Commission. 

‘‘(ee) The Mayor of the city of Bayou La 

Batre. 

‘‘(ff) The Mayor of the town of Dauphin 

Island. 

‘‘(gg) The Mayor of the city of Fairhope. 

‘‘(hh) The Mayor of the city of Gulf Shores. 

‘‘(ii) The Mayor of the city of Mobile. 

‘‘(jj) The Mayor of the city of Orange 

Beach. 

‘‘(II) VOTE.—Each member of the Alabama 

Gulf Coast Recovery Council shall be entitled to 

1 vote. 

‘‘(III) MAJORITY VOTE.—All decisions of the 

Alabama Gulf Coast Recovery Council shall be 

made by majority vote. 

‘‘(IV) LIMITATION ON ADMINISTRATIVE

EXPENSES.—Administrative duties for the Alabama 

Gulf Coast Recovery Council may only be performed by public officials and employees that are 

subject to the ethics laws of the State of Alabama. 

‘‘(ii) LOUISIANA.—In the State of Louisiana, the 

Coastal Protection and Restoration Authority of Louisiana. 

‘‘(iii) MISSISSIPPI.—In the State of Mississippi, the 

Mississippi Department of Environmental Quality. 

‘‘(iv) TEXAS.—In the State of Texas, the Office of 

the Governor or an appointee of the Office of the Governor. 

‘‘(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES.—If the 

Secretary of the Treasury determines that an expenditure 

by a Gulf Coast State or coastal political subdivision of 

amounts made available under this subsection does not 

meet one of the activities described in clauses (i) and (ii) 

of subparagraph (B), the Secretary shall make no additional 

amounts from the Trust Fund available to that Gulf Coast 

State or coastal political subdivision until such time as 

an amount equal to the amount expended for the unauthorized use— 

‘‘(i) has been deposited by the Gulf Coast State 

or coastal political subdivision in the Trust Fund; or 

‘‘(ii) has been authorized by the Secretary of the 

Treasury for expenditure by the Gulf Coast State or 

coastal political subdivision for a project or program 

that meets the requirements of this subsection. 

‘‘(H) COMPLIANCE WITH CONDITIONS.—If the Secretary 

of the Treasury determines that a Gulf Coast State or 

coastal political subdivision does not meet the requirements 

of this paragraph, including the conditions of subparagraph 

(E), where applicable, the Secretary of the Treasury shall 

make no amounts from the Trust Fund available to that 


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126 STAT. 594 PUBLIC LAW 112–141—JULY 6, 2012 

Gulf Coast State or coastal political subdivision until all 

conditions of this paragraph are met. 

‘‘(I) PUBLIC INPUT.—In meeting any condition of this 

paragraph, a Gulf Coast State may use an appropriate 

procedure for public consultation in that Gulf Coast State, 

including consulting with one or more established task 

forces or other entities, to develop recommendations for 

proposed projects and programs that would restore and 

protect the natural resources, ecosystems, fisheries, marine 

and wildlife habitats, beaches, coastal wetlands, and 

economy of the Gulf Coast. 

‘‘(J) PREVIOUSLY APPROVED PROJECTS AND PROGRAMS.— A Gulf Coast State or coastal political subdivision shall 

be considered to have met the conditions of subparagraph 

(E) for a specific project or program if, before the date 

of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of 

the Gulf Coast States Act of 2012— 

‘‘(i) the Gulf Coast State or coastal political subdivision has established conditions for carrying out 

projects and programs that are substantively the same 

as the conditions described in subparagraph (E); and 

‘‘(ii) the applicable project or program carries out 

1 or more of the activities described in clauses (i) 

and (ii) of subparagraph (B). 

‘‘(K) LOCAL PREFERENCE.—In awarding contracts to 

carry out a project or program under this paragraph, a 

Gulf Coast State or coastal political subdivision may give 

a preference to individuals and companies that reside in, 

are headquartered in, or are principally engaged in business in the State of project execution. 

‘‘(L) UNUSED FUNDS.—Funds allocated to a State or 

coastal political subdivision under this paragraph shall 

remain in the Trust Fund until such time as the State 

or coastal political subdivision develops and submits a plan 

identifying uses for those funds in accordance with subparagraph (E)(iv). 

‘‘(M) JUDICIAL REVIEW.—If the Secretary of the 

Treasury determines that a Gulf Coast State or coastal 

political subdivision does not meet the requirements of 

this paragraph, including the conditions of subparagraph 

(E), the Gulf Coast State or coastal political subdivision 

may obtain expedited judicial review within 90 days after 

that decision in a district court of the United States, of 

appropriate jurisdiction and venue, that is located within 

the State seeking the review. 

‘‘(N) COST-SHARING.— 

‘‘(i) IN GENERAL.—A Gulf Coast State or coastal 

political subdivision may use, in whole or in part, 

amounts made available under this paragraph to that 

Gulf Coast State or coastal political subdivision to satisfy the non-Federal share of the cost of any project 

or program authorized by Federal law that is an 

eligible activity described in clauses (i) and (ii) of 

subparagraph (B). 

‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funds 

made available from the Trust Fund to satisfy the 

Plan. 

Contracts. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 595 

non-Federal share of the cost of a project or program 

that meets the requirements of clause (i) shall not 

affect the priority in which other Federal funds are 

allocated or awarded. 

‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCATION.— ‘‘(A) IN GENERAL.—Of the total amount made available 

in any fiscal year from the Trust Fund, 30 percent shall 

be disbursed to the Council to carry out the Comprehensive 

Plan. 

‘‘(B) COUNCIL EXPENDITURES.— ‘‘(i) IN GENERAL.—In accordance with this paragraph, the Council shall expend funds made available 

from the Trust Fund to undertake projects and programs, using the best available science, that would 

restore and protect the natural resources, ecosystems, 

fisheries, marine and wildlife habitats, beaches, coastal 

wetlands, and economy of the Gulf Coast. 

‘‘(ii) ALLOCATION AND EXPENDITURE PROCEDURES.— 

The Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary 

of the Treasury determines necessary to ensure that 

amounts disbursed from the Trust Fund to the Council 

to implement the Comprehensive Plan will be used 

in accordance with this paragraph. 

‘‘(iii) ADMINISTRATIVE EXPENSES.—Of the amounts 

received by the Council under this paragraph, not more 

than 3 percent may be used for administrative 

expenses, including staff. 

‘‘(C) GULF COAST ECOSYSTEM RESTORATION COUNCIL.— 

‘‘(i) ESTABLISHMENT.—There is established as an 

independent entity in the Federal Government a 

council to be known as the ‘Gulf Coast Ecosystem 

Restoration Council’. 

‘‘(ii) MEMBERSHIP.—The Council shall consist of 

the following members, or in the case of a Federal 

agency, a designee at the level of the Assistant Secretary or the equivalent: 

‘‘(I) The Secretary of the Interior. 

‘‘(II) The Secretary of the Army. 

‘‘(III) The Secretary of Commerce. 

‘‘(IV) The Administrator of the Environmental 

Protection Agency. 

‘‘(V) The Secretary of Agriculture. 

‘‘(VI) The head of the department in which 

the Coast Guard is operating. 

‘‘(VII) The Governor of the State of Alabama. 

‘‘(VIII) The Governor of the State of Florida. 

‘‘(IX) The Governor of the State of Louisiana. 

‘‘(X) The Governor of the State of Mississippi. 

‘‘(XI) The Governor of the State of Texas. 

‘‘(iii) ALTERNATE.—A Governor appointed to the 

Council by the President may designate an alternate 

to represent the Governor on the Council and vote 

on behalf of the Governor. 

‘‘(iv) CHAIRPERSON.—From among the Federal 

agency members of the Council, the representatives 

of States on the Council shall select, and the President 

President. 

Appointment. 

Audits. 


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126 STAT. 596 PUBLIC LAW 112–141—JULY 6, 2012 

shall appoint, 1 Federal member to serve as Chairperson of the Council. 

‘‘(v) PRESIDENTIAL APPOINTMENT.—All Council 

members shall be appointed by the President. 

‘‘(vi) COUNCIL ACTIONS.— ‘‘(I) IN GENERAL.—The following actions by the 

Council shall require the affirmative vote of the 

Chairperson and a majority of the State members 

to be effective: 

‘‘(aa) Approval of a Comprehensive Plan 

and future revisions to a Comprehensive Plan. 

‘‘(bb) Approval of State plans pursuant to 

paragraph (3)(B)(iv). 

‘‘(cc) Approval of reports to Congress 

pursuant to clause (vii)(VII). 

‘‘(dd) Approval of transfers pursuant to 

subparagraph (E)(ii)(I). 

‘‘(ee) Other significant actions determined 

by the Council. 

‘‘(II) QUORUM.—A majority of State members 

shall be required to be present for the Council 

to take any significant action. 

‘‘(III) AFFIRMATIVE VOTE REQUIREMENT

CONSIDERED MET.—For approval of State plans 

pursuant to paragraph (3)(B)(iv), the certification 

by a State member of the Council that the plan 

satisfies all requirements of clauses (i) and (ii) 

of paragraph (3)(B), when joined by an affirmative 

vote of the Federal Chairperson of the Council, 

shall be considered to satisfy the requirements 

for affirmative votes under subclause (I). 

‘‘(IV) PUBLIC TRANSPARENCY.—Appropriate 

actions of the Council, including significant actions 

and associated deliberations, shall be made available to the public via electronic means prior to 

any vote. 

‘‘(vii) DUTIES OF COUNCIL.—The Council shall— 

‘‘(I) develop the Comprehensive Plan and 

future revisions to the Comprehensive Plan; 

‘‘(II) identify as soon as practicable the projects 

that— 

‘‘(aa) have been authorized prior to the 

date of enactment of this subsection but not 

yet commenced; and 

‘‘(bb) if implemented quickly, would 

restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and 

coastal wetlands of the Gulf Coast region; 

‘‘(III) establish such other 1 or more advisory 

committees as may be necessary to assist the 

Council, including a scientific advisory committee 

and a committee to advise the Council on public 

policy issues; 

‘‘(IV) collect and consider scientific and other 

research associated with restoration of the Gulf 

Coast ecosystem, including research, observation, 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 597 

and monitoring carried out pursuant to sections 

1604 and 1605 of the Resources and Ecosystems 

Sustainability, Tourist Opportunities, and Revived 

Economies of the Gulf Coast States Act of 2012; 

‘‘(V) develop standard terms to include in contracts for projects and programs awarded pursuant 

to the Comprehensive Plan that provide a preference to individuals and companies that reside 

in, are headquartered in, or are principally 

engaged in business in a Gulf Coast State; 

‘‘(VI) prepare an integrated financial plan and 

recommendations for coordinated budget requests 

for the amounts proposed to be expended by the 

Federal agencies represented on the Council for 

projects and programs in the Gulf Coast States; 

and 

‘‘(VII) submit to Congress an annual report 

that— 

‘‘(aa) summarizes the policies, strategies, 

plans, and activities for addressing the restoration and protection of the Gulf Coast 

region; 

‘‘(bb) describes the projects and programs 

being implemented to restore and protect the 

Gulf Coast region, including— 

‘‘(AA) a list of each project and program; 

‘‘(BB) an identification of the funding 

provided to projects and programs identified in subitem (AA); 

‘‘(CC) an identification of each 

recipient for funding identified in subitem 

(BB); and 

‘‘(DD) a description of the length of 

time and funding needed to complete the 

objectives of each project and program 

identified in subitem (AA); 

‘‘(cc) makes such recommendations to Congress for modifications of existing laws as the 

Council determines necessary to implement 

the Comprehensive Plan; 

‘‘(dd) reports on the progress on 

implementation of each project or program— 

‘‘(AA) after 3 years of ongoing activity 

of the project or program, if applicable; 

and 

‘‘(BB) on completion of the project or 

program; 

‘‘(ee) includes the information required to 

be submitted under section 1605(c)(4) of the 

Resources and Ecosystems Sustainability, 

Tourist Opportunities, and Revived Economies 

of the Gulf Coast States Act of 2012; and 

‘‘(ff) submits the reports required under 

item (dd) to— 

‘‘(AA) the Committee on Science, 

Space, and Technology, the Committee on 

Reports. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 598 PUBLIC LAW 112–141—JULY 6, 2012 

Natural Resources, the Committee on 

Transportation and Infrastructure, and 

the Committee on Appropriations of the 

House of Representatives; and 

‘‘(BB) the Committee on Environment 

and Public Works, the Committee on Commerce, Science, and Transportation, the 

Committee on Energy and Natural 

Resources, and the Committee on Appropriations of the Senate. 

‘‘(viii) APPLICATION OF FEDERAL ADVISORY COM- MITTEE ACT.—The Council, or any other advisory committee established under this subparagraph, shall not 

be considered an advisory committee under the Federal 

Advisory Committee Act (5 U.S.C. App.). 

‘‘(ix) SUNSET.—The authority for the Council, and 

any other advisory committee established under this 

subparagraph, shall terminate on the date all funds 

in the Trust Fund have been expended. 

‘‘(D) COMPREHENSIVE PLAN.— 

‘‘(i) PROPOSED PLAN.— 

‘‘(I) IN GENERAL.—Not later than 180 days 

after the date of enactment of the Resources and 

Ecosystems Sustainability, Tourist Opportunities, 

and Revived Economies of the Gulf Coast States 

Act of 2012, the Chairperson, on behalf of the 

Council and after appropriate public input, review, 

and comment, shall publish a proposed plan to 

restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, 

beaches, and coastal wetlands of the Gulf Coast 

region. 

‘‘(II) INCLUSIONS.—The proposed plan 

described in subclause (I) shall include and incorporate the findings and information prepared by 

the President’s Gulf Coast Restoration Task Force. 

‘‘(ii) PUBLICATION.— 

‘‘(I) INITIAL PLAN.—Not later than 1 year after 

the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and 

Revived Economies of the Gulf Coast States Act 

of 2012 and after notice and opportunity for public 

comment, the Chairperson, on behalf of the Council 

and after approval by the Council, shall publish 

in the Federal Register the initial Comprehensive 

Plan to restore and protect the natural resources, 

ecosystems, fisheries, marine and wildlife habitats, 

beaches, and coastal wetlands of the Gulf Coast 

region. 

‘‘(II) COOPERATION WITH GULF COAST RESTORATION TASK FORCE.—The Council shall develop the 

initial Comprehensive Plan in close coordination 

with the President’s Gulf Coast Restoration Task 

Force. 

‘‘(III) CONSIDERATIONS.—In developing the initial Comprehensive Plan and subsequent updates, 

the Council shall consider all relevant findings, 

Deadline. 

Federal Register, 

publication. 

Deadline. 

Publication. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 599 

reports, or research prepared or funded under section 1604 or 1605 of the Resources and Ecosystems 

Sustainability, Tourist Opportunities, and Revived 

Economies of the Gulf Coast States Act of 2012. 

‘‘(IV) CONTENTS.—The initial Comprehensive 

Plan shall include— 

‘‘(aa) such provisions as are necessary to 

fully incorporate in the Comprehensive Plan 

the strategy, projects, and programs recommended by the President’s Gulf Coast Restoration Task Force; 

‘‘(bb) a list of any project or program 

authorized prior to the date of enactment of 

this subsection but not yet commenced, the 

completion of which would further the purposes and goals of this subsection and of the 

Resources and Ecosystems Sustainability, 

Tourist Opportunities, and Revived Economies 

of the Gulf Coast States Act of 2012; 

‘‘(cc) a description of the manner in which 

amounts from the Trust Fund projected to be 

made available to the Council for the succeeding 10 years will be allocated; and 

‘‘(dd) subject to available funding in 

accordance with clause (iii), a prioritized list 

of specific projects and programs to be funded 

and carried out during the 3-year period immediately following the date of publication of the 

initial Comprehensive Plan, including a table 

that illustrates the distribution of projects and 

programs by the Gulf Coast State. 

‘‘(V) PLAN UPDATES.—The Council shall 

update— 

‘‘(aa) the Comprehensive Plan every 5 

years in a manner comparable to the manner 

established in this subparagraph for each 5- 

year period for which amounts are expected 

to be made available to the Gulf Coast States 

from the Trust Fund; and 

‘‘(bb) the 3-year list of projects and programs described in subclause (IV)(dd) 

annually. 

‘‘(iii) RESTORATION PRIORITIES.—Except for projects 

and programs described in clause (ii)(IV)(bb), in 

selecting projects and programs to include on the 3- 

year list described in clause (ii)(IV)(dd), based on the 

best available science, the Council shall give highest 

priority to projects that address 1 or more of the following criteria: 

‘‘(I) Projects that are projected to make the 

greatest contribution to restoring and protecting 

the natural resources, ecosystems, fisheries, 

marine and wildlife habitats, beaches, and coastal 

wetlands of the Gulf Coast region, without regard 

to geographic location within the Gulf Coast 

region. 

Time period. 


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126 STAT. 600 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(II) Large-scale projects and programs that 

are projected to substantially contribute to 

restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, 

beaches, and coastal wetlands of the Gulf Coast 

ecosystem. 

‘‘(III) Projects contained in existing Gulf Coast 

State comprehensive plans for the restoration and 

protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and 

coastal wetlands of the Gulf Coast region. 

‘‘(IV) Projects that restore long-term resiliency 

of the natural resources, ecosystems, fisheries, 

marine and wildlife habitats, beaches, and coastal 

wetlands most impacted by the Deepwater Horizon 

oil spill. 

‘‘(E) IMPLEMENTATION.— 

‘‘(i) IN GENERAL.—The Council, acting through the 

Federal agencies represented on the Council and Gulf 

Coast States, shall expend funds made available from 

the Trust Fund to carry out projects and programs 

adopted in the Comprehensive Plan. 

‘‘(ii) ADMINISTRATIVE RESPONSIBILITY.— 

‘‘(I) IN GENERAL.—Primary authority and 

responsibility for each project and program 

included in the Comprehensive Plan shall be 

assigned by the Council to a Gulf Coast State 

represented on the Council or a Federal agency. 

‘‘(II) TRANSFER OF AMOUNTS.—Amounts necessary to carry out each project or program 

included in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the 

Trust Fund to that Federal agency or Gulf Coast 

State as the project or program is implemented, 

subject to such conditions as the Secretary of the 

Treasury, in consultation with the Secretary of 

the Interior and the Secretary of Commerce, established pursuant to section 1602 of the Resources 

and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast 

States Act of 2012. 

‘‘(III) LIMITATION ON TRANSFERS.— 

‘‘(aa) GRANTS TO NONGOVERNMENTAL ENTITIES.—In the case of funds transferred to a 

Federal or State agency under subclause (II), 

the agency shall not make 1 or more grants 

or cooperative agreements to a nongovernmental entity if the total amount provided 

to the entity would equal or exceed 10 percent 

of the total amount provided to the agency 

for that particular project or program, unless 

the 1 or more grants have been reported in 

accordance with item (bb). 

‘‘(bb) REPORTING OF GRANTEES.—At least 

30 days prior to making a grant or entering 

into a cooperative agreement described in item 

(aa), the name of each grantee, including the 

Time period. 

Federal Register, 

publication. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 601 

amount and purpose of each grant or cooperative agreement, shall be published in the Federal Register and delivered to the congressional committees listed in subparagraph 

(C)(vii)(VII)(ff). 

‘‘(cc) ANNUAL REPORTING OF GRANTEES.— Annually, the name of each grantee, including 

the amount and purposes of each grant or 

cooperative agreement, shall be published in 

the Federal Register and delivered to Congress 

as part of the report submitted pursuant to 

subparagraph (C)(vii)(VII). 

‘‘(IV) PROJECT AND PROGRAM LIMITATION.—The 

Council, a Federal agency, or a State may not 

carry out a project or program funded under this 

paragraph outside of the Gulf Coast region. 

‘‘(F) COORDINATION.—The Council and the Federal 

members of the Council may develop memoranda of understanding establishing integrated funding and implementation plans among the member agencies and authorities. 

‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCATION.— 

‘‘(A) IN GENERAL.— 

‘‘(i) DISBURSEMENT.—Of the total amount made 

available from the Trust Fund, 30 percent shall be 

disbursed pursuant to the formula in clause (ii) to 

the Gulf Coast States on the approval of the plan 

described in subparagraph (B)(i). 

‘‘(ii) FORMULA.—Subject to subparagraph (B), for 

each Gulf Coast State, the amount disbursed under 

this paragraph shall be based on a formula established 

by the Council by regulation that is based on a 

weighted average of the following criteria: 

‘‘(I) 40 percent based on the proportionate 

number of miles of shoreline in each Gulf Coast 

State that experienced oiling on or before April 

10, 2011, compared to the total number of miles 

of shoreline that experienced oiling as a result 

of the Deepwater Horizon oil spill. 

‘‘(II) 40 percent based on the inverse proportion of the average distance from the mobile offshore drilling unit Deepwater Horizon at the time 

of the explosion to the nearest and farthest point 

of the shoreline that experienced oiling of each 

Gulf Coast State. 

‘‘(III) 20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf 

Coast State. 

‘‘(iii) MINIMUM ALLOCATION.—The amount disbursed to a Gulf Coast State for each fiscal year under 

clause (ii) shall be at least 5 percent of the total 

amounts made available under this paragraph. 

‘‘(B) DISBURSEMENT OF FUNDS.— 

‘‘(i) IN GENERAL.—The Council shall disburse 

amounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph 

(A) for projects, programs, and activities that will 

Expenditure 

plan. 

Regulations. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 602 PUBLIC LAW 112–141—JULY 6, 2012 

improve the ecosystems or economy of the Gulf Coast 

region, subject to the condition that each Gulf Coast 

State submits a plan for the expenditure of amounts 

disbursed under this paragraph that meets the following criteria: 

‘‘(I) All projects, programs, and activities 

included in the plan are eligible activities pursuant 

to clauses (i) and (ii) of paragraph (1)(B). 

‘‘(II) The projects, programs, and activities 

included in the plan contribute to the overall economic and ecological recovery of the Gulf Coast. 

‘‘(III) The plan takes into consideration the 

Comprehensive Plan and is consistent with the 

goals and objectives of the Plan, as described in 

paragraph (2)(B)(i). 

‘‘(ii) FUNDING.— ‘‘(I) IN GENERAL.—Except as provided in subclause (II), the plan described in clause (i) may 

use not more than 25 percent of the funding made 

available for infrastructure projects eligible under 

subclauses (VI) and (VII) of paragraph (1)(B)(i). 

‘‘(II) EXCEPTION.—The plan described in clause 

(i) may propose to use more than 25 percent of 

the funding made available for infrastructure 

projects eligible under subclauses (VI) and (VII) 

of paragraph (1)(B)(i) if the plan certifies that— 

‘‘(aa) ecosystem restoration needs in the 

State will be addressed by the projects in the 

proposed plan; and 

‘‘(bb) additional investment in infrastructure is required to mitigate the impacts of 

the Deepwater Horizon Oil Spill to the ecosystem or economy. 

‘‘(iii) DEVELOPMENT.—The plan described in clause 

(i) shall be developed by— 

‘‘(I) in the State of Alabama, the Alabama 

Gulf Coast Recovery Council established under 

paragraph (1)(F)(i); 

‘‘(II) in the State of Florida, a consortia of 

local political subdivisions that includes at a minimum 1 representative of each affected county; 

‘‘(III) in the State of Louisiana, the Coastal 

Protection and Restoration Authority of Louisiana; 

‘‘(IV) in the State of Mississippi, the Office 

of the Governor or an appointee of the Office of 

the Governor; and 

‘‘(V) in the State of Texas, the Office of the 

Governor or an appointee of the Office of the Governor. 

‘‘(iv) APPROVAL.—Not later than 60 days after the 

date on which a plan is submitted under clause (i), 

the Council shall approve or disapprove the plan based 

on the conditions of clause (i). 

‘‘(C) DISAPPROVAL.—If the Council disapproves a plan 

pursuant to subparagraph (B)(iv), the Council shall— 

‘‘(i) provide the reasons for disapproval in writing; 

and 

Deadline. 

State listing. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 603 

‘‘(ii) consult with the State to address any identified deficiencies with the State plan. 

‘‘(D) FAILURE TO SUBMIT ADEQUATE PLAN.—If a State 

fails to submit an adequate plan under this paragraph, 

any funds made available under this paragraph shall 

remain in the Trust Fund until such date as a plan is 

submitted and approved pursuant to this paragraph. 

‘‘(E) JUDICIAL REVIEW.—If the Council fails to approve 

or take action within 60 days on a plan, as described 

in subparagraph (B)(iv), the State may obtain expedited 

judicial review within 90 days of that decision in a district 

court of the United States, of appropriate jurisdiction and 

venue, that is located within the State seeking the review. 

‘‘(F) COST-SHARING.— 

‘‘(i) IN GENERAL.—A Gulf Coast State or coastal 

political subdivision may use, in whole or in part, 

amounts made available to that Gulf Coast State or 

coastal political subdivision under this paragraph to 

satisfy the non-Federal share of any project or program 

that— 

‘‘(I) is authorized by other Federal law; and 

‘‘(II) is an eligible activity described in clause 

(i) or (ii) of paragraph (1)(B). 

‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funds 

made available from the Trust Fund under this paragraph to satisfy the non-Federal share of the cost of 

a project or program described in clause (i) shall not 

affect the priority in which other Federal funds are 

allocated or awarded. 

‘‘(4) AUTHORIZATION OF INTEREST TRANSFERS.—Of the total 

amount made available for any fiscal year from the Trust 

Fund that is equal to the interest earned by the Trust Fund 

and proceeds from investments made by the Trust Fund in 

the preceding fiscal year— 

‘‘(A) 50 percent shall be divided equally between— 

‘‘(i) the Gulf Coast Ecosystem Restoration Science, 

Observation, Monitoring, and Technology program 

authorized in section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and 

Revived Economies of the Gulf Coast States Act of 

2012; and 

‘‘(ii) the centers of excellence research grants 

authorized in section 1605 of that Act; and 

‘‘(B) 50 percent shall be made available to the Gulf 

Coast Ecosystem Restoration Council to carry out the Comprehensive Plan pursuant to paragraph (2).’’. 

SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 

OBSERVATION, MONITORING, AND TECHNOLOGY PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Oceanic and Atmospheric 

Administration. 

(2) COMMISSION.—The term ‘‘Commission’’ means the Gulf 

States Marine Fisheries Commission. 

33 USC 1321 

note. 

Deadlines. 

Consultation. 


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126 STAT. 604 PUBLIC LAW 112–141—JULY 6, 2012 

(3) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the United States Fish and Wildlife Service. 

(4) PROGRAM.—The term ‘‘program’’ means the Gulf Coast 

Ecosystem Restoration Science, Observation, Monitoring, and 

Technology program established under this section. 

(b) ESTABLISHMENT OF PROGRAM.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Administrator, in consultation 

with the Director, shall establish the Gulf Coast Ecosystem 

Restoration Science, Observation, Monitoring, and Technology 

program to carry out research, observation, and monitoring 

to support, to the maximum extent practicable, the long-term 

sustainability of the ecosystem, fish stocks, fish habitat, and 

the recreational, commercial, and charter fishing industry in 

the Gulf of Mexico. 

(2) EXPENDITURE OF FUNDS.—For each fiscal year, amounts 

made available to carry out this subsection may be expended 

for, with respect to the Gulf of Mexico— 

(A) marine and estuarine research; 

(B) marine and estuarine ecosystem monitoring and 

ocean observation; 

(C) data collection and stock assessments; 

(D) pilot programs for— 

(i) fishery independent data; and 

(ii) reduction of exploitation of spawning aggregations; and 

(E) cooperative research. 

(3) COOPERATION WITH THE COMMISSION.—For each fiscal 

year, amounts made available to carry out this subsection may 

be transferred to the Commission to establish a fisheries monitoring and research program, with respect to the Gulf of Mexico. 

(4) CONSULTATION.—The Administrator and the Director 

shall consult with the Regional Gulf of Mexico Fishery Management Council and the Commission in carrying out the program. 

(c) SPECIES INCLUDED.—The research, monitoring, assessment, 

and programs eligible for amounts made available under the program shall include all marine, estuarine, aquaculture, and fish 

species in State and Federal waters of the Gulf of Mexico. 

(d) RESEARCH PRIORITIES.—In distributing funding under this 

subsection, priority shall be given to integrated, long-term projects 

that— 

(1) build on, or are coordinated with, related research activities; and 

(2) address current or anticipated marine ecosystem, 

fishery, or wildlife management information needs. 

(e) DUPLICATION.—In carrying out this section, the Administrator, in consultation with the Director, shall seek to avoid duplication of other research and monitoring activities. 

(f) COORDINATION WITH OTHER PROGRAMS.—The Administrator, 

in consultation with the Director, shall develop a plan for the 

coordination of projects and activities between the program and 

other existing Federal and State science and technology programs 

in the States of Alabama, Florida, Louisiana, Mississippi, and 

Texas, as well as between the centers of excellence. 

(g) LIMITATION ON EXPENDITURES.— 

Plan. 

State listing. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 605 

(1) IN GENERAL.—Not more than 3 percent of funds provided in subsection (h) shall be used for administrative 

expenses. 

(2) NOAA.—The funds provided in subsection (h) may not 

be used— 

(A) for any existing or planned research led by the 

National Oceanic and Atmospheric Administration, unless 

agreed to in writing by the grant recipient; 

(B) to implement existing regulations or initiate new 

regulations promulgated or proposed by the National Oceanic and Atmospheric Administration; or 

(C) to develop or approve a new limited access privilege 

program (as that term is used in section 303A of the 

Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1853a)) for any fishery under the jurisdiction 

of the South Atlantic, Mid-Atlantic, New England, or Gulf 

of Mexico Fishery Management Councils. 

(h) FUNDING.—Of the total amount made available for each 

fiscal year for the Gulf Coast Restoration Trust Fund established 

under section 1602, 2.5 percent shall be available to carry out 

the program. 

(i) SUNSET.—The program shall cease operations when all funds 

in the Gulf Coast Restoration Trust Fund established under section 

1602 have been expended. 

SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS. 

(a) IN GENERAL.—Of the total amount made available for each 

fiscal year from the Gulf Coast Restoration Trust Fund established 

under section 1602, 2.5 percent shall be made available to the 

Gulf Coast States (as defined in section 311(a) of the Federal 

Water Pollution Control Act (as added by section 1603 of the 

Resources and Ecosystems Sustainability, Tourist Opportunities, 

and Revived Economies of the Gulf Coast States Act of 2012)), 

in equal shares, exclusively for grants in accordance with subsection 

(c) to establish centers of excellence to conduct research only on 

the Gulf Coast Region (as defined in section 311 of the Federal 

Water Pollution Control Act (33. U.S.C. 1321)). 

(b) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGENCY.— 

The duties of a Gulf Coast State under this section shall be carried 

out by the applicable Gulf Coast State entities, task forces, or 

agencies listed in section 311(t)(1)(F) of the Federal Water Pollution 

Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012), and for the State 

of Florida, a consortium of public and private research institutions 

within the State, which shall include the Florida Department of 

Environmental Protection and the Florida Fish and Wildlife Conservation Commission, for that Gulf Coast State. 

(c) GRANTS.— 

(1) IN GENERAL.—A Gulf Coast State shall use the amounts 

made available to carry out this section to award competitive 

grants to nongovernmental entities and consortia in the Gulf 

Coast region (including public and private institutions of higher 

education) for the establishment of centers of excellence as 

described in subsection (d). 

(2) APPLICATION.—To be eligible to receive a grant under 

this subsection, an entity or consortium described in paragraph 

33 USC 1321 

note. 


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126 STAT. 606 PUBLIC LAW 112–141—JULY 6, 2012 

(1) shall submit to a Gulf Coast State an application at such 

time, in such manner, and containing such information as 

the Gulf Coast State determines to be appropriate. 

(3) PRIORITY.—In awarding grants under this subsection, 

a Gulf Coast State shall give priority to entities and consortia 

that demonstrate the ability to establish the broadest crosssection of participants with interest and expertise in any discipline described in subsection (d) on which the proposal of 

the center of excellence will be focused. 

(4) REPORTING.— (A) IN GENERAL.—Each Gulf Coast State shall provide 

annually to the Gulf Coast Ecosystem Restoration Council 

established under section 311(t)(2)(C) of the Federal Water 

Pollution Control Act (as added by section 1603 of the 

Resources and Ecosystems Sustainability, Tourist 

Opportunities, and Revived Economies of the Gulf Coast 

States Act of 2012) information regarding all grants, 

including the amount, discipline or disciplines, and recipients of the grants, and in the case of any grant awarded 

to a consortium, the membership of the consortium. 

(B) INCLUSION.—The Gulf Coast Ecosystem Restoration 

Council shall include the information received under 

subparagraph (A) in the annual report to Congress of the 

Council required under section 311(t)(2)(C)(vii)(VII) of the 

Federal Water Pollution Control Act (as added by section 

1603 of the Resources and Ecosystems Sustainability, 

Tourist Opportunities, and Revived Economies of the Gulf 

Coast States Act of 2012). 

(d) DISCIPLINES.—Each center of excellence shall focus on 

science, technology, and monitoring in at least 1 of the following 

disciplines: 

(1) Coastal and deltaic sustainability, restoration and 

protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal 

delta in the Gulf Coast Region. 

(2) Coastal fisheries and wildlife ecosystem research and 

monitoring in the Gulf Coast Region. 

(3) Offshore energy development, including research and 

technology to improve the sustainable and safe development 

of energy resources in the Gulf of Mexico. 

(4) Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region. 

(5) Comprehensive observation, monitoring, and mapping 

of the Gulf of Mexico. 

SEC. 1606. EFFECT. 

(a) DEFINITION OF DEEPWATER HORIZON OIL SPILL.—In this 

section, the term ‘‘Deepwater Horizon oil spill’’ has the meaning 

given the term in section 311(a) of the Federal Water Pollution 

Control Act (33 U.S.C. 1321(a)). 

(b) EFFECT AND APPLICATION.—Nothing in this subtitle or any 

amendment made by this subtitle— 

(1) supersedes or otherwise affects any other provision 

of Federal law, including, in particular, laws providing recovery 

for injury to natural resources under the Oil Pollution Act 

of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection 

of public health and the environment; or 

33 USC 1321 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 607 

(2) applies to any fine collected under section 311 of the 

Federal Water Pollution Control Act (33 U.S.C. 1321) for any 

incident other than the Deepwater Horizon oil spill. 

(c) USE OF FUNDS.—Funds made available under this subtitle 

may be used only for eligible activities specifically authorized by 

this subtitle and the amendments made by this subtitle. 

SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS. 

(a) WILLING SELLER.—Funds made available under this subtitle 

may only be used to acquire land or interests in land by purchase, 

exchange, or donation from a willing seller. 

(b) ACQUISITION OF FEDERAL LAND.—None of the funds made 

available under this subtitle may be used to acquire land in fee 

title by the Federal Government unless— 

(1) the land is acquired by exchange or donation; or 

(2) the acquisition is necessary for the restoration and 

protection of the natural resources, ecosystems, fisheries, 

marine and wildlife habitats, beaches, and coastal wetlands 

of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place. 

SEC. 1608. INSPECTOR GENERAL. 

The Office of the Inspector General of the Department of the 

Treasury shall have authority to conduct, supervise, and coordinate 

audits and investigations of projects, programs, and activities 

funded under this subtitle and the amendments made by this 

subtitle. 

TITLE II—AMERICA FAST FORWARD 

FINANCING INNOVATION 

SEC. 2001. SHORT TITLE. 

This title may be cited as the ‘‘America Fast Forward Financing 

Innovation Act of 2012’’. 

SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT OF 1998 AMENDMENTS. 

Sections 601 through 609 of title 23, United States Code, are 

amended to read as follows: 

‘‘§ 601. Generally applicable provisions 

‘‘(a) DEFINITIONS.—In this chapter, the following definitions 

apply: 

‘‘(1) CONTINGENT COMMITMENT.—The term ‘contingent 

commitment’ means a commitment to obligate an amount from 

future available budget authority that is— 

‘‘(A) contingent on those funds being made available 

in law at a future date; and 

‘‘(B) not an obligation of the Federal Government. 

‘‘(2) ELIGIBLE PROJECT COSTS.—The term ‘eligible project 

costs’ means amounts substantially all of which are paid by, 

or for the account of, an obligor in connection with a project, 

including the cost of— 

‘‘(A) development phase activities, including planning, 

feasibility analysis, revenue forecasting, environmental 

23 USC 101 note. 

America Fast 

Forward 

Financing 

Innovation Act of 

2012. 

Audits. 

Investigations. 

33 USC 1321 

note. 

33 USC 1321 

note. 


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126 STAT. 608 PUBLIC LAW 112–141—JULY 6, 2012 

review, permitting, preliminary engineering and design 

work, and other preconstruction activities; 

‘‘(B) construction, reconstruction, rehabilitation, 

replacement, and acquisition of real property (including 

land relating to the project and improvements to land), 

environmental mitigation, construction contingencies, and 

acquisition of equipment; and 

‘‘(C) capitalized interest necessary to meet market 

requirements, reasonably required reserve funds, capital 

issuance expenses, and other carrying costs during 

construction. 

‘‘(3) FEDERAL CREDIT INSTRUMENT.—The term ‘Federal 

credit instrument’ means a secured loan, loan guarantee, or 

line of credit authorized to be made available under this chapter 

with respect to a project. 

‘‘(4) INVESTMENT-GRADE RATING.—The term ‘investmentgrade rating’ means a rating of BBB minus, Baa3, bbb minus, 

BBB (low), or higher assigned by a rating agency to project 

obligations. 

‘‘(5) LENDER.—The term ‘lender’ means any non-Federal 

qualified institutional buyer (as defined in section 230.144A(a) 

of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange 

Commission and issued under the Securities Act of 1933 (15 

U.S.C. 77a et seq.)), including— 

‘‘(A) a qualified retirement plan (as defined in section 

4974(c) of the Internal Revenue Code of 1986) that is 

a qualified institutional buyer; and 

‘‘(B) a governmental plan (as defined in section 414(d) 

of the Internal Revenue Code of 1986) that is a qualified 

institutional buyer. 

‘‘(6) LETTER OF INTEREST.—The term ‘letter of interest’ 

means a letter submitted by a potential applicant prior to 

an application for credit assistance in a format prescribed by 

the Secretary on the website of the TIFIA program that— 

‘‘(A) describes the project and the location, purpose, 

and cost of the project; 

‘‘(B) outlines the proposed financial plan, including 

the requested credit assistance and the proposed obligor; 

‘‘(C) provides a status of environmental review; and 

‘‘(D) provides information regarding satisfaction of 

other eligibility requirements of the TIFIA program. 

‘‘(7) LINE OF CREDIT.—The term ‘line of credit’ means an 

agreement entered into by the Secretary with an obligor under 

section 604 to provide a direct loan at a future date upon 

the occurrence of certain events. 

‘‘(8) LIMITED BUYDOWN.—The term ‘limited buydown’ 

means, subject to the conditions described in section 

603(b)(4)(C), a buydown of the interest rate by the obligor 

if the interest rate has increased between— 

‘‘(A)(i) the date on which a project application acceptable to the Secretary is submitted; or 

‘‘(ii) the date on which the Secretary entered into a 

master credit agreement; and 

‘‘(B) the date on which the Secretary executes the 

Federal credit instrument. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 609 

‘‘(9) LOAN GUARANTEE.—The term ‘loan guarantee’ means 

any guarantee or other pledge by the Secretary to pay all 

or part of the principal of and interest on a loan or other 

debt obligation issued by an obligor and funded by a lender. 

‘‘(10) MASTER CREDIT AGREEMENT.—The term ‘master credit 

agreement’ means an agreement to extend credit assistance 

for a program of projects secured by a common security pledge 

(which shall receive an investment grade rating from a rating 

agency), or for a single project covered under section 602(b)(2) 

that would— 

‘‘(A) make contingent commitments of 1 or more 

secured loans or other Federal credit instruments at future 

dates, subject to the availability of future funds being made 

available to carry out this chapter; 

‘‘(B) establish the maximum amounts and general 

terms and conditions of the secured loans or other Federal 

credit instruments; 

‘‘(C) identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured 

loans or secured Federal credit instruments; 

‘‘(D) provide for the obligation of funds for the secured 

loans or secured Federal credit instruments after all 

requirements have been met for the projects subject to 

the master credit agreement, including— 

‘‘(i) completion of an environmental impact statement or similar analysis required under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.); 

‘‘(ii) compliance with such other requirements as 

are specified in section 602(c); and 

‘‘(iii) the availability of funds to carry out this 

chapter; and 

‘‘(E) require that contingent commitments result in 

a financial close and obligation of credit assistance not 

later than 3 years after the date of entry into the master 

credit agreement, or release of the commitment, unless 

otherwise extended by the Secretary. 

‘‘(11) OBLIGOR.—The term ‘obligor’ means a party that— 

‘‘(A) is primarily liable for payment of the principal 

of or interest on a Federal credit instrument; and 

‘‘(B) may be a corporation, partnership, joint venture, 

trust, or governmental entity, agency, or instrumentality. 

‘‘(12) PROJECT.—The term ‘project’ means— 

‘‘(A) any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49; 

‘‘(B) a project for an international bridge or tunnel 

for which an international entity authorized under Federal 

or State law is responsible; 

‘‘(C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned 

by the National Railroad Passenger Corporation and 

components of magnetic levitation transportation systems; 

and 

‘‘(D) a project that— 

‘‘(i) is a project— 

‘‘(I) for a public freight rail facility or a private 

facility providing public benefit for highway users 


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126 STAT. 610 PUBLIC LAW 112–141—JULY 6, 2012 

by way of direct freight interchange between highway and rail carriers; 

‘‘(II) for an intermodal freight transfer facility; 

‘‘(III) for a means of access to a facility 

described in subclause (I) or (II); 

‘‘(IV) for a service improvement for a facility 

described in subclause (I) or (II) (including a capital investment for an intelligent transportation 

system); or 

‘‘(V) that comprises a series of projects 

described in subclauses (I) through (IV) with the 

common objective of improving the flow of goods; 

‘‘(ii) may involve the combining of private and 

public sector funds, including investment of public 

funds in private sector facility improvements; 

‘‘(iii) if located within the boundaries of a port 

terminal, includes only such surface transportation 

infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access 

into and out of the port; and 

‘‘(iv) is composed of related highway, surface 

transportation, transit, rail, or intermodal capital 

improvement projects eligible for assistance under this 

section in order to meet the eligible project cost 

threshold under section 602, by grouping related 

projects together for that purpose, subject to the condition that the credit assistance for the projects is 

secured by a common pledge. 

‘‘(13) PROJECT OBLIGATION.—The term ‘project obligation’ 

means any note, bond, debenture, or other debt obligation 

issued by an obligor in connection with the financing of a 

project, other than a Federal credit instrument. 

‘‘(14) RATING AGENCY.—The term ‘rating agency’ means 

a credit rating agency registered with the Securities and 

Exchange Commission as a nationally recognized statistical 

rating organization (as that term is defined in section 3(a) 

of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))). 

‘‘(15) RURAL INFRASTRUCTURE PROJECT.—The term ‘rural 

infrastructure project’ means a surface transportation infrastructure project located in any area other than a city with 

a population of more than 250,000 inhabitants within the city 

limits. 

‘‘(16) SECURED LOAN.—The term ‘secured loan’ means a 

direct loan or other debt obligation issued by an obligor and 

funded by the Secretary in connection with the financing of 

a project under section 603. 

‘‘(17) STATE.—The term ‘State’ has the meaning given the 

term in section 101. 

‘‘(18) SUBSIDY AMOUNT.—The term ‘subsidy amount’ means 

the amount of budget authority sufficient to cover the estimated 

long-term cost to the Federal Government of a Federal credit 

instrument— 

‘‘(A) calculated on a net present value basis; and 

‘‘(B) excluding administrative costs and any incidental 

effects on governmental receipts or outlays in accordance 

with the Federal Credit Reform Act of 1990 (2 U.S.C. 

661 et seq.). 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 611 

‘‘(19) SUBSTANTIAL COMPLETION.—The term ‘substantial 

completion’ means— 

‘‘(A) the opening of a project to vehicular or passenger 

traffic; or 

‘‘(B) a comparable event, as determined by the Secretary and specified in the credit agreement. 

‘‘(20) TIFIA PROGRAM.—The term ‘TIFIA program’ means 

the transportation infrastructure finance and innovation program of the Department. 

‘‘(b) TREATMENT OF CHAPTER.—For purposes of this title, this 

chapter shall be treated as being part of chapter 1. 

‘‘§ 602. Determination of eligibility and project selection 

‘‘(a) ELIGIBILITY.— ‘‘(1) IN GENERAL.—A project shall be eligible to receive 

credit assistance under this chapter if— 

‘‘(A) the entity proposing to carry out the project submits a letter of interest prior to submission of a formal 

application for the project; and 

‘‘(B) the project meets the criteria described in this 

subsection. 

‘‘(2) CREDITWORTHINESS.— 

‘‘(A) IN GENERAL.—To be eligible for assistance under 

this chapter, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include— 

‘‘(i) a rate covenant, if applicable; 

‘‘(ii) adequate coverage requirements to ensure 

repayment; 

‘‘(iii) an investment grade rating from at least 

2 rating agencies on debt senior to the Federal credit 

instrument; and 

‘‘(iv) a rating from at least 2 rating agencies on 

the Federal credit instrument, subject to the condition 

that, with respect to clause (iii), if the total amount 

of the senior debt and the Federal credit instrument 

is less than $75,000,000, 1 rating agency opinion for 

each of the senior debt and Federal credit instrument 

shall be sufficient. 

‘‘(B) SENIOR DEBT.—Notwithstanding subparagraph 

(A), in a case in which the Federal credit instrument is 

the senior debt, the Federal credit instrument shall be 

required to receive an investment grade rating from at 

least 2 rating agencies, unless the credit instrument is 

for an amount less than $75,000,000, in which case 1 

rating agency opinion shall be sufficient. 

‘‘(3) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.— 

A project shall satisfy the applicable planning and programming 

requirements of sections 134 and 135 at such time as an agreement to make available a Federal credit instrument is entered 

into under this chapter. 

‘‘(4) APPLICATION.—A State, local government, public 

authority, public-private partnership, or any other legal entity 

undertaking the project and authorized by the Secretary shall 

submit a project application that is acceptable to the Secretary. 

‘‘(5) ELIGIBLE PROJECT COSTS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), to be eligible for assistance under this chapter, a 


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126 STAT. 612 PUBLIC LAW 112–141—JULY 6, 2012 

project shall have eligible project costs that are reasonably 

anticipated to equal or exceed the lesser of— ‘‘(i)(I) $50,000,000; or 

‘‘(II) in the case of a rural infrastructure project, 

$25,000,000; and 

‘‘(ii) 331⁄3 percent of the amount of Federal highway 

assistance funds apportioned for the most recently completed fiscal year to the State in which the project 

is located. 

‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM PROJECTS.— In the case of a project principally involving the installation 

of an intelligent transportation system, eligible project costs 

shall be reasonably anticipated to equal or exceed 

$15,000,000. 

‘‘(6) DEDICATED REVENUE SOURCES.—The applicable Federal 

credit instrument shall be repayable, in whole or in part, from— 

‘‘(A) tolls; 

‘‘(B) user fees; 

‘‘(C) payments owing to the obligor under a publicprivate partnership; or 

‘‘(D) other dedicated revenue sources that also secure 

or fund the project obligations. 

‘‘(7) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.—In the case 

of a project that is undertaken by an entity that is not a 

State or local government or an agency or instrumentality 

of a State or local government, the project that the entity 

is undertaking shall be publicly sponsored as provided in paragraph (3). 

‘‘(8) APPLICATIONS WHERE OBLIGOR WILL BE IDENTIFIED

LATER.—A State, local government, agency or instrumentality 

of a State or local government, or public authority may submit 

to the Secretary an application under paragraph (4), under 

which a private party to a public-private partnership will be— 

‘‘(A) the obligor; and 

‘‘(B) identified later through completion of a procurement and selection of the private party. 

‘‘(9) BENEFICIAL EFFECTS.—The Secretary shall determine 

that financial assistance for the project under this chapter 

will— 

‘‘(A) foster, if appropriate, partnerships that attract 

public and private investment for the project; 

‘‘(B) enable the project to proceed at an earlier date 

than the project would otherwise be able to proceed or 

reduce the lifecycle costs (including debt service costs) of 

the project; and 

‘‘(C) reduce the contribution of Federal grant assistance 

for the project. 

‘‘(10) PROJECT READINESS.—To be eligible for assistance 

under this chapter, the applicant shall demonstrate a reasonable expectation that the contracting process for construction 

of the project can commence by not later than 90 days after 

the date on which a Federal credit instrument is obligated 

for the project under this chapter. 

‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 

rolling application process under which projects that are eligible 

to receive credit assistance under subsection (a) shall receive 

Deadline. 

Determination. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 613 

credit assistance on terms acceptable to the Secretary, if adequate funds are available to cover the subsidy costs associated 

with the Federal credit instrument. 

‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.—If the Secretary 

fully obligates funding to eligible projects in a fiscal year, 

and adequate funding is not available to fund a credit 

instrument, a project sponsor of an eligible project may elect 

to enter into a master credit agreement and wait until the 

earlier of— 

‘‘(A) the following fiscal year; and 

‘‘(B) the fiscal year during which additional funds are 

available to receive credit assistance. 

‘‘(3) PRELIMINARY RATING OPINION LETTER.—The Secretary 

shall require each project applicant to provide a preliminary 

rating opinion letter from at least 1 rating agency— 

‘‘(A) indicating that the senior obligations of the project, 

which may be the Federal credit instrument, have the 

potential to achieve an investment-grade rating; and 

‘‘(B) including a preliminary rating opinion on the Federal credit instrument. 

‘‘(c) FEDERAL REQUIREMENTS.— 

‘‘(1) IN GENERAL.—In addition to the requirements of this 

title for highway projects, the requirements of chapter 53 of 

title 49 for transit projects, and the requirements of section 

5333(a) of title 49 for rail projects, the following provisions 

of law shall apply to funds made available under this chapter 

and projects assisted with those funds: 

‘‘(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

2000d et seq.). 

‘‘(B) The National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

‘‘(C) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 

seq.). 

‘‘(2) NEPA.—No funding shall be obligated for a project 

that has not received an environmental categorical exclusion, 

a finding of no significant impact, or a record of decision under 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

‘‘(d) APPLICATION PROCESSING PROCEDURES.— 

‘‘(1) NOTICE OF COMPLETE APPLICATION.—Not later than 

30 days after the date of receipt of an application under this 

section, the Secretary shall provide to the applicant a written 

notice to inform the applicant whether— 

‘‘(A) the application is complete; or 

‘‘(B) additional information or materials are needed 

to complete the application. 

‘‘(2) APPROVAL OR DENIAL OF APPLICATION.—Not later than 

60 days after the date of issuance of the written notice under 

paragraph (1), the Secretary shall provide to the applicant 

a written notice informing the applicant whether the Secretary 

has approved or disapproved the application. 

‘‘(e) DEVELOPMENT PHASE ACTIVITIES.—Any credit instrument 

secured under this chapter may be used to finance up to 100 

percent of the cost of development phase activities as described 

in section 601(a)(1)(A). 

Notification. 

Deadlines. 

Applicability. 


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‘‘§ 603. Secured loans 

‘‘(a) IN GENERAL.— 

‘‘(1) AGREEMENTS.—Subject to paragraphs (2) and (3), the 

Secretary may enter into agreements with 1 or more obligors 

to make secured loans, the proceeds of which shall be used— 

‘‘(A) to finance eligible project costs of any project 

selected under section 602; 

‘‘(B) to refinance interim construction financing of 

eligible project costs of any project selected under section 

602; 

‘‘(C) to refinance existing Federal credit instruments 

for rural infrastructure projects; or 

‘‘(D) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, 

or expansion of any project that— 

‘‘(i) is selected under section 602; or 

‘‘(ii) otherwise meets the requirements of section 

602. 

‘‘(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION

FINANCING.—A loan under paragraph (1) shall not refinance 

interim construction financing under paragraph (1)(B) later 

than 1 year after the date of substantial completion of the 

project. 

‘‘(3) RISK ASSESSMENT.—Before entering into an agreement 

under this subsection, the Secretary, in consultation with the 

Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each 

secured loan, taking into account each rating letter provided 

by an agency under section 602(b)(3)(B). 

‘‘(b) TERMS AND LIMITATIONS.— 

‘‘(1) IN GENERAL.—A secured loan under this section with 

respect to a project shall be on such terms and conditions 

and contain such covenants, representations, warranties, and 

requirements (including requirements for audits) as the Secretary determines to be appropriate. 

‘‘(2) MAXIMUM AMOUNT.—The amount of a secured loan 

under this section shall not exceed the lesser of 49 percent 

of the reasonably anticipated eligible project costs or if the 

secured loan does not receive an investment grade rating, the 

amount of the senior project obligations. 

‘‘(3) PAYMENT.—A secured loan under this section— 

‘‘(A) shall— 

‘‘(i) be payable, in whole or in part, from— 

‘‘(I) tolls; 

‘‘(II) user fees; 

‘‘(III) payments owing to the obligor under 

a public-private partnership; or 

‘‘(IV) other dedicated revenue sources that also 

secure the senior project obligations; and 

‘‘(ii) include a rate covenant, coverage requirement, 

or similar security feature supporting the project 

obligations; and 

‘‘(B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. 

‘‘(4) INTEREST RATE.— 

Determination. 

Time period. 


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‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), the interest rate on a secured loan 

under this section shall be not less than the yield on 

United States Treasury securities of a similar maturity 

to the maturity of the secured loan on the date of execution 

of the loan agreement. 

‘‘(B) RURAL INFRASTRUCTURE PROJECTS.— ‘‘(i) IN GENERAL.—The interest rate of a loan 

offered to a rural infrastructure project under this 

chapter shall be at 1⁄2 of the Treasury Rate in effect 

on the date of execution of the loan agreement. 

‘‘(ii) APPLICATION.—The rate described in clause 

(i) shall only apply to any portion of a loan the subsidy 

cost of which is funded by amounts set aside for rural 

infrastructure projects under section 608(a)(3)(A). 

‘‘(C) LIMITED BUYDOWNS.—The interest rate of a 

secured loan under this section may not be lowered by 

more than the lower of— 

‘‘(i) 11⁄2 percentage points (150 basis points); or 

‘‘(ii) the amount of the increase in the interest 

rate. 

‘‘(5) MATURITY DATE.—The final maturity date of the 

secured loan shall be the lesser of— 

‘‘(A) 35 years after the date of substantial completion 

of the project; and 

‘‘(B) if the useful life of the capital asset being financed 

is of a lesser period, the useful life of the asset. 

‘‘(6) NONSUBORDINATION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the secured loan shall not be subordinated to the 

claims of any holder of project obligations in the event 

of bankruptcy, insolvency, or liquidation of the obligor. 

‘‘(B) PREEXISTING INDENTURE.— 

‘‘(i) IN GENERAL.—The Secretary shall waive the 

requirement under subparagraph (A) for a public 

agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— 

‘‘(I) the secured loan is rated in the A category 

or higher; 

‘‘(II) the secured loan is secured and payable 

from pledged revenues not affected by project 

performance, such as a tax-backed revenue pledge 

or a system-backed pledge of project revenues; and 

‘‘(III) the TIFIA program share of eligible 

project costs is 33 percent or less. 

‘‘(ii) LIMITATION.—If the Secretary waives the nonsubordination requirement under this subparagraph— 

‘‘(I) the maximum credit subsidy to be paid 

by the Federal Government shall be not more than 

10 percent of the principal amount of the secured 

loan; and 

‘‘(II) the obligor shall be responsible for paying 

the remainder of the subsidy cost, if any. 

‘‘(7) FEES.—The Secretary may establish fees at a level 

sufficient to cover all or a portion of the costs to the Federal 

Government of making a secured loan under this section. 

Waiver authority. 


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‘‘(8) NON-FEDERAL SHARE.—The proceeds of a secured loan 

under this chapter may be used for any non-Federal share 

of project costs required under this title or chapter 53 of title 

49, if the loan is repayable from non-Federal funds. 

‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The total Federal 

assistance provided on a project receiving a loan under this 

chapter shall not exceed 80 percent of the total project cost. 

‘‘(c) REPAYMENT.— ‘‘(1) SCHEDULE.—The Secretary shall establish a repayment 

schedule for each secured loan under this section based on— 

‘‘(A) the projected cash flow from project revenues and 

other repayment sources; and 

‘‘(B) the useful life of the project. 

‘‘(2) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a secured loan under this section shall 

commence not later than 5 years after the date of substantial 

completion of the project. 

‘‘(3) DEFERRED PAYMENTS.— 

‘‘(A) IN GENERAL.—If, at any time after the date of 

substantial completion of the project, the project is unable 

to generate sufficient revenues to pay the scheduled loan 

repayments of principal and interest on the secured loan, 

the Secretary may, subject to subparagraph (C), allow the 

obligor to add unpaid principal and interest to the outstanding balance of the secured loan. 

‘‘(B) INTEREST.—Any payment deferred under subparagraph (A) shall— 

‘‘(i) continue to accrue interest in accordance with 

subsection (b)(4) until fully repaid; and 

‘‘(ii) be scheduled to be amortized over the 

remaining term of the loan. 

‘‘(C) CRITERIA.— 

‘‘(i) IN GENERAL.—Any payment deferral under 

subparagraph (A) shall be contingent on the project 

meeting criteria established by the Secretary. 

‘‘(ii) REPAYMENT STANDARDS.—The criteria established pursuant to clause (i) shall include standards 

for reasonable assurance of repayment. 

‘‘(4) PREPAYMENT.— 

‘‘(A) USE OF EXCESS REVENUES.—Any excess revenues 

that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and 

all deposit requirements under the terms of any trust 

agreement, bond resolution, or similar agreement securing 

project obligations may be applied annually to prepay the 

secured loan without penalty. 

‘‘(B) USE OF PROCEEDS OF REFINANCING.—The secured 

loan may be prepaid at any time without penalty from 

the proceeds of refinancing from non-Federal funding 

sources. 

‘‘(d) SALE OF SECURED LOANS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), as soon as 

practicable after substantial completion of a project and after 

notifying the obligor, the Secretary may sell to another entity 

or reoffer into the capital markets a secured loan for the project 

if the Secretary determines that the sale or reoffering can 

be made on favorable terms. 


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‘‘(2) CONSENT OF OBLIGOR.—In making a sale or reoffering 

under paragraph (1), the Secretary may not change the original 

terms and conditions of the secured loan without the written 

consent of the obligor. 

‘‘(e) LOAN GUARANTEES.— 

‘‘(1) IN GENERAL.—The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under 

this section if the Secretary determines that the budgetary 

cost of the loan guarantee is substantially the same as that 

of a secured loan. 

‘‘(2) TERMS.—The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under 

this section for a secured loan, except that the rate on the 

guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent 

of the Secretary. 

‘‘§ 604. Lines of credit 

‘‘(a) IN GENERAL.— 

‘‘(1) AGREEMENTS.—Subject to paragraphs (2) through (4), 

the Secretary may enter into agreements to make available 

to 1 or more obligors lines of credit in the form of direct 

loans to be made by the Secretary at future dates on the 

occurrence of certain events for any project selected under 

section 602. 

‘‘(2) USE OF PROCEEDS.—The proceeds of a line of credit 

made available under this section shall be available to pay 

debt service on project obligations issued to finance eligible 

project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with 

unexpected Federal or State environmental restrictions. 

‘‘(3) RISK ASSESSMENT.—Before entering into an agreement 

under this subsection, the Secretary, in consultation with the 

Director of the Office of Management and Budget and each 

rating agency providing a preliminary rating opinion letter 

under section 602(b)(3), shall determine an appropriate capital 

reserve subsidy amount for each line of credit, taking into 

account the rating opinion letter. 

‘‘(4) INVESTMENT-GRADE RATING REQUIREMENT.—The 

funding of a line of credit under this section shall be contingent 

on the senior obligations of the project receiving an investmentgrade rating from 2 rating agencies. 

‘‘(b) TERMS AND LIMITATIONS.— 

‘‘(1) IN GENERAL.—A line of credit under this section with 

respect to a project shall be on such terms and conditions 

and contain such covenants, representations, warranties, and 

requirements (including requirements for audits) as the Secretary determines to be appropriate. 

‘‘(2) MAXIMUM AMOUNTS.—The total amount of a line of 

credit under this section shall not exceed 33 percent of the 

reasonably anticipated eligible project costs. 

‘‘(3) DRAWS.—Any draw on a line of credit under this section 

shall— 

‘‘(A) represent a direct loan; and 

‘‘(B) be made only if net revenues from the project 

(including capitalized interest, but not including reasonably 

Determination. 


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required financing reserves) are insufficient to pay the 

costs specified in subsection (a)(2). 

‘‘(4) INTEREST RATE.—Except as provided in subparagraphs 

(B) and (C) of section 603(b)(4), the interest rate on a direct 

loan resulting from a draw on the line of credit shall be not 

less than the yield on 30-year United States Treasury securities, 

as of the date of execution of the line of credit agreement. 

‘‘(5) SECURITY.—A line of credit issued under this section— 

‘‘(A) shall— 

‘‘(i) be payable, in whole or in part, from— 

‘‘(I) tolls; 

‘‘(II) user fees; 

‘‘(III) payments owing to the obligor under 

a public-private partnership; or 

‘‘(IV) other dedicated revenue sources that also 

secure the senior project obligations; and 

‘‘(ii) include a rate covenant, coverage requirement, 

or similar security feature supporting the project 

obligations; and 

‘‘(B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. 

‘‘(6) PERIOD OF AVAILABILITY.—The full amount of a line 

of credit under this section, to the extent not drawn upon, 

shall be available during the 10-year period beginning on the 

date of substantial completion of the project. 

‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— 

‘‘(A) AGAINST FEDERAL GOVERNMENT.—A third-party 

creditor of the obligor shall not have any right against 

the Federal Government with respect to any draw on a 

line of credit under this section. 

‘‘(B) ASSIGNMENT.—An obligor may assign a line of 

credit under this section to— 

‘‘(i) 1 or more lenders; or 

‘‘(ii) a trustee on the behalf of such a lender. 

‘‘(8) NONSUBORDINATION.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations 

in the event of bankruptcy, insolvency, or liquidation of 

the obligor. 

‘‘(B) PRE-EXISTING INDENTURE.— 

‘‘(i) IN GENERAL.—The Secretary shall waive the 

requirement of subparagraph (A) for a public agency 

borrower that is financing ongoing capital programs 

and has outstanding senior bonds under a preexisting 

indenture, if— 

‘‘(I) the line of credit is rated in the A category 

or higher; 

‘‘(II) the TIFIA program loan resulting from 

a draw on the line of credit is payable from pledged 

revenues not affected by project performance, such 

as a tax-backed revenue pledge or a system-backed 

pledge of project revenues; and 

‘‘(III) the TIFIA program share of eligible 

project costs is 33 percent or less. 

‘‘(ii) LIMITATION.—If the Secretary waives the nonsubordination requirement under this subparagraph— 

Waiver authority. 


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‘‘(I) the maximum credit subsidy to be paid 

by the Federal Government shall be not more than 

10 percent of the principal amount of the secured 

loan; and 

‘‘(II) the obligor shall be responsible for paying 

the remainder of the subsidy cost. 

‘‘(9) FEES.—The Secretary may establish fees at a level 

sufficient to cover all or a portion of the costs to the Federal 

Government of providing a line of credit under this section. 

‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRUMENTS.—A 

project that receives a line of credit under this section also 

shall not receive a secured loan or loan guarantee under section 

603 in an amount that, combined with the amount of the 

line of credit, exceeds 49 percent of eligible project costs. 

‘‘(c) REPAYMENT.— ‘‘(1) TERMS AND CONDITIONS.—The Secretary shall establish 

repayment terms and conditions for each direct loan under 

this section based on— 

‘‘(A) the projected cash flow from project revenues and 

other repayment sources; and 

‘‘(B) the useful life of the asset being financed. 

‘‘(2) TIMING.—All repayments of principal or interest on 

a direct loan under this section shall be scheduled— 

‘‘(A) to commence not later than 5 years after the 

end of the period of availability specified in subsection 

(b)(6); and 

‘‘(B) to conclude, with full repayment of principal and 

interest, by the date that is 25 years after the end of 

the period of availability specified in subsection (b)(6). 

‘‘§ 605. Program administration 

‘‘(a) REQUIREMENT.—The Secretary shall establish a uniform 

system to service the Federal credit instruments made available 

under this chapter. 

‘‘(b) FEES.—The Secretary may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level 

that is sufficient to cover— 

‘‘(1) the costs of services of expert firms retained pursuant 

to subsection (d); and 

‘‘(2) all or a portion of the costs to the Federal Government 

of servicing the Federal credit instruments. 

‘‘(c) SERVICER.— 

‘‘(1) IN GENERAL.—The Secretary may appoint a financial 

entity to assist the Secretary in servicing the Federal credit 

instruments. 

‘‘(2) DUTIES.—A servicer appointed under paragraph (1) 

shall act as the agent for the Secretary. 

‘‘(3) FEE.—A servicer appointed under paragraph (1) shall 

receive a servicing fee, subject to approval by the Secretary. 

‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may 

retain the services of expert firms, including counsel, in the field 

of municipal and project finance to assist in the underwriting and 

servicing of Federal credit instruments. 

‘‘(e) EXPEDITED PROCESSING.—The Secretary shall implement 

procedures and measures to economize the time and cost involved 

in obtaining approval and the issuance of credit assistance under 

this chapter. 

Procedures. 


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‘‘§ 606. State and local permits 

‘‘The provision of credit assistance under this chapter with 

respect to a project shall not— 

‘‘(1) relieve any recipient of the assistance of any obligation 

to obtain any required State or local permit or approval with 

respect to the project; 

‘‘(2) limit the right of any unit of State or local government 

to approve or regulate any rate of return on private equity 

invested in the project; or 

‘‘(3) otherwise supersede any State or local law (including 

any regulation) applicable to the construction or operation of 

the project. 

‘‘§ 607. Regulations 

‘‘The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out this chapter. 

‘‘§ 608. Funding 

‘‘(a) FUNDING.— 

‘‘(1) SPENDING AND BORROWING AUTHORITY.—Spending and 

borrowing authority for a fiscal year to enter into Federal 

credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis. 

‘‘(2) REESTIMATES.—If the subsidy cost of a Federal credit 

instrument is reestimated, the cost increase or decrease of 

the reestimate shall be borne by, or benefit, the general fund 

of the Treasury, consistent with section 504(f) the Congressional 

Budget Act of 1974 (2 U.S.C. 661c(f)). 

‘‘(3) RURAL SET-ASIDE.— 

‘‘(A) IN GENERAL.—Of the total amount of funds made 

available to carry out this chapter for each fiscal year, 

not more than 10 percent shall be set aside for rural 

infrastructure projects. 

‘‘(B) REOBLIGATION.—Any amounts set aside under 

subparagraph (A) that remain unobligated by June 1 of 

the fiscal year for which the amounts were set aside shall 

be available for obligation by the Secretary on projects 

other than rural infrastructure projects. 

‘‘(4) REDISTRIBUTION OF AUTHORIZED FUNDING.— 

‘‘(A) IN GENERAL.—Beginning in fiscal year 2014, on 

April 1 of each fiscal year, if the cumulative unobligated 

and uncommitted balance of funding available exceeds 75 

percent of the amount made available to carry out this 

chapter for that fiscal year, the Secretary shall distribute 

to the States the amount of funds and associated obligation 

authority in excess of that amount. 

‘‘(B) DISTRIBUTION.—The amounts and obligation 

authority distributed under this paragraph shall be distributed, in the same manner as obligation authority is distributed to the States for the fiscal year, based on the proportion that— 

‘‘(i) the relative share of each State of obligation 

authority for the fiscal year; bears to 

‘‘(ii) the total amount of obligation authority 

distributed to all States for the fiscal year. 

Effective date. 


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‘‘(C) PURPOSE.—Funds distributed under subparagraph 

(B) shall be available for any purpose described in section 

133(b). 

‘‘(5) AVAILABILITY.—Amounts made available to carry out 

this chapter shall remain available until expended. 

‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out this chapter, the Secretary may use not 

more than 0.50 percent for each fiscal year for the administration of this chapter. 

‘‘(b) CONTRACT AUTHORITY.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, execution of a term sheet by the Secretary of a Federal 

credit instrument that uses amounts made available under 

this chapter shall impose on the United States a contractual 

obligation to fund the Federal credit investment. 

‘‘(2) AVAILABILITY.—Amounts made available to carry out 

this chapter for a fiscal year shall be available for obligation 

on October 1 of the fiscal year. 

‘‘§ 609. Reports to Congress 

‘‘(a) IN GENERAL.—On June 1, 2012, and every 2 years thereafter, the Secretary shall submit to Congress a report summarizing 

the financial performance of the projects that are receiving, or 

have received, assistance under this chapter (other than section 

610), including a recommendation as to whether the objectives 

of this chapter (other than section 610) are best served by— 

‘‘(1) continuing the program under the authority of the 

Secretary; 

‘‘(2) establishing a Federal corporation or federally sponsored enterprise to administer the program; or 

‘‘(3) phasing out the program and relying on the capital 

markets to fund the types of infrastructure investments assisted 

by this chapter (other than section 610) without Federal participation. 

‘‘(b) APPLICATION PROCESS REPORT.— 

‘‘(1) IN GENERAL.—Not later than December 1, 2012, and 

annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Environment and Public 

Works of the Senate a report that includes a list of all of 

the letters of interest and applications received from project 

sponsors for assistance under this chapter (other than section 

610) during the preceding fiscal year. 

‘‘(2) INCLUSIONS.— 

‘‘(A) IN GENERAL.—Each report under paragraph (1) 

shall include, at a minimum, a description of, with respect 

to each letter of interest and application included in the 

report— 

‘‘(i) the date on which the letter of interest or 

application was received; 

‘‘(ii) the date on which a notification was provided 

to the project sponsor regarding whether the application was complete or incomplete; 

‘‘(iii) the date on which a revised and completed 

application was submitted (if applicable); 

List. 

Effective date. 


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‘‘(iv) the date on which a notification was provided 

to the project sponsor regarding whether the project 

was approved or disapproved; and 

‘‘(v) if the project was not approved, the reason 

for the disapproval. 

‘‘(B) CORRESPONDENCE.—Each report under paragraph 

(1) shall include copies of any correspondence provided 

to the project sponsor in accordance with section 602(d).’’. 

DIVISION B—PUBLIC TRANSPORTATION 

SEC. 20001. SHORT TITLE. 

This division may be cited as the ‘‘Federal Public Transportation Act of 2012’’. 

SEC. 20002. REPEALS. 

(a) CHAPTER 53.—Chapter 53 of title 49, United States Code, 

is amended by striking sections 5308, 5316, 5317, 5320, and 5328. 

(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 AND PURPOSES. 

Section 5301 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 5301. Policies and purposes 

‘‘(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 with the cooperation of both public transportation companies and private companies engaged in public transportation. 

‘‘(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) establish standards for the state of good repair of 

public transportation infrastructure and vehicles; 

‘‘(4) promote continuing, cooperative, and comprehensive 

planning that improves the performance of the transportation 

network; 

‘‘(5) establish a technical assistance program to assist 

recipients under this chapter to more effectively and efficiently 

provide public transportation service; 

‘‘(6) 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; 

49 USC 5101 

note. 

Federal Public 

Transportation 

Act of 2012. 


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‘‘(7) support research, development, demonstration, and 

deployment projects dedicated to assisting in the delivery of 

efficient and effective public transportation service; and 

‘‘(8) promote the development of the public transportation 

workforce.’’. 

SEC. 20004. DEFINITIONS. 

Section 5302 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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 


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(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 


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‘‘(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; 

‘‘(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). 


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‘‘(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) JOB ACCESS AND REVERSE COMMUTE PROJECT.— 

‘‘(A) IN GENERAL.—The term ‘job access and reverse 

commute project’ means a transportation project to finance 

planning, capital, and operating costs that support the 

development and maintenance of transportation services 

designed to transport welfare recipients and eligible lowincome individuals to and from jobs and activities related 

to their employment, including transportation projects that 

facilitate the provision of public transportation services 

from urbanized areas and rural areas to suburban employment locations. 

‘‘(B) DEFINITIONS.—In this paragraph: 

‘‘(i) ELIGIBLE LOW-INCOME INDIVIDUAL.—The term 

‘eligible low-income individual’ means an individual 

whose family income is at or below 150 percent of 

the poverty line (as that term is defined in section 

673(2) of the Community Service Block Grant Act (42 

U.S.C. 9902(2)), including any revision required by that 

section) for a family of the size involved. 

‘‘(ii) WELFARE RECIPIENT.—The term ‘welfare 

recipient’ means an individual who has received assistance under a State or tribal program funded under 

part A of title IV of the Social Security Act (42 U.S.C. 

601 et seq.) at any time during the 3-year period before 

the date on which the applicant applies for a grant 

under section 5307 or 5311. 

‘‘(10) 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; 


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‘‘(C) an Indian tribe; and 

‘‘(D) a public corporation, board, or commission established under the laws of a State. 

‘‘(11) 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. 

‘‘(12) NET PROJECT COST.—The term ‘net project cost’ means 

the part of a project that reasonably cannot be financed from 

revenues. 

‘‘(13) 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. 

‘‘(14) 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. 

‘‘(15) 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. 

‘‘(16) RURAL AREA.—The term ‘rural area’ means an area 

encompassing a population of less than 50,000 people that 

has not been designated in the most recent decennial census 

as an ‘urbanized area’ by the Secretary of Commerce. 

‘‘(17) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. 

‘‘(18) SENIOR.—The term ‘senior’ means an individual who 

is 65 years of age or older. 

‘‘(19) 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. 

‘‘(20) 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). 


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‘‘(21) TRANSIT.—The term ‘transit’ means public transportation. 

‘‘(22) 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. 

‘‘(23) 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) AMENDMENT.—Section 5303 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 5303. Metropolitan transportation planning 

‘‘(a) POLICY.—It is in the national interest— 

‘‘(1) to encourage and promote the safe and efficient 

management, operation, and development of surface transportation systems that will serve the mobility needs of people 

and freight and foster economic growth and development within 

and between States and urbanized areas, while minimizing 

transportation-related fuel consumption and air pollution 

through metropolitan and statewide transportation planning 

processes identified in this chapter; and 

‘‘(2) to encourage the continued improvement and evolution 

of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided 

by the planning factors identified in subsection (h) and section 

5304(d). 

‘‘(b) DEFINITIONS.—In this section and section 5304, the following definitions apply: 

‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropolitan planning area’ means the geographic area determined by 

agreement between the metropolitan planning organization for 

the area and the Governor under subsection (e). 

‘‘(2) METROPOLITAN PLANNING ORGANIZATION.—The term 

‘metropolitan planning organization’ means the policy board 

of an organization established as a result of the designation 

process under subsection (d). 

‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan 

area’ means a geographic area outside designated metropolitan 

planning areas. 

‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘nonmetropolitan local official’ means elected and appointed officials 

of general purpose local government in a nonmetropolitan area 

with responsibility for transportation. 

‘‘(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.— The term ‘regional transportation planning organization’ means 

a policy board of an organization established as the result 

of a designation under section 5304(l). 

‘‘(6) TIP.—The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j). 


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‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means 

a geographic area with a population of 50,000 or more, as 

determined by the Bureau of the Census. 

‘‘(c) GENERAL REQUIREMENTS.— 

‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To 

accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall 

develop long-range transportation plans and transportation 

improvement programs through a performance-driven, outcomebased approach to planning for metropolitan areas of the State. 

‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan 

area shall provide for the development and integrated management and operation of transportation systems and facilities 

(including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an 

integral part of an intermodal transportation system for the 

State and the United States. 

‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 

the plans and TIPs shall provide for consideration of all modes 

of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity 

of the transportation problems to be addressed. 

‘‘(d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—To carry out the transportation planning 

process required by this section, a metropolitan planning 

organization shall be designated for each urbanized area with 

a population of more than 50,000 individuals— 

‘‘(A) by agreement between the Governor and units 

of general purpose local government that together represent 

at least 75 percent of the affected population (including 

the largest incorporated city (based on population) as determined by the Bureau of the Census); or 

‘‘(B) in accordance with procedures established by 

applicable State or local law. 

‘‘(2) STRUCTURE.—Not later than 2 years after the date 

of enactment of the Federal Public Transportation Act of 2012, 

each metropolitan planning organization that serves an area 

designated as a transportation management area shall consist 

of— 

‘‘(A) local elected officials; 

‘‘(B) officials of public agencies that administer or 

operate major modes of transportation in the metropolitan 

area, including representation by providers of public 

transportation; and 

‘‘(C) appropriate State officials. 

‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

in this subsection shall be construed to interfere with the 

authority, under any State law in effect on December 18, 1991, 

of a public agency with multimodal transportation responsibilities— 

‘‘(A) to develop the plans and TIPs for adoption by 

a metropolitan planning organization; and 

Deadline. 


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‘‘(B) to develop long-range capital plans, coordinate 

transit services and projects, and carry out other activities 

pursuant to State law. 

‘‘(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any 

other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). 

‘‘(5) REDESIGNATION PROCEDURES.— 

‘‘(A) IN GENERAL.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that 

together represent at least 75 percent of the existing planning area population (including the largest incorporated 

city (based on population) as determined by the Bureau 

of the Census) as appropriate to carry out this section. 

‘‘(B) RESTRUCTURING.—A metropolitan planning 

organization may be restructured to meet the requirements 

of paragraph (2) without undertaking a redesignation. 

‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING

ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan 

planning organization determine that the size and complexity 

of the existing metropolitan planning area make designation 

of more than 1 metropolitan planning organization for the 

area appropriate. 

‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.— 

‘‘(1) IN GENERAL.—For the purposes of this section, the 

boundaries of a metropolitan planning area shall be determined 

by agreement between the metropolitan planning organization 

and the Governor. 

‘‘(2) INCLUDED AREA.—Each metropolitan planning area— 

‘‘(A) shall encompass at least the existing urbanized 

area and the contiguous area expected to become urbanized 

within a 20-year forecast period for the transportation plan; 

and 

‘‘(B) may encompass the entire metropolitan statistical 

area or consolidated metropolitan statistical area, as 

defined by the Bureau of the Census. 

‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN

EXISTING PLANNING AREA BOUNDARIES.—The designation by the 

Bureau of the Census of new urbanized areas within an existing 

metropolitan planning area shall not require the redesignation 

of the existing metropolitan planning organization. 

‘‘(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.— 

‘‘(A) IN GENERAL.—Notwithstanding paragraph (2), 

except as provided in subparagraph (B), in the case of 

an urbanized area designated as a nonattainment area 

for ozone or carbon monoxide under the Clean Air Act 

(42 U.S.C. 7401 et seq.) as of the date of enactment of 

the SAFETEA–LU, the boundaries of the metropolitan 

planning area in existence as of such date of enactment 

shall be retained. 

‘‘(B) EXCEPTION.—The boundaries described in 

subparagraph (A) may be adjusted by agreement of the 

Time period. 


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Governor and affected metropolitan planning organizations 

in the manner described in subsection (d)(5). 

‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the 

date of enactment of the SAFETEA–LU, as a nonattainment 

area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— 

‘‘(A) shall be established in the manner described in 

subsection (d)(1); 

‘‘(B) shall encompass the areas described in paragraph 

(2)(A); 

‘‘(C) may encompass the areas described in paragraph 

(2)(B); and 

‘‘(D) may address any nonattainment area identified 

under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone 

or carbon monoxide. 

‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

‘‘(1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the 

entire metropolitan area. 

‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is 

granted to any 2 or more States— 

‘‘(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative 

efforts and mutual assistance in support of activities 

authorized under this section as the activities pertain to 

interstate areas and localities within the States; and 

‘‘(B) to establish such agencies, joint or otherwise, as 

the States may determine desirable for making the agreements and compacts effective. 

‘‘(3) RESERVATION OF RIGHTS.—The right to alter, amend, 

or repeal interstate compacts entered into under this subsection 

is expressly reserved. 

‘‘(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— 

‘‘(1) NONATTAINMENT AREAS.—If more than 1 metropolitan 

planning organization has authority within a metropolitan area 

or an area which is designated as a nonattainment area for 

ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 

7401 et seq.), each metropolitan planning organization shall 

consult with the other metropolitan planning organizations designated for such area and the State in the coordination of 

plans and TIPs required by this section. 

‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE

MPOS.—If a transportation improvement, funded under this 

chapter or title 23, is located within the boundaries of more 

than 1 metropolitan planning area, the metropolitan planning 

organizations shall coordinate plans and TIPs regarding the 

transportation improvement. 

‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.— 

‘‘(A) IN GENERAL.—The Secretary shall encourage each 

metropolitan planning organization to consult with officials 

responsible for other types of planning activities that are 

affected by transportation in the area (including State and 


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local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. 

‘‘(B) REQUIREMENTS.—Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning 

activities within the metropolitan area, and the process 

shall provide for the design and delivery of transportation 

services within the metropolitan area that are provided 

by— 

‘‘(i) recipients of assistance under this chapter; 

‘‘(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and 

organizations) that receive Federal assistance from a 

source other than the Department of Transportation 

to provide nonemergency transportation services; and 

‘‘(iii) recipients of assistance under section 204 of 

title 23. 

‘‘(h) SCOPE OF PLANNING PROCESS.— 

‘‘(1) IN GENERAL.—The metropolitan planning process for 

a metropolitan planning area under this section shall provide 

for consideration of projects and strategies that will— 

‘‘(A) support the economic vitality of the metropolitan 

area, especially by enabling global competitiveness, productivity, and efficiency; 

‘‘(B) increase the safety of the transportation system 

for motorized and nonmotorized users; 

‘‘(C) increase the security of the transportation system 

for motorized and nonmotorized users; 

‘‘(D) increase the accessibility and mobility of people 

and for freight; 

‘‘(E) protect and enhance the environment, promote 

energy conservation, improve the quality of life, and promote consistency between transportation improvements 

and State and local planned growth and economic development patterns; 

‘‘(F) enhance the integration and connectivity of the 

transportation system, across and between modes, for 

people and freight; 

‘‘(G) promote efficient system management and operation; and 

‘‘(H) emphasize the preservation of the existing 

transportation system. 

‘‘(2) 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 150(b) of title 23 and the general purposes described 

in section 5301. 

‘‘(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 


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in section 150(c) of title 23, where applicable, to 

use in tracking progress towards 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.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the 

maximum extent practicable, with providers of public 

transportation to ensure consistency with sections 

5326(c) and 5329(d). 

‘‘(C) TIMING.—Each metropolitan planning organization 

shall establish the performance targets under subparagraph (B) not later than 180 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 

transportation plans and transportation processes, as well 

as any plans developed by recipients of assistance under 

this chapter, required as part of a performance-based program. 

‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraphs (1) and (2) shall not 

be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in 

any matter affecting a transportation plan, a TIP, a project 

or strategy, or the certification of a planning process. 

‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.— 

‘‘(1) REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Each metropolitan planning 

organization shall prepare and update a transportation 

plan for its metropolitan planning area in accordance with 

the requirements of this subsection. 

‘‘(B) FREQUENCY.— 

‘‘(i) IN GENERAL.—The metropolitan planning 

organization shall prepare and update such plan every 

4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) 

in the case of each of the following: 

‘‘(I) Any area designated as nonattainment, 

as defined in section 107(d) of the Clean Air Act 

(42 U.S.C. 7407(d)). 

‘‘(II) Any area that was nonattainment and 

subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 

7407(d)(3)) and that is subject to a maintenance 

plan under section 175A of that Act (42 U.S.C. 

7505a). 


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‘‘(ii) OTHER AREAS.—In the case of any other area 

required to have a transportation plan in accordance 

with the requirements of this subsection, the metropolitan planning organization shall prepare and update 

such plan every 5 years unless the metropolitan planning organization elects to update more frequently. 

‘‘(2) TRANSPORTATION PLAN.—A transportation plan under 

this section shall be in a form that the Secretary determines 

to be appropriate and shall contain, at a minimum, the following: 

‘‘(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.— 

‘‘(i) IN GENERAL.—An identification of transportation facilities (including major roadways, transit, 

multimodal and intermodal facilities, nonmotorized 

transportation facilities, and intermodal connectors) 

that should function as an integrated metropolitan 

transportation system, giving emphasis to those facilities that serve important national and regional 

transportation functions. 

‘‘(ii) FACTORS.—In formulating the transportation 

plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors 

relate to a 20-year forecast period. 

‘‘(B) PERFORMANCE MEASURES AND TARGETS.—A 

description of the performance measures and performance 

targets used in assessing the performance of the transportation system in accordance with subsection (h)(2). 

‘‘(C) SYSTEM PERFORMANCE REPORT.—A system 

performance report and subsequent updates evaluating the 

condition and performance of the transportation system 

with respect to the performance targets described in subsection (h)(2), including— 

‘‘(i) progress achieved by the metropolitan planning 

organization in meeting the performance targets in 

comparison with system performance recorded in previous reports; and 

‘‘(ii) for metropolitan planning organizations that 

voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the 

conditions and performance of the transportation 

system and how changes in local policies and investments have impacted the costs necessary to achieve 

the identified performance targets. 

‘‘(D) MITIGATION ACTIVITIES.— 

‘‘(i) IN GENERAL.—A long-range transportation plan 

shall include a discussion of types of potential environmental mitigation activities and potential areas to 

carry out these activities, including activities that may 

have the greatest potential to restore and maintain 

the environmental functions affected by the plan. 

‘‘(ii) CONSULTATION.—The discussion shall be 

developed in consultation with Federal, State, and 

tribal wildlife, land management, and regulatory agencies. 

‘‘(E) FINANCIAL PLAN.— 

‘‘(i) IN GENERAL.—A financial plan that— 

Time period. 


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‘‘(I) demonstrates how the adopted transportation plan can be implemented; 

‘‘(II) indicates resources from public and private sources that are reasonably expected to be 

made available to carry out the plan; and 

‘‘(III) recommends any additional financing 

strategies for needed projects and programs. 

‘‘(ii) INCLUSIONS.—The financial plan may include, 

for illustrative purposes, additional projects that would 

be included in the adopted transportation plan if 

reasonable additional resources beyond those identified 

in the financial plan were available. 

‘‘(iii) COOPERATIVE DEVELOPMENT.—For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and 

State shall cooperatively develop estimates of funds 

that will be available to support plan implementation. 

‘‘(F) OPERATIONAL AND MANAGEMENT STRATEGIES.— 

Operational and management strategies to improve the 

performance of existing transportation facilities to relieve 

vehicular congestion and maximize the safety and mobility 

of people and goods. 

‘‘(G) CAPITAL INVESTMENT AND OTHER STRATEGIES.— 

Capital investment and other strategies to preserve the 

existing and projected future metropolitan transportation 

infrastructure and provide for multimodal capacity 

increases based on regional priorities and needs. 

‘‘(H) TRANSPORTATION AND TRANSIT ENHANCEMENT

ACTIVITIES.—Proposed transportation and transit enhancement activities. 

‘‘(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In 

metropolitan areas that are in nonattainment for ozone or 

carbon monoxide under the Clean Air Act (42 U.S.C. 7401 

et seq.), the metropolitan planning organization shall coordinate 

the development of a transportation plan with the process 

for development of the transportation control measures of the 

State implementation plan required by that Act. 

‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.— 

‘‘(A) IN GENERAL.—A metropolitan planning organization may, while fitting the needs and complexity of its 

community, voluntarily elect to develop multiple scenarios 

for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B). 

‘‘(B) RECOMMENDED COMPONENTS.—A metropolitan 

planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— 

‘‘(i) potential regional investment strategies for the 

planning horizon; 

‘‘(ii) assumed distribution of population and 

employment; 

‘‘(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2); 


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‘‘(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; 

‘‘(v) revenue constrained scenarios based on the 

total revenues expected to be available over the forecast 

period of the plan; and 

‘‘(vi) estimated costs and potential revenues available to support each scenario. 

‘‘(C) METRICS.—In addition to the performance measures identified in section 150(c) of title 23, metropolitan 

planning organizations may evaluate scenarios developed 

under this paragraph using locally-developed measures. 

‘‘(5) CONSULTATION.— ‘‘(A) IN GENERAL.—In each metropolitan area, the 

metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land 

use management, natural resources, environmental protection, conservation, and historic preservation concerning the 

development of a long-range transportation plan. 

‘‘(B) ISSUES.—The consultation shall involve, as appropriate— 

‘‘(i) comparison of transportation plans with State 

conservation plans or maps, if available; or 

‘‘(ii) comparison of transportation plans to inventories of natural or historic resources, if available. 

‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— 

‘‘(A) IN GENERAL.—Each metropolitan planning 

organization shall provide citizens, affected public agencies, 

representatives of public transportation employees, freight 

shippers, providers of freight transportation services, private providers of transportation, representatives of users 

of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties 

with a reasonable opportunity to comment on the transportation plan. 

‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A participation plan— 

‘‘(i) shall be developed in consultation with all 

interested parties; and 

‘‘(ii) shall provide that all interested parties have 

reasonable opportunities to comment on the contents 

of the transportation plan. 

‘‘(C) METHODS.—In carrying out subparagraph (A), the 

metropolitan planning organization shall, to the maximum 

extent practicable— 

‘‘(i) hold any public meetings at convenient and 

accessible locations and times; 

‘‘(ii) employ visualization techniques to describe 

plans; and 

‘‘(iii) make public information available in electronically accessible format and means, such as the 

World Wide Web, as appropriate to afford reasonable 

opportunity for consideration of public information 

under subparagraph (A). 

‘‘(7) PUBLICATION.—A transportation plan involving Federal 

participation shall be published or otherwise made readily 

Public 

information. 


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available by the metropolitan planning organization for public 

review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World 

Wide Web, approved by the metropolitan planning organization 

and submitted for information purposes to the Governor at 

such times and in such manner as the Secretary shall establish. 

‘‘(8) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— Notwithstanding paragraph (2)(C), a State or metropolitan 

planning organization shall not be required to select any project 

from the illustrative list of additional projects included in the 

financial plan under paragraph (2)(C). 

‘‘(j) METROPOLITAN TIP.— 

‘‘(1) DEVELOPMENT.— ‘‘(A) IN GENERAL.—In cooperation with the State and 

any affected public transportation operator, the metropolitan planning organization designated for a metropolitan 

area shall develop a TIP for the 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, is designed to make 

progress toward achieving the performance targets 

established under subsection (h)(2). 

‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the 

TIP, the metropolitan planning organization, in cooperation 

with the State and any affected public transportation operator, shall provide an opportunity for participation by 

interested parties in the development of the program, in 

accordance with subsection (i)(5). 

‘‘(C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the metropolitan planning organization, 

public transportation agency, and State shall cooperatively 

develop estimates of funds that are reasonably expected 

to be available to support program implementation. 

‘‘(D) UPDATING AND APPROVAL.—The TIP shall be— 

‘‘(i) updated at least once every 4 years; and 

‘‘(ii) approved by the metropolitan planning 

organization and the Governor. 

‘‘(2) CONTENTS.— 

‘‘(A) PRIORITY LIST.—The TIP shall include a priority 

list of proposed Federally supported projects and strategies 

to be carried out within each 4-year period after the initial 

adoption of the TIP. 

‘‘(B) FINANCIAL PLAN.—The TIP shall include a financial plan that— 

‘‘(i) demonstrates how the TIP can be implemented; 

‘‘(ii) indicates resources from public and private 

sources that are reasonably expected to be available 

to carry out the program; 

‘‘(iii) identifies innovative financing techniques to 

finance projects, programs, and strategies; and 

‘‘(iv) may include, for illustrative purposes, additional projects that would be included in the approved 

TIP if reasonable additional resources beyond those 

identified in the financial plan were available. 

Time period. 


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‘‘(C) DESCRIPTIONS.—Each project in the TIP shall 

include sufficient descriptive material (such as type of work, 

termini, length, and other similar factors) to identify the 

project or phase of the project. 

‘‘(D) 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 

toward achieving the performance targets established in 

the metropolitan transportation plan, linking investment 

priorities to those performance targets. 

‘‘(3) INCLUDED PROJECTS.— ‘‘(A) PROJECTS UNDER THIS CHAPTER AND TITLE 23.— A TIP developed under this subsection for a metropolitan 

area shall include the projects within the area that are 

proposed for funding under this chapter and chapter 1 

of title 23. 

‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.— 

‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under 

chapter 2 of title 23 shall be identified individually 

in the transportation improvement program. 

‘‘(ii) OTHER PROJECTS.—Projects proposed for 

funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped 

in 1 line item or identified individually in the transportation improvement program. 

‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION

PLAN.—Each project shall be consistent with the long-range 

transportation plan developed under subsection (i) for the 

area. 

‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 

The program shall include a project, or an identified phase 

of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase 

within the time period contemplated for completion of the 

project or the identified phase. 

‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a 

metropolitan planning organization, in cooperation with the 

State and any affected public transportation operator, shall 

provide an opportunity for participation by interested parties 

in the development of the program, in accordance with subsection (i)(5). 

‘‘(5) SELECTION OF PROJECTS.— 

‘‘(A) IN GENERAL.—Except as otherwise provided in 

subsection (k)(4) and in addition to the TIP development 

required under paragraph (1), the selection of Federally 

funded projects in metropolitan areas shall be carried out, 

from the approved TIP— 

‘‘(i) by— 

‘‘(I) in the case of projects under title 23, the 

State; and 

‘‘(II) in the case of projects under this chapter, 

the designated recipients of public transportation 

funding; and 

‘‘(ii) in cooperation with the metropolitan planning 

organization. 


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‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary 

shall not be required to advance a project included in 

the approved TIP in place of another project in the program. 

‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— ‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the 

illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). 

‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by 

the Secretary shall be required for a State or metropolitan 

planning organization to select any project from the illustrative list of additional projects included in the financial 

plan under paragraph (2)(B)(iv) for inclusion in an approved 

TIP. 

‘‘(7) PUBLICATION.— 

‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal 

participation shall be published or otherwise made readily 

available by the metropolitan planning organization for 

public review. 

‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— 

‘‘(i) IN GENERAL.—An annual listing of projects, 

including investments in pedestrian walkways and 

bicycle transportation facilities, for which Federal 

funds have been obligated in the preceding year shall 

be published or otherwise made available by the 

cooperative effort of the State, transit operator, and 

metropolitan planning organization for public review. 

‘‘(ii) REQUIREMENT.—The listing shall be consistent 

with the categories identified in the TIP. 

‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— 

‘‘(1) IDENTIFICATION AND DESIGNATION.— 

‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall 

identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with 

a population of over 200,000 individuals. 

‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall 

designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. 

‘‘(2) TRANSPORTATION PLANS.—In a transportation management area, transportation plans shall be based on a continuing 

and comprehensive transportation planning process carried out 

by the metropolitan planning organization in cooperation with 

the State and public transportation operators. 

‘‘(3) CONGESTION MANAGEMENT PROCESS.— 

‘‘(A) IN GENERAL.—Within a metropolitan planning 

area serving a transportation management area, the 

transportation planning process under this section shall 

address congestion management through a process that 

provides for effective management and operation, based 

on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 

through the use of travel demand reduction and operational 

management strategies. 

Public 

information. 


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‘‘(B) SCHEDULE.—The Secretary shall establish an 

appropriate phase-in schedule for compliance with the 

requirements of this section but no sooner than 1 year 

after the identification of a transportation management 

area. 

‘‘(4) SELECTION OF PROJECTS.— ‘‘(A) IN GENERAL.—All Federally funded projects carried 

out within the boundaries of a metropolitan planning area 

serving a transportation management area under title 23 

(excluding projects carried out on the National Highway 

System) or under this chapter shall be selected for 

implementation from the approved TIP by the metropolitan 

planning organization designated for the area in consultation with the State and any affected public transportation 

operator. 

‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects 

carried out within the boundaries of a metropolitan planning area serving a transportation management area on 

the National Highway System shall be selected for 

implementation from the approved TIP by the State in 

cooperation with the metropolitan planning organization 

designated for the area. 

‘‘(5) CERTIFICATION.— 

‘‘(A) IN GENERAL.—The Secretary shall— 

‘‘(i) ensure that the metropolitan planning process 

of a metropolitan planning organization serving a 

transportation management area is being carried out 

in accordance with applicable provisions of Federal 

law; and 

‘‘(ii) subject to subparagraph (B), certify, not less 

often than once every 4 years, that the requirements 

of this paragraph are met with respect to the metropolitan planning process. 

‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary may make the certification under subparagraph (A) 

if— 

‘‘(i) the transportation planning process complies 

with the requirements of this section and other 

applicable requirements of Federal law; and 

‘‘(ii) there is a TIP for the metropolitan planning 

area that has been approved by the metropolitan planning organization and the Governor. 

‘‘(C) EFFECT OF FAILURE TO CERTIFY.— 

‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning 

organization serving a transportation management 

area is not certified, the Secretary may withhold up 

to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning 

organization for projects funded under this chapter 

and title 23. 

‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning 

process is certified by the Secretary. 

‘‘(D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary 

Time period. 

Time period. 


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shall provide for public involvement appropriate to the 

metropolitan area under review. 

‘‘(l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.— 

‘‘(1) IN GENERAL.—The Secretary shall submit to Congress 

a report on the effectiveness of the performance-based planning 

processes of metropolitan planning organizations under this 

section, taking into consideration the requirements of this subsection 

‘‘(2) REPORT.—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— 

‘‘(A) the overall effectiveness of performance-based 

planning as a tool for guiding transportation investments; 

‘‘(B) the effectiveness of the performance-based planning process of each metropolitan planning organization 

under this section; 

‘‘(C) the extent to which metropolitan planning 

organizations have achieved, or are currently making 

substantial progress toward achieving, the performance targets specified under this section and whether metropolitan 

planning organizations are developing meaningful performance targets; and 

‘‘(D) the technical capacity of metropolitan planning 

organizations that operate within a metropolitan planning 

area of less than 200,000 and their ability to carry out 

the requirements of this section. 

‘‘(3) PUBLICATION.—The report under paragraph (2) shall 

be published or otherwise made available in electronically accessible formats and means, including on the Internet. 

‘‘(m) ABBREVIATED PLANS FOR CERTAIN AREAS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case 

of a metropolitan area not designated as a transportation 

management area under this section, the Secretary may provide 

for the development of an abbreviated transportation plan and 

TIP for the metropolitan planning area that the Secretary 

determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. 

‘‘(2) NONATTAINMENT AREAS.—The Secretary may not 

permit abbreviated plans or TIPs for a metropolitan area that 

is in nonattainment for ozone or carbon monoxide under the 

Clean Air Act (42 U.S.C. 7401 et seq.). 

‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

AREAS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provisions 

of this chapter or title 23, for transportation management areas 

classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal 

funds may not be advanced in such area for any highway 

project that will result in a significant increase in the carrying 

capacity for single-occupant vehicles unless the project is 

addressed through a congestion management process. 

‘‘(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries 

determined under subsection (e). 

‘‘(o) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to confer on a metropolitan planning 


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126 STAT. 642 PUBLIC LAW 112–141—JULY 6, 2012 

organization the authority to impose legal requirements on any 

transportation facility, provider, or project not eligible under this 

chapter or title 23. 

‘‘(p) FUNDING.—Funds set aside under section 104(f) of title 

23 or section 5305(g) shall be available to carry out this section. 

‘‘(q) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since 

plans and TIPs described in this section are subject to a reasonable 

opportunity for public comment, since individual projects included 

in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 

decisions by the Secretary concerning plans and TIPs described 

in this section have not been reviewed under that Act as of January 

1, 1997, any decision by the Secretary concerning a plan or TIP 

described in this section shall not be considered to be a Federal 

action subject to review under that Act.’’. 

(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 

49 USC 5303 

note. 


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(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: 

‘‘§ 5304. Statewide and nonmetropolitan transportation planning 

‘‘(a) GENERAL REQUIREMENTS.— ‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to 

section 5303, to accomplish the objectives stated in section 

5303(a), each State shall develop a statewide transportation 

plan and a statewide transportation improvement program for 

all areas of the State. 

‘‘(2) CONTENTS.—The statewide transportation plan and the 

transportation improvement program developed for each State 

shall provide for the development and integrated management 

and operation of transportation systems and facilities (including 

accessible pedestrian walkways and bicycle transportation 

facilities) that will function as an intermodal transportation 

system for the State and an integral part of an intermodal 

transportation system for the United States. 

‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 

the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a) and shall 

be continuing, cooperative, and comprehensive to the degree 

appropriate, based on the complexity of the transportation problems to be addressed. 

‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE

IMPLEMENTATION PLAN.—A State shall— 

‘‘(1) coordinate planning carried out under this section with 

the transportation planning activities carried out under section 

5303 for metropolitan areas of the State and with statewide 

trade and economic development planning activities and related 

multistate planning efforts; and 

‘‘(2) develop the transportation portion of the State 

implementation plan as required by the Clean Air Act (42 

U.S.C. 7401 et seq.). 

‘‘(c) INTERSTATE AGREEMENTS.— 

‘‘(1) IN GENERAL.—Two or more States may enter into 

agreements or compacts, not in conflict with any law of the 

United States, for cooperative efforts and mutual assistance 

in support of activities authorized under this section related 

to interstate areas and localities in the States and establishing 

authorities the States consider desirable for making the agreements and compacts effective. 

‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend, 

or repeal interstate compacts entered into under this subsection 

is expressly reserved. 

‘‘(d) SCOPE OF PLANNING PROCESS.— 

‘‘(1) IN GENERAL.—Each State shall carry out a statewide 

transportation planning process that provides for consideration 

and implementation of projects, strategies, and services that 

will— 


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‘‘(A) support the economic vitality of the United States, 

the States, nonmetropolitan areas, and metropolitan areas, 

especially by enabling global competitiveness, productivity, 

and efficiency; 

‘‘(B) increase the safety of the transportation system 

for motorized and nonmotorized users; 

‘‘(C) increase the security of the transportation system 

for motorized and nonmotorized users; 

‘‘(D) increase the accessibility and mobility of people 

and freight; 

‘‘(E) protect and enhance the environment, promote 

energy conservation, improve the quality of life, and promote consistency between transportation improvements 

and State and local planned growth and economic development patterns; 

‘‘(F) enhance the integration and connectivity of the 

transportation system, across and between modes throughout the State, for people and freight; 

‘‘(G) promote efficient system management and operation; and 

‘‘(H) emphasize the preservation of the existing 

transportation system. 

‘‘(2) 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 

150(b) of title 23 and the general purposes described in 

section 5301. 

‘‘(B) PERFORMANCE TARGETS.— 

‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.— 

‘‘(I) IN GENERAL.—Each State shall establish 

performance targets that address the performance 

measures described in section 150(c) of title 23, 

where applicable, to use in tracking progress 

towards attainment of critical outcomes for the 

State. 

‘‘(II) COORDINATION.—Selection of performance 

targets by a State shall be coordinated with the 

relevant metropolitan planning organizations to 

ensure consistency, to the maximum extent practicable. 

‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—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, selection of 

performance targets by a State shall be coordinated, 

to the maximum extent practicable, with providers of 

public transportation to ensure consistency with sections 5326(c) and 5329(d). 

‘‘(C) 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 targets described 

in this paragraph, in other State transportation plans and 


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transportation processes, as well as any plans developed 

pursuant to title 23 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 performancebased program. 

‘‘(D) USE OF PERFORMANCE MEASURES AND TARGETS.— The performance measures and targets established under 

this paragraph shall be considered by a State when developing 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 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. 

‘‘(e) ADDITIONAL REQUIREMENTS.—‘‘In carrying out planning 

under this section, each State shall, at a minimum— 

‘‘(1) with respect to nonmetropolitan areas, cooperate with 

affected local officials with responsibility for transportation or, 

if applicable, through regional transportation planning 

organizations described in subsection (l); 

‘‘(2) consider the concerns of Indian tribal governments 

and Federal land management agencies that have jurisdiction 

over land within the boundaries of the State; and 

‘‘(3) consider coordination of transportation plans, the 

transportation improvement program, and planning activities 

with related planning activities being carried out outside of 

metropolitan planning areas and between States. 

‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.— 

‘‘(1) DEVELOPMENT.—Each State shall develop a long-range 

statewide transportation plan, with a minimum 20-year forecast 

period for all areas of the State, that provides for the development and implementation of the intermodal transportation 

system of the State. 

‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

‘‘(A) METROPOLITAN AREAS.—The statewide transportation plan shall be developed for each metropolitan area 

in the State in cooperation with the metropolitan planning 

organization designated for the metropolitan area under 

section 5303. 

‘‘(B) NONMETROPOLITAN AREAS.— 

‘‘(i) IN GENERAL.—With respect to nonmetropolitan 

areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if 

applicable, through regional transportation planning 

organizations described in subsection (l). 

‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not 

review or approve the consultation process in each 

State. 

‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 

of the State under the jurisdiction of an Indian tribal 

Time period. 


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126 STAT. 646 PUBLIC LAW 112–141—JULY 6, 2012 

government, the statewide transportation plan shall be 

developed in consultation with the tribal government and 

the Secretary of the Interior. 

‘‘(D) CONSULTATION, COMPARISON, AND CONSIDERATION.— 

‘‘(i) IN GENERAL.—The long-range transportation 

plan shall be developed, as appropriate, in consultation 

with State, tribal, and local agencies responsible for 

land use management, natural resources, environmental protection, conservation, and historic preservation. 

‘‘(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i) shall involve comparison of 

transportation plans to State and tribal conservation 

plans or maps, if available, and comparison of transportation plans to inventories of natural or historic 

resources, if available. 

‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— 

‘‘(A) IN GENERAL.—In developing the statewide 

transportation plan, the State shall provide to— 

‘‘(i) nonmetropolitan local elected officials, or, if 

applicable, through regional transportation planning 

organizations described in subsection (l), an opportunity to participate in accordance with subparagraph 

(B)(i); and 

‘‘(ii) citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives 

of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other 

interested parties a reasonable opportunity to comment 

on the proposed plan. 

‘‘(B) METHODS.—In carrying out subparagraph (A), the 

State shall, to the maximum extent practicable— 

‘‘(i) develop and document a consultative process 

to carry out subparagraph (A)(i) that is separate and 

discrete from the public involvement process developed 

under clause (ii); 

‘‘(ii) hold any public meetings at convenient and 

accessible locations and times; 

‘‘(iii) employ visualization techniques to describe 

plans; and 

‘‘(iv) make public information available in electronically accessible format and means, such as the 

World Wide Web, as appropriate to afford reasonable 

opportunity for consideration of public information 

under subparagraph (A). 

‘‘(4) MITIGATION ACTIVITIES.— 

‘‘(A) IN GENERAL.—A long-range transportation plan 

shall include a discussion of potential environmental mitigation activities and potential areas to carry out these 

activities, including activities that may have the greatest 

potential to restore and maintain the environmental functions affected by the plan. 

Public 

information. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 647 

‘‘(B) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife, 

land management, and regulatory agencies. 

‘‘(5) FINANCIAL PLAN.—The statewide transportation plan 

may include— 

‘‘(A) a financial plan that— 

‘‘(i) demonstrates how the adopted statewide 

transportation plan can be implemented; 

‘‘(ii) indicates resources from public and private 

sources that are reasonably expected to be made available to carry out the plan; and 

‘‘(iii) recommends any additional financing strategies for needed projects and programs; and 

‘‘(B) for illustrative purposes, additional projects that 

would be included in the adopted statewide transportation 

plan if reasonable additional resources beyond those identified in the financial plan were available. 

‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

A State shall not be required to select any project from the 

illustrative list of additional projects included in the financial 

plan described in paragraph (5). 

‘‘(7) PERFORMANCE-BASED APPROACH.—The statewide 

transportation plan should include— 

‘‘(A) a description of the performance measures and 

performance targets used in assessing the performance of 

the transportation system in accordance with subsection 

(d)(2); and 

‘‘(B) a system performance report and subsequent 

updates evaluating the condition and performance of the 

transportation system with respect to the performance targets described in subsection (d)(2), including progress 

achieved by the metropolitan planning organization in 

meeting the performance targets in comparison with system 

performance recorded in previous reports; 

‘‘(8) EXISTING SYSTEM.—The statewide transportation plan 

should include capital, operations and management strategies, 

investments, procedures, and other measures to ensure the 

preservation and most efficient use of the existing transportation system. 

‘‘(9) PUBLICATION OF LONG-RANGE TRANSPORTATION

PLANS.—Each long-range transportation plan prepared by a 

State shall be published or otherwise made available, including 

(to the maximum extent practicable) in electronically accessible 

formats and means, such as the World Wide Web. 

‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.— 

‘‘(1) DEVELOPMENT.— 

‘‘(A) IN GENERAL.—Each State shall develop a statewide 

transportation improvement program for all areas of the 

State. 

‘‘(B) DURATION AND UPDATING OF PROGRAM.—Each program developed under subparagraph (A) shall cover a 

period of 4 years and shall be updated every 4 years 

or more frequently if the Governor of the State elects 

to update more frequently. 

‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

Time period. 


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126 STAT. 648 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(A) METROPOLITAN AREAS.—With respect to each 

metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning 

organization designated for the metropolitan area under 

section 5303. 

‘‘(B) NONMETROPOLITAN AREAS.— ‘‘(i) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local 

officials with responsibility for transportation or, if 

applicable, through regional transportation planning 

organizations described in subsection (l). 

‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not 

review or approve the specific consultation process in 

the State. 

‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 

of the State under the jurisdiction of an Indian tribal 

government, the program shall be developed in consultation 

with the tribal government and the Secretary of the 

Interior. 

‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 

the program, the State shall provide citizens, affected public 

agencies, representatives of public transportation employees, 

freight shippers, private providers of transportation, providers 

of freight transportation services, representatives of users of 

public transportation, representatives of users of pedestrian 

walkways and bicycle transportation facilities, representatives 

of the disabled, and other interested parties with a reasonable 

opportunity to comment on the proposed program. 

‘‘(4) 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. 

‘‘(5) INCLUDED PROJECTS.— 

‘‘(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall 

include Federally supported surface transportation 

expenditures within the boundaries of the State. 

‘‘(B) LISTING OF PROJECTS.— 

‘‘(i) IN GENERAL.—An annual listing of projects for 

which funds have been obligated for the preceding 

year in each metropolitan planning area shall be published or otherwise made available by the cooperative 

effort of the State, transit operator, and the metropolitan planning organization for public review. 

‘‘(ii) FUNDING CATEGORIES.—The listing described 

in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation 

improvement program. 

‘‘(C) PROJECTS UNDER CHAPTER 2.— 

‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under 

chapter 2 of title 23 shall be identified individually 

in the transportation improvement program. 

Public 

information. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 649 

‘‘(ii) OTHER PROJECTS.—Projects proposed for 

funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped 

in 1 line item or identified individually in the transportation improvement program. 

‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPORTATION

PLAN.—Each project shall be— 

‘‘(i) consistent with the statewide transportation 

plan developed under this section for the State; 

‘‘(ii) identical to the project or phase of the project 

as described in an approved metropolitan transportation plan; and 

‘‘(iii) in conformance with the applicable State air 

quality implementation plan developed under the 

Clean Air Act (42 U.S.C. 7401 et seq.), if the project 

is carried out in an area designated as a nonattainment 

area for ozone, particulate matter, or carbon monoxide 

under part D of title I of that Act (42 U.S.C. 7501 

et seq.). 

‘‘(E) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 

The transportation improvement program shall include a 

project, or an identified phase of a project, only if full 

funding can reasonably be anticipated to be available for 

the project within the time period contemplated for completion of the project. 

‘‘(F) FINANCIAL PLAN.— 

‘‘(i) IN GENERAL.—The transportation improvement 

program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources 

from public and private sources that are reasonably 

expected to be made available to carry out the transportation improvement program, and recommends any 

additional financing strategies for needed projects and 

programs. 

‘‘(ii) ADDITIONAL PROJECTS.—The financial plan 

may include, for illustrative purposes, additional 

projects that would be included in the adopted 

transportation plan if reasonable additional resources 

beyond those identified in the financial plan were available. 

‘‘(G) SELECTION OF PROJECTS FROM ILLUSTRATIVE

LIST.— 

‘‘(i) NO REQUIRED SELECTION.—Notwithstanding 

subparagraph (F), a State shall not be required to 

select any project from the illustrative list of additional 

projects included in the financial plan under subparagraph (F). 

‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action 

by the Secretary shall be required for a State to select 

any project from the illustrative list of additional 

projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation 

improvement program. 

‘‘(H) PRIORITIES.—The transportation improvement 

program shall reflect the priorities for programming and 


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126 STAT. 650 PUBLIC LAW 112–141—JULY 6, 2012 

expenditures of funds, including transportation enhancement activities, required by this chapter and title 23. 

‘‘(6) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000

POPULATION.— ‘‘(A) IN GENERAL.—Projects carried out in areas with 

populations of less than 50,000 individuals shall be 

selected, from the approved transportation improvement 

program (excluding projects carried out on the National 

Highway System and projects carried out under the bridge 

program or the Interstate maintenance program under title 

23 or under sections 5310 and 5311 of this chapter), by 

the State in cooperation with the affected nonmetropolitan 

local officials with responsibility for transportation or, if 

applicable, through regional transportation planning 

organizations described in subsection (l). 

‘‘(B) OTHER PROJECTS.—Projects carried out in areas 

with populations of less than 50,000 individuals on the 

National Highway System or under the bridge program 

or the Interstate maintenance program under title 23 or 

under sections 5310 and 5311 of this chapter shall be 

selected, from the approved statewide transportation 

improvement program, by the State in consultation with 

the affected nonmetropolitan local officials with responsibility for transportation. 

‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.— 

Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved 

by the Secretary if based on a current planning finding. 

‘‘(8) PLANNING FINDING.—A finding shall be made by the 

Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and 

programs are developed is consistent with this section and 

section 5303. 

‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary 

shall not be required to advance a project included in the 

approved transportation improvement program in place of 

another project in the program. 

‘‘(h) 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 is making progress 

toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets. 

‘‘(B) The extent to which the State has made transportation investments that are 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 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.— 

Public 

information. 

Criteria. 

Time period. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 651 

‘‘(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. 

‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION

MANAGEMENT PROCESSES.—For purposes of this section and section 

5303, and sections 134 and 135 of title 23, State laws, rules, 

or regulations pertaining to congestion management systems or 

programs may constitute the congestion management process under 

this this section and section 5303, and sections 134 and 135 of 

title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes 

of this section and section 5303, and sections 134 and 135 of 

title 23, as appropriate. 

‘‘(j) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the 

statewide transportation plan and the transportation improvement 

program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in 

the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 

decisions by the Secretary concerning statewide transportation 

plans or the transportation improvement program described in this 

section have not been reviewed under that Act as of January 1, 

1997, any decision by the Secretary concerning a metropolitan or 

statewide transportation plan or the transportation improvement 

program described in this section shall not be considered to be 

a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(k) 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. 

‘‘(l) DESIGNATION OF REGIONAL TRANSPORTATION PLANNING

ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—To carry out the transportation planning 

process required by this section, a State may establish and 

designate regional transportation planning organizations to 

enhance the planning, coordination, and implementation of 

statewide strategic long-range transportation plans and 

transportation improvement programs, with an emphasis on 

addressing the needs of nonmetropolitan areas of the State. 

Deadline. 

Guidance. 


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126 STAT. 652 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(2) STRUCTURE.—A regional transportation planning 

organization shall be established as a multijurisdictional 

organization of nonmetropolitan local officials or their designees 

who volunteer for such organization and representatives of 

local transportation systems who volunteer for such organization. 

‘‘(3) REQUIREMENTS.—A regional transportation planning 

organization shall establish, at a minimum— 

‘‘(A) a policy committee, the majority of which shall 

consist of nonmetropolitan local officials, or their designees, 

and, as appropriate, additional representatives from the 

State, private business, transportation service providers, 

economic development practitioners, and the public in the 

region; and 

‘‘(B) a fiscal and administrative agent, such as an 

existing regional planning and development organization, 

to provide professional planning, management, and 

administrative support. 

‘‘(4) DUTIES.—The duties of a regional transportation planning organization shall include— 

‘‘(A) developing and maintaining, in cooperation with 

the State, regional long-range multimodal transportation 

plans; 

‘‘(B) developing a regional transportation improvement 

program for consideration by the State; 

‘‘(C) fostering the coordination of local planning, land 

use, and economic development plans with State, regional, 

and local transportation plans and programs; 

‘‘(D) providing technical assistance to local officials; 

‘‘(E) participating in national, multistate, and State 

policy and planning development processes to ensure the 

regional and local input of nonmetropolitan areas; 

‘‘(F) providing a forum for public participation in the 

statewide and regional transportation planning processes; 

‘‘(G) considering and sharing plans and programs with 

neighboring regional transportation planning organizations, metropolitan planning organizations, and, where 

appropriate, tribal organizations; and 

‘‘(H) conducting other duties, as necessary, to support 

and enhance the statewide planning process under subsection (d). 

‘‘(5) STATES WITHOUT REGIONAL TRANSPORTATION PLANNING

ORGANIZATIONS.—If a State chooses not to establish or designate 

a regional transportation planning organization, the State shall 

consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.’’. 

SEC. 20007. URBANIZED AREA FORMULA GRANTS. 

Section 5307 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 5307. Urbanized area formula grants 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) GRANTS.—The Secretary may make grants under this 

section for— 

‘‘(A) capital projects; 

‘‘(B) planning; 

Consultation. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 653 

‘‘(C) job access and reverse commute projects; and 

‘‘(D) 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 in fixed route service during peak service 

hours, in an amount not to exceed 75 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 in 

fixed route service 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. 

‘‘(b) 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. 

‘‘(c) 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 

(b) 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; 

Certification. 

Publication. 

Public 

information. 


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126 STAT. 654 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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 (b) of this section; 

‘‘(G) has available and will provide the required 

amounts as provided by subsection (d) 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. 

‘‘(d) 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 

Reports. 

Public comment. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 655 

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. 

‘‘(e) 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. 


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126 STAT. 656 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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. 

‘‘(f) REVIEWS, AUDITS, AND EVALUATIONS.— ‘‘(1) ANNUAL REVIEW.— ‘‘(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 (c) 

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 

(c) 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 EVALUA- TION.—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. 

‘‘(g) TREATMENT.—For purposes of this section, the United 

States Virgin Islands shall be treated as an urbanized area, as 

defined in section 5302. 

‘‘(h) PASSENGER FERRY GRANTS.— 

‘‘(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.’’. 

SEC. 20008. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. 

(a) IN GENERAL.—Section 5309 of title 49, United States Code, 

is amended to read as follows: 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 657 

‘‘§ 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) CORE CAPACITY IMPROVEMENT PROJECT.—The term ‘core 

capacity improvement project’ means a substantial corridorbased capital investment in an existing fixed guideway system 

that increases the capacity of a corridor by not less than 10 

percent. The term does not include project elements designed 

to maintain a state of good repair of the existing fixed guideway 

system. 

‘‘(3) CORRIDOR-BASED BUS RAPID TRANSIT PROJECT.—The 

term ‘corridor-based bus rapid transit project’ means a small 

start project utilizing buses in which the project represents 

a substantial investment in a defined corridor as demonstrated 

by features that emulate the services provided by rail fixed 

guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; 

short headway bidirectional services for a substantial part of 

weekdays and weekend days; and any other features the Secretary may determine support a long-term corridor investment, 

but the majority of which does not operate in a separated 

right-of-way dedicated for public transportation use during peak 

periods. 

‘‘(4) FIXED GUIDEWAY BUS RAPID TRANSIT PROJECT.—The 

term ‘fixed guideway bus rapid transit project’ means a bus 

capital project— 

‘‘(A) in which the majority of the project 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. 

‘‘(5) 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 fixed guideway bus rapid transit project that 

is a minimum operable segment or an extension to an 

existing bus rapid transit system. 


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126 STAT. 658 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(6) 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. 

‘‘(7) SMALL START PROJECT.—The term ‘small start project’ 

means a new fixed guideway capital project or corridor-based 

bus rapid transit project for which— 

‘‘(A) the Federal assistance provided or to be provided under this section is less than $75,000,000; and 

‘‘(B) the total estimated net capital cost is less than $250,000,000. 

‘‘(b) GENERAL AUTHORITY.—The Secretary may make grants 

under this section to State and local governmental authorities to 

assist in financing— 

‘‘(1) new fixed guideway capital projects or small start 

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 associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement 

projects as the Secretary determines are appropriate to increase 

the capacity of an existing fixed guideway system corridor 

by at least 10 percent. Core capacity improvement projects 

do not include elements to improve general station facilities 

or parking, or acquisition of rolling stock alone. 

‘‘(c) GRANT REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary may make a grant under 

this section for new fixed guideway capital projects, small start 

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(c)(1) shall be deemed to have provided 

sufficient information upon which the Secretary may make 

the determinations required under this subsection. 

‘‘(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 fixed 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 659 

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— 

‘‘(I) 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; and 

‘‘(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the new fixed guideway 

capital project is entering the project development 

phase. 

‘‘(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 

Deadline. 

Deadline. 

Notifications. 


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126 STAT. 660 PUBLIC LAW 112–141—JULY 6, 2012 

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, the project’s 

environmental benefits, congestion relief associated 

with the project, economic development effects associated with the project, policies and land use patterns 

of the project that support public transportation, and 

the project’s 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 

Notifications. 

Evaluation. 

Determination. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 661 

of 1969 (42 U.S.C. 4321 et seq.) with respect to 

the project; and 

‘‘(ii) the Secretary— 

‘‘(I) 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; and 

‘‘(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the core capacity improvement project is entering the project development 

phase. 

‘‘(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; 

Determination. 

Deadline. 

Deadline. 


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126 STAT. 662 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(iv) is justified based on a comprehensive review 

of the project’s mobility improvements, the project’s 

environmental benefits, congestion relief associated 

with the project, economic development effects associated with the project, the capacity needs of the corridor, 

and the project’s 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 increase capacity at 

least 10 percent 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; 

Evaluation. 


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‘‘(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; and 

‘‘(F) private contributions to the project, including costeffective project delivery, management or transfer of project 

risks, expedited project schedule, financial partnering, and 

other public-private partnership strategies. 

‘‘(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 

‘‘(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, mediumhigh, 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; 

Evaluation. 

Determination. 


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126 STAT. 664 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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 AGREE- MENTS.—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) SMALL START PROJECTS.— 

‘‘(1) IN GENERAL.—A small start project shall be subject 

to the requirements of this subsection. 

‘‘(2) PROJECT DEVELOPMENT PHASE.— 

‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT PHASE.— 

A new small starts 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— 

‘‘(I) 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; and 

Deadline. 

Notifications. 

Deadline. 

Deadline. 

Certification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 665 

‘‘(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the small starts project 

is entering the project development phase. 

‘‘(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. 

‘‘(3) SELECTION CRITERIA.—The Secretary may provide Federal assistance for a small start project under this subsection 

only if the Secretary determines that the project— 

‘‘(A) has been adopted as the locally preferred alternative as part of the metropolitan transportation plan 

required under section 5303; 

‘‘(B) is based on the results of an analysis of the benefits of the project as set forth in paragraph (4); and 

‘‘(C) is supported by an acceptable degree of local financial commitment. 

‘‘(4) EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.— 

In making a determination for a small start project under 

paragraph (3)(B), the Secretary shall analyze, evaluate, and 

consider the following evaluation criteria for the project (as 

compared to a no-action alternative): mobility improvements, 

environmental benefits, congestion relief, economic development 

effects associated with the project, policies and land use patterns that support public transportation and cost-effectiveness 

as measured by cost per rider. 

‘‘(5) EVALUATION OF LOCAL FINANCIAL COMMITMENT.—For 

purposes of paragraph (3)(C), the Secretary shall require that 

each proposed local source of capital and operating financing 

is stable, reliable, and available within the proposed project 

timetable. 

‘‘(6) RATINGS.—In carrying out paragraphs (4) and (5) for 

a small start project, the Secretary shall evaluate and rate 

the project on a 5-point scale (high, medium-high, medium, 

medium-low, or low) based on an evaluation of the benefits 

of the project as compared to the Federal assistance to be 

provided and the degree of local financial commitment, as 

required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, 

individual ratings for each of the criteria established by this 

subsection and shall give comparable, but not necessarily equal, 

numerical weight to the benefits that the project will bring 

to the community in calculating the overall project rating. 

‘‘(7) GRANTS AND EXPEDITED GRANT AGREEMENTS.— 

‘‘(A) IN GENERAL.—The Secretary, to the maximum 

extent practicable, shall provide Federal assistance under 

this subsection in a single grant. If the Secretary cannot 

provide such a single grant, the Secretary may execute 

Evaluation. 

Determination. 


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126 STAT. 666 PUBLIC LAW 112–141—JULY 6, 2012 

an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for 

the project in future fiscal years. 

‘‘(B) TERMS OF EXPEDITED GRANT AGREEMENTS.—In executing an expedited grant agreement under this subsection, 

the Secretary may include in the agreement terms similar 

to those established under subsection (k)(2). 

‘‘(C) NOTICE OF PROPOSED GRANTS AND EXPEDITED

GRANT AGREEMENTS.—At least 10 days before making a 

grant award or entering into a grant agreement for a 

project under this subsection, the Secretary shall notify, 

in writing, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the 

House of Representatives and the Committee on Banking, 

Housing, and Urban Affairs and the Committee on Appropriations of the Senate of the proposed grant or expedited 

grant agreement, as well as the evaluations and ratings 

for the project. 

‘‘(i) 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 

Determination. 

Determination. 

Time period. 


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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 

Evaluation. 


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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 (l). 

‘‘(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. 

‘‘(j) 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, 

approved entry into final design, 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. 

‘‘(k) 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 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 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 (i), 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 

(i)(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 


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‘‘(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 

Certification. 


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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 


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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. 

‘‘(l) 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 a fixed guideway project 

or small start project shall not exceed 80 percent of the net 

capital project cost. A grant for a core capacity project shall 

not exceed 80 percent of the net capital project cost of the 

incremental cost of increasing the capacity in the corridor. 

Records. 

Deadline. 

Certification. 


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‘‘(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 (i) 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 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. 

‘‘(8) SPECIAL RULE FOR FIXED GUIDEWAY BUS RAPID TRANSIT

PROJECTS.—For up to three fixed-guideway bus rapid transit 

projects each fiscal year the Secretary shall— 

‘‘(A) establish a Government share of at least 80 percent; and 

‘‘(B) not lower the project’s rating for degree of local 

financial commitment for purposes of subsections 

(d)(2)(A)(v) or (h)(3)(C) as a result of the Government share 

specified in this paragraph. 

‘‘(m) 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— 


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‘‘(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. 

‘‘(n) 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. 

‘‘(o) 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 (i), 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 


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report containing a summary of the results of any studies 

conducted under subsection (k)(2)(E). 

‘‘(3) BIENNIAL GAO REVIEW.—The Comptroller General of 

the United States shall— 

‘‘(A) conduct a biennial review of— 

‘‘(i) the processes and procedures for evaluating, 

rating, and recommending new fixed guideway capital 

projects and 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; 

49 USC 5309 

note. 


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(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. 20009. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES. 

Section 5310 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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, a private nonprofit organization, or an 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 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; 


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‘‘(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) may allocate the amounts 

provided under the grant to— 

‘‘(i) a private 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 private nonprofit organizations readily available in the area 

to provide the services described in paragraph 

(1)(A). 

‘‘(3) ADMINISTRATIVE EXPENSES.—A recipient may use not 

more than 10 percent of the amounts apportioned to the 

recipient under this section to administer, plan, and provide 

technical assistance for a project funded under this section. 

‘‘(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. 


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‘‘(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) RURAL 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 rural areas in each State; bears to 

‘‘(ii) the number of seniors and individuals with 

disabilities in rural 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 rural areas. 


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‘‘(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. 

‘‘(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— 


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‘‘(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, including any transportation activities carried out by a recipient of a grant 

from the Department of Health and Human Services. 

‘‘(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 submit a report to the Committee on 

Banking, Housing, and Urban Affairs of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives making recommendations on the establishment of performance measures for grants under this section. 

Such report shall be developed in consultation with national 

nonprofit organizations that provide technical assistance and 

advocacy on issues related to transportation services for seniors 

and individuals with disabilities. 

Deadline. 

Reports. 


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‘‘(2) MEASURES.—The performance measures to be considered in the report under paragraph (1) shall require the collection of quantitative and qualitative information, as available, 

concerning— 

‘‘(A) modifications to the geographic coverage of 

transportation service, the quality of transportation service, 

or service times that increase the availability of transportation services for seniors and individuals with disabilities; 

‘‘(B) ridership; 

‘‘(C) accessibility improvements; and 

‘‘(D) other measures, as the Secretary determines is 

appropriate.’’. 

SEC. 20010. FORMULA GRANTS FOR RURAL AREAS. 

Section 5311 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 5311. Formula grants for rural 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 rural 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 rural 

areas in the State; 

‘‘(B) public transportation capital projects; 

‘‘(C) operating costs of equipment and facilities for 

use in public transportation; 

‘‘(D) job access and reverse commute projects; and 

‘‘(E) 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 


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‘‘(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 rural 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)(E) 

to make grants and contracts for transportation research, 

technical assistance, training, and related support services 

in rural 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 competitively 

selected 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)(E) 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) $5,000,000 shall be distributed on a competitive 

basis by the Secretary. 

‘‘(B) $25,000,000 shall be apportioned as formula 

grants, as provided in subsection (j). 

‘‘(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)(E) 

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 


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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)(E) 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 rural areas in that State and divided by the 

land area in all rural 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 rural areas in that State and divided by 

the population of all rural 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 rural areas in that 

State and divided by the land area in all rural 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 


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to 29.68 percent of the amount apportioned under 

clause (i), multiplied by the ratio of vehicle revenue 

miles in rural areas in that State and divided by the 

vehicle revenue miles in all rural 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 rural areas 

in that State and divided by the number of low-income 

individuals in all rural 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 a rural area. 

‘‘(e) USE FOR ADMINISTRATION, PLANNING, AND TECHNICAL

ASSISTANCE.—The Secretary may allow a State to use not more 

than 10 percent of the amount apportioned under this section 

to administer this section and provide technical assistance to a 

subrecipient, including project planning, program and management 

development, coordination of public transportation programs, and 

research the State considers appropriate to promote effective 

delivery of public transportation to a rural area. 

‘‘(f) INTERCITY BUS TRANSPORTATION.— 

‘‘(1) IN GENERAL.—A State shall expend at least 15 percent 

of the amount made available in each fiscal year to carry 

out a program to develop and support intercity bus transportation. Eligible activities under the program include— 

‘‘(A) planning and marketing for intercity bus transportation; 

‘‘(B) capital grants for intercity bus facilities; 

‘‘(C) joint-use facilities; 

‘‘(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) 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 


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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; 

‘‘(C) notwithstanding subparagraph (B), may be derived 

from amounts made available to carry out the Federal 

lands highway program established by section 204 of title 

23; and 

‘‘(D) in the case of an intercity bus project that includes 

both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may 

be derived from the costs of a private operator for the 

unsubsidized segment of intercity bus service as an inkind match for the operating costs of connecting rural 

intercity bus feeder service funded under subsection (f), 

if the private operator agrees in writing to the use of 

the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match. 

‘‘(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. 

‘‘(h) 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. 

‘‘(i) RELATIONSHIP TO OTHER LAWS.— 


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‘‘(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. 

‘‘(j) 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 (as defined by the 

Bureau of the Census) on which more than 1,000 lowincome 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, 

Applicability. 


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improves access to employment or healthcare, or otherwise 

addresses the mobility needs of tribal members.’’. 

SEC. 20011. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 

DEPLOYMENT PROJECTS. 

Section 5312 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 5312. Research, development, demonstration, and deployment projects 

‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOY- MENT 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, including Federal laboratories; 

‘‘(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. 

‘‘(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— 


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‘‘(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 


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‘‘(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. 

‘‘(5) LOW OR NO EMISSION VEHICLE DEPLOYMENT.— 

‘‘(A) DEFINITIONS.—In this paragraph, the following 

definitions shall apply: 

‘‘(i) ELIGIBLE AREA.—The term ‘eligible area’ means 

an area that is— 

‘‘(I) designated as a nonattainment area for 

ozone or carbon monoxide under section 107(d) 

of the Clean Air Act (42 U.S.C. 7407(d)); or 

‘‘(II) a maintenance area, as defined in section 

5303, for ozone or carbon monoxide. 

‘‘(ii) ELIGIBLE PROJECT.—The term ‘eligible project’ 

means a project or program of projects in an eligible 

area for— 

‘‘(I) acquiring or leasing low or no emission 

vehicles; 

‘‘(II) constructing or leasing facilities and 

related equipment for low or no emission vehicles; 

‘‘(III) constructing new public transportation 

facilities to accommodate low or no emission 

vehicles; or 

‘‘(IV) rehabilitating or improving existing 

public transportation facilities to accommodate low 

or no emission vehicles. 

‘‘(iii) 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. 

‘‘(iv) LOW OR NO EMISSION BUS.—The term ‘low 

or no emission bus’ means a bus that is a low or 

no emission vehicle. 

‘‘(v) LOW OR NO EMISSION VEHICLE.—The term ‘low 

or no emission vehicle’ means— 

‘‘(I) a passenger vehicle used to provide public 

transportation that the Administrator of the 

Environmental Protection Agency has certified 

sufficiently reduces energy consumption or reduces 

Deadline. 


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harmful emissions, including direct carbon emissions, when compared to a comparable standard 

vehicle; or 

‘‘(II) a zero emission bus used to provide public 

transportation. 

‘‘(vi) RECIPIENT.—The term ‘recipient’ means— 

‘‘(I) 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 

‘‘(II) for an eligible area not described in 

subparagraph (A), the designated recipient for the 

eligible area. 

‘‘(vii) ZERO EMISSION BUS.—The term ‘zero emission 

bus’ means a low or no emission bus that produces 

no carbon or particulate matter. 

‘‘(B) AUTHORITY.—The Secretary may make grants to 

recipients to finance eligible projects under this paragraph. 

‘‘(C) GRANT REQUIREMENTS.— 

‘‘(i) IN GENERAL.—A grant under this paragraph 

shall be subject to the requirements of section 5307. 

‘‘(ii) GOVERNMENT SHARE OF COSTS FOR CERTAIN

PROJECTS.—Section 5323(j) applies to projects carried 

out under this paragraph, unless the grant recipient 

requests a lower grant percentage. 

‘‘(iii) COMBINATION OF FUNDING SOURCES.— 

‘‘(I) COMBINATION PERMITTED.—A project carried out under this paragraph may receive funding 

under section 5307, or any other provision of law. 

‘‘(II) GOVERNMENT SHARE.—Nothing in this 

clause may be construed to alter the Government 

share required under this section, section 5307, 

or any other provision of law. 

‘‘(D) MINIMUM AMOUNTS.—Of amounts made available 

by or appropriated under section 5338(b) in each fiscal 

year to carry out this paragraph— 

‘‘(i) not less than 65 percent shall be made available to fund eligible projects relating to low or no 

emission buses; and 

‘‘(ii) not less than 10 percent shall be made available for eligible projects relating to facilities and 

related equipment for low or no emission buses. 

‘‘(E) COMPETITIVE PROCESS.—The Secretary shall solicit 

grant applications and make grants for eligible projects 

on a competitive basis. 

‘‘(F) PRIORITY CONSIDERATION.—In making grants 

under this paragraph, the Secretary shall give priority 

to projects relating to low or no emission buses that make 

greater reductions in energy consumption and harmful 

emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses. 

‘‘(G) AVAILABILITY OF FUNDS.—Any amounts made 

available or appropriated to carry out this paragraph— 

‘‘(i) shall remain available to an eligible project 

for 2 years after the fiscal year for which the amount 

is made available or appropriated; and 

Applicability. 


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‘‘(ii) that remain unobligated at the end of the 

period described in clause (i) shall be added to the 

amount made available to an eligible project in the 

following fiscal year. 

‘‘(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, the Committee on Science, 

Space, and Technology, 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. 20012. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT. 

Section 5314 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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 voluntary and consensus-based 

standards and best practices by the public transportation 

industry, including standards and best practices for safety, 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 691 

fare collection, Intelligent Transportation Systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle 

propulsion, communications, and vehicle electronics. 

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary, through a 

competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations 

that have the appropriate demonstrated capacity to provide public 

transportation-related technical assistance under this section. The 

Secretary may enter into such contracts, cooperative agreements, 

and other agreements to assist providers of public transportation 

to— 

‘‘(1) comply with the Americans with Disabilities Act of 

1990 (42 U.S.C. 12101 et seq.) through technical assistance, 

demonstration programs, research, public education, and other 

activities related to complying with such Act; 

‘‘(2) comply with human services transportation coordination requirements and to enhance the coordination of Federal 

resources for human services transportation with those of the 

Department of Transportation through technical assistance, 

training, and support services related to complying with such 

requirements; 

‘‘(3) meet the transportation needs of elderly individuals; 

‘‘(4) increase transit ridership in coordination with metropolitan planning organizations and other entities through 

development around public transportation stations through 

technical assistance and the development of tools, guidance, 

and analysis related to market-based development around 

transit stations; 

‘‘(5) address transportation equity with regard to the effect 

that transportation planning, investment and operations have 

for low-income and minority individuals; and 

‘‘(6) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public 

transportation. 

‘‘(c) ANNUAL REPORT ON TECHNICAL ASSISTANCE.—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, the Committee on Science, Space, and Technology, 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 the activities carried out by each 

organization that received assistance under this section during 

the preceding fiscal year; and 

‘‘(3) a proposal for allocations of amounts for assistance 

under this section for the subsequent fiscal year. 

‘‘(d) GOVERNMENT SHARE OF COSTS.— ‘‘(1) IN GENERAL.—The Government share of the cost of 

an activity carried out using a grant under this section may 

not exceed 80 percent. 

‘‘(2) NON-GOVERNMENT SHARE.—The non-Government share 

of the cost of an activity carried out using a grant under 

this section may be derived from in-kind contributions.’’. 


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126 STAT. 692 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 20013. PRIVATE SECTOR PARTICIPATION. 

(a) IN GENERAL.—Section 5315 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 5315. Private sector participation 

‘‘(a) GENERAL PURPOSES.—In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary 

shall— 

‘‘(1) better coordinate public and private sector-provided 

public transportation services; 

‘‘(2) promote more effective utilization of private sector 

expertise, financing, and operational capacity to deliver costly 

and complex new fixed guideway capital projects; and 

‘‘(3) promote transparency and public understanding of 

public-private partnerships affecting public transportation. 

‘‘(b) ACTIONS TO PROMOTE BETTER COORDINATION BETWEEN

PUBLIC AND PRIVATE SECTOR PROVIDERS OF PUBLIC TRANSPORTATION.—The Secretary shall— 

‘‘(1) provide technical assistance to recipients of Federal 

transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public 

transportation; and 

‘‘(2) educate recipients of Federal transit grant assistance 

on laws and regulations under this chapter that impact private 

providers of public transportation. 

‘‘(c) ACTIONS TO PROVIDE TECHNICAL ASSISTANCE FOR ALTERNATIVE PROJECT DELIVERY METHODS.—Upon request by a sponsor 

of a new fixed guideway capital project, the Secretary shall— 

‘‘(1) identify best practices for public-private partnerships 

models in the United States and in other countries; 

‘‘(2) develop standard public-private partnership transaction model contracts; and 

‘‘(3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private 

partnership transaction.’’. 

(b) PUBLIC-PRIVATE PARTNERSHIP PROCEDURES AND

APPROACHES.— 

(1) IDENTIFY IMPEDIMENTS.—The Secretary shall— 

(A) except as provided in paragraph (6), identify any 

provisions of chapter 53 of title 49, United States Code, 

and any regulations or practices thereunder, that impede 

greater use of public-private partnerships and private 

investment in public transportation capital projects; and 

(B) develop and implement on a project basis procedures and approaches that— 

(i) address such impediments in a manner similar 

to the Special Experimental Project Number 15 of the 

Federal Highway Administration (commonly referred 

to as ‘‘SEP-15’’); and 

(ii) protect the public interest and any public 

investment in public transportation capital projects 

that involve public-private partnerships or private 

investment in public transportation capital projects. 

(2) TRANSPARENCY.—The Secretary shall develop guidance 

to promote greater transparency and public access to publicprivate partnership agreements involving recipients of Federal 

Guidance. 

49 USC 5315 

note. 


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assistance under chapter 53 of title 49, United States Code, 

including— 

(A) any conflict of interest involving any party involved 

in the public-private partnership; 

(B) tax and financing aspects related to a public-private 

partnership agreement; 

(C) changes in the workforce and wages, benefits, or 

rules as a result of a public-private partnership; 

(D) estimates of the revenue or savings the publicprivate partnership will produce for the private entity and 

public entity; 

(E) any impacts on other developments and transportation modes as a result of non-compete clauses contained 

in public-private partnership agreements; and 

(F) any other issues the Secretary believes will increase 

transparency of public-private partnership agreements and 

protect the public interest. 

(3) ASSESSMENT.—In developing and implementing the 

guidance under paragraph (2), the Secretary shall encourage 

project sponsors to conduct assessments to determine whether 

use of a public-private partnership represents a better public 

and financial benefit than a similar transaction using public 

funding or public project delivery. 

(4) REPORT.—Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a 

report on the status of the procedures, approaches, and guidance developed and implemented under paragraphs (1) and 

(2). 

(5) RULEMAKING.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall issue rules to 

carry out the procedures and approaches developed under paragraph (1). 

(6) RULE OF CONSTRUCTION.—Nothing in this subsection 

may be construed to allow the Secretary to waive any requirement under— 

(A) section 5333 of title 49, United States Code; 

(B) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); or 

(C) any other provision of Federal law. 

(c) CONTRACTING OUT STUDY.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Comptroller General of the United 

States shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate 

a comprehensive report on the effect of contracting out public 

transportation operations and administrative functions on cost, 

availability and level of service, efficiency, and quality of 

service. 

(2) CONSIDERATIONS.—In developing the report, the Comptroller General shall consider— 

(A) the number of grant recipients that have contracted 

out services and the types of public transportation services 

that are performed under contract, including paratransit 

service, fixed route bus service, commuter rail operations, 

and administrative functions; 

Deadline. 

Reports. 

Deadline. 


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126 STAT. 694 PUBLIC LAW 112–141—JULY 6, 2012 

(B) the size of the populations served by such grant 

recipients; 

(C) the basis for decisions regarding contracting out 

such services; 

(D) comparative costs of providing service under contract to providing the same service through public transit 

agency employees, using to the greatest extent possible 

a standard cost allocation model; 

(E) the extent of unionization among privately contracted employees; 

(F) the impact to wages and benefits of employees 

when publicly provided public transportation services are 

contracted out to a private for-profit entity; 

(G) the level of transparency and public access to agreements and contracts related to contracted out public 

transportation services; 

(H) the extent of Federal law, regulations and guidance 

prohibiting any conflicts of interest for contractor 

employees and businesses; 

(I) the extent to which grant recipients evaluate contracted out services before selecting them and the extent 

to which grant recipients conduct oversight of those services; and 

(J) barriers to contracting out public transportation 

operations and administrative functions. 

(d) GUIDANCE ON DOCUMENTING COMPLIANCE.—Not later than 

1 year after the date of enactment of this Act, the Secretary shall 

publish in the Federal Register policy guidance regarding how 

to best document compliance by recipients of Federal assistance 

under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise participation in public transportation planning and transportation improvement programs under 

sections 5303(i)(6), 5306(a), and 5307(c) of such title 49. 

SEC. 20014. BUS TESTING FACILITIES. 

Section 5318 of title 49, United States Code, is amended by 

striking subsection (e) and inserting the following: 

‘‘(e) ACQUIRING NEW BUS MODELS.— 

‘‘(1) IN GENERAL.—Amounts appropriated or otherwise 

made available under this chapter may be obligated or 

expended to acquire a new bus model only if— 

‘‘(A) a bus of that model has been tested at a facility 

authorized under subsection (a); and 

‘‘(B) the bus tested under subparagraph (A) met— 

‘‘(i) performance standards for maintainability, 

reliability, performance (including braking performance), structural integrity, fuel economy, emissions, 

and noise, as established by the Secretary by rule; 

and 

‘‘(ii) the minimum safety performance standards 

established by the Secretary pursuant to section 

5329(b). 

‘‘(2) BUS TEST ‘PASS/FAIL’ STANDARD.—Not later than 2 years 

after the date of enactment of the Federal Public Transportation 

Act of 2012, the Secretary shall issue a final rule under 

subparagraph (B)(i). The final rule issued under paragraph 

(B)(i) shall include a bus model scoring system that results 

Deadline. 

Regulations. 

Deadline. 

Federal Register, 

publication. 

49 USC 5303 

note. 


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in a weighted, aggregate score that uses the testing categories 

under subsection (a) and considers the relative importance of 

each such testing category. The final rule issued under subparagraph (B)(i) shall establish a ‘pass/fail’ standard that uses the 

aggregate score described in the preceding sentence. Amounts 

appropriated or otherwise made available under this chapter 

may be obligated or expended to acquire a new bus model 

only if the new bus model has received a passing aggregate 

test score. The Secretary shall work with the bus testing 

facility, bus manufacturers, and transit agencies to develop 

the bus model scoring system under this paragraph. A passing 

aggregate test score under the rule issued under subparagraph 

(B)(i) indicates only that amounts appropriated or made available under this chapter may be obligated or expended to acquire 

a new bus model and shall not be interpreted as a warranty 

or guarantee that the new bus model will meet a purchaser’s 

specific requirements.’’. 

SEC. 20015. HUMAN RESOURCES AND TRAINING. 

Section 5322 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 5322. Human resources and training 

‘‘(a) IN GENERAL.—The Secretary may undertake, or make 

grants and contracts for, programs that address human resource 

needs as they apply to public transportation activities. A program 

may include— 

‘‘(1) an employment training program; 

‘‘(2) an outreach program to increase minority and female 

employment in public transportation activities; 

‘‘(3) research on public transportation personnel and 

training needs; and 

‘‘(4) training and assistance for minority business 

opportunities. 

‘‘(b) 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 

Grants. 


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‘‘(H) address current or projected workforce shortages 

in areas that require technical expertise. 

‘‘(c) GOVERNMENT’S SHARE OF COSTS.—The Government share 

of the cost of a project carried out using a grant under subsection 

(a) or (b) shall be 50 percent. 

‘‘(d) NATIONAL TRANSIT INSTITUTE.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 

national transit institute and award grants to a public 4-year 

degree-granting institution of higher education, as defined in 

section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a)), in order to carry out the duties of the institute. 

‘‘(2) DUTIES.— ‘‘(A) IN GENERAL.—In cooperation with the Federal 

Transit Administration, State transportation departments, 

public transportation authorities, and national and international entities, the institute established under paragraph 

(1) shall develop and conduct training and educational 

programs for Federal, State, and local transportation 

employees, United States citizens, and foreign nationals 

engaged or to be engaged in Government-aid public 

transportation work. 

‘‘(B) TRAINING AND EDUCATIONAL PROGRAMS.—The 

training and educational programs developed under 

subparagraph (A) may include courses in recent developments, techniques, and procedures related to— 

‘‘(i) intermodal and public transportation planning; 

‘‘(ii) management; 

‘‘(iii) environmental factors; 

‘‘(iv) acquisition and joint use rights-of-way; 

‘‘(v) engineering and architectural design; 

‘‘(vi) procurement strategies for public transportation systems; 

‘‘(vii) turnkey approaches to delivering public 

transportation systems; 

‘‘(viii) new technologies; 

‘‘(ix) emission reduction technologies; 

‘‘(x) ways to make public transportation accessible 

to individuals with disabilities; 

‘‘(xi) construction, construction management, 

insurance, and risk management; 

‘‘(xii) maintenance; 

‘‘(xiii) contract administration; 

‘‘(xiv) inspection; 

‘‘(xv) innovative finance; 

‘‘(xvi) workplace safety; and 

‘‘(xvii) public transportation security. 

‘‘(3) PROVIDING EDUCATION AND TRAINING.—Education and 

training of Government, State, and local transportation 

employees under this subsection shall be provided— 

‘‘(A) by the Secretary at no cost to the States and 

local governments for subjects that are a Government program responsibility; or 

‘‘(B) when the education and training are paid under 

paragraph (4) of this subsection, by the State, with the 

approval of the Secretary, through grants and contracts 

with public and private agencies, other institutions, individuals, and the institute. 


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‘‘(4) AVAILABILITY OF AMOUNTS.—Not more than .5 percent 

of the amounts made available for a fiscal year beginning 

after September 30, 1991, to a State or public transportation 

authority in the State to carry out sections 5307 and 5309 

of this title is available for expenditure by the State and public 

transportation authorities in the State, with the approval of 

the Secretary, to pay not more than 80 percent of the cost 

of tuition and direct educational expenses related to educating 

and training State and local transportation employees under 

this subsection. 

‘‘(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 

subsections (a) and (b).’’. 

SEC. 20016. GENERAL PROVISIONS. 

Section 5323 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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, 5304, and 5306; 

‘‘(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.—The Secretary shall 

cooperate and consult with the Secretary of the Interior and 

the Administrator of the Environmental Protection Agency on 

Applicability. 

Determinations. 


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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) 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. 

‘‘(e) 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 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. 

‘‘(f) SCHOOLBUS TRANSPORTATION.— 

Applicability. 


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‘‘(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. 

‘‘(g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and 

(f) of this section apply to financial assistance to buy a bus under 

sections 133 and 142 of title 23. 

‘‘(h) 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. 

‘‘(i) GOVERNMENT SHARE OF COSTS FOR CERTAIN PROJECTS.— 

‘‘(1) ACQUIRING VEHICLES AND VEHICLE-RELATED EQUIPMENT

OR FACILITIES.— 

‘‘(A) VEHICLES.—A grant for a project to be assisted 

under this chapter that involves acquiring vehicles for purposes of complying with or maintaining compliance with 

the Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.) or the Clean Air Act is for 85 percent 

of the net project cost. 

‘‘(B) VEHICLE-RELATED EQUIPMENT OR FACILITIES.—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 vehiclerelated 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. 

‘‘(2) COSTS INCURRED BY PROVIDERS OF PUBLIC TRANSPORTATION BY VANPOOL.— 

‘‘(A) LOCAL MATCHING SHARE.—The local matching 

share provided by a recipient of assistance for a capital 

project under this chapter may include any amounts 

expended by a provider of public transportation by vanpool 

Applicability. 


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126 STAT. 700 PUBLIC LAW 112–141—JULY 6, 2012 

for the acquisition of rolling stock to be used by such 

provider in the recipient’s service area, excluding any 

amounts the provider may have received in Federal, State, 

or local government assistance for such acquisition. 

‘‘(B) USE OF REVENUES.—A private provider of public 

transportation by vanpool may use revenues it receives 

in the provision of public transportation service in the 

service area of a recipient of assistance under this chapter 

that are in excess of the provider’s operating costs for 

the purpose of acquiring rolling stock, if the private provider enters into a legally binding agreement with the 

recipient that requires the provider to use the rolling stock 

in the recipient’s service area. 

‘‘(C) DEFINITIONS.—In this paragraph, the following 

definitions apply: 

‘‘(i) PRIVATE PROVIDER OF PUBLIC TRANSPORTATION

BY VANPOOL.—The term ‘private provider of public 

transportation by vanpool’ means a private entity providing vanpool services in the service area of a recipient 

of assistance under this chapter using a commuter 

highway vehicle or vanpool vehicle. 

‘‘(ii) COMMUTER HIGHWAY VEHICLE; VANPOOL

VEHICLE.—The term ‘commuter highway vehicle or vanpool vehicle’ means any vehicle— 

‘‘(I) the seating capacity of which is at least 

6 adults (not including the driver); and 

‘‘(II) at least 80 percent of the mileage use 

of which can be reasonably expected to be for 

the purposes of transporting commuters in connection with travel between their residences and their 

place of employment. 

‘‘(j) 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— 


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‘‘(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 Stateimposed 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 

Public 

information. 

Federal Register, 

publication. 

Public 

information. 

Web posting. 


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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. 

‘‘(k) 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. 

‘‘(l) 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. 

‘‘(m) 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 (j) 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 rural 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 postdelivery purchaser’s requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations. 

‘‘(n) 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). 

‘‘(o) GRANT REQUIREMENTS.—The grant requirements under sections 5307, 5309, and 5337 apply to any project under this chapter 

Applicability. 

Regulations. 

Applicability. 


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that receives any assistance or other financing under chapter 6 

(other than section 609) of title 23. 

‘‘(p) 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. 

‘‘(q) 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. 

‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPORTATION FACILITIES.—A recipient of assistance under this chapter may not deny 

reasonable access for a private intercity or charter transportation 

operator to federally funded public transportation facilities, 

including intermodal facilities, park and ride lots, and bus-only 

highway lanes. In determining reasonable access, capacity requirements of the recipient of assistance and the extent to which access 

would be detrimental to existing public transportation services must 

be considered.’’. 

SEC. 20017. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM. 

(a) IN GENERAL.—Section 5324 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 5324. 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 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— 


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‘‘(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.—The Secretary may make grants 

and enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the 

Government) for— 

‘‘(1) 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; and 

‘‘(2) 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 under 

this chapter. 

‘‘(2) NO EFFECT ON OTHER GOVERNMENT ACTIVITY.—The 

provision of funds under this section shall not affect the ability 

of any other agency of the Government, including the Federal 

Emergency Management Agency, or a State agency, a local 

governmental entity, organization, or person, to provide any 

other funds otherwise authorized by law. 

‘‘(3) 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) GRANT REQUIREMENTS.—A grant awarded under this section or under section 5307 or 5311 that is made to address an 

emergency defined under subsection (a)(2) shall be— 

‘‘(1) subject to the terms and conditions the Secretary determines are necessary; and 

‘‘(2) made only for expenses that are not reimbursed under 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

‘‘(e) 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— 

Time periods. 


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‘‘(A) paragraph (2); or 

‘‘(B) section 5307 or 5311, in the case of a grant made 

available under section 5307 or 5311, respectively, to 

address an emergency.’’. 

(b) MEMORANDUM OF AGREEMENT.— 

(1) PURPOSES.—The purposes of this subsection are— 

(A) to improve coordination between the Department 

of Transportation and the Department of Homeland Security; and 

(B) to expedite the provision of Federal assistance for 

public transportation systems for activities relating to a 

major disaster or emergency declared by the President 

under the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.) (referred to in 

this subsection as a ‘‘major disaster or emergency’’). 

(2) AGREEMENT.—Not later than 180 days after the date 

of enactment of this Act, the Secretary of Transportation and 

the Secretary of Homeland Security shall enter into a memorandum of agreement to coordinate the roles and responsibilities of the Department of Transportation and the Department 

of Homeland Security in providing assistance for public 

transportation, including the provision of public transportation 

services and the repair and restoration of public transportation 

systems in areas for which the President has declared a major 

disaster or emergency. 

(3) CONTENTS OF AGREEMENT.—The memorandum of agreement required under paragraph (2) shall— 

(A) provide for improved coordination and expeditious 

use of public transportation, as appropriate, in response 

to and recovery from a major disaster or emergency; 

(B) establish procedures to address— 

(i) issues that have contributed to delays in the 

reimbursement of eligible transportation-related 

expenses relating to a major disaster or emergency; 

(ii) any challenges identified in the review under 

paragraph (4); and 

(iii) the coordination of assistance for public 

transportation provided under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended 

by this Act, as appropriate; and 

(C) provide for the development and distribution of 

clear guidelines for State, local, and tribal governments, 

including public transportation systems, relating to— 

(i) assistance available for public transportation 

systems for activities relating to a major disaster or 

emergency— 

(I) under the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act; 

(II) under section 5324 of title 49, United 

States Code, as amended by this Act; and 

(III) from other sources, including other Federal agencies; and 

(ii) reimbursement procedures that speed the 

process of— 

Deadline. 

49 USC 5324 

note. 


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(I) applying for assistance under the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States 

Code, as amended by this Act; and 

(II) distributing assistance for public transportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and 

section 5324 of title 49, United States Code, as 

amended by this Act. 

(4) AFTER ACTION REVIEW.—Before entering into a memorandum of agreement under paragraph (2), the Secretary of 

Transportation and the Secretary of Homeland Security (acting 

through the Administrator of the Federal Emergency Management Agency), in consultation with State, local, and tribal 

governments (including public transportation systems) that 

have experienced a major disaster or emergency, shall review 

after action reports relating to major disasters, emergencies, 

and exercises, to identify areas where coordination between 

the Department of Transportation and the Department of 

Homeland Security and the provision of public transportation 

services should be improved. 

(5) FACTORS FOR DECLARATIONS OF MAJOR DISASTERS AND

EMERGENCIES.—The Administrator of the Federal Emergency 

Management Agency shall make available to State, local, and 

tribal governments, including public transportation systems, 

a description of the factors that the President considers in 

declaring a major disaster or emergency, including any predisaster emergency declaration policies. 

(6) BRIEFINGS.— 

(A) INITIAL BRIEFING.—Not later than 180 days after 

the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall jointly 

brief the Committee on Banking, Housing, and Urban 

Affairs and the Committee on Homeland Security and 

Governmental Affairs of the Senate on the memorandum 

of agreement required under paragraph (2). 

(B) QUARTERLY BRIEFINGS.—Each quarter of the 1-year 

period beginning on the date on which the Secretary of 

Transportation and the Secretary of Homeland Security 

enter into the memorandum of agreement required under 

paragraph (2), the Secretary of Transportation and the 

Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the 

Committee on Homeland Security and Governmental 

Affairs of the Senate on the implementation of the memorandum of agreement. 

SEC. 20018. CONTRACT REQUIREMENTS. 

Section 5325 of title 49, United States Code, is amended— 

(1) in subsection (e), by striking paragraph (1) and inserting 

the following: 

‘‘(1) CONTRACTS.—A recipient procuring rolling stock with 

Government financial assistance under this chapter may make 

a multiyear contract to buy the rolling stock and replacement 

parts under which the recipient has an option to buy additional 

rolling stock or replacement parts for— 

Deadline. 


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‘‘(A) not more than 5 years after the date of the original 

contract for bus procurements; and 

‘‘(B) not more than 7 years after the date of the original 

contract for rail procurements, provided that such option 

does not allow for significant changes or alterations to 

the rolling stock.’’. 

(2) in subsection (h), by striking ‘‘Federal Public Transportation Act of 2005’’ and inserting ‘‘Federal Public Transportation 

Act of 2012’’; 

(3) in subsection (j)(2)(C), by striking ‘‘, including the 

performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2)’’; and 

(4) 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 the extent practicable, to veterans 

(as defined in section 2108 of title 5) who have the requisite skills 

and abilities to perform the construction work required under the 

contract. This subsection shall not be understood, construed or 

enforced in any manner that would require an employer to give 

a preference to any veteran over any equally qualified applicant 

who is a member of any racial or ethnic minority, female, an 

individual with a disability, or a former employee.’’. 

SEC. 20019. TRANSIT ASSET MANAGEMENT. 

Section 5326 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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; 


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‘‘(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 designated 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 designated 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: 

Deadline. 

Deadlines. 

Regulations. 


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‘‘(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(i) 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(i)’’; 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: 

‘‘§ 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 


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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 Secretary to carry out this subsection, each recipient or State, as described in paragraph 

(3), shall certify that the recipient or State 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. 

‘‘(3) PUBLIC TRANSPORTATION AGENCY SAFETY PLAN

DRAFTING AND CERTIFICATION.— 

‘‘(A) SECTION 5311.—For a recipient receiving assistance 

under section 5311, a State safety plan may be drafted 

and certified by the recipient or a State. 

‘‘(B) SECTION 5307.—Not later than 120 days after the 

date of enactment of the Federal Public Transportation 

Act of 2012, the Secretary shall issue a rule designating 

recipients of assistance under section 5307 that are small 

public transportation providers or systems that may have 

their State safety plans drafted or certified by a State. 

‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— 

Deadline. 

Regulations. 

Effective date. 

Certification. 

Deadline. 


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‘‘(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 and relevant State 

laws 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 financially and legally independent from any 

public transportation entity that the State safety oversight agency oversees; 

‘‘(ii) does not directly provide public transportation 

services in an area with a rail fixed guideway public 

transportation system subject to the requirements of 

this section; 

‘‘(iii) does not employ any individual who is also 

responsible for the administration of rail fixed guideway public transportation programs subject to the 

requirements of this section; 

‘‘(iv) 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); 

Determination. 

Effective date. 


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‘‘(v) has investigative and enforcement authority 

with respect to the safety of rail fixed guideway public 

transportation systems of the eligible State; 

‘‘(vi) 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 

‘‘(vii) 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) 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. 

‘‘(6) GRANTS.— 

‘‘(A) IN GENERAL.—The Secretary shall make grants 

to eligible States to develop or carry out State safety oversight programs under this subsection. Grant funds may 

be used for program operational and administrative 

expenses, including employee training activities. 

‘‘(B) APPORTIONMENT.— 

‘‘(i) FORMULA.—The amount made available for 

State safety oversight under section 5336(h) shall be 

apportioned among eligible States under a formula 

to be established by the Secretary. Such formula shall 

take into account fixed guideway vehicle revenue miles, 

Deadline. 

Reports. 

Audits. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 713 

fixed guideway route miles, and fixed guideway vehicle 

passenger miles attributable to all rail fixed guideway 

systems not subject to regulation by the Federal Railroad Administration within each eligible State. 

‘‘(ii) ADMINISTRATIVE REQUIREMENTS.—Grant funds 

apportioned to States under this paragraph shall be 

subject to uniform administrative requirements for 

grants and cooperative agreements to State and local 

governments under part 18 of title 49, Code of Federal 

Regulations, and shall be subject to the requirements 

of this chapter as the Secretary determines appropriate. 

‘‘(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.—Recipients of 

funds made available to carry out sections 5307 and 

5311 may use not more than 0.5 percent of their formula funds to pay not more than 80 percent of the 

cost 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. 

‘‘(7) CERTIFICATION PROCESS.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of the Federal Public Transportation 

Act of 2012, the Secretary shall determine whether or 

not each 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. 

‘‘(B) ISSUANCE OF CERTIFICATIONS AND DENIALS.—The 

Secretary shall issue a certification to each eligible State 

that the Secretary determines under subparagraph (A) adequately meets the requirements of this subsection, and 

shall issue a denial of certification to each eligible State 

that the Secretary determines under subparagraph (A) does 

not adequately meet the requirements of this subsection. 

Deadline. 

Determination. 


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‘‘(C) DISAPPROVAL.—If the Secretary determines that 

a State safety oversight program does not meet the requirements of this subsection and denies certification, 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. 

‘‘(D) FAILURE TO CORRECT.—If the Secretary determines 

that a modification by an eligible State of the State safety 

oversight program is not sufficient to certify the program, 

the Secretary— 

‘‘(i) shall notify the Governor of the eligible State 

of such denial of certification and failure to adequately 

modify the program, and shall request that the Governor take all possible actions to correct deficiencies 

in the program to ensure the certification of the program; and 

‘‘(ii) may— 

‘‘(I) withhold funds available under paragraph 

(6) in an amount determined by the Secretary; 

‘‘(II) withhold not more than 5 percent of the 

amount required to be appropriated for use in 

a State or urbanized area in the State under section 5307 of this title, until the State safety oversight program has been certified; or 

‘‘(III) require fixed guideway public transportation systems under such State safety oversight 

program to provide up to 100 percent of Federal 

assistance made available under this chapter only 

for safety-related improvements on such systems, 

until the State safety oversight program has been 

certified. 

‘‘(8) EVALUATION OF PROGRAM AND ANNUAL REPORT.—The 

Secretary shall continually evaluate the implementation of a 

State safety oversight program by a State safety oversight 

agency, and shall submit on or before July 1 of each year 

to the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on— 

‘‘(A) the amount of funds apportioned to each eligible 

State; and 

‘‘(B) the certification status of each State safety oversight program, including what steps a State program that 

has been denied certification must take in order to be 

certified. 

‘‘(9) 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; 

Regulations. 

Audits. 

Notification. 

Notification. 


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‘‘(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 an eligible State, as defined 

in subsection (e), 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; 

and 

‘‘(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. 

‘‘(2) USE OR WITHHOLDING OF FUNDS.— 

‘‘(A) IN GENERAL.—The Secretary may require the use 

of funds in accordance with paragraph (1)(D) 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, the Secretary shall provide to the recipient— 

‘‘(i) written notice of a violation and the amount 

proposed to be withheld; and 

Time period. 

Determination. 


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‘‘(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. 

‘‘(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 SECU- RITY.—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) ACTIONS UNDER STATE LAW.— 

‘‘(1) 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— 

‘‘(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; 

or 

‘‘(B) its own program, rule, or standard that it created 

pursuant to a rule or order issued by the Secretary. 

‘‘(2) EFFECTIVE DATE.—This subsection 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. 

‘‘(3) 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) NATIONAL PUBLIC TRANSPORTATION SAFETY REPORT.—Not 

later than 3 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 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— 

Deadline. 

Reports. 

Applicability. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 717 

(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 of title 49, United States Code, is amended by 

striking subsection (g) and inserting the following: 

‘‘(g) CONDITIONS ON FEDERAL ASSISTANCE.— ‘‘(1) INELIGIBILITY FOR ASSISTANCE.—A person that receives 

funds under this chapter is not eligible for financial assistance 

under section 5307, 5309, or 5311 of this title if the person 

is required, under regulations the Secretary prescribes under 

this section, to establish a program of alcohol and controlled 

substances testing and does not establish the program in 

accordance with this section. 

‘‘(2) ADDITIONAL REMEDIES.—If the Secretary determines 

that a person that receives funds under this chapter is not 

in compliance with regulations prescribed under this section, 

the Secretary may bar the person from receiving Federal transit 

assistance in an amount the Secretary considers appropriate.’’. 

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; 

Regulations. 


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126 STAT. 718 PUBLIC LAW 112–141—JULY 6, 2012 

(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. 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 as described in section 5329,’’; 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. 20025. NATIONAL TRANSIT DATABASE. 

(a) AMENDMENTS.—Section 5335 of title 49, United States Code, 

is amended— 

(1) in subsection (a), by striking ‘‘public transportation 

financial and operating information’’ and inserting ‘‘public 

transportation financial, operating, and asset condition information’’; and 

(2) 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 a transit 

asset inventory or condition assessment conducted by the recipient.’’. 

(b) DATA ACCURACY AND RELIABILITY.—The Secretary shall— 

(1) develop and implement appropriate internal control 

activities to ensure that public transportation safety incident 

data is reported accurately and reliably by public transportation 

systems and State safety oversight agencies to the State Safety 

Oversight Rail Accident Database; and 

(2) report to the Committee on Banking, Housing, and 

Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives 

within 1 year of enactment of the Federal Public Transportation 

Act of 2012 on the steps taken to improve the accuracy and 

reliability of public transportation safety incident data reported 

to the State Safety Oversight Rail Accident Database. 

Reports. 

Deadline. 

49 USC 5335 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 719 

SEC. 20026. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA 

GRANTS. 

Section 5336 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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 


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126 STAT. 720 PUBLIC LAW 112–141—JULY 6, 2012 

vehicle passenger 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. 

‘‘(E) For purposes of subparagraph (A) and section 

5337(c)(3), the Secretary shall deem to be attributable to an 

urbanized area not less than 22.27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route 

miles in the public transportation system of a recipient that 

are located outside the urbanized area for which the recipient 

receives funds, in addition to the fixed guideway vehicle revenue 

miles or fixed guideway directional route miles of the recipient 

that are located inside the urbanized area. 

‘‘(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 


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‘‘(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 

Consultation. 

Publication. 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 722 PUBLIC LAW 112–141—JULY 6, 2012 

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) $30,000,000 shall be set aside to carry out section 

5307(h); 

‘‘(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), 1.5 percent shall be apportioned to urbanized areas with 

populations of less than 200,000 in accordance with subsection 

(i); 

‘‘(4) 0.5 percent shall be apportioned to eligible States for 

State safety oversight program grants in accordance with section 5329(e)(6); and 

‘‘(5) any amount not apportioned under paragraphs (1), 

(2), (3), and (4) 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. 

Deadline. 

Applicability. 

Time period. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 723 

‘‘(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. 20027. STATE OF GOOD REPAIR GRANTS. 

Section 5337 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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— 

‘‘(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. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 724 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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)(I), 97.15 percent 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. 

Definition. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 725 

‘‘(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 

subsection 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 2013.—In fiscal 

year 2013, the share of the total amount apportioned under 

this subsection 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 subsection 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 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 726 PUBLIC LAW 112–141—JULY 6, 2012 

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) HIGH INTENSITY MOTORBUS STATE OF GOOD REPAIR.— 

‘‘(1) DEFINITION.—For purposes of this subsection, the term 

‘high intensity 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)(I), 2.85 percent 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.—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 high 

intensity motorbus vehicle revenue miles attributable to 

the area, as established by the Secretary, divided by the 

total number of all high intensity 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 high intensity motorbus directional route miles attributable to the area, as established by the Secretary, divided 

by the total number of all high intensity motorbus directional route miles attributable to all areas. 

‘‘(4) APPORTIONMENT REQUIREMENTS.—For purposes of 

determining the number of high intensity motorbus vehicle 

revenue miles or high intensity motorbus directional route miles 

attributable to an urbanized area for a fiscal year under this 

subsection, only segments of high intensity 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. 20028. AUTHORIZATIONS. 

Section 5338 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 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, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, 

and 5340, and section 20005(b) of the Federal Public Transportation Act of 2012, $8,478,000,000 for fiscal year 2013 and 

$8,595,000,000 for fiscal year 2014. 

‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)— 

‘‘(A) $126,900,000 for fiscal year 2013 and $128,800,000 

for fiscal year 2014 shall be available to carry out section 

5305; 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 727 

‘‘(B) $10,000,000 for each of fiscal years 2013 and 2014 

shall be available to carry out section 20005(b) of the 

Federal Public Transportation Act of 2012; ‘‘(C) $4,397,950,000 for fiscal year 2013 and 

$4,458,650,000 for fiscal year 2014 shall be allocated in 

accordance with section 5336 to provide financial assistance 

for urbanized areas under section 5307; 

‘‘(D) $254,800,000 for fiscal year 2013 and $258,300,000 

for fiscal year 2014 shall be available to provide financial 

assistance for services for the enhanced mobility of seniors 

and individuals with disabilities under section 5310; 

‘‘(E) $599,500,000 for fiscal year 2013 and $607,800,000 

for fiscal year 2014 shall be available to provide financial 

assistance for rural areas under section 5311, of which 

not less than $30,000,000 for fiscal year 2013 and 

$30,000,000 for fiscal year 2014 shall be available to carry 

out section 5311(c)(1) and $20,000,000 for fiscal year 2013 

and $20,000,000 for fiscal year 2014 shall be available 

to carry out section 5311(c)(2); 

‘‘(F) $3,000,000 for each of fiscal years 2013 and 2014 

shall be available for bus testing under section 5318; 

‘‘(G) $5,000,000 for each of fiscal years 2013 and 2014 

shall be available for the national transit institute under 

section 5322(d); 

‘‘(H) $3,850,000 for each of fiscal years 2013 and 2014 

shall be available to carry out section 5335; 

‘‘(I) $2,136,300,000 for fiscal year 2013 and 

$2,165,900,000 for fiscal year 2014 shall be available to 

carry out section 5337; 

‘‘(J) $422,000,000 for fiscal year 2013 and $427,800,000 

for fiscal year 2014 shall be available for the bus and 

bus facilities program under section 5339; and 

‘‘(K) $518,700,000 for fiscal year 2013 and $525,900,000 

for fiscal year 2014 shall be allocated in accordance with 

section 5340 to provide financial assistance for urbanized 

areas under section 5307 and rural areas under section 

5311. 

‘‘(b) RESEARCH, DEVELOPMENT DEMONSTRATION AND DEPLOYMENT PROJECTS.—There are authorized to be appropriated to carry 

out section 5312, $70,000,000 for fiscal year 2013 and $70,000,000 

for fiscal year 2014. 

‘‘(c) TRANSIT COOPERATIVE RESEARCH PROGRAM.—There are 

authorized to be appropriated to carry out section 5313, $7,000,000 

for fiscal year 2013 and $7,000,000 for fiscal year 2014. 

‘‘(d) TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.— 

There are authorized to be appropriated to carry out section 5314, 

$7,000,000 for fiscal year 2013 and $7,000,000 for fiscal year 2014. 

‘‘(e) HUMAN RESOURCES AND TRAINING.—There are authorized 

to be appropriated to carry out subsections (a), (b), (c), and (e) 

of section 5322, $5,000,000 for fiscal year 2013 and $5,000,000 

for fiscal year 2014. 

‘‘(f) EMERGENCY RELIEF PROGRAM.—There are authorized to 

be appropriated such sums as are necessary to carry out section 

5324. 

‘‘(g) CAPITAL INVESTMENT GRANTS.—There are authorized to 

be appropriated to carry out section 5309, $1,907,000,000 for fiscal 

year 2013 and $1,907,000,000 for fiscal year 2014. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 728 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(h) ADMINISTRATION.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to carry out section 5334, $104,000,000 for fiscal year 2013 

and $104,000,000 for fiscal year 2014. 

‘‘(2) SECTION 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 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. 

‘‘(i) 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) 0.75 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. 

‘‘(j) 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. 

Contracts. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 729 

‘‘(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. 

‘‘(k) AVAILABILITY OF AMOUNTS.—Amounts made available by 

or appropriated under this section shall remain available until 

expended.’’. 

SEC. 20029. BUS AND BUS FACILITIES FORMULA GRANTS. 

(a) IN GENERAL.—Section 5339 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 5339. Bus and bus facilities formula grants 

‘‘(a) GENERAL AUTHORITY.—The Secretary may make grants 

under this section to assist eligible recipients described in subsection 

(c)(1) in financing capital projects— 

‘‘(1) to replace, rehabilitate, and purchase buses and related 

equipment; and 

‘‘(2) to construct bus-related facilities. 

‘‘(b) GRANT REQUIREMENTS.—The requirements of section 5307 

apply to recipients of grants made under this section. 

‘‘(c) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.— 

‘‘(1) RECIPIENTS.—Eligible recipients under this section are 

designated recipients that operate fixed route bus service or 

that allocate funding to fixed route bus operators. 

‘‘(2) SUBRECIPIENTS.—A designated recipient that receives 

a grant under this section may allocate amounts of the grant 

to subrecipients that are public agencies or private nonprofit 

organizations engaged in public transportation. 

‘‘(d) DISTRIBUTION OF GRANT FUNDS.—Funds allocated under 

section 5338(a)(2)(J) shall be distributed as follows: 

‘‘(1) NATIONAL DISTRIBUTION.—$65,500,000 shall be allocated to all States and territories, with each State receiving 

$1,250,000 and each territory receiving $500,000. 

‘‘(2) DISTRIBUTION USING POPULATION AND SERVICE FACTORS.—The remainder of the funds not otherwise distributed 

under paragraph (1) shall be allocated pursuant to the formula 

set forth in section 5336 other than subsection (b). 

‘‘(e) TRANSFERS OF APPORTIONMENTS.— 

‘‘(1) TRANSFER FLEXIBILITY FOR NATIONAL DISTRIBUTION

FUNDS.—The Governor of a State may transfer any part of 

the State’s apportionment under subsection (d)(1) to supplement 

amounts apportioned to the State under section 5311(c) of 

this title or amounts apportioned to urbanized areas under 

subsections (a) and (c) of section 5336 of this title. 

‘‘(2) TRANSFER FLEXIBILITY FOR POPULATION AND SERVICE

FACTORS FUNDS.—The Governor of a State may expend in an 

urbanized area with a population of less than 200,000 any 

amounts apportioned under subsection (d)(2) that are not allocated to designated recipients in urbanized areas with a population of 200,000 or more. 

‘‘(f) GOVERNMENT’S SHARE OF COSTS.— ‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under 

this section shall be for 80 percent of the net capital costs 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 730 PUBLIC LAW 112–141—JULY 6, 2012 

of the project. A recipient of a grant under this section may 

provide additional local matching amounts. 

‘‘(2) REMAINING COSTS.—The remainder of the net project 

cost shall be provided— 

‘‘(A) in cash from non-Government sources other than 

revenues from providing public transportation services; 

‘‘(B) from revenues derived from the sale of advertising 

and concessions; 

‘‘(C) from an undistributed cash surplus, a replacement 

or depreciation cash fund or reserve, or new capital; or 

‘‘(D) from amounts received under a service agreement 

with a State or local social service agency or private social 

service organization. 

‘‘(g) PERIOD OF AVAILABILITY TO RECIPIENTS.—Amounts made 

available under this section may be obligated by a recipient for 

3 years after the fiscal year in which the amount is apportioned. 

Not later than 30 days after the end of the 3-year period described 

in the preceding sentence, any amount that is not obligated on 

the last day of that period shall be added to the amount that 

may be apportioned under this section in the next fiscal year. 

‘‘(h) DEFINITIONS.—For purposes of this section: 

‘‘(1) The term ‘State’ means a State of the United States. 

‘‘(2) The term ‘territory’ means the District of Columbia, 

Puerto Rico, the Northern Mariana Islands, Guam, American 

Samoa, and the United States Virgin Islands.’’. 

SEC. 20030. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) SECTION 5305.—Section 5305 of title 49, United States Code, 

is amended— 

(1) in subsection (e)(1)(A), by striking ‘‘sections 5304, 5306, 

5315, and 5322’’ and inserting ‘‘section 5304 and 5306’’; 

(2) in subsection (f)— 

(A) in the heading, by striking ‘‘GOVERNMENT’S’’ and 

inserting ‘‘GOVERNMENT’’; and 

(B) by striking ‘‘Government’s’’ and inserting ‘‘Government’’; and 

(3) in subsection (g), by striking ‘‘section 5338(c) for fiscal 

years 2005 through 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(c)’’; 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(d), 5309(l), and 5311(g)’’; 

and 

(2) by striking ‘‘of the United States’’ and inserting ‘‘made 

by the’’. 

(d) SECTION 5325.—Section 5325(b)(2)(A) of title 49, United 

States Code, is amended 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’’. 

Deadline. 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 731 

(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) ANALYSIS.—The analysis for chapter 53 of title 49, United 

States Code, is amended to read as follows: 

‘‘Sec. 

‘‘5301. Policies and purposes. 

‘‘5302. Definitions. 

Effective date. 

Repeal. 


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126 STAT. 732 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘5303. Metropolitan transportation planning. 

‘‘5304. Statewide and nonmetropolitan transportation planning. 

‘‘5305. Planning programs. 

‘‘5306. Private enterprise participation in metropolitan planning and transportation 

improvement programs and relationship to other limitations. ‘‘5307. Urbanized area formula grants. 

‘‘[5308. Repealed.] 

‘‘5309. Fixed guideway capital investment grants. 

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

‘‘5311. Formula grants for rural areas. 

‘‘5312. Research, development, demonstration, and deployment projects. 

‘‘5313. Transit cooperative research program. 

‘‘5314. Technical assistance and standards development. 

‘‘5315. Private sector participation. 

‘‘[5316. Repealed.] 

‘‘[5317. Repealed.] 

‘‘5318. Bus testing facility. 

‘‘5319. Bicycle facilities. 

‘‘[5320.Repealed.] 

‘‘5321. Crime prevention and security. 

‘‘5322. Human resources and training. 

‘‘5323. General provisions. 

‘‘5324. Public transportation emergency relief program. 

‘‘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. Bus and bus facilities formula grants. 

‘‘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. 

This title may be cited as the ‘‘Motor Vehicle and Highway 

Safety Improvement Act of 2012’’ or ‘‘Mariah’s Act’’. 

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): 

23 USC 101 note. 

23 USC 101 note. 

Motor Vehicle 

and Highway 

Safety 

Improvement Act 

of 2012. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 733 

(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section 

402 of title 23, United States Code— 

(A) $235,000,000 for fiscal year 2013; and 

(B) $235,000,000 for fiscal year 2014. 

(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For 

carrying out section 403 of title 23, United States Code— (A) $110,500,000 for fiscal year 2013; and 

(B) $113,500,000 for fiscal year 2014. 

(3) NATIONAL PRIORITY SAFETY PROGRAMS.—For carrying 

out section 405 of title 23, United States Code— 

(A) $265,000,000 for fiscal year 2013; and 

(B) $272,000,000 for fiscal year 2014. 

(4) 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 2013; and 

(B) $5,000,000 for fiscal year 2014. 

(5) HIGH VISIBILITY ENFORCEMENT PROGRAM.—For carrying 

out section 2009 of SAFETEA–LU (23 U.S.C. 402 note)— 

(A) $29,000,000 for fiscal year 2013; and 

(B) $29,000,000 for fiscal year 2014. 

(6) 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) $25,500,000 for fiscal year 2013; and 

(B) $25,500,000 for fiscal year 2014. 

(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 2013 

and 2014 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) 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. 

Grants. 

23 USC 402 note. 

23 USC 401 note. 


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126 STAT. 734 PUBLIC LAW 112–141—JULY 6, 2012 

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 

‘‘(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) of 

title 23, United States Code, is amended— 

(1) in paragraph (1)— 

Compliance. 


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(A) in subparagraph (D), by striking ‘‘and’’ at the end; 

(B) by redesignating subparagraph (E) as subparagraph (F); 

(C) by inserting after subparagraph (D) the following: 

‘‘(E) beginning on the first day of the first fiscal year 

after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012 in which a State 

submits its highway safety plan under subsection (f), provide for a 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 

(D) in subparagraph (F), as redesignated— 

(i) in clause (i), by inserting ‘‘and high-visibility 

law enforcement mobilizations coordinated by the Secretary’’ after ‘‘mobilizations’’; 

(ii) in clause (iii), by striking ‘‘and’’ at the end; 

(iii) in clause (iv), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iv) 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)).’’; and 

(2) by striking paragraph (3). 

(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 section 403(f), 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. 

‘‘(4) AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS.— 

Determinations. 

Deadlines. 


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‘‘(A) PROHIBITION.—A State may not expend funds 

apportioned to that State under this section to carry out 

a program to purchase, operate, or maintain an automated 

traffic enforcement system. 

‘‘(B) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM

DEFINED.—In this paragraph, the term ‘automated traffic 

enforcement system’ means any camera which captures 

an image of a vehicle for the purposes only of red light 

and speed enforcement, and does not include hand held 

radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic 

citation, or other enforcement action at the time of the 

violation.’’. 

(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 under 

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.—With respect to fiscal year 2014, and 

each fiscal year thereafter, the Secretary shall require each 

State, as a condition of the approval of the State’s highway 

safety program for that fiscal year, to develop and submit 

to the Secretary for approval a highway safety plan that complies with the requirements under this subsection. 

‘‘(2) TIMING.—Each State shall submit to the Secretary 

the highway safety plan not later than July 1st of the fiscal 

year preceding the fiscal year to which the plan applies. 

‘‘(3) 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 


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‘‘(iii) a justification for each performance target, 

that explains why each target is appropriate and evidence-based; 

‘‘(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) for the fiscal year preceding the fiscal year to 

which the plan applies, a report on the State’s success 

in meeting State safety goals and performance targets 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. 

‘‘(4) 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 

coordinate with the Governor’s Highway Safety Association in 

making revisions to the set of required performance measures. 

‘‘(5) 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 and the performance targets contained in the plan are evidence-based and supported by data; and 

‘‘(II) the plan, once implemented, will allow 

the State to meet the State’s performance targets. 

‘‘(ii) DISAPPROVALS.—The Secretary shall disapprove a State’s highway safety plan if the Secretary 

determines that— 

‘‘(I) the plan and the performance targets contained in the plan are not evidence-based or supported by data; or 

‘‘(II) the plan does not provide for programming of funding in a manner sufficient to allow 

the State to meet the State’s performance 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 

Notification. 

Determinations. 

Deadline. 

Limitations. 


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‘‘(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) 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) 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.— 

‘‘(1) IN GENERAL.—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 statewide efforts to improve 

traffic safety for teen drivers. 

‘‘(2) USE OF FUNDS.—Statewide efforts 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; and 

‘‘(viii) establishing partnerships and promoting 

coordination among community stakeholders, including 

public, not-for-profit, and for profit entities.’’. 

Deadline. 


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(h) BIENNIAL REPORT TO CONGRESS.—Section 402 of title 23, 

United States Code, as amended by this section, is further amended 

by adding at the end the following: 

‘‘(n) BIENNIAL REPORT TO CONGRESS.—Not later than October 

1, 2015, and biennially thereafter, the Secretary shall submit a 

report to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate that contains— 

‘‘(1) an evaluation of each State’s performance with respect 

to the State’s highway safety plan under subsection (k) and 

performance targets set by the States in such plans; and 

‘‘(2) such recommendations as the Secretary may have for 

improvements to activities carried out under subsection (k).’’. 

SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. 

Section 403 of title 23, United States Code, is amended— 

(1) by striking subsections (a) through (f) and inserting 

the following: 

‘‘(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; and 

‘‘(iv) emergency medical services, including the 

transportation of the injured; 

‘‘(B) human behavioral factors and their effect on highway and traffic safety, including— 

‘‘(i) driver education; 

‘‘(ii) impaired driving; and 

‘‘(iii) distracted driving; 

‘‘(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; 

‘‘(D) the development of technologies to detect drug 

impaired drivers; 

‘‘(E) research on, evaluations of, and identification of 

best practices related to driver education programs 

(including driver education curricula, instructor training 

and certification, program administration, and delivery 

mechanisms) and make recommendations for harmonizing 

driver education and multistage graduated licensing systems; and 

‘‘(F) the effect of State laws on any aspects, activities, 

or programs described in subparagraphs (A) through (E). 


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126 STAT. 740 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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, 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, colleges, universities, corporations, partnerships, sole proprietorships, organizations, 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) 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 may only be made available to the public in a 

manner that does not identify individuals. 

‘‘(f) COOPERATIVE RESEARCH AND EVALUATION.— 

‘‘(1) ESTABLISHMENT AND FUNDING.—Notwithstanding the 

apportionment formula set forth in section 402(c)(2), $2,500,000 

of the total amount available for apportionment to the States 

for highway safety programs under subsection 402(c) in each 

fiscal year shall be available for expenditure by the Secretary, 


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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 National Highway Traffic 

Safety Administration.’’; and 

(2) by adding at the end the following: 

‘‘(h) IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH.— ‘‘(1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Administration may carry out a collaborative 

research effort under chapter 301 of title 49 on in-vehicle technology to prevent alcohol-impaired driving. 

‘‘(2) FUNDING.—Funds provided under section 405 may be 

made to be used by the Secretary to conduct the research 

described in paragraph (1). 

‘‘(3) PRIVACY PROTECTION.—If the Administrator utilizes 

the authority under paragraph (1), the Administrator shall 

not develop requirements for any device or means of technology 

to be installed in an automobile intended for retail sale that 

records a driver’s blood alcohol concentration. 

‘‘(4) REPORTS.—If the Administrator conducts the research 

authorized under paragraph (1), the Administrator shall submit 

an annual report to the Committee on Commerce, Science, 

and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and 

Committee on Science, Space, and Technology of the House 

of Representatives that— 

‘‘(A) describes the progress made in carrying out the 

collaborative research effort; and 

‘‘(B) includes an accounting for the use of Federal 

funds obligated or expended in carrying out that effort. 

‘‘(5) DEFINITIONS.—In this subsection: 

‘‘(A) ALCOHOL-IMPAIRED DRIVING.—The term ‘alcoholimpaired driving’ means the operation of a motor vehicle 

(as defined in section 30102(a)(6) of title 49) by an individual whose blood alcohol content is at or above the legal 

limit. 

‘‘(B) LEGAL LIMIT.—The term ‘legal limit’ means a blood 

alcohol concentration of 0.08 percent or greater (as set 

forth in section 163(a)) or such other percentage limitation 

as may be established by applicable Federal, State, or 

local law.’’. 

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.’’. 

SEC. 31105. NATIONAL PRIORITY SAFETY PROGRAMS. 

(a) IN GENERAL.—Section 405 of title 23, United States Code, 

is amended to read as follows: 


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126 STAT. 742 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘§ 405. National priority safety programs 

‘‘(a) GENERAL AUTHORITY.—Subject to the requirements of this 

section, the Secretary of Transportation shall manage programs 

to address national priorities for reducing highway deaths and 

injuries. Funds shall be allocated according to the priorities set 

forth in paragraphs (1) and (2). 

‘‘(1) GRANTS TO STATES.— 

‘‘(A) OCCUPANT PROTECTION.—16 percent of the funds 

provided under this section in each fiscal year shall be 

allocated among 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 (as described 

in subsection (b)). 

‘‘(B) STATE TRAFFIC SAFETY INFORMATION SYSTEM

IMPROVEMENTS.—14.5 percent of the funds provided under 

this section in each fiscal year shall be allocated among 

States that meet the requirements of the State traffic safety 

information system improvements (as described in subsection (c)). 

‘‘(C) IMPAIRED DRIVING COUNTERMEASURES.—52.5 percent of the funds provided under this section in each fiscal 

year shall be allocated among States that meet the requirements of the impaired driving countermeasures (as 

described in subsection (d)). 

‘‘(D) DISTRACTED DRIVING.—8.5 percent of the funds 

provided under this section in each fiscal year shall be 

allocated among States that adopt and implement effective 

laws to reduce distracted driving (as described in subsection 

(e)). 

‘‘(E) MOTORCYCLIST SAFETY.—1.5 percent of the funds 

provided under this section in each fiscal year shall be 

allocated among States that implement motorcyclist safety 

programs (as described in subsection (f)). 

‘‘(F) STATE GRADUATED DRIVER LICENSING LAWS.—5 percent of the funds provided under this section in each fiscal 

year shall be allocated among States that adopt and implement graduated driver licensing laws (as described in subsection (g)). 

‘‘(G) TRANSFERS.—Notwithstanding subparagraphs (A) 

through (F), the Secretary may reallocate, before the last 

day of any fiscal year, any amounts remaining available 

to carry out any of the activities described in subsections 

(b) through (g) to increase the amount made available 

to carry out any of the other activities described in such 

subsections, or the amount made available under section 

402, in order to ensure, to the maximum extent possible, 

that all such amounts are obligated during such fiscal 

year. 

‘‘(H) MAINTENANCE OF EFFORT.— 

‘‘(i) REQUIREMENTS.—No grant may be made to 

a State in any fiscal year under subsection (b), (c), 

or (d) unless the State enters into such agreements 

with the Secretary as the Secretary may require to 

ensure that the State will maintain its aggregate 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 743 

expenditures from all State and local sources for programs described in those sections at or above the average level of such expenditures in its 2 fiscal years 

preceding the date of enactment of the Motor Vehicle 

and Highway Safety Improvement Act of 2012. 

‘‘(ii) WAIVER.—Upon the request of a State, the 

Secretary may waive or modify the requirements under 

clause (i) for not more than 1 fiscal year if the Secretary 

determines that such a waiver would be equitable due 

to exceptional or uncontrollable circumstances. 

‘‘(2) OTHER PRIORITY PROGRAMS.—Funds provided under 

this section in each fiscal year may be used for research into 

technology to prevent alcohol-impaired driving (as described 

in subsection 403(h)). 

‘‘(b) OCCUPANT PROTECTION GRANTS.— 

‘‘(1) GENERAL AUTHORITY.—Subject to the requirements 

under this subsection, 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. 

‘‘(2) FEDERAL SHARE.—The Federal share of the costs of 

activities funded using amounts from grants awarded under 

this subsection may not exceed 80 percent for each fiscal year 

for which a State receives a grant. 

‘‘(3) ELIGIBILITY.— 

‘‘(A) 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— 

‘‘(i) submits an occupant protection plan during 

the first fiscal year; 

‘‘(ii) participates in the Click It or Ticket national 

mobilization; 

‘‘(iii) has an active network of child restraint 

inspection stations; and 

‘‘(iv) has a plan to recruit, train, and maintain 

a sufficient number of child passenger safety technicians. 

‘‘(B) 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— 

‘‘(i) the State meets all of the requirements under 

clauses (i) through (iv) of subparagraph (A); and 

‘‘(ii) 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. 

Occupant plan. 


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126 STAT. 744 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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 ageappropriate restraint. 

‘‘(V) The State has implemented a comprehensive occupant protection program in which the 

State has— 

‘‘(aa) conducted a program assessment; 

‘‘(bb) developed a statewide strategic plan; 

‘‘(cc) designated an occupant protection 

coordinator; and 

‘‘(dd) established a statewide occupant 

protection task force. 

‘‘(VI) The State— 

‘‘(aa) completed an assessment of its occupant protection program during the 3-year 

period preceding the grant year; or 

‘‘(bb) will conduct such an assessment 

during the first year of the grant. 

‘‘(4) USE OF GRANT AMOUNTS.— 

‘‘(A) IN GENERAL.—Grant funds received pursuant to 

this subsection may be used to— 

‘‘(i) carry out a program to support high-visibility 

enforcement mobilizations, including paid media that 

emphasizes publicity for the program, and law enforcement; 

‘‘(ii) 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; 

‘‘(iii) carry out a program to educate the public 

concerning the proper use and installation of child 

restraints, including related equipment and information systems; 

‘‘(iv) 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; 

‘‘(v) purchase and distribute child restraints to lowincome families, provided that not more than 5 percent 

of the funds received in a fiscal year are used for 

such purpose; and 

‘‘(vi) establish and maintain information systems 

containing data concerning occupant protection, 

including the collection and administration of child 

passenger safety and occupant protection surveys. 

‘‘(B) HIGH SEAT BELT USE RATE.—A State that is eligible 

for funds under paragraph (3)(A) may use up to 75 percent 

of such funds for any project or activity eligible for funding 

under section 402. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 745 

‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a 

State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal 

year 2009. 

‘‘(6) DEFINITIONS.—In this subsection: 

‘‘(A) CHILD RESTRAINT.—The term ‘child restraint’ 

means any device (including child safety seat, booster seat, 

harness, and excepting seat belts) that is— 

‘‘(i) designed for use in a motor vehicle to restrain, 

seat, or position children who weigh 65 pounds (30 

kilograms) or less; and 

‘‘(ii) certified to the Federal motor vehicle safety 

standard prescribed by the National Highway Traffic 

Safety Administration for child restraints. 

‘‘(B) SEAT BELT.—The term ‘seat belt’ means— 

‘‘(i) 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 

‘‘(ii) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and 

shoulder belts. 

‘‘(c) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.— 

‘‘(1) GENERAL AUTHORITY.—Subject to the requirements 

under this subsection, the Secretary of Transportation shall 

award grants to States to support the development and 

implementation of effective State programs that— 

‘‘(A) 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; 

‘‘(B) evaluate the effectiveness of efforts to make such 

improvements; 

‘‘(C) 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; 

‘‘(D) improve the compatibility and interoperability of 

the data systems of the State with national data systems 

and data systems of other States; and 

‘‘(E) enhance the ability of the Secretary to observe 

and analyze national trends in crash occurrences, rates, 

outcomes, and circumstances. 

‘‘(2) FEDERAL SHARE.—The Federal share of the cost of 

adopting and implementing in a fiscal year a State program 

described in this subsection may not exceed 80 percent. 

‘‘(3) ELIGIBILITY.—A State is not eligible for a grant under 

this subsection in a fiscal year unless the State demonstrates, 

to the satisfaction of the Secretary, that the State— 

‘‘(A) has a functioning traffic records coordinating committee (referred to in this paragraph as ‘TRCC’) that meets 

at least 3 times each year; 

‘‘(B) has designated a TRCC coordinator; 

‘‘(C) has established a State traffic record strategic 

plan that has been approved by the TRCC and describes 


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126 STAT. 746 PUBLIC LAW 112–141—JULY 6, 2012 

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; 

‘‘(D) has demonstrated quantitative progress in relation 

to the significant data program attribute of— 

‘‘(i) accuracy; 

‘‘(ii) completeness; 

‘‘(iii) timeliness; 

‘‘(iv) uniformity; 

‘‘(v) accessibility; or 

‘‘(vi) integration of a core highway safety database; 

and 

‘‘(E) 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. 

‘‘(4) USE OF GRANT AMOUNTS.—Grant funds received by 

a State under this subsection 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 paragraph 

(3)(D). 

‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a 

State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal 

year 2009. 

‘‘(d) IMPAIRED DRIVING COUNTERMEASURES.— 

‘‘(1) IN GENERAL.—Subject to the requirements under this 

subsection, the Secretary of Transportation shall award grants 

to States that adopt and implement— 

‘‘(A) effective programs to reduce driving under the 

influence of alcohol, drugs, or the combination of alcohol 

and drugs; or 

‘‘(B) alcohol-ignition interlock laws. 

‘‘(2) FEDERAL SHARE.—The Federal share of the costs of 

activities funded using amounts from grants under this subsection may not exceed 80 percent in any fiscal year in which 

the State receives a grant. 

‘‘(3) ELIGIBILITY.— 

‘‘(A) LOW-RANGE STATES.—Low-range States shall be 

eligible for a grant under this subsection. 

‘‘(B) MID-RANGE STATES.—A mid-range State shall be 

eligible for a grant under this subsection if— 

‘‘(i) a statewide impaired driving task force in the 

State developed a statewide plan during the most 

recent 3 calendar years to address the problem of 

impaired driving; or 

‘‘(ii) the State will convene a statewide impaired 

driving task force to develop such a plan during the 

first year of the grant. 

‘‘(C) HIGH-RANGE STATES.—A high-range State shall 

be eligible for a grant under this subsection if the State— 

‘‘(i)(I) conducted an assessment of the State’s 

impaired driving program during the most recent 3 

calendar years; or 

Plans. 

Grants. 

Certification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 747 

‘‘(II) will conduct such an assessment during the 

first year of the grant; 

‘‘(ii) 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 clause (i); 

‘‘(II) includes a detailed plan for spending any 

grant funds provided under this subsection; and 

‘‘(III) describes how such spending supports 

the statewide program; and 

‘‘(iii)(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. 

‘‘(4) USE OF GRANT AMOUNTS.— 

‘‘(A) REQUIRED PROGRAMS.—High-range States shall 

use grant funds for— 

‘‘(i) high visibility enforcement efforts; and 

‘‘(ii) any of the activities described in subparagraph 

(B) if— 

‘‘(I) the activity is described in the statewide 

plan; and 

‘‘(II) the Secretary approves the use of funding 

for such activity. 

‘‘(B) AUTHORIZED PROGRAMS.—Medium-range and lowrange States may use grant funds for— 

‘‘(i) any of the purposes described in subparagraph 

(A); 

‘‘(ii) hiring a full-time or part-time impaired 

driving coordinator of the State’s activities to address 

the enforcement and adjudication of laws regarding 

driving while impaired by alcohol; 

‘‘(iii) court support of high visibility enforcement 

efforts, training and education of criminal justice 

professionals (including law enforcement, prosecutors, 

judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring 

traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts; 

‘‘(iv) alcohol ignition interlock programs; 

‘‘(v) improving blood-alcohol concentration testing 

and reporting; 

‘‘(vi) paid and earned media in support of high 

visibility enforcement efforts, and conducting standardized field sobriety training, advanced roadside impaired 

driving evaluation training, and drug recognition 

expert training for law enforcement, and equipment 

and related expenditures used in connection with 

impaired driving enforcement in accordance with criteria established by the National Highway Traffic 

Safety Administration; 


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126 STAT. 748 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(vii) training on the use of alcohol screening and 

brief intervention; 

‘‘(viii) developing impaired driving information systems; and 

‘‘(ix) costs associated with a 24-7 sobriety program. 

‘‘(C) 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. 

‘‘(5) GRANT AMOUNT.—Subject to paragraph (6), 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. 

‘‘(6) GRANTS TO STATES THAT ADOPT AND ENFORCE MANDATORY ALCOHOL-IGNITION INTERLOCK LAWS.— 

‘‘(A) IN GENERAL.—The Secretary shall make a separate 

grant under this subsection 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. 

‘‘(B) USE OF FUNDS.—Grants authorized under subparagraph (A) may be used by recipient States for any eligible 

activities under this subsection or section 402. 

‘‘(C) ALLOCATION.—Amounts made available under this 

paragraph shall be allocated among States described in 

subparagraph (A) on the basis of the apportionment formula set forth in section 402(c). 

‘‘(D) FUNDING.—Not more than 15 percent of the 

amounts made available to carry out this subsection in 

a fiscal year shall be made available by the Secretary 

for making grants under this paragraph. 

‘‘(7) DEFINITIONS.—In this subsection: 

‘‘(A) 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— 

‘‘(i) 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 

‘‘(ii) require the individual to be subject to testing 

for alcohol or drugs— 

‘‘(I) at least twice per day; 

‘‘(II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or 

‘‘(III) by an alternate method with the concurrence of the Secretary. 

‘‘(B) 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 percent 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 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 749 

by the Administrator of the National Highway Traffic 

Safety Administration. 

‘‘(C) HIGH-RANGE STATE.—The term ‘high-range State’ 

means a State that has an average impaired driving fatality 

rate of 0.60 or higher. 

‘‘(D) LOW-RANGE STATE.—The term ‘low-range State’ 

means a State that has an average impaired driving fatality 

rate of 0.30 or lower.. 

‘‘(E) 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. 

‘‘(e) DISTRACTED DRIVING GRANTS.— 

‘‘(1) IN GENERAL.—The Secretary shall award a grant under 

this subsection to any State that enacts and enforces a statute 

that meets the requirements set forth in paragraphs (2) and 

(3). 

‘‘(2) PROHIBITION ON TEXTING WHILE DRIVING.—A State 

statute meets the requirements set forth in this paragraph 

if the statute— 

‘‘(A) prohibits drivers from texting through a personal 

wireless communications device while driving; 

‘‘(B) makes violation of the statute a primary offense; 

and 

‘‘(C) establishes— 

‘‘(i) a minimum fine for a first violation of the 

statute; and 

‘‘(ii) increased fines for repeat violations. 

‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE WHILE

DRIVING.—A State statute meets the requirements set forth 

in this paragraph if the statute— 

‘‘(A) prohibits a driver who is younger than 18 years 

of age from using a personal wireless communications 

device while driving; 

‘‘(B) makes violation of the statute a primary offense; 

‘‘(C) requires distracted driving issues to be tested 

as part of the State driver’s license examination; and 

‘‘(D) establishes— 

‘‘(i) a minimum fine for a first violation of the 

statute; and 

‘‘(ii) increased fines for repeat violations. 

‘‘(4) PERMITTED EXCEPTIONS.—A statute that meets the 

requirements set forth in paragraphs (2) and (3) may provide 

exceptions for— 

‘‘(A) a driver who uses a personal wireless communications device to contact emergency services; 

‘‘(B) emergency services personnel who use a personal 

wireless communications device while— 

‘‘(i) operating an emergency services vehicle; and 

‘‘(ii) engaged in the performance of their duties 

as emergency services personnel; and 

‘‘(C) 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. 


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126 STAT. 750 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(5) USE OF GRANT FUNDS.—Of the amounts received by 

a State under this subsection— 

‘‘(A) at least 50 percent shall be used— 

‘‘(i) to educate the public through advertising containing information about the dangers of texting or 

using a cell phone while driving; 

‘‘(ii) for traffic signs that notify drivers about the 

distracted driving law of the State; or 

‘‘(iii) for law enforcement costs related to the 

enforcement of the distracted driving law; and 

‘‘(B) up to 50 percent may be used for any eligible 

project or activity under section 402. 

‘‘(6) ADDITIONAL GRANTS.—In the first fiscal year that 

grants are awarded under this subsection, the Secretary may 

use up to 25 percent of the amounts available for grants under 

this subsection to award grants to States that— 

‘‘(A) enacted statutes before the date of enactment 

of the Motor Vehicle and Highway Safety Improvement 

Act of 2012, which meet the requirements set forth in 

subparagraphs (A) and (B) of paragraph (2); and 

‘‘(B) are otherwise ineligible for a grant under this 

subsection. 

‘‘(7) ALLOCATION TO SUPPORT STATE DISTRACTED DRIVING

LAWS.—Of the amounts available under this subsection in a 

fiscal year for distracted driving grants, the Secretary may 

expend up to $5,000,000 for the development and placement 

of broadcast media to support the enforcement of State distracted driving laws. 

‘‘(8) DISTRACTED DRIVING STUDY.— 

‘‘(A) IN GENERAL.—The Secretary shall conduct a study 

of all forms of distracted driving. 

‘‘(B) COMPONENTS.—The study conducted under 

subparagraph (A) shall— 

‘‘(i) examine the effect of distractions other than 

the use of personal wireless communications on motor 

vehicle safety; 

‘‘(ii) identify metrics to determine the nature and 

scope of the distracted driving problem; 

‘‘(iii) identify the most effective methods to enhance 

education and awareness; and 

‘‘(iv) identify the most effective method of reducing 

deaths and injuries caused by all forms of distracted 

driving. 

‘‘(C) REPORT.—Not later than 1 year after the date 

of enactment of the Motor Vehicle and Highway Safety 

Improvement Act of 2012, the Secretary shall submit a 

report containing the results of the study conducted under 

this paragraph to— 

‘‘(i) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

‘‘(ii) the Committee on Transportation and Infrastructure of the House of Representatives. 

‘‘(9) DEFINITIONS.—In this subsection: 

‘‘(A) DRIVING.—The term ‘driving’— 

‘‘(i) means operating a motor vehicle on a public 

road, including operation while temporarily stationary 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 751 

because of traffic, a traffic light or stop sign, or otherwise; and 

‘‘(ii) 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. 

‘‘(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.— 

The term ‘personal wireless communications device’— 

‘‘(i) 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 

‘‘(ii) does not include a global navigation satellite 

system receiver used for positioning, emergency 

notification, or navigation purposes. 

‘‘(C) 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. 

‘‘(D) PUBLIC ROAD.—The term ‘public road’ has the 

meaning given such term in section 402(c). 

‘‘(E) 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. 

‘‘(f) MOTORCYCLIST SAFETY.— 

‘‘(1) GRANTS AUTHORIZED.—Subject to the requirements 

under this subsection, the Secretary shall award grants to 

States that adopt and implement effective programs to reduce 

the number of single- and multi-vehicle crashes involving 

motorcyclists. 

‘‘(2) ALLOCATION.—The amount of a grant awarded to a 

State for a fiscal year under this subsection may not exceed 

25 percent of the amount apportioned to the State for fiscal 

year 2003 under section 402. 

‘‘(3) GRANT ELIGIBILITY.—A State becomes eligible for a 

grant under this subsection by adopting or demonstrating to 

the satisfaction of the Secretary, at least 2 of the following 

criteria: 

‘‘(A) MOTORCYCLE RIDER TRAINING COURSES.—An effective motorcycle rider training course that is offered 

throughout the State, which— 

‘‘(i) provides a formal program of instruction in 

accident avoidance and other safety-oriented operational skills to motorcyclists; and 

‘‘(ii) may include innovative training opportunities 

to meet unique regional needs. 

‘‘(B) MOTORCYCLISTS AWARENESS PROGRAM.—An effective statewide program to enhance motorist awareness of 

the presence of motorcyclists on or near roadways and 

safe driving practices that avoid injuries to motorcyclists. 

‘‘(C) REDUCTION OF FATALITIES AND CRASHES INVOLVING

MOTORCYCLES.—A reduction for the preceding calendar year 

in the number of motorcycle fatalities and the rate of 


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126 STAT. 752 PUBLIC LAW 112–141—JULY 6, 2012 

motor vehicle crashes involving motorcycles in the State 

(expressed as a function of 10,000 motorcycle registrations). 

‘‘(D) IMPAIRED DRIVING PROGRAM.—Implementation of 

a statewide program to reduce impaired driving, including 

specific measures to reduce impaired motorcycle operation. 

‘‘(E) REDUCTION OF FATALITIES AND ACCIDENTS

INVOLVING IMPAIRED MOTORCYCLISTS.—A reduction for the 

preceding calendar year in the number of fatalities and 

the rate of reported crashes involving alcohol- or drugimpaired motorcycle operators (expressed as a function of 

10,000 motorcycle registrations). 

‘‘(F) FEES COLLECTED FROM MOTORCYCLISTS.—All fees 

collected by the State from motorcyclists for the purposes 

of funding motorcycle training and safety programs will 

be used for motorcycle training and safety purposes. 

‘‘(4) ELIGIBLE USES.— ‘‘(A) IN GENERAL.—A State may use funds from a grant 

under this subsection only for motorcyclist safety training 

and motorcyclist awareness programs, including— 

‘‘(i) improvements to motorcyclist safety training 

curricula; 

‘‘(ii) improvements in program delivery of motorcycle training to both urban and rural areas, 

including— 

‘‘(I) procurement or repair of practice motorcycles; 

‘‘(II) instructional materials; 

‘‘(III) mobile training units; and 

‘‘(IV) leasing or purchasing facilities for closedcourse motorcycle skill training; 

‘‘(iii) measures designed to increase the recruitment or retention of motorcyclist safety training 

instructors; and 

‘‘(iv) public awareness, public service announcements, and other outreach programs to enhance driver 

awareness of motorcyclists, such as the ‘share-the-road’ 

safety messages developed under subsection (g). 

‘‘(B) SUBALLOCATIONS OF FUNDS.—An agency of a State 

that receives a grant under this subsection may suballocate 

funds from the grant to a nonprofit organization incorporated in that State to carry out this subsection. 

‘‘(5) DEFINITIONS.—In this subsection: 

‘‘(A) MOTORCYCLIST AWARENESS.—The term ‘motorcyclist awareness’ means individual or collective awareness 

of— 

‘‘(i) the presence of motorcycles on or near roadways; and 

‘‘(ii) safe driving practices that avoid injury to 

motorcyclists. 

‘‘(B) MOTORCYCLIST AWARENESS PROGRAM.—The term 

‘motorcyclist awareness program’ means an informational 

or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination 

with the designated State authority having jurisdiction 

over motorcyclist safety issues, which may include the State 

motorcycle safety administrator or a motorcycle advisory 

council appointed by the governor of the State. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 753 

‘‘(C) MOTORCYCLIST SAFETY TRAINING.—The term 

‘motorcyclist safety training’ means a formal program of 

instruction that is approved for use in a State by the 

designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council 

appointed by the governor of the State. 

‘‘(D) STATE.—The term ‘State’ has the meaning given 

such term in section 101(a) of title 23, United States Code. 

‘‘(g) STATE GRADUATED DRIVER LICENSING INCENTIVE GRANT.— 

‘‘(1) GRANTS AUTHORIZED.—Subject to the requirements 

under this subsection, the Secretary shall award grants to 

States that adopt and implement graduated driver licensing 

laws in accordance with the requirements set forth in paragraph 

(2). 

‘‘(2) MINIMUM REQUIREMENTS.— 

‘‘(A) IN GENERAL.—A State meets the requirements 

set forth in this paragraph 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 subparagraph (B) before receiving an 

unrestricted driver’s license. 

‘‘(B) LICENSING PROCESS.—A State is in compliance 

with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws include— 

‘‘(i) 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— 

‘‘(aa) reaches 16 years of age and enters 

the intermediate stage; or 

‘‘(bb) reaches 18 years of age; 

‘‘(ii) 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 

‘‘(iii) any other requirement prescribed by the Secretary of Transportation, including— 

‘‘(I) in the learner’s permit stage— 

‘‘(aa) at least 40 hours of behind-the-wheel 

training with a licensed driver who is at least 

21 years of age; 

‘‘(bb) a driver training course; and 


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126 STAT. 754 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(cc) 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— 

‘‘(aa) driving while intoxicated; 

‘‘(bb) misrepresentation of his or her true 

age; 

‘‘(cc) reckless driving; 

‘‘(dd) driving without wearing a seat belt; 

‘‘(ee) speeding; or 

‘‘(ff) any other driving-related offense, as 

determined by the Secretary. 

‘‘(3) RULEMAKING.— 

‘‘(A) IN GENERAL.—The Secretary shall promulgate 

regulations necessary to implement the requirements set 

forth in paragraph (2), in accordance with the notice and 

comment provisions under section 553 of title 5. 

‘‘(B) EXCEPTION.—A State that otherwise meets the 

minimum requirements set forth in paragraph (2) shall 

be deemed by the Secretary to be in compliance with the 

requirement set forth in paragraph (2) 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— 

‘‘(i) 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 

‘‘(ii) if demonstrable hardship would result from 

the denial of a license to the licensees or applicants. 

‘‘(4) ALLOCATION.—Grant funds allocated to a State under 

this subsection for a fiscal year shall be in proportion to a 

State’s apportionment under section 402 for such fiscal year. 

‘‘(5) USE OF FUNDS.—Of the grant funds received by a 

State under this subsection— 

‘‘(A) at least 25 percent shall be used for— 

‘‘(i) enforcing a 2-stage licensing process that complies with paragraph (2); 

‘‘(ii) training for law enforcement personnel and 

other relevant State agency personnel relating to the 

enforcement described in clause (i); 

‘‘(iii) publishing relevant educational materials 

that pertain directly or indirectly to the State graduated driver licensing law; 

‘‘(iv) carrying out other administrative activities 

that the Secretary considers relevant to the State’s 

2-stage licensing process; and 

‘‘(v) carrying out a teen traffic safety program 

described in section 402(m); and 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 755 

‘‘(B) up to 75 percent may be used for any eligible 

project or activity under section 402.’’. 

(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. National priority safety programs.’’. 

SEC. 31106. 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 2013 and 2014. The Administrator 

may also initiate and support additional campaigns in each 

of fiscal years 2013 and 2014 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. 31107. 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). 

Time period. 


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126 STAT. 756 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 31108. 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 Advisory Council. 

‘‘(6) MEETINGS.—The Advisory Council shall meet as frequently as is determined necessary by the chairperson of the 

Advisory Council. 

‘‘(7) ANNUAL REPORTS.—The Advisory Council shall prepare 

an annual report to the Secretary of Transportation regarding 

the Advisory Council’s actions and recommendations.’’. 

SEC. 31109. REPEAL OF PROGRAMS. 

(a) GENERAL PROVISION.—A repeal made by this section shall 

not affect amounts apportioned or allocated before the effective 

date of such repeal, provided that such apportioned or allocated 

funds continue to be subject to the requirements to which such 

funds were subject under the repealed section as in effect on the 

day before the date of the repeal. 

(b) SAFETY BELT PERFORMANCE GRANTS.—Section 406 of title 

23, United States Code, and the item relating to section 406 in 

the analysis for chapter 4 of title 23, United States Code, are 

repealed. 

(c) INNOVATIVE PROJECT GRANTS.—Section 407 of title 23, 

United States Code, and the item relating to section 407 in the 

analysis for chapter 4, are repealed. 

(d) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.—Section 408 of title 23, United States Code, and the item 

relating to section 408 in the analysis for chapter 4, are repealed. 

23 USC 406 note. 

Deadline. 

Consultation. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 757 

(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.—Section 

410 of title 23, United States Code, and the item relating to section 

410 in the analysis for chapter 4, are repealed. 

(f) STATE HIGHWAY SAFETY DATA IMPROVEMENTS.—Section 411 

of title 23, United States Code, and the item relating to section 

411 in the analysis for chapter 4, are repealed. 

(g) MOTORCYCLIST SAFETY.—Section 2010 of SAFETEA-LU (23 

U.S.C. 402 note), and the item relating to section 2010 in the 

table of contents under section 1(b) of such Act, are repealed. 

(h) CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE

GRANTS.—Section 2011 of SAFETEA-LU (23 U.S.C. 405 note), and 

the item relating to section 2011 in the table of contents under 

section 1(b) of that Act, are repealed. 

(i) DRUG-IMPAIRED DRIVING ENFORCEMENT.—Section 2013 of 

SAFETEA-LU (23 U.S.C. 403 note), and the item relating to section 

2013 in the table of contents under section 1(b) of that Act, are 

repealed. 

(j) FIRST RESPONDER VEHICLE SAFETY PROGRAM.—Section 2014 

of SAFETEA-LU (23 U.S.C. 402 note), and the item relating to 

section 2014 in the table of contents under section 1(b) of that 

Act, are repealed. 

(k) RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION

PILOT PROGRAM.—Section 2016 of SAFETEA-LU (119 Stat. 1541), 

and the item relating to section 2016 in the table of contents 

under section 1(b) of that Act, are repealed. 

(l) OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING.—Section 2017 of SAFETEA-LU (119 Stat. 1541), and the item relating 

to section 2017 in the table of contents under section 1(b) of that 

Act, are repealed. 

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 users of 

motor vehicles 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: 

‘‘§ 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 

23 USC 402 note. 


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126 STAT. 758 PUBLIC LAW 112–141—JULY 6, 2012 

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: 

‘‘Sec. 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 

‘‘$35,000,000’’; and 

(B) in paragraph (3), by striking ‘‘$15,000,000’’ and 

inserting ‘‘$35,000,000’’; 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 obligations 

under this chapter; 

‘‘(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) actions taken by the person charged to identify, investigate, or mitigate the condition; 

‘‘(7) 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; 

‘‘(8) whether the person has been assessed civil penalties 

under this section during the most recent 5 years; and 

‘‘(9) 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) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date that is the earlier of the date 

on which final regulations are issued under subsection (b) or 1 

year after the date of enactment of this Act. 

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: 

49 USC 30165 

note. 

Deadline. 

Regulations. 

49 USC 30165 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 759 

‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH 

AND DEVELOPMENT 

‘‘§ 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. 

‘‘§ 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 activities related 

to 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. 

‘‘(b) ACTIVITIES.—In carrying out a program under this section, 

the Secretary of Transportation may— 

‘‘(1) promote, support, and advance the education and 

training of motor vehicle safety staff of the National Highway 

Traffic Safety Administration in motor vehicle safety research 

programs and activities, including using program funds for 

planning, implementing, conducting, and presenting results of 

program activities, and for related expenses; 

‘‘(2) obtain experimental and other motor vehicles and 

motor vehicle equipment for research or testing; 

‘‘(3)(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; 

‘‘(4) award grants to States and local governments, interstate authorities, and nonprofit institutions; and 

‘‘(5) 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 research organizations. 

‘‘(c) 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. 

‘‘(d) FACILITIES.—The Secretary may plan, design, and construct 

a new facility or modify an existing facility to conduct research, 

development, and testing in traffic safety, highway safety, and 

motor vehicle safety. An expenditure of more than $1,500,000 for 

planning, design, or construction may be made only if 60 days 

Notification. 

Time period. 


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126 STAT. 760 PUBLIC LAW 112–141—JULY 6, 2012 

prior notice of the planning, design, or construction is provided 

to the Committees on Science, Space, and Technology and Transportation and Infrastructure of the House of Representatives and the 

Committees on Commerce, Science, and Transportation and 

Environment and Public Works of the Senate. The notice shall 

include— 

‘‘(1) a brief description of the facility being planned, 

designed, or constructed; 

‘‘(2) the location of the facility; 

‘‘(3) an estimate of the maximum cost of the facility; 

‘‘(4) a statement identifying private and public agencies 

that will use the facility and the contribution each agency 

will make to the cost of the facility; and 

‘‘(5) a justification of the need for the facility. 

‘‘(e) INCREASING COSTS OF APPROVED FACILITIES.—The estimated maximum cost of a facility noticed under subsection (d) 

may be increased by an amount equal to the percentage increase 

in construction costs from the date the notice is submitted to Congress. However, the increase in the cost of the facility may not 

be more than 10 percent of the estimated maximum cost included 

in the notice. The Secretary shall decide what increase in construction costs has occurred. 

‘‘(f) 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. 

The owner of a background patent may not be deprived of a right 

under the patent. 

‘‘§ 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, may be made 

available to the public only 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. 

(a) DEFINITION.—Section 32702(5) of title 49, United States 

Code, is amended by inserting ‘‘or system of components’’ after 

‘‘instrument’’. 

Public 

information. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 761 

(b) 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.—Not later than 18 months after 

the date of enactment of the Motor Vehicle and Highway Safety 

Improvement Act of 2012, in carrying out this section, the Secretary 

shall prescribe regulations permitting any written disclosures or 

notices and related matters to be provided electronically.’’. 

SEC. 31206. 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. 31207. 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. 31208. 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 

Deadline. 

Regulations. 


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126 STAT. 762 PUBLIC LAW 112–141—JULY 6, 2012 

(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, upon request, such information that is necessary to identify and track the products as the Secretary, by 

rule, may specify, 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) REGULATIONS ON THE IMPORT OF A MOTOR VEHICLE.— 

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) paragraph (1) or (3) of section 30112(a) with 

respect to such motor vehicle or motor vehicle equipment; 

‘‘(C) the provision of reports and records required to 

be maintained with respect to such motor vehicle or motor 

vehicle equipment under this chapter; 

‘‘(D) a request for inspection of premises, vehicle, or 

equipment under section 30166; 

‘‘(E) an order or voluntary agreement to remedy such 

vehicle or equipment; or 

‘‘(F) any rules implementing the requirements 

described in this subsection; 

‘‘(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. 

‘‘(f) RULEMAKING.—In issuing regulations under this section, 

the Secretary shall seek to reduce duplicative requirements by 

coordinating with the Department of Homeland Security.’’. 

SEC. 31209. 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)— 

Coordination. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 763 

(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 enter into a memorandum of understanding with 

the Secretary of Homeland Security for inspections and sampling of motor vehicle equipment being offered for import to 

determine compliance with this chapter or a regulation or order 

issued under this chapter.’’. 

Subtitle C—Transparency and 

Accountability 

SEC. 31301. PUBLIC AVAILABILITY OF RECALL INFORMATION. 

(a) VEHICLE RECALL INFORMATION.—Not later than 1 year after 

the date of enactment of this Act, the Secretary shall require 

that motor vehicle safety recall information— 

(1) be available to the public on the Internet; 

(2) be searchable by vehicle make and model and vehicle 

identification number; 

(3) be in a format that preserves consumer privacy; and 

(4) includes information about each recall that has not 

been completed for each vehicle. 

(b) RULEMAKING.—The Secretary may initiate a rulemaking 

proceeding to require each manufacturer to provide the information 

described in subsection (a), with respect to that manufacturer’s 

motor vehicles, on a publicly accessible Internet website. Any rules 

promulgated under this subsection— 

(1) shall limit the information that must be made available 

under this section to include only those recalls issued not 

more than 15 years prior to the date of enactment of this 

Act; 

(2) may require information under paragraph (1) to be 

provided to a dealer or an owner of a vehicle at no charge; 

and 

(3) shall permit a manufacturer a reasonable period of 

time after receiving information from a dealer with respect 

to a vehicle to update the information about the vehicle on 

the publicly accessible Internet website. 

(c) PROMOTION OF PUBLIC AWARENESS.—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 section. 

SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 

OUTREACH TO MANUFACTURER, DEALER, AND 

MECHANIC PERSONNEL. 

The Secretary shall 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. 

Publicity. 

49 USC 30101 

note. 

Web posting. 

Deadline. 

49 USC 30166 

note. 

Memorandum. 


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126 STAT. 764 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 31303. PUBLIC AVAILABILITY OF COMMUNICATIONS TO 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 the Secretary shall make available on 

a publicly accessible Internet website,’’; and 

(2) by adding at the end the following: 

‘‘(2) INDEX.—Communications required to be submitted to 

the Secretary under this subsection shall be accompanied by 

an index to each communication, that— 

‘‘(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. 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 may promulgate rules 

requiring a senior official responsible for safety in any 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 OR MISLEADING REPORTS.—A person who knowingly and willfully submits materially false or misleading 

information to the Secretary, after certifying the same information as accurate 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 

$1,000,000.’’. 

Certification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 765 

SEC. 31305. 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. 31306. 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) 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. 31307. 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: 

‘‘§ 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 

Applicability. 


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126 STAT. 766 PUBLIC LAW 112–141—JULY 6, 2012 

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 

‘‘(5) objected to, or refused to participate in, any activity 

that the employee reasonably believed to be in violation of 

any provision of chapter 301 of this title, or any order, rule, 

regulation, standard, or ban under such provision. 

‘‘(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 file 

(or have any person file on his or her behalf), not later than 

180 days after the date on which such violation occurs, 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 

Notifications. 

Deadlines. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 767 

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. 

Time period. 


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126 STAT. 768 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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 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. 

‘‘(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. 

Deadline. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 769 

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) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later 

than 2 years after the date of enactment of this Act, the Comptroller 

General of the United States shall— 

(1) conduct a study of the whistleblower protections established by law with respect to this program, and update its 

study of other such programs administered by the Secretary 

of Transportation; and 

(2) submit to Congress a report of the results of the study 

under paragraph (1), including— 

(A) an identification of the differences between the 

provisions applicable to different programs, the number 

of claims brought pursuant to each provision, and the outcome of each claim; and 

(B) any recommendations for program changes that 

the Comptroller General considers appropriate based on 

the study under paragraph (1). 

(c) 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. 31308. ANTI-REVOLVING DOOR. 

(a) 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 

Reports. 

Review. 

Deadline. 

Study. 


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126 STAT. 770 PUBLIC LAW 112–141—JULY 6, 2012 

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. 

(b) 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. 

SEC. 31309. 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 

and 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) the incremental costs of collecting and analyzing additional data, as well as data from additional crashes; 

(6) the potential for obtaining private funding for all or 

a portion of the costs under paragraph (5); 

Deadline. 

Reports. 

Review. 

49 USC 323 note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 771 

(7) the potential for recovering any additional costs from 

high volume users of the data, while continuing to make the 

data available to the general public free of charge; 

(8) the advantages or disadvantages of expanding collection 

of non-crash data instead of crash data; 

(9) recommendations for improvements to the Administration’s data collection program; and 

(10) the resources needed by the Administration to implement such recommendations. 

SEC. 31310. UPDATE 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) in paragraph (1), by striking ‘‘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 taking into account 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)(i) to send additional notifications in the manner 

prescribed by the Secretary, by regulation; or 

‘‘(ii) 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 

‘‘(B) to emphasize the magnitude of the safety risk 

caused by the defect or noncompliance in such notification.’’. 

SEC. 31311. EXPANDING CHOICES OF REMEDY AVAILABLE TO MANUFACTURERS OF REPLACEMENT EQUIPMENT. 

Section 30120 of title 49, United States Code, is amended— 


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126 STAT. 772 PUBLIC LAW 112–141—JULY 6, 2012 

(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. 31312. 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: 

‘‘§ 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 3713(a)(1)(A) of such chapter, 

notwithstanding section 3713(a)(2), 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.’’. 

SEC. 31313. 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. 31314. 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.— Establishment. 

49 USC 105 note. 

Applicability. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 773 

(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 careers in vehicle safety. 

(2) STIPEND.—The Secretary is authorized to provide a 

stipend to any student during the student’s participation in 

the program established under paragraph (1). 

(c) ASSESSMENT.—The Council, in consultation with affected 

stakeholders, shall periodically 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. ELECTRONIC SYSTEMS PERFORMANCE. 

(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of this Act, the Secretary shall complete an examination 

of the need for safety standards with regard to electronic systems 

in passenger motor vehicles. In conducting this examination, the 

Secretary shall— 

(1) consider the electronic components, the interaction of 

electronic components, the security needs for those electronic 

systems to prevent unauthorized access, and the effect of surrounding environments on the electronic systems; and 

(2) allow for public comment. 

(b) REPORT.—Upon completion of the examination under subsection (a), the Secretary shall submit a report on the highest 

priority areas for safety with regard to the electronic systems to 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Energy and Commerce of the House 

of Representatives. 

Subtitle E—Child Safety Standards 

SEC. 31501. CHILD SAFETY SEATS. 

(a) SIDE IMPACT CRASHES.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall issue a final 

Deadline. 

Regulations. 

49 USC 30127 

note. 

Deadline. 


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126 STAT. 774 PUBLIC LAW 112–141—JULY 6, 2012 

rule amending Federal Motor Vehicle Safety Standard Number 

213 to improve the protection of children seated in child restraint 

systems during side impact crashes. 

(b) 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 the standard seat assembly specifications under Federal Motor Vehicle Safety Standard Number 

213 to better simulate a single representative motor vehicle 

rear seat. 

(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 amend Federal Motor Vehicle 

Safety Standard Number 225 (relating to child restraint anchorage 

systems) to improve the ease of use for lower anchorages and 

tethers in all rear seat seating positions if such anchorages and 

tethers are feasible. 

(b) FINAL RULE.— (1) IN GENERAL.—Except as provided under paragraph (2) 

and section 31505, 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) 

and section 31505, 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 

Deadlines. 

49 USC 30127 

note. 

Deadlines. 

49 USC 30127 

note. 

Deadlines. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 775 

(B) the Committee on Energy and Commerce of the 

House of Representatives. 

SEC. 31504. UNATTENDED PASSENGER REMINDERS. 

(a) SAFETY RESEARCH INITIATIVE.—The Secretary may initiate 

research into effective ways to minimize the risk of hyperthermia 

or hypothermia to children or other unattended passengers in rear 

seating positions. 

(b) RESEARCH AREAS.—In carrying out subsection (a), the Secretary may conduct research into the potential viability of— 

(1) vehicle technology to provide an alert that a child or 

unattended passenger remains in a rear seating position after 

the vehicle motor is disengaged; or 

(2) public awareness campaigns to educate drivers on the 

risks of leaving a child or unattended passenger in a vehicle 

after the vehicle motor is disengaged; or 

(3) other ways to mitigate risk. 

(c) COORDINATION WITH OTHER AGENCIES.—The Secretary may 

collaborate with other Federal agencies in conducting the research 

under this section. 

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— 

Deadline. 

49 USC 30111 

note. 

49 USC 30127 

note. 

49 USC 30111 

note. 


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126 STAT. 776 PUBLIC LAW 112–141—JULY 6, 2012 

(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. 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. 

49 USC 30101 

note. 

Commercial 

Motor Vehicle 

Safety 

Enhancement 

Act of 2012. 

Time period. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 777 

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 shall register a person 

to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier only if 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 been issued a USDOT number under section 

31134; 

‘‘(C) has disclosed any relationship involving common 

ownership, common management, common control, or 

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, if the relationship occurred in the 3- 

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.— 

Not later than 18 months after the date of enactment 

of this Act, the Secretary shall establish through a rulemaking 

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. 

(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, 

Deadline. 

49 USC 13902 

note. 


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126 STAT. 778 PUBLIC LAW 112–141—JULY 6, 2012 

or successor regulations’’ after ‘‘applicable safety regulations’’; 

and 

(2) by striking ‘‘consider the establishment of’’ and inserting 

‘‘establish’’. 

(d) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM

SUPPLIES.—Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended to read as 

follows: 

‘‘(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND

FARM SUPPLIES.—Regulations prescribed by the Secretary under 

sections 31136 and 31502 regarding maximum driving and 

on-duty time for drivers used by motor carriers shall not apply 

during planting and harvest periods, as determined by each 

State, to— 

‘‘(A) drivers transporting agricultural commodities from 

the source of the agricultural commodities to a location 

within a 150 air-mile radius from the source; 

‘‘(B) drivers transporting farm supplies for agricultural 

purposes from a wholesale or retail distribution point of 

the farm supplies to a farm or other location where the 

farm supplies are intended to be used within a 150 airmile radius from the distribution point; or 

‘‘(C) drivers transporting farm supplies for agricultural 

purposes from a wholesale distribution point of the farm 

supplies to a retail distribution point of the farm supplies 

within a 150 air-mile radius from the wholesale distribution 

point.’’. 

SEC. 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.—Except as provided under subparagraph (B), 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 shall require, by regulation, each owner and each 

operator granted new registration to transport passengers 

under section 13902 or 31134 to undergo a safety review 

not later than 120 days after the owner or operator, as 

the case may be, begins operations under such registration.’’. 

(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. 

49 USC 31144 

note. 

Regulations. 

Deadlines. 


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‘‘(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; 

‘‘(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 

does not disclose any relationship through common 

ownership, common management, common control, or 

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 

‘‘(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 


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126 STAT. 780 PUBLIC LAW 112–141—JULY 6, 2012 

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 common familial relationship, 

to any other person, employer, or any other applicant for 

registration under section 13902 or 31134.’’. 

SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS. 

Not later than 6 months after the date of enactment of this 

Act, and every 4 years thereafter, 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 

sections 13904(f), 13903, and 13906 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. 

SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT. 

(a) IN GENERAL.—Chapter 311 is amended by inserting after 

section 31133 the following: 

‘‘§ 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 shall register 

an employer or person under subsection (a) only if the Secretary 

determines that— 

‘‘(1) the employer or person seeking registration is willing 

and able to comply with the requirements of this subchapter 

and the regulations prescribed thereunder and chapter 51 and 

the regulations prescribed thereunder; 

‘‘(2)(A) during the 3-year period before the date of the 

filing of the application, the employer or person is not or 

was not related through common ownership, common management, common control, or common familial relationship to any 

other person or applicant for registration subject to this subchapter who, during such 3-year period, is or was unfit, 

Time period. 

Deadline. 

Reports. 

49 USC 13903 

note. 


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unwilling, or unable to comply with the requirements listed 

in subsection (b)(1); or 

‘‘(3) the employer or person has disclosed to the Secretary 

any relationship involving common ownership, common 

management, common control, or common familial relationship 

to any other person or applicant for registration subject to 

this subchapter. 

‘‘(c) REVOCATION OR SUSPENSION OF REGISTRATION.—The Secretary shall revoke the registration of an employer or person issued 

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 is subject to revocation or 

suspension under sections 13905(d)(1) or 13905(f) of this title; 

‘‘(2) the employer or person has knowingly failed to comply 

with the requirements listed in subsection (b)(1); 

‘‘(3) the employer or person has not disclosed any relationship through common ownership, common management, 

common control, or 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); 

‘‘(4) the employer or person 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 

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. 

‘‘(e) STATE AUTHORITY.—Nothing in this section shall be construed as affecting the authority of a State to issue a Department 

of Transportation number under State law to a person operating 

in intrastate commerce.’’. 

(b) 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) MOTOR CARRIER UPDATE.—Section 13902 is amended by 

adding at the end the following: 

‘‘(h) UPDATE OF REGISTRATION.— 

‘‘(1) IN GENERAL.—The Secretary shall require a registrant 

to update its registration under this section 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. 

‘‘(2) MOTOR CARRIERS OF PASSENGERS.—In addition to the 

requirements of paragraph (1), the Secretary shall require a 

Deadlines. 

Deadline. 

Notification. 


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126 STAT. 782 PUBLIC LAW 112–141—JULY 6, 2012 

motor carrier of passengers to update its registration information, including numbers of vehicles, annual mileage, and 

individuals responsible for compliance with Federal safety regulations quarterly for the first 2 years after being issued a 

registration under this section.’’. 

(b) FREIGHT FORWARDER UPDATE.—Section 13903 is amended 

by adding at the end the following: 

‘‘(c) UPDATE OF REGISTRATION.—The Secretary shall require 

a freight forwarder to update its registration under this section 

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) BROKER UPDATE.—Section 13904 is amended by adding at 

the end the following: 

‘‘(e) UPDATE OF REGISTRATION.—The Secretary shall require 

a broker to update its registration under this section 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’’. 

(b) TRANSPORTATION OF HAZARDOUS WASTES.—Section 14901(b) 

is amended by striking ‘‘not to exceed $20,000’’ and inserting ‘‘not 

less than $20,000, but not to exceed $40,000’’. 

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 

Deadline. 

Deadline. 


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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 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 has engaged in a pattern or 

practice of, or assisted a motor carrier, employer, or owner 

or operator in avoiding compliance, or masking or otherwise 

concealing noncompliance, while serving as an officer or such 

motor carrier, employer, or owner or operator, the Secretary 

may suspend, amend, or revoke any part of a registration 

granted to the officer individually under section 13902 or 

31134.’’. 

Subtitle B—Commercial Motor Vehicle 

Safety 

SEC. 32201. 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 propertycarrying 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 

Deadline. 

Analysis. 


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roof strength, pillar strength, air bags, and other occupant protections standards, and frontal and back wall standards. 

(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. 32202. CANADIAN SAFETY RATING RECIPROCITY. 

Section 31144 is amended by adding at the end the following: 

‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER SAFETY FIT- NESS 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. 32203. 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— 

‘‘(i) each conviction relating to the operation of 

a commercial motor vehicle; and 

‘‘(ii) each conviction relating to the operation of 

a non-commercial motor vehicle; and 


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‘‘(B) for an unlicensed driver or a driver holding a 

foreign non-commercial driver’s license, each conviction 

relating to the operation of a commercial motor vehicle.’’. 

SEC. 32204. 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. 32205. 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. 

SEC. 32206. RENTAL TRUCK ACCIDENT STUDY. 

(a) DEFINITIONS.—In this section: 

(1) RENTAL TRUCK.—The term ‘‘rental truck’’ means a motor 

vehicle with a gross vehicle weight rating of between 10,000 

and 26,000 pounds that is made available for rental by a 

rental truck company. 

(2) RENTAL TRUCK COMPANY.—The term ‘‘rental truck company’’ means a person or company that is in the business 

of renting or leasing rental trucks to the public or for private 

use. 

(b) STUDY.— 

(1) IN GENERAL.—The Secretary shall conduct a study of 

the safety of rental trucks during the 7-year period ending 

on December 31, 2011. 

(2) REQUIREMENTS.—The study conducted under paragraph 

(1) shall— 

(A) evaluate available data on the number of crashes, 

fatalities, and injuries involving rental trucks and the cause 

of such crashes, utilizing police accident reports and other 

sources; 

(B) estimate the property damage and costs resulting 

from a subset of crashes involving rental truck operations, 

which the Secretary believes adequately reflect all crashes 

involving rental trucks; 

(C) analyze State and local laws regulating rental truck 

companies, including safety and inspection requirements; 

(D) assess the rental truck maintenance programs of 

a selection of small, medium, and large rental truck companies, as selected by the Secretary, including the frequency 

of rental truck maintenance inspections, and compare such 

programs with inspection requirements for passenger 

vehicles and commercial motor vehicles; 

(E) include any other information available regarding 

the safety of rental trucks; and 

(F) review any other information that the Secretary 

determines to be appropriate. 

(c) REPORT.—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 and the 

Committee on Transportation and Infrastructure of the House of 

Representatives that contains— 

Time period. 


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126 STAT. 786 PUBLIC LAW 112–141—JULY 6, 2012 

(1) the findings of the study conducted pursuant to subsection (b); and 

(2) any recommendations for legislation that the Secretary 

determines to be appropriate. 

Subtitle C—Driver Safety 

SEC. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING 

DEVICES. 

(a) HOURS OF SERVICE STUDY.— 

(1) FIELD STUDY.— 

(A) IN GENERAL.—Not later than March 31, 2013, the 

Secretary shall complete a field study on the efficacy of 

the restart rule published on December 27, 2011 (in this 

section referred to as the ‘‘2011 restart rule’’), applicable 

to operators of commercial motor vehicles of property subject to maximum driving time requirements of the Secretary. 

(B) REQUIREMENT.—The field study shall expand upon 

the results of the laboratory-based study relating to 

commercial motor vehicle driver fatigue sponsored by the 

Federal Motor Carrier Safety Administration presented in 

the report of December 2010 titled ‘‘Investigation into 

Motor Carrier Practices to Achieve Optimal Commercial 

Motor Vehicle Driver Performance: Phase I’’. 

(C) CRITERIA.—In conducting the field study, the Secretary shall ensure that— 

(i) the methodology for the field study is consistent, 

to the maximum extent possible, with the laboratorybased study methodology; 

(ii) the data collected is representative of the 

drivers and motor carriers regulated by the hours of 

service regulations, including those drivers and carriers 

affected by the maximum driving time requirements; 

(iii) the analysis is statistically valid; and 

(iv) the field study follows the plan for the ‘‘Scheduling and Fatigue Recovery Project’’ developed by the 

Federal Motor Carrier Safety Administration. 

(D) REPORT TO CONGRESS.—Not later than September 

30, 2013, the Secretary shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate a report detailing the 

results of the field study. 

(b) GENERAL AUTHORITY.—Section 31137 is amended— 

(1) by amending the section heading to read as follows: 

‘‘§ 31137. Electronic logging devices and brake maintenance 

regulations’’; 

(2) by redesignating subsection (b) as subsection (g); and 

(3) by amending (a) to read as follows: 

‘‘(a) USE OF ELECTRONIC LOGGING 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— 

Deadline. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 787 

‘‘(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 logging 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 logging device is not used 

to harass a vehicle operator. 

‘‘(b) ELECTRONIC LOGGING DEVICE REQUIREMENTS.— ‘‘(1) IN GENERAL.—The regulations prescribed under subsection (a) shall— 

‘‘(A) require an electronic logging 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 synchronized to the operation of the 

vehicle engine or be capable of recognizing when the 

vehicle is being operated; 

‘‘(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 logging 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 electronic logging devices to 

ensure that the device meets the performance requirements 

under this section. 

‘‘(2) EFFECT OF NONCERTIFICATION.—Electronic logging 

devices that are 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. 

Applicability. 

Effective date. 


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126 STAT. 788 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(d) ADDITIONAL CONSIDERATIONS.—The Secretary, in prescribing the regulations described in subsection (a), shall consider 

how such regulations may— 

‘‘(1) reduce or eliminate requirements for drivers and motor 

carriers to retain supporting documentation associated with 

paper-based records of duty status if— 

‘‘(A) data contained in an electronic logging device supplants such documentation; and 

‘‘(B) using such data without paper-based records does 

not diminish the Secretary’s ability to audit and review 

compliance with the Secretary’s hours of service regulations; and 

‘‘(2) include such measures as the Secretary determines 

are necessary to protect the privacy of each individual whose 

personal data is contained in an electronic logging device. 

‘‘(e) USE OF DATA.— ‘‘(1) IN GENERAL.—The Secretary may utilize information 

contained in an electronic logging device only to enforce the 

Secretary’s motor carrier safety and related regulations, 

including record-of-duty status regulations. 

‘‘(2) MEASURES TO PRESERVE CONFIDENTIALITY OF PERSONAL

DATA.—The Secretary shall institute appropriate measures to 

preserve the confidentiality of any personal data contained 

in an electronic logging device and disclosed in the course 

of an action taken by the Secretary or by law enforcement 

officials to enforce the regulations referred to in paragraph 

(1). 

‘‘(3) ENFORCEMENT.—The Secretary shall institute appropriate measures to ensure any information collected by electronic logging devices is used by enforcement personnel only 

for the purpose of determining compliance with hours of service 

requirements. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) ELECTRONIC LOGGING DEVICE.—The term ‘electronic 

logging device’ means an electronic device that— 

‘‘(A) is capable of recording a driver’s hours of service 

and duty status accurately and automatically; and 

‘‘(B) meets the requirements established by the Secretary through regulation. 

‘‘(2) TAMPER RESISTANT.—The term ‘tamper resistant’ 

means resistant to allowing any individual to cause an electronic device to record the incorrect date, time, and location 

for changes to on-duty driving status of a commercial motor 

vehicle operator under part 395 of title 49, Code of Federal 

Regulations, or to subsequently alter the record created by 

that device.’’. 

(c) CIVIL PENALTIES.—Section 30165(a)(1) is amended by 

striking ‘‘or 30141 through 30147’’ and inserting ‘‘30141 through 

30147, or 31137’’. 

(d) CONFORMING AMENDMENT.—The analysis for chapter 311 

is amended by striking the item relating to section 31137 and 

inserting the following: 

‘‘31137. Electronic logging devices and brake maintenance regulations.’’. 

SEC. 32302. DRIVER MEDICAL QUALIFICATIONS. 

(a) DEADLINE FOR ESTABLISHMENT OF NATIONAL REGISTRY OF

MEDICAL EXAMINERS.—Not later than 1 year after the date of 

49 USC 31149 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 789 

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, at a minimum, selfcertification, 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) by amending subparagraph (E) to read as follows: 

‘‘(E) require medical examiners to transmit electronically, on a monthly basis, the name of the applicant, a 

numerical identifier, and additional information contained 

on the medical examiner’s certificate for any completed 

medical examination report required under section 391.43 

of title 49, Code of Federal Regulations, to the chief medical 

examiner;’’; 

(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 32302(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). 

49 USC 31149 

note. 

Deadline. 

49 USC 31149 

note. 

Deadline. 

Review. 

Certification. 

Deadline. 


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126 STAT. 790 PUBLIC LAW 112–141—JULY 6, 2012 

(d) ELECTRONIC FILING OF MEDICAL EXAMINATION CERTIFICATES.—Section 31311(a), as amended by sections 32203(b) and 

32305(b) of this Act, is amended by adding at the end the following: 

‘‘(25) Not later than 5 years 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.—The Secretary is authorized to utilize funds provided under section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) 

to support development of costs of the information technology 

needed to carry out section 31311(a)(25) of title 49, United States 

Code. 

SEC. 32303. 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, 

Time period. 

Deadline. 

Records. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 791 

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. 32304. 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 1 year 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 one 

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; 

‘‘(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: 

Deadline. 

Regulations. 

Reports. 

Recommendations. 

Deadlines. 

Deadline. 

49 USC 31304 

note. 


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126 STAT. 792 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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: 

‘‘§ 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. 32305. 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 32203(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. 

‘‘(24) Before renewing or issuing a commercial driver’s 

license to an individual, the State shall request information 

pertaining to the individual from the drug and alcohol clearinghouse maintained under section 31306a.’’; and 

(2) by adding at the end the following: 

‘‘(d) STATE COMMERCIAL DRIVER’S LICENSE PROGRAM PLAN.— 

‘‘(1) IN GENERAL.—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. 

Time period. 

Records. 

Deadline. 

Records. 

Time period. 

Regulations. 

Plan. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 793 

‘‘(2) CONTENTS.—A plan submitted by a State under paragraph (1) shall identify— 

‘‘(A) 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 

‘‘(B) 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 actions to address any deficiencies highlighted 

by the Secretary as critical in the most recent audit of 

the program. 

‘‘(B) DEADLINE FOR COMPLIANCE WITH REQUIREMENTS.—A plan submitted by a State under paragraph 

(1) shall include assurances that the State will take the 

necessary actions to comply with the requirements of subsection (a) not later than September 30, 2015. 

‘‘(4) APPROVAL AND DISAPPROVAL.—The Secretary shall— 

‘‘(A) review each plan submitted under paragraph (1); 

‘‘(B)(i) approve a plan if the Secretary determines that 

the plan meets the requirements under this subsection 

and promotes the goals of this chapter; and 

‘‘(ii) 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), 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. 

‘‘(e) 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.’’. 

SEC. 32306. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION SYSTEMS. 

Section 31106(c) is amended— 

(1) by striking the 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.’’. 

Public 

information. 

Notification. 

Determinations. 

Review. 


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126 STAT. 794 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 32307. EMPLOYER RESPONSIBILITIES. 

Section 31304, as amended by section 32303 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’’. 

SEC. 32308. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER’S LICENSES. 

(a) STUDY.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Secretary, in coordination with 

the Secretary of Defense, and in consultation with the States 

and other relevant stakeholders, shall commence a study to 

assess Federal and State regulatory, economic, and administrative challenges faced by members and former members of the 

Armed Forces, who received safety training and operated qualifying motor vehicles during their service, in obtaining commercial driver’s licenses (as defined in section 31301(3) of title 

49, United States Code). 

(2) REQUIREMENTS.—The study under this subsection 

shall— 

(A) identify written and behind-the-wheel safety 

training, qualification standards, knowledge and skills 

tests, or other operating experience members of the Armed 

Forces must meet that satisfy the minimum standards 

prescribed by the Secretary of Transportation for the operation of commercial motor vehicles under section 31305 

of title 49, United States Code; 

(B) compare the alcohol and controlled substances 

testing requirements for members of the Armed Forces 

with those required for holders of a commercial driver’s 

license; 

(C) evaluate the cause of delays in reviewing applications for commercial driver’s licenses of members and 

former members of the Armed Forces; 

(D) identify duplicative application costs; 

(E) identify residency, domicile, training and testing 

requirements, and other safety or health assessments that 

affect or delay the issuance of commercial driver’s licenses 

to members and former members of the Armed Forces; 

and 

(F) include other factors that the Secretary determines 

to be appropriate to meet the requirements of the study. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the 

commencement of the study under subsection (a), the Secretary 

shall submit a report to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Financial Services of the House of Representatives that contains 

the findings and recommendations from the study. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include— 

(A) findings related to the study requirements under 

subsection (a)(2); 

Deadline. 

49 USC 31301 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 795 

(B) recommendations for the Federal and State legislative, regulatory, and administrative actions necessary to 

address challenges identified in subparagraph (A); and 

(C) a plan to implement the recommendations for which 

the Secretary has authority. 

(c) IMPLEMENTATION.—Not later than 1 year after the date 

of enactment of this Act, the Secretary, in consultation with the 

Secretary of Defense and in cooperation with the States, shall 

implement the recommendations identified in subsection (b) and 

establish accelerated licensing procedures to assist veterans to 

acquire commercial driver’s licenses. 

(d) ACCELERATED LICENSING PROCEDURES.—The procedures 

established under subsection (a) shall be designed to be applicable 

to any veteran who— 

(1) is attempting to acquire a commercial driver’s license; 

and 

(2) obtained, during military service, documented driving 

experience that, in the determination of the Secretary, makes 

the use of accelerated licensing procedures appropriate. 

(e) DEFINITIONS.—In this section: 

(1) COMMERCIAL DRIVER’S LICENSE.—The term ‘‘commercial 

driver’s license’’ has the meaning given that term in section 

31301 of title 49, United States Code. 

(2) STATE.—The term ‘‘State’’ has the meaning given that 

term in section 31301 of title 49, United States Code. 

(3) VETERAN.—The term ‘‘veteran’’ has the meaning given 

that term in section 101 of title 38, United States Code. 

Subtitle 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: 

‘‘§ 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, operate, and maintain 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; 

and 

Deadline. 

Records. 

49 USC 30101 

note. 

Safe Roads Act of 

2012. 

Applicability. 

Deadline. 

Procedures. 

Plan. 

Recommendations. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 796 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(B) to enhance the safety of our United States roadways by reducing accident and injuries involving the misuse 

of alcohol or use of controlled substances by operators 

of commercial motor vehicles. 

‘‘(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 private entity to operate and maintain the clearinghouse and to collect fees on behalf of the Secretary under 

subsection (e). The entity shall operate and maintain 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 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 

Notification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 797 

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 for the purposes of auditing and evaluating the timeliness, accuracy, and completeness of data in 

the clearinghouse. 

‘‘(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 

Notification. 

Determination. 

Time period. 


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126 STAT. 798 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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 continue to comply with the 

alcohol and controlled substances testing requirements under 

title 49, Code of Federal Regulations. 

‘‘(3) EMPLOYMENT PROHIBITIONS.—After the clearinghouse 

is established under subsection (a), at a date determined to 

be appropriate by the Secretary and published in the Federal 

Register, an employer shall utilize the clearinghouse to determine whether any employment prohibitions exist and 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 returnto-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.—After the clearinghouse is established under subsection (a), at a date determined to be appropriate by the Secretary and published in the Federal Register, 

an employer shall request and review a commercial motor 

vehicle operator’s record from the clearinghouse annually for 

Federal Register, 

publication. 

Compliance. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 799 

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.— 

Time period. 

Effective date. 


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126 STAT. 800 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(1) EMPLOYERS.—The Secretary shall establish a process 

for an employer, or an employer’s designated agent, 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. 

‘‘(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 whether a prohibition applies with 

respect to 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 

whether a prohibition applies with respect to 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. 

Procedures. 

Time period. 

Procedures. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 801 

‘‘(i) 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. 

‘‘(j) 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. 

‘‘(k) 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 (1) or (2) of 

subsection (h). 

‘‘(l) 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 

Appeal process. 

Procedures. 

Procedures. 


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126 STAT. 802 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(C) other violations of subpart B of part 382 of title 

49, Code of Federal Regulations (or any subsequent corresponding regulations). 

‘‘(m) DEFINITIONS.—In this section— 

‘‘(1) AUTHORIZED USER.—The term ‘authorized user’ means 

an employer, State licensing authority, 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.’’. 

Subtitle E—Enforcement 

SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS. 

(a) SAFETY INVESTIGATIONS.—Section 504(c) is amended— 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 803 

(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. 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-OFSERVICE 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 


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126 STAT. 804 PUBLIC LAW 112–141—JULY 6, 2012 

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. 32505. 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. 32506. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE 

SAFETY REGULATION AND OPERATORS. 

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

SEC. 32507. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD. 

Section 31310(f) is amended— 

Deadline. 

Notification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 805 

(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. 32508. 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.’’. 

SEC. 32509. GRADE CROSSING SAFETY REGULATIONS. 

Section 112(2) of the Hazardous Materials Transportation 

Authorization Act of 1994 (Public Law 103–311) is amended by 

striking ‘‘315 of such title (relating to motor carrier safety)’’ and 

inserting ‘‘311 of such title (relating to commercial motor vehicle 

safety)’’. 

Subtitle F—Compliance, Safety, 

Accountability 

SEC. 32601. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM. 

(a) IN GENERAL.—Section 31102(b) is amended— 

(1) by amending the heading to read as follows: 

‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—’’; 

(2) by redesignating paragraphs (1) through (3) as (2) 

through (4), respectively; 

(3) 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; 


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126 STAT. 806 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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.’’; 

(4) in paragraph (2), as redesignated— 

(A) by striking ‘‘make a declaration of’’ in subparagraph 

(I) and inserting ‘‘demonstrate’’; 

(B) 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;’’; 

(C) in subparagraph (Q), by inserting ‘‘and dedicated 

sufficient resources to’’ between ‘‘established’’ and ‘‘a program’’; 

(D) in subparagraph (W), by striking ‘‘and’’ after the 

semicolon; 

(E) in subparagraph (X), by striking the period and 

inserting ‘‘; and’’; and 

(F) 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 

(5) 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.’’. 

Requirements. 

Plans. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 807 

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

Section 31106(b) is amended 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(i)(2)(C) 

for knowingly allowing or requiring an employee to 

operate such a commercial motor vehicle in violation 

of an out-of-service order; 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.’’. 

SEC. 32603. AUTHORIZATION OF APPROPRIATIONS. 

(a) MOTOR CARRIER SAFETY GRANTS.—Section 31104(a) is 

amended— 

(1) by striking ‘‘and’’ at the end of paragraph (7); 

(2) by striking paragraph (8); and 

(3) by inserting after paragraph (7) the following: 

‘‘(8) $215,000,000 for fiscal year 2013; and 

‘‘(9) $218,000,000 for fiscal year 2014.’’. 

(b) ADMINISTRATIVE EXPENSES.—Section 31104(i)(1) is 

amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (G); and 

(2) by striking subparagraph (H); and 

(3) by inserting after subparagraph (G) the following: 

‘‘(H) $251,000,000 for fiscal year 2013; and 

‘‘(I) $259,000,000 for fiscal year 2014.’’. 

(c) GRANT PROGRAMS.—Section 4101(c) of SAFETEA-LU (119 

Stat. 1715) is amended to read as follows: 

‘‘(c) GRANT PROGRAMS.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit 

Account) the following sums for the following Federal Motor Carrier 

Safety Administration programs: 

‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT

GRANTS.—For commercial driver’s license program improvement 

grants under section 31313 of title 49, United States Code 

$30,000,000 for each of fiscal years 2013 and 2014. 

‘‘(2) BORDER ENFORCEMENT GRANTS.—For border enforcement grants under section 31107 of such title $32,000,000 

for each of fiscal years 2013 and 2014. 

‘‘(3) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM

MANAGEMENT GRANT PROGRAM.—For the performance and registration information system management grant program under 

section 31109 of such title $5,000,000 for each of fiscal years 

2013 and 2014. 

‘‘(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—For carrying out the commercial vehicle 

information systems and networks deployment program under 

section 4126 of this Act, $25,000,000 for each of fiscal years 

2013 and 2014. 


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126 STAT. 808 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For safety data 

improvement grants under section 4128 of this Act, $3,000,000 

for each of fiscal years 2013 and 2014.’’. 

(d) HIGH-PRIORITY ACTIVITIES.—Section 31104(k)(2) is amended 

by striking ‘‘2011 and $11,250,000 for the period beginning on 

October 1, 2011, and ending on June 30, 2012,’’ and inserting 

‘‘2014’’. 

(e) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) is amended 

to read as follows: 

‘‘(B) SET ASIDE.—The Secretary shall set aside from 

amounts made available by section 31104(a) up to 

$32,000,000 per fiscal year for audits of new entrant motor 

carriers conducted pursuant to this paragraph.’’. 

(f) OUTREACH AND EDUCATION.—Section 4127(e) of SAFETEALU (119 Stat. 1741) is amended to read as follows: 

‘‘(e) FUNDING.—From amounts made available under section 

31104(i) of title 49, United States Code, the Secretary shall make 

available $4,000,000 to the Federal Motor Carrier Safety Administration for each of fiscal years 2013 and 2014 to carry out this 

section (other than subsection (f)).’’. 

(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.—Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) 

is amended by striking ‘‘2011 and $750,000 for the period beginning 

on October 1, 2011, and ending on June 30, 2012,’’ and inserting 

‘‘2014’’. 

(h) BORDER ENFORCEMENT GRANTS.—Section 31107 is 

amended— 

(1) by striking subsection (b); and 

(2) redesignating subsections (c) and (d) as subsections 

(b) and (c), respectively. 

(i) ADMINISTRATION OF GRANT PROGRAMS.—The Secretary is 

authorized to identify and implement processes to reduce the 

administrative burden on the States and the Department of 

Transportation concerning the application and management of the 

grant programs authorized under chapter 311 and chapter 313 

of title 49, United States Code. 

SEC. 32604. GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM 

IMPLEMENTATION. 

(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM

IMPLEMENTATION.—Section 31313(a) is amended to read as follows: 

‘‘(a) 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, 

including expenses— 

‘‘(i) for computer hardware and software; 

‘‘(ii) for publications, testing, personnel, training, 

and quality control; 

‘‘(iii) for commercial driver’s license program 

coordinators; 

49 USC 31100 

note. 

Time period. 

49 USC 31100 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 809 

‘‘(iv) 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 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012. 

‘‘(2) PROHIBITIONS.—A State may not use grant funds under 

this subsection to rent, lease, or buy land or buildings.’’. 

(b) CONFORMING AMENDMENT.— (1) The heading for section 31313 is amended by striking ‘‘improvements’’ and inserting ‘‘implementation’’. 

(2) The analysis of chapter 313 is amended by striking 

the item relating to section 31313 and inserting the following: 

‘‘31313. Grants for commercial driver’s license program implementation.’’. 

SEC. 32605. 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 

49 USC 31136 

note. 

49 USC 31136 

note. 

Motorcoach 

Enhanced Safety 

Act of 2012. 

Deadline. 

Reports. 


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126 STAT. 810 PUBLIC LAW 112–141—JULY 6, 2012 

and providing the driver a low tire pressure warning as to 

which specific tire is significantly under-inflated. 

(5) 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). 

(6) 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. 

(7) MOTORCOACH SERVICES.—The term ‘‘motorcoach services’’ means passenger transportation by motorcoach for compensation. 

(8) 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). 

(9) 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. 

(10) 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. 

(11) PUBLIC TRANSPORTATION.—The term ‘‘public transportation’’ has the meaning given the term in section 5302 of 

title 49, United States Code. 

(12) SAFETY BELT.—The term ‘‘safety belt’’ has the meaning 

given the term in section 153(i)(4)(B) of title 23, United States 

Code. 

(13) 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 regulations that address the following commercial 

motor vehicle standards, if the Secretary determines that such 

standards meet the requirements and considerations set forth in 

subsections (a) and (b) of section 30111 of title 49, United States 

Code: 

(1) ROOF STRENGTH AND CRUSH RESISTANCE.—The Secretary 

shall establish improved roof and roof support standards for 

Deadlines. 

49 USC 31136 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 811 

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 consider requiring advanced glazing standards for 

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 consider requiring 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 consider requiring 

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, if the Secretary determines that such standards 

meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States 

Code. 

(2) PERFORMANCE REQUIREMENTS.—In any standard 

adopted under paragraph (1), the Secretary shall include 

performance requirements to meet the objectives identified in 

paragraph (1) of this subsection. 

(d) TIRE PERFORMANCE STANDARD.—Not later than 3 years 

after the date of enactment of this Act, the Secretary shall consider— 

(1) issuing a rule to upgrade 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 does not 

meet 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; 

(B) the Committee on Transportation and Infrastructure of the House of Representatives; and 

(C) the Committee on Energy and Commerce of the 

House of Representatives. 

(e) APPLICATION OF REGULATIONS.— 

(1) NEW MOTORCOACHES.—Any regulation prescribed in 

accordance with subsection (a), (b), (c), or (d) shall— 

(A) apply to all motorcoaches manufactured more than 

3 years after the date on which the regulation is published 

as a final rule; 

Reports. 

Deadline. 

Deadline. 

Standards. 


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126 STAT. 812 PUBLIC LAW 112–141—JULY 6, 2012 

(B) take into account the impact to seating capacity 

of changes to size and weight of motorcoaches and the 

ability to comply with State and Federal size and weight 

requirements; and 

(C) be based on the best available science. 

(2) RETROFIT ASSESSMENT FOR EXISTING MOTORCOACHES.— (A) IN GENERAL.—The Secretary may assess the feasibility, benefits, and costs with respect to 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). 

(B) REPORT.—The Secretary shall submit a report on 

the assessment to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on 

Energy and Commerce of the House of Representatives 

not later than 2 years after the date of enactment of 

this Act. 

SEC. 32704. FIRE PREVENTION AND MITIGATION. 

(a) RESEARCH AND TESTING.—The Secretary shall conduct 

research and testing to determine the most prevalent causes of 

motorcoach fires and the best methods to prevent such fires and 

to mitigate the effect of such fires, both inside and outside the 

motorcoach. Such research and testing shall consider flammability 

of exterior components, smoke suppression, prevention of and resistance to wheel well fires, automatic fire suppression, passenger 

evacuation, causation and prevention of motorcoach fires, and 

improved fire extinguishers. 

(b) STANDARDS.—Not later than 3 years after the date of enactment of this Act, the Secretary may issue fire prevention and 

mitigation standards for motorcoaches, based on the results of the 

Secretary’s research and testing, taking into account highway size 

and weight restrictions applicable to motorcoaches, if the Secretary 

determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of 

title 49, United States Code. 

SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE 

CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND 

TESTING. 

(a) SAFETY RESEARCH INITIATIVES.—Not later than 3 years after 

the date of enactment of this Act, the Secretary shall complete 

the following research and testing: 

(1) INTERIOR IMPACT PROTECTION.—The Secretary shall 

research and test enhanced occupant impact protection technologies for motorcoach interiors to reduce serious injuries for 

all passengers of motorcoaches. 

(2) COMPARTMENTALIZATION SAFETY COUNTERMEASURES.— 

The Secretary shall research and test enhanced 

compartmentalization safety countermeasures for 

motorcoaches, including enhanced seating designs. 

(3) 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 

Deadline. 

Deadlines. 

49 USC 31136 

note. 

Deadline. 

49 USC 31136 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 813 

(a), the Secretary shall issue final motor vehicle safety standards 

if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of 

section 30111 of title 49, United States Code. 

SEC. 32706. CONCURRENCE OF RESEARCH AND RULEMAKING. 

(a) REQUIREMENTS.—To the extent feasible, the Secretary shall 

ensure that research programs are carried out concurrently, and 

in a manner that concurrently assesses results, potential countermeasures, costs, and benefits. 

(b) AUTHORITY TO COMBINE RULEMAKINGS.—When considering 

each of the rulemaking provisions, the Secretary may initiate a 

single rulemaking proceeding encompassing all aspects or may combine the rulemakings as the Secretary deems appropriate. 

(c) CONSIDERATIONS.—If the Secretary undertakes separate 

rulemaking proceedings, the Secretary shall— 

(1) consider whether each added aspect of rulemaking may 

contribute to addressing the safety need determined to require 

rulemaking; 

(2) consider the benefits obtained through the safety belts 

rulemaking in section 32703(a); and 

(3) avoid duplicative benefits, costs, and countermeasures. 

SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS. 

(a) SAFETY REVIEWS.—Section 31144, as amended by section 

32202 of this Act, is amended by adding at the end the following: 

‘‘(i) PERIODIC SAFETY REVIEWS OF OWNERS AND OPERATORS

OF INTERSTATE FOR-HIRE COMMERCIAL MOTOR VEHICLES DESIGNED

OR USED TO TRANSPORT PASSENGERS.— 

‘‘(1) SAFETY REVIEW.— 

‘‘(A) IN GENERAL.—The Secretary shall— 

‘‘(i) determine the safety fitness of each motor carrier of passengers who the Secretary registers under 

section 13902 or 31134 through a simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier; 

and 

‘‘(ii) assign a safety fitness rating to each such 

motor carrier. 

‘‘(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 motor carrier of passengers 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 

Regulations. 

Time periods. 

Determination. 

49 USC 31136 

note. 

49 USC 31136 

note. 


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126 STAT. 814 PUBLIC LAW 112–141—JULY 6, 2012 

paragraph (2), the Secretary may organize special enforcement 

strike forces targeting motor carriers of passengers. 

‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RATING.—In conducting the safety reviews required under this subsection, the 

Secretary shall— 

‘‘(A) reassess the safety fitness rating of each motor 

carrier of passengers not less frequently than once every 

3 years; and 

‘‘(B) annually assess the safety fitness of certain motor 

carriers of passengers that serve primarily urban areas 

with high passenger loads.’’. 

(b) DISCLOSURE OF SAFETY PERFORMANCE RATINGS OF MOTORCOACH SERVICES AND OPERATIONS.— 

(1) DEFINITIONS.—In this subsection: 

(A) MOTORCOACH.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

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). 

(ii) EXCLUSIONS.—The term ‘‘motorcoach’’ does not 

include— 

(I) a bus used in public transportation that 

is provided by a State or local government; or 

(II) a school bus (as defined in section 

30125(a)(1) of title 49, United States Code), 

including a multifunction school activity bus. 

(B) MOTORCOACH SERVICES AND OPERATIONS.—The 

term ‘‘motorcoach services and operations’’ means passenger transportation by a motorcoach for compensation. 

(2) REQUIREMENTS FOR THE DISCLOSURE OF SAFETY

PERFORMANCE RATINGS OF MOTORCOACH SERVICES AND OPERATIONS.— 

(A) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall establish, 

through notice and opportunity for public to comment, 

requirements to improve the accessibility to the public 

of safety rating information of motorcoach services and 

operations. 

(B) DISPLAY.—In establishing the requirements under 

subparagraph (A), the Secretary shall consider requirements for each motor carrier that owns or leases 1 or 

more motorcoaches that transport passengers subject to 

the Secretary’s jurisdiction under section 13501 of title 

49, United States Code, to prominently display safety fitness information pursuant to section 31144 of title 49, 

United States Code— 

(i) in each terminal of departure; 

(ii) in the motorcoach and visible from a position 

exterior to the vehicle at the point of departure, if 

the motorcoach does not depart from a terminal; and 

(iii) at all points of sale for such motorcoach services and operations. 

Deadline. 

Notice. 

Public comments. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 815 

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 of Transportation 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 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. COMMERCIAL DRIVER’S LICENSE PASSENGER ENDORSEMENT REQUIREMENTS. 

(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of this Act, the Secretary of Transportation shall review 

and assess the current knowledge and skill testing requirements 

for a commercial driver’s license passenger endorsement to determine what improvements to the knowledge test, the examination 

of driving skills, and the application of such requirements are 

necessary to ensure the safe operation of commercial motor vehicles 

designed or used to transport passengers. 

(b) REPORT.—Not later than 120 days after completion of the 

review and assessment under subsection (a), the Secretary of 

Transportation shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— 

(1) a report on the review and assessment conducted under 

subsection (a); 

(2) a plan to implement any changes to the knowledge 

and skills tests; and 

(3) a timeframe by which the Secretary will implement 

the changes. 

SEC. 32710. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR 

VEHICLES OF PASSENGERS. 

Not later than 3 years after the date of enactment of this 

Act, the Secretary of Transportation shall complete a rulemaking 

proceeding to consider requiring States to establish a program 

for 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 inspection program. 

SEC. 32711. 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. 

49 USC 31136 

note. 

Deadline. 

Regulations. 

49 USC 31136 

note. 

Deadline. 

Review. 

Assessment. 

49 USC 31136 

note. 

49 USC 31136 

note. 


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126 STAT. 816 PUBLIC LAW 112–141—JULY 6, 2012 

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 

45 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 evaluate factors 

related to accident risk of vehicles that operate with size and 

weight limits that are in excess of the Federal law and regulations in each State that allows vehicles to operate with size 

and weight limits that are in excess of the Federal law and 

regulations, or to operate under a Federal exemption or grandfather right, in comparison to vehicles that do not operate 

in excess of Federal law and regulations (other than vehicles 

with exemptions or grandfather rights); 

(2) evaluate the impacts to the infrastructure in each State 

that allows a vehicle to operate with size and weight limits 

that are in excess of the Federal law and regulations, or to 

operate under a Federal exemption or grandfather right, in 

comparison to vehicles that do not operate in excess of Federal 

law and regulations (other than vehicles with exemptions or 

grandfather rights), including— 

(A) the cost and benefits of the impacts in dollars; 

(B) the percentage of trucks operating in excess of 

the Federal size and weight limits; and 

(C) the ability of each State to recover the cost for 

the impacts, or the benefits incurred; 

(3) evaluate the frequency of violations in excess of the 

Federal size and weight law and regulations, the cost of the 

enforcement of the law and regulations, and the effectiveness 

of the enforcement methods; 

(4) assess the impacts that vehicles that operate with size 

and weight limits in excess of the Federal law and regulations, 

or that operate under a Federal exemption or grandfather right, 

in comparison to vehicles that do not operate in excess of 

Federal law and regulations (other than vehicles with exemptions or grandfather rights), have on bridges, including the 

impacts resulting from the number of bridge loadings; 

(5) compare and contrast the potential safety and infrastructure impacts of the current Federal law and regulations 

regarding truck size and weight limits in relation to— 

(A) six-axle and other alternative configurations of 

tractor-trailers; and 

(B) where available, safety records of foreign nations 

with truck size and weight limits and tractor-trailer 

configurations that differ from the Federal law and regulations; and 

(6) estimate— 

(A) the extent to which freight would likely be diverted 

from other surface transportation modes to principal arterial routes and National Highway System intermodal 

connectors if alternative truck configuration is allowed to 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 817 

operate and the effect that any such diversion would have 

on other modes of transportation; 

(B) the effect that any such diversion would have on 

public safety, infrastructure, cost responsibilities, fuel efficiency, freight transportation costs, and the environment; 

(C) the effect on the transportation network of the 

United States that allowing alternative truck configuration 

to operate would have; and 

(D) whether allowing alternative truck configuration 

to operate would result in an increase or decrease in the 

total number of trucks operating on principal arterial 

routes and National Highway System intermodal connectors; and 

(7) identify all Federal rules and regulations impacted by 

changes in truck size and weight limits. 

(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 

Lists. 

Deadline. 


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126 STAT. 818 PUBLIC LAW 112–141—JULY 6, 2012 

(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. 

Subtitle I—Miscellaneous 

PART I—MISCELLANEOUS 

SEC. 32911. 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. 32912. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 

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 ‘‘June 30, 2012’’ and inserting ‘‘September 30, 2013’’. 

SEC. 32913. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 

(a) 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’’. 

(b) PROVIDING NOTICE OF EXEMPTIONS TO STATE PERSONNEL.— Section 31315(b)(7) is amended to read as follows: 

Federal Register, 

publication. 

Web posting. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 819 

‘‘(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 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.’’. 

(c) PILOT PROGRAMS.—Section 31315(c)(1) is amended by 

striking ‘‘in the Federal Register’’. 

(d) 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. 32914. REGISTRATION REQUIREMENTS. 

(a) REQUIREMENTS FOR REGISTRATION.—Section 13901 is 

amended to read as follows: 

‘‘§ 13901. Requirements for registration 

‘‘(a) IN GENERAL.—A person may provide transportation as 

a motor carrier subject to jurisdiction under subchapter I of chapter 

135 or service as a freight forwarder subject to jurisdiction under 

subchapter III of such chapter, or service as a broker for transportation subject to jurisdiction under subchapter I of such chapter 

only if the person is registered under this chapter to provide such 

transportation or service. 

‘‘(b) REGISTRATION NUMBERS.— 

‘‘(1) IN GENERAL.—If the Secretary registers a person under 

this chapter to provide transportation or service, including as 

a motor carrier, freight forwarder, or broker, the Secretary 

shall issue a distinctive registration number to the person 

for each such authority to provide transportation or service 

for which the person is registered. 

‘‘(2) TRANSPORTATION OR SERVICE TYPE INDICATOR.—A 

number issued under paragraph (1) shall include an indicator 

of the type of transportation or service for which the registration 

number is issued, including whether the registration number 

is issued for registration of a motor carrier, freight forwarder, 

or broker. 

‘‘(c) SPECIFICATION OF AUTHORITY.—For each agreement to provide transportation or service for which registration is required 

under this chapter, the registrant shall specify, in writing, the 

authority under which the person is providing such transportation 

or service.’’. 

(b) AVAILABILITY OF INFORMATION.— 

Public 

information. 


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126 STAT. 820 PUBLIC LAW 112–141—JULY 6, 2012 

(1) IN GENERAL.—Chapter 139 is amended by adding at 

the end the following: 

‘‘§ 13909. Availability of information 

‘‘The Secretary shall make information relating to registration 

and financial security required by this chapter publicly available 

on the Internet, including— 

‘‘(1) the names and business addresses of the principals 

of each entity holding such registration; 

‘‘(2) the status of such registration; and 

‘‘(3) the electronic address of the entity’s surety provider 

for the submission of claims.’’. 

(2) CONFORMING AMENDMENT.—The analysis for chapter 

139 is amended by adding at the end the following: 

‘‘13909. Availability of information.’’. 

SEC. 32915. ADDITIONAL MOTOR CARRIER REGISTRATION REQUIREMENTS. 

Section 13902, as amended by sections 32101 and 32107(a) 

of this Act, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘using self-propelled 

vehicles the motor carrier owns, rents, or leases’’ after 

‘‘motor carrier’’; and 

(B) by adding at the end the following: 

‘‘(6) SEPARATE REGISTRATION REQUIRED.—A motor carrier 

may not broker transportation services unless the motor carrier 

has registered as a broker under this chapter.’’; and 

(2) by inserting after subsection (h) the following: 

‘‘(i) REGISTRATION AS FREIGHT FORWARDER OR BROKER

REQUIRED.—A motor carrier registered under this chapter— 

‘‘(1) may only provide transportation of property with— 

‘‘(A) self-propelled motor vehicles owned or leased by 

the motor carrier; or 

‘‘(B) interchanges under regulations issued by the Secretary if the originating carrier— 

‘‘(i) physically transports the cargo at some point; 

and 

‘‘(ii) retains liability for the cargo and for payment 

of interchanged carriers; and 

‘‘(2) may not arrange transportation described in paragraph 

(1) unless the motor carrier has obtained a separate registration 

as a freight forwarder or broker for transportation under section 

13903 or 13904, as applicable.’’. 

SEC. 32916. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS. 

(a) REGISTRATION OF FREIGHT FORWARDERS.—Section 13903, 

as amended by section 32107(b) of this Act, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘finds that the person is fit’’ and 

inserting the following: ‘‘determines that the person— 

‘‘(1) has sufficient experience to qualify the person to act 

as a freight forwarder; and 

‘‘(2) is fit’’; and 

(B) by striking ‘‘and the Board’’; 

(2) by redesignating subsections (b) and (c) as subsections 

(d) and (e), respectively; 

Public 

information. 

Web posting. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 821 

(3) by inserting after subsection (a) the following: 

‘‘(b) DURATION.—A registration issued under subsection (a) shall 

only remain in effect while the freight forwarder is in compliance 

with section 13906(c). 

‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.—Each freight forwarder shall employ, as an officer, an individual who— 

‘‘(1) has at least 3 years of relevant experience; or 

‘‘(2) provides the Secretary with satisfactory evidence of 

the individual’s knowledge of related rules, regulations, and 

industry practices.’’; and 

(4) by amending subsection (d), as redesignated, to read 

as follows: 

‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.— ‘‘(1) IN GENERAL.—A freight forwarder may not provide 

transportation as a motor carrier unless the freight forwarder 

has registered separately under this chapter to provide 

transportation as a motor carrier.’’. 

(b) REGISTRATION OF BROKERS.—Section 13904, as amended 

by section 32107(c) of this Act, is amended— 

(1) in subsection (a), by striking ‘‘finds that the person 

is fit’’ and inserting the following: ‘‘determines that the person— 

‘‘(1) has sufficient experience to qualify the person to act 

as a broker for transportation; and 

‘‘(2) is fit’’; 

(2) by redesignating subsections (b), (c), (d), and (e) as 

subsections (d), (e), (f), and (g) respectively; 

(3) by inserting after subsection (a) the following: 

‘‘(b) DURATION.—A registration issued under subsection (a) shall 

only remain in effect while the broker for transportation is in 

compliance with section 13906(b). 

‘‘(c) EXPERIENCE OR TRAINING REQUIREMENTS.—Each broker 

shall employ, as an officer, an individual who— 

‘‘(1) has at least 3 years of relevant experience; or 

‘‘(2) provides the Secretary with satisfactory evidence of 

the individual’s knowledge of related rules, regulations, and 

industry practices.’’; 

(4) by amending subsection (d), as redesignated, to read 

as follows: 

‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.— 

‘‘(1) IN GENERAL.—A broker for transportation may not 

provide transportation as a motor carrier unless the broker 

has registered separately under this chapter to provide 

transportation as a motor carrier. 

‘‘(2) LIMITATION.—This subsection does not apply to a motor 

carrier registered under this chapter or to an employee or 

agent of the motor carrier to the extent the transportation 

is to be provided entirely by the motor carrier, with other 

registered motor carriers, or with rail or water carriers.’’; and 

(5) by amending subsection (e), as redesignated, to read 

as follows: 

‘‘(e) REGULATION TO PROTECT MOTOR CARRIERS AND SHIPPERS.— Regulations of the Secretary applicable to brokers registered under 

this section shall provide for the protection of motor carriers and 

shippers by motor vehicle.’’. 

SEC. 32917. EFFECTIVE PERIODS OF REGISTRATION. 

Section 13905(c) is amended to read as follows: 


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126 STAT. 822 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(c) EFFECTIVE PERIOD.— 

‘‘(1) IN GENERAL.—Except as otherwise provided in this 

part, each registration issued under section 13902, 13903, or 

13904— 

‘‘(A) shall be effective beginning on the date specified 

by the Secretary; and 

‘‘(B) shall remain in effect for such period as the Secretary determines appropriate by regulation. 

‘‘(2) REISSUANCE OF REGISTRATION.— 

‘‘(A) REQUIREMENT.—Not later than 4 years after the 

date of enactment of the Commercial Motor Vehicle Safety 

Enhancement Act of 2012, the Secretary shall require a 

freight forwarder or broker to renew its registration issued 

under this chapter. 

‘‘(B) EFFECTIVE PERIOD.—Each registration renewal 

under subparagraph (A)— 

‘‘(i) shall expire not later than 5 years after the 

date of such renewal; and 

‘‘(ii) may be further renewed as provided under 

this chapter.’’. 

SEC. 32918. FINANCIAL SECURITY OF BROKERS AND FREIGHT FORWARDERS. 

(a) IN GENERAL.—Section 13906 is amended by striking subsections (b) and (c) and inserting the following: 

‘‘(b) BROKER FINANCIAL SECURITY REQUIREMENTS.— 

‘‘(1) REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Secretary may register a person 

as a broker under section 13904 only if the person files 

with the Secretary a surety bond, proof of trust fund, 

or other financial security, or a combination thereof, in 

a form and amount, and from a provider, determined by 

the Secretary to be adequate to ensure financial responsibility. 

‘‘(B) USE OF A GROUP SURETY BOND, TRUST FUND, OR

OTHER SURETY.—In implementing the standards established by subparagraph (A), the Secretary may authorize 

the use of a group surety bond, trust fund, or other financial 

security, or a combination thereof, that meets the requirements of this subsection. 

‘‘(C) PROOF OF TRUST OR OTHER FINANCIAL SECURITY.— 

For purposes of subparagraph (A), a trust fund or other 

financial security may be acceptable to the Secretary only 

if the trust fund or other financial security consists of 

assets readily available to pay claims without resort to 

personal guarantees or collection of pledged accounts 

receivable. 

‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 

‘‘(A) PAYMENT OF CLAIMS.—A surety bond, trust fund, 

or other financial security obtained under paragraph (1) 

shall be available to pay any claim against a broker arising 

from its failure to pay freight charges under its contracts, 

agreements, or arrangements for transportation subject to 

jurisdiction under chapter 135 if— 

‘‘(i) subject to the review by the surety provider, 

the broker consents to the payment; 

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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 823 

‘‘(ii) in any case in which the broker does not 

respond to adequate notice to address the validity of 

the claim, the surety provider determines that the 

claim is valid; or 

‘‘(iii) the claim is not resolved within a reasonable 

period of time following a reasonable attempt by the 

claimant to resolve the claim under clauses (i) and 

(ii), and the claim is reduced to a judgment against 

the broker. 

‘‘(B) RESPONSE OF SURETY PROVIDERS TO CLAIMS.—If 

a surety provider receives notice of a claim described in 

subparagraph (A), the surety provider shall— 

‘‘(i) respond to the claim on or before the 30th 

day following the date on which the notice was 

received; and 

‘‘(ii) in the case of a denial, set forth in writing 

for the claimant the grounds for the denial. 

‘‘(C) COSTS AND ATTORNEY’S FEES.—In any action 

against a surety provider to recover on a claim described 

in subparagraph (A), the prevailing party shall be entitled 

to recover its reasonable costs and attorney’s fees. 

‘‘(3) MINIMUM FINANCIAL SECURITY.—Each broker subject 

to the requirements of this section shall provide financial security of $75,000 for purposes of this subsection, regardless of 

the number of branch offices or sales agents of the broker. 

‘‘(4) CANCELLATION NOTICE.—If a financial security required 

under this subsection is canceled— 

‘‘(A) the holder of the financial security shall provide 

electronic notification to the Secretary of the cancellation 

not later than 30 days before the effective date of the 

cancellation; and 

‘‘(B) the Secretary shall immediately post such notification on the public Internet Website of the Department 

of Transportation. 

‘‘(5) SUSPENSION.—The Secretary shall immediately suspend the registration of a broker issued under this chapter 

if the available financial security of that person falls below 

the amount required under this subsection. 

‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINANCIAL FAILURE

OR INSOLVENCY.—If a broker registered under this chapter 

experiences financial failure or insolvency, the surety provider 

of the broker shall— 

‘‘(A) submit a notice to cancel the financial security 

to the Administrator in accordance with paragraph (4); 

‘‘(B) publicly advertise for claims for 60 days beginning 

on the date of publication by the Secretary of the notice 

to cancel the financial security; and 

‘‘(C) pay, not later than 30 days after the expiration 

of the 60-day period for submission of claims— 

‘‘(i) all uncontested claims received during such 

period; or 

‘‘(ii) a pro rata share of such claims if the total 

amount of such claims exceeds the financial security 

available. 

‘‘(7) PENALTIES.— ‘‘(A) CIVIL ACTIONS.—Either the Secretary or the 

Attorney General of the United States may bring a civil 

Deadline. 

Notification. 

Public 

information. 

Time period. 

Web posting. 

Deadline. 

Deadline. 


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126 STAT. 824 PUBLIC LAW 112–141—JULY 6, 2012 

action in an appropriate district court of the United States 

to enforce the requirements of this subsection or a regulation prescribed or order issued under this subsection. The 

court may award appropriate relief, including injunctive 

relief. 

‘‘(B) CIVIL PENALTIES.—If the Secretary determines, 

after notice and opportunity for a hearing, that a surety 

provider of a broker registered under this chapter has 

violated the requirements of this subsection or a regulation 

prescribed under this subsection, the surety provider shall 

be liable to the United States for a civil penalty in an 

amount not to exceed $10,000. 

‘‘(C) ELIGIBILITY.—If the Secretary determines, after 

notice and opportunity for a hearing, that a surety provider 

of a broker registered under this chapter has violated the 

requirements of this subsection or a regulation prescribed 

under this subsection, the surety provider shall be ineligible 

to provider broker financial security for 3 years. 

‘‘(8) DEDUCTION OF COSTS PROHIBITED.—The amount of the 

financial security required under this subsection may not be 

reduced by deducting attorney’s fees or administrative costs. 

‘‘(c) FREIGHT FORWARDER FINANCIAL SECURITY REQUIREMENTS.— 

‘‘(1) REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Secretary may register a person 

as a freight forwarder under section 13903 only if the 

person files with the Secretary a surety bond, proof of 

trust fund, other financial security, or a combination of 

such instruments, in a form and amount, and from a provider, determined by the Secretary to be adequate to ensure 

financial responsibility. 

‘‘(B) USE OF A GROUP SURETY BOND, TRUST FUND, OR

OTHER FINANCIAL SECURITY.—In implementing the standards established under subparagraph (A), the Secretary 

may authorize the use of a group surety bond, trust fund, 

other financial security, or a combination of such 

instruments, that meets the requirements of this subsection. 

‘‘(C) SURETY BONDS.—A surety bond obtained under 

this section may only be obtained from a bonding company 

that has been approved by the Secretary of the Treasury. 

‘‘(D) PROOF OF TRUST OR OTHER FINANCIAL SECURITY.— 

For purposes of subparagraph (A), a trust fund or other 

financial security may not be accepted by the Secretary 

unless the trust fund or other financial security consists 

of assets readily available to pay claims without resort 

to personal guarantees or collection of pledged accounts 

receivable. 

‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 

‘‘(A) PAYMENT OF CLAIMS.—A surety bond, trust fund, 

or other financial security obtained under paragraph (1) 

shall be available to pay any claim against a freight forwarder arising from its failure to pay freight charges under 

its contracts, agreements, or arrangements for transportation subject to jurisdiction under chapter 135 if— 

‘‘(i) subject to the review by the surety provider, 

the freight forwarder consents to the payment; 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 825 

‘‘(ii) in the case the freight forwarder does not 

respond to adequate notice to address the validity of 

the claim, the surety provider determines the claim 

is valid; or 

‘‘(iii) the claim— 

‘‘(I) is not resolved within a reasonable period 

of time following a reasonable attempt by the 

claimant to resolve the claim under clauses (i) 

and (ii); and 

‘‘(II) is reduced to a judgment against the 

freight forwarder. 

‘‘(B) RESPONSE OF SURETY PROVIDERS TO CLAIMS.—If 

a surety provider receives notice of a claim described in 

subparagraph (A), the surety provider shall— 

‘‘(i) respond to the claim on or before the 30th 

day following receipt of the notice; and 

‘‘(ii) in the case of a denial, set forth in writing 

for the claimant the grounds for the denial. 

‘‘(C) COSTS AND ATTORNEY’S FEES.—In any action 

against a surety provider to recover on a claim described 

in subparagraph (A), the prevailing party shall be entitled 

to recover its reasonable costs and attorney’s fees. 

‘‘(3) FREIGHT FORWARDER INSURANCE.— 

‘‘(A) IN GENERAL.—The Secretary may register a person 

as a freight forwarder under section 13903 only if the 

person files with the Secretary a surety bond, insurance 

policy, or other type of financial security that meets standards prescribed by the Secretary. 

‘‘(B) LIABILITY INSURANCE.—A financial security filed 

by a freight forwarder under subparagraph (A) shall be 

sufficient to pay an amount, not to exceed the amount 

of the financial security, for each final judgment against 

the freight forwarder for bodily injury to, or death of, 

an individual, or loss of, or damage to, property (other 

than property referred to in subparagraph (C)), resulting 

from the negligent operation, maintenance, or use of motor 

vehicles by, or under the direction and control of, the 

freight forwarder while providing transfer, collection, or 

delivery service under this part. 

‘‘(C) CARGO INSURANCE.—The Secretary may require 

a registered freight forwarder to file with the Secretary 

a surety bond, insurance policy, or other type of financial 

security approved by the Secretary, that will pay an 

amount, not to exceed the amount of the financial security, 

for loss of, or damage to, property for which the freight 

forwarder provides service. 

‘‘(4) MINIMUM FINANCIAL SECURITY.—Each freight forwarder 

subject to the requirements of this section shall provide financial security of $75,000, regardless of the number of branch 

offices or sales agents of the freight forwarder. 

‘‘(5) CANCELLATION NOTICE.—If a financial security required 

under this subsection is canceled— 

‘‘(A) the holder of the financial security shall provide 

electronic notification to the Secretary of the cancellation 

not later than 30 days before the effective date of the 

cancellation; and 

Deadline. 

Deadline. 

Notice. 


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126 STAT. 826 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(B) the Secretary shall immediately post such notification on the public Internet web site of the Department 

of Transportation. 

‘‘(6) SUSPENSION.—The Secretary shall immediately suspend the registration of a freight forwarder issued under this 

chapter if its available financial security falls below the amount 

required under this subsection. 

‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINANCIAL FAILURE

OR INSOLVENCY.—If a freight forwarder registered under this 

chapter experiences financial failure or insolvency, the surety 

provider of the freight forwarder shall— 

‘‘(A) submit a notice to cancel the financial security 

to the Administrator in accordance with paragraph (5); 

‘‘(B) publicly advertise for claims for 60 days beginning 

on the date of publication by the Secretary of the notice 

to cancel the financial security; and 

‘‘(C) pay, not later than 30 days after the expiration 

of the 60-day period for submission of claims— 

‘‘(i) all uncontested claims received during such 

period; or 

‘‘(ii) a pro rata share of such claims if the total 

amount of such claims exceeds the financial security 

available. 

‘‘(8) PENALTIES.— 

‘‘(A) CIVIL ACTIONS.—Either the Secretary or the 

Attorney General may bring a civil action in an appropriate 

district court of the United States to enforce the requirements of this subsection or a regulation prescribed or order 

issued under this subsection. The court may award appropriate relief, including injunctive relief. 

‘‘(B) CIVIL PENALTIES.—If the Secretary determines, 

after notice and opportunity for a hearing, that a surety 

provider of a freight forwarder registered under this 

chapter has violated the requirements of this subsection 

or a regulation prescribed under this subsection, the surety 

provider shall be liable to the United States for a civil 

penalty in an amount not to exceed $10,000. 

‘‘(C) ELIGIBILITY.—If the Secretary determines, after 

notice and opportunity for a hearing, that a surety provider 

of a freight forwarder registered under this chapter has 

violated the requirements of this subsection or a regulation 

prescribed under this subsection, the surety provider shall 

be ineligible to provide freight forwarder financial security 

for 3 years 

‘‘(9) DEDUCTION OF COSTS PROHIBITED.—The amount of the 

financial security required under this subsection may not be 

reduced by deducting attorney’s fees or administrative costs.’’. 

(b) RULEMAKING.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations to implement 

and enforce the requirements under subsections (b) and (c) of section 

13906 of title 49, United States Code, as amended by subsection 

(a). 

(c) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date that is 1 year after the date 

of enactment of this Act. 

49 USC 13906 

note. 

Deadline. 

49 USC 13906 

note. 

Deadline. 

Public 

information. 

Time period. 

Notice. 

Web posting. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 827 

SEC. 32919. UNLAWFUL BROKERAGE ACTIVITIES. 

(a) IN GENERAL.—Chapter 149 is amended by adding at the 

end the following: 

‘‘SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES. 

‘‘(a) PROHIBITED ACTIVITIES.—A person may provide interstate 

brokerage services as a broker only if that person— 

‘‘(1) is registered under, and in compliance with, section 

13904; and 

‘‘(2) has satisfied the financial security requirements under 

section 13906. 

‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to— 

‘‘(1) a non-vessel-operating common carrier (as defined in 

section 40102 of title 46) or an ocean freight forwarder (as 

defined in section 40102 of title 46) when arranging for inland 

transportation as part of an international through movement 

involving ocean transportation between the United States and 

a foreign port; 

‘‘(2) a customs broker licensed in accordance with section 

111.2 of title 19, Code of Federal Regulations, only to the 

extent that the customs broker is engaging in a movement 

under a customs bond or in a transaction involving customs 

business, as defined by section 111.1 of title 19, Code of Federal 

Regulations; or 

‘‘(3) an indirect air carrier holding a Standard Security 

Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging 

in the activities as an air carrier as defined in section 40102(2) 

or in the activities defined in section 40102(3). 

‘‘(c) CIVIL PENALTIES AND PRIVATE CAUSE OF ACTION.—Any 

person who knowingly authorizes, consents to, or permits, directly 

or indirectly, either alone or in conjunction with any other person, 

a violation of subsection (a) is liable— 

‘‘(1) to the United States Government for a civil penalty 

in an amount not to exceed $10,000 for each violation; and 

‘‘(2) to the injured party for all valid claims incurred without regard to amount. 

‘‘(d) LIABLE PARTIES.—The liability for civil penalties and for 

claims under this section for unauthorized brokering shall apply, 

jointly and severally— 

‘‘(1) to any corporate entity or partnership involved; and 

‘‘(2) to the individual officers, directors, and principals of 

such entities.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 149 is 

amended by adding at the end the following: 

‘‘14916. Unlawful brokerage activities.’’. 

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: 

Applicability. 


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‘‘(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.’’. 

(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.’’. 

Criteria. 

49 USC 13902 

note. 

Regulations. 

Review. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 829 

PART III—TECHNICAL AMENDMENTS 

SEC. 32931. UPDATE OF OBSOLETE TEXT. 

(a) Section 31137(g), 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’’. 

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) 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— 

Repeal. 


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(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 13905(f)(1)(A) is amended by striking ‘‘section 

13904(c)’’ and inserting ‘‘section 13904(e)’’; 

(b) 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’’. 

(c) Section 31103(a) is amended by striking ‘‘section 

31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. 

(d) Section 31103(b) is amended by striking ‘‘authorized by 

section 31104(f)(2)’’. 

(e) Section 31309(b)(2) is amended by striking ‘‘31308(2)’’ and 

inserting ‘‘31308(3)’’. 

SEC. 32934. EXEMPTIONS FROM REQUIREMENTS FOR COVERED FARM 

VEHICLES. 

(a) FEDERAL REQUIREMENTS.—A covered farm vehicle, including 

the individual operating that vehicle, shall be exempt from the 

following: 

(1) Any requirement relating to commercial driver’s licenses 

established under chapter 313 of title 49, United States Code. 

(2) Any requirement relating to drug-testing established 

under chapter 313 of title 49, United States Code. 

(3) Any requirement relating to medical certificates established under— 

(A) subchapter III of chapter 311 of title 49, United 

States Code; or 

(B) chapter 313 of title 49, United States Code. 

(4) Any requirement relating to hours of service established 

under— 

(A) subchapter III of chapter 311 of title 49, United 

States Code; or 

(B) chapter 315 of title 49, United States Code. 

(5) Any requirement relating to vehicle inspection, repair, 

and maintenance established under— 

(A) subchapter III of chapter 311 of title 49, United 

States Code; or 

(B) chapter 315 of title 49, United States Code. 

(b) STATE REQUIREMENTS.— (1) IN GENERAL.—Federal transportation funding to a State 

may not be terminated, limited, or otherwise interfered with 

as a result of the State exempting a covered farm vehicle, 

including the individual operating that vehicle, from any State 

requirement relating to the operation of that vehicle. 

(2) EXCEPTION.—Paragraph (1) does not apply with respect 

to a covered farm vehicle transporting hazardous materials 

that require a placard. 

(c) COVERED FARM VEHICLE DEFINED.— 

(1) IN GENERAL.—In this section, the term ‘‘covered farm 

vehicle’’ means a motor vehicle (including an articulated motor 

vehicle)— 

(A) that— 

49 USC 31136 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 831 

(i) is traveling in the State in which the vehicle 

is registered or another State; 

(ii) is operated by— 

(I) a farm owner or operator; 

(II) a ranch owner or operator; or 

(III) an employee or family member of an individual specified in subclause (I) or (II); 

(iii) is transporting to or from a farm or ranch— 

(I) agricultural commodities; 

(II) livestock; or 

(III) machinery or supplies; 

(iv) except as provided in paragraph (2), is not 

used in the operations of a for-hire motor carrier; and 

(v) is equipped with a special license plate or other 

designation by the State in which the vehicle is registered to allow for identification of the vehicle as 

a farm vehicle by law enforcement personnel; and 

(B) that has a gross vehicle weight rating or gross 

vehicle weight, whichever is greater, that is— 

(i) 26,001 pounds or less; or 

(ii) greater than 26,001 pounds and traveling 

within the State or within 150 air miles of the farm 

or ranch with respect to which the vehicle is being 

operated. 

(2) INCLUSION.—In this section, the term ‘‘covered farm 

vehicle’’ includes a motor vehicle that meets the requirements 

of paragraph (1) (other than paragraph (1)(A)(iv)) and— 

(A) is operated pursuant to a crop share farm lease 

agreement; 

(B) is owned by a tenant with respect to that agreement; and 

(C) is transporting the landlord’s portion of the crops 

under that agreement. 

(d) SAFETY STUDY.—The Secretary of Transportation shall conduct a study of the exemption required by subsection (a) as follows: 

(1) Data and analysis of covered farm vehicles shall 

include— 

(A) the number of vehicles that are operated subject 

to each of the regulatory exemptions permitted under subsection (a); 

(B) the number of drivers that operate covered farm 

vehicles subject to each of the regulatory exemptions permitted under subsection (a); 

(C) the number of crashes involving covered farm 

vehicles; 

(D) the number of occupants and non-occupants injured 

in crashes involving covered farm vehicles; 

(E) the number of fatalities of occupants and nonoccupants killed in crashes involving farm vehicles; 

(F) crash investigations and accident reconstruction 

investigations of all fatalities in crashes involving covered 

farm vehicles; 

(G) overall operating mileage of covered farm vehicles; 

(H) numbers of covered farm vehicles that operate 

in neighboring States; and 

(I) any other data the Secretary deems necessary to 

analyze and include. 


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126 STAT. 832 PUBLIC LAW 112–141—JULY 6, 2012 

(2) A listing of State regulations issued and maintained 

in each State that are identical to the Federal regulations 

that are subject to exemption in subsection (a). 

(3) The Secretary shall report the findings of the study 

to the appropriate committees of Congress not later than 18 

months after the date of enactment of this Act. 

(e) CONSTRUCTION.—Nothing in this section shall be construed 

as authority for the Secretary of Transportation to prescribe regulations. 

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 accidents and incidents involving hazardous materials.’’; 

(2) in subsection (j)— 

(A) in paragraph (1), by striking ‘‘funds’’ and all that 

follows through ‘‘fighting fires for’’ and inserting ‘‘funds 

and through a competitive process, make a grant or make 

grants to national nonprofit fire service organizations for’’; 

(B) in paragraph (3)(A), by striking ‘‘train’’ and 

inserting ‘‘provide training, including portable training, 

for’’; 

(C) in paragraph (4)— 

Certification. 

49 USC 5101 

note. 

49 USC 5101 

note. 

Hazardous 

Materials 

Transportation 

Safety 

Improvement Act 

of 2012. 

Reports. 

Deadline. 

Lists. 


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(i) by striking ‘‘train’’ and inserting ‘‘provide 

training, including portable training, for’’; and 

(ii) by inserting ‘‘comply with Federal regulations 

and national consensus standards for hazardous materials response and’’ after ‘‘training course shall’’; 

(D) by redesignating paragraph (5) as paragraph (8); 

and 

(E) 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 accidents 

and incidents involving 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. 

‘‘(7) For the purposes of this subsection, the term ‘portable 

training’ means live, instructor-led training provided by certified fire service instructors that can be offered in any suitable 

setting, rather than specific designated facilities. Under this 

training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources.’’; 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— 

Urban and rural 

areas. 

49 USC 5121 

note. 

Definition. 


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126 STAT. 834 PUBLIC LAW 112–141—JULY 6, 2012 

(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; 

(D) an analysis of the associated benefits and costs 

of using the paperless hazard communications systems for 

each mode of transportation; and 

(E) a recommendation that incorporates the information gathered in subparagraphs (A), (B), (C), and (D) 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 consultation with 

the Commandant of the United States Coast Guard, as appropriate, shall conduct an assessment to improve the collection, 

Consultation. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 835 

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. 

(d) REPORTING REQUIREMENTS.—Section 5125(b)(1)(D) is 

amended by inserting ‘‘and other written hazardous materials 

transportation incident reporting involving State or local emergency 

responders in the initial response to the incident’’ before the period 

at the end. 

SEC. 33007. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, 

RESEARCH AND DEVELOPMENT, AND ANALYSIS PROGRAM. 

(a) IN GENERAL.—Chapter 51 is amended by inserting after 

section 5117 the following: 

‘‘§ 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 


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126 STAT. 836 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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 shall 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. 33008. HAZARDOUS MATERIAL ENFORCEMENT TRAINING. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Secretary shall develop uniform 

performance standards for training hazardous material inspectors 

and investigators on— 

(1) how to collect, analyze, and publish findings from 

inspections and investigations of accidents or incidents 

involving the transportation of hazardous material; and 

(2) 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.—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 guidelines 

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 material safety enforcement personnel. 

SEC. 33009. 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: 

Deadline. 

Standards. 

49 USC 5121 

note. 


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‘‘(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.— (1) MATTERS TO BE ADDRESSED.—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.’’. 

(2) FINALIZING REGULATIONS.—In accordance with section 

5103(b)(2) of title 49, United States Code, not later than 1 

year after the date of enactment of this Act, the Secretary 

shall take all actions necessary to finalize a regulation under 

paragraph (1) of this subsection. 

(c) GRANTS AND COOPERATIVE AGREEMENTS.—Section 5121(g)(1) 

is amended by inserting ‘‘safety and’’ before ‘‘security’’. 

SEC. 33010. CIVIL PENALTIES. 

Section 5123 is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘at least $250 but’’; and 

(ii) by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’; 

(B) in paragraph (2), by striking ‘‘$100,000’’ and 

inserting ‘‘$175,000’’; and 

(C) by amending paragraph (3) to read as follows: 

‘‘(3) If the violation is related to training, a person described 

in paragraph (1) shall be liable for a civil penalty of at least 

$450.’’; and 

(2) by adding at the end the following: 

‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS AND INVESTIGATIONS.— 

‘‘(1) 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. 

‘‘(2) For the purposes of this subsection, the term ‘obstructs’ 

means actions that were known, or reasonably should have 

been known, to prevent, hinder, or impede an investigation. 

Definition. 

Deadline. 

49 USC 5121 

note. 


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126 STAT. 838 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(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. 33011. REPORTING OF FEES. 

Section 5125(f)(2) is amended by striking ‘‘, upon the Secretary’s 

request,’’ and inserting ‘‘biennially’’. 

SEC. 33012. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS. 

(a) RULEMAKING.—Not later than 2 years after the date of 

enactment of this Act, 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. 

(b) REVIEW OF SPECIAL PERMITS.— (1) REVIEW.—Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a review and 

analysis of special permits that have been in continuous effect 

for a 10-year period to determine which special 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), but not later than 3 years after the 

Notice. 

Public comments. 

Determination. 

Time period. 

Deadlines. 

49 USC 5117 

note. 

Notification. 

Procedures. 

Deadline. 

Effective date. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 839 

date of enactment of this Act, and after providing notice and 

opportunity for public comment, the Secretary shall issue regulations to incorporate into the hazardous materials regulations 

any special permits identified in the review under paragraph 

(1) that the Secretary determines are appropriate for incorporation, based on the factors identified in paragraph (2). 

(c) INCORPORATION INTO REGULATION.—Section 5117 is 

amended by adding at the end the following: 

‘‘(f) INCORPORATION INTO REGULATIONS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

on which a special permit has been in continuous effect for 

a 10-year period, the Secretary shall conduct a review and 

analysis of that special permit to determine whether it 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 after providing notice and opportunity for public comment, the Secretary shall either institute 

a rulemaking to incorporate the special permit into the hazardous materials regulations or publish in the Federal Register 

the Secretary’s justification for why the special permit is not 

appropriate for incorporation into the regulations.’’. 

SEC. 33013. 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 

‘‘(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. 

Deadline. 

Time period. 

Notice. 

Public comments. 

Federal Register, 

publication. 

Deadline. 

Time period. 

Review. 

Analysis. 


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126 STAT. 840 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 33014. MOTOR CARRIER SAFETY PERMITS. 

(a) REVIEW.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall conduct a study of, and transmit 

to the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a report on, the implementation 

of the hazardous material safety permit program under section 

5109 of title 49, United States Code. In conducting the study, 

the Secretary shall review, at a minimum— 

(1) the list of hazardous materials requiring a safety permit; 

(2) the number of permits that have been issued, denied, 

revoked, or suspended since inception of the program and the 

number of commercial motor carriers that have never had 

a permit denied, revoked, or suspended since inception of the 

program; 

(3) the reasons for such denials, revocations, or suspensions; 

(4) the criteria used by the Federal Motor Carrier Safety 

Administration to determine whether a hazardous material 

safety permit issued by a State is equivalent to the Federal 

permit; and 

(5) actions the Secretary could implement to improve the 

program, including whether to provide opportunities for an 

additional level of fitness review prior to the denial, revocation, 

or suspension of a safety permit. 

(b) ACTIONS TAKEN.—Not later than 2 years after the date 

of enactment of this Act, based on the study conducted under 

subsection (a), the Secretary shall either institute a rulemaking 

to make any necessary improvements to the hazardous materials 

safety permit program under section 5109 of title 49, United States 

Code or publish in the Federal Register the Secretary’s justification 

for why a rulemaking is not necessary. 

SEC. 33015. WETLINES. 

(a) EVALUATION.—Not later than 1 year after the date of enactment of this Act, the United States Government Accountability 

Office shall evaluate, and transmit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives, 

a report on the safety of transporting flammable liquids in the 

external product piping of cargo tank motor vehicles (commonly 

referred to as wetlines). The evaluation shall— 

(1) review the safety of transporting flammable liquids 

in the external product piping of cargo tank motor vehicles; 

(2) accurately quantify the number of incidents involving 

the transportation of flammable liquids in external product 

piping of cargo tank motor vehicles; 

(3) identify various alternatives to loading, transporting, 

and unloading flammable liquids in such piping; 

(4) examine the costs and benefits of each alternative; 

and 

(5) identify any obstacles to implementing each alternative. 

(b) REGULATIONS.—The Secretary may not issue a final rule 

regarding transporting flammable liquids in the external product 

piping of cargo tank motor vehicles prior to completion of the 

evaluation conducted under subsection (a), or 2 years after the 

date of enactment of this Act, whichever is earlier, unless the 

Secretary determines that a risk to public safety, property, or 

Determination. 

Deadlines. 

Study. 

Reports. 

Deadlines. 

49 USC 5109 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 841 

the environment is present or an imminent hazard (as defined 

in section 5102 of title 49, United States Code) exists and that 

the regulations will address the risk or hazard. 

SEC. 33016. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND 

GRANTS. 

Section 5107(e)(2) is amended— 

(1) by inserting ‘‘through a competitive process’’ between 

‘‘made’’ and ‘‘to’’; and 

(2) by striking ‘‘hazmat employee’’. 

SEC. 33017. AUTHORIZATION OF APPROPRIATIONS. 

Section 5128 is amended to read as follows: 

‘‘§ 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 2013; and 

‘‘(2) $42,762,000 for fiscal year 2014. 

‘‘(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 2013 and 2014— 

‘‘(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 2013 and 2014 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—SPORT FISH RESTORATION 

AND RECREATIONAL BOATING SAFETY ACT OF 2012 

SEC. 34001. SHORT TITLE. 

This title may be cited as the ‘‘Sport Fish Restoration and 

Recreational Boating Safety Act of 2012’’. 

16 USC 777 note. 

Sport Fish 

Restoration and 

Recreational 

Boating Safety 

Act of 2012. 


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126 STAT. 842 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 34002. AMENDMENT OF FEDERAL AID IN SPORT FISH RESTORATION ACT. 

Section 4 of the Federal Aid in Fish Restoration Act (16 U.S.C. 

777c) is amended— 

(1) in subsection (a), by striking ‘‘of fiscal years 2006 

through 2011 and for the period beginning on October 1, 2011, 

and ending on June 30, 2012,’’ and inserting ‘‘fiscal year 

through 2014,’’; and 

(2) in subsection (b)(1)(A), by striking ‘‘of fiscal years 2006 

through 2011 and for the period beginning on October 1, 2011, 

and ending on March 31, 2012,’’ and inserting ‘‘fiscal year 

through 2014,’’. 

TITLE V—MISCELLANEOUS 

SEC. 35001. OVERFLIGHTS IN GRAND CANYON NATIONAL PARK. 

(a) DETERMINATIONS WITH RESPECT TO SUBSTANTIAL RESTORATION OF NATURAL QUIET AND EXPERIENCE.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, for purposes of section 3(b)(1) of Public Law 100–91 (16 

U.S.C. 1a–1 note), the substantial restoration of the natural 

quiet and experience of the Grand Canyon National Park (in 

this section referred to as the ‘‘Park’’) shall be considered to 

be achieved in the Park if, for at least 75 percent of each 

day, 50 percent of the Park is free of sound produced by 

commercial air tour operations that have an allocation to conduct commercial air tours in the Park as of the date of enactment of this Act. 

(2) CONSIDERATIONS.— 

(A) IN GENERAL.—For purposes of determining whether 

substantial restoration of the natural quiet and experience 

of the Park has been achieved in accordance with paragraph (1), the Secretary of the Interior (in this section 

referred to as the ‘‘Secretary’’) shall use— 

(i) the 2-zone system for the Park in effect on 

the date of enactment of this Act to assess impacts 

relating to substantial restoration of natural quiet at 

the Park, including— 

(I) the thresholds for noticeability and audibility; and 

(II) the distribution of land between the 2 

zones; and 

(ii) noise modeling science that is— 

(I) developed for use at the Park, specifically 

Integrated Noise Model Version 6.2; 

(II) validated by reasonable standards for conducting field observations of model results; and 

(III) accepted and validated by the Federal 

Interagency Committee on Aviation Noise. 

(B) SOUND FROM OTHER SOURCES.—The Secretary shall 

not consider sound produced by sources other than commercial air tour operations, including sound emitted by other 

types of aircraft operations or other noise sources, for purposes of— 

49 USC 40128 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 843 

(i) making recommendations, developing a final 

plan, or issuing regulations relating to commercial air 

tour operations in the Park; or 

(ii) determining under paragraph (1) whether 

substantial restoration of the natural quiet and experience of the Park has been achieved. 

(3) CONTINUED MONITORING.—The Secretary shall continue 

monitoring noise from aircraft operating over the Park below 

17,999 feet MSL to ensure continued compliance with the 

substantial restoration of natural quiet and experience of the 

Park. 

(4) DAY DEFINED.—For purposes of this section, the term 

‘‘day’’ means the hours between 7:00 a.m. and 7:00 p.m. 

(b) CONVERSION TO QUIET TECHNOLOGY AIRCRAFT.— (1) IN GENERAL.—Not later than 15 years after the date 

of enactment of this Act, all commercial air tour aircraft operating in the Grand Canyon National Park Special Flight Rules 

Area shall be required to fully convert to quiet aircraft technology (as determined in accordance with regulations in effect 

on the day before the date of enactment of this Act). 

(2) CONVERSION INCENTIVES.—Not later than 60 days after 

the date of enactment of this Act, the Secretary and the 

Administrator of the Federal Aviation Administration shall provide incentives for commercial air tour operators that convert 

to quiet aircraft technology (as determined in accordance with 

the regulations in effect on the day before the date of enactment 

of this Act) before the date specified in paragraph (1), such 

as increasing the flight allocations for such operators on a 

net basis consistent with section 804(c) of the National Park 

Air Tours Management Act of 2000 (title VIII of Public Law 

106–181), provided that the cumulative impact of such operations does not increase noise at Grand Canyon National Park. 

SEC. 35002. COMMERCIAL AIR TOUR OPERATIONS. 

Section 40128(b)(1)(C) of title 49, United States Code, is 

amended to read as follows: 

‘‘(C) EXCEPTION.—An application to begin or expand 

commercial air tour operations at Crater Lake National 

Park or Great Smoky Mountains National Park may be 

denied without the establishment of an air tour management plan by the Director of the National Park Service 

if the Director determines that such operations would 

adversely affect park resources or visitor experiences.’’. 

SEC. 35003. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS. 

Section 40125 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(d) SEARCH AND RESCUE PURPOSES.—An aircraft described in 

section 40102(a)(41)(D) that is not exclusively leased for at least 

90 continuous days by the government of a State, the District 

of Columbia, or a territory or possession of the United States 

or a political subdivision of 1 of those governments, qualifies as 

a public aircraft if the Administrator determines that— 

‘‘(1) there are extraordinary circumstances; 

‘‘(2) the aircraft will be used for the performance of search 

and rescue missions; 

‘‘(3) a community would not otherwise have access to search 

and rescue services; and 

Deadlines. 


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126 STAT. 844 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(4) a government entity demonstrates that granting the 

waiver is necessary to prevent an undue economic burden on 

that government.’’. 

DIVISION D—FINANCE 

SEC. 40001. SHORT TITLE. 

This division may be cited as the ‘‘Highway Investment, Job 

Creation, and Economic Growth Act of 2012’’. 

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 ‘‘July 1, 2012’’ in subsections (b)(6)(B), (c)(1), 

and (e)(3) and inserting ‘‘October 1, 2014’’, and 

(2) by striking ‘‘Surface Transportation Extension Act of 

2012’’ in subsections (c)(1) and (e)(3) and inserting ‘‘MAP-21’’. 

(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 

2012’’ each place it appears in subsection (b)(2) and inserting 

‘‘MAP-21’’, and 

(2) by striking ‘‘July 1, 2012’’ in subsection (d)(2) and 

inserting ‘‘October 1, 2014’’. 

(c) LEAKING UNDERGROUND STORAGE TANK TRUST FUND.— 

Paragraph (2) of section 9508(e) of the Internal Revenue Code 

of 1986 is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October 

1, 2014’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on July 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 ‘‘June 30, 2012’’ and 

inserting ‘‘September 30, 2016’’: 

(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 ‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’: 

(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.— 

(1) IN GENERAL.—Each of the following provisions of the 

Internal Revenue Code of 1986 is amended by striking ‘‘2013’’ 

each place it appears and inserting ‘‘2017’’: 

26 USC 9503 

note. 

26 USC 9503. 

26 USC 1 note. 

Highway 

Investment, Job 

Creation, and 

Economic Growth 

Act of 2012. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 845 

(A) Section 4481(f). 

(B) Section 4482(d). 

(2) EXTENSION AND TECHNICAL CORRECTION.— 

(A) IN GENERAL.—Paragraph (4) of section 4482(c) of 

such Code is amended to read as follows: 

‘‘(4) TAXABLE PERIOD.—The term ‘taxable period’ means 

any year beginning before July 1, 2017, and the period which 

begins on July 1, 2017, and ends at the close of September 

30, 2017.’’. 

(B) EFFECTIVE DATE.—The amendment made by this 

paragraph shall take effect as if included in the amendments made by section 142 of the Surface Transportation 

Extension Act of 2011, Part II. 

(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of the Internal 

Revenue Code of 1986 is amended— 

(1) by striking ‘‘July 1, 2012’’ each place it appears and 

inserting ‘‘October 1, 2016’’, 

(2) by striking ‘‘December 31, 2012’’ each place it appears 

and inserting ‘‘March 31, 2017’’, and 

(3) by striking ‘‘October 1, 2012’’ and inserting ‘‘January 

1, 2017’’. 

(d) EXTENSION OF CERTAIN EXEMPTIONS.— 

(1) Section 4221(a) of the Internal Revenue Code of 1986 

is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October 

1, 2016’’. 

(2) Section 4483(i) of such Code is amended by striking 

‘‘July 1, 2012’’ and inserting ‘‘October 1, 2017’’. 

(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 ‘‘July 1, 2012’’ each place it appears 

in paragraphs (1) and (2) and inserting ‘‘October 1, 

2016’’, 

(ii) by striking ‘‘JULY 1, 2012’’ in the heading of 

paragraph (2) and inserting ‘‘OCTOBER 1, 2016’’, 

(iii) by striking ‘‘June 30, 2012’’ in paragraph (2) 

and inserting ‘‘September 30, 2016’’, and 

(iv) by striking ‘‘April 1, 2013’’ in paragraph (2) 

and inserting ‘‘July 1, 2017’’, and 

(B) in subsection (c)(2), by striking ‘‘April 1, 2013’’ 

and inserting ‘‘July 1, 2017’’. 

(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 

‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’. 

(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 ‘‘July 1, 2013’’ each place it appears 

and inserting ‘‘October 1, 2017’’, and 

(ii) by striking ‘‘July 1, 2012’’ and inserting 

‘‘October 1, 2016’’. 

(f) EFFECTIVE DATE.—Except as otherwise provided in this section, the amendments made by this section shall take effect on 

July 1, 2012. 

16 USC 460l–11 

note. 

26 USC 4482 

note. 

Definition. 

26 USC 4481. 


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126 STAT. 846 PUBLIC LAW 112–141—JULY 6, 2012 

TITLE II—REVENUE PROVISIONS 

Subtitle A—Leaking Underground Storage 

Tank Trust Fund 

SEC. 40201. 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 $2,400,000,000 to be transferred under 

section 9503(f)(3) to the Highway Account (as defined in section 

9503(e)(5)(B)) in 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 Account (as defined in subsection 

(e)(5)(B)) in 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. 

Subtitle B—Pension Provisions 

PART I—PENSION FUNDING STABILIZATION 

SEC. 40211. 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.— 

‘‘(I) IN GENERAL.—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 the applicable minimum 

percentage, or more than the applicable maximum 

percentage, of the average of the segment rates 

described in such clause for years in the 25-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 

Time period. 

Appropriation 

authorization. 

26 USC 9508. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 847 

shall be equal to the applicable minimum percentage or the applicable maximum percentage of such 

average, whichever is closest. The Secretary shall 

determine such average on an annual basis and 

may prescribe equivalent rates for years in any 

such 25-year period for which the rates described 

in any such clause are not available. 

‘‘(II) APPLICABLE MINIMUM PERCENTAGE; 

APPLICABLE MAXIMUM PERCENTAGE.—For purposes 

of subclause (I), the applicable minimum percentage and the applicable maximum percentage for 

a plan year beginning in a calendar year shall 

be determined in accordance with the following 

table: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

2012 ......................................................... 90% 110%

2013 ......................................................... 85% 115%

2014 ......................................................... 80% 120%

2015 ......................................................... 75% 125%

After 2015 ............................................... 70% 130%.’’. 

(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)’’. 

(D) Section 420 of such Code is amended by adding 

at the end the following new subsection: 

‘‘(g) SEGMENT RATES DETERMINED WITHOUT PENSION STABILIZA- TION.—For purposes of this section, section 430 shall be applied 

without regard to subsection (h)(2)(C)(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.— ‘‘(I) IN GENERAL.—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 the applicable minimum 

Time period. 

Applicability. 

26 USC 404. 

Determination. 


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126 STAT. 848 PUBLIC LAW 112–141—JULY 6, 2012 

percentage, or more than the applicable maximum 

percentage, of the average of the segment rates 

described in such clause for years in the 25-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 the applicable minimum percentage or the applicable maximum percentage of such 

average, whichever is closest. The Secretary of the 

Treasury shall determine such average on an 

annual basis and may prescribe equivalent rates 

for years in any such 25-year period for which 

the rates described in any such clause are not 

available. 

‘‘(II) APPLICABLE MINIMUM PERCENTAGE; 

APPLICABLE MAXIMUM PERCENTAGE.—For purposes 

of subclause (I), the applicable minimum percentage and the applicable maximum percentage for 

a plan year beginning in a calendar year shall 

be determined in accordance with the following 

table: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

2012 ......................................................... 90% 110%

2013 ......................................................... 85% 115%

2014 ......................................................... 80% 120%

2015 ......................................................... 75% 125%

After 2015 ............................................... 70% 130%.’’. 

(2) DISCLOSURE OF EFFECT OF SEGMENT RATE STABILIZATION

ON PLAN FUNDING.— (A) IN GENERAL.—Paragraph (2) of section 101(f) of 

such Act (29 U.S.C. 1021(f)) is amended by adding at 

the end the following new subparagraph: 

‘‘(D) EFFECT OF SEGMENT RATE STABILIZATION ON PLAN

FUNDING.— 

‘‘(i) IN GENERAL.—In the case of a single-employer 

plan for an applicable plan year, each notice under 

paragraph (1) shall include— 

‘‘(I) a statement that the MAP-21 modified 

the method for determining the interest rates used 

to determine the actuarial value of benefits earned 

under the plan, providing for a 25-year average 

of interest rates to be taken into account in addition to a 2-year average, 

‘‘(II) a statement that, as a result of the MAP21, the plan sponsor may contribute less money 

to the plan when interest rates are at historical 

lows, and 

Determination. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 849 

‘‘(III) a table which shows (determined both 

with and without regard to section 303(h)(2)(C)(iv)) 

the funding target attainment percentage (as 

defined in section 303(d)(2)), the funding shortfall 

(as defined in section 303(c)(4)), and the minimum 

required contribution (as determined under section 

303), for the applicable plan year and each of 

the 2 preceding plan years. 

‘‘(ii) APPLICABLE PLAN YEAR.—For purposes of this 

subparagraph, the term ‘applicable plan year’ means 

any plan year beginning after December 31, 2011, and 

before January 1, 2015, for which— 

‘‘(I) the funding target (as defined in section 

303(d)(2)) is less than 95 percent of such funding 

target determined without regard to section 

303(h)(2)(C)(iv), 

‘‘(II) the plan has a funding shortfall (as 

defined in section 303(c)(4) and determined without regard to section 303(h)(2)(C)(iv)) greater than 

$500,000, and 

‘‘(III) the plan had 50 or more participants 

on any day during the preceding plan year. 

For purposes of any determination under subclause 

(III), the aggregation rule under the last sentence of 

section 303(g)(2)(B) shall apply. 

‘‘(iii) SPECIAL RULE FOR PLAN YEARS BEGINNING

BEFORE 2012.—In the case of a preceding plan year 

referred to in clause (i)(III) which begins before 

January 1, 2012, the information described in such 

clause shall be provided only without regard to section 

303(h)(2)(C)(iv).’’. 

(B) MODEL NOTICE.—The Secretary of Labor shall 

modify the model notice required to be published under 

section 501(c) of the Pension Protection Act of 2006 to 

prominently include the information described in section 

101(f)(2)(D) of the Employee Retirement Income Security 

Act of 1974, as added by this paragraph. 

(3) 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)’’. 

(D) Section 4010(d) of such Act (29 U.S.C. 1310(d)) 

is amended by adding at the end the following: 

‘‘(3) PENSION STABILIZATION DISREGARDED.—For purposes 

of this section, the segment rates used in determining the 

Determination. 

29 USC 1021 

note. 

Definition. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 850 PUBLIC LAW 112–141—JULY 6, 2012 

funding target and funding target attainment percentage shall 

be determined by not taking into account any adjustment under 

section 302(h)((2)(C)(iv).’’. 

(c) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall apply with respect to plan years beginning after December 

31, 2011. 

(2) RULES WITH RESPECT TO ELECTIONS.— 

(A) ADJUSTED FUNDING TARGET ATTAINMENT PERCENTAGE.—A plan sponsor may elect not to have the amendments made by this section apply to any plan year beginning before January 1, 2013, either (as specified in the 

election)— 

(i) for all purposes for which such amendments 

apply, or 

(ii) solely for purposes of determining the adjusted 

funding target attainment percentage under sections 

436 of the Internal Revenue Code of 1986 and 206(g) 

of the Employee Retirement Income Security Act of 

1974 for such plan year. 

A plan shall not be treated as failing to meet the requirements of sections 204(g) of such Act and 411(d)(6) of such 

Code solely by reason of an election under this paragraph. 

(B) OPT OUT OF EXISTING ELECTIONS.—If, on the date 

of the enactment of this Act, an election is in effect with 

respect to any plan under sections 303(h)((2)(D)(ii) of the 

Employee Retirement Income Security Act of 1974 and 

430(h)((2)(D)(ii) of the Internal Revenue Code of 1986, then, 

notwithstanding the last sentence of each such section, 

the plan sponsor may revoke such election without the 

consent of the Secretary of the Treasury. The plan sponsor 

may make such revocation at any time before the date 

which is 1 year after such date of enactment and such 

revocation shall be effective for the 1st plan year to which 

the amendments made by this section apply and all subsequent plan years. Nothing in this subparagraph shall preclude a plan sponsor from making a subsequent election 

in accordance with such sections. 

PART II—PBGC PREMIUMS 

SEC. 40221. SINGLE EMPLOYER PLAN ANNUAL PREMIUM RATES. 

(a) FLAT-RATE PREMIUM.— 

(1) IN GENERAL.—Clause (i) of section 4006(a)(3)(A) of the 

Employee Retirement Income Security Act of 1974 (29 U.S.C. 

1306(a)(3)(A)) is amended to read as follows: 

‘‘(i) in the case of a single-employer plan, an amount for 

each individual who is a participant in such plan during the 

plan year equal to the sum of the additional premium (if 

any) determined under subparagraph (E) and— 

‘‘(I) for plan years beginning after December 31, 2005, 

and before January 1, 2013, $30; 

‘‘(II) for plan years beginning after December 31, 2012, 

and before January 1, 2014, $42; and 

‘‘(III) for plan years beginning after December 31, 2013, 

$49.’’. 

Time periods. 

Applicability. 

26 USC 1404 

note. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 851 

(2) ADJUSTMENT FOR INFLATION.—Subparagraph (F) of section 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended— 

(A) in clause (i)(II), by inserting ‘‘(2012 in the case 

of plan years beginning after calendar year 2014)’’ after 

‘‘2004’’; and 

(B) by adding at the end the following new sentence: 

‘‘This subparagraph shall not apply to plan years beginning 

in 2013 or 2014.’’. 

(b) VARIABLE-RATE PREMIUM.— (1) IN GENERAL.—Subparagraph (E)(ii) of section 4006(a)(3) 

of the Employee Retirement Income Security Act of 1974 (29 

U.S.C. 1306(a)(3)) is amended by striking ‘‘$9.00’’ and inserting 

‘‘the applicable dollar amount under paragraph (8)’’. 

(2) APPLICABLE DOLLAR AMOUNT.—Section 4006(a) of such 

Act (29 U.S.C. 1306(a)) is amended by adding at the end the 

following: 

‘‘(8) APPLICABLE DOLLAR AMOUNT FOR VARIABLE RATE PREMIUM.—For purposes of paragraph (3)(E)(ii)— 

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), the applicable dollar amount shall 

be— 

‘‘(i) $9 for plan years beginning in a calendar year 

before 2015; 

‘‘(ii) for plan years beginning in calendar year 2015, 

the amount in effect for plan years beginning in 2014 

(determined after application of subparagraph (C)); and 

‘‘(iii) for plan years beginning after calendar year 

2015, the amount in effect for plan years beginning 

in 2015 (determined after application of subparagraph 

(C)). 

‘‘(B) ADJUSTMENT FOR INFLATION.—For each plan year 

beginning in a calendar year after 2012, there shall be 

substituted for the applicable dollar amount specified under 

subparagraph (A) an amount equal to the greater of— 

‘‘(i) the product derived by multiplying such 

applicable dollar amount for plan years beginning in 

that calendar year by the ratio of— 

‘‘(I) the national average wage index (as 

defined in section 209(k)(1) of the Social Security 

Act) for the first of the 2 calendar years preceding 

the calendar year in which such plan year begins, 

to 

‘‘(II) the national average wage index (as so 

defined) for the base year; and 

‘‘(ii) such applicable dollar amount in effect for 

plan years beginning in the preceding calendar year. 

If the amount determined under this subparagraph is not 

a multiple of $1, such product shall be rounded to the 

nearest multiple of $1. 

‘‘(C) ADDITIONAL INCREASE IN 2014 AND 2015.—The 

applicable dollar amount determined under subparagraph 

(A) (after the application of subparagraph (B)) shall be 

increased— 

‘‘(i) in the case of plan years beginning in calendar 

year 2014, by $4; and 

‘‘(ii) in the case of plan years beginning in calendar 

year 2015, by $5. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 852 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(D) BASE YEAR.—For purposes of subparagraph (B), 

the base year is— 

‘‘(i) 2010, in the case of plan years beginning in 

calendar year 2013 or 2014; 

‘‘(ii) 2012, in the case of plan years beginning 

in calendar year 2015; and 

‘‘(iii) 2013, in the case of plan years beginning 

after calendar year 2015.’’. 

(3) CAP.— (A) IN GENERAL.—Subparagraph (E)(i) of section 

4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended 

by striking ‘‘for any plan year shall be’’ and all that follows 

through the end and inserting the following ‘‘for any plan 

year— 

‘‘(I) shall be an amount equal to the amount determined 

under clause (ii) divided by the number of participants in 

such plan as of the close of the preceding plan year; and 

‘‘(II) in the case of plan years beginning in a calendar year after 2012, shall not exceed $400.’’. 

(B) ADJUSTMENT FOR INFLATION.—Paragraph (3) of section 4006(a) of such Act (29 U.S.C. 1306(a)(3)), as amended 

by this Act, is amended by adding at the end the following: 

‘‘(J) For each plan year beginning in a calendar year after 

2013, there shall be substituted for the dollar amount specified 

in subclause (II) of subparagraph (E)(i) an amount equal to the 

greater of— 

‘‘(i) the product derived by multiplying such dollar amount 

by the ratio of— 

‘‘(I) the national average wage index (as defined in 

section 209(k)(1) of the Social Security Act) for the first 

of the 2 calendar years preceding the calendar year in 

which such plan year begins, to 

‘‘(II) the national average wage index (as so defined) 

for 2011; and 

‘‘(ii) such dollar amount for plan years beginning in the 

preceding calendar year. 

If the amount determined under this subparagraph is not a multiple 

of $1, such product shall be rounded to the nearest multiple of 

$1.’’. 

SEC. 40222. MULTIEMPLOYER ANNUAL PREMIUM RATES. 

(a) IN GENERAL.—Subparagraph (A) of section 4006(a)(3) of 

the Employee Retirement Income Security Act of 1974 (29 U.S.C. 

1306(a)(3)) is amended— 

(1) by inserting ‘‘and before January 1, 2013,’’ after 

‘‘December 31, 2005,’’ in clause (iv), 

(2) by striking ‘‘or’’ at the end of clause (iii), 

(3) by striking the period at the end of clause (iv) and 

inserting ‘‘, or’’, and 

(4) by adding at the end the following new clause: 

‘‘(v) in the case of a multiemployer plan, for plan years 

beginning after December 31, 2012, $12.00 for each individual 

who is a participant in such plan during the applicable plan 

year.’’. 

(b) INFLATION ADJUSTMENT.—Paragraph (3) of section 4006(a) 

of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 

1306(a)(3)) is amended by adding at the end the following: 

Time periods. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 853 

‘‘(I) For each plan year beginning in a calendar year after 

2013, there shall be substituted for the premium rate specified 

in clause (v) of subparagraph (A) an amount equal to the greater 

of— 

‘‘(i) the product derived by multiplying the premium rate 

specified in clause (v) of subparagraph (A) by the ratio of— 

‘‘(I) the national average wage index (as defined in 

section 209(k)(1) of the Social Security Act) for the first 

of the 2 calendar years preceding the calendar year in 

which such plan year begins, to 

‘‘(II) the national average wage index (as so defined) 

for 2011; and 

‘‘(ii) the premium rate in effect under clause (v) of subparagraph (A) for plan years beginning in the preceding calendar 

year. 

If the amount determined under this subparagraph is not a multiple 

of $1, such product shall be rounded to the nearest multiple of 

$1.’’. 

PART III—IMPROVEMENTS OF PBGC 

SEC. 40231. PENSION BENEFIT GUARANTY CORPORATION GOVERNANCE IMPROVEMENT. 

(a) BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY

CORPORATION.— 

(1) IN GENERAL.—Section 4002(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(d)) is 

amended— 

(A) by striking ‘‘(d) The board of directors’’ and 

inserting ‘‘(d)(1) The board of directors’’; and 

(B) by adding at the end the following: 

‘‘(2) A majority of the members of the board of directors in 

office shall constitute a quorum for the transaction of business. 

The vote of the majority of the members present and voting at 

a meeting at which a quorum is present shall be the act of the 

board of directors. 

‘‘(3) Each member of the board of directors shall designate 

in writing an official, not below the level of Assistant Secretary, 

to serve as the voting representative of such member on the board. 

Such designation shall be effective until revoked or until a date 

or event specified therein. Any such representative may refer for 

board action any matter under consideration by the designating 

board member, but such representative shall not count toward 

establishment of a quorum as described under paragraph (2). 

‘‘(4) The Inspector General of the corporation shall report to 

the board of directors, and not less than twice a year, shall attend 

a meeting of the board of directors to provide a report on the 

activities and findings of the Inspector General, including with 

respect to monitoring and review of the operations of the corporation. 

‘‘(5) The General Counsel of the corporation shall— 

‘‘(A) serve as the secretary to the board of directors, and 

advise such board as needed; and 

‘‘(B) have overall responsibility for all legal matters 

affecting the corporation and provide the corporation with legal 

advice and opinions on all matters of law affecting the corporation, except that the authority of the General Counsel shall 

Reports. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 854 PUBLIC LAW 112–141—JULY 6, 2012 

not extend to the Office of Inspector General and the independent legal counsel of such Office. 

‘‘(6) Notwithstanding any other provision of this Act, the Office 

of Inspector General and the legal counsel of such Office are independent of the management of the corporation and the General 

Counsel of the corporation. 

‘‘(7) The board of directors may appoint and fix the compensation of employees as may be required to enable the board of directors 

to perform its duties. The board of directors shall determine the 

qualifications and duties of such employees and may appoint and 

fix the compensation of experts and consultants in accordance with 

the provisions of section 3109 of title 5, United States Code.’’. 

(2) NUMBER OF MEETINGS; PUBLIC AVAILABILITY.—Section 

4002(e) of such Act (29 U.S.C. 1302(e)) is amended— 

(A) by striking ‘‘The board’’ and inserting ‘‘(1) The 

board’’; 

(B) by striking ‘‘the corporation.’’ and inserting ‘‘the 

corporation, but in no case less than 4 times a year with 

not fewer than 2 members present. Not less than 1 meeting 

of the board of directors during each year shall be a joint 

meeting with the advisory committee under subsection 

(h).’’; and 

(C) by adding at the end the following: 

‘‘(2)(A) Except as provided in subparagraph (B), the chairman 

of the board of directors shall make available to the public the 

minutes from each meeting of the board of directors. 

‘‘(B) The minutes of a meeting of the board of directors, or 

a portion thereof, shall not be subject to disclosure under subparagraph (A) if the chairman reasonably determines that such minutes, 

or portion thereof, contain confidential employer information 

including information obtained under section 4010, information 

about the investment activities of the corporation, or information 

regarding personnel decisions of the corporation. 

‘‘(C) The minutes of a meeting, or portion of thereof, exempt 

from disclosure pursuant to subparagraph (B) shall be exempt from 

disclosure under section 552(b) of title 5, United States Code. For 

purposes of such section 552, this subparagraph shall be considered 

a statute described in subsection (b)(3) of such section 552.’’. 

(3) ADVISORY COMMITTEE.— 

(A) ISSUES CONSIDERED BY THE COMMITTEE.—Section 

4002(h)(1) of such Act (29 U.S.C. 1302(h)(1)) is amended— 

(i) by striking ‘‘, and (D)’’ and inserting ‘‘, (D)’’; 

and 

(ii) by striking ‘‘time to time.’’ and inserting ‘‘time 

to time, and (E) other issues as determined appropriate 

by the advisory committee.’’. 

(B) JOINT MEETING.—Section 4002(h)(3) of such Act 

(29 U.S.C. 1302(h)(3)) is amended by adding at the end 

the following: ‘‘Not less than 1 meeting of the advisory 

committee during each year shall be a joint meeting with 

the board of directors under subsection (e).’’. 

(b) AVOIDING CONFLICTS OF INTEREST.—Section 4002 of the 

Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302) 

is amended by adding at the end the following: 

‘‘(j) CONFLICTS OF INTEREST.— ‘‘(1) IN GENERAL.—The Director of the corporation and each 

member of the board of directors shall not participate in a 

Determination. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 855 

decision of the corporation in which the Director or such 

member has a direct financial interest. The Director of the 

corporation shall not participate in any activities that would 

present a potential conflict of interest or appearance of a conflict 

of interest without approval of the board of directors. 

‘‘(2) ESTABLISHMENT OF POLICY.—The board of directors 

shall establish a policy that will inform the identification of 

potential conflicts of interests of the members of the board 

of directors and mitigate perceived conflicts of interest of such 

members and the Director of the corporation.’’. 

(c) RISK MITIGATION.—Section 4002 of the Employee Retirement 

Income Security Act of 1974 (29 U.S.C. 1302), as amended by 

subsection (b), is further amended by adding at the end the following: 

‘‘(k) RISK MANAGEMENT OFFICER.—The corporation shall have 

a risk management officer whose duties include evaluating and 

mitigating the risk that the corporation might experience. The 

individual in such position shall coordinate the risk management 

efforts of the corporation, explain risks and controls to senior 

management and the board of directors of the corporation, and 

make recommendations.’’. 

(d) DIRECTOR.—Section 4002(c) of the Employee Retirement 

Income Security Act of 1974 (29 U.S.C. 1302(c)) is amended to 

read as follows: 

‘‘(c) The Director shall be accountable to the board of directors. 

The Director shall serve for a term of 5 years unless removed 

by the President or the board of directors before the expiration 

of such 5-year term.’’. 

(e) SENSES OF CONGRESS.— 

(1) FORMATION OF COMMITTEES.—It is the sense of Congress 

that the board of directors of the Pension Benefit Guaranty 

Corporation established under section 4002 of the Employee 

Retirement Income Security Act of 1974 (29 U.S.C. 1302), as 

amended by this section, should form committees, including 

an audit committee and an investment committee composed 

of not less than 2 members, to enhance the overall effectiveness 

of the board of directors. 

(2) ADVISORY COMMITTEE.—It is the sense of Congress that 

the advisory committee to the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended 

by this section, should provide to the board of directors of 

such corporation policy recommendations regarding changes 

to the law that would be beneficial to the corporation or the 

voluntary private pension system. 

(f) STUDY REGARDING GOVERNANCE STRUCTURES.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Pension Benefit Guaranty Corporation shall enter into a contract with the National Academy 

of Public Administration to conduct the study described in 

paragraph (2) with respect to the Pension Benefit Guaranty 

Corporation. 

(2) CONTENT OF STUDY.—The study conducted under paragraph (1) shall include— 

(A) a review of the governance structures of governmental and nongovernmental organizations that are analogous to the Pension Benefit Guaranty Corporation; and 

Deadline. 

Contracts. 

29 USC 1302 

note. 

Recommendations. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 856 PUBLIC LAW 112–141—JULY 6, 2012 

(B) recommendations regarding— 

(i) the ideal size and composition of the board 

of directors of the Pension Benefit Guaranty Corporation; 

(ii) procedures to select and remove members of 

such board; 

(iii) qualifications and term lengths of members 

of such board; and 

(iv) policies necessary to enhance Congressional 

oversight and transparency of such board and to mitigate potential conflicts of interest of the members of 

such board. 

(3) SUBMISSION TO CONGRESS.—Not later than 1 year after 

the initiation of the study under paragraph (1), the National 

Academy of Public Administration shall submit the results 

of the study to the Committees on Health, Education, Labor, 

and Pensions and Finance of the Senate and the Committees 

on Education and the Workforce and Ways and Means of the 

House of Representatives. 

SEC. 40232. PARTICIPANT AND PLAN SPONSOR ADVOCATE. 

(a) IN GENERAL.—Title IV of the Employee Retirement Income 

Security Act of 1974 (29 U.S.C. 1301 et seq.) is amended by inserting 

after section 4003 the following: 

‘‘SEC. 4004. PARTICIPANT AND PLAN SPONSOR ADVOCATE. 

‘‘(a) IN GENERAL.—The board of directors of the corporation 

shall select a Participant and Plan Sponsor Advocate from the 

candidates nominated by the advisory committee to the corporation 

under section 4002(h)(1) and without regard to the provisions of 

title 5, United States Code, relating to appointments in the competitive service or Senior Executive Service. 

‘‘(b) DUTIES.—The Participant and Plan Sponsor Advocate 

shall— 

‘‘(1) act as a liaison between the corporation, sponsors 

of defined benefit pension plans insured by the corporation, 

and participants in pension plans trusteed by the corporation; 

‘‘(2) advocate for the full attainment of the rights of participants in plans trusteed by the corporation; 

‘‘(3) assist pension plan sponsors and participants in 

resolving disputes with the corporation; 

‘‘(4) identify areas in which participants and plan sponsors 

have persistent problems in dealings with the corporation; 

‘‘(5) to the extent possible, propose changes in the administrative practices of the corporation to mitigate problems; 

‘‘(6) identify potential legislative changes which may be 

appropriate to mitigate problems; and 

‘‘(7) refer instances of fraud, waste, and abuse, and violations of law to the Office of the Inspector General of the 

corporation. 

‘‘(c) REMOVAL.—If the Participant and Plan Sponsor Advocate 

is removed from office or is transferred to another position or 

location within the corporation or the Department of Labor, the 

board of the directors of the corporation shall communicate in 

writing the reasons for any such removal or transfer to Congress 

not less than 30 days before the removal or transfer. Nothing 

in this subsection shall prohibit a personnel action otherwise 

authorized by law, other than transfer or removal. 

Notification. 

Deadline. 

29 USC 1304. 

Deadline. 

Results. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 857 

‘‘(d) COMPENSATION.—The annual rate of basic pay for the 

Participant and Plan Sponsor Advocate shall be the same rate 

as the highest rate of basic pay established for the Senior Executive 

Service under section 5382 of title 5, United States Code, or, if 

the board of directors of the corporation so determines, at a rate 

fixed under section 9503 of such title. 

‘‘(e) ANNUAL REPORT.— ‘‘(1) IN GENERAL.—Not later than December 31 of each 

calendar year, the Participant and Plan Sponsor Advocate shall 

report to the Health, Education, Labor, and Pensions Committee of the Senate, the Committee on Finance of the Senate, 

the Committee on Education and the Workforce of the House 

of Representatives, and the Committee on Ways and Means 

of the House of Representatives on the activities of the Office 

of the Participant and Plan Sponsor Advocate during the fiscal 

year ending during such calendar year. 

‘‘(2) CONTENT.—Each report submitted under paragraph 

(1) shall— 

‘‘(A) summarize the assistance requests received from 

participants and plan sponsors and describe the activities, 

and evaluate the effectiveness, of the Participant and Plan 

Sponsor Advocate during the preceding year; 

‘‘(B) identify significant problems the Participant and 

Plan Sponsor Advocate has identified; 

‘‘(C) include specific legislative and regulatory changes 

to address the problems; and 

‘‘(D) identify any actions taken to correct problems 

identified in any previous report. 

‘‘(3) CONCURRENT SUBMISSION.—The Participant and Plan 

Sponsor Advocate shall submit a copy of each report to the 

Secretary of Labor, the Director of the corporation, and any 

other appropriate official at the same time such report is submitted to the committees of Congress under paragraph (1).’’. 

(b) ADVISORY COMMITTEE NOMINATIONS.—Section 4002(h)(1) of 

the Employee Retirement Income Security Act of 1974 (29 

U.S.C.1302(h)(1)) is amended by adding at the end the following 

new sentence: ‘‘In the event of a vacancy or impending vacancy 

in the office of the Participant and Plan Sponsor Advocate established under section 4004, the Advisory Committee shall, in consultation with the Director of the corporation and participant and 

plan sponsor advocacy groups, nominate at least two but no more 

than three individuals to serve as the Participant and Plan Sponsor 

Advocate.’’. 

(c) CLERICAL AMENDMENT.—The table of contents in section 

1 of the Employee Retirement Income Security Act of 1974 is 

amended by inserting after the item relating to section 4003 the 

following new item: 

‘‘4004. Participant and Plan Sponsor Advocate.’’. 

SEC. 40233. QUALITY CONTROL PROCEDURES FOR THE PENSION BENEFIT GUARANTY CORPORATION. 

(a) ANNUAL PEER REVIEW OF INSURANCE MODELING SYSTEMS.— 

The Pension Benefit Guaranty Corporation shall contract with a 

capable agency or organization that is independent from the Corporation, such as the Social Security Administration, to conduct 

an annual peer review of the Corporation’s Single-Employer Pension 

Insurance Modeling System and the Corporation’s Multiemployer 

Contracts. 

29 USC 1302 

note. 

Records. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 858 PUBLIC LAW 112–141—JULY 6, 2012 

Pension Insurance Modeling System. The board of directors of the 

Corporation shall designate the agency or organization with which 

any such contract is entered into. The first of such annual peer 

reviews shall be initiated no later than 3 months after the date 

of enactment of this Act. 

(b) POLICIES AND PROCEDURES RELATING TO THE POLICY, 

RESEARCH, AND ANALYSIS DEPARTMENT.—The Pension Benefit 

Guaranty Corporation shall— 

(1) develop written quality review policies and procedures 

for all modeling and actuarial work performed by the Corporation’s Policy, Research, and Analysis Department; and 

(2) conduct a record management review of such Department to determine what records must be retained as Federal 

records. 

(c) REPORT RELATING TO OIG RECOMMENDATIONS.—Not later 

than 2 months after the date of enactment of this Act, the Pension 

Benefit Guaranty Corporation shall submit to Congress a report, 

approved by the board of directors of the Corporation, setting forth 

a timetable for addressing the outstanding recommendations of 

the Office of the Inspector General relating to the Policy, Research, 

and Analysis Department and the Benefits Administration and 

Payment Department. 

SEC. 40234. LINE OF CREDIT REPEAL. 

(a) IN GENERAL.—Subsection (c) of section 4005 of the Employee 

Retirement Income Security Act of 1974 (29 U.S.C. 1305) is 

repealed. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended— 

(A) in subsection (b)— 

(i) paragraph (1)— 

(I) by striking subparagraph (A); and 

(II) by redesignating subparagraphs (B) 

through (G) as subparagraphs (A) through (F), 

respectively; 

(ii) in paragraph (2)— 

(I) by striking subparagraph (C); and 

(II) by redesignating subparagraphs (D) and 

(E) as subparagraphs (C) and (D), respectively; 

and 

(iii) in paragraph (3), by striking ‘‘but,’’ and all 

that follows through the end and inserting a period; 

and 

(B) in subsection (g)— 

(i) by striking paragraph (2); and 

(ii) by redesignating paragraph (3) as paragraph 

(2). 

(2) Section 4402 of such Act (29 U.S.C. 1461) is amended— 

(A) in subsection (c)(4)— 

(i) by striking subparagraph (C); and 

(ii) by redesignating subparagraph (D) as subparagraph (C); and 

(B) in subsection (d), by striking ‘‘or (D)’’. 

Records. 

29 USC 1302 

note. 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 859 

PART IV—TRANSFERS OF EXCESS PENSION 

ASSETS 

SEC. 40241. 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 ‘‘MAP-21’’. 

(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. 40242. 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 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: 

26 USC 420 note. 

29 USC 1021, 

1103, 1108. 

26 USC 420. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 860 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(D) COLLECTIVELY BARGAINED LIFE INSURANCE BENE- FITS.—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 

26 USC 420. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 861 

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’’, 

(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 

26 USC 420. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 862 PUBLIC LAW 112–141—JULY 6, 2012 

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’’. 

26 USC 420. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 863 

(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) 

of the Internal Revenue Code of 1986 is amended by striking 

‘‘416(I)(1)’’ and inserting ‘‘416(i)(1)’’. 

(g) REPEAL OF DEADWOOD.— 

(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 

Applicability. 

26 USC 420. 


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126 STAT. 864 PUBLIC LAW 112–141—JULY 6, 2012 

(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. 

Subtitle C—Additional Transfers to 

Highway Trust Fund 

SEC. 40251. ADDITIONAL TRANSFERS 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 APPROPRIATIONS TO TRUST FUND.—Out of 

money in the Treasury not otherwise appropriated, there is 

hereby appropriated to— 

‘‘(A) the Highway Account (as defined in subsection 

(e)(5)(B)) in the Highway Trust Fund— 

‘‘(i) for fiscal year 2013, $6,200,000,000, and 

‘‘(ii) for fiscal year 2014, $10,400,000,000, and 

‘‘(B) the Mass Transit Account in the Highway Trust 

Fund, for fiscal year 2014, $2,200,000,000.’’. 

DIVISION E—RESEARCH AND 

EDUCATION 

SEC. 50001. SHORT TITLE. 

This division may be cited as the ‘‘Transportation Research 

and Innovative Technology Act of 2012’’. 

TITLE I—FUNDING 

SEC. 51001. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following amounts are authorized to 

be appropriated out of the Highway Trust Fund (other than the 

Mass Transit Account): 

(1) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To 

carry out sections 503(b), 503(d), and 509 of title 23, United 

States Code, $115,000,000 for each of fiscal years 2013 and 

2014. 

23 USC 101 note. 

Transportation 

Research and 

Innovative 

Technology Act of 

2012. 

Applicability. 

26 USC 420 note. 

26 USC 420. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 865 

(2) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.— To carry out section 503(c) of title 23, United States Code, 

$62,500,000 for each of fiscal years 2013 and 2014. 

(3) TRAINING AND EDUCATION.—To carry out section 504 of title 23, United States Code, $24,000,000 for each of fiscal 

years 2013 and 2014. 

(4) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To 

carry out sections 512 through 518 of title 23, United States 

Code, $100,000,000 for each of fiscal years 2013 and 2014. 

(5) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—To 

carry out section 5505 of title 49, United States Code, 

$72,500,000 for each of fiscal years 2013 and 2014. 

(6) BUREAU OF TRANSPORTATION STATISTICS.—To carry out chapter 63 of title 49, United States Code, $26,000,000 for 

each of fiscal years 2013 and 2014. 

(b) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds 

authorized to be appropriated by subsection (a) shall— 

(1) be available for obligation in the same manner as if 

those funds were apportioned under chapter 1 of title 23, United 

States Code, except that the Federal share of the cost of a 

project or activity carried out using those funds shall be 80 

percent, unless otherwise expressly provided by this Act 

(including the amendments by this Act) or otherwise determined by the Secretary; and 

(2) remain available until expended and not be transferable. 

TITLE II—RESEARCH, TECHNOLOGY, 

AND EDUCATION 

SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION. 

Section 501 of title 23, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (8); 

(2) by inserting after paragraph (1) the following: 

‘‘(2) INCIDENT.—The term ‘incident’ means a crash, natural 

disaster, workzone activity, special event, or other emergency 

road user occurrence that adversely affects or impedes the 

normal flow of traffic. 

‘‘(3) INNOVATION LIFECYCLE.—The term ‘innovation lifecycle’ 

means the process of innovating through— 

‘‘(A) the identification of a need; 

‘‘(B) the establishment of the scope of research to 

address that need; 

‘‘(C) setting an agenda; 

‘‘(D) carrying out research, development, deployment, 

and testing of the resulting technology or innovation; and 

‘‘(E) carrying out an evaluation of the costs and benefits 

of the resulting technology or innovation. 

‘‘(4) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The 

term ‘intelligent transportation infrastructure’ means fully 

integrated public sector intelligent transportation system 

components, as defined by the Secretary. 

‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.—The terms 

‘intelligent transportation system’ and ‘ITS’ mean electronics, 

photonics, communications, or information processing used 

singly or in combination to improve the efficiency or safety 

of a surface transportation system. 

Definitions. 


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126 STAT. 866 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(6) NATIONAL ARCHITECTURE.—For purposes of this 

chapter, the term ‘national architecture’ means the common 

framework for interoperability that defines— 

‘‘(A) the functions associated with intelligent transportation system user services; 

‘‘(B) the physical entities or subsystems within which 

the functions reside; 

‘‘(C) the data interfaces and information flows between 

physical subsystems; and 

‘‘(D) the communications requirements associated with 

the information flows. 

‘‘(7) PROJECT.—The term ‘project’ means an undertaking 

to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance 

under this chapter.’’; and 

(3) by inserting after paragraph (8) (as so redesignated) 

the following: 

‘‘(9) STANDARD.—The term ‘standard’ means a document 

that— 

‘‘(A) contains technical specifications or other precise 

criteria for intelligent transportation systems that are to 

be used consistently as rules, guidelines, or definitions 

of characteristics so as to ensure that materials, products, 

processes, and services are fit for the intended purposes 

of the materials, products, processes, and services; and 

‘‘(B) may support the national architecture and promote— 

‘‘(i) the widespread use and adoption of intelligent 

transportation system technology as a component of 

the surface transportation systems of the United 

States; and 

‘‘(ii) interoperability among intelligent transportation system technologies implemented throughout 

the States.’’. 

SEC. 52002. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, 

AND TECHNOLOGY. 

(a) SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

TECHNOLOGY.—Section 502 of title 23, United States Code, is 

amended— 

(1) in the section heading by inserting ‘‘, development, 

and technology’’ after ‘‘surface transportation research’’; 

(2) in subsection (a)— 

(A) by redesignating paragraphs (1) through (8) as 

paragraphs (2) through (9), respectively; 

(B) by inserting before paragraph (2) (as redesignated 

by subparagraph (A)) the following: 

‘‘(1) APPLICABILITY.—The research, development, and technology provisions of this section shall apply throughout this 

chapter.’’; 

(C) in paragraph (2) (as redesignated by subparagraph 

(A))— 

(i) by inserting ‘‘within the innovation lifecycle’’ 

after ‘‘activities’’; and 

(ii) by inserting ‘‘communications, impact analysis,’’ after ‘‘training,’’; 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 867 

(D) in paragraph (3) (as redesignated by subparagraph 

(A))— 

(i) in subparagraph (B) by striking ‘‘supports 

research in which there is a clear public benefit and’’ 

and inserting ‘‘delivers a clear public benefit and occurs 

where’’; 

(ii) in subparagraph (C) by striking ‘‘or’’ after the 

semicolon; 

(iii) by redesignating subparagraph (D) as subparagraph (I); and 

(iv) by inserting after subparagraph (C) the following: 

‘‘(D) meets and addresses current or emerging needs; 

‘‘(E) addresses current gaps in research; 

‘‘(F) presents the best means to align resources with 

multiyear plans and priorities; 

‘‘(G) ensures the coordination of highway research and 

technology transfer activities, including through activities 

performed by university transportation centers; 

‘‘(H) educates transportation professionals; or’’; 

(E) in paragraph (4) (as redesignated by subparagraph 

(A)) by striking subparagraphs (B) through (D) and 

inserting the following: 

‘‘(B) partner with State highway agencies and other 

stakeholders as appropriate to facilitate research and technology transfer activities; 

‘‘(C) communicate the results of ongoing and completed 

research; 

‘‘(D) lead efforts to coordinate national emphasis areas 

of highway research, technology, and innovation deployment; 

‘‘(E) leverage partnerships with industry, academia, 

international entities, and State departments of transportation; 

‘‘(F) lead efforts to reduce unnecessary duplication of 

effort; and 

‘‘(G) lead efforts to accelerate innovation delivery.’’; 

(F) in paragraph (5)(C) (as redesignated by subparagraph (A)) by striking ‘‘policy and planning’’ and inserting 

‘‘all highway objectives seeking to improve the performance 

of the transportation system’’; 

(G) in paragraph (6) (as redesignated by subparagraph 

(A)) in the second sentence, by inserting ‘‘tribal governments,’’ after ‘‘local governments,’’; 

(H) in paragraph (8) (as redesignated by subparagraph 

(A))— 

(i) in the first sentence, by striking ‘‘To the maximum’’ and inserting the following: 

‘‘(A) IN GENERAL.—To the maximum’’; 

(ii) in the second sentence, by striking ‘‘Performance measures’’ and inserting the following: 

‘‘(B) PERFORMANCE MEASURES.—Performance measures’’; 

(iii) in the third sentence, by striking ‘‘All evaluations’’ and inserting the following: 

‘‘(D) AVAILABILITY OF EVALUATIONS.—All evaluations 

under this paragraph’’; and 


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126 STAT. 868 PUBLIC LAW 112–141—JULY 6, 2012 

(iv) by inserting after subparagraph (B) the following: 

‘‘(C) PROGRAM PLAN.—To the maximum extent practicable, each program pursued under this chapter shall 

be part of a data-driven, outcome-oriented program plan.’’; 

and 

(I) in paragraph (9) (as redesignated by subparagraph 

(A)), by striking ‘‘surface’’; 

(3) in subsection (b)— 

(A) in paragraph (4) by striking ‘‘surface transportation 

research and technology development strategic plan developed under section 508’’ and inserting ‘‘transportation 

research and development strategic plan of the Secretary 

developed under section 508’’; 

(B) in paragraph (5) by striking ‘‘section’’ each place 

it appears and inserting ‘‘chapter’’; 

(C) in paragraph (6) by adding at the end the following: 

‘‘(C) TRANSFER OF AMOUNTS AMONG STATES OR TO FEDERAL HIGHWAY ADMINISTRATION.—The Secretary may, at 

the request of a State, transfer amounts apportioned or 

allocated to that State under this chapter to another State 

or the Federal Highway Administration to fund research, 

development, and technology transfer activities of mutual 

interest on a pooled funds basis. 

‘‘(D) TRANSFER OF OBLIGATION AUTHORITY.—Obligation 

authority for amounts transferred under this subsection 

shall be disbursed in the same manner and for the same 

amount as provided for the project being transferred.’’; 

and 

(D) by adding at the end the following: 

‘‘(7) PRIZE COMPETITIONS.— 

‘‘(A) IN GENERAL.—The Secretary may use up to 1 

percent of the funds made available under section 51001 

of the Transportation Research and Innovative Technology 

Act of 2012 to carry out a program to competitively award 

cash prizes to stimulate innovation in basic and applied 

research and technology development that has the potential 

for application to the national transportation system. 

‘‘(B) TOPICS.—In selecting topics for prize competitions 

under this paragraph, the Secretary shall— 

‘‘(i) consult with a wide variety of governmental 

and nongovernmental representatives; and 

‘‘(ii) 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 advertising 

efforts. 

‘‘(D) REQUIREMENTS AND REGISTRATION.—For each 

prize competition, the Secretary shall publish a notice on 

a public website that describes— 

‘‘(i) the subject of the competition; 

‘‘(ii) the eligibility rules for participation in the 

competition; 

‘‘(iii) the amount of the prize; and 

‘‘(iv) the basis on which a winner will be selected. 

Notice. 

Web posting. 

Consultation. 


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‘‘(E) ELIGIBILITY.—An individual or entity may not 

receive a prize under this paragraph unless the individual 

or entity— 

‘‘(i) has registered to participate in the competition 

pursuant to any rules promulgated by the Secretary 

under this section; 

‘‘(ii) has complied with all requirements under this 

paragraph; 

‘‘(iii)(I) in the case of a private entity, is incorporated in, and maintains a primary place of business 

in, the United States; or 

‘‘(II) in the case of an individual, whether participating singly or in a group, is a citizen or permanent 

resident of the United States; 

‘‘(iv) is not a Federal entity or Federal employee 

acting within the scope of his or her employment; 

and 

‘‘(v) has not received a grant to perform research 

on the same issue for which the prize is awarded. 

‘‘(F) LIABILITY.— 

‘‘(i) ASSUMPTION OF RISK.— 

‘‘(I) 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. 

‘‘(II) RELATED ENTITY.—In this subparagraph, 

the term ‘related entity’ means a contractor, subcontractor (at any tier), supplier, user, customer, 

cooperating party, grantee, investigator, or 

detailee. 

‘‘(ii) FINANCIAL RESPONSIBILITY.—A participant 

shall obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by— 

‘‘(I) 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 

‘‘(II) the Federal Government for damage or 

loss to Government property resulting from such 

an activity. 

‘‘(G) JUDGES.— 

‘‘(i) SELECTION.—Subject to clause (iii), for each 

prize competition, the Secretary, either directly or 

through an agreement under subparagraph (H), may 


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appoint 1 or more qualified judges to select the winner 

or winners of the prize competition on the basis of 

the criteria described in subparagraph (D). 

‘‘(ii) SELECTION.—Judges for each competition shall 

include individuals from outside the Federal Government, including the private sector. 

‘‘(iii) LIMITATIONS.—A judge selected under this 

subparagraph may not— 

‘‘(I) 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 paragraph; or 

‘‘(II) 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 paragraph. 

‘‘(I) FUNDING.— 

‘‘(i) IN GENERAL.— 

‘‘(I) PRIVATE SECTOR FUNDING.—A cash prize 

under this paragraph may consist of funds appropriated by the Federal Government and funds provided by the private sector. 

‘‘(II) GOVERNMENT FUNDING.—The Secretary 

may accept funds from other Federal agencies, 

State and local governments, and metropolitan 

planning organizations for a cash prize under this 

paragraph. 

‘‘(III) NO SPECIAL CONSIDERATION.—The Secretary may not give any special consideration to 

any private sector entity in return for a donation 

under this subparagraph. 

‘‘(ii) AVAILABILITY OF FUNDS.—Notwithstanding 

any other provision of law, amounts appropriated for 

prize awards under this paragraph— 

‘‘(I) shall remain available until expended; and 

‘‘(II) 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. 

‘‘(iii) SAVINGS PROVISION.—Nothing in this 

subparagraph may be construed to permit the obligation or payment of funds in violation of the AntiDeficiency Act (31 U.S.C. 1341). 

‘‘(iv) PRIZE ANNOUNCEMENT.—A prize may not be 

announced under this paragraph until all the funds 

needed to pay out the announced amount of the prize 

have been appropriated by a governmental source or 

committed to in writing by a private source. 

‘‘(v) PRIZE INCREASES.—The Secretary may 

increase the amount of a prize after the initial 

announcement of the prize under this paragraph if— 

‘‘(I) notice of the increase is provided in the 

same manner as the initial notice of the prize; 

and 

Time period. 


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‘‘(II) the funds needed to pay out the 

announced amount of the increase have been 

appropriated by a governmental source or committed to in writing by a private source. 

‘‘(vi) CONGRESSIONAL NOTIFICATION.—A prize competition under this paragraph 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 Committees on Transportation and Infrastructure and Science, Space, and 

Technology of the House of Representatives. 

‘‘(vii) 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. 

‘‘(J) COMPLIANCE WITH EXISTING LAW.—The Federal 

Government shall not, by virtue of offering or providing 

a prize under this paragraph, 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. 

‘‘(K) NOTICE AND ANNUAL REPORT.— 

‘‘(i) IN GENERAL.—Not later than 30 days prior 

to carrying out an activity under subparagraph (A), 

the Secretary shall notify the Committees on Transportation and Infrastructure and Science, Space, and 

Technology of the House of Representatives and the 

Committees on Environment and Public Works and 

Commerce, Science, and Transportation of the Senate 

of the intent to use such authority. 

‘‘(ii) REPORTS.— 

‘‘(I) IN GENERAL.—The Secretary shall submit 

to the committees described in clause (i) on an 

annual basis a report on the activities carried out 

under subparagraph (A) in the preceding fiscal 

year if the Secretary exercised the authority under 

subparagraph (A) in that fiscal year. 

‘‘(II) INFORMATION INCLUDED.—A report under 

this subparagraph shall include, for each prize 

competition under subparagraph (A)— 

‘‘(aa) a description of the proposed goals 

of the prize competition; 

‘‘(bb) an analysis of why the use of the 

authority under subparagraph (A) was the 

preferable method of achieving the goals 

described in item (aa) as opposed to other 

authorities available to the Secretary, such 

as contracts, grants, and cooperative agreements; 

‘‘(cc) the total amount of cash prizes 

awarded for each prize competition, including 

a description of the amount of private funds 

contributed to the program, the source of such 

funds, and the manner in which the amounts 

Time period. 


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of cash prizes awarded and claimed were allocated among the accounts of the Department 

for recording as obligations and expenditures; 

‘‘(dd) the methods used for the solicitation 

and evaluation of submissions under each 

prize competition, together with an assessment of the effectiveness of such methods and 

lessons learned for future prize competitions; 

‘‘(ee) a description of the resources, 

including personnel and funding, used in the 

execution of each prize competition together 

with a detailed description of the activities 

for which such resources were used and an 

accounting of how funding for execution was 

allocated among the accounts of the agency 

for recording as obligations and expenditures; 

and 

‘‘(ff) a description of how each prize competition advanced the mission of the Department.’’; 

(4) in subsection (c)— 

(A) in paragraph (3)(A)— 

(i) by striking ‘‘subsection’’ and inserting ‘‘chapter’’; 

and 

(ii) by striking ‘‘50’’ and inserting ‘‘80’’; and 

(B) in paragraph (4) by striking ‘‘subsection’’ and 

inserting ‘‘chapter’’; and 

(5) by striking subsections (d) through (j). 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by striking the item 

relating to section 502 and inserting the following: 

‘‘502. Surface transportation research, development, and technology.’’ 

SEC. 52003. RESEARCH AND TECHNOLOGY DEVELOPMENT AND 

DEPLOYMENT. 

(a) IN GENERAL.—Section 503 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 503. Research and technology development and deployment 

‘‘(a) IN GENERAL.—The Secretary shall— 

‘‘(1) carry out research, development, and deployment 

activities that encompass the entire innovation lifecycle; and 

‘‘(2) ensure that all research carried out under this section 

aligns with the transportation research and development strategic plan of the Secretary under section 508. 

‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.— 

‘‘(1) OBJECTIVES.—In carrying out the highway research 

and development program, the Secretary, to address current 

and emerging highway transportation needs, shall— 

‘‘(A) identify research topics; 

‘‘(B) coordinate research and development activities; 

‘‘(C) carry out research, testing, and evaluation activities; and 

‘‘(D) provide technology transfer and technical assistance. 

‘‘(2) IMPROVING HIGHWAY SAFETY.— 


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‘‘(A) IN GENERAL.—The Secretary shall carry out 

research and development activities from an integrated 

perspective to establish and implement systematic measures to improve highway safety. 

‘‘(B) OBJECTIVES.—In carrying out this paragraph, the 

Secretary shall carry out research and development activities— 

‘‘(i) to achieve greater long-term safety gains; 

‘‘(ii) to reduce the number of fatalities and serious 

injuries on public roads; 

‘‘(iii) to fill knowledge gaps that limit the effectiveness of research; 

‘‘(iv) to support the development and implementation of State strategic highway safety plans; 

‘‘(v) to advance improvements in, and use of, 

performance prediction analysis for decisionmaking; 

and 

‘‘(vi) to expand technology transfer to partners and 

stakeholders. 

‘‘(C) CONTENTS.—Research and technology activities 

carried out under this paragraph may include— 

‘‘(i) safety assessments and decisionmaking tools; 

‘‘(ii) data collection and analysis; 

‘‘(iii) crash reduction projections; 

‘‘(iv) low-cost safety countermeasures; 

‘‘(v) innovative operational improvements and 

designs of roadway and roadside features; 

‘‘(vi) evaluation of countermeasure costs and benefits; 

‘‘(vii) development of tools for projecting impacts 

of safety countermeasures; 

‘‘(viii) rural road safety measures; 

‘‘(ix) safety measures for vulnerable road users, 

including bicyclists and pedestrians; 

‘‘(x) safety policy studies; 

‘‘(xi) human factors studies and measures; 

‘‘(xii) safety technology deployment; 

‘‘(xiii) safety workforce professional capacity 

building initiatives; 

‘‘(xiv) safety program and process improvements; 

and 

‘‘(xv) tools and methods to enhance safety performance, including achievement of statewide safety 

performance targets. 

‘‘(3) IMPROVING INFRASTRUCTURE INTEGRITY.— 

‘‘(A) IN GENERAL.—The Secretary shall carry out and 

facilitate highway and bridge infrastructure research and 

development activities— 

‘‘(i) to maintain infrastructure integrity; 

‘‘(ii) to meet user needs; and 

‘‘(iii) to link Federal transportation investments 

to improvements in system performance. 

‘‘(B) OBJECTIVES.—In carrying out this paragraph, the 

Secretary shall carry out research and development activities— 

‘‘(i) to reduce the number of fatalities attributable 

to infrastructure design characteristics and work zones; 


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‘‘(ii) to improve the safety and security of highway 

infrastructure; 

‘‘(iii) to increase the reliability of lifecycle performance predictions used in infrastructure design, 

construction, and management; 

‘‘(iv) to improve the ability of transportation agencies to deliver projects that meet expectations for timeliness, quality, and cost; 

‘‘(v) to reduce user delay attributable to infrastructure system performance, maintenance, rehabilitation, 

and construction; 

‘‘(vi) to improve highway condition and performance through increased use of design, materials, 

construction, and maintenance innovations; 

‘‘(vii) to reduce the environmental impacts of highway infrastructure through innovations in design, 

construction, operation, preservation, and maintenance; and 

‘‘(viii) to study vulnerabilities of the transportation 

system to seismic activities and extreme events and 

methods to reduce those vulnerabilities. 

‘‘(C) CONTENTS.—Research and technology activities 

carried out under this paragraph may include— 

‘‘(i) long-term infrastructure performance programs 

addressing pavements, bridges, tunnels, and other 

structures; 

‘‘(ii) short-term and accelerated studies of infrastructure performance; 

‘‘(iii) research to develop more durable infrastructure materials and systems; 

‘‘(iv) advanced infrastructure design methods; 

‘‘(v) accelerated highway and bridge construction; 

‘‘(vi) performance-based specifications; 

‘‘(vii) construction and materials quality assurance; 

‘‘(viii) comprehensive and integrated infrastructure 

asset management; 

‘‘(ix) infrastructure safety assurance; 

‘‘(x) sustainable infrastructure design and 

construction; 

‘‘(xi) infrastructure rehabilitation and preservation 

techniques, including techniques to rehabilitate and 

preserve historic infrastructure; 

‘‘(xii) hydraulic, geotechnical, and aerodynamic 

aspects of infrastructure; 

‘‘(xiii) improved highway construction technologies 

and practices; 

‘‘(xiv) improved tools, technologies, and models for 

infrastructure management, including assessment and 

monitoring of infrastructure condition; 

‘‘(xv) studies to improve flexibility and resiliency 

of infrastructure systems to withstand climate variability; 

‘‘(xvi) studies on the effectiveness of fiber-based 

additives to improve the durability of surface transportation materials in various geographic regions; 

‘‘(xvii) studies of infrastructure resilience and other 

adaptation measures; 


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‘‘(xviii) maintenance of seismic research activities, 

including research carried out in conjunction with other 

Federal agencies to study the vulnerability of the 

transportation system to seismic activity and methods 

to reduce that vulnerability; and 

‘‘(xix) technology transfer and adoption of permeable, pervious, or porous paving materials, practices, 

and systems that are designed to minimize environmental impacts, stormwater runoff, and flooding and 

to treat or remove pollutants by allowing stormwater 

to infiltrate through the pavement in a manner similar 

to predevelopment hydrologic conditions. 

‘‘(D) LIFECYCLE COSTS ANALYSIS STUDY.— 

‘‘(i) IN GENERAL.—In this subparagraph, the term 

‘lifecycle costs analysis’ means a process for evaluating 

the total economic worth of a usable project segment 

by analyzing initial costs and discounted future costs, 

such as maintenance, user, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of 

the project segment. 

‘‘(ii) STUDY.—The Comptroller General shall conduct a study of the best practices for calculating 

lifecycle costs and benefits for federally funded highway 

projects, which shall include, at a minimum, a thorough 

literature review and a survey of current lifecycle cost 

practices of State departments of transportation. 

‘‘(iii) CONSULTATION.—In carrying out the study, 

the Comptroller shall consult with, at a minimum— 

‘‘(I) the American Association of State Highway and Transportation Officials; 

‘‘(II) appropriate experts in the field of lifecycle 

cost analysis; and 

‘‘(III) appropriate industry experts and 

research centers. 

‘‘(E) REPORT.—Not later than 1 year after the date 

of enactment of the Transportation Research and Innovative Technology Act of 2012, the Comptroller General shall 

submit to the Committee on Environment and Public Works 

of the Senate and the Committees on Transportation and 

Infrastructure and Science, Space, and Technology of the 

House of Representatives a report on the results of the 

study which shall include— 

‘‘(i) a summary of the latest research on lifecycle 

cost analysis; and 

‘‘(ii) recommendations on the appropriate— 

‘‘(I) period of analysis; 

‘‘(II) design period; 

‘‘(III) discount rates; and 

‘‘(IV) use of actual material life and maintenance cost data. 

‘‘(4) STRENGTHENING TRANSPORTATION PLANNING AND

ENVIRONMENTAL DECISIONMAKING.— 

‘‘(A) IN GENERAL.—The Secretary may carry out 

research— 

‘‘(i) to minimize the cost of transportation planning 

and environmental decisionmaking processes; 

Definition. 


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‘‘(ii) to improve transportation planning and 

environmental decisionmaking processes; and 

‘‘(iii) to minimize the potential impact of surface 

transportation on the environment. 

‘‘(B) OBJECTIVES.—In carrying out this paragraph the 

Secretary may carry out research and development activities— 

‘‘(i) to minimize the cost of highway infrastructure 

and operations; 

‘‘(ii) to reduce the potential impact of highway 

infrastructure and operations on the environment; 

‘‘(iii) to advance improvements in environmental 

analyses and processes and context sensitive solutions 

for transportation decisionmaking; 

‘‘(iv) to improve construction techniques; 

‘‘(v) to accelerate construction to reduce congestion 

and related emissions; 

‘‘(vi) to reduce the impact of highway runoff on 

the environment; 

‘‘(vii) to improve understanding and modeling of 

the factors that contribute to the demand for transportation; and 

‘‘(viii) to improve transportation planning decisionmaking and coordination. 

‘‘(C) CONTENTS.—Research and technology activities 

carried out under this paragraph may include— 

‘‘(i) creation of models and tools for evaluating 

transportation measures and transportation system 

designs, including the costs and benefits; 

‘‘(ii) congestion reduction efforts; 

‘‘(iii) transportation and economic development 

planning in rural areas and small communities; 

‘‘(iv) improvement of State, local, and tribal government capabilities relating to surface transportation 

planning and the environment; and 

‘‘(v) streamlining of project delivery processes. 

‘‘(5) REDUCING CONGESTION, IMPROVING HIGHWAY OPERATIONS, AND ENHANCING FREIGHT PRODUCTIVITY.— 

‘‘(A) IN GENERAL.—The Secretary shall carry out 

research under this paragraph with the goals of— 

‘‘(i) addressing congestion problems; 

‘‘(ii) reducing the costs of congestion; 

‘‘(iii) improving freight movement; 

‘‘(iv) increasing productivity; and 

‘‘(v) improving the economic competitiveness of the 

United States. 

‘‘(B) OBJECTIVES.—In carrying out this paragraph, the 

Secretary shall carry out research and development activities to identify, develop, and assess innovations that have 

the potential— 

‘‘(i) to reduce traffic congestion; 

‘‘(ii) to improve freight movement; and 

‘‘(iii) to reduce freight-related congestion throughout the transportation network. 

‘‘(C) CONTENTS.—Research and technology activities 

carried out under this paragraph may include— 

‘‘(i) active traffic and demand management; 


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‘‘(ii) acceleration of the implementation of Intelligent Transportation Systems technology; 

‘‘(iii) advanced transportation concepts and analysis; 

‘‘(iv) arterial management and traffic signal operation; 

‘‘(v) congestion pricing; 

‘‘(vi) corridor management; 

‘‘(vii) emergency operations; 

‘‘(viii) research relating to enabling technologies 

and applications; 

‘‘(ix) freeway management; 

‘‘(x) evaluation of enabling technologies; 

‘‘(xi) impacts of vehicle size and weight on congestion; 

‘‘(xii) freight operations and technology; 

‘‘(xiii) operations and freight performance measurement and management; 

‘‘(xiv) organization and planning for operations; 

‘‘(xv) planned special events management; 

‘‘(xvi) real-time transportation information; 

‘‘(xvii) road weather management; 

‘‘(xviii) traffic and freight data and analysis tools; 

‘‘(xix) traffic control devices; 

‘‘(xx) traffic incident management; 

‘‘(xxi) work zone management; 

‘‘(xxii) communication of travel, roadway, and 

emergency information to persons with disabilities; 

‘‘(xxiii) research on enhanced mode choice and 

intermodal connectivity; 

‘‘(xxiv) techniques for estimating and quantifying 

public benefits derived from freight transportation 

projects; and 

‘‘(xxv) other research areas to identify and address 

emerging needs related to freight transportation by 

all modes. 

‘‘(6) EXPLORATORY ADVANCED RESEARCH.—The Secretary 

shall carry out research and development activities relating 

to exploratory advanced research— 

‘‘(A) to leverage the targeted capabilities of the TurnerFairbank Highway Research Center to develop technologies 

and innovations of national importance; and 

‘‘(B) to develop potentially transformational solutions 

to improve the durability, efficiency, environmental impact, 

productivity, and safety aspects of highway and intermodal 

transportation systems. 

‘‘(7) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.— 

‘‘(A) IN GENERAL.—The Secretary shall continue to 

operate in the Federal Highway Administration a TurnerFairbank Highway Research Center. 

‘‘(B) USES OF THE CENTER.—The Turner-Fairbank 

Highway Research Center shall support— 

‘‘(i) the conduct of highway research and development relating to emerging highway technology; 

‘‘(ii) the development of understandings, tools, and 

techniques that provide solutions to complex technical 

problems through the development of economical and 

Operation. 


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environmentally sensitive designs, efficient and 

quality-controlled construction practices, and durable 

materials; 

‘‘(iii) the development of innovative highway products and practices; and 

‘‘(iv) the conduct of long-term, high-risk research 

to improve the materials used in highway infrastructure. 

‘‘(8) INFRASTRUCTURE INVESTMENT NEEDS REPORT.— ‘‘(A) IN GENERAL.—Not later than July 31, 2013, and 

July 31 of every second year thereafter, the Secretary shall 

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Environment and Public Works of the Senate a report 

that describes estimates of the future highway and bridge 

needs of the United States and the backlog of current 

highway and bridge needs. 

‘‘(B) COMPARISONS.—Each report under subparagraph 

(A) shall include all information necessary to relate and 

compare the conditions and service measures used in the 

previous biennial reports to conditions and service measures used in the current report. 

‘‘(C) INCLUSIONS.—Each report under subparagraph (A) 

shall provide recommendations to Congress on changes 

to the highway performance monitoring system that 

address— 

‘‘(i) improvements to the quality and standardization of data collection on all functional classifications 

of Federal-aid highways for accurate system length, 

lane length, and vehicle-mile of travel; and 

‘‘(ii) changes to the reporting requirements authorized under section 315, to reflect recommendations 

under this paragraph for collection, storage, analysis, 

reporting, and display of data for Federal-aid highways 

and, to the maximum extent practical, all public roads. 

‘‘(c) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall carry out a technology and innovation deployment program relating to all 

aspects of highway transportation, including planning, 

financing, operation, structures, materials, pavements, environment, construction, and the duration of time between project 

planning and project delivery, with the goals of— 

‘‘(A) significantly accelerating the adoption of innovative technologies by the surface transportation community; 

‘‘(B) providing leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated 

performance standards, and new business practices in highway construction processes that result in improved safety, 

faster construction, reduced congestion from construction, 

and improved quality and user satisfaction; 

‘‘(C) constructing longer-lasting highways through the 

use of innovative technologies and practices that lead to 

faster construction of efficient and safe highways and 

bridges; 

‘‘(D) improving highway efficiency, safety, mobility, 

reliability, service life, environmental protection, and 

sustainability; and 


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‘‘(E) developing and deploying new tools, techniques, 

and practices to accelerate the adoption of innovation in 

all aspects of highway transportation. 

‘‘(2) IMPLEMENTATION.— 

‘‘(A) IN GENERAL.—The Secretary shall promote, facilitate, and carry out the program established under paragraph (1) to distribute the products, technologies, tools, 

methods, or other findings that result from highway 

research and development activities, including research and 

development activities carried out under this chapter. 

‘‘(B) ACCELERATED INNOVATION DEPLOYMENT.—In carrying out the program established under paragraph (1), 

the Secretary shall— 

‘‘(i) establish and carry out demonstration programs; 

‘‘(ii) provide technical assistance, and training to 

researchers and developers; and 

‘‘(iii) develop improved tools and methods to accelerate the adoption of proven innovative practices and 

technologies as standard practices. 

‘‘(C) IMPLEMENTATION OF FUTURE STRATEGIC HIGHWAY

RESEARCH PROGRAM FINDINGS AND RESULTS.— 

‘‘(i) IN GENERAL.—The Secretary, in consultation 

with the American Association of State Highway and 

Transportation Officials and the Transportation 

Research Board of the National Academy of Sciences, 

shall promote research results and products developed 

under the future strategic highway research program 

administered by the Transportation Research Board 

of the National Academy of Sciences. 

‘‘(ii) BASIS FOR FINDINGS.—The activities carried 

out under this subparagraph shall be based on the 

report submitted to Congress by the Transportation 

Research Board of the National Academy of Sciences 

under section 510(e). 

‘‘(iii) PERSONNEL.—The Secretary may use funds 

made available to carry out this subsection for administrative costs under this subparagraph. 

‘‘(3) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF

PAVEMENT TECHNOLOGIES.— 

‘‘(A) IN GENERAL.—The Secretary shall establish and 

implement a program under the technology and innovation 

deployment program to promote, implement, deploy, demonstrate, showcase, support, and document the application 

of innovative pavement technologies, practices, performance, and benefits. 

‘‘(B) GOALS.—The goals of the accelerated implementation and deployment of pavement technologies program 

shall include— 

‘‘(i) the deployment of new, cost-effective designs, 

materials, recycled materials, and practices to extend 

the pavement life and performance and to improve 

user satisfaction; 

‘‘(ii) the reduction of initial costs and lifecycle costs 

of pavements, including the costs of new construction, 

replacement, maintenance, and rehabilitation; 


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‘‘(iii) the deployment of accelerated construction 

techniques to increase safety and reduce construction 

time and traffic disruption and congestion; 

‘‘(iv) the deployment of engineering design criteria 

and specifications for new and efficient practices, products, and materials for use in highway pavements; 

‘‘(v) the deployment of new nondestructive and 

real-time pavement evaluation technologies and 

construction techniques; and 

‘‘(vi) effective technology transfer and information 

dissemination to accelerate implementation of new 

technologies and to improve life, performance, cost 

effectiveness, safety, and user satisfaction. 

‘‘(C) FUNDING.—The Secretary shall obligate for each 

of fiscal years 2013 through 2014 from funds made available to carry out this subsection $12,000,000 to accelerate 

the deployment and implementation of pavement technology.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by striking the item 

relating to section 503 and inserting the following: 

‘‘503. Research and technology development and deployment.’’. 

SEC. 52004. TRAINING AND EDUCATION. 

Section 504 of title 23, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)(A) by inserting ‘‘and the employees 

of any other applicable Federal agency’’ before the semicolon at the end; and 

(B) in paragraph (3)(A)(ii)(V) by striking ‘‘expediting’’ 

and inserting ‘‘reducing the amount of time required for’’; 

(2) in subsection (b) by striking paragraph (3) and inserting 

the following: 

‘‘(3) FEDERAL SHARE.— ‘‘(A) LOCAL TECHNICAL ASSISTANCE CENTERS.— 

‘‘(i) IN GENERAL.—Subject to subparagraph (B), the 

Federal share of the cost of an activity carried out 

by a local technical assistance center under paragraphs 

(1) and (2) shall be 50 percent. 

‘‘(ii) NON-FEDERAL SHARE.—The non-Federal share 

of the cost of an activity described in clause (i) may 

consist of amounts provided to a recipient under subsection (e) or section 505, up to 100 percent of the 

non-Federal share. 

‘‘(B) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The 

Federal share of the cost of an activity carried out by 

a tribal technical assistance center under paragraph 

(2)(D)(ii) shall be 100 percent.’’; 

(3) in subsection (c)(2)— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(A) IN GENERAL.—The Secretary’’; 

(B) in subparagraph (A) (as designated by subparagraph (A)) by striking ‘‘. The program’’ and inserting ‘‘, 

which program’’; and 

(C) by adding at the end the following: 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 881 

‘‘(B) USE OF AMOUNTS.—Amounts provided to institutions of higher education to carry out this paragraph shall 

be used to provide direct support of student expenses.’’; 

(4) in subsection (e)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A) by 

striking ‘‘sections 104(b)(1), 104(b)(2), 104(b)(3), 

104(b)(4), and 144(e)’’ and inserting ‘‘paragraphs (1) 

through (4) of section 104(b)’’; 

(ii) in subparagraph (D) by striking ‘‘and’’ at the 

end; 

(iii) in subparagraph (E) by striking the period 

and inserting a semicolon; and 

(iv) by adding at the end the following: 

‘‘(F) activities carried out by the National Highway 

Institute under subsection (a); and 

‘‘(G) local technical assistance programs under subsection (b).’’; and 

(B) in paragraph (2) by inserting ‘‘, except for activities 

carried out under paragraph (1)(G), for which the Federal 

share shall be 50 percent’’ before the period at the end; 

(5) in subsection (f) in the heading, by striking ‘‘PILOT’’; 

(6) in subsection (g)(4)(F) by striking ‘‘excellence’’ and 

inserting ‘‘stewardship’’; and 

(7) by adding at the end the following: 

‘‘(h) CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.— 

‘‘(1) IN GENERAL.—The Secretary shall make grants under 

this section to establish and maintain centers for surface 

transportation excellence. 

‘‘(2) GOALS.—The goals of a center referred to in paragraph 

(1) shall be to promote and support strategic national surface 

transportation programs and activities relating to the work 

of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project 

finance. 

‘‘(3) ROLE OF THE CENTERS.—To achieve the goals set forth 

in paragraph (2), any centers established under paragraph (1) 

shall provide technical assistance, information sharing of best 

practices, and training in the use of tools and decisionmaking 

processes that can assist States in effectively implementing 

surface transportation programs, projects, and policies. 

‘‘(4) PROGRAM ADMINISTRATION.— 

‘‘(A) COMPETITION.—A party entering into a contract, 

cooperative agreement, or other transaction with the Secretary under this subsection, or receiving a grant to perform 

research or provide technical assistance under this subsection, shall be selected on a competitive basis. 

‘‘(B) STRATEGIC PLAN.—The Secretary shall require 

each center to develop a multiyear strategic plan, that— 

‘‘(i) is submitted to the Secretary at such time 

as the Secretary requires; and 

‘‘(ii) describes— 

‘‘(I) the activities to be undertaken by the 

center; and 

‘‘(II) how the work of the center will be coordinated with the activities of the Federal Highway 

Administration and the various other research, 

Contracts. 

Grants. 

Grants. 


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126 STAT. 882 PUBLIC LAW 112–141—JULY 6, 2012 

development, and technology transfer activities 

authorized under this chapter.’’. 

SEC. 52005. STATE PLANNING AND RESEARCH. 

Section 505 of title 23, United States Code, is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1) by striking 

‘‘section 104 (other than sections 104(f) and 104(h)) and 

under section 144’’ and inserting ‘‘paragraphs (1) through 

(4) of section 104(b)’’; and 

(B) in paragraph (3) by striking ‘‘under section 303’’ 

and inserting ‘‘, plans, and processes under sections 119, 

148, 149, and 167’’; 

(2) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; 

(3) by inserting after subsection (b) the following: 

‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC HIGHWAY

RESEARCH PROGRAM FINDINGS AND RESULTS.— 

‘‘(1) FUNDS.—A State shall make available to the Secretary 

to carry out section 503(c)(2)(C) a percentage of funds subject 

to subsection (a) that are apportioned to that State, that is 

agreed to by 3⁄4 of States for each of fiscal years 2013 and 

2014. 

‘‘(2) TREATMENT OF FUNDS.—Funds expended under paragraph (1) shall not be considered to be part of the extramural 

budget of the agency for the purpose of section 9 of the Small 

Business Act (15 U.S.C. 638).’’; and 

(4) in subsection (e) (as so redesignated) by striking ‘‘section 

118(b)(2)’’ and inserting ‘‘section 118(b)’’. 

SEC. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM. 

(a) IN GENERAL.—Section 506 of title 23, United States Code, 

is repealed. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by striking the item 

relating to section 506. 

SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE RESEARCH PROGRAM. 

(a) IN GENERAL.—Section 507 of title 23, United States Code, 

is repealed. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by striking the item 

relating to section 507. 

SEC. 52008. NATIONAL COOPERATIVE FREIGHT RESEARCH. 

(a) IN GENERAL.—Section 509 of title 23, United States Code, 

is repealed. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by striking the item 

relating to section 509. 

SEC. 52009. UNIVERSITY TRANSPORTATION CENTERS PROGRAM. 

(a) IN GENERAL.—Section 5505 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 5505. University transportation centers program 

‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.— 

Grants. 

Repeal. 

Repeal. 

Repeal. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 883 

‘‘(1) ESTABLISHMENT AND OPERATION.—The Secretary shall 

make grants under this section to eligible nonprofit institutions 

of higher education to establish and operate university 

transportation centers. 

‘‘(2) ROLE OF CENTERS.—The role of each university 

transportation center referred to in paragraph (1) shall be— 

‘‘(A) to advance transportation expertise and technology 

in the varied disciplines that comprise the field of transportation through education, research, and technology transfer 

activities; 

‘‘(B) to provide for a critical transportation knowledge 

base outside of the Department of Transportation; and 

‘‘(C) to address critical workforce needs and educate 

the next generation of transportation leaders. 

‘‘(b) COMPETITIVE SELECTION PROCESS.— 

‘‘(1) APPLICATIONS.—To receive a grant under this section, 

a nonprofit institution of higher education shall submit to the 

Secretary an application that is in such form and contains 

such information as the Secretary may require. 

‘‘(2) RESTRICTION.—A nonprofit institution of higher education or the lead institution of a consortium of nonprofit 

institutions of higher education, as applicable, that receives 

a grant for a national transportation center or a regional 

transportation center in a fiscal year shall not be eligible to 

receive as a lead institution or member of a consortium an 

additional grant in that fiscal year for a national transportation 

center or a regional transportation center. 

‘‘(3) COORDINATION.—The Secretary shall solicit grant 

applications for national transportation centers, regional 

transportation centers, and Tier 1 university transportation 

centers with identical advertisement schedules and deadlines. 

‘‘(4) GENERAL SELECTION CRITERIA.— 

‘‘(A) IN GENERAL.—Except as otherwise provided by 

this section, the Secretary shall award grants under this 

section in nonexclusive candidate topic areas established 

by the Secretary that address the research priorities identified in section 503 of title 23. 

‘‘(B) CRITERIA.—The Secretary, in consultation as 

appropriate with the Administrators of the Federal Highway Administration and the Federal Transit Administration, shall select each recipient of a grant under this section 

through a competitive process based on the assessment 

of the Secretary relating to— 

‘‘(i) the demonstrated ability of the recipient to 

address each specific topic area described in the 

research and strategic plans of the recipient; 

‘‘(ii) the demonstrated research, technology 

transfer, and education resources available to the 

recipient to carry out this section; 

‘‘(iii) the ability of the recipient to provide leadership in solving immediate and long-range national and 

regional transportation problems; 

‘‘(iv) the ability of the recipient to carry out 

research, education, and technology transfer activities 

that are multimodal and multidisciplinary in scope; 

Assessment. 


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126 STAT. 884 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(v) the demonstrated commitment of the recipient 

to carry out transportation workforce development programs through— 

‘‘(I) degree-granting programs; and 

‘‘(II) outreach activities to attract new entrants 

into the transportation field; 

‘‘(vi) the demonstrated ability of the recipient to 

disseminate results and spur the implementation of 

transportation research and education programs 

through national or statewide continuing education 

programs; 

‘‘(vii) the demonstrated commitment of the 

recipient to the use of peer review principles and other 

research best practices in the selection, management, 

and dissemination of research projects; 

‘‘(viii) the strategic plan submitted by the recipient 

describing the proposed research to be carried out by 

the recipient and the performance metrics to be used 

in assessing the performance of the recipient in 

meeting the stated research, technology transfer, education, and outreach goals; and 

‘‘(ix) the ability of the recipient to implement the 

proposed program in a cost-efficient manner, such as 

through cost sharing and overall reduced overhead, 

facilities, and administrative costs. 

‘‘(5) TRANSPARENCY.— 

‘‘(A) IN GENERAL.—The Secretary shall provide to each 

applicant, upon request, any materials, including copies 

of reviews (with any information that would identify a 

reviewer redacted), used in the evaluation process of the 

proposal of the applicant. 

‘‘(B) REPORTS.—The Secretary shall submit to the 

Committees on Transportation and Infrastructure and 

Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works 

of the Senate a report describing the overall review process 

under paragraph (3) that includes— 

‘‘(i) specific criteria of evaluation used in the 

review; 

‘‘(ii) descriptions of the review process; and 

‘‘(iii) explanations of the selected awards. 

‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the 

maximum extent practicable, consult external stakeholders 

such as the Transportation Research Board of the National 

Academy of Sciences to evaluate and competitively review all 

proposals. 

‘‘(c) GRANTS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of the Transportation Research and Innovative 

Technology Act of 2012, the Secretary, in consultation as appropriate with the Administrators of the Federal Highway 

Administration and the Federal Transit Administration, shall 

select grant recipients under subsection (b) and make grant 

amounts available to the selected recipients. 

‘‘(2) NATIONAL TRANSPORTATION CENTERS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall provide grants to 5 recipients that the 

Deadline. 

Consultation. 

Evaluation. 

Review. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 885 

Secretary determines best meet the criteria described in 

subsection (b)(3). 

‘‘(B) RESTRICTIONS.— 

‘‘(i) IN GENERAL.—For each fiscal year, a grant 

made available under this paragraph shall be 

$3,000,000 per recipient. 

‘‘(ii) FOCUSED RESEARCH.—The grant recipients 

under this paragraph shall focus research on national 

transportation issues, as determined by the Secretary. 

‘‘(C) MATCHING REQUIREMENT.— ‘‘(i) IN GENERAL.—As a condition of receiving a 

grant under this paragraph, a grant recipient shall 

match 100 percent of the amounts made available 

under the grant. 

‘‘(ii) SOURCES.—The matching amounts referred to 

in clause (i) may include amounts made available to 

the recipient under section 504(b) or 505 of title 23. 

‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.— 

‘‘(A) LOCATION OF REGIONAL CENTERS.—One regional 

university transportation center shall be located in each 

of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and 

Budget in the document entitled ‘Standard Federal Regions’ 

and dated April, 1974 (circular A-105). 

‘‘(B) SELECTION CRITERIA.—In conducting a competition 

under subsection (b), the Secretary shall provide grants 

to 10 recipients on the basis of— 

‘‘(i) the criteria described in subsection (b)(3); 

‘‘(ii) the location of the center within the Federal 

region to be served; and 

‘‘(iii) whether the institution (or, in the case of 

consortium of institutions, the lead institution) demonstrates that the institution has a well-established, 

nationally recognized program in transportation 

research and education, as evidenced by— 

‘‘(I) recent expenditures by the institution in 

highway or public transportation research; 

‘‘(II) a historical track record of awarding graduate degrees in professional fields closely related 

to highways and public transportation; and 

‘‘(III) an experienced faculty who specialize in 

professional fields closely related to highways and 

public transportation. 

‘‘(C) RESTRICTIONS.—For each fiscal year, a grant made 

available under this paragraph shall be $2,750,000 for each 

recipient. 

‘‘(D) MATCHING REQUIREMENTS.— 

‘‘(i) IN GENERAL.—As a condition of receiving a 

grant under this paragraph, a grant recipient shall 

match 100 percent of the amounts made available 

under the grant. 

‘‘(ii) SOURCES.—The matching amounts referred to 

in the clause (i) may include amounts made available 

to the recipient under section 504(b) or 505 of title 

23. 

‘‘(E) FOCUSED RESEARCH.—The Secretary shall make 

a grant to 1 of the 10 regional university transportation 

Determination. 


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126 STAT. 886 PUBLIC LAW 112–141—JULY 6, 2012 

centers established under this paragraph for the purpose 

of furthering the objectives described in subsection (a)(2) 

in the field of comprehensive transportation safety. 

‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CENTERS.— ‘‘(A) IN GENERAL.—The Secretary shall provide grants of $1,500,000 each to not more than 20 recipients to carry 

out this paragraph. 

‘‘(B) RESTRICTION.—A lead institution of a consortium 

that receives a grant under paragraph (2) or (3) shall 

not be eligible to receive a grant under this paragraph. 

‘‘(C) MATCHING REQUIREMENT.— ‘‘(i) IN GENERAL.—Subject to clause (iii), as a condition of receiving a grant under this paragraph, a grant 

recipient shall match 50 percent of the amounts made 

available under the grant. 

‘‘(ii) SOURCES.—The matching amounts referred to 

in clause (i) may include amounts made available to 

the recipient under section 504(b) or 505 of title 23. 

‘‘(iii) EXEMPTION.—This subparagraph shall not 

apply on a demonstration of financial hardship by the 

applicant institution. 

‘‘(D) FOCUSED RESEARCH.—In awarding grants under 

this paragraph, consideration shall be given to minority 

institutions, as defined by section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k), or consortia that 

include such institutions that have demonstrated an ability 

in transportation-related research. 

‘‘(d) PROGRAM COORDINATION.— 

‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) coordinate the research, education, and technology 

transfer activities carried out by grant recipients under 

this section; and 

‘‘(B) disseminate the results of that research through 

the establishment and operation of an information clearinghouse. 

‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not less frequently 

than annually, and consistent with the plan developed under 

section 508 of title 23, the Secretary shall— 

‘‘(A) review and evaluate the programs carried out 

under this section by grant recipients; and 

‘‘(B) submit to the Committees on Transportation and 

Infrastructure and Science, Space, and Technology of the 

House of Representatives and the Committee on Environment and Public Works of the Senate a report describing 

that review and evaluation. 

‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.—For each of 

fiscal years 2013 and 2014, the Secretary shall expend not 

more than 11⁄2 percent of the amounts made available to the 

Secretary to carry out this section for any coordination, evaluation, and oversight activities of the Secretary under this section. 

‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.—Amounts made 

available to the Secretary to carry out this section shall remain 

available for obligation by the Secretary for a period of 3 years 

after the last day of the fiscal year for which the amounts are 

appropriated. 

‘‘(f) INFORMATION COLLECTION.—Any survey, questionnaire, or 

interview that the Secretary determines to be necessary to carry 

Time period. 

Reports. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 887 

out reporting requirements relating to any program assessment 

or evaluation activity under this section, including customer satisfaction assessments, shall not be subject to chapter 35 of title 

44.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 55 

of title 49, United States Code, is amended by striking the item 

relating to section 5505 and inserting the following: 

‘‘5505. University transportation centers program.’’. 

SEC. 52010. UNIVERSITY TRANSPORTATION RESEARCH. 

(a) IN GENERAL.—Section 5506 of title 49, United States Code, 

is repealed. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 55 

of title 49, United States Code, is amended by striking the item 

relating to section 5506. 

SEC. 52011. 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 

‘‘Sec. 

‘‘6301. Definitions. 

‘‘6302. Bureau of Transportation Statistics. 

‘‘6303. Intermodal transportation database. 

‘‘6304. National Transportation Library. 

‘‘6305. Advisory council on transportation statistics. 

‘‘6306. Transportation statistical collection, analysis, and dissemination. 

‘‘6307. Furnishing of information, data, or reports by Federal agencies. 

‘‘6308. Proceeds of data product sales. 

‘‘6309. National transportation atlas database. 

‘‘6310. Limitations on statutory construction. 

‘‘6311. Research and development grants. 

‘‘6312. Transportation statistics annual report. 

‘‘6313. Mandatory response authority for freight data collection. 

‘‘§ 6301. Definitions 

‘‘In this chapter, the following definitions apply: 

‘‘(1) BUREAU.—The term ‘Bureau’ means the Bureau of 

Transportation Statistics established by section 6302(a). 

‘‘(2) DEPARTMENT.—The term ‘Department’ means the 

Department of Transportation. 

‘‘(3) DIRECTOR.—The term ‘Director’ means the Director 

of the Bureau. 

‘‘(4) LIBRARY.—The term ‘Library’ means the National 

Transportation Library established by section 6304(a). 

‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Transportation. 

‘‘§ 6302. Bureau of Transportation Statistics 

‘‘(a) ESTABLISHMENT.—There is established in the Research and 

Innovative Technology Administration the Bureau of Transportation 

Statistics. 

‘‘(b) DIRECTOR.— 

‘‘(1) APPOINTMENT.—The Bureau shall be headed by a 

Director, who shall be appointed in the competitive service 

by the Secretary. 

‘‘(2) QUALIFICATIONS.—The Director shall be appointed from 

among individuals who are qualified to serve as the Director 

Repeal. 


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by virtue of their training and experience in the collection, 

analysis, and use of transportation statistics. 

‘‘(3) DUTIES.— 

‘‘(A) IN GENERAL.—The Director shall— 

‘‘(i) serve as the senior advisor to the Secretary 

on data and statistics; and 

‘‘(ii) be responsible for carrying out the duties 

described in subparagraph (B). 

‘‘(B) DUTIES.—The Director shall— 

‘‘(i) ensure that the statistics compiled under 

clause (vi) are designed to support transportation 

decisionmaking by— 

‘‘(I) the Federal Government; 

‘‘(II) State and local governments; 

‘‘(III) metropolitan planning organizations; 

‘‘(IV) transportation-related associations; 

‘‘(V) the private sector, including the freight 

community; and 

‘‘(VI) the public; 

‘‘(ii) establish on behalf of the Secretary a program— 

‘‘(I) to effectively integrate safety data across 

modes; and 

‘‘(II) to address gaps in existing safety data 

programs of the Department; 

‘‘(iii) work with the operating administrations of 

the Department— 

‘‘(I) to establish and implement the data programs of the Bureau; and 

‘‘(II) to improve the coordination of information 

collection efforts with other Federal agencies; 

‘‘(iv) continually improve surveys and data collection methods of the Department to improve the 

accuracy and utility of transportation statistics; 

‘‘(v) encourage the standardization of data, data 

collection methods, and data management and storage 

technologies for data collected by— 

‘‘(I) the Bureau; 

‘‘(II) the operating administrations of the 

Department; 

‘‘(III) State and local governments; 

‘‘(IV) metropolitan planning organizations; and 

‘‘(V) private sector entities; 

‘‘(vi) collect, compile, analyze, and publish a comprehensive set of transportation statistics on the 

performance and impacts of the national transportation 

system, including statistics on— 

‘‘(I) transportation safety across all modes and 

intermodally; 

‘‘(II) the state of good repair of United States 

transportation infrastructure; 

‘‘(III) the extent, connectivity, and condition 

of the transportation system, building on the 

national transportation atlas database developed 

under section 6310; 

‘‘(IV) economic efficiency across the entire 

transportation sector; 


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‘‘(V) the effects of the transportation system 

on global and domestic economic competitiveness; 

‘‘(VI) demographic, economic, and other variables influencing travel behavior, including choice 

of transportation mode and goods movement; 

‘‘(VII) transportation-related variables that 

influence the domestic economy and global 

competitiveness; 

‘‘(VIII) economic costs and impacts for passenger travel and freight movement; 

‘‘(IX) intermodal and multimodal passenger 

movement; 

‘‘(X) intermodal and multimodal freight movement; and 

‘‘(XI) consequences of transportation for the 

human and natural environment; 

‘‘(vii) build and disseminate the transportation 

layer of the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) 

(or a successor Executive Order), including by coordinating the development of transportation geospatial 

data standards, compiling intermodal geospatial data, 

and collecting geospatial data that is not being collected 

by other entities; 

‘‘(viii) issue guidelines for the collection of information by the Department that the Director determines 

necessary to develop transportation statistics and carry 

out modeling, economic assessment, and program 

assessment activities to ensure that such information 

is accurate, reliable, relevant, uniform, and in a form 

that permits systematic analysis by the Department; 

‘‘(ix) review and report to the Secretary on the 

sources and reliability of— 

‘‘(I) the statistics proposed by the heads of 

the operating administrations of the Department 

to measure outputs and outcomes as required by 

the Government Performance and Results Act of 

1993 (Public Law 103–62;107 Stat. 285); and 

‘‘(II) at the request of the Secretary, any other 

data collected or statistical information published 

by the heads of the operating administrations of 

the Department; and 

‘‘(x) ensure that the statistics published under this 

section are readily accessible to the public, consistent 

with applicable security constraints and confidentiality 

interests. 

‘‘(c) ACCESS TO FEDERAL DATA.—In carrying out subsection 

(b)(3)(B)(ii), the Director shall be given access to all safety data 

that the Director determines necessary to carry out that subsection 

that is held by the Department or any other Federal agency upon 

written request and subject to any statutory or regulatory restrictions. 

Review. 

Reports. 

Guidelines. 

Dissemination. 


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126 STAT. 890 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘§ 6303. Intermodal transportation database 

‘‘(a) IN GENERAL.—In consultation with the Under Secretary 

Transportation for Policy, the Assistant Secretaries of the Department, and the heads of the operating administrations of the Department, the Director shall establish and maintain a transportation 

database for all modes of transportation. 

‘‘(b) USE.—The database established under this section shall 

be suitable for analyses carried out by the Federal Government, 

the States, and metropolitan planning organizations. 

‘‘(c) CONTENTS.—The database established under this section 

shall include— 

‘‘(1) information on the volumes and patterns of movement 

of goods, including local, interregional, and international movement, by all modes of transportation, intermodal combinations, 

and relevant classification; 

‘‘(2) information on the volumes and patterns of movement 

of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and 

pedestrian modes), intermodal combinations, and relevant 

classification; 

‘‘(3) information on the location and connectivity of 

transportation facilities and services; and 

‘‘(4) a national accounting of expenditures and capital 

stocks on each mode of transportation and intermodal combination. 

‘‘§ 6304. National Transportation Library 

‘‘(a) PURPOSE AND ESTABLISHMENT.—To support the information 

management and decisionmaking needs of transportation officials 

at the Federal, State, and local levels, there is established in the 

Bureau a National Transportation Library which shall— 

‘‘(1) be headed by an individual who is highly qualified 

in library and information science; 

‘‘(2) acquire, preserve, and manage transportation information and information products and services for use by the 

Department, other Federal agencies, and the general public; 

‘‘(3) provide reference and research assistance; 

‘‘(4) serve as a central depository for research results and 

technical publications of the Department; 

‘‘(5) provide a central clearinghouse for transportation data 

and information of the Federal Government; 

‘‘(6) serve as coordinator and policy lead for transportation 

information access; 

‘‘(7) provide transportation information and information 

products and services to— 

‘‘(A) the Department; 

‘‘(B) other Federal agencies; 

‘‘(C) public and private organizations; and 

‘‘(D) individuals, within the United States and internationally; 

‘‘(8) 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, with the goal 

of developing a comprehensive transportation information and 

knowledge network that supports the activities described in 

section 6302(b)(3)(B)(vi); and 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 891 

‘‘(9) engage in such other activities as the Director determines to be necessary and as the resources of the Library 

permit. 

‘‘(b) ACCESS.—The Director shall publicize, facilitate, and promote access to the information products and services described 

in subsection (a), to improve the ability of the transportation 

community to share information and the ability of the Director 

to make statistics and other information readily accessible as 

required under section 6302(b)(3)(B)(x). 

‘‘(c) AGREEMENTS.— ‘‘(1) IN GENERAL.—To carry out this section, the Director 

may enter into agreements with, award grants to, and receive 

amounts from, any— 

‘‘(A) State or local government; 

‘‘(B) organization; 

‘‘(C) business; or 

‘‘(D) individual. 

‘‘(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 the Department’s strategic goals, knowledge 

networking, and national and international cooperation, by 

entering into contracts or other agreements or awarding grants 

for the conduct of such activities. 

‘‘(3) AMOUNTS.—Any amounts received by the Library as 

payment for library products and services or other activities 

shall be made available to the Director to carry out this section, 

deposited in the Research and Innovative Technology Administration’s general fund account, and remain available until 

expended. 

‘‘§ 6305. Advisory council on transportation statistics 

‘‘(a) IN GENERAL.—The Director shall establish and consult 

with an advisory council on transportation statistics. 

‘‘(b) FUNCTION.—The advisory council established under this 

section 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; 

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 and not more than 11 members 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 

Establishment. 

Consultation. 


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‘‘(C) represent a cross section of transportation stakeholders, to the greatest extent possible. 

‘‘(d) TERMS OF APPOINTMENT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

members of the advisory council shall be appointed to staggered 

terms not to exceed 3 years. 

‘‘(2) ADDITIONAL TERMS.—A member may be renominated 

for 1 additional 3-year term. 

‘‘(3) CURRENT MEMBERS.—A member serving on an advisory 

council on transportation statistics on the day before the date 

of enactment of the Transportation Research and Innovative 

Technology Act of 2012 shall serve until the end of the 

appointed term of the member. 

‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act (5 U.S.C. App.) shall apply 

to the advisory council established under this section, except that 

section 14 of that Act shall not apply. 

‘‘§ 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) use the services, equipment, records, personnel, 

information, and facilities of other Federal agencies, or State, 

local, and private agencies and instrumentalities, subject to 

the conditions that the applicable agency or instrumentality 

consents to that use and with or without reimbursement for 

such use; 

‘‘(2) enter into agreements with the agencies and 

instrumentalities described in paragraph (1) for purposes of 

data collection and analysis; 

‘‘(3) confer and cooperate with foreign governments, international organizations, and State, municipal, and other local 

agencies; 

‘‘(4) request such information, data, and reports from any 

Federal agency as the Director determines necessary to carry 

out this chapter; 

‘‘(5) encourage replication, coordination, and sharing of 

information among transportation agencies regarding information systems, information policy, and data; and 

‘‘(6) confer and cooperate with Federal statistical agencies 

as the Director determines necessary to carry out this chapter, 

including by entering into cooperative data sharing agreements 

in conformity with all laws and regulations applicable to the 

disclosure and use of data. 

‘‘§ 6307. Furnishing of information, data, or reports by Federal agencies 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), a Federal agency requested to furnish information, data, or reports by 

the Director under section 6302(b)(3)(B) shall provide the information to the Director. 

‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— 

‘‘(1) IN GENERAL.—An officer, employee, or contractor of 

the Bureau may not— 


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‘‘(A) make any disclosure in which the data provided 

by an individual or organization under section 6302(b)(3)(B) 

can be identified; 

‘‘(B) use the information provided under section 

6302(b)(3)(B) for a nonstatistical purpose; or 

‘‘(C) permit anyone other than an individual authorized 

by the Director to examine any individual report provided 

under section 6302(b)(3)(B). 

‘‘(2) COPIES OF REPORTS.— 

‘‘(A) IN GENERAL.—No department, bureau, agency, 

officer, or employee of the United States (except the 

Director in carrying out this chapter) may require, for 

any reason, a copy of any report that has been filed under 

section 6302(b)(3)(B) with the Bureau or retained by an 

individual respondent. 

‘‘(B) LIMITATION ON JUDICIAL PROCEEDINGS.—A copy 

of a report described in subparagraph (A) that has been 

retained by an individual respondent or filed with the 

Bureau or any of the employees, contractors, or agents 

of the Bureau— 

‘‘(i) shall be immune from legal process; and 

‘‘(ii) shall 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. 

‘‘(C) APPLICABILITY.—This paragraph shall apply only 

to reports that permit information concerning an individual 

or organization to be reasonably determined by direct or 

indirect means. 

‘‘(3) 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 the data or information, by rule and 

on the collection instrument, in a manner that informs the 

respondent who is requested or required to supply the data 

or information of the nonstatistical purpose. 

‘‘(c) TRANSPORTATION AND TRANSPORTATION-RELATED DATA

ACCESS.—The Director shall be provided access to any 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. 

‘‘§ 6308. 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 those expenses. 


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126 STAT. 894 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘§ 6309. 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 

transportation networks; and 

‘‘(3) social, economic, and environmental conditions that 

affect or are affected by the transportation networks. 

‘‘(b) INTERMODAL NETWORK ANALYSIS.—The databases referred 

to in subsection (a) shall be capable of supporting intermodal network analysis. 

‘‘§ 6310. Limitations on statutory construction 

‘‘Nothing in this chapter— 

‘‘(1) authorizes the Bureau to require any other Federal 

agency to collect data; or 

‘‘(2) alters or diminishes the authority of any other officer 

of the Department to collect and disseminate data independently. 

‘‘§ 6311. Research and development grants 

‘‘The Secretary may make 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 described in section 

6302(b)(3)(B)(vi); 

‘‘(2) research and development of new methods of data 

collection, standardization, management, integration, dissemination, interpretation, and analysis; 

‘‘(3) 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; 

‘‘(4) development of electronic clearinghouses of transportation data and related information, as part of the Library; 

and 

‘‘(5) development and improvement of methods for sharing 

geographic data, in support of the database under section 6310 

and the National Spatial Data Infrastructure developed under 

Executive Order 12906 (59 Fed. Reg. 17671) (or a successor 

Executive Order). 

‘‘§ 6312. Transportation statistics annual report 

‘‘The Director shall submit to the President and Congress a 

transportation statistics annual report, which shall include— 

‘‘(1) information on the progress of the Director in carrying 

out the duties described in section 6302(b)(3)(B); 

‘‘(2) documentation of the methods used to obtain and 

ensure the quality of the statistics presented in the report; 

and 

‘‘(3) any recommendations of the Director for improving 

transportation statistical information. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 895 

‘‘§ 6313. Mandatory response authority for freight data collection 

‘‘(a) FREIGHT DATA COLLECTION.— 

‘‘(1) IN GENERAL.—An owner, official, agent, person in 

charge, or assistant to the person in charge of a freight corporation, company, business, institution, establishment, or organization described in paragraph (2) shall be fined in accordance 

with subsection (b) if that individual neglects or refuses, when 

requested by the Director or other authorized officer, employee, 

or contractor of the Bureau to submit data under section 

6302(b)(3)(B)— 

‘‘(A) to answer completely and correctly to the best 

knowledge of that individual all questions relating to the 

corporation, company, business, institution, establishment, 

or other organization; or 

‘‘(B) to make available records or statistics in the official custody of the individual. 

‘‘(2) DESCRIPTION OF ENTITIES.—A freight corporation, company, business, institution, establishment, or organization 

referred to in paragraph (1) is a corporation, company, business, 

institution, establishment, or organization that— 

‘‘(A) receives Federal funds relating to the freight program; and 

‘‘(B) has consented to be subject to a fine under this 

subsection on— 

‘‘(i) refusal to supply any data requested; or 

‘‘(ii) failure to respond to a written request. 

‘‘(b) FINES.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), an individual 

described in subsection (a) shall be fined not more than $500. 

‘‘(2) WILLFUL ACTIONS.—If an individual willfully gives a 

false answer to a question described in subsection (a)(1), the 

individual shall be fined not more than $10,000.’’. 

(b) RULES OF CONSTRUCTION.—If the provisions of section 111 

of title 49, United States Code, are transferred to chapter 63 of 

that title, the following rules of construction apply: 

(1) For purposes of determining whether 1 provision of 

law supersedes another based on enactment later in time, a 

chapter 63 provision is deemed to have been enacted on the 

date of enactment of the corresponding section 111 provision. 

(2) A reference to a section 111 provision, including a 

reference in a regulation, order, or other law, is deemed to 

refer to the corresponding chapter 63 provision. 

(3) A regulation, order, or other administrative action in 

effect under a section 111 provision continues in effect under 

the corresponding chapter 63 provision. 

(4) An action taken or an offense committed under a section 

111 provision is deemed to have been taken or committed 

under the corresponding chapter 63 provision. 

(c) CONFORMING AMENDMENTS.— 

(1) REPEAL.—Section 111 of title 49, United States Code, 

is repealed, and the item relating to section 111 in the analysis 

for chapter 1 of that title is deleted. 

(2) ANALYSIS FOR SUBTITLE III.—The analysis for subtitle 

III of title 49, United States Code, is amended by inserting 

after the items for chapter 61 the following: 

Applicability. 

49 USC 6301 

note. 


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126 STAT. 896 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘CHAPTER 63—BUREAU OF TRANSPORTATION STATISTICS.’’. 

SEC. 52012. ADMINISTRATIVE AUTHORITY. 

Section 112 of title 49, United States Code, is amended by 

adding at the end the following: 

‘‘(f) PROGRAM EVALUATION AND OVERSIGHT.—For each of fiscal 

years 2013 and 2014, the Administrator is authorized to expend 

not more than 11⁄2 percent of the amounts authorized to be appropriated 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, institutions of higher 

education, corporations, institutions, partnerships, sole 

proprietorships, and trade associations that are incorporated or established under the laws of any State; 

‘‘(B) Federal laboratories; and 

‘‘(C) other Federal agencies. 

‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND AGREEMENTS.—Notwithstanding any other provision of law, the 

Administrator may directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act 

of 1980 (15 U.S.C. 3710a)), and other agreements to fund, 

and accept funds from, the Transportation Research Board 

of the National Research Council of the National Academy 

of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the 

agents of those entities to carry out joint transportation 

research and technology efforts. 

‘‘(3) FEDERAL SHARE.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Federal share of the cost of an activity carried out under 

paragraph (2) shall not exceed 50 percent. 

‘‘(B) EXCEPTION.—If the Secretary determines that the 

activity is of substantial public interest or benefit, the 

Secretary may approve a greater Federal share. 

‘‘(C) NON-FEDERAL SHARE.—All costs directly incurred 

by the non-Federal partners, including personnel, travel, 

facility, and hardware development costs, shall be credited 

toward the non-Federal share of the cost of an activity 

described in subparagraph (A). 

‘‘(4) USE OF TECHNOLOGY.—The research, development, or 

use of a technology under a contract, grant, cooperative research 

and development agreement, or other agreement entered into 

under this subsection, including the terms under which the 

technology may be licensed and the resulting royalties may 

be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). 


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‘‘(5) WAIVER OF ADVERTISING REQUIREMENTS.—Section 6101 

of title 41 shall not apply to a contract, grant, or other agreement entered into under this section.’’. 

SEC. 52013. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING. 

Section 508(a) of title 23, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘SAFETEA–LU’’ and 

inserting ‘‘Transportation Research and Innovative Technology 

Act of 2012’’; and 

(2) in paragraph (2), by striking subparagraph (A) and 

inserting the following: 

‘‘(A) describe the primary purposes of the transportation research and development program, which shall 

include, at a minimum— 

‘‘(i) promoting safety; 

‘‘(ii) reducing congestion and improving mobility; 

‘‘(iii) preserving the environment; 

‘‘(iv) preserving the existing transportation system; 

‘‘(v) improving the durability and extending the 

life of transportation infrastructure; and 

‘‘(vi) improving goods movement.’’. 

TITLE III—INTELLIGENT 

TRANSPORTATION SYSTEMS RESEARCH 

SEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES. 

Section 513 of title 23, United States Code, is amended to 

read as follows: 

‘‘§ 513. Use of funds for ITS activities 

‘‘(a) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

State or local government, tribal government, transit agency, 

public toll authority, metropolitan planning organization, other 

political subdivision of a State or local government, or a 

multistate or multijurisdictional group applying through a 

single lead applicant. 

‘‘(2) MULTIJURISDICTIONAL GROUP.—The term ‘multijurisdictional group’ means a combination of State governments, 

local governments, metropolitan planning agencies, transit 

agencies, or other political subdivisions of a State that— 

‘‘(A) have signed a written agreement to implement 

an activity that meets the grant criteria under this section; 

and 

‘‘(B) is comprised of at least 2 members, each of whom 

is an eligible entity. 

‘‘(b) PURPOSE.—The purpose of this section is to develop, administer, communicate, and promote the use of products of research, 

technology, and technology transfer programs. 

‘‘(c) ITS ADOPTION.— 

‘‘(1) INNOVATIVE TECHNOLOGIES AND STRATEGIES.—The Secretary shall encourage the deployment of ITS technologies that 

will improve the performance of the National Highway System 

in such areas as traffic operations, emergency response, incident 


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126 STAT. 898 PUBLIC LAW 112–141—JULY 6, 2012 

management, surface transportation network management, 

freight management, traffic flow information, and congestion 

management by accelerating the adoption of innovative technologies through the use of— 

‘‘(A) demonstration programs; 

‘‘(B) grant funding; 

‘‘(C) incentives to eligible entities; and 

‘‘(D) other tools, strategies, or methods that will result 

in the deployment of innovative ITS technologies. 

‘‘(2) COMPREHENSIVE PLAN.—To carry out this section, the 

Secretary shall develop a detailed and comprehensive plan that 

addresses the manner in which incentives may be adopted, 

as appropriate, through the existing deployment activities carried out by surface transportation modal administrations.’’. 

SEC. 53002. GOALS AND PURPOSES. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 

is amended by adding after section 513 the following: 

‘‘§ 514. Goals and purposes 

‘‘(a) GOALS.—The goals of the intelligent transportation system 

program include— 

‘‘(1) enhancement of surface transportation efficiency and 

facilitation of intermodalism and international trade to enable 

existing facilities to meet a significant portion of future 

transportation needs, including public access to employment, 

goods, and services and to reduce regulatory, financial, and 

other transaction costs to public agencies and system users; 

‘‘(2) achievement of national transportation safety goals, 

including enhancement of safe operation of motor vehicles and 

nonmotorized vehicles and improved emergency response to 

collisions, with particular emphasis on decreasing the number 

and severity of collisions; 

‘‘(3) protection and enhancement of the natural environment and communities affected by surface transportation, with 

particular emphasis on assisting State and local governments 

to achieve national environmental goals; 

‘‘(4) accommodation of the needs of all users of surface 

transportation systems, including operators of commercial 

motor vehicles, passenger motor vehicles, motorcycles, bicycles, 

and pedestrians (including individuals with disabilities); and 

‘‘(5) enhancement of national defense mobility and improvement of the ability of the United States to respond to securityrelated or other manmade emergencies and natural disasters. 

‘‘(b) PURPOSES.—The Secretary shall implement activities under 

the intelligent transportation system program, at a minimum— 

‘‘(1) to expedite, in both metropolitan and rural areas, 

deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; 

‘‘(2) to ensure that Federal, State, and local transportation 

officials have adequate knowledge of intelligent transportation 

systems for consideration in the transportation planning 

process; 

‘‘(3) to improve regional cooperation and operations planning for effective intelligent transportation system deployment; 

‘‘(4) to promote the innovative use of private resources 

in support of intelligent transportation system development; 


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‘‘(5) to facilitate, in cooperation with the motor vehicle 

industry, the introduction of vehicle-based safety enhancing 

systems; 

‘‘(6) to support the application of intelligent transportation 

systems that increase the safety and efficiency of commercial 

motor vehicle operations; 

‘‘(7) to develop a workforce capable of developing, operating, 

and maintaining intelligent transportation systems; 

‘‘(8) to provide continuing support for operations and 

maintenance of intelligent transportation systems; and 

‘‘(9) to ensure a systems approach that includes cooperation 

among vehicles, infrastructure, and users.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by adding after the item 

relating to section 513 the following: 

‘‘514. Goals and purposes.’’. 

SEC. 53003. GENERAL AUTHORITIES AND REQUIREMENTS. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 

is amended by adding after section 514 (as added by section 53002) 

the following: 

‘‘§ 515. General authorities and requirements 

‘‘(a) SCOPE.—Subject to the provisions of this chapter, the Secretary shall conduct an ongoing intelligent transportation system 

program— 

‘‘(1) to research, develop, and operationally test intelligent 

transportation systems; and 

‘‘(2) to provide technical assistance in the nationwide 

application of those systems as a component of the surface 

transportation systems of the United States. 

‘‘(b) POLICY.—Intelligent transportation system research 

projects and operational tests funded pursuant to this chapter shall 

encourage and not displace public-private partnerships or private 

sector investment in those tests and projects. 

‘‘(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDUCATIONAL ENTITIES.—The Secretary shall carry out the intelligent 

transportation system program in cooperation with State and local 

governments and other public entities, the private sector firms 

of the United States, the Federal laboratories, and institutions 

of higher education, including historically Black colleges and universities and other minority institutions of higher education. 

‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out 

the intelligent transportation system program, the Secretary shall 

consult with the heads of other Federal agencies, as appropriate. 

‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.— 

The Secretary may provide technical assistance, training, and 

information to State and local governments seeking to implement, 

operate, maintain, or evaluate intelligent transportation system 

technologies and services. 

‘‘(f) TRANSPORTATION PLANNING.—The Secretary may provide 

funding to support adequate consideration of transportation systems 

management and operations, including intelligent transportation 

systems, within metropolitan and statewide transportation planning 

processes. 

‘‘(g) INFORMATION CLEARINGHOUSE.— ‘‘(1) IN GENERAL.—The Secretary shall— 


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‘‘(A) maintain a repository for technical and safety 

data collected as a result of federally sponsored projects 

carried out under this chapter; and 

‘‘(B) make, on request, that information (except for 

proprietary information and data) readily available to all 

users of the repository at an appropriate cost. 

‘‘(2) AGREEMENT.— 

‘‘(A) IN GENERAL.—The Secretary may enter into an 

agreement with a third party for the maintenance of the 

repository for technical and safety data under paragraph 

(1)(A). 

‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If the Secretary 

enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for 

Federal financial assistance under this section. 

‘‘(3) AVAILABILITY OF INFORMATION.—Information in the 

repository shall not be subject to sections 552 and 555 of 

title 5, United States Code. 

‘‘(h) ADVISORY COMMITTEE.— 

‘‘(1) IN GENERAL.—The Secretary shall establish an 

Advisory Committee to advise the Secretary on carrying out 

this chapter. 

‘‘(2) MEMBERSHIP.—The Advisory Committee shall have no 

more than 20 members, be balanced between metropolitan and 

rural interests, and include, at a minimum— 

‘‘(A) a representative from a State highway department; 

‘‘(B) a representative from a local highway department 

who is not from a metropolitan planning organization; 

‘‘(C) a representative from a State, local, or regional 

transit agency; 

‘‘(D) a representative from a metropolitan planning 

organization; 

‘‘(E) a private sector user of intelligent transportation 

system technologies; 

‘‘(F) an academic researcher with expertise in computer 

science or another information science field related to intelligent transportation systems, and who is not an expert 

on transportation issues; 

‘‘(G) an academic researcher who is a civil engineer; 

‘‘(H) an academic researcher who is a social scientist 

with expertise in transportation issues; 

‘‘(I) a representative from a nonprofit group representing the intelligent transportation system industry; 

‘‘(J) a representative from a public interest group concerned with safety; 

‘‘(K) a representative from a public interest group concerned with the impact of the transportation system on 

land use and residential patterns; and 

‘‘(L) members with expertise in planning, safety, telecommunications, utilities, and operations. 

‘‘(3) DUTIES.—The Advisory Committee shall, at a minimum, perform the following duties: 

‘‘(A) Provide input into the development of the intelligent transportation system aspects of the strategic plan 

under section 508. 

Establishment. 


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‘‘(B) Review, at least annually, areas of intelligent 

transportation systems research being considered for 

funding by the Department, to determine— 

‘‘(i) whether these activities are likely to advance 

either the state-of-the-practice or state-of-the-art in 

intelligent transportation systems; 

‘‘(ii) whether the intelligent transportation system 

technologies are likely to be deployed by users, and 

if not, to determine the barriers to deployment; and 

‘‘(iii) the appropriate roles for government and the 

private sector in investing in the research and technologies being considered. 

‘‘(4) REPORT.—Not later than February 1 of each year after 

the date of enactment of the Transportation Research and 

Innovative Technology Act of 2012, the Secretary shall submit 

to Congress a report that includes— 

‘‘(A) all recommendations made by the Advisory Committee during the preceding calendar year; 

‘‘(B) an explanation of the manner in which the Secretary has implemented those recommendations; and 

‘‘(C) for recommendations not implemented, the reasons 

for rejecting the recommendations. 

‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Advisory Committee shall be subject to the Federal 

Advisory Committee Act (5 U.S.C. App.). 

‘‘(i) REPORTING.— 

‘‘(1) GUIDELINES AND REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall issue guidelines 

and requirements for the reporting and evaluation of operational tests and deployment projects carried out under 

this chapter. 

‘‘(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines 

and requirements issued under subparagraph (A) shall 

include provisions to ensure the objectivity and independence of the reporting entity so as to avoid any real or 

apparent conflict of interest or potential influence on the 

outcome by parties to any such test or deployment project 

or by any other formal evaluation carried out under this 

chapter. 

‘‘(C) FUNDING.—The guidelines and requirements 

issued under subparagraph (A) shall establish reporting 

funding levels based on the size and scope of each test 

or project that ensure adequate reporting of the results 

of the test or project. 

‘‘(2) SPECIAL RULE.—Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the 

reporting of any test, deployment project, or program assessment activity under this chapter shall not be subject to chapter 

35 of title 44, United States Code.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by adding after the item 

relating to section 514 (as added by section 53002) the following: 

‘‘515. General authorities and requirements.’’. 


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126 STAT. 902 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 53004. RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 

is amended by adding after section 515 (as added by section 53003) 

the following: 

‘‘§ 516. Research and development 

‘‘(a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research and 

development, and operational tests of intelligent vehicles, intelligent 

infrastructure systems, and other similar activities that are necessary to carry out this chapter. 

‘‘(b) PRIORITY AREAS.—Under the program, the Secretary shall 

give higher priority to funding projects that— 

‘‘(1) enhance mobility and productivity through improved 

traffic management, incident management, transit management, freight management, road weather management, toll 

collection, traveler information, or highway operations systems 

and remote sensing products; 

‘‘(2) use interdisciplinary approaches to develop traffic 

management strategies and tools to address multiple impacts 

of congestion concurrently; 

‘‘(3) address traffic management, incident management, 

transit management, toll collection traveler information, or 

highway operations systems; 

‘‘(4) incorporate research on the potential impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates; 

‘‘(5) enhance intermodal use of intelligent transportation 

systems for diverse groups, including for emergency and healthrelated services; 

‘‘(6) enhance safety through improved crash avoidance and 

protection, crash and other notification, commercial motor 

vehicle operations, and infrastructure-based or cooperative 

safety systems; or 

‘‘(7) facilitate the integration of intelligent infrastructure, 

vehicle, and control technologies. 

‘‘(c) FEDERAL SHARE.—The Federal share payable on account 

of any project or activity carried out under subsection (a) shall 

not exceed 80 percent.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by adding after the item 

relating to section 515 (as added by section 53003) the following: 

‘‘516. Research and development.’’. 

SEC. 53005. NATIONAL ARCHITECTURE AND STANDARDS. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 

is amended by adding after section 516 (as added by section 53004) 

the following: 

‘‘§ 517. National architecture and standards 

‘‘(a) IN GENERAL.— 

‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.— 

In accordance with section 12(d) of the National Technology 

Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 

110 Stat. 783; 115 Stat. 1241), the Secretary shall develop 

and maintain a national ITS architecture and supporting ITS 

standards and protocols to promote the use of systems 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 903 

engineering methods in the widespread deployment and evaluation of intelligent transportation systems as a component of 

the surface transportation systems of the United States. 

‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To the maximum 

extent practicable, the national ITS architecture and supporting 

ITS standards and protocols shall promote interoperability 

among, and efficiency of, intelligent transportation systems and 

technologies implemented throughout the United States. 

‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.— 

In carrying out this section, the Secretary shall support the 

development and maintenance of standards and protocols using 

the services of such standards development organizations as 

the Secretary determines to be necessary and whose memberships are comprised of, and represent, the surface transportation and intelligent transportation systems industries. 

‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMENTATION.—If 

the Secretary finds that a standard is necessary for implementation 

of a nationwide policy relating to user fee collection or other capability requiring nationwide uniformity, the Secretary, after consultation with stakeholders, may establish and require the use of that 

standard. 

‘‘(c) PROVISIONAL STANDARDS.— 

‘‘(1) IN GENERAL.—If the Secretary finds that the development or balloting of an intelligent transportation system 

standard jeopardizes the timely achievement of the objectives 

described in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, 

to the maximum extent practicable, the work product of appropriate standards development organizations. 

‘‘(2) PERIOD OF EFFECTIVENESS.—A provisional standard 

established under paragraph (1) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a 

standard. 

‘‘(d) CONFORMITY WITH NATIONAL ARCHITECTURE.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the Secretary shall ensure that intelligent transportation 

system projects carried out using amounts made available from 

the Highway Trust Fund, including amounts made available 

to deploy intelligent transportation systems, conform to the 

appropriate regional ITS architecture, applicable standards, 

and protocols developed under subsection (a) or (c). 

‘‘(2) DISCRETION OF THE SECRETARY.—The Secretary, at the 

discretion of the Secretary, may offer an exemption from paragraph (1) for projects designed to achieve specific research 

objectives outlined in the national intelligent transportation 

system program plan or the surface transportation research 

and development strategic plan developed under section 508.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by adding after the item 

relating to section 516 (as added by section 53004) the following: 

‘‘517. National architecture and standards.’’. 


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126 STAT. 904 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE 

COMMUNICATIONS SYSTEMS DEPLOYMENT. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 

is amended by adding after section 517 (as added by section 53005) 

the following: 

‘‘§ 518. 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 to the Committees on Commerce, Science, and Transportation and Environment 

and Public Works of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Science, 

Space, and Technology of the House of Representatives that— 

‘‘(1) assesses the status of dedicated short-range communications technology and applications developed through 

research and development; 

‘‘(2) analyzes the known and potential gaps in short-range 

communications technology and applications; 

‘‘(3) defines a recommended implementation path for dedicated short-range communications technology and applications 

that— 

‘‘(A) is based on the assessment described in paragraph 

(1); and 

‘‘(B) takes into account the analysis described in paragraph (2); 

‘‘(4) includes guidance on the relationship of the proposed 

deployment of dedicated short-range communications to the 

National ITS Architecture and ITS Standards; and 

‘‘(5) ensures competition by not preferencing the use of 

any particular frequency for vehicle to infrastructure operations. 

‘‘(b) REPORT REVIEW.—The Secretary shall enter into agreements with the National Research Council and an independent 

third party with subject matter expertise for the review of the 

report described in subsection (a).’’. 

Contracts. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 905 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 

title 23, United States Code, is amended by adding after section 

517 (as added by section 53005) the following: 

‘‘518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.’’. 

DIVISION F—MISCELLANEOUS 

TITLE I—REAUTHORIZATION OF 

CERTAIN PROGRAMS 

Subtitle A—Secure Rural Schools and 

Community Self-determination Program 

SEC. 100101. SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION PROGRAM. 

(a) AMENDMENTS.—The Secure Rural Schools and Community 

Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.) is 

amended— 

(1) in section 3(11)— 

(A) in subparagraph (A), by striking ‘‘and’’ after the 

semicolon at the end; 

(B) in subparagraph (B)— 

(i) by striking ‘‘fiscal year 2009 and each fiscal 

year thereafter’’ and inserting ‘‘each of fiscal years 

2009 through 2011’’; and 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) for fiscal year 2012 and each fiscal year thereafter, 

the amount that is equal to 95 percent of the full funding 

amount for the preceding fiscal year.’’; 

(2) in sections 101, 102, 203, 207, 208, 304, and 402, by 

striking ‘‘2011’’ each place it appears and inserting ‘‘2012’’; 

(3) in section 102— 

(A) by striking ‘‘2008’’ each place it appears and 

inserting ‘‘2012’’; 

(B) in subsection (b)(2)(B), by inserting ‘‘in 2012’’ before 

‘‘, the election’’; and 

(C) in subsection (d)— 

(i) in paragraph (1)(A), by striking ‘‘paragraph 

(3)(B)’’ and inserting ‘‘subparagraph (D)’’; and 

(ii) in paragraph (3)— 

(I) by striking subparagraph (A) and inserting 

the following: 

‘‘(A) NOTIFICATION.—The Governor of each eligible 

State shall notify the Secretary concerned of an election 

by an eligible county under this subsection not later than 

September 30, 2012, and each September 30 thereafter 

for each succeeding fiscal year.’’; 

(II) by redesignating subparagraph (B) as 

subparagraph (D) and moving the subparagraph 

so as to appear at the end of paragraph (1) of 

subsection (d); and 

Deadlines. 

16 USC 7112. 

16 USC 7111 

et seq. 

16 USC 7102. 


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126 STAT. 906 PUBLIC LAW 112–141—JULY 6, 2012 

(III) by inserting after subparagraph (A) the 

following: 

‘‘(B) FAILURE TO ELECT.—If the Governor of an eligible 

State fails to notify the Secretary concerned of the election 

for an eligible county by the date specified in subparagraph 

(A)— 

‘‘(i) the eligible county shall be considered to have 

elected to expend 80 percent of the funds in accordance 

with paragraph (1)(A); and 

‘‘(ii) the remainder shall be available to the Secretary concerned to carry out projects in the eligible 

county to further the purpose described in section 

202(b).’’; 

(4) in section 103(d)(2), by striking ‘‘fiscal year 2011’’ and 

inserting ‘‘each of fiscal years 2011 and 2012’’; 

(5) in section 202, by adding at the end the following: 

‘‘(c) ADMINISTRATIVE EXPENSES.—A resource advisory committee 

may, in accordance with section 203, propose to use not more 

than 10 percent of the project funds of an eligible county for any 

fiscal year for administrative expenses associated with operating 

the resource advisory committee under this title.’’; 

(6) in section 204(e)(3)(B)(iii), by striking ‘‘and 2011’’ and 

inserting ‘‘through 2012’’; 

(7) in section 205(a)(4), by striking ‘‘2006’’ each place it 

appears and inserting ‘‘2011’’; 

(8) in section 208(b), by striking ‘‘2012’’ and inserting 

‘‘2013’’; 

(9) in section 302(a)(2)(A), by inserting ‘‘and’’ after the 

semicolon; and 

(10) in section 304(b), by striking ‘‘2012’’ and inserting 

‘‘2013’’. 

(b) FAILURE TO MAKE ELECTION.—For each county that failed 

to make an election for fiscal year 2011 in accordance with section 

102(d)(3)(A) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(3)(A)), there shall be available to the Secretary of Agriculture to carry out projects to further 

the purpose described in section 202(b) of that Act (16 U.S.C. 

7122(b)), from amounts in the Treasury not otherwise appropriated, 

the amount that is equal to 15 percent of the total share of the 

State payment that otherwise would have been made to the county 

under that Act for fiscal year 2011. 

Subtitle B—Payment in Lieu of Taxes 

Program 

SEC. 100111. PAYMENTS IN LIEU OF TAXES. 

Section 6906 of title 31, United States Code, is amended by 

striking ‘‘2012’’ and inserting ‘‘2013’’. 

Subtitle C—Offsets 

SEC. 100121. PHASED RETIREMENT AUTHORITY. 

(a) CSRS.—Chapter 83 of title 5, United States Code, is 

amended— 

5 USC 8331. (1) in section 8331— 

16 USC 7144. 

16 USC 7142. 

16 USC 7128. 

16 USC 7125. 

16 USC 7124. 

16 USC 7122. 

16 USC 7113. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 907 

(A) in paragraph (30) by striking ‘‘and’’ at the end; 

(B) in paragraph (31) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(32) ‘Director’ means the Director of the Office of Personnel 

Management.’’; 

(2) by inserting after section 8336 the following: 

‘‘§ 8336a. Phased retirement 

‘‘(a) For the purposes of this section— 

‘‘(1) the term ‘composite retirement annuity’ means the 

annuity computed when a phased retiree attains full retirement 

status; 

‘‘(2) the term ‘full retirement status’ means that a phased 

retiree has ceased employment and is entitled, upon application, 

to a composite retirement annuity; 

‘‘(3) the term ‘phased employment’ means the less-thanfull-time employment of a phased retiree; 

‘‘(4) the term ‘phased retiree’ means a retirement-eligible 

employee who— 

‘‘(A) makes an election under subsection (b); and 

‘‘(B) has not entered full retirement status; 

‘‘(5) the term ‘phased retirement annuity’ means the 

annuity payable under this section before full retirement; 

‘‘(6) the term ‘phased retirement percentage’ means the 

percentage which, when added to the working percentage for 

a phased retiree, produces a sum of 100 percent; 

‘‘(7) the term ‘phased retirement period’ means the period 

beginning on the date on which an individual becomes entitled 

to receive a phased retirement annuity and ending on the 

date on which the individual dies or separates from phased 

employment; 

‘‘(8) the term ‘phased retirement status’ means that a 

phased retiree is concurrently employed in phased employment 

and eligible to receive a phased retirement annuity; 

‘‘(9) the term ‘retirement-eligible employee’— 

‘‘(A) means an individual who, if the individual separated from the service, would meet the requirements for 

retirement under subsection (a) or (b) of section 8336; but 

‘‘(B) does not include an employee described in section 

8335 after the date on which the employee is required 

to be separated from the service by reason of such section; 

and 

‘‘(10) the term ‘working percentage’ means the percentage 

of full-time employment equal to the quotient obtained by 

dividing— 

‘‘(A) the number of hours per pay period to be worked 

by a phased retiree, as scheduled in accordance with subsection (b)(2); by 

‘‘(B) the number of hours per pay period to be worked 

by an employee serving in a comparable position on a 

full-time basis. 

‘‘(b)(1) With the concurrence of the head of the employing 

agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis 

for not less than the 3-year period ending on the date on which 

Regulations. 

Time period. 

Definitions. 


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126 STAT. 908 PUBLIC LAW 112–141—JULY 6, 2012 

the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status. 

‘‘(2)(A) Subject to subparagraph (B), at the time of entering 

phased retirement status, a phased retiree shall be appointed to 

a position for which the working percentage is 50 percent. 

‘‘(B) The Director may, by regulation, provide for working 

percentages different from the percentage specified under subparagraph (A), which shall be not less than 20 percent and not more 

than 80 percent. 

‘‘(C) The working percentage for a phased retiree may not 

be changed during the phased retiree’s phased retirement period. 

‘‘(D)(i) Not less than 20 percent of the hours to be worked 

by a phased retiree shall consist of mentoring. 

‘‘(ii) The Director may, by regulation, provide for exceptions 

to the requirement under clause (i). 

‘‘(iii) Clause (i) shall not apply to a phased retiree serving 

in the United States Postal Service. Nothing in this clause shall 

prevent the application of clause (i) or (ii) with respect to a phased 

retiree serving in the Postal Regulatory Commission. 

‘‘(3) A phased retiree— 

‘‘(A) may not be employed in more than one position at 

any time; and 

‘‘(B) may transfer to another position in the same or a 

different agency, only if the transfer does not result in a change 

in the working percentage. 

‘‘(4) A retirement-eligible employee may make not more than 

one election under this subsection during the retirement-eligible 

employee’s lifetime. 

‘‘(5) A retirement-eligible employee who makes an election 

under this subsection may not make an election under section 

8343a. 

‘‘(c)(1) Except as otherwise provided under this subsection, the 

phased retirement annuity for a phased retiree is the product 

obtained by multiplying— 

‘‘(A) the amount of an annuity computed under section 

8339 that would have been payable to the phased retiree if, 

on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service 

and retired under section 8336(a) or (b); by 

‘‘(B) the phased retirement percentage for the phased 

retiree. 

‘‘(2) A phased retirement annuity shall be paid in addition 

to the basic pay for the position to which a phased retiree is 

appointed during phased employment. 

‘‘(3) A phased retirement annuity shall be adjusted in accordance with section 8340. 

‘‘(4)(A) A phased retirement annuity shall not be subject to 

reduction for any form of survivor annuity, shall not serve as 

the basis of the computation of any survivor annuity, and shall 

not be subject to any court order requiring a survivor annuity 

to be provided to any individual. 

‘‘(B) A phased retirement annuity shall be subject to a court 

order providing for division, allotment, assignment, execution, levy, 

attachment, garnishment, or other legal process on the same basis 

as other annuities. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 909 

‘‘(5) Any reduction of a phased retirement annuity based on 

an election under section 8334(d)(2) shall be applied to the phased 

retirement annuity after computation under paragraph (1). 

‘‘(6)(A) Any deposit, or election of an actuarial annuity reduction 

in lieu of a deposit, for military service or for creditable civilian 

service for which retirement deductions were not made or refunded 

shall be made by a retirement-eligible employee at or before the 

time the retirement-eligible employee enters phased retirement 

status. No such deposit may be made, or actuarial adjustment 

in lieu thereof elected, at the time a phased retiree enters full 

retirement status. 

‘‘(B) Notwithstanding subparagraph (A), if a phased retiree 

does not make such a deposit and dies in service as a phased 

retiree, a survivor of the phased retiree shall have the same right 

to make such deposit as would have been available had the 

employee not entered phased retirement status and died in service. 

‘‘(C) If a phased retiree makes an election for an actuarial 

annuity reduction under section 8334(d)(2) and dies in service as 

a phased retiree, the amount of any deposit upon which such 

actuarial reduction shall have been based shall be deemed to have 

been fully paid. 

‘‘(7) A phased retirement annuity shall commence on the date 

on which a phased retiree enters phased employment. 

‘‘(8) No unused sick leave credit may be used in the computation 

of the phased retirement annuity. 

‘‘(d) All basic pay not in excess of the full-time rate of pay 

for the position to which a phased retiree is appointed shall be 

deemed to be basic pay for purposes of section 8334. 

‘‘(e) Under such procedures as the Director may prescribe, 

a phased retiree may elect to enter full retirement status at any 

time. Upon making such an election, a phased retiree shall be 

entitled to a composite retirement annuity. 

‘‘(f)(1) Except as provided otherwise under this subsection, a 

composite retirement annuity is a single annuity computed under 

regulations prescribed by the Director, equal to the sum of— 

‘‘(A) the amount of the phased retirement annuity as of 

the date of full retirement, before any reduction based on 

an election under section 8334(d)(2), and including any adjustments made under section 8340; and 

‘‘(B) the product obtained by multiplying— 

‘‘(i) the amount of an annuity computed under section 

8339 that would have been payable at the time of full 

retirement if the individual had not elected a phased retirement and as if the individual was employed on a fulltime basis in the position occupied during the phased retirement period and before any reduction for survivor annuity 

or reduction based on an election under section 8334(d)(2); 

by 

‘‘(ii) the working percentage. 

‘‘(2) After computing a composite retirement annuity under 

paragraph (1), the Director shall adjust the amount of the annuity 

for any applicable reductions for a survivor annuity and any previously elected actuarial reduction under section 8334(d)(2). 

‘‘(3) A composite retirement annuity shall be adjusted in accordance with section 8340, except that subsection (c)(1) of that section 

shall not apply. 

Regulations. 

Effective date. 

Applicability. 


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126 STAT. 910 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(4) In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased 

retiree at the time of entry into full retirement status shall be 

adjusted by dividing the number of hours of unused sick leave 

by the working percentage. 

‘‘(g)(1) Under such procedures and conditions as the Director 

may provide, and with the concurrence of the head of the employing 

agency, a phased retiree may elect to terminate phased retirement 

status and return to a full-time work schedule. 

‘‘(2) Upon entering a full-time work schedule based upon an 

election under paragraph (1), the phased retirement annuity of 

a phased retiree shall terminate. 

‘‘(3) After the termination of a phased retirement annuity under 

this subsection, the individual’s rights under this subchapter shall 

be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this subchapter 

or chapter 84, at time of the subsequent separation from service, 

the phased retirement period shall be treated as if it had been 

a period of part-time employment with the work schedule described 

in subsection (b)(2). 

‘‘(h) For purposes of section 8341— 

‘‘(1) the death of a phased retiree shall be deemed to 

be the death in service of an employee; and 

‘‘(2) the phased retirement period shall be deemed to have 

been a period of part-time employment with the work schedule 

described in subsection (b)(2). 

‘‘(i) Employment of a phased retiree shall not be deemed to 

be part-time career employment, as defined in section 3401(2). 

‘‘(j) A phased retiree is not eligible to apply for an annuity 

under section 8337. 

‘‘(k) For purposes of section 8341(h)(4), retirement shall be 

deemed to occur on the date on which a phased retiree enters 

into full retirement status. 

‘‘(l) For purposes of sections 8343 and 8351, and subchapter 

III of chapter 84, a phased retiree shall be deemed to be an 

employee. 

‘‘(m) A phased retiree is not subject to section 8344. 

‘‘(n) For purposes of chapter 87, a phased retiree shall be 

deemed to be receiving basic pay at the rate of a full-time employee 

in the position to which the phased retiree is appointed.’’; and 

(3) in the table of sections by inserting after the item 

relating to section 8336 the following: 

‘‘8336a. Phased retirement.’’. 

(b) FERS.—Chapter 84 of title 5, United States Code, is 

amended— 

(1) by inserting after section 8412 the following new section: 

‘‘§ 8412a. Phased retirement 

‘‘(a) For the purposes of this section— 

‘‘(1) the term ‘composite retirement annuity’ means the 

annuity computed when a phased retiree attains full retirement 

status; 

‘‘(2) the term ‘full retirement status’ means that a phased 

retiree has ceased employment and is entitled, upon application, 

to a composite retirement annuity; 

Definitions. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 911 

‘‘(3) the term ‘phased employment’ means the less-thanfull-time employment of a phased retiree; 

‘‘(4) the term ‘phased retiree’ means a retirement-eligible 

employee who— 

‘‘(A) makes an election under subsection (b); and 

‘‘(B) has not entered full retirement status; 

‘‘(5) the term ‘phased retirement annuity’ means the 

annuity payable under this section before full retirement; 

‘‘(6) the term ‘phased retirement percentage’ means the 

percentage which, when added to the working percentage for 

a phased retiree, produces a sum of 100 percent; 

‘‘(7) the term ‘phased retirement period’ means the period 

beginning on the date on which an individual becomes entitled 

to receive a phased retirement annuity and ending on the 

date on which the individual dies or separates from phased 

employment; 

‘‘(8) the term ‘phased retirement status’ means that a 

phased retiree is concurrently employed in phased employment 

and eligible to receive a phased retirement annuity; 

‘‘(9) the term ‘retirement-eligible employee’— 

‘‘(A) means an individual who, if the individual separated from the service, would meet the requirements for 

retirement under subsection (a) or (b) of section 8412; and 

‘‘(B) does not include— 

‘‘(i) an individual who, if the individual separated 

from the service, would meet the requirements for 

retirement under subsection (d) or (e) of section 8412; 

but 

‘‘(ii) does not include an employee described in 

section 8425 after the date on which the employee 

is required to be separated from the service by reason 

of such section; and 

‘‘(10) the term ‘working percentage’ means the percentage 

of full-time employment equal to the quotient obtained by 

dividing— 

‘‘(A) the number of hours per pay period to be worked 

by a phased retiree, as scheduled in accordance with subsection (b)(2); by 

‘‘(B) the number of hours per pay period to be worked 

by an employee serving in a comparable position on a 

full-time basis. 

‘‘(b)(1) With the concurrence of the head of the employing 

agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis 

for not less than the 3-year period ending on the date on which 

the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status. 

‘‘(2)(A) Subject to subparagraph (B), at the time of entering 

phased retirement status, a phased retiree shall be appointed to 

a position for which the working percentage is 50 percent. 

‘‘(B) The Director may, by regulation, provide for working 

percentages different from the percentage specified under subparagraph (A), which shall be not less than 20 percent and not more 

than 80 percent. 

‘‘(C) The working percentage for a phased retiree may not 

be changed during the phased retiree’s phased retirement period. 

Regulations. 

Time period. 


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126 STAT. 912 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(D)(i) Not less than 20 percent of the hours to be worked 

by a phased retiree shall consist of mentoring. 

‘‘(ii) The Director may, by regulation, provide for exceptions 

to the requirement under clause (i). 

‘‘(iii) Clause (i) shall not apply to a phased retiree serving 

in the United States Postal Service. Nothing in this clause shall 

prevent the application of clause (i) or (ii) with respect to a phased 

retiree serving in the Postal Regulatory Commission. 

‘‘(3) A phased retiree— 

‘‘(A) may not be employed in more than one position at 

any time; and 

‘‘(B) may transfer to another position in the same or a 

different agency, only if the transfer does not result in a change 

in the working percentage. 

‘‘(4) A retirement-eligible employee may make not more than 

one election under this subsection during the retirement-eligible 

employee’s lifetime. 

‘‘(5) A retirement-eligible employee who makes an election 

under this subsection may not make an election under section 

8420a. 

‘‘(c)(1) Except as otherwise provided under this subsection, the 

phased retirement annuity for a phased retiree is the product 

obtained by multiplying— 

‘‘(A) the amount of an annuity computed under section 

8415 that would have been payable to the phased retiree if, 

on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service 

and retired under section 8412 (a) or (b); by 

‘‘(B) the phased retirement percentage for the phased 

retiree. 

‘‘(2) A phased retirement annuity shall be paid in addition 

to the basic pay for the position to which a phased retiree is 

appointed during the phased employment. 

‘‘(3) A phased retirement annuity shall be adjusted in accordance with section 8462. 

‘‘(4)(A) A phased retirement annuity shall not be subject to 

reduction for any form of survivor annuity, shall not serve as 

the basis of the computation of any survivor annuity, and shall 

not be subject to any court order requiring a survivor annuity 

to be provided to any individual. 

‘‘(B) A phased retirement annuity shall be subject to a court 

order providing for division, allotment, assignment, execution, levy, 

attachment, garnishment, or other legal process on the same basis 

as other annuities. 

‘‘(5)(A) Any deposit, or election of an actuarial annuity reduction 

in lieu of a deposit, for military service or for creditable civilian 

service for which retirement deductions were not made or refunded, 

shall be made by a retirement-eligible employee at or before the 

time the retirement-eligible employee enters phased retirement 

status. No such deposit may be made, or actuarial adjustment 

in lieu thereof elected, at the time a phased retiree enters full 

retirement status. 

‘‘(B) Notwithstanding subparagraph (A), if a phased retiree 

does not make such a deposit and dies in service as a phased 

retiree, a survivor of the phased retiree shall have the same right 

to make such deposit as would have been available had the 

employee not entered phased retirement status and died in service. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 913 

‘‘(6) A phased retirement annuity shall commence on the date 

on which a phased retiree enters phased employment. 

‘‘(7) No unused sick leave credit may be used in the computation 

of the phased retirement annuity. 

‘‘(d) All basic pay not in excess of the full-time rate of pay 

for the position to which a phased retiree is appointed shall be 

deemed to be basic pay for purposes of sections 8422 and 8423. 

‘‘(e) Under such procedures as the Director may prescribe, 

a phased retiree may elect to enter full retirement status at any 

time. Upon making such an election, a phased retiree shall be 

entitled to a composite retirement annuity. 

‘‘(f)(1) Except as provided otherwise under this subsection, a 

composite retirement annuity is a single annuity computed under 

regulations prescribed by the Director, equal to the sum of— 

‘‘(A) the amount of the phased retirement annuity as of 

the date of full retirement, including any adjustments made 

under section 8462; and 

‘‘(B) the product obtained by multiplying— 

‘‘(i) the amount of an annuity computed under section 

8412 that would have been payable at the time of full 

retirement if the individual had not elected a phased retirement and as if the individual was employed on a fulltime basis in the position occupied during the phased retirement period and before any adjustment to provide for a 

survivor annuity; by 

‘‘(ii) the working percentage. 

‘‘(2) After computing a composite retirement annuity under 

paragraph (1), the Director shall adjust the amount of the annuity 

for any applicable reductions for a survivor annuity. 

‘‘(3) A composite retirement annuity shall be adjusted in accordance with section 8462, except that subsection (c)(1) of that section 

shall not apply. 

‘‘(4) In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased 

retiree at the time of entry into full retirement status shall be 

adjusted by dividing the number of hours of unused sick leave 

by the working percentage. 

‘‘(g)(1) Under such procedures and conditions as the Director 

may provide, and with the concurrence of the head of employing 

agency, a phased retiree may elect to terminate phased retirement 

status and return to a full-time work schedule. 

‘‘(2) Upon entering a full-time work schedule based on an election under paragraph (1), the phased retirement annuity of a phased 

retiree shall terminate. 

‘‘(3) After termination of the phased retirement annuity under 

this subsection, the individual’s rights under this chapter shall 

be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this chapter, at 

the time of the subsequent separation from service, the phased 

retirement period shall be treated as if it had been a period of 

part-time employment with the work schedule described in subsection (b)(2). 

‘‘(h) For purposes of subchapter IV— 

‘‘(1) the death of a phased retiree shall be deemed to 

be the death in service of an employee; 

‘‘(2) except for purposes of section 8442(b)(1)(A)(i), the 

phased retirement period shall be deemed to have been a period 

Regulations. 

Effective date. 


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126 STAT. 914 PUBLIC LAW 112–141—JULY 6, 2012 

of part-time employment with the work schedule described 

in subsection (b)(2) of this section; and 

‘‘(3) for purposes of section 8442(b)(1)(A)(i), the phased 

retiree shall be deemed to have been at the full-time rate 

of pay for the position occupied. 

‘‘(i) Employment of a phased retiree shall not be deemed to 

be part-time career employment, as defined in section 3401(2). 

‘‘(j) A phased retiree is not eligible to receive an annuity supplement under section 8421. 

‘‘(k) For purposes of subchapter III, a phased retiree shall 

be deemed to be an employee. 

‘‘(l) For purposes of section 8445(d), retirement shall be deemed 

to occur on the date on which a phased retiree enters into full 

retirement status. 

‘‘(m) A phased retiree is not eligible to apply for an annuity 

under subchapter V. 

‘‘(n) A phased retiree is not subject to section 8468. 

‘‘(o) For purposes of chapter 87, a phased retiree shall be 

deemed to be receiving basic pay at the rate of a full-time employee 

in the position to which the phased retiree is appointed.’’; and 

(2) in the table of sections by inserting after the item 

relating to section 8412 the following: 

‘‘8412a. Phased retirement.’’. 

(c) EXEMPTION FROM 10-PERCENT ADDITIONAL TAX ON EARLY

DISTRIBUTIONS.—Section 72(t)(2)(A) of the Internal Revenue Code 

of 1986 is amended by striking ‘‘or’’ at the end of clause (vi), 

by striking the period at the end of clause (vii) and inserting 

‘‘, or’’, and by adding at the end the following: 

‘‘(viii) payments under a phased retirement 

annuity under section 8366a(a)(5) or 8412a(a)(5) of title 

5, United States Code, or a composite retirement 

annuity under section 8366a(a)(1) or 8412a(a)(1) of 

such title.’’. 

(d) EFFECTIVE DATE.—The amendments made by subsections 

(a) and (b) shall take effect on the effective date of the implementing 

regulations issued by the Director of the Office of Personnel 

Management. 

SEC. 100122. ROLL-YOUR-OWN CIGARETTE MACHINES. 

(a) IN GENERAL.—Subsection (d) of section 5702 of the Internal 

Revenue Code of 1986 is amended by adding at the end the following 

new flush sentence: 

‘‘Such term shall include any person who for commercial purposes 

makes available for consumer use (including such consumer’s personal consumption or use under paragraph (1)) a machine capable 

of making cigarettes, cigars, or other tobacco products. A person 

making such a machine available for consumer use shall be deemed 

the person making the removal as defined by subsection (j) with 

respect to any tobacco products manufactured by such machine. 

A person who sells a machine directly to a consumer at retail 

for a consumer’s personal home use is not making a machine 

available for commercial purposes if such machine is not used 

at a retail premises and is designed to produce tobacco products 

only in personal use quantities.’’. 

Definition. 

5 USC 8331 note. 

26 USC 72. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 915 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to articles removed after the date of the enactment 

of this Act. 

SEC. 100123. CHANGE IN FMAP INCREASE FOR DISASTER RECOVERY 

STATES. 

(a) ACCELERATED DATE FOR PRIOR AMENDMENTS.—Section 

3204(b) of the Middle Class Tax Relief and Job Creation Act of 

2012 (Public Law 112–96) is amended by striking ‘‘October 1, 2013’’ 

and inserting ‘‘October 1, 2012’’. 

(b) APPLICATION OF 50 PERCENT IN FISCAL YEAR 2013.— 

Subparagraph (B) of section 1905(aa)(1) of the Social Security Act 

(42 U.S.C. 1396d(aa)(1)), as amended by section 3204(a) of Public 

Law 112–96, is amended by striking ‘‘25 percent’’ and inserting 

‘‘25 percent (or 50 percent in the case of fiscal year 2013)’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall be effective as if included in the enactment of section 3204 

of Public Law 112–96. 

SEC. 100124. REPEALS. 

(a) TRANSPORTATION REQUIREMENTS FOR CERTAIN EXPORTS

SPONSORED BY THE SECRETARY OF AGRICULTURE.— 

(1) REPEAL.—Subsections (a) and (c) of section 55314 of 

title 46, United States Code, are repealed. 

(2) ACTIVITIES DESCRIBED.—Subsection (b) of section 55314 

of title 46, United States Code, is amended by striking ‘‘This 

section applies to export activity’’ and inserting ‘‘The activities 

specified in this subsection are export activities’’. 

(b) FINANCING THE TRANSPORTATION OF AGRICULTURAL

COMMODITIES.—Subsection (a) of section 55316 of title 46, United 

States Code, is repealed. 

(c) CONFORMING AMENDMENTS.— 

(1) MINIMUM TONNAGE.—Section 55315(b) of title 46, United 

States Code, is amended by striking ‘‘subject to section 55314’’ 

and inserting ‘‘specified in section 55314(b)’’. 

(2) ISSUANCE AND PURCHASE OF OBLIGATIONS AND NOTIFICATION TO CONGRESS OF INSUFFICIENCY.—Section 55316 of title 

46, United States Code, is amended— 

(A) in subsection (c)(1) by striking ‘‘under subsections 

(a) and (b)’’ and inserting ‘‘under subsection (b)’’; and 

(B) in subsection (f) by striking ‘‘subsections (a) and 

(b) and section 55314(a) of this title’’ and inserting ‘‘subsection (b)’’. 

(3) TERMINATION OF SUBCHAPTER.—Section 55317 of title 

46, United States Code, is amended by striking ‘‘sections 

55314(a) and 55316(a) and (b)’’ and inserting ‘‘section 55316(b)’’. 

SEC. 100125. LIMITATION ON PAYMENTS FROM THE ABANDONED MINE 

RECLAMATION FUND. 

Section 411(h) of the Surface Mining Control and Reclamation 

Act of 1977 (30 U.S.C. 1240a(h)) is amended by adding at the 

end the following: 

‘‘(5) LIMITATION ON ANNUAL PAYMENTS.—Notwithstanding 

any other provision of this subsection, the total annual payment 

to a certified State or Indian tribe under this subsection shall 

be not more than $15,000,000.’’. 

42 USC 1396d 

note. 

42 USC 1396d 

note. 

26 USC 5702 

note. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 916 PUBLIC LAW 112–141—JULY 6, 2012 

TITLE II—FLOOD INSURANCE 

Subtitle A—Flood Insurance Reform and 

Modernization 

SEC. 100201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Biggert-Waters Flood Insurance Reform Act of 2012’’. 

SEC. 100202. DEFINITIONS. 

(a) IN GENERAL.—In this subtitle, the following definitions shall 

apply: 

(1) 100-YEAR FLOODPLAIN.—The term ‘‘100-year floodplain’’ 

means that area which is subject to inundation from a flood 

having a 1-percent chance of being equaled or exceeded in 

any given year. 

(2) 500-YEAR FLOODPLAIN.—The term ‘‘500-year floodplain’’ 

means that area which is subject to inundation from a flood 

having a 0.2-percent chance of being equaled or exceeded in 

any given year. 

(3) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Federal Emergency Management Agency. 

(4) NATIONAL FLOOD INSURANCE PROGRAM.—The term 

‘‘National Flood Insurance Program’’ means the program established under the National Flood Insurance Act of 1968 (42 

U.S.C. 4011 et seq.). 

(5) WRITE YOUR OWN.—The term ‘‘Write Your Own’’ means 

the cooperative undertaking between the insurance industry 

and the Federal Insurance Administration which allows participating property and casualty insurance companies to write 

and service standard flood insurance policies. 

(b) COMMON TERMINOLOGY.—Except as otherwise provided in 

this subtitle, any terms used in this subtitle shall have the meaning 

given to such terms under section 1370 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4121). 

SEC. 100203. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM. 

(a) FINANCING.—Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ‘‘July 

31, 2012’’ and inserting ‘‘September 30, 2017’’. 

(b) PROGRAM EXPIRATION.—Section 1319 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking 

‘‘July 31, 2012’’ and inserting ‘‘September 30, 2017’’. 

SEC. 100204. AVAILABILITY OF INSURANCE FOR MULTIFAMILY PROPERTIES. 

Section 1305 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4012) is amended— 

(1) in subsection (b)(2)(A), by inserting ‘‘not described in 

subsection (a) or (d)’’ after ‘‘properties’’; and 

(2) by adding at the end the following: 

‘‘(d) AVAILABILITY OF INSURANCE FOR MULTIFAMILY PROPERTIES.— 

‘‘(1) IN GENERAL.—The Administrator shall make flood 

insurance available to cover residential properties of 5 or more 

residences. Notwithstanding any other provision of law, the 

42 USC 4004. 

42 USC 4001 

note. 

Biggert-Waters 

Flood Insurance 

Reform Act 

of 2012. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 917 

maximum coverage amount that the Administrator may make 

available under this subsection to such residential properties 

shall be equal to the coverage amount made available to 

commercial properties. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to limit the ability of individuals residing 

in residential properties of 5 or more residences to obtain 

insurance for the contents and personal articles located in 

such residences.’’. 

SEC. 100205. REFORM OF PREMIUM RATE STRUCTURE. 

(a) TO EXCLUDE CERTAIN PROPERTIES FROM RECEIVING SUB- SIDIZED PREMIUM RATES.— (1) IN GENERAL.—Section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) is amended— 

(A) in subsection (a)(2), by striking ‘‘for any residential 

property which is not the primary residence of an individual; and’’ and inserting the following: ‘‘for— 

‘‘(A) any residential property which is not the primary 

residence of an individual; 

‘‘(B) any severe repetitive loss property; 

‘‘(C) any property that has incurred flood-related damage in which the cumulative amounts of payments under 

this title equaled or exceeded the fair market value of 

such property; 

‘‘(D) any business property; or 

‘‘(E) any property which on or after the date of enactment of the Biggert-Waters Flood Insurance Reform Act 

of 2012 has experienced or sustained— 

‘‘(i) substantial damage exceeding 50 percent of 

the fair market value of such property; or 

‘‘(ii) substantial improvement exceeding 30 percent 

of the fair market value of such property; and’’; and 

(B) by adding at the end the following: 

‘‘(g) NO EXTENSION OF SUBSIDY TO NEW POLICIES OR LAPSED

POLICIES.—The Administrator shall not provide flood insurance to 

prospective insureds at rates less than those estimated under subsection (a)(1), as required by paragraph (2) of that subsection, 

for— 

‘‘(1) any property not insured by the flood insurance program as of the date of enactment of the Biggert-Waters Flood 

Insurance Reform Act of 2012; 

‘‘(2) any property purchased after the date of enactment 

of the Biggert-Waters Flood Insurance Reform Act of 2012; 

‘‘(3) any policy under the flood insurance program that 

has lapsed in coverage, as a result of the deliberate choice 

of the holder of such policy; or 

‘‘(4) any prospective insured who refuses to accept any 

offer for mitigation assistance by the Administrator (including 

an offer to relocate), including an offer of mitigation assistance— 

‘‘(A) following a major disaster, as defined in section 

102 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5122); or 

‘‘(B) in connection with— 

‘‘(i) a repetitive loss property; or 

‘‘(ii) a severe repetitive loss property. 


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126 STAT. 918 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(h) DEFINITION.—In this section, the term ‘severe repetitive 

loss property’ has the following meaning: 

‘‘(1) SINGLE-FAMILY PROPERTIES.—In the case of a property 

consisting of 1 to 4 residences, such term means a property 

that— 

‘‘(A) is covered under a contract for flood insurance 

made available under this title; and 

‘‘(B) has incurred flood-related damage— 

‘‘(i) for which 4 or more separate claims payments 

have been made under flood insurance coverage under 

this chapter, with the amount of each such claim 

exceeding $5,000, and with the cumulative amount 

of such claims payments exceeding $20,000; or 

‘‘(ii) for which at least 2 separate claims payments 

have been made under such coverage, with the cumulative amount of such claims exceeding the value of 

the property. 

‘‘(2) MULTIFAMILY PROPERTIES.—In the case of a property 

consisting of 5 or more residences, such term shall have such 

meaning as the Director shall by regulation provide.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall become effective 90 days after the date of enactment 

of this Act. 

(b) ESTIMATES OF PREMIUM RATES.—Section 1307(a)(1)(B) of 

the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(B)) 

is amended— 

(1) in clause (ii), by striking ‘‘and’’ at the end; 

(2) in clause (iii), by adding ‘‘and’’ at the end; and 

(3) by inserting after clause (iii) the following: 

‘‘(iv) all costs, as prescribed by principles and 

standards of practice in ratemaking adopted by the 

American Academy of Actuaries and the Casualty Actuarial Society, including— 

‘‘(I) an estimate of the expected value of future 

costs, 

‘‘(II) all costs associated with the transfer of 

risk, and 

‘‘(III) the costs associated with an individual 

risk transfer with respect to risk classes, as defined 

by the Administrator,’’. 

(c) INCREASE IN ANNUAL LIMITATION ON PREMIUM INCREASES.— 

Section 1308(e) of the National Flood Insurance Act of 1968 (42 

U.S.C. 4015(e)) is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘or (3)’’; and 

(B) by inserting ‘‘any properties’’ after ‘‘under this title 

for’’; 

(2) in paragraph (1)— 

(A) by striking ‘‘any properties within any single’’ and 

inserting ‘‘within any single’’; and 

(B) by striking ‘‘10 percent’’ and inserting ‘‘20 percent’’; 

and 

(3) by striking paragraph (2) and inserting the following: 

‘‘(2) described in subparagraphs (A) through (E) of section 

1307(a)(2) shall be increased by 25 percent each year, until 

the average risk premium rate for such properties is equal 

42 USC 4014 

note. 

Regulations. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 919 

to the average of the risk premium rates for properties 

described under paragraph (1).’’. 

(d) PREMIUM PAYMENT FLEXIBILITY FOR NEW AND EXISTING

POLICYHOLDERS.—Section 1308 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4015) is amended by adding at the end 

the following: 

‘‘(g) FREQUENCY OF PREMIUM COLLECTION.—With respect to 

any chargeable premium rate prescribed under this section, the 

Administrator shall provide policyholders that are not required 

to escrow their premiums and fees for flood insurance as set forth 

under section 102 of the Flood Disaster Protection Act of 1973 

(42 U.S.C. 4012a) with the option of paying their premiums either 

annually or in more frequent installments.’’. 

(e) RULE OF CONSTRUCTION.—Nothing in this section or the 

amendments made by this section may be construed to affect the 

requirement under section 2(c) of the Act entitled ‘‘An Act to extend 

the National Flood Insurance Program, and for other purposes’’, 

approved May 31, 2012 (Public Law 112–123), that the first increase 

in chargeable risk premium rates for residential properties which 

are not the primary residence of an individual take effect on July 

1, 2012. 

SEC. 100207. PREMIUM ADJUSTMENT. 

Section 1308 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4015), as amended by section 100205, is further amended 

by adding at the end the following: 

‘‘(h) PREMIUM ADJUSTMENT TO REFLECT CURRENT RISK OF

FLOOD.—Notwithstanding subsection (f), upon the effective date 

of any revised or updated flood insurance rate map under this 

Act, the Flood Disaster Protection Act of 1973, or the BiggertWaters Flood Insurance Reform Act of 2012, any property located 

in an area that is participating in the national flood insurance 

program shall have the risk premium rate charged for flood insurance on such property adjusted to accurately reflect the current 

risk of flood to such property, subject to any other provision of 

this Act. Any increase in the risk premium rate charged for flood 

insurance on any property that is covered by a flood insurance 

policy on the effective date of such an update that is a result 

of such updating shall be phased in over a 5-year period, at the 

rate of 20 percent for each year following such effective date. In 

the case of any area that was not previously designated as an 

area having special flood hazards and that, pursuant to any 

issuance, revision, updating, or other change in a flood insurance 

map, becomes designated as such an area, the chargeable risk 

premium rate for flood insurance under this title that is purchased 

on or after the date of enactment of this subsection with respect 

to any property that is located within such area shall be phased 

in over a 5-year period, at the rate of 20 percent for each year 

following the effective date of such issuance, revision, updating, 

or change.’’. 

SEC. 100208. ENFORCEMENT. 

Section 102(f)(5) of the Flood Disaster Protection Act of 1973 

(42 U.S.C. 4012a(f)(5)) is amended— 

(1) in the first sentence, by striking ‘‘$350’’ and inserting 

‘‘$2,000’’; and 

(2) by striking the second sentence. 

Time period. 

Effective date. 

42 USC 4015 

note. 


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126 STAT. 920 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 100209. ESCROW OF FLOOD INSURANCE PAYMENTS. 

(a) IN GENERAL.—Paragraph (1) of section 102(d) of the Flood 

Disaster Protection Act of 1973 (42 U.S.C. 4012a(d)) is amended 

to read as follows: 

‘‘(1) REGULATED LENDING INSTITUTIONS.— 

‘‘(A) FEDERAL ENTITIES RESPONSIBLE FOR LENDING

REGULATIONS.—Each Federal entity for lending regulation 

(after consultation and coordination with the Federal 

Financial Institutions Examination Council) shall, by regulation, direct that all premiums and fees for flood insurance 

under the National Flood Insurance Act of 1968, for 

improved real estate or a mobile home, shall be paid to 

the regulated lending institution or servicer for any loan 

secured by the improved real estate or mobile home, with 

the same frequency as payments on the loan are made, 

for the duration of the loan. Except as provided in subparagraph (C), upon receipt of any premiums or fees, the regulated lending institution or servicer shall deposit such premiums and fees in an escrow account on behalf of the 

borrower. Upon receipt of a notice from the Administrator 

or the provider of the flood insurance that insurance premiums are due, the premiums deposited in the escrow 

account shall be paid to the provider of the flood insurance. 

‘‘(B) LIMITATION.—Except as may be required under 

applicable State law, a Federal entity for lending regulation 

may not direct or require a regulated lending institution 

to deposit premiums or fees for flood insurance under the 

National Flood Insurance Act of 1968 in an escrow account 

on behalf of a borrower under subparagraph (A) or (B), 

if— 

‘‘(i) the regulated lending institution has total 

assets of less than $1,000,000,000; and 

‘‘(ii) on or before the date of enactment of the 

Biggert-Waters Flood Insurance Reform Act of 2012, 

the regulated lending institution— 

‘‘(I) in the case of a loan secured by residential 

improved real estate or a mobile home, was not 

required under Federal or State law to deposit 

taxes, insurance premiums, fees, or any other 

charges in an escrow account for the entire term 

of the loan; and 

‘‘(II) did not have a policy of consistently and 

uniformly requiring the deposit of taxes, insurance 

premiums, fees, or any other charges in an escrow 

account for loans secured by residential improved 

real estate or a mobile home.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall apply to any mortgage outstanding or entered into on or 

after the expiration of the 2-year period beginning on the date 

of enactment of this Act. 

SEC. 100210. MINIMUM DEDUCTIBLES FOR CLAIMS UNDER THE 

NATIONAL FLOOD INSURANCE PROGRAM. 

Section 1312 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4019) is amended— 

(1) by striking ‘‘The Director is’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Administrator is’’; and 

Time period. 

42 USC 4012a 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 921 

(2) by adding at the end the following: 

‘‘(b) MINIMUM ANNUAL DEDUCTIBLE.— 

‘‘(1) PRE-FIRM PROPERTIES.—For any structure which is covered by flood insurance under this title, and on which construction or substantial improvement occurred on or before December 

31, 1974, or before the effective date of an initial flood insurance 

rate map published by the Administrator under section 1360 

for the area in which such structure is located, the minimum 

annual deductible for damage to such structure shall be— 

‘‘(A) $1,500, if the flood insurance coverage for such 

structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and 

‘‘(B) $2,000, if the flood insurance coverage for such 

structure covers loss of, or physical damage to, such structure in an amount greater than $100,000. 

‘‘(2) POST-FIRM PROPERTIES.—For any structure which is 

covered by flood insurance under this title, and on which 

construction or substantial improvement occurred after 

December 31, 1974, or after the effective date of an initial 

flood insurance rate map published by the Administrator under 

section 1360 for the area in which such structure is located, 

the minimum annual deductible for damage to such structure 

shall be— 

‘‘(A) $1,000, if the flood insurance coverage for such 

structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and 

‘‘(B) $1,250, if the flood insurance coverage for such 

structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.’’. 

SEC. 100211. CONSIDERATIONS IN DETERMINING CHARGEABLE PREMIUM RATES. 

Section 1308 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4015), as amended by this Act, is amended— 

(1) in subsection (a), by striking ‘‘, after consultation with’’ 

and all that follows through ‘‘by regulation’’ and inserting ‘‘prescribe, after providing notice’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking the period at the 

end and inserting a semicolon; 

(B) in paragraph (2), by striking the comma at the 

end and inserting a semicolon; 

(C) in paragraph (3), by striking ‘‘, and’’ and inserting 

a semicolon; 

(D) in paragraph (4), by striking the period at the 

end and inserting ‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(5) adequate, on the basis of accepted actuarial principles, 

to cover the average historical loss year obligations incurred 

by the National Flood Insurance Fund.’’; and 

(3) by adding at the end the following: 

‘‘(i) RULE OF CONSTRUCTION.—For purposes of this section, the 

calculation of an ‘average historical loss year’— 

‘‘(1) includes catastrophic loss years; and 

‘‘(2) shall be computed in accordance with generally 

accepted actuarial principles.’’. 


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126 STAT. 922 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 100212. RESERVE FUND. 

Chapter I of the National Flood Insurance Act of 1968 (42 

U.S.C. 4011 et seq.) is amended by inserting after section 1310 

(42 U.S.C. 4017) the following: 

‘‘SEC. 1310A. RESERVE FUND. 

‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In carrying out the 

flood insurance program authorized by this chapter, the Administrator shall establish in the Treasury of the United States a 

National Flood Insurance Reserve Fund (in this section referred 

to as the ‘Reserve Fund’) which shall— 

‘‘(1) be an account separate from any other accounts or 

funds available to the Administrator; and 

‘‘(2) be available for meeting the expected future obligations 

of the flood insurance program, including— 

‘‘(A) the payment of claims; 

‘‘(B) claims adjustment expenses; and 

‘‘(C) the repayment of amounts outstanding under any 

note or other obligation issued by the Administrator under 

section 1309(a). 

‘‘(b) RESERVE RATIO.—Subject to the phase-in requirements 

under subsection (d), the Reserve Fund shall maintain a balance 

equal to— 

‘‘(1) 1 percent of the sum of the total potential loss exposure 

of all outstanding flood insurance policies in force in the prior 

fiscal year; or 

‘‘(2) such higher percentage as the Administrator determines to be appropriate, taking into consideration any circumstance that may raise a significant risk of substantial future 

losses to the Reserve Fund. 

‘‘(c) MAINTENANCE OF RESERVE RATIO.— 

‘‘(1) IN GENERAL.—The Administrator shall have the 

authority to establish, increase, or decrease the amount of 

aggregate annual insurance premiums to be collected for any 

fiscal year necessary— 

‘‘(A) to maintain the reserve ratio required under subsection (b); and 

‘‘(B) to achieve such reserve ratio, if the actual balance 

of such reserve is below the amount required under subsection (b). 

‘‘(2) CONSIDERATIONS.—In exercising the authority granted 

under paragraph (1), the Administrator shall consider— 

‘‘(A) the expected operating expenses of the Reserve 

Fund; 

‘‘(B) the insurance loss expenditures under the flood 

insurance program; 

‘‘(C) any investment income generated under the flood 

insurance program; and 

‘‘(D) any other factor that the Administrator determines appropriate. 

‘‘(3) LIMITATIONS.— 

‘‘(A) RATES.—In exercising the authority granted under 

paragraph (1), the Administrator shall be subject to all 

other provisions of this Act, including any provisions 

relating to chargeable premium rates or annual increases 

of such rates. 

42 USC 4017a. 


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‘‘(B) USE OF ADDITIONAL ANNUAL INSURANCE PRE- MIUMS.—Notwithstanding any other provision of law or 

any agreement entered into by the Administrator, the 

Administrator shall ensure that all amounts attributable 

to the establishment or increase of annual insurance premiums under paragraph (1) are transferred to the Administrator for deposit into the Reserve Fund, to be available 

for meeting the expected future obligations of the flood 

insurance program as described in subsection (a)(2). 

‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in requirements 

under this subsection are as follows: 

‘‘(1) IN GENERAL.—Beginning in fiscal year 2013 and not 

ending until the fiscal year in which the ratio required under 

subsection (b) is achieved, in each such fiscal year the Administrator shall place in the Reserve Fund an amount equal to 

not less than 7.5 percent of the reserve ratio required under 

subsection (b). 

‘‘(2) AMOUNT SATISFIED.—As soon as the ratio required 

under subsection (b) is achieved, and except as provided in 

paragraph (3), the Administrator shall not be required to set 

aside any amounts for the Reserve Fund. 

‘‘(3) EXCEPTION.—If at any time after the ratio required 

under subsection (b) is achieved, the Reserve Fund falls below 

the required ratio under subsection (b), the Administrator shall 

place in the Reserve Fund for that fiscal year an amount 

equal to not less than 7.5 percent of the reserve ratio required 

under subsection (b). 

‘‘(e) LIMITATION ON RESERVE RATIO.—In any given fiscal year, 

if the Administrator determines that the reserve ratio required 

under subsection (b) cannot be achieved, the Administrator shall 

submit a report to Congress that— 

‘‘(1) describes and details the specific concerns of the 

Administrator regarding the consequences of the reserve ratio 

not being achieved; 

‘‘(2) demonstrates how such consequences would harm the 

long-term financial soundness of the flood insurance program; 

and 

‘‘(3) indicates the maximum attainable reserve ratio for 

that particular fiscal year. 

‘‘(f) INVESTMENT.—The Secretary of the Treasury shall invest 

such amounts of the Reserve Fund as the Secretary determines 

advisable in obligations issued or guaranteed by the United States.’’. 

SEC. 100213. REPAYMENT PLAN FOR BORROWING AUTHORITY. 

(a) REPAYMENT PLAN REQUIRED.—Section 1309 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4016) is amended by adding 

at the end the following: 

‘‘(c) Upon the exercise of the authority established under subsection (a), the Administrator shall transmit a schedule for repayment of such amounts to— 

‘‘(1) the Secretary of the Treasury; 

‘‘(2) the Committee on Banking, Housing, and Urban Affairs 

of the Senate; and 

‘‘(3) the Committee on Financial Services of the House 

of Representatives. 

‘‘(d) In connection with any funds borrowed by the Administrator under the authority established in subsection (a), the 

Deadline. 

Reports. 

Determination. 

Reports. 

Effective date. 


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126 STAT. 924 PUBLIC LAW 112–141—JULY 6, 2012 

Administrator, beginning 6 months after the date on which such 

funds are borrowed, and continuing every 6 months thereafter 

until such borrowed funds are fully repaid, shall submit a report 

on the progress of such repayment to— 

‘‘(1) the Secretary of the Treasury; 

‘‘(2) the Committee on Banking, Housing, and Urban Affairs 

of the Senate; and 

‘‘(3) the Committee on Financial Services of the House 

of Representatives.’’. 

(b) REPORT.—Not later than the expiration of the 6-month 

period beginning on the date of enactment of this Act, the Administrator shall submit a report to the Congress setting forth options 

for repaying within 10 years all amounts, including any amounts 

previously borrowed but not yet repaid, owed pursuant to clause 

(2) of subsection (a) of section 1309 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4016(a)(2)). 

SEC. 100214. PAYMENT OF CONDOMINIUM CLAIMS. 

Section 1312 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4019), as amended by section 100210, is amended by adding 

at the end the following: 

‘‘(c) PAYMENT OF CLAIMS TO CONDOMINIUM OWNERS.—The 

Administrator may not deny payment for any damage to or loss 

of property which is covered by flood insurance to condominium 

owners who purchased such flood insurance separate and apart 

from the flood insurance purchased by the condominium association 

in which such owner is a member, based solely, or in any part, 

on the flood insurance coverage of the condominium association 

or others on the overall property owned by the condominium association.’’. 

SEC. 100215. TECHNICAL MAPPING ADVISORY COUNCIL. 

(a) ESTABLISHMENT.—There is established a council to be known 

as the Technical Mapping Advisory Council (in this section referred 

to as the ‘‘Council’’). 

(b) MEMBERSHIP.— (1) IN GENERAL.—The Council shall consist of— 

(A) the Administrator (or the designee thereof); 

(B) the Secretary of the Interior (or the designee 

thereof); 

(C) the Secretary of Agriculture (or the designee 

thereof); 

(D) the Under Secretary of Commerce for Oceans and 

Atmosphere (or the designee thereof); and 

(E) 16 additional members appointed by the Administrator or the designee of the Administrator, who shall 

be— 

(i) a member of a recognized professional surveying 

association or organization; 

(ii) a member of a recognized professional mapping 

association or organization; 

(iii) a member of a recognized professional 

engineering association or organization; 

(iv) a member of a recognized professional association or organization representing flood hazard determination firms; 

(v) a representative of the United States Geological 

Survey; 

42 USC 4101a. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 925 

(vi) a representative of a recognized professional 

association or organization representing State 

geographic information; 

(vii) a representative of State national flood insurance coordination offices; 

(viii) a representative of the Corps of Engineers; 

(ix) a member of a recognized regional flood and 

storm water management organization; 

(x) 2 representatives of different State government 

agencies that have entered into cooperating technical 

partnerships with the Administrator and have demonstrated the capability to produce flood insurance rate 

maps; 

(xi) 2 representatives of different local government 

agencies that have entered into cooperating technical 

partnerships with the Administrator and have demonstrated the capability to produce flood insurance 

maps; 

(xii) a member of a recognized floodplain management association or organization; 

(xiii) a member of a recognized risk management 

association or organization; and 

(xiv) a State mitigation officer. 

(2) QUALIFICATIONS.—Members of the Council shall be 

appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, 

geographic information systems, or the technical aspects of 

preparing and using flood insurance rate maps. In appointing 

members under paragraph (1)(E), the Administrator shall, to 

the maximum extent practicable, ensure that the membership 

of the Council has a balance of Federal, State, local, tribal, 

and private members, and includes geographic diversity, 

including representation from areas with coastline on the Gulf 

of Mexico and other States containing areas identified by the 

Administrator as at high risk for flooding or as areas having 

special flood hazards. 

(c) DUTIES.—The Council shall— 

(1) recommend to the Administrator how to improve in 

a cost-effective manner the— 

(A) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and 

risk data; and 

(B) performance metrics and milestones required to 

effectively and efficiently map flood risk areas in the United 

States; 

(2) recommend to the Administrator mapping standards 

and guidelines for— 

(A) flood insurance rate maps; and 

(B) data accuracy, data quality, data currency, and 

data eligibility; 

(3) recommend to the Administrator how to maintain, on 

an ongoing basis, flood insurance rate maps and flood risk 

identification; 

(4) recommend procedures for delegating mapping activities 

to State and local mapping partners; 

(5) recommend to the Administrator and other Federal 

agencies participating in the Council— 

Recommendations. 


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126 STAT. 926 PUBLIC LAW 112–141—JULY 6, 2012 

(A) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk 

determination; and 

(B) a funding strategy to leverage and coordinate 

budgets and expenditures across Federal agencies; and 

(6) submit an annual report to the Administrator that 

contains— 

(A) a description of the activities of the Council; 

(B) an evaluation of the status and performance of 

flood insurance rate maps and mapping activities to revise 

and update flood insurance rate maps, as required under 

section 100216; and 

(C) a summary of recommendations made by the 

Council to the Administrator. 

(d) FUTURE CONDITIONS RISK ASSESSMENT AND MODELING

REPORT.— 

(1) IN GENERAL.—The Council shall consult with scientists 

and technical experts, other Federal agencies, States, and local 

communities to— 

(A) develop recommendations on how to— 

(i) ensure that flood insurance rate maps incorporate the best available climate science to assess flood 

risks; and 

(ii) ensure that the Federal Emergency Management Agency uses the best available methodology to 

consider the impact of— 

(I) the rise in the sea level; and 

(II) future development on flood risk; and 

(B) not later than 1 year after the date of enactment 

of this Act, prepare written recommendations in a future 

conditions risk assessment and modeling report and to 

submit such recommendations to the Administrator. 

(2) RESPONSIBILITY OF THE ADMINISTRATOR.—The Administrator, as part of the ongoing program to review and update 

National Flood Insurance Program rate maps under section 

100216, shall incorporate any future risk assessment submitted 

under paragraph (1)(B) in any such revision or update. 

(e) CHAIRPERSON.—The members of the Council shall elect 1 

member to serve as the chairperson of the Council (in this section 

referred to as the ‘‘Chairperson’’). 

(f) COORDINATION.—To ensure that the Council’s recommendations are consistent, to the maximum extent practicable, with 

national digital spatial data collection and management standards, 

the Chairperson shall consult with the Chairperson of the Federal 

Geographic Data Committee (established pursuant to Office of 

Management and Budget Circular A–16). 

(g) COMPENSATION.—Members of the Council shall receive no 

additional compensation by reason of their service on the Council. 

(h) MEETINGS AND ACTIONS.— 

(1) IN GENERAL.—The Council shall meet not less frequently 

than twice each year at the request of the Chairperson or 

a majority of its members, and may take action by a vote 

of the majority of the members. 

(2) INITIAL MEETING.—The Administrator, or a person designated by the Administrator, shall request and coordinate 

the initial meeting of the Council. 

Consultation. 

Deadline. 

Reports. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 927 

(i) OFFICERS.—The Chairperson may appoint officers to assist 

in carrying out the duties of the Council under subsection (c). 

(j) STAFF.— 

(1) STAFF OF FEMA.—Upon the request of the Chairperson, 

the Administrator may detail, on a nonreimbursable basis, 

personnel of the Federal Emergency Management Agency to 

assist the Council in carrying out its duties. 

(2) STAFF OF OTHER FEDERAL AGENCIES.—Upon request of 

the Chairperson, any other Federal agency that is a member 

of the Council may detail, on a nonreimbursable basis, personnel to assist the Council in carrying out its duties. 

(k) POWERS.—In carrying out this section, the Council may 

hold hearings, receive evidence and assistance, provide information, 

and conduct research, as it considers appropriate. 

(l) REPORT TO CONGRESS.—The Administrator, on an annual 

basis, shall report to the Committee on Banking, Housing, and 

Urban Affairs of the Senate, the Committee on Financial Services 

of the House of Representatives, and the Office of Management 

and Budget on the— 

(1) recommendations made by the Council; 

(2) actions taken by the Federal Emergency Management 

Agency to address such recommendations to improve flood 

insurance rate maps and flood risk data; and 

(3) any recommendations made by the Council that have 

been deferred or not acted upon, together with an explanatory 

statement. 

SEC. 100216. NATIONAL FLOOD MAPPING PROGRAM. 

(a) REVIEWING, UPDATING, AND MAINTAINING MAPS.—The 

Administrator, in coordination with the Technical Mapping Advisory 

Council established under section 100215, shall establish an ongoing 

program under which the Administrator shall review, update, and 

maintain National Flood Insurance Program rate maps in accordance with this section. 

(b) MAPPING.— 

(1) IN GENERAL.—In carrying out the program established 

under subsection (a), the Administrator shall— 

(A) identify, review, update, maintain, and publish 

National Flood Insurance Program rate maps with respect 

to— 

(i) all populated areas and areas of possible population growth located within the 100-year floodplain; 

(ii) all populated areas and areas of possible population growth located within the 500-year floodplain; 

(iii) areas of residual risk, including areas that 

are protected by levees, dams, and other flood control 

structures; 

(iv) areas that could be inundated as a result of 

the failure of a levee, dam, or other flood control structure; and 

(v) the level of protection provided by flood control 

structures; 

(B) establish or update flood-risk zone data in all such 

areas, and make estimates with respect to the rates of 

probable flood caused loss for the various flood risk zones 

for each such area; and 

42 USC 4101b. 


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126 STAT. 928 PUBLIC LAW 112–141—JULY 6, 2012 

(C) use, in identifying, reviewing, updating, 

maintaining, or publishing any National Flood Insurance 

Program rate map required under this section or under 

the National Flood Insurance Act of 1968 (42 U.S.C. 4011 

et seq.), the most accurate topography and elevation data 

available. 

(2) MAPPING ELEMENTS.—Each map updated under this 

section shall— 

(A) assess the accuracy of current ground elevation 

data used for hydrologic and hydraulic modeling of flooding 

sources and mapping of the flood hazard and wherever 

necessary acquire new ground elevation data utilizing the 

most up-to-date geospatial technologies in accordance with 

guidelines and specifications of the Federal Emergency 

Management Agency; and 

(B) develop National Flood Insurance Program flood 

data on a watershed basis— 

(i) to provide the most technically effective and 

efficient studies and hydrologic and hydraulic modeling; and 

(ii) to eliminate, to the maximum extent possible, 

discrepancies in base flood elevations between adjacent 

political subdivisions. 

(3) OTHER INCLUSIONS.—In updating maps under this section, the Administrator shall include— 

(A) any relevant information on coastal inundation 

from— 

(i) an applicable inundation map of the Corps of 

Engineers; and 

(ii) data of the National Oceanic and Atmospheric 

Administration relating to storm surge modeling; 

(B) any relevant information of the United States 

Geological Survey on stream flows, watershed characteristics, and topography that is useful in the identification 

of flood hazard areas, as determined by the Administrator; 

(C) any relevant information on land subsidence, 

coastal erosion areas, changing lake levels, and other floodrelated hazards; 

(D) any relevant information or data of the National 

Oceanic and Atmospheric Administration and the United 

States Geological Survey relating to the best available 

science regarding future changes in sea levels, precipitation, and intensity of hurricanes; and 

(E) any other relevant information as may be recommended by the Technical Mapping Advisory Committee. 

(c) STANDARDS.—In updating and maintaining maps under this 

section, the Administrator shall— 

(1) establish standards to— 

(A) ensure that maps are adequate for— 

(i) flood risk determinations; and 

(ii) use by State and local governments in managing development to reduce the risk of flooding; and 

(B) facilitate identification and use of consistent 

methods of data collection and analysis by the Administrator, in conjunction with State and local governments, 

in developing maps for communities with similar flood 

risks, as determined by the Administrator; and 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 929 

(2) publish maps in a format that is— 

(A) digital geospatial data compliant; 

(B) compliant with the open publishing and data 

exchange standards established by the Open Geospatial 

Consortium; and 

(C) aligned with official data defined by the National 

Geodetic Survey. 

(d) COMMUNICATION AND OUTREACH.— (1) IN GENERAL.—The Administrator shall— 

(A) work to enhance communication and outreach to 

States, local communities, and property owners about the 

effects— 

(i) of any potential changes to National Flood 

Insurance Program rate maps that may result from 

the mapping program required under this section; and 

(ii) that any such changes may have on flood insurance purchase requirements; 

(B) engage with local communities to enhance communication and outreach to the residents of such communities, 

including tenants (with regard to contents insurance), on 

the matters described under subparagraph (A); and 

(C) upon the issuance of any proposed map and any 

notice of an opportunity to make an appeal relating to 

the proposed map, notify the Senators for each State 

affected and each Member of the House of Representatives 

for each congressional district affected by the proposed 

map of any action taken by the Administrator with respect 

to the proposed map or an appeal relating to the proposed 

map. 

(2) REQUIRED ACTIVITIES.—The communication and outreach activities required under paragraph (1) shall include— 

(A) notifying property owners when their properties 

become included in, or when they are excluded from, an 

area covered by the mandatory flood insurance purchase 

requirement under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a); 

(B) educating property owners regarding the flood risk 

and reduction of this risk in their community, including 

the continued flood risks to areas that are no longer subject 

to the flood insurance mandatory purchase requirement; 

(C) educating property owners regarding the benefits 

and costs of maintaining or acquiring flood insurance, 

including, where applicable, lower-cost preferred risk policies under the National Flood Insurance Act of 1968 (42 

U.S.C. 4011 et seq.) for such properties and the contents 

of such properties; 

(D) educating property owners about flood map revisions and the process available to such owners to appeal 

proposed changes in flood elevations through their community, including by notifying local radio and television stations; and 

(E) encouraging property owners to maintain or acquire 

flood insurance coverage. 

(e) COMMUNITY REMAPPING REQUEST.—Upon the adoption by 

the Administrator of any recommendation by the Technical Mapping 

Advisory Council for reviewing, updating, or maintaining National 

Flood Insurance Program rate maps in accordance with this section, 

Notification. 

Notification. 


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126 STAT. 930 PUBLIC LAW 112–141—JULY 6, 2012 

a community that believes that its flood insurance rates in effect 

prior to adoption would be affected by the adoption of such recommendation may submit a request for an update of its rate maps, 

which may be considered at the Administrator’s sole discretion. 

The Administrator shall establish a protocol for the evaluation 

of such community map update requests. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Administrator to carry out this section 

$400,000,000 for each of fiscal years 2013 through 2017. 

SEC. 100217. SCOPE OF APPEALS. 

Section 1363 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4104) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘and designating areas having special 

flood hazards’’ after ‘‘flood elevations’’; and 

(B) by striking ‘‘such determinations’’ and inserting 

‘‘such determinations and designations’’; and 

(2) in subsection (b)— 

(A) in the first sentence, by inserting ‘‘and designations 

of areas having special flood hazards’’ after ‘‘flood elevation 

determinations’’; and 

(B) by amending the third sentence to read as follows: 

‘‘The sole grounds for appeal shall be the possession of 

knowledge or information indicating that (1) the elevations 

being proposed by the Administrator with respect to an 

identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of 

an identified special flood hazard area is scientifically or 

technically incorrect.’’. 

SEC. 100218. SCIENTIFIC RESOLUTION PANEL. 

(a) ESTABLISHMENT.—Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.) is amended by inserting 

after section 1363 (42 U.S.C. 4104) the following: 

‘‘SEC. 1363A. SCIENTIFIC RESOLUTION PANEL. 

‘‘(a) AVAILABILITY.— 

‘‘(1) IN GENERAL.—Pursuant to the authority provided 

under section 1363(e), the Administrator shall make available 

an independent review panel, to be known as the Scientific 

Resolution Panel, to any community— 

‘‘(A) that has— 

‘‘(i) filed a timely map appeal in accordance with 

section 1363; 

‘‘(ii) completed 60 days of consultation with the 

Federal Emergency Management Agency on the appeal; 

and 

‘‘(iii) not allowed more than 120 days, or such 

longer period as may be provided by the Administrator 

by waiver, to pass since the end of the appeal period; 

or 

‘‘(B) that has received an unsatisfactory ruling under 

the map revision process established pursuant to section 

1360(f). 

‘‘(2) APPEALS BY OWNERS AND LESSEES.—If a community 

and an owner or lessee of real property within the community 

42 USC 4104–1. 

Protocol. 

Evaluation. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 931 

appeal a proposed determination of a flood elevation under 

section 1363(b), upon the request of the community— 

‘‘(A) the owner or lessee shall submit scientific and 

technical data relating to the appeals to the Scientific 

Resolution Panel; and 

‘‘(B) the Scientific Resolution Panel shall make a determination with respect to the appeals in accordance with 

subsection (c). 

‘‘(3) DEFINITION.—For purposes of paragraph (1)(B), an 

‘unsatisfactory ruling’ means that a community— 

‘‘(A) received a revised Flood Insurance Rate Map from 

the Federal Emergency Management Agency, via a Letter 

of Final Determination, after September 30, 2008, and 

prior to the date of enactment of this section; 

‘‘(B) has subsequently applied for a Letter of Map 

Revision or Physical Map Revision with the Federal Emergency Management Agency; and 

‘‘(C) has received an unfavorable ruling on their request 

for a map revision. 

‘‘(b) MEMBERSHIP.—The Scientific Resolution Panel made available under subsection (a) shall consist of 5 members with expertise 

that relates to the creation and study of flood hazard maps and 

flood insurance. The Scientific Resolution Panel may include representatives from Federal agencies not involved in the mapping 

study in question and from other impartial experts. Employees 

of the Federal Emergency Management Agency may not serve on 

the Scientific Resolution Panel. 

‘‘(c) DETERMINATION.— 

‘‘(1) IN GENERAL.—Following deliberations, and not later 

than 90 days after its formation, the Scientific Resolution Panel 

shall issue a determination of resolution of the dispute. Such 

determination shall set forth recommendations for the base 

flood elevation determination or the designation of an area 

having special flood hazards that shall be reflected in the 

Flood Insurance Rate Maps. 

‘‘(2) BASIS.—The determination of the Scientific Resolution 

Panel shall be based on— 

‘‘(A) data previously provided to the Administrator by 

the community, and, in the case of a dispute submitted 

under subsection (a)(2), an owner or lessee of real property 

in the community; and 

‘‘(B) data provided by the Administrator. 

‘‘(3) NO ALTERNATIVE DETERMINATIONS PERMISSIBLE.—The 

Scientific Resolution Panel— 

‘‘(A) shall provide a determination of resolution of a 

dispute that— 

‘‘(i) is either in favor of the Administrator or in 

favor of the community on each distinct element of 

the dispute; or 

‘‘(ii) in the case of a dispute submitted under subsection (a)(2), is in favor of the Administrator, in favor 

of the community, or in favor of the owner or lessee 

of real property in the community on each distinct 

element of the dispute; and 

‘‘(B) may not offer as a resolution any other alternative 

determination. 

‘‘(4) EFFECT OF DETERMINATION.— 

Deadline. 

Determination. 


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126 STAT. 932 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(A) BINDING.—The recommendations of the Scientific 

Resolution Panel shall be binding on all appellants and 

not subject to further judicial review unless the Administrator determines that implementing the determination of 

the panel would— 

‘‘(i) pose a significant threat due to failure to identify a substantial risk of special flood hazards; or 

‘‘(ii) violate applicable law. 

‘‘(B) WRITTEN JUSTIFICATION NOT TO ENFORCE.—If the 

Administrator elects not to implement the determination 

of the Scientific Resolution Panel pursuant to subparagraph 

(A), then not later than 60 days after the issuance of 

the determination, the Administrator shall issue a written 

justification explaining such election. 

‘‘(C) APPEAL OF DETERMINATION NOT TO ENFORCE.— If the Administrator elects not to implement the determination of the Scientific Resolution Panel pursuant to subparagraph (A), the community may appeal the determination 

of the Administrator as provided for under section 1363(g). 

‘‘(d) MAPS USED FOR INSURANCE AND MANDATORY PURCHASE

REQUIREMENTS.—With respect to any community that has a dispute 

that is being considered by the Scientific Resolution Panel formed 

pursuant to this subsection, the Federal Emergency Management 

Agency shall ensure that for each such community that— 

‘‘(1) the Flood Insurance Rate Map described in the most 

recently issued Letter of Final Determination shall be in force 

and effect with respect to such community; and 

‘‘(2) flood insurance shall continue to be made available 

to the property owners and residents of the participating 

community.’’. 

(b) CONFORMING AMENDMENTS.— (1) ADMINISTRATIVE REVIEW.—Section 1363(e) of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4104(e)) is 

amended, in the second sentence, by striking ‘‘an independent 

scientific body or appropriate Federal agency for advice’’ and 

inserting ‘‘the Scientific Resolution Panel provided for in section 

1363A’’. 

(2) JUDICIAL REVIEW.—The first sentence of section 1363(g) 

of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(g)) 

is amended by striking ‘‘Any appellant’’ and inserting ‘‘Except 

as provided in section 1363A, any appellant’’. 

SEC. 100219. REMOVAL OF LIMITATION ON STATE CONTRIBUTIONS FOR 

UPDATING FLOOD MAPS. 

Section 1360(f)(2) of the National Flood Insurance Act of 1968 

(42 U.S.C. 4101(f)(2)) is amended by striking ‘‘, but which may 

not exceed 50 percent of the cost of carrying out the requested 

revision or update’’. 

SEC. 100220. COORDINATION. 

(a) INTERAGENCY BUDGET CROSSCUT AND COORDINATION

REPORT.— 

(1) IN GENERAL.—The Secretary of Homeland Security, the 

Administrator, the Director of the Office of Management and 

Budget, and the heads of each Federal department or agency 

carrying out activities under sections 100215 and 100216 shall 

work together to ensure that flood risk determination data 

and geospatial data are shared among Federal agencies in 

42 USC 4101c. 

42 USC 4104. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 933 

order to coordinate the efforts of the Nation to reduce its 

vulnerability to flooding hazards. 

(2) REPORT.—Not later than 30 days after the submission 

of the budget of the United States Government by the President 

to Congress, the Director of the Office of Management and 

Budget, in coordination with the Federal Emergency Management Agency, the United States Geological Survey, the National 

Oceanic and Atmospheric Administration, the Corps of Engineers, and other Federal agencies, as appropriate, shall submit 

to the appropriate authorizing and appropriating committees 

of the Senate and the House of Representatives an interagency 

budget crosscut and coordination report, certified by the Secretary or head of each such agency, that— 

(A) contains an interagency budget crosscut report that 

displays relevant sections of the budget proposed for each 

of the Federal agencies working on flood risk determination 

data and digital elevation models, including any planned 

interagency or intra-agency transfers; and 

(B) describes how the efforts aligned with such sections 

complement one another. 

(b) DUTIES OF THE ADMINISTRATOR.—In carrying out sections 

100215 and 100216, the Administrator shall— 

(1) participate, pursuant to section 216 of the E–Government Act of 2002 (44 U.S.C. 3501 note), in the establishment 

of such standards and common protocols as are necessary to 

assure the interoperability of geospatial data for all users of 

such information; 

(2) coordinate with, seek assistance and cooperation of, 

and provide a liaison to the Federal Geographic Data Committee pursuant to the Office of Management and Budget Circular A–16 and Executive Order 12906 (43 U.S.C. 1457 note; 

relating to the National Spatial Data Infrastructure) for the 

implementation of and compliance with such standards; 

(3) integrate with, leverage, and coordinate funding of, 

to the maximum extent practicable, the current flood mapping 

activities of each unit of State and local government; 

(4) integrate with, leverage, and coordinate, to the maximum extent practicable, the current geospatial activities of 

other Federal agencies and units of State and local government; 

and 

(5) develop a funding strategy to leverage and coordinate 

budgets and expenditures, and to maintain or establish joint 

funding and other agreement mechanisms with other Federal 

agencies and units of State and local government to share 

in the collection and utilization of geospatial data among all 

governmental users. 

SEC. 100221. INTERAGENCY COORDINATION STUDY. 

(a) IN GENERAL.—The Administrator shall enter into a contract 

with the National Academy of Public Administration to conduct 

a study on how the Federal Emergency Management Agency— 

(1) should improve interagency and intergovernmental 

coordination on flood mapping, including a funding strategy 

to leverage and coordinate budgets and expenditures; and 

(2) can establish joint funding mechanisms with other Federal agencies and units of State and local government to share 

Contracts. 

Certification. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 934 PUBLIC LAW 112–141—JULY 6, 2012 

the collection and utilization of data among all governmental 

users. 

(b) TIMING.—A contract entered into under subsection (a) shall 

require that, not later than 180 days after the date of enactment 

of this subtitle, the National Academy of Public Administration 

shall report the findings of the study required under subsection 

(a) to— 

(1) the Committee on Banking, Housing, and Urban Affairs 

of the Senate; 

(2) the Committee on Financial Services of the House of 

Representatives; 

(3) the Committee on Appropriations of the Senate; and 

(4) the Committee on Appropriations of the House of Representatives. 

SEC. 100222. NOTICE OF FLOOD INSURANCE AVAILABILITY UNDER 

RESPA. 

Section 5(b) of the Real Estate Settlement Procedures Act of 

1974 (12 U.S.C. 2604(b)), as amended by section 1450 of the DoddFrank Wall Street Reform and Consumer Protection Act (Public 

Law 111–203; 124 Stat. 2174), is amended by adding at the end 

the following: 

‘‘(14) An explanation of flood insurance and the availability 

of flood insurance under the National Flood Insurance Program 

or from a private insurance company, whether or not the real 

estate is located in an area having special flood hazards.’’. 

SEC. 100223. PARTICIPATION IN STATE DISASTER CLAIMS MEDIATION 

PROGRAMS. 

Chapter I of the National Flood Insurance Act of 1968 (42 

U.S.C. 4011 et seq.) is amended by inserting after section 1313 

(42 U.S.C. 4020) the following: 

‘‘SEC. 1314. PARTICIPATION IN STATE DISASTER CLAIMS MEDIATION 

PROGRAMS. 

‘‘(a) REQUIREMENT TO PARTICIPATE.—In the case of the occurrence of a major disaster, as defined in section 102 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122), that may have resulted in flood damage covered under the 

national flood insurance program established under this title and 

other personal lines residential property insurance coverage offered 

by a State regulated insurer, upon a request made by the insurance 

commissioner of a State (or such other official responsible for regulating the business of insurance in the State) for the participation 

of representatives of the Administrator in a program sponsored 

by such State for nonbinding mediation of insurance claims 

resulting from a major disaster, the Administrator shall cause representatives of the national flood insurance program to participate 

in such a State program where claims under the national flood 

insurance program are involved to expedite settlement of flood 

damage claims resulting from such disaster. 

‘‘(b) EXTENT OF PARTICIPATION.—In satisfying the requirements 

of subsection (a), the Administrator shall require that each representative of the Administrator— 

‘‘(1) be certified for purposes of the national flood insurance 

program to settle claims against such program resulting from 

such disaster in amounts up to the limits of policies under 

such program; 

Certification. 

42 USC 4021. 

Reports. 


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‘‘(2) attend State-sponsored mediation meetings regarding 

flood insurance claims resulting from such disaster at such 

times and places as may be arranged by the State; 

‘‘(3) participate in good-faith negotiations toward the settlement of such claims with policyholders of coverage made available under the national flood insurance program; and 

‘‘(4) finalize the settlement of such claims on behalf of 

the national flood insurance program with such policyholders. 

‘‘(c) COORDINATION.—Representatives of the Administrator shall 

at all times coordinate their activities with insurance officials of 

the State and representatives of insurers for the purposes of consolidating and expediting settlement of claims under the national flood 

insurance program resulting from such disaster. 

‘‘(d) QUALIFICATIONS OF MEDIATORS.—Each State mediator 

participating in State-sponsored mediation under this section shall 

be— 

‘‘(1)(A) a member in good standing of the State bar in 

the State in which the mediation is to occur with at least 

2 years of practical experience; and 

‘‘(B) an active member of such bar for at least 1 year 

prior to the year in which such mediator’s participation is 

sought; or 

‘‘(2) a retired trial judge from any United States jurisdiction 

who was a member in good standing of the bar in the State 

in which the judge presided for at least 5 years prior to the 

year in which such mediator’s participation is sought. 

‘‘(e) MEDIATION PROCEEDINGS AND DOCUMENTS PRIVILEGED.— 

As a condition of participation, all statements made and documents 

produced pursuant to State-sponsored mediation involving representatives of the Administrator shall be deemed privileged and 

confidential settlement negotiations made in anticipation of litigation. 

‘‘(f) LIABILITY, RIGHTS, OR OBLIGATIONS NOT AFFECTED.— 

Participation in State-sponsored mediation, as described in this 

section does not— 

‘‘(1) affect or expand the liability of any party in contract 

or in tort; or 

‘‘(2) affect the rights or obligations of the parties, as established— 

‘‘(A) in any regulation issued by the Administrator, 

including any regulation relating to a standard flood insurance policy; 

‘‘(B) under this title; and 

‘‘(C) under any other provision of Federal law. 

‘‘(g) EXCLUSIVE FEDERAL JURISDICTION.—Participation in Statesponsored mediation shall not alter, change, or modify the original 

exclusive jurisdiction of United States courts, as set forth in this 

title. 

‘‘(h) COST LIMITATION.—Nothing in this section shall be construed to require the Administrator or a representative of the 

Administrator to pay additional mediation fees relating to flood 

insurance claims associated with a State-sponsored mediation program in which such representative of the Administrator participates. 

‘‘(i) EXCEPTION.—In the case of the occurrence of a major disaster that results in flood damage claims under the national flood 

Mediation. 


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insurance program and that does not result in any loss covered 

by a personal lines residential property insurance policy— 

‘‘(1) this section shall not apply; and 

‘‘(2) the provisions of the standard flood insurance policy 

under the national flood insurance program and the appeals 

process established under section 205 of the Bunning-BereuterBlumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 

4011 note) and the regulations issued pursuant to such section 

shall apply exclusively. 

‘‘(j) REPRESENTATIVES OF THE ADMINISTRATOR.—For purposes 

of this section, the term ‘representatives of the Administrator’ 

means representatives of the national flood insurance program who 

participate in the appeals process established under section 205 

of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act 

of 2004 (42 U.S.C. 4011 note).’’. 

SEC. 100224. OVERSIGHT AND EXPENSE REIMBURSEMENTS OF INSURANCE COMPANIES. 

(a) SUBMISSION OF BIENNIAL REPORTS.— 

(1) TO THE ADMINISTRATOR.—Not later than 20 days after 

the date of enactment of this Act, each property and casualty 

insurance company participating in the Write Your Own program shall submit to the Administrator any biennial report 

required by the Federal Emergency Management Agency to 

be prepared in the prior 5 years by such company. 

(2) TO GAO.—Not later than 10 days after the submission 

of the biennial reports under paragraph (1), the Administrator 

shall submit all such reports to the Comptroller General of 

the United States. 

(3) NOTICE TO CONGRESS OF FAILURE TO COMPLY.—The 

Administrator shall notify and report to the Committee on 

Banking, Housing, and Urban Affairs of the Senate and the 

Committee on Financial Services of the House of Representatives on any property and casualty insurance company participating in the Write Your Own program that failed to submit 

its biennial reports as required under paragraph (1). 

(4) FAILURE TO COMPLY.—A property and casualty insurance company participating in the Write Your Own program 

which fails to comply with the reporting requirement under 

this subsection or the requirement under section 62.23(j)(1) 

of title 44, Code of Federal Regulations (relating to biennial 

audit of the flood insurance financial statements) shall be subject to a civil penalty in an amount of not more than $1,000 

per day for each day that the company remains in noncompliance with either such requirement. 

(b) METHODOLOGY TO DETERMINE REIMBURSED EXPENSES.— 

Not later than 180 days after the date of enactment of this Act, 

the Administrator shall develop a methodology for determining 

the appropriate amounts that property and casualty insurance 

companies participating in the Write Your Own program should 

be reimbursed for selling, writing, and servicing flood insurance 

policies and adjusting flood insurance claims on behalf of the 

National Flood Insurance Program. The methodology shall be developed using actual expense data for the flood insurance line and 

can be derived from— 

(1) flood insurance expense data produced by the property 

and casualty insurance companies; 

Deadline. 

42 USC 4081 

note. 

Definition. 


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(2) flood insurance expense data collected by the National 

Association of Insurance Commissioners; or 

(3) a combination of the methodologies described in paragraphs (1) and (2). 

(c) SUBMISSION OF EXPENSE REPORTS.—To develop the methodology established under subsection (b), the Administrator may 

require each property and casualty insurance company participating 

in the Write Your Own program to submit a report to the Administrator, in a format determined by the Administrator and within 

60 days of the request, that details the expense levels of each 

such company for selling, writing, and servicing standard flood 

insurance policies and adjusting and servicing claims. 

(d) FEMA RULEMAKING ON REIMBURSEMENT OF EXPENSES

UNDER THE WRITE YOUR OWN PROGRAM.—Not later than 12 months 

after the date of enactment of this Act, the Administrator shall 

issue a rule to formulate revised expense reimbursements to property and casualty insurance companies participating in the Write 

Your Own program for their expenses (including their operating 

and administrative expenses for adjustment of claims) in selling, 

writing, and servicing standard flood insurance policies, including 

how such companies shall be reimbursed in both catastrophic and 

noncatastrophic years. Such reimbursements shall be structured 

to ensure reimbursements track the actual expenses, including 

standard business costs and operating expenses, of such companies 

as closely as practicably possible. 

(e) REPORT OF THE ADMINISTRATOR.—Not later than 60 days 

after the effective date of the final rule issued pursuant to subsection (d), the Administrator shall submit to the Committee on 

Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a 

report containing— 

(1) the specific rationale and purposes of such rule; 

(2) the reasons for the adoption of the policies contained 

in such rule; and 

(3) the degree to which such rule accurately represents 

the true operating costs and expenses of property and casualty 

insurance companies participating in the Write Your Own program. 

(f) GAO STUDY AND REPORT ON EXPENSES OF WRITE YOUR

OWN PROGRAM.— 

(1) STUDY.—Not later than 180 days after the effective 

date of the final rule issued pursuant to subsection (d), the 

Comptroller General of the United States shall— 

(A) conduct a study on the efficacy, adequacy, and 

sufficiency of the final rules issued pursuant to subsection 

(d); and 

(B) report to the Committee on Banking, Housing, 

and Urban Affairs of the Senate and the Committee on 

Financial Services of the House of Representatives on the 

findings of the study conducted under subparagraph (A). 

(2) GAO AUTHORITY.—In conducting the study and report 

required under paragraph (1), the Comptroller General— 

(A) may use any previous findings, studies, or reports 

that the Comptroller General previously completed on the 

Write Your Own program; 

(B) shall determine if— Determination. 

Deadline. 


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126 STAT. 938 PUBLIC LAW 112–141—JULY 6, 2012 

(i) the final rule issued pursuant to subsection 

(d) allows the Federal Emergency Management Agency 

to access adequate information regarding the actual 

expenses of property and casualty insurance companies 

participating in the Write Your Own program; and 

(ii) the actual reimbursements paid out under the 

final rule issued pursuant to subsection (d) accurately 

reflect the expenses reported by property and casualty 

insurance companies participating in the Write Your 

Own program, including the standard business costs 

and operating expenses of such companies; and 

(C) shall analyze the effect of the final rule issued 

pursuant to subsection (d) on the level of participation 

of property and casualty insurers in the Write Your Own 

program. 

SEC. 100225. MITIGATION. 

(a) MITIGATION ASSISTANCE GRANTS.—Section 1366 of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is 

amended— 

(1) by striking subsections (b), (d), (f), (g), (h), (k), and 

(m); 

(2) by redesignating subsections (c), (e), (i), and (j) as subsections (b), (c), (e), and (f), respectively; 

(3) in subsection (a), by striking the last sentence and 

inserting the following: ‘‘Such financial assistance shall be made 

available— 

‘‘(1) to States and communities in the form of grants under 

this section for carrying out mitigation activities; 

‘‘(2) to States and communities in the form of grants under 

this section for carrying out mitigation activities that reduce 

flood damage to severe repetitive loss structures; and 

‘‘(3) to property owners in the form of direct grants under 

this section for carrying out mitigation activities that reduce 

flood damage to individual structures for which 2 or more 

claim payments for losses have been made under flood insurance coverage under this title if the Administrator, after consultation with the State and community, determines that neither the State nor community in which such a structure is 

located has the capacity to manage such grants.’’; 

(4) in subsection (b), as so redesignated, in the first sentence— 

(A) by striking ‘‘and provides protection against’’ and 

inserting ‘‘provides for reduction of’’; and 

(B) by inserting before the period at the end the following: ‘‘, and may be included in a multihazard mitigation 

plan’’; 

(5) in subsection (c), as so redesignated— 

(A) in paragraph (1), by striking ‘‘(1) USE OF

AMOUNTS.—’’ and all that follows through the end of the 

first sentence and inserting the following: 

‘‘(1) REQUIREMENT OF CONSISTENCY WITH APPROVED MITIGATION PLAN.—Amounts provided under this section may be used 

only for mitigation activities that are consistent with mitigation 

plans that are approved by the Administrator and identified 

under paragraph (4).’’; 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 939 

(B) by striking paragraphs (2), (3), and (4) and 

inserting the following new paragraphs: 

‘‘(2) REQUIREMENTS OF TECHNICAL FEASIBILITY, COST

EFFECTIVENESS, AND INTEREST OF NATIONAL FLOOD INSURANCE

FUND.— 

‘‘(A) IN GENERAL.—The Administrator may approve 

only mitigation activities that the Administrator determines— 

‘‘(i) are technically feasible and cost-effective; or 

‘‘(ii) will eliminate future payments from the 

National Flood Insurance Fund for severe repetitive 

loss structures through an acquisition or relocation 

activity. 

‘‘(B) CONSIDERATIONS.—In making a determination 

under subparagraph (A), the Administrator shall take into 

consideration recognized ancillary benefits.’’; 

(C) by redesignating paragraph (5) as paragraph (3); 

(D) in paragraph (3), as so redesignated— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘The Director’’ and all that follows through 

‘‘Such activities may’’ and inserting ‘‘Eligible activities 

under a mitigation plan may’’; 

(ii) by striking subparagraphs (E) and (H); 

(iii) by redesignating subparagraphs (D), (F), and 

(G) as subparagraphs (E), (G), and (H), respectively; 

(iv) by inserting after subparagraph (C) the following new subparagraph: 

‘‘(D) elevation, relocation, or floodproofing of utilities 

(including equipment that serves structures);’’; 

(v) by inserting after subparagraph (E), as so 

redesignated, the following new subparagraph: 

‘‘(F) the development or update of mitigation plans 

by a State or community which meet the planning criteria 

established by the Administrator, except that the amount 

from grants under this section that may be used under 

this subparagraph may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan 

of a community;’’; 

(vi) in subparagraph (H); as so redesignated, by 

striking ‘‘and’’ at the end; and 

(vii) by adding at the end the following new subparagraphs: 

‘‘(I) other mitigation activities not described in subparagraphs (A) through (G) or the regulations issued under 

subparagraph (H), that are described in the mitigation 

plan of a State or community; and 

‘‘(J) without regard to the requirements under paragraphs (1) and (2) of subsection (d), and if the State applied 

for and was awarded at least $1,000,000 in grants available 

under this section in the prior fiscal year, technical assistance to communities to identify eligible activities, to 

develop grant applications, and to implement grants 

awarded under this section, not to exceed $50,000 to any 

1 State in any fiscal year.’’; and 

(E) by striking paragraph (6) and inserting the following: 


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126 STAT. 940 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(4) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROPERTIES.—The Administrator shall consider as an eligible 

activity the demolition and rebuilding of properties to at least 

base flood elevation or greater, if required by the Administrator 

or if required by any State regulation or local ordinance, and 

in accordance with criteria established by the Administrator.’’; 

(6) by inserting after subsection (c), as so redesignated, 

the following new subsection: 

‘‘(d) MATCHING REQUIREMENT.—The Administrator may provide 

grants for eligible mitigation activities as follows: 

‘‘(1) SEVERE REPETITIVE LOSS STRUCTURES.—In the case 

of mitigation activities to severe repetitive loss structures, in 

an amount up to— 

‘‘(A) 100 percent of all eligible costs, if the activities 

are approved under subsection (c)(2)(A)(i); or 

‘‘(A) the expected savings to the National Flood Insurance Fund from expected avoided damages through acquisition or relocation activities, if the activities are approved 

under subsection (c)(2)(A)(ii). 

‘‘(2) REPETITIVE LOSS STRUCTURES.—In the case of mitigation activities to repetitive loss structures, in an amount up 

to 90 percent of all eligible costs. 

‘‘(3) OTHER MITIGATION ACTIVITIES.—In the case of all other 

mitigation activities, in an amount up to 75 percent of all 

eligible costs.’’. 

(7) in subsection (e)(2), as so redesignated— 

(A) by striking ‘‘certified under subsection (g)’’ and 

inserting ‘‘required under subsection (d)’’; and 

(B) by striking ‘‘3 times the amount’’ and inserting 

‘‘the amount’’; 

(8) in subsection (f), as so redesignated, by striking ‘‘Riegle 

Community Development and Regulatory Improvement Act of 

1994’’ and inserting ‘‘Biggert-Waters Flood Insurance Reform 

Act of 2012’’; and 

(9) by adding at the end the following new subsections: 

‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN 5 YEARS.—For 

any application for a grant under this section for which the Administrator fails to make a grant award within 5 years of the date 

of the application, the grant application shall be considered to 

be denied and any funding amounts allocated for such grant applications shall remain in the National Flood Mitigation Fund under 

section 1367 of this title and shall be made available for grants 

under this section. 

‘‘(h) DEFINITIONS.—For purposes of this section, the following 

definitions shall apply: 

‘‘(1) COMMUNITY.—The term ‘community’ means— 

‘‘(A) a political subdivision that— 

‘‘(i) has zoning and building code jurisdiction over 

a particular area having special flood hazards; and 

‘‘(ii) is participating in the national flood insurance 

program; or 

‘‘(B) a political subdivision of a State, or other 

authority, that is designated by political subdivisions, all 

of which meet the requirements of subparagraph (A), to 

administer grants for mitigation activities for such political 

subdivisions. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 941 

‘‘(2) REPETITIVE LOSS STRUCTURE.—The term ‘repetitive loss 

structure’ has the meaning given such term in section 1370. 

‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.—The term ‘severe 

repetitive loss structure’ means a structure that— 

‘‘(A) is covered under a contract for flood insurance 

made available under this title; and 

‘‘(B) has incurred flood-related damage— 

‘‘(i) for which 4 or more separate claims payments 

have been made under flood insurance coverage under 

this title, with the amount of each such claim exceeding 

$5,000, and with the cumulative amount of such claims 

payments exceeding $20,000; or 

‘‘(ii) for which at least 2 separate claims payments 

have been made under such coverage, with the cumulative amount of such claims exceeding the value of 

the insured structure.’’. 

(b) ELIMINATION OF GRANTS PROGRAM FOR REPETITIVE INSURANCE CLAIMS PROPERTIES.—Chapter I of the National Flood Insurance Act of 1968 is amended by striking section 1323 (42 U.S.C. 

4030). 

(c) ELIMINATION OF PILOT PROGRAM FOR MITIGATION OF SEVERE

REPETITIVE LOSS PROPERTIES.—Chapter III of the National Flood 

Insurance Act of 1968 is amended by striking section 1361A (42 

U.S.C. 4102a). 

(d) NATIONAL FLOOD INSURANCE FUND.—Section 1310(a) of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is 

amended— 

(1) in paragraph (6), by inserting ‘‘and’’ after the semicolon; 

(2) in paragraph (7), by striking the semicolon and inserting 

a period; and 

(3) by striking paragraphs (8) and (9). 

(e) NATIONAL FLOOD MITIGATION FUND.—Section 1367 of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is 

amended— 

(1) in subsection (b)— 

(A) by striking paragraph (1) and inserting the following new paragraph: 

‘‘(1) in each fiscal year, amounts from the National Flood 

Insurance Fund not to exceed $90,000,000 and to remain available until expended, of which— 

‘‘(A) not more than $40,000,000 shall be available 

pursuant to subsection (a) of this section for assistance 

described in section 1366(a)(1); 

‘‘(B) not more than $40,000,000 shall be available 

pursuant to subsection (a) of this section for assistance 

described in section 1366(a)(2); and 

‘‘(C) not more than $10,000,000 shall be available 

pursuant to subsection (a) of this section for assistance 

described in section 1366(a)(3);’’; and 

(B) in paragraph (3), by striking ‘‘section 1366(i)’’ and 

inserting ‘‘section 1366(e)’’; 

(2) in subsection (c), by striking ‘‘sections 1366 and 1323’’ 

and inserting ‘‘section 1366’’; 

(3) by redesignating subsections (d) and (e) as subsections 

(f) and (g), respectively; and 

(4) by inserting after subsection (c) the following new subsections: 


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126 STAT. 942 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(d) PROHIBITION ON OFFSETTING COLLECTIONS.—Notwithstanding any other provision of this title, amounts made available 

pursuant to this section shall not be subject to offsetting collections 

through premium rates for flood insurance coverage under this 

title. 

‘‘(e) CONTINUED AVAILABILITY AND REALLOCATION.—Any 

amounts made available pursuant to subparagraph (A), (B), or 

(C) of subsection (b)(1) that are not used in any fiscal year shall 

continue to be available for the purposes specified in the subparagraph of subsection (b)(1) pursuant to which such amounts were 

made available, unless the Administrator determines that reallocation of such unused amounts to meet demonstrated need for other 

mitigation activities under section 1366 is in the best interest 

of the National Flood Insurance Fund.’’. 

(f) INCREASED COST OF COMPLIANCE COVERAGE.—Section 

1304(b)(4) of the National Flood Insurance Act of 1968 (42 U.S.C. 

4011(b)(4)) is amended— 

(1) by striking subparagraph (B); and 

(2) by redesignating subparagraphs (C), (D), and (E) as 

subparagraphs (B), (C), and (D), respectively. 

SEC. 100226. FLOOD PROTECTION STRUCTURE ACCREDITATION TASK 

FORCE. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘flood protection structure accreditation 

requirements’’ means the requirements established under section 65.10 of title 44, Code of Federal Regulations, for levee 

systems to be recognized on maps created for purposes of the 

National Flood Insurance Program; 

(2) the term ‘‘National Committee on Levee Safety’’ means 

the Committee on Levee Safety established under section 9003 

of the National Levee Safety Act of 2007 (33 U.S.C. 3302); 

and 

(3) the term ‘‘task force’’ means the Flood Protection Structure Accreditation Task Force established under subsection (b). 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—The Administrator and the Secretary of 

the Army, acting through the Chief of Engineers, in cooperation 

with the National Committee on Levee Safety, shall jointly 

establish a Flood Protection Structure Accreditation Task Force. 

(2) DUTIES.— 

(A) DEVELOPING PROCESS.—The task force shall develop 

a process to better align the information and data collected 

by or for the Corps of Engineers under the Inspection 

of Completed Works Program with the flood protection 

structure accreditation requirements so that— 

(i) information and data collected for either purpose can be used interchangeably; and 

(ii) information and data collected by or for the 

Corps of Engineers under the Inspection of Completed 

Works Program is sufficient to satisfy the flood protection structure accreditation requirements. 

(B) GATHERING RECOMMENDATIONS.—The task force 

shall gather, and consider in the process developed under 

subparagraph (A), recommendations from interested persons in each region relating to the information, data, and 

accreditation requirements described in subparagraph (A). 

42 USC 4101 

note. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 943 

(3) CONSIDERATIONS.—In developing the process under 

paragraph (2), the task force shall consider changes to— 

(A) the information and data collected by or for the 

Corps of Engineers under the Inspection of Completed 

Works Program; and 

(B) the flood protection structure accreditation requirements. 

(4) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to require a reduction in the level of public safety 

and flood control provided by accredited levees, as determined 

by the Administrator for purposes of this section. 

(c) IMPLEMENTATION.—The Administrator and the Secretary of 

the Army, acting through the Chief of Engineers, shall implement 

the process developed by the task force under subsection (b) not 

later than 1 year after the date of enactment of this Act and 

shall complete the process under subsection (b) not later than 

2 years after the date of enactment of this Act. 

(d) REPORTS.—The Administrator and the Secretary of the 

Army, acting through the Chief of Engineers, in cooperation with 

the National Committee on Levee Safety, shall jointly submit to 

the Committee on Banking, Housing, and Urban Affairs and the 

Committee on Environment and Public Works of the Senate and 

the Committee on Financial Services, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources 

of the House of Representatives reports concerning the activities 

of the task force and the implementation of the process developed 

by the task force under subsection (b), including— 

(1) an interim report, not later than 180 days after the 

date of enactment of this Act; and 

(2) a final report, not later than 1 year after the date 

of enactment of this Act. 

(e) TERMINATION.—The task force shall terminate on the date 

of submission of the report under subsection (d)(2). 

SEC. 100227. FLOOD IN PROGRESS DETERMINATIONS. 

(a) REPORT.— 

(1) REVIEW.—The Administrator shall review— 

(A) the processes and procedures for determining that 

a flood event has commenced or is in progress for purposes 

of flood insurance coverage made available under the 

National Flood Insurance Program; 

(B) the processes and procedures for providing public 

notification that such a flood event has commenced or 

is in progress; 

(C) the processes and procedures regarding the timing 

of public notification of flood insurance requirements and 

availability; and 

(D) the effects and implications that weather conditions, including rainfall, snowfall, projected snowmelt, 

existing water levels, and other conditions, have on the 

determination that a flood event has commenced or is 

in progress. 

(2) REPORT.—Not later than 6 months after the date of 

enactment of this Act, the Administrator shall submit a report 

to Congress that describes— 

(A) the results and conclusions of the review under 

paragraph (1); and 

42 USC 4011 

note. 

Deadlines. 


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(B) any actions taken, or proposed actions to be taken, 

by the Administrator to provide for more precise and technical processes and procedures for determining that a flood 

event has commenced or is in progress. 

(b) EFFECTIVE DATE OF POLICIES COVERING PROPERTIES

AFFECTED BY FLOODING OF THE MISSOURI RIVER IN 2011.— 

(1) ELIGIBLE COVERAGE.—For purposes of this subsection, 

the term ‘‘eligible coverage’’ means coverage under a new contract for flood insurance coverage under the National Flood 

Insurance Program, or a modification to coverage under an 

existing flood insurance contract, for property damaged by the 

flooding of the Missouri River that commenced on June 1, 

2011, that was purchased or made during the period beginning 

May 1, 2011, and ending June 6, 2011. 

(2) EFFECTIVE DATES.—Notwithstanding section 1306(c) of 

the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)), 

or any other provision of law, any eligible coverage shall— 

(A) be deemed to take effect on the date that is 30 

days after the date on which all obligations for the eligible 

coverage (including completion of the application and payment of any initial premiums owed) are satisfactorily completed; and 

(B) cover damage to property occurring after the effective date described in subparagraph (A) that resulted from 

the flooding of the Missouri River that commenced on June 

1, 2011, if the property did not suffer damage or loss 

as a result of such flooding before the effective date 

described in subparagraph (A). 

(c) TIMELY NOTIFICATION.—Not later than 90 days after the 

date on which the Administrator submits the report required under 

subsection (a)(2), the Administrator shall, taking into consideration 

the results of the review under subsection (a)(1)(B), develop procedures for providing timely notification, to the extent practicable, 

to policyholders who have purchased flood insurance coverage under 

the National Flood Insurance Program within 30 days of a determination of a flood in progress and who may be affected by the 

flood of the determination and how the determination may affect 

their coverage. 

SEC. 100228. CLARIFICATION OF RESIDENTIAL AND COMMERCIAL COVERAGE LIMITS. 

Section 1306(b) of the National Flood Insurance Act of 1968 

(42 U.S.C. 4013(b)) is amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘in the case of any residential property’’ 

and inserting ‘‘in the case of any residential building 

designed for the occupancy of from 1 to 4 families’’; and 

(B) by striking ‘‘shall be made available to every 

insured upon renewal and every applicant for insurance 

so as to enable such insured or applicant to receive coverage 

up to a total amount (including such limits specified in 

paragraph (1)(A)(i)) of $250,000’’ and inserting ‘‘shall be 

made available, with respect to any single such building, 

up to an aggregate liability (including such limits specified 

in paragraph (1)(A)(i)) of $250,000’’; and 

(2) in paragraph (4)— 

Procedures. 

Definition. 

Time period. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 945 

(A) by striking ‘‘in the case of any nonresidential property, including churches,’’ and inserting ‘‘in the case of 

any nonresidential building, including a church,’’; and 

(B) by striking ‘‘shall be made available to every 

insured upon renewal and every applicant for insurance, 

in respect to any single structure, up to a total amount 

(including such limit specified in subparagraph (B) or (C) 

of paragraph (1), as applicable) of $500,000 for each structure and $500,000 for any contents related to each structure’’ and inserting ‘‘shall be made available with respect 

to any single such building, up to an aggregate liability 

(including such limits specified in subparagraph (B) or 

(C) of paragraph (1), as applicable) of $500,000, and coverage shall be made available up to a total of $500,000 

aggregate liability for contents owned by the building owner 

and $500,000 aggregate liability for each unit within the 

building for contents owned by the tenant’’. 

SEC. 100229. LOCAL DATA REQUIREMENT. 

(a) IN GENERAL.—Notwithstanding any other provision of this 

subtitle, no area or community participating in the National Flood 

Insurance Program that is or includes a community that is identified by the Administrator as Community Identification Number 

360467 and impacted by the Jamaica Bay flooding source or identified by the Administrator as Community Identification Number 

360495 may be or become designated as an area having special 

flood hazards for purposes of the National Flood Insurance Program, 

unless the designation is made on the basis of— 

(1) flood hazard analyses of hydrologic, hydraulic, or coastal 

flood hazards that have been properly calibrated and validated, 

and are specific and directly relevant to the geographic area 

being studied; and 

(2) ground elevation information of sufficient accuracy and 

precision to meet the guidelines of the Administration for 

accuracy at the 95 percent confidence level. 

(b) REMAPPING.— 

(1) REMAPPING REQUIRED.—If the Administrator determines 

that an area described in subsection (a) has been designated 

as an area of special flood hazard on the basis of information 

that does not comply with the requirements under subsection 

(a), the Administrator shall revise and update any National 

Flood Insurance Program rate map for the area— 

(A) using information that complies with the requirements under subsection (a); and 

(B) in accordance with the procedures established 

under section 1363 of the National Flood Insurance Act 

of 1968 (42 U.S.C. 4104) for flood elevation determinations. 

(2) INTERIM PERIOD.—A National Flood Insurance Program 

rate map in effect on the date of enactment of this Act for 

an area for which the Administrator has made a determination 

under paragraph (1) shall continue in effect with respect to 

the area during the period— 

(A) beginning on the date of enactment of this Act; 

and 

(B) ending on the date on which the Administrator 

determines that the requirements under section 1363 of 

the National Flood Insurance Act of 1968 (42 U.S.C. 4104) 

Determination. 


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126 STAT. 946 PUBLIC LAW 112–141—JULY 6, 2012 

for flood elevation determinations have been met with 

respect to a revision and update under paragraph (1) of 

a National Flood Insurance Program rate map for the 

area. 

(3) DEADLINE.—The Administrator shall issue a preliminary National Flood Insurance Program rate map resulting 

from a revision and update required under paragraph (1) not 

later than 1 year after the date of enactment of this Act. 

(4) RISK PREMIUM RATE CLARIFICATION.— 

(A) IN GENERAL.—If a revision and update required 

under paragraph (1) results in a reduction in the risk 

premium rate for a property in an area for which the 

Administrator has made a determination under paragraph 

(1), the Administrator shall— 

(i) calculate the difference between the reduced 

risk premium rate and the risk premium rate paid 

by a policyholder with respect to the property during 

the period— 

(I) beginning on the date on which the 

National Flood Insurance Program rate map in 

effect for the area on the date of enactment of 

this Act took effect; and 

(II) ending on the date on which the revised 

or updated National Flood Insurance Program rate 

map takes effect; and 

(ii) reimburse the policyholder an amount equal 

to such difference. 

(B) FUNDING.—Notwithstanding section 1310 of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4017), 

there shall be available to the Administrator from premiums deposited in the National Flood Insurance Fund 

pursuant to subsection (d) of such section 1310, of amounts 

not otherwise obligated, the amount necessary to carry 

out this paragraph. 

(c) TERMINATION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), this 

section shall cease to have effect on the effective date of a 

National Flood Insurance Program rate map revised and 

updated under subsection (b)(1). 

(2) REIMBURSEMENTS.—Subsection (b)(4) shall cease to have 

effect on the date on which the Administrator has made all 

reimbursements required under subsection (b)(4). 

SEC. 100230. ELIGIBILITY FOR FLOOD INSURANCE FOR PERSONS 

RESIDING IN COMMUNITIES THAT HAVE MADE ADEQUATE PROGRESS ON THE RECONSTRUCTION OR 

IMPROVEMENT OF A FLOOD PROTECTION SYSTEM. 

(a) ELIGIBILITY FOR FLOOD INSURANCE COVERAGE.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law (including section 1307(e) of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4014(e))), a person residing in a community that the Administrator determines has made adequate 

progress on the reconstruction or improvement of a flood protection system that will afford flood protection for a 100-year 

floodplain (without regard to the level of Federal funding of 

42 USC 4014 

note. 


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or participation in the construction, reconstruction, or improvement), shall be eligible for flood insurance coverage under the 

National Flood Insurance Program— 

(A) if the person resides in a community that is a 

participant in the National Flood Insurance Program; and 

(B) at a risk premium rate that does not exceed the 

risk premium rate that would be chargeable if the flood 

protection system had been completed. 

(2) ADEQUATE PROGRESS.— (A) RECONSTRUCTION OR IMPROVEMENT.—For purposes 

of paragraph (1), the Administrator shall determine that 

a community has made adequate progress on the 

reconstruction or improvement of a flood protection system 

if— 

(i) 100 percent of the project cost has been authorized; 

(ii) not less than 60 percent of the project cost 

has been secured or appropriated; 

(iii) not less than 50 percent of the flood protection 

system has been assessed as being without deficiencies; 

and 

(iv) the reconstruction or improvement has a 

project schedule that does not exceed 5 years, beginning on the date on which the reconstruction or 

construction of the improvement commences. 

(B) CONSIDERATIONS.—In determining whether a flood 

protection system has been assessed as being without deficiencies, the Administrator shall consider the requirements 

under section 65.10 of chapter 44, Code of Federal Regulations, or any successor thereto. 

(C) DATE OF COMMENCEMENT.—For purposes of 

subparagraph (A)(iv) of this paragraph and subsection 

(b)(2)(B), the date of commencement of the reconstruction 

or improvement of a flood protection system that is undergoing reconstruction or improvement on the date of enactment of this Act shall be deemed to be the date on which 

the owner of the flood protection system submits a request 

under paragraph (3). 

(3) REQUEST FOR DETERMINATION.—The owner of a flood 

protection system that is undergoing reconstruction or improvement on the date of enactment of this Act may submit to 

the Administrator a request for a determination under paragraph (2) that the community in which the flood protection 

system is located has made adequate progress on the 

reconstruction or improvement of the flood protection system. 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to prohibit the Administrator from making 

a determination under paragraph (2) for any community in 

which a flood protection system is not undergoing reconstruction or improvement on the date of enactment of this Act. 

(b) TERMINATION OF ELIGIBILITY.— (1) ADEQUATE CONTINUING PROGRESS.—The Administrator 

shall issue rules to establish a method of determining whether 

a community has made adequate continuing progress on the 

reconstruction or improvement of a flood protection system 

that includes— 

(A) a requirement that the Administrator shall— 

Regulations. 

Determination. 


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126 STAT. 948 PUBLIC LAW 112–141—JULY 6, 2012 

(i) consult with the owner of the flood protection 

system— 

(I) 6 months after the date of a determination 

under subsection (a); 

(II) 18 months after the date of a determination under subsection (a); and 

(III) 36 months after the date of a determination under subsection (a); and 

(ii) after each consultation under clause (i), determine whether the reconstruction or improvement is 

reasonably likely to be completed in accordance with 

the project schedule described in subsection 

(a)(2)(A)(iv); and 

(B) a requirement that, if the Administrator makes 

a determination under subparagraph (A)(ii) that 

reconstruction or improvement is not reasonably likely to 

be completed in accordance with the project schedule, the 

Administrator shall— 

(i) not later than 30 days after the date of the 

determination, notify the owner of the flood protection 

system of the determination and provide the rationale 

and evidence for the determination; and 

(ii) provide the owner of the flood protection system 

the opportunity to appeal the determination. 

(2) TERMINATION.—The Administrator shall terminate the 

eligibility for flood insurance coverage under subsection (a) 

for persons residing in a community with respect to which 

the Administrator made a determination under subsection (a) 

if— 

(A) the Administrator determines that the community 

has not made adequate continuing progress; or 

(B) on the date that is 5 years after the date on 

which the reconstruction or construction of the improvement commences, the project has not been completed. 

(3) WAIVER.—A person whose eligibility would otherwise 

be terminated under paragraph (2)(B) shall continue to be 

eligible to purchase flood insurance coverage described in subsection (a) if the Administrator determines— 

(A) the community has made adequate continuing 

progress on the reconstruction or improvement of a flood 

protection system; and 

(B) there is a reasonable expectation that the 

reconstruction or improvement of the flood protection 

system will be completed not later than 1 year after the 

date of the determination under this paragraph. 

(4) RISK PREMIUM RATE.—If the Administrator terminates 

the eligibility of persons residing in a community to purchase 

flood insurance coverage described in subsection (a), the 

Administrator shall establish an appropriate risk premium rate 

for flood insurance coverage under the National Flood Insurance 

Program for persons residing in the community that purchased 

flood insurance coverage before the date on which the termination of eligibility takes effect, taking into consideration the 

then-current state of the flood protection system. 

(c) ADDITIONAL AUTHORITY.— (1) ADDITIONAL AUTHORITY.—Notwithstanding subsection 

(a), in exceptional and exigent circumstances, the Administrator 

Deadline. 

Deadline. 

Notification. 

Consultation. 


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may, in the Administrator’s sole discretion, determine that 

a person residing in a community, which is a participant in 

the National Flood Insurance Program, that has begun 

reconstruction or improvement of a flood protection system 

that will afford flood protection for a 100-year floodplain (without regard to the level of Federal funding of or participation 

in the reconstruction or improvement) shall be eligible for flood 

insurance coverage under the National Flood Insurance Program at a risk premium rate that does not exceed the risk 

premium rate that would be chargeable if the flood protection 

system had been completed, provided— 

(A) the community makes a written request for the 

determination setting forth the exceptional and exigent 

circumstances, including why the community cannot meet 

the criteria for adequate progress set forth in under subsection (a)(2)(A) and why immediate relief is necessary; 

(B) the Administrator submits a written report setting 

forth findings of the exceptional and exigent circumstances 

on which the Administrator based an affirmative determination to the Committee on Banking, Housing, and 

Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives not later 

than 15 days before making the determination; and 

(C) the eligibility for flood insurance coverage at a 

risk premium rate determined under this subsection terminates no later than 1 year after the date on which the 

Administrator makes the determination. 

(2) LIMITATION.—Upon termination of eligibility under 

paragraph (1)(C), a community may submit another request 

pursuant to paragraph (1)(A). The Administrator may make 

no more than two determinations under paragraph (1) with 

respect to persons residing within any single requesting community. 

(3) TERMINATION.—The authority provided under paragraphs (1) and (2) shall terminate two years after the enactment 

of this Act. 

SEC. 100231. STUDIES AND REPORTS. 

(a) REPORT ON IMPROVING THE NATIONAL FLOOD INSURANCE

PROGRAM.—Not later than 1 year after the date of enactment of 

this Act, the Comptroller General of the United States shall conduct 

a study and submit a report to the Committee on Banking, Housing, 

and Urban Affairs of the Senate and the Committee on Financial 

Services of the House of Representatives, on— 

(1) the number of flood insurance policy holders currently 

insuring— 

(A) a residential structure up to the maximum available coverage amount, as established in section 61.6 of 

title 44, Code of Federal Regulations, of— 

(i) $250,000 for the structure; and 

(ii) $100,000 for the contents of such structure; 

or 

(B) a commercial structure up to the maximum available coverage amount, as established in section 61.6 of 

title 44, Code of Federal Regulations, of $500,000; 

(2) the increased losses the National Flood Insurance Program would have sustained during the 2004 and 2005 hurricane 

Deadline. 

Reports. 

Deadline. 


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126 STAT. 950 PUBLIC LAW 112–141—JULY 6, 2012 

season if the National Flood Insurance Program had insured 

all policyholders up to the maximum conforming loan limit 

for fiscal year 2006 of $417,000, as established under section 

302(b)(2) of the Federal National Mortgage Association Charter 

Act (12 U.S.C. 1717(b)(2)); 

(3) the availability in the private marketplace of flood 

insurance coverage in amounts that exceed the current limits 

of coverage amounts established in section 61.6 of title 44, 

Code of Federal Regulations; and 

(4) what effect, if any— 

(A) raising the current limits of coverage amounts 

established in section 61.6 of title 44, Code of Federal 

Regulations, would have on the ability of private insurers 

to continue providing flood insurance coverage; and 

(B) reducing the current limits of coverage amounts 

established in section 61.6 of title 44, Code of Federal 

Regulations, would have on the ability of private insurers 

to provide sufficient flood insurance coverage to effectively 

replace the current level of flood insurance coverage being 

provided under the National Flood Insurance Program. 

(b) REPORT OF THE ADMINISTRATOR ON ACTIVITIES UNDER THE

NATIONAL FLOOD INSURANCE PROGRAM.— 

(1) IN GENERAL.—The Administrator shall, on an annual 

basis, submit a full report on the operations, activities, budget, 

receipts, and expenditures of the National Flood Insurance 

Program for the preceding 12-month period to the Committee 

on Banking, Housing, and Urban Affairs of the Senate and 

the Committee on Financial Services of the House of Representatives. 

(2) TIMING.—Each report required under paragraph (1) 

shall be submitted to the committees described in paragraph 

(1) not later than 3 months following the end of each fiscal 

year. 

(3) CONTENTS.—Each report required under paragraph (1) 

shall include— 

(A) the current financial condition and income statement of the National Flood Insurance Fund established 

under section 1310 of the National Flood Insurance Act 

of 1968 (42 U.S.C. 4017), including— 

(i) premiums paid into such Fund; 

(ii) policy claims against such Fund; and 

(iii) expenses in administering such Fund; 

(B) the number and face value of all policies issued 

under the National Flood Insurance Program that are in 

force; 

(C) a description and summary of the losses attributable to repetitive loss structures; 

(D) a description and summary of all losses incurred 

by the National Flood Insurance Program due to— 

(i) hurricane related damage; and 

(ii) nonhurricane related damage; 

(E) the amounts made available by the Administrator 

for mitigation assistance under section 1366(c)(4) of the 

National Flood Insurance Act of 1968 (42 U.S.C. 

4104c(c)(4)), as so redesignated by this Act, for the purchase 

of properties substantially damaged by flood for that fiscal 

year, and the actual number of flood damaged properties 

42 USC 4027a. 


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purchased and the total cost expended to purchase such 

properties; 

(F) the estimate of the Administrator as to the average 

historical loss year, and the basis for that estimate; 

(G) the estimate of the Administrator as to the maximum amount of claims that the National Flood Insurance 

Program would have to expend in the event of a catastrophic year; 

(H) the average— 

(i) amount of insurance carried per flood insurance 

policy; 

(ii) premium per flood insurance policy; and 

(iii) loss per flood insurance policy; and 

(I) the number of claims involving damages in excess 

of the maximum amount of flood insurance available under 

the National Flood Insurance Program and the sum of 

the amount of all damages in excess of such amount. 

(c) GAO STUDY ON PRE-FIRM STRUCTURES.—Not later than 

1 year after the date of enactment of this Act, the Comptroller 

General of the United States shall conduct a study and submit 

a report to the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Financial Services of the 

House of Representatives, on the— 

(1) composition of the remaining pre-FIRM structures that 

are explicitly receiving discounted premium rates under section 

1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 

4014), including the historical basis for the receipt of such 

subsidy and the extent to which pre-FIRM structures are currently owned by the same owners of the property at the time 

of the original National Flood Insurance Program rate map; 

(2) number and fair market value of such structures; 

(3) respective income level of the owners of such structures; 

(4) number of times each such structure has been sold 

since 1968, including specific dates, sales price, and any other 

information the Secretary determines appropriate; 

(5) total losses incurred by such structures since the 

establishment of the National Flood Insurance Program compared to the total losses incurred by all structures that are 

charged a nondiscounted premium rate; 

(6) total cost of foregone premiums since the establishment 

of the National Flood Insurance Program, as a result of the 

subsidies provided to such structures; 

(7) annual cost as a result of the subsidies provided to 

such structures; 

(8) the premium income collected and the losses incurred 

by the National Flood Insurance Program as a result of such 

explicitly subsidized structures compared to the premium 

income collected and the losses incurred by such Program as 

a result of structures that are charged a nondiscounted premium rate, on a State-by-State basis; and 

(9) the options for eliminating the subsidy to such structures. 

(d) GAO REVIEW OF FEMA CONTRACTORS.—The Comptroller 

General of the United States, in conjunction with the Office of 

the Inspector General of the Department of Homeland Security, 

shall— 

Deadline. 


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126 STAT. 952 PUBLIC LAW 112–141—JULY 6, 2012 

(1) conduct a review of the 3 largest contractors the 

Administrator uses in administering the National Flood Insurance Program; and 

(2) not later than 18 months after the date of enactment 

of this Act, submit a report on the findings of such review 

to the Administrator, the Committee on Banking, Housing, 

and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives. 

(e) STUDY AND REPORT ON GRADUATED RISK.— (1) STUDY.— (A) STUDY REQUIRED.—The Administrator shall enter 

into a contract under which the National Academy of 

Sciences shall conduct a study exploring methods for understanding graduated risk behind levees and the associated 

land development, insurance, and risk communication 

dimensions. 

(B) CONTENTS OF STUDY.—The study under this paragraph shall— 

(i) research, review, and recommend current best 

practices for estimating direct annualized flood losses 

behind levees for residential and commercial structures; 

(ii) rank each best practice recommended under 

clause (i) based on the best value, balancing cost, scientific integrity, and the inherent uncertainties associated with all aspects of the loss estimate, including 

geotechnical engineering, flood frequency estimates, 

economic value, and direct damages; 

(iii) research, review, and identify current best 

floodplain management and land use practices behind 

levees that effectively balance social, economic, and 

environmental considerations as part of an overall flood 

risk management strategy; 

(iv) identify areas in which the best floodplain 

management and land use practices described in clause 

(iii) have proven effective and recommend methods 

and processes by which such practices could be applied 

more broadly across the United States, given the 

variety of different flood risks, State and local legal 

frameworks, and evolving judicial opinions; 

(v) research, review, and identify a variety of flood 

insurance pricing options for flood hazards behind 

levees that are actuarially sound and based on the 

flood risk data developed using the 3 best practices 

recommended under clause (i) that have the best value 

as determined under clause (ii); 

(vi) evaluate and recommend methods to reduce 

insurance costs through creative arrangements 

between insureds and insurers while keeping a clear 

accounting of how much financial risk is being borne 

by various parties such that the entire risk is accounted 

for, including establishment of explicit limits on disaster aid or other assistance in the event of a flood; 

and 

(vii) taking into consideration the recommendations under clauses (i) through (iii), recommend 

approaches to communicate the associated risks to 

Contracts. 

Deadline. 

Reports. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 953 

community officials, homeowners, and other residents 

of communities. 

(2) REPORT.—The contract under paragraph (1)(A) shall 

provide that not later than 12 months after the date of enactment of this Act, the National Academy of Sciences shall submit 

to the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Financial Services and 

the Committee on Science, Space, and Technology of the House 

of Representatives a report on the study under paragraph (1) 

that includes the information and recommendations required 

under paragraph (1). 

SEC. 100232. REINSURANCE. 

(a) FEMA AND GAO REPORTS ON PRIVATIZATION.—Not later 

than 18 months after the date of enactment of this Act, the Administrator and the Comptroller General of the United States shall 

each— 

(1) conduct a separate study to assess a broad range of 

options, methods, and strategies for privatizing the National 

Flood Insurance Program; and 

(2) submit a report to the Committee on Financial Services 

of the House of Representatives and the Committee on Banking, 

Housing, and Urban Affairs of the Senate with recommendations for the best manner to accomplish the privatization 

described in paragraph (1). 

(b) PRIVATE RISK-MANAGEMENT INITIATIVES.—The Administrator may carry out such private risk-management initiatives as 

are otherwise authorized under applicable law, as the Administrator 

considers appropriate to determine the capacity of private insurers, 

reinsurers, and financial markets to assist communities, on a voluntary basis only, in managing the full range of financial risks 

associated with flooding. 

(c) REINSURANCE ASSESSMENT.— 

(1) PRIVATE MARKET PRICING ASSESSMENT.—Not later than 

12 months after the date of enactment of this Act, the Administrator shall submit to Congress a report that— 

(A) assesses the capacity of the private reinsurance, 

capital, and financial markets to assist communities, on 

a voluntary basis, in managing the full range of financial 

risks associated with flooding by requesting proposals to 

assume a portion of the insurance risk of the National 

Flood Insurance Program; 

(B) describes any responses to the request for proposals 

under subparagraph (A); 

(C) assesses whether the rates and terms contained 

in any proposals received by the Administrator are— 

(i) reasonable and appropriate; and 

(ii) in an amount sufficient to maintain the ability 

of the National Flood Insurance Program to pay claims; 

(D) describes the extent to which carrying out the 

proposals received by the Administrator would minimize 

the likelihood that the Administrator would use the borrowing authority under section 1309 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4016); 

(E) describes fluctuations in historical reinsurance 

rates; and 

Deadline. 

Reports. 

Study. 


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(F) includes an economic cost-benefit analysis of the 

impact on the National Flood Insurance Program if the 

Administrator were to exercise the authority under section 

1335(a)(2) of the National Flood Insurance Act of 1968 

(42 U.S.C. 4055(a)(2)), as added by this section, to secure 

reinsurance of coverage provided by the National Flood 

Insurance Program from the private market. 

(2) PROTOCOL FOR RELEASE OF DATA.—The Administrator 

shall develop a protocol, including adequate privacy protections, 

to provide for the release of data sufficient to conduct the 

assessment required under paragraph (1). 

(d) REINSURANCE.—The National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.) is amended— 

(1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), by inserting 

‘‘, including as reinsurance of coverage provided by the flood 

insurance program’’ before ‘‘, on such terms’’; 

(2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), by inserting 

‘‘or reinsurance’’ after ‘‘flood insurance coverage’’; 

(3) in section 1335(a) (42 U.S.C. 4055(a))— 

(A) by striking ‘‘The Director’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Administrator’’; and 

(B) by adding at the end the following: 

‘‘(2) PRIVATE REINSURANCE.—The Administrator is authorized to secure reinsurance of coverage provided by the flood 

insurance program from the private market at rates and on 

terms determined by the Administrator to be reasonable and 

appropriate, in an amount sufficient to maintain the ability 

of the program to pay claims.’’; 

(4) in section 1346(a) (42 U.S.C. 4082(a))— 

(A) in the matter preceding paragraph (1), by inserting 

after ‘‘for the purpose of’’ the following: ‘‘securing reinsurance of insurance coverage provided by the program or 

for the purpose of’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘estimating’’ and inserting ‘‘Estimating’’; and 

(ii) by striking the semicolon at the end and 

inserting a period; 

(C) in paragraph (2)— 

(i) by striking ‘‘receiving’’ and inserting 

‘‘Receiving’’; and 

(ii) by striking the semicolon at the end and 

inserting a period; 

(D) in paragraph (3)— 

(i) by striking ‘‘making’’ and inserting ‘‘Making’’; 

and 

(ii) by striking ‘‘ ‘; and’ ’’ and inserting a period; 

(E) by redesignating paragraph (4) as paragraph (5); 

(F) in paragraph (5), as so redesignated, by striking 

‘‘otherwise’’ and inserting ‘‘Otherwise’’; and 

(G) by inserting after paragraph (3) the following new 

paragraph: 

‘‘(4) Placing reinsurance coverage on insurance provided 

by such program.’’; and 

(5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), by striking 

‘‘include any’’ and all that follows and inserting the following: 


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‘‘include any organization or person that is authorized to engage 

in the business of insurance under the laws of any State, 

subject to the reporting requirements of the Securities 

Exchange Act of 1934 pursuant to section 13(a) or 15(d) of 

such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the 

Administrator to assume reinsurance on risks insured by the 

flood insurance program;’’. 

(e) ASSESSMENT OF CLAIMS-PAYING ABILITY.— (1) ASSESSMENT.— (A) ASSESSMENT REQUIRED.— (i) IN GENERAL.—Not later than September 30 of 

each year, the Administrator shall conduct an assessment of the ability of the National Flood Insurance 

Program to pay claims. 

(ii) PRIVATE MARKET REINSURANCE.—The assessment under this paragraph for any year in which the 

Administrator exercises the authority under section 

1335(a)(2) of the National Flood Insurance Act of 1968 

(42 U.S.C. 4055(a)(2)), as added by this section, to 

secure reinsurance of coverage provided by the 

National Flood Insurance Program from the private 

market shall include information relating the use of 

private sector reinsurance and reinsurance equivalents 

by the Administrator, whether or not the Administrator 

used the borrowing authority under section 1309 of 

the National Flood Insurance Act of 1968 (42 U.S.C. 

4016). 

(iii) FIRST ASSESSMENT.—The Administrator shall 

conduct the first assessment required under this paragraph not later than September 30, 2012. 

(B) CONSIDERATIONS.—In conducting an assessment 

under subparagraph (A), the Administrator shall take into 

consideration regional concentrations of coverage written 

by the National Flood Insurance Program, peak flood zones, 

and relevant mitigation measures. 

(2) ANNUAL REPORT OF THE ADMINISTRATOR OF ACTIVITIES

UNDER THE NATIONAL FLOOD INSURANCE PROGRAM.—The 

Administrator shall— 

(A) include the results of each assessment in the report 

required under section 100231(b); and 

(B) not later than 30 days after the date on which 

the Administrator completes an assessment required under 

paragraph (1), make the results of the assessment available 

to the public. 

SEC. 100233. GAO STUDY ON BUSINESS INTERRUPTION AND ADDITIONAL LIVING EXPENSES COVERAGES. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study concerning— 

(1) the availability of additional living expenses and business interruption coverage in the private marketplace for flood 

insurance; 

(2) the feasibility of allowing the National Flood Insurance 

Program to offer such coverage at the option of the consumer; 

(3) the estimated cost to consumers if the National Flood 

Insurance Program priced such optional coverage at true actuarial rates; 

Public 

information. 

Deadlines. 

42 USC 4027b. 


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126 STAT. 956 PUBLIC LAW 112–141—JULY 6, 2012 

(4) the impact such optional coverage would have on consumer participation in the National Flood Insurance Program; 

and 

(5) the fiscal impact such optional coverage would have 

upon the National Flood Insurance Fund if such optional coverage were included in the National Flood Insurance Program, 

as described in paragraph (2), at the price described in paragraph (3). 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Comptroller General shall submit to the Committee 

on Banking, Housing, and Urban Affairs of the Senate and the 

Committee on Financial Services of the House of Representatives 

a report containing the results of the study under subsection (a). 

SEC. 100234. POLICY DISCLOSURES. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

in addition to any other disclosures that may be required, each 

policy under the National Flood Insurance Program shall state 

all conditions, exclusions, and other limitations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font 

size that is twice the size of the text of the body of the policy. 

(b) VIOLATIONS.—The Administrator may impose a civil penalty 

of not more than $50,000 on any person that fails to comply with 

subsection (a). 

SEC. 100235. REPORT ON INCLUSION OF BUILDING CODES IN FLOODPLAIN MANAGEMENT CRITERIA. 

Not later than 6 months after the date of enactment of this 

Act, the Administrator of the Federal Emergency Management 

Agency shall conduct a study and submit a report to the Committee 

on Banking, Housing, and Urban Affairs of the Senate and the 

Committee on Financial Services of the House of Representatives 

regarding the impact, effectiveness, and feasibility of amending 

section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 

4102) to include widely used and nationally recognized building 

codes as part of the floodplain management criteria developed under 

such section, and shall determine— 

(1) the regulatory, financial, and economic impacts of such 

a building code requirement on homeowners, States and local 

communities, local land use policies, and the Federal Emergency Management Agency; 

(2) the resources required of State and local communities 

to administer and enforce such a building code requirement; 

(3) the effectiveness of such a building code requirement 

in reducing flood-related damage to buildings and contents; 

(4) the impact of such a building code requirement on 

the actuarial soundness of the National Flood Insurance Program; 

(5) the effectiveness of nationally recognized codes in 

allowing innovative materials and systems for flood-resistant 

construction; 

(6) the feasibility and effectiveness of providing an incentive 

in lower premium rates for flood insurance coverage under 

such Act for structures meeting whichever of such widely used 

and nationally recognized building codes or any applicable local 

building codes provides greater protection from flood damage; 

Determination. 

42 USC 4013a. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 957 

(7) the impact of such a building code requirement on 

rural communities with different building code challenges than 

urban communities; and 

(8) the impact of such a building code requirement on 

Indian reservations. 

SEC. 100236. STUDY OF PARTICIPATION AND AFFORDABILITY FOR CERTAIN POLICYHOLDERS. 

(a) FEMA STUDY.—The Administrator shall conduct a study 

of— 

(1) methods to encourage and maintain participation in 

the National Flood Insurance Program; 

(2) methods to educate consumers about the National Flood 

Insurance Program and the flood risk associated with their 

property; 

(3) methods for establishing an affordability framework 

for the National Flood Insurance Program, including methods 

to aid individuals to afford risk-based premiums under the 

National Flood Insurance Program through targeted assistance 

rather than generally subsidized rates, including means-tested 

vouchers; and 

(4) the implications for the National Flood Insurance Program and the Federal budget of using each such method. 

(b) NATIONAL ACADEMY OF SCIENCES ECONOMIC ANALYSIS.— To inform the Administrator in the conduct of the study under 

subsection (a), the Administrator shall enter into a contract under 

which the National Academy of Sciences, in consultation with the 

Comptroller General of the United States, shall conduct and submit 

to the Administrator an economic analysis of the costs and benefits 

to the Federal Government of a flood insurance program with 

full risk-based premiums, combined with means-tested Federal 

assistance to aid individuals who cannot afford coverage, through 

an insurance voucher program. The analysis shall compare the 

costs of a program of risk-based rates and means-tested assistance 

to the current system of subsidized flood insurance rates and federally funded disaster relief for people without coverage. 

(c) REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the Committee 

on Banking, Housing, and Urban Affairs of the Senate and the 

Committee on Financial Services of the House of Representatives 

a report that contains the results of the study and analysis under 

this section. 

(d) FUNDING.—Notwithstanding section 1310 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4017), there shall be available to the Administrator from the National Flood Insurance Fund, 

of amounts not otherwise obligated, not more than $750,000 to 

carry out this section. 

SEC. 100237. STUDY AND REPORT CONCERNING THE PARTICIPATION 

OF INDIAN TRIBES AND MEMBERS OF INDIAN TRIBES 

IN THE NATIONAL FLOOD INSURANCE PROGRAM. 

(a) DEFINITION.—In this section, the term ‘‘Indian tribe’’ has 

the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

(b) FINDINGS.—Congress finds that participation by Indian 

tribes in the National Flood Insurance Program is low. Only 45 

of 565 Indian tribes participate in the National Flood Insurance 

Program. 

Contracts. 


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126 STAT. 958 PUBLIC LAW 112–141—JULY 6, 2012 

(c) STUDY.—The Comptroller General of the United States, 

in coordination and consultation with Indian tribes and members 

of Indian tribes throughout the United States, shall carry out 

a study that examines— 

(1) the factors contributing to the current rates of participation by Indian tribes and members of Indian tribes in the 

National Flood Insurance Program; and 

(2) methods of encouraging participation by Indian tribes 

and members of Indian tribes in the National Flood Insurance 

Program. 

(d) REPORT.—Not later than 6 months after the date of enactment of this Act, the Comptroller General shall submit to Congress 

a report that— 

(1) contains the results of the study carried out under 

subsection (c); 

(2) describes the steps that the Administrator should take 

to increase awareness and encourage participation by Indian 

tribes and members of Indian tribes in the National Flood 

Insurance Program; and 

(3) identifies any legislative changes that would encourage 

participation by Indian tribes and members of Indian tribes 

in the National Flood Insurance Program. 

SEC. 100238. TECHNICAL CORRECTIONS. 

(a) FLOOD DISASTER PROTECTION ACT OF 1973.—The Flood 

Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) is 

amended— 

(1) by striking ‘‘Director’’ each place that term appears, 

except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and inserting 

‘‘Administrator’’; and 

(2) in section 201(b) (42 U.S.C. 4105(b)), by striking ‘‘Director’s’’ and inserting ‘‘Administrator’s’’. 

(b) NATIONAL FLOOD INSURANCE ACT OF 1968.—The National 

Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended— 

(1) by striking ‘‘Director’’ each place that term appears 

and inserting ‘‘Administrator’’; 

(2) in section 1363 (42 U.S.C. 4104), by striking ‘‘Director’s’’ 

each place that term appears and inserting ‘‘Administrator’s’’; 

and 

(3) in section 1370(a)(9) (42 U.S.C. 4121(a)(9)), by striking 

‘‘the Office of Thrift Supervision,’’. 

(c) FEDERAL FLOOD INSURANCE ACT OF 1956.—Section 15(e) 

of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)) 

is amended by striking ‘‘Director’’ each place that term appears 

and inserting ‘‘Administrator’’. 

SEC. 100239. USE OF PRIVATE INSURANCE TO SATISFY MANDATORY 

PURCHASE REQUIREMENT. 

(a) AMENDMENTS.—Section 102(b) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)) is amended— 

(1) in paragraph (1)— 

(A) by striking the period at the end and inserting 

‘‘; and’’; 

(B) by striking ‘‘lending institutions not to make’’ and 

inserting ‘‘lending institutions— 

‘‘(A) not to make’’; and 

(C) by adding at the end the following: 

42 USC 4011 

et seq. 

42 USC 4003 

et seq. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 959 

‘‘(B) to accept private flood insurance as satisfaction 

of the flood insurance coverage requirement under subparagraph (A) if the coverage provided by such private flood 

insurance meets the requirements for coverage under such 

subparagraph.’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘paragraph (1)’’ each place that term 

appears and inserting ‘‘paragraph (1)(A)’’; and 

(B) by inserting after the first sentence the following: 

‘‘Each Federal agency lender shall accept private flood 

insurance as satisfaction of the flood insurance coverage 

requirement under the preceding sentence if the flood 

insurance coverage provided by such private flood insurance meets the requirements for coverage under such sentence.’’; 

(3) in paragraph (3), in the matter following subparagraph 

(B), by striking ‘‘paragraph (1).’’ and inserting ‘‘paragraph 

(1)(A). The Federal National Mortgage Association and the 

Federal Home Loan Mortgage Corporation shall accept private 

flood insurance as satisfaction of the flood insurance coverage 

requirement under paragraph (1)(A) if the flood insurance coverage provided by such private flood insurance meets the 

requirements for coverage under such paragraph and any 

requirements established by the Federal National Mortgage 

Association or the Federal Home Loan Mortgage Corporation, 

respectively, relating to the financial solvency, strength, or 

claims-paying ability of private insurance companies from 

which the Federal National Mortgage Association or the Federal 

Home Loan Mortgage Corporation will accept private flood 

insurance.’’; and 

(4) by adding at the end the following: 

‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to supersede or limit the authority of a 

Federal entity for lending regulation, the Federal Housing 

Finance Agency, a Federal agency lender, the Federal National 

Mortgage Association, or the Federal Home Loan Mortgage 

Corporation to establish requirements relating to the financial 

solvency, strength, or claims-paying ability of private insurance 

companies from which the entity or agency will accept private 

flood insurance. 

‘‘(6) NOTICE.— 

‘‘(A) IN GENERAL.—Each lender shall disclose to a borrower that is subject to this subsection that— 

‘‘(i) flood insurance is available from private insurance companies that issue standard flood insurance 

policies on behalf of the national flood insurance program or directly from the national flood insurance 

program; 

‘‘(ii) flood insurance that provides the same level 

of coverage as a standard flood insurance policy under 

the national flood insurance program may be available 

from a private insurance company that issues policies 

on behalf of the company; and 

‘‘(iii) the borrower is encouraged to compare the 

flood insurance coverage, deductibles, exclusions, conditions and premiums associated with flood insurance 

policies issued on behalf of the national flood insurance 


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126 STAT. 960 PUBLIC LAW 112–141—JULY 6, 2012 

program and policies issued on behalf of private insurance companies and to direct inquiries regarding the 

availability, cost, and comparisons of flood insurance 

coverage to an insurance agent. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed as affecting or otherwise limiting 

the authority of a Federal entity for lending regulation 

to approve any disclosure made by a regulated lending 

institution for purposes of complying with subparagraph 

(A). 

‘‘(7) PRIVATE FLOOD INSURANCE DEFINED.—In this subsection, the term ‘private flood insurance’ means an insurance 

policy that— 

‘‘(A) is issued by an insurance company that is— 

‘‘(i) licensed, admitted, or otherwise approved to 

engage in the business of insurance in the State or 

jurisdiction in which the insured building is located, 

by the insurance regulator of that State or jurisdiction; 

or 

‘‘(ii) in the case of a policy of difference in conditions, multiple peril, all risk, or other blanket coverage 

insuring nonresidential commercial property, is recognized, or not disapproved, as a surplus lines insurer 

by the insurance regulator of the State or jurisdiction 

where the property to be insured is located; 

‘‘(B) provides flood insurance coverage which is at least 

as broad as the coverage provided under a standard flood 

insurance policy under the national flood insurance program, including when considering deductibles, exclusions, 

and conditions offered by the insurer; 

‘‘(C) includes— 

‘‘(i) a requirement for the insurer to give 45 days’ 

written notice of cancellation or non-renewal of flood 

insurance coverage to— 

‘‘(I) the insured; and 

‘‘(II) the regulated lending institution or Federal agency lender; 

‘‘(ii) information about the availability of flood 

insurance coverage under the national flood insurance 

program; 

‘‘(iii) a mortgage interest clause similar to the 

clause contained in a standard flood insurance policy 

under the national flood insurance program; and 

‘‘(iv) a provision requiring an insured to file suit 

not later than 1 year after date of a written denial 

of all or part of a claim under the policy; and 

‘‘(D) contains cancellation provisions that are as restrictive as the provisions contained in a standard flood insurance policy under the national flood insurance program.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 

1364(a)(3)(C) of the National Flood Insurance Act of 1968 (42 U.S.C. 

4104a(a)(3)(C)) is amended by inserting after ‘‘private insurers’’ 

the following: ‘‘, as required under section 102(b)(6) of the Flood 

Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))’’. 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 961 

SEC. 100240. LEVEES CONSTRUCTED ON CERTAIN PROPERTIES. 

(a) DEFINITION.—In this section, the term ‘‘covered hazard mitigation land’’ means land that— 

(1) was acquired and deed restricted under section 1366 

of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 

during the period beginning on January 1, 1999, and ending 

December 31, 2011; 

(2) is located at— 

(A) 1029 Oak Street, Fargo, North Dakota; 

(B) 27 South Terrace, Fargo, North Dakota; 

(C) 1033 Oak Street, Fargo, North Dakota; 

(D) 308 Schnell Drive, Oxbow, North Dakota; or 

(E) 306 Schnell Drive, Oxbow, North Dakota; and 

(3) is located in a community that— 

(A) is participating in the National Flood Insurance 

Program on the date on which a State, local, or tribal 

government submits an application requesting to construct 

a permanent flood risk reduction levee under subsection 

(b); and 

(B) certifies to the Administrator and the Chief of 

Engineers that the community will continue to participate 

in the National Flood Insurance Program. 

(b) AUTHORITY.—Notwithstanding any other prohibition on 

construction on property acquired with funding from the Federal 

Emergency Management Agency for conversion to open space purposes, the Administrator shall allow the construction of a permanent 

flood risk reduction levee by a State, local, or tribal government 

on covered hazard mitigation land if— 

(1) the Administrator and the Chief of Engineers make 

a determination that— 

(A) construction of the proposed permanent flood risk 

reduction levee would more effectively mitigate against 

flooding risk than an open floodplain or other flood risk 

reduction measures; 

(B) the proposed permanent flood risk reduction levee 

complies with Federal, State, and local requirements, 

including mitigation of adverse impacts and implementation of floodplain management requirements, which shall 

include an evaluation of whether the construction, operation, and maintenance of the proposed levee— 

(i) would continue to meet best available industry 

standards and practices; 

(ii) would be the most cost-effective measure to 

protect against the assessed flood risk; and 

(iii) minimizes future costs to the Federal Government; 

(C) the State, local, or tribal government seeking to 

construct the proposed permanent flood risk reduction levee 

has provided an adequate maintenance plan that documents the procedures the State, local, or tribal government 

will use to ensure that the stability, height, and overall 

integrity of the proposed levee and the structure and systems of the proposed levee are maintained, including— 

(i) specifying the maintenance activities to be performed; 

(ii) specifying the frequency with which maintenance activities will be performed; 

Determination. 

Certification. 


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126 STAT. 962 PUBLIC LAW 112–141—JULY 6, 2012 

(iii) specifying the person responsible for performing each maintenance activity (by name or title); 

(iv) detailing the plan for financing the maintenance of the levee; and 

(v) documenting the ability of the State, local, or 

tribal government to finance the maintenance of the 

levee; and 

(2) before the commencement of construction, the State, 

local, or tribal government provides to the Administrator an 

amount— 

(A) equal to the Federal share of all project costs 

previously provided by the Administrator under the 

applicable program for each deed restricted parcel of the 

covered hazard mitigation land, which the Administrator 

shall deposit in the National Flood Insurance Fund; and 

(B) that does not include any Federal funds. 

(c) MAINTENANCE CERTIFICATION.— 

(1) IN GENERAL.—A State, local, or tribal government that 

constructs a permanent flood risk reduction levee under subsection (b) shall submit to the Administrator and the Chief 

of Engineers an annual certification indicating whether the 

State, local, or tribal government is in compliance with the 

maintenance plan provided under subsection (b)(1)(C). 

(2) REVIEW.—The Chief of Engineers shall review each 

certification submitted under paragraph (1) and determine 

whether the State, local, or tribal government has complied 

with the maintenance plan. 

SEC. 100241. INSURANCE COVERAGE FOR PRIVATE PROPERTIES 

AFFECTED BY FLOODING FROM FEDERAL LANDS. 

Section 1306(c)(2) of the National Flood Insurance Act of 1968 

(42 U.S.C. 4013(c)(2)) is amended— 

(1) in subparagraph (A), by striking ‘‘or’’ at the end; 

(2) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(C) the initial purchase of flood insurance coverage 

for private property if— 

‘‘(i) the Administrator determines that the property 

is affected by flooding on Federal land that is a result 

of, or is exacerbated by, post-wildfire conditions, after 

consultation with an authorized employee of the Federal agency that has jurisdiction of the land on which 

the wildfire that caused the post-wildfire conditions 

occurred; and 

‘‘(ii) the flood insurance coverage was purchased 

not later than 60 days after the fire containment date, 

as determined by the appropriate Federal employee, 

relating to the wildfire that caused the post-wildfire 

conditions described in clause (i).’’. 

SEC. 100242. PERMISSIBLE LAND USE UNDER FEDERAL FLOOD INSURANCE PLAN. 

Chapter I of the National Flood Insurance Act of 1968 (42 

U.S.C. 4011 et seq.) is amended by adding at the end the following: 

Deadline. 

Determination. 

Determination. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 963 

‘‘SEC. 1325. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE 

OF HURRICANE SEASON. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

including the adequate land use and control measures developed 

pursuant to section 1361 and applicable to non-one- and two-family 

structures located within coastal areas, as identified by the Administrator, the following may be permitted: 

‘‘(1) Nonsupporting breakaway walls in the space below 

the lowest elevated floor of a building, if the space is used 

solely for a swimming pool between November 30 and June 

1 of any year, in an area designated as Zone V on a flood 

insurance rate map. 

‘‘(2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a 

swimming pool between November 30 and June 1 of any year, 

in an area designated as Zone A on a flood insurance rate 

map. 

‘‘(b) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall 

be construed to alter the terms and conditions of eligibility and 

insurability of coverage for a building under the standard flood 

insurance policy under the national flood insurance program.’’. 

SEC. 100243. CDBG ELIGIBILITY FOR FLOOD INSURANCE OUTREACH 

ACTIVITIES AND COMMUNITY BUILDING CODE 

ADMINISTRATION GRANTS. 

(a) AMENDMENTS.—Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended— 

(1) by redesignating paragraph (25) as paragraph (26); 

(2) by redesignating the second paragraph designated as 

paragraph (24) (relating to tornado-safe shelters) as paragraph 

(25); 

(3) in paragraph (24) (relating to homeownership among 

persons with low and moderate income), by striking ‘‘and’’ at 

the end; 

(4) in paragraph (25), as so redesignated, by striking ‘‘and’’ 

at the end; 

(5) in paragraph (26), as so redesignated, by striking the 

period at the end and inserting a semicolon; and 

(6) by adding at the end the following new paragraphs: 

‘‘(27) supplementing existing State or local funding for 

administration of building code enforcement by local building 

code enforcement departments, including for increasing staffing, 

providing staff training, increasing staff competence and professional qualifications, and supporting individual certification or 

departmental accreditation, and for capital expenditures specifically dedicated to the administration of the building code 

enforcement department, except that, to be eligible to use 

amounts as provided in this paragraph— 

‘‘(A) a building code enforcement department shall provide matching, non-Federal funds to be used in conjunction 

with amounts used under this paragraph in an amount— 

‘‘(i) in the case of a building code enforcement 

department serving an area with a population of more 

than 50,000, equal to not less than 50 percent of the 

total amount of any funds made available under this 

title that are used under this paragraph; 

Waiver authority. 

Time period. 

42 USC 4032. 


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126 STAT. 964 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(ii) in the case of a building code enforcement 

department serving an area with a population of 

between 20,001 and 50,000, equal to not less than 

25 percent of the total amount of any funds made 

available under this title that are used under this 

paragraph; and 

‘‘(iii) in the case of a building code enforcement 

department serving an area with a population of less 

than 20,000, equal to not less than 12.5 percent of 

the total amount of any funds made available under 

this title that are used under this paragraph, 

except that the Secretary may waive the matching fund 

requirements under this subparagraph, in whole or in part, 

based upon the level of economic distress of the jurisdiction 

in which is located the local building code enforcement 

department that is using amounts for purposes under this 

paragraph, and shall waive such matching fund requirements in whole for any recipient jurisdiction that has dedicated all building code permitting fees to the conduct of 

local building code enforcement; and 

‘‘(B) any building code enforcement department using 

funds made available under this title for purposes under 

this paragraph shall empanel a code administration and 

enforcement team consisting of at least 1 full-time building 

code enforcement officer, a city planner, and a health 

planner or similar officer; and 

‘‘(28) provision of assistance to local governmental agencies 

responsible for floodplain management activities (including 

such agencies of Indians tribes, as such term is defined in 

section 4 of the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4103)) in communities 

that participate in the national flood insurance program under 

the National Flood Insurance Act of 1968 (42 U.S.C. 4001 

et seq.), only for carrying out outreach activities to encourage 

and facilitate the purchase of flood insurance protection under 

such Act by owners and renters of properties in such communities and to promote educational activities that increase awareness of flood risk reduction; except that— 

‘‘(A) amounts used as provided under this paragraph 

shall be used only for activities designed to— 

‘‘(i) identify owners and renters of properties in 

communities that participate in the national flood 

insurance program, including owners of residential and 

commercial properties; 

‘‘(ii) notify such owners and renters when their 

properties become included in, or when they are 

excluded from, an area having special flood hazards 

and the effect of such inclusion or exclusion on the 

applicability of the mandatory flood insurance purchase 

requirement under section 102 of the Flood Disaster 

Protection Act of 1973 (42 U.S.C. 4012a) to such properties; 

‘‘(iii) educate such owners and renters regarding 

the flood risk and reduction of this risk in their community, including the continued flood risks to areas that 

are no longer subject to the flood insurance mandatory 

purchase requirement; 

Notification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 965 

‘‘(iv) educate such owners and renters regarding 

the benefits and costs of maintaining or acquiring flood 

insurance, including, where applicable, lower-cost preferred risk policies under this title for such properties 

and the contents of such properties; 

‘‘(v) encourage such owners and renters to maintain or acquire such coverage; 

‘‘(vi) notify such owners of where to obtain information regarding how to obtain such coverage, including 

a telephone number, mailing address, and Internet 

site of the Administrator of the Federal Emergency 

Management Agency (in this paragraph referred to 

as the ‘Administrator’) where such information is available; and 

‘‘(vii) educate local real estate agents in communities participating in the national flood insurance program regarding the program and the availability of 

coverage under the program for owners and renters 

of properties in such communities, and establish 

coordination and liaisons with such real estate agents 

to facilitate purchase of coverage under the National 

Flood Insurance Act of 1968 and increase awareness 

of flood risk reduction; 

‘‘(B) in any fiscal year, a local governmental agency 

may not use an amount under this paragraph that exceeds 

3 times the amount that the agency certifies, as the Secretary, in consultation with the Administrator, shall 

require, that the agency will contribute from non-Federal 

funds to be used with such amounts used under this paragraph only for carrying out activities described in subparagraph (A); and for purposes of this subparagraph, the term 

‘non-Federal funds’ includes State or local government 

agency amounts, in-kind contributions, any salary paid 

to staff to carry out the eligible activities of the local 

governmental agency involved, the value of the time and 

services contributed by volunteers to carry out such services 

(at a rate determined by the Secretary), and the value 

of any donated material or building and the value of any 

lease on a building; 

‘‘(C) a local governmental agency that uses amounts 

as provided under this paragraph may coordinate or contract with other agencies and entities having particular 

capacities, specialties, or experience with respect to certain 

populations or constituencies, including elderly or disabled 

families or persons, to carry out activities described in 

subparagraph (A) with respect to such populations or 

constituencies; and 

‘‘(D) each local government agency that uses amounts 

as provided under this paragraph shall submit a report 

to the Secretary and the Administrator, not later than 

12 months after such amounts are first received, which 

shall include such information as the Secretary and the 

Administrator jointly consider appropriate to describe the 

activities conducted using such amounts and the effect 

of such activities on the retention or acquisition of flood 

insurance coverage.’’. 

Reports. 

Deadline. 

Notification. 


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126 STAT. 966 PUBLIC LAW 112–141—JULY 6, 2012 

(b) SUNSET.—Effective on the date that is 2 years after the 

date of enactment of this Act, section 105(a) of the Housing and 

Community Development Act of 1974 (42 U.S.C. 5305(a)) is 

amended— 

(1) in paragraph (25), as so redesignated by subsection 

(a) of this subsection, by adding ‘‘and’’ at the end; 

(2) in paragraph (26), as so redesignated by subsection 

(a) of this subsection, by striking the semicolon at the end 

and inserting a period; and 

(3) by striking paragraphs (27) and (28), as added by subsection (a) of this subsection. 

SEC. 100244. TERMINATION OF FORCE-PLACED INSURANCE. 

(a) IN GENERAL.—Section 102(e) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(e)) is amended— 

(1) in paragraph (2), by striking ‘‘purchasing the insurance’’ 

and inserting ‘‘purchasing the insurance, including premiums 

or fees incurred for coverage beginning on the date on which 

flood insurance coverage lapsed or did not provide a sufficient 

coverage amount’’; 

(2) by redesignating paragraphs (3) and (4) as paragraphs 

(5) and (6), respectively; and 

(3) by inserting after paragraph (2) the following new paragraphs: 

‘‘(3) TERMINATION OF FORCE-PLACED INSURANCE.—Within 

30 days of receipt by the lender or servicer of a confirmation 

of a borrower’s existing flood insurance coverage, the lender 

or servicer shall— 

‘‘(A) terminate any insurance purchased by the lender 

or servicer under paragraph (2); and 

‘‘(B) refund to the borrower all premiums paid by the 

borrower for any insurance purchased by the lender or 

servicer under paragraph (2) during any period during 

which the borrower’s flood insurance coverage and the 

insurance coverage purchased by the lender or servicer 

were each in effect, and any related fees charged to the 

borrower with respect to the insurance purchased by the 

lender or servicer during such period. 

‘‘(4) SUFFICIENCY OF DEMONSTRATION.—For purposes of confirming a borrower’s existing flood insurance coverage, a lender 

or servicer for a loan shall accept from the borrower an insurance policy declarations page that includes the existing flood 

insurance policy number and the identity of, and contact 

information for, the insurance company or agent.’’. 

SEC. 100245. FEMA AUTHORITY ON TRANSFER OF POLICIES. 

Section 1345 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4081) is amended by adding at the end the following new 

subsection: 

‘‘(d) FEMA AUTHORITY ON TRANSFER OF POLICIES.—Notwithstanding any other provision of this title, the Administrator may, 

at the discretion of the Administrator, refuse to accept the transfer 

of the administration of policies for coverage under the flood insurance program under this title that are written and administered 

by any insurance company or other insurer, or any insurance agent 

or broker.’’. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 967 

SEC. 100246. REIMBURSEMENT OF CERTAIN EXPENSES. 

Section 1363 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4104) is amended by striking subsection (f) and inserting 

the following: 

‘‘(f) REIMBURSEMENT OF CERTAIN EXPENSES.—When, incident 

to any appeal under subsection (b) or (c) of this section, the owner 

or lessee of real property or the community, as the case may 

be, incurs expense in connection with the services of surveyors, 

engineers, or similar services, but not including legal services, in 

the effecting of an appeal based on a scientific or technical error 

on the part of the Federal Emergency Management Agency, which 

is successful in whole or part, the Administrator shall reimburse 

such individual or community to an extent measured by the ratio 

of the successful portion of the appeal as compared to the entire 

appeal and applying such ratio to the reasonable value of all such 

services, but no reimbursement shall be made by the Administrator 

in respect to any fee or expense payment, the payment of which 

was agreed to be contingent upon the result of the appeal. The 

amounts available for implementing this subsection shall not exceed 

$250,000. The Administrator shall promulgate regulations to carry 

out this subsection.’’. 

SEC. 100247. FIO STUDY ON RISKS, HAZARDS, AND INSURANCE. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director of the Federal Insurance Office 

shall conduct a study and submit to the Committee on Banking, 

Housing, and Urban Affairs of the Senate and the Committee 

on Financial Services of the House of Representatives a report 

providing an assessment of the current state of the market for 

natural catastrophe insurance in the United States. 

(b) FACTORS.—The study and report required under subsection 

(a) shall assess— 

(1) the current condition of, as well as the outlook for, 

the availability and affordability of insurance for natural catastrophe perils in all regions of the United States; 

(2) the current ability of States, communities, and individuals to mitigate their natural catastrophe risks, including the 

affordability and feasibility of such mitigation activities; 

(3) the current state of catastrophic insurance and reinsurance markets and the current approaches in providing insurance protection to different sectors of the population of the 

United States; 

(4) the current financial condition of State residual markets 

and catastrophe funds in high-risk regions, including the likelihood of insolvency following a natural catastrophe, the concentration of risks within such funds, the reliance on postevent assessments and State funding, and the adequacy of 

rates; and 

(5) the current role of the Federal Government and State 

and local governments in providing incentives for feasible risk 

mitigation efforts and the cost of providing post-natural catastrophe aid in the absence of insurance. 

(c) ADDITIONAL FACTORS.—The study and report required under 

subsection (a) shall also contain an assessment of current 

approaches to insuring natural catastrophe risks in the United 

States and such other information as the Director of the Federal 

Insurance Office determines necessary or appropriate. 

Deadline. 

Reports. 

Regulations. 


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126 STAT. 968 PUBLIC LAW 112–141—JULY 6, 2012 

(d) CONSULTATION.—In carrying out the study and report under 

subsection (a), the Director of the Federal Insurance Office shall 

consult with the National Academy of Sciences, State insurance 

regulators, consumer organizations, representatives of the insurance 

and reinsurance industry, policyholders, and other organizations 

and experts, as appropriate. 

SEC. 100248. FLOOD PROTECTION IMPROVEMENTS CONSTRUCTED ON 

CERTAIN PROPERTIES. 

(a) DEFINITION.—In this section, the term ‘‘covered hazard mitigation land’’ means land that— 

(1) was acquired and deed restricted under section 1366 

of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 

during the period beginning on March 1, 2008, and ending 

on December 31, 2008; 

(2) is located at— 

(A) 809 East Main Cross Street, Findlay, Ohio, 45840; 

(B) 801 East Main Cross Street, Findlay, Ohio, 45840; 

(C) 725 East Main Cross Street, Findlay, Ohio, 45840; 

or 

(D) 631 East Main Cross Street, Findlay, Ohio, 45840; 

and 

(3) is located in a community that— 

(A) is participating in the National Flood Insurance 

Program on the date on which a State, local, or tribal 

government submits an application requesting to construct 

a flood protection improvement under subsection (b); and 

(B) certifies to the Administrator and the Chief of 

Engineers that the community will continue to participate 

in the National Flood Insurance Program. 

(b) AUTHORITY.—Notwithstanding any other prohibition on 

construction on property acquired with funding from the Federal 

Emergency Management Agency for conversion to open space purposes, the Administrator shall allow the construction of a flood 

protection improvement by a State, local, or tribal government 

on covered hazard mitigation land if— 

(1) the Administrator and the Chief of Engineers make 

a determination that— 

(A) construction of the proposed flood protection 

improvement would more effectively mitigate against 

flooding risk than an open floodplain or other flood risk 

reduction measures; 

(B) the proposed flood protection improvement complies 

with Federal, State, and local requirements, including mitigation of adverse impacts and implementation of floodplain 

management requirements, which shall include an evaluation of whether the construction, operation, and maintenance of the proposed flood protection improvement— 

(i) would continue to meet best available industry 

standards and practices; 

(ii) would be the most cost-effective measure to 

protect against the assessed flood risk; and 

(iii) minimizes future costs to the Federal Government; 

(C) the State, local, or tribal government seeking to 

construct the flood protection improvement has provided 

Determination. 

Certification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 969 

an adequate maintenance plan that documents the procedures the State, local, or tribal government will use to 

ensure that the stability, height, and overall integrity of 

the proposed flood protection improvement and the structure and systems of the proposed flood protection improvement are maintained, including— 

(i) specifying the maintenance activities to be performed; 

(ii) specifying the frequency with which maintenance activities will be performed; 

(iii) specifying the person responsible for performing each maintenance activity (by name or title); 

(iv) detailing the plan for financing the maintenance of the flood protection improvement; and 

(v) documenting the ability of the State, local, or 

tribal government to finance the maintenance of the 

flood protection improvement; and 

(2) before the commencement of construction, the State, 

local, or tribal government provides to the Administrator an 

amount— 

(A) equal to the Federal share of all project costs 

previously provided by the Administrator under the 

applicable program for each deed restricted parcel of the 

covered hazard mitigation land, which the Administrator 

shall deposit in the National Flood Insurance Fund; and 

(B) that does not include any Federal funds. 

(c) MAINTENANCE CERTIFICATION.— (1) IN GENERAL.—A State, local, or tribal government that 

constructs a flood protection improvement under subsection 

(b) shall submit to the Administrator and the Chief of Engineers 

an annual certification indicating whether the State, local, or 

tribal government is in compliance with the maintenance plan 

provided under subsection (b)(1)(C). 

(2) REVIEW.—The Chief of Engineers shall review each 

certification submitted under paragraph (1) and determine 

whether the State, local, or tribal government has complied 

with the maintenance plan. 

SEC. 100249. NO CAUSE OF ACTION. 

No cause of action shall exist and no claim may be brought 

against the United States for violation of any notification requirement imposed upon the United States by this subtitle or any amendment made by this subtitle. 

Subtitle B—Alternative Loss Allocation 

SEC. 100251. SHORT TITLE. 

This subtitle may be cited as the ‘‘Consumer Option for an 

Alternative System to Allocate Losses Act of 2012’’ or the 

‘‘COASTAL Act of 2012’’. 

SEC. 100252. ASSESSING AND MODELING NAMED STORMS OVER 

COASTAL STATES. 

Subtitle C of title XII of the Omnibus Public Land Management 

Act of 2009 (33 U.S.C. 3601 et seq.) (also known as the ‘‘Integrated 

Coastal and Ocean Observation System Act of 2009’’) is amended 

by adding at the end the following: 

Consumer Option 

for an 

Alternative 

System to 

Allocate Losses 

Act of 2012. 

42 USC 4001 

note. 

42 USC 4130. 

Determination. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 970 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘SEC. 12312. ASSESSING AND MODELING NAMED STORMS OVER 

COASTAL STATES. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COASTAL FORMULA.—The term ‘COASTAL Formula’ 

has the meaning given the term in section 1337(a) of the 

National Flood Insurance Act of 1968. 

‘‘(2) COASTAL STATE.—The term ‘coastal State’ has the 

meaning given the term ‘coastal state’ in section 304 of the 

Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 

‘‘(3) COASTAL WATERS.—The term ‘coastal waters’ has the 

meaning given the term in such section. 

‘‘(4) COVERED DATA.—The term ‘covered data’ means, with 

respect to a named storm identified by the Administrator under 

subsection (b)(2)(A), empirical data that are— 

‘‘(A) collected before, during, or after such storm; and 

‘‘(B) necessary to determine magnitude and timing of 

wind speeds, rainfall, the barometric pressure, river flows, 

the extent, height, and timing of storm surge, topographic 

and bathymetric data, and other measures required to 

accurately model and assess damage from such storm. 

‘‘(5) INDETERMINATE LOSS.—The term ‘indeterminate loss’ 

has the meaning given the term in section 1337(a) of the 

National Flood Insurance Act of 1968. 

‘‘(6) NAMED STORM.—The term ‘named storm’ means any 

organized weather system with a defined surface circulation 

and maximum winds of at least 39 miles per hour which 

the National Hurricane Center of the United States National 

Weather Service names as a tropical storm or a hurricane. 

‘‘(7) NAMED STORM EVENT MODEL.—The term ‘Named Storm 

Event Model’ means the official meteorological and oceanographic computerized model, developed by the Administrator 

under subsection (b)(1)(A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds, 

rainfall, and storm surges associated with named storms that 

threaten any portion of a coastal State. 

‘‘(8) PARTICIPANT.—The term ‘participant’ means a Federal, 

State, or private entity that chooses to cooperate with the 

Administrator in carrying out the provisions of this section 

by collecting, contributing, and maintaining covered data. 

‘‘(9) POST-STORM ASSESSMENT.—The term ‘post-storm 

assessment’ means a scientific assessment produced and certified by the Administrator to determine the magnitude, timing, 

and spatial variations of winds, rainfall, and storm surges 

associated with a specific named storm to be used in the 

COASTAL Formula. 

‘‘(10) STATE.—The term ‘State’ means a State of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, and any other territory or possession of the United States. 

‘‘(b) NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENT.— 

‘‘(1) ESTABLISHMENT OF NAMED STORM EVENT MODEL.— 

‘‘(A) IN GENERAL.—Not later than 540 days after the 

date of the enactment of the Consumer Option for an 

Alternative System to Allocate Losses Act of 2012, the 

Administrator shall develop by regulation the Named 

Storm Event Model. 

Deadline. 

Regulations. 

33 USC 3611. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 971 

‘‘(B) ACCURACY.—The Named Storm Event Model shall 

be designed to generate post-storm assessments, as provided in paragraph (2), that have a degree of accuracy 

of not less than 90 percent for every indeterminate loss 

for which a post-storm assessment is utilized. 

‘‘(2) POST-STORM ASSESSMENT.— ‘‘(A) IDENTIFICATION OF NAMED STORMS THREATENING

COASTAL STATES.—After the establishment of the COASTAL 

Formula, the Administrator shall, in consultation with the 

Secretary of Homeland Security, identify named storms 

that may reasonably constitute a threat to any portion 

of a coastal State. 

‘‘(B) POST-STORM ASSESSMENT REQUIRED.—Upon identification of a named storm under subparagraph (A), the 

Administrator shall develop a post-storm assessment for 

such named storm using the Named Storm Event Model 

and covered data collected for such named storm pursuant 

to the protocol established under subsection (c)(1). 

‘‘(C) SUBMITTAL OF POST-STORM ASSESSMENT.—Not 

later than 90 days after an identification of a named storm 

is made under subparagraph (A), the Administrator shall 

submit to the Secretary of Homeland Security the poststorm assessment developed for such storm under subparagraph (B). 

‘‘(3) ACCURACY.—The Administrator shall ensure, to the 

greatest extent practicable, that each post-storm assessment 

developed under paragraph (2) has a degree of accuracy of 

not less than 90 percent. 

‘‘(4) CERTIFICATION.—For each post-storm assessment carried out under paragraph (2), the Administrator shall— 

‘‘(A) certify the degree of accuracy for such assessment, 

including specific reference to any segments or geographic 

areas for which the assessment is less than 90 percent 

accurate; and 

‘‘(B) report such certification to the Secretary of Homeland Security for the purposes of use with indeterminate 

loss claims under section 1337 of the National Flood Insurance Act of 1968. 

‘‘(5) FINALITY OF DETERMINATIONS.—A certification of the 

degree of accuracy of a post-storm assessment under this subsection by the Administrator shall be final and shall not be 

subject to judicial review. 

‘‘(6) AVAILABILITY.—The Administrator shall make available to the public the Named Storm Event Model and any 

post-storm assessment developed under this subsection. 

‘‘(c) ESTABLISHMENT OF A PROTOCOL FOR POST-STORM ASSESSMENT.— 

‘‘(1) IN GENERAL.—Not later than 540 days after the date 

of the enactment of the Consumer Option for an Alternative 

System to Allocate Losses Act of 2012, the Administrator shall 

establish a protocol, based on the plan submitted under subsection (d)(3), to collect and assemble all covered data required 

by the Administrator to produce post-storm assessments 

required by subsection (b), including assembling data collected 

by participants and stored in the database established under 

subsection (f) and from such other sources as the Administrator 

considers appropriate. 

Deadline. 

Public 

information. 

Reports. 

Deadline. 


wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
126 STAT. 972 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(2) ACQUISITION OF SENSORS AND STRUCTURES.—If the 

Administrator is unable to use a public or private asset to 

obtain covered data as part of the protocol established under 

paragraph (1), the Administrator may acquire such sensors 

and structures for the placement of sensors as may be necessary 

to obtain such data. 

‘‘(3) USE OF FEDERAL ASSETS.—If the protocol requires 

placement of a sensor to develop assessments pursuant to subsection (b), the Administrator shall, to the extent practicable, 

use Federal assets for the placement of such sensors. 

‘‘(4) USE OF ACQUIRED STRUCTURES.— 

‘‘(A) IN GENERAL.—If the Administrator acquires a 

structure for the placement of a sensor for purposes of 

such protocol, the Administrator shall to the extent practical permit other public and private entities to place sensors on such structure to collect— 

‘‘(i) meteorological data; 

‘‘(ii) national security-related data; 

‘‘(iii) navigation-related data; 

‘‘(iv) hydrographic data; or 

‘‘(v) such other data as the Administrator considers 

appropriate. 

‘‘(B) RECEIPT OF CONSIDERATION.—The Administrator 

may receive consideration for the placement of a sensor 

on a structure under subparagraph (A). 

‘‘(C) IN-KIND CONSIDERATION.—Consideration received 

under subparagraph (B) may be received in-kind. 

‘‘(D) USE OF CONSIDERATION.—To the extent practicable, consideration received under subparagraph (B) 

shall be used for the maintenance of sensors used to collect 

covered data. 

‘‘(5) COORDINATED DEPLOYMENTS AND DATA COLLECTION

PRACTICES.—The Administrator shall, in consultation with the 

Office of the Federal Coordinator for Meteorology, coordinate 

the deployment of sensors as part of the protocol established 

under paragraph (1) and related data collection carried out 

by Federal, State, academic, and private entities who choose 

to cooperate with the Administrator in carrying out this subsection. 

‘‘(6) PRIORITY ACQUISITION AND DEPLOYMENT.—The 

Administrator shall give priority in the acquisition for and 

deployment of sensors under the protocol required by paragraph 

(1) to areas of coastal States that have the highest risk of 

being harmed by named storms. 

‘‘(d) ASSESSMENT OF SYSTEMS AND EFFORTS TO COLLECT COVERED DATA.— 

‘‘(1) IDENTIFICATION OF SYSTEMS AND EFFORTS TO COLLECT

COVERED DATA.—Not later than 180 days after the date of 

the enactment of the Consumer Option for an Alternative 

System to Allocate Losses Act of 2012, the Administrator shall, 

in consultation with the Office of the Federal Coordinator for 

Meteorology— 

‘‘(A) carry out a survey to identify all Federal and 

State efforts and systems that are capable of collecting 

covered data; and 

Survey. 

Deadline. 


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‘‘(B) consult with private and academic sector entities 

to identify domestic private and academic systems that 

are capable of collecting covered data. 

‘‘(2) IDENTIFICATION OF GAPS.—The Administrator shall, in 

consultation with the Office of the Federal Coordinator for 

Meteorology and individuals and entities consulted under subsection (e)(3), assess the systems identified under paragraph 

(1) and identify which systems meet the needs of the National 

Oceanic and Atmospheric Administration for the collection of 

covered data, including with respect to the accuracy requirement for post-storm assessment under subsection (b)(3). 

‘‘(3) PLAN.—Not later than 270 days after the date of the 

enactment of the Consumer Option for an Alternative System 

to Allocate Losses Act of 2012, the Administrator shall, in 

consultation with the Office of the Federal Coordinator for 

Meteorology, submit to Congress a plan for the collection of 

covered data necessary to develop the Named Storm Event 

Model and post-storm assessment required by subsection (b) 

that addresses any gaps identified in paragraph (2). 

‘‘(e) COORDINATION OF COVERED DATA COLLECTION AND MAINTENANCE BY PARTICIPANTS.— 

‘‘(1) IN GENERAL.—The Administrator shall, in consultation 

with the Office of the Federal Coordinator for Meteorology, 

coordinate the collection and maintenance of covered data by 

participants under this section— 

‘‘(A) to streamline the process of collecting covered 

data in accordance with the protocol established under 

subsection (c)(1); and 

‘‘(B) to maintain transparency of such process and the 

database established under subsection (f). 

‘‘(2) SHARING INFORMATION.—The Administrator shall 

establish a process for sharing among participants information 

relevant to collecting and using covered data for— 

‘‘(A) academic research; 

‘‘(B) private sector use; 

‘‘(C) public outreach; and 

‘‘(D) such other purposes as the Administrator considers appropriate. 

‘‘(3) CONSULTATION.—In carrying out paragraphs (1) and 

(2), the Administrator shall consult with the following: 

‘‘(A) The Commanding General of the Corps of Engineers. 

‘‘(B) The Administrator of the Federal Emergency 

Management Agency. 

‘‘(C) The Commandant of the Coast Guard. 

‘‘(D) The Director of the United States Geological 

Survey. 

‘‘(E) The Office of the Federal Coordinator for Meteorology. 

‘‘(F) The Director of the National Science Foundation. 

‘‘(G) The Administrator of the National Aeronautics 

and Space Administration. 

‘‘(H) Such public, private, and academic sector entities 

as the Administrator considers appropriate for purposes 

of carrying out the provisions of this section. 

‘‘(f) ESTABLISHMENT OF COASTAL WIND AND WATER EVENT

DATABASE.— 

Deadline. 

Consultation. 


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126 STAT. 974 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of the enactment of the Consumer Option for an Alternative 

System to Allocate Losses Act of 2012, the Administrator shall 

establish a database for the collection and compilation of covered data— 

‘‘(A) to support the protocol established under subsection (c)(1); and 

‘‘(B) for the purposes listed in subsection (e)(2). 

‘‘(2) DESIGNATION.—The database established under paragraph (1) shall be known as the ‘Coastal Wind and Water 

Event Database’. 

‘‘(g) COMPTROLLER GENERAL STUDY.—Not later than 1 year 

after the date of the enactment of the Consumer Option for an 

Alternative System to Allocate Losses Act of 2012, the Comptroller 

General of the United States shall— 

‘‘(1) complete an audit of Federal efforts to collect covered 

data for purposes of the Consumer Option for an Alternative 

System to Allocate Losses Act of 2012, which audit shall— 

‘‘(A) examine duplicated Federal efforts to collect covered data; and 

‘‘(B) determine the cost effectiveness of such efforts; 

and 

‘‘(2) submit to the Committee on Banking, Housing, and 

Urban Affairs and the Commerce, Science, and Transportation 

of the Senate and the Committee on Financial Services and 

the Committee on Science, Space, and Technology of the House 

of Representatives a report on the findings of the Comptroller 

General with respect to the audit completed under paragraph 

(1).’’. 

SEC. 100253. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETERMINATE CLAIMS. 

Part A of chapter II of the National Flood Insurance Act of 

1968 (42 U.S.C. 4051 et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETERMINATE CLAIMS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Federal Emergency Management Agency. 

‘‘(2) COASTAL FORMULA.—The term ‘COASTAL Formula’ 

means the formula established under subsection (b). 

‘‘(3) COASTAL STATE.—The term ‘coastal State’ has the 

meaning given the term ‘coastal state’ in section 304 of the 

Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 

‘‘(4) INDETERMINATE LOSS.— ‘‘(A) IN GENERAL.—The term ‘indeterminate loss’ 

means, as determined by an insurance claims adjuster 

certified under the national flood insurance program and 

in consultation with an engineer as appropriate, a loss 

resulting from physical damage to, or loss of, property 

located in any coastal State arising from the combined 

perils of flood and wind associated with a named storm. 

‘‘(B) REQUIREMENTS.—An insurance claims adjuster 

certified under the national flood insurance program shall 

only determine that a loss is an indeterminate loss if the 

claims adjuster determines that— 

42 USC 4057. 

Reports. 

Audit. 

Deadline. 

Deadline. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 975 

‘‘(i) no material remnant of physical buildings or 

man-made structures remain except building foundations for the specific property for which the claim is 

made; and 

‘‘(ii) there is insufficient or no tangible evidence 

created, yielded, or otherwise left behind of the specific 

property for which the claim is made as a result of 

the named storm. 

‘‘(5) NAMED STORM.—The term ‘named storm’ means any 

organized weather system with a defined surface circulation 

and maximum winds of not less than 39 miles per hour which 

the National Hurricane Center of the United States National 

Weather Service names as a tropical storm or a hurricane. 

‘‘(6) POST-STORM ASSESSMENT.—The term ‘post-storm 

assessment’ means the post-storm assessment developed under 

section 12312(b) of the Omnibus Public Land Management 

Act of 2009. 

‘‘(7) STATE.—The term ‘State’ means a State of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, and any other territory or possession of the United States. 

‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Homeland Security. 

‘‘(9) STANDARD INSURANCE POLICY.—The term ‘standard 

insurance policy’ means any insurance policy issued under the 

national flood insurance program that covers loss or damage 

to property resulting from water peril. 

‘‘(10) PROPERTY.—The term ‘property’ means real or personal property that is insured under a standard insurance 

policy for loss or damage to structure or contents. 

‘‘(11) UNDER SECRETARY.—The term ‘Under Secretary’ 

means the Under Secretary of Commerce for Oceans and 

Atmosphere, in the Under Secretary’s capacity as Administrator 

of the National Oceanic and Atmospheric Administration. 

‘‘(b) ESTABLISHMENT OF FLOOD LOSS ALLOCATION FORMULA FOR

INDETERMINATE CLAIMS.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

on which the protocol is established under section 12312(c)(1) 

of the Omnibus Public Land Management Act of 2009, the 

Secretary, acting through the Administrator and in consultation 

with the Under Secretary, shall establish by rule a standard 

formula to determine and allocate wind losses and flood losses 

for claims involving indeterminate losses. 

‘‘(2) CONTENTS.—The standard formula established under 

paragraph (1) shall— 

‘‘(A) incorporate data available from the Coastal Wind 

and Water Event Database established under section 

12312(f) of the Omnibus Public Land Management Act 

of 2009; 

‘‘(B) use relevant data provided on the National Flood 

Insurance Program Elevation Certificate for each indeterminate loss for which the formula is used; 

‘‘(C) consider any sufficient and credible evidence, 

approved by the Administrator, of the pre-event condition 

of a specific property, including the findings of any policyholder or insurance claims adjuster in connection with 

the indeterminate loss to that specific property; 

Deadline. 

Regulations. 


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‘‘(D) include other measures, as the Administrator considers appropriate, required to determine and allocate by 

mathematical formula the property damage caused by flood 

or storm surge associated with a named storm; and 

‘‘(E) subject to paragraph (3), for each indeterminate 

loss, use the post-storm assessment to allocate water damage (flood or storm surge) associated with a named storm. 

‘‘(3) DEGREE OF ACCURACY REQUIRED.—The standard formula established under paragraph (1) shall specify that the 

Administrator may only use the post-storm assessment for purposes of the formula if the Under Secretary certifies that the 

post-storm assessment has a degree of accuracy of not less 

than 90 percent in connection with the specific indeterminate 

loss for which the assessment and formula are used. 

‘‘(c) AUTHORIZED USE OF POST-STORM ASSESSMENT AND

COASTAL FORMULA.— ‘‘(1) IN GENERAL.—Subject to paragraph (3), the Administrator may use the post-storm assessment and the COASTAL 

Formula to— 

‘‘(A) review flood loss payments for indeterminate 

losses, including as part of the quality assurance reinspection program of the Federal Emergency Management 

Agency for claims under the national flood insurance program and any other process approved by the Administrator 

to review and validate payments under the national flood 

insurance program for indeterminate losses following a 

named storm; and 

‘‘(B) assist the national flood insurance program to— 

‘‘(i) properly cover qualified flood loss for claims 

for indeterminate losses; and 

‘‘(ii) avoid paying for any loss or damage to property caused by any peril (including wind), other than 

flood or storm surge, that is not covered under a 

standard policy under the national flood insurance program. 

‘‘(2) FEDERAL DISASTER DECLARATION.—Subject to paragraph (3), in order to expedite claims and reduce costs to 

the national flood insurance program, following any major disaster declared by the President under section 401 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5170) relating to a named storm in a coastal State, 

the Administrator may use the COASTAL Formula to determine and pay for any flood loss covered under a standard 

insurance policy under the national flood insurance program, 

if the loss is an indeterminate loss. 

‘‘(3) NATIONAL ACADEMY OF SCIENCES EVALUATION.— 

‘‘(A) EVALUATION REQUIRED.— 

‘‘(i) EVALUATION.—Upon the issuance of the rule 

establishing the COASTAL Formula, and each time 

the Administrator modifies the COASTAL Formula, 

the National Academy of Sciences shall— 

‘‘(I) evaluate the expected financial impact on 

the national flood insurance program of the use 

of the COASTAL Formula as so established or 

modified; and 

‘‘(II) evaluate the validity of the scientific 

assumptions upon which the formula is based and 

Certification. 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 977 

determine whether the COASTAL formula can 

achieve a degree of accuracy of not less than 90 

percent in allocating flood losses for indeterminate 

losses. 

‘‘(ii) REPORT.—The National Academy of Sciences 

shall submit a report containing the results of each 

evaluation under clause (i) to the Administrator, the 

Committee on Banking, Housing, and Urban Affairs 

and the Committee on Commerce, Science, and 

Transportation of the Senate, and the Committee on 

Financial Services and the Committee on Science, 

Space, and Technology of the House of Representatives. 

‘‘(B) EFFECTIVE DATE AND APPLICABILITY.— ‘‘(i) EFFECTIVE DATE.—Paragraphs (1) and (2) of 

this subsection shall not take effect unless the report 

under subparagraph (A) relating to the establishment 

of the COASTAL Formula concludes that the use of 

the COASTAL Formula for purposes of paragraph (1) 

and (2) would not have an adverse financial impact 

on the national flood insurance program and that the 

COASTAL Formula is based on valid scientific assumptions that would allow a degree of accuracy of not 

less than 90 percent to be achieved in allocating flood 

losses for indeterminate losses. 

‘‘(ii) EFFECT OF MODIFICATIONS.—Unless the report 

under subparagraph (A) relating to a modification of 

the COASTAL Formula concludes that the use of the 

COASTAL Formula, as so modified, for purposes of 

paragraphs (1) and (2) would not have an adverse 

financial impact on the national flood insurance program and that the COASTAL Formula is based on 

valid scientific assumptions that would allow a degree 

of accuracy of not less than 90 percent to be achieved 

in allocating flood losses for indeterminate losses the 

Administrator may not use the COASTAL Formula, 

as so modified, for purposes of paragraphs (1) and 

(2). 

‘‘(C) FUNDING.—Notwithstanding section 1310 of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4017), 

there shall be available to the Administrator from the 

National Flood Insurance Fund, of amounts not otherwise 

obligated, not more than $750,000 to carry out this paragraph. 

‘‘(d) DISCLOSURE OF COASTAL FORMULA.—Not later than 30 

days after the date on which a post-storm assessment is submitted 

to the Secretary under section 12312(b)(2)(C) of the Omnibus Public 

Land Management Act of 2009, for each indeterminate loss for 

which the COASTAL Formula is used pursuant to subsection (c)(2), 

the Administrator shall disclose to the policyholder that makes 

a claim relating to the indeterminate loss— 

‘‘(1) that the Administrator used the COASTAL Formula 

with respect to the indeterminate loss; and 

‘‘(2) a summary of the results of the use of the COASTAL 

Formula. 

‘‘(e) CONSULTATION.—In carrying out subsections (b) and (c), 

the Secretary shall consult with— 

‘‘(1) the Under Secretary for Oceans and Atmosphere; 

Deadline. 


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126 STAT. 978 PUBLIC LAW 112–141—JULY 6, 2012 

‘‘(2) the Director of the National Institute of Standards 

and Technology; 

‘‘(3) the Chief of Engineers of the Corps of Engineers; 

‘‘(4) the Director of the United States Geological Survey; 

‘‘(5) the Office of the Federal Coordinator for Meteorology; 

‘‘(6) State insurance regulators of coastal States; and 

‘‘(7) such public, private, and academic sector entities as 

the Secretary considers appropriate for purposes of carrying 

out such subsections. 

‘‘(f) RECORDKEEPING.—Each consideration and measure the 

Administrator determines necessary to carry out subsection (b) 

may be required, with advanced approval of the Administrator, 

to be provided for on the National Flood Insurance Program Elevation Certificate, or maintained otherwise on record if approved 

by the Administrator, for any property that qualifies for the 

COASTAL Formula under subsection (c). 

‘‘(g) CIVIL PENALTY.— 

‘‘(1) IN GENERAL.—If an insurance claims adjuster knowingly and willfully makes a false or inaccurate determination 

relating to an indeterminate loss, the Administrator may, after 

notice and opportunity for hearing, impose on the insurance 

claims adjuster a civil penalty of not more than $1,000. 

‘‘(2) DEPOSIT.—Notwithstanding section 3302 of title 31, 

United States Code, or any other law relating to the crediting 

of money, the Administrator shall deposit in the National Flood 

Insurance Fund any amounts received under this subsection, 

which shall remain available until expended and be available 

to the Administrator for purposes authorized for the National 

Flood Insurance Fund without further appropriation. 

‘‘(h) RULE OF CONSTRUCTION.—Nothing in this subsection shall 

be construed to require the Administrator to make any payment 

under the national flood insurance program, or an insurance company to make any payment, for an indeterminate loss based upon 

post-storm assessment or the COASTAL Formula. 

‘‘(i) APPLICABILITY.—Subsection (c) shall apply with respect to 

an indeterminate loss associated with a named storm that occurs 

after the date on which the Administrator issues the rule establishing the COASTAL Formula under subsection (b). 

‘‘(j) RULE OF CONSTRUCTION.—Nothing in this subsection shall 

be construed to negate, set aside, or void any policy limit, including 

any loss limitation, set forth in a standard insurance policy.’’. 

Subtitle C—HEARTH Act Amendment 

SEC. 100261. HEARTH ACT TECHNICAL CORRECTIONS. 

For purposes of title IV of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11360 et seq.)— 

(1) the term ‘‘local government’’ includes an instrumentality 

of a unit of general purpose local government other than a 

public housing agency that is established pursuant to legislation 

and designated by the chief executive to act on behalf of the 

local government with regard to activities funded under such 

title IV and includes a combination of general purpose local 

governments, such as an association of governments, that is 

recognized by the Secretary of Housing and Urban Development; 

Definition. 

42 USC 11360 

note. 


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(2) the term ‘‘State’’ includes any instrumentality of any 

of the several States designated by the Governor to act on 

behalf of the State and does not include the District of 

Columbia; 

(3) for purposes of environmental review, the Secretary 

of Housing and Urban Development shall continue to permit 

assistance and projects to be treated as assistance for special 

projects that are subject to section 305(c) of the Multifamily 

Housing Property Disposition Reform Act of 1994 (42 U.S.C. 

3547), and subject to the regulations issued by the Secretary 

of Housing and Urban Development to implement such section; 

and 

(4) a metropolitan city and an urban county that each 

receive an allocation under such title IV and are located within 

a geographic area that is covered by a single continuum of 

care may jointly request the Secretary of Housing and Urban 

Development to permit the urban county or the metropolitan 

city, as agreed to by such county and city, to receive and 

administer their combined allocations under a single grant. 

TITLE III—STUDENT LOAN INTEREST 

RATE EXTENSION 

SEC. 100301. FEDERAL DIRECT STAFFORD LOAN INTEREST RATE 

EXTENSION. 

Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 

U.S.C. 1087e(b)(7)(D)) is amended— 

(1) in the matter preceding clause (i), by striking ‘‘and 

before July 1, 2012,’’ and inserting ‘‘and before July 1, 2013,’’; 

and 

(2) in clause (v), by striking ‘‘and before July 1, 2012,’’ 

and inserting ‘‘and before July 1, 2013,’’. 

SEC. 100302. ELIGIBILITY FOR, AND INTEREST CHARGES ON, FEDERAL 

DIRECT STAFFORD LOANS FOR NEW BORROWERS ON 

OR AFTER JULY 1, 2013. 

(a) IN GENERAL.—Section 455 of the Higher Education Act 

of 1965 (20 U.S.C. 1087e) is amended by adding at the end the 

following: 

‘‘(q) ELIGIBILITY FOR, AND INTEREST CHARGES ON, FEDERAL

DIRECT STAFFORD LOANS FOR NEW BORROWERS ON OR AFTER JULY

1, 2013.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (a) or any 

other provision of this title, any borrower who was a new 

borrower on or after July 1, 2013, shall not be eligible for 

a Federal Direct Stafford Loan if the period of time for which 

the borrower has received Federal Direct Stafford Loans, in 

the aggregate, exceeds the period of enrollment described in 

paragraph (3). Such borrower may still receive any Federal 

Direct Unsubsidized Stafford Loan for which such borrower 

is otherwise eligible. 

‘‘(2) ACCRUAL OF INTEREST ON FEDERAL DIRECT STAFFORD

LOANS.—Notwithstanding subsection (f)(1)(A) or any other 

provision of this title and beginning on the date upon which 

a borrower who is enrolled in a program of education or training 

(including a course of study or program described in paragraph 

Definition. 


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126 STAT. 980 PUBLIC LAW 112–141—JULY 6, 2012 

(3)(B) or (4)(B) of section 484(b)) for which borrowers are otherwise eligible to receive Federal Direct Stafford Loans, becomes 

ineligible for such loan as a result of paragraph (1), interest 

on all Federal Direct Stafford Loans that were disbursed to 

such borrower on or after July 1, 2013, shall accrue. Such 

interest shall be paid or capitalized in the same manner as 

interest on a Federal Direct Unsubsidized Stafford Loan is 

paid or capitalized under section 428H(e)(2). 

‘‘(3) PERIOD OF ENROLLMENT.— ‘‘(A) IN GENERAL.—The aggregate period of enrollment 

referred to in paragraph (1) shall not exceed the lesser 

of— 

‘‘(i) a period equal to 150 percent of the published 

length of the educational program in which the student 

is enrolled; or 

‘‘(ii) in the case of a borrower who was previously 

enrolled in one or more other educational programs 

that began on or after July 1, 2013, and subject to 

subparagraph (B), a period of time equal to the difference between— 

‘‘(I) 150 percent of the published length of 

the longest educational program in which the borrower was, or is, enrolled; and 

‘‘(II) any periods of enrollment in which the 

borrower received a Federal Direct Stafford Loan. 

‘‘(B) REGULATIONS.—The Secretary shall specify in 

regulation— 

‘‘(i) how the aggregate period described in subparagraph (A) shall be calculated with respect to a borrower 

who was or is enrolled on less than a full-time basis; 

and 

‘‘(ii) how such aggregate period shall be calculated 

to include a course of study or program described in 

paragraph (3)(B) or (4)(B) of section 484(b), respectively.’’. 

(b) INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING

REQUIREMENT AND MASTER CALENDAR EXCEPTION.—Sections 482(c) 

and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 

1098a) shall not apply to the amendment made by subsection (a), 

or to any regulations promulgated under such amendment. 

DIVISION G—SURFACE 

TRANSPORTATION EXTENSION 

SEC. 110001. SHORT TITLE. 

This division may be cited as the ‘‘Surface Transportation 

Extension Act of 2012, Part II’’. 

TITLE I—FEDERAL-AID HIGHWAYS 

SEC. 111001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS. 

(a) IN GENERAL.—Section 111 of the Surface Transportation 

Extension Act of 2011, Part II (Public Law 112–30; 125 Stat. 343; 

126 Stat. 272) is amended— 

23 USC 101 note. 

Surface 

Transportation 

Extension Act 

of 2012, Part II. 

20 USC 1089 

note. 


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(1) by striking ‘‘the period beginning on October 1, 2011, 

and ending on June 30, 2012,’’ each place it appears and 

inserting ‘‘fiscal year 2012’’; 

(2) by striking ‘‘3⁄4 of’’ each place it appears; and 

(3) in subsection (a) by striking ‘‘June 30, 2012’’ and 

inserting ‘‘September 30, 2012’’. 

(b) USE OF FUNDS.—Section 111(c) of the Surface Transportation Extension Act of 2011, Part II (125 Stat. 343; 126 Stat. 

272) is amended— 

(1) in paragraph (3)— 

(A) in subparagraph (A) by striking ‘‘, except that 

during such period’’ and all that follows before the period 

at the end; and 

(B) in subparagraph (B)(ii) by striking ‘‘$479,250,000’’ and inserting ‘‘$639,000,000’’; and 

(2) by striking paragraph (4). 

(c) EXTENSION OF AUTHORIZATIONS UNDER TITLE V OF

SAFETEA–LU.—Section 111(e)(2) of the Surface Transportation 

Extension Act of 2011, Part II (125 Stat. 346; 126 Stat. 272) is 

amended by striking ‘‘the period beginning on October 1, 2011, 

and ending on June 30, 2012.’’ and inserting ‘‘fiscal year 2012.’’. 

(d) ADMINISTRATIVE EXPENSES.—Section 112(a) of the Surface 

Transportation Extension Act of 2011, Part II (125 Stat. 346; 126 

Stat. 272) is amended by striking ‘‘$294,641,438 for the period 

beginning on October 1, 2011, and ending on June 30, 2012.’’ 

and inserting ‘‘$392,855,250 for fiscal year 2012.’’. 

TITLE II—EXTENSION OF HIGHWAY 

SAFETY PROGRAMS 

SEC. 112001. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY 

ADMINISTRATION HIGHWAY SAFETY PROGRAMS. 

(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Section 2001(a)(1) 

of SAFETEA–LU (119 Stat. 1519) is amended by striking 

‘‘$235,000,000 for each of fiscal years 2009 through 2011’’ and 

all that follows through the period at the end and inserting ‘‘and 

$235,000,000 for each of fiscal years 2009 through 2012.’’. 

(b) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section 

2001(a)(2) of SAFETEA–LU (119 Stat. 1519) is amended by striking 

‘‘and $81,183,000 for the period beginning on October 1, 2011, 

and ending on June 30, 2012.’’ and inserting ‘‘and $108,244,000 

for fiscal year 2012.’’. 

(c) OCCUPANT PROTECTION INCENTIVE GRANTS.—Section 

2001(a)(3) of SAFETEA–LU (119 Stat. 1519) is amended by striking 

‘‘$25,000,000 for each of fiscal years 2006 through 2011’’ and all 

that follows through the period at the end and inserting ‘‘and 

$25,000,000 for each of fiscal years 2006 through 2012.’’. 

(d) SAFETY BELT PERFORMANCE GRANTS.—Section 2001(a)(4) 

of SAFETEA–LU (119 Stat. 1519) is amended by striking ‘‘and 

$36,375,000 for the period beginning on October 1, 2011, and ending 

on June 30, 2012.’’ and inserting ‘‘and $48,500,000 for fiscal year 

2012.’’. 

(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.—Section 2001(a)(5) of SAFETEA–LU (119 Stat. 1519) is 

amended by striking ‘‘for each of fiscal years 2006 through 2011’’ 


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126 STAT. 982 PUBLIC LAW 112–141—JULY 6, 2012 

and all that follows through the period at the end and inserting 

‘‘for each of fiscal years 2006 through 2012.’’. 

(f) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE

GRANT PROGRAM.—Section 2001(a)(6) of SAFETEA–LU (119 Stat. 

1519) is amended by striking ‘‘$139,000,000 for each of fiscal years 

fiscal years 2009 through 2011’’ and all that follows through the 

period at the end and inserting ‘‘and $139,000,000 for each of 

fiscal years 2009 through 2012.’’. 

(g) NATIONAL DRIVER REGISTER.—Section 2001(a)(7) of 

SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘and 

$3,087,000 for the period beginning on October 1, 2011, and ending 

on June 30, 2012.’’ and inserting ‘‘and $4,116,000 for fiscal year 

2012.’’. 

(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.—Section 

2001(a)(8) of SAFETEA–LU (119 Stat. 1520) is amended by striking 

‘‘for each of fiscal years 2006 through 2011’’ and all that follows 

through the period at the end and inserting ‘‘for each of fiscal 

years 2006 through 2012.’’. 

(i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) of SAFETEA– 

LU (119 Stat. 1520) is amended by striking ‘‘$7,000,000 for each 

of fiscal years 2009 through 2011’’ and all that follows through 

the period at the end and inserting ‘‘and $7,000,000 for each of 

fiscal years 2009 through 2012.’’. 

(j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY INCENTIVE

GRANTS.—Section 2001(a)(10) of SAFETEA–LU (119 Stat. 1520) 

is amended by striking ‘‘$7,000,000 for each of fiscal years 2009 

through 2011’’ and all that follows through the period at the end 

and inserting ‘‘and $7,000,000 for each of fiscal years 2009 through 

2012.’’. 

(k) ADMINISTRATIVE EXPENSES.—Section 2001(a)(11) of 

SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘$25,328,000 

for fiscal year 2011’’ and all that follows through the period at 

the end and inserting ‘‘and $25,328,000 for each of fiscal years 

2011 and 2012.’’. 

SEC. 112002. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY 

ADMINISTRATION PROGRAMS. 

(a) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

GRANTS.—Section 31104(a)(8) of title 49, United States Code, is 

amended to read as follows: 

‘‘(8) $212,000,000 for fiscal year 2012.’’. 

(b) ADMINISTRATIVE EXPENSES.— 

(1) IN GENERAL.—Section 31104(i)(1)(H) of title 49, United 

States Code, is amended to read as follows: 

‘‘(H) $244,144,000 for fiscal year 2012.’’. 

(2) TECHNICAL CORRECTION.—Section 31104(i)(1)(F) of title 

49, United States Code, is amended to read as follows: 

‘‘(F) $239,828,000 for fiscal year 2010;’’. 

(c) GRANT PROGRAMS.—Section 4101(c) of SAFETEA–LU (119 

Stat. 1715) is amended— 

(1) in paragraph (1) by striking ‘‘and $22,500,000 for the 

period beginning on October 1, 2011, and ending on June 30, 

2012.’’ and inserting ‘‘and $30,000,000 for fiscal year 2012.’’; 

(2) in paragraph (2) by striking ‘‘2011 and $24,000,000 

for the period beginning on October 1, 2011, and ending on 

June 30, 2012.’’ and inserting ‘‘2012.’’; 


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(3) in paragraph (3) by striking ‘‘2011 and $3,750,000 for 

the period beginning on October 1, 2011, and ending on June 

30, 2012.’’ and inserting ‘‘2012.’’; 

(4) in paragraph (4) by striking ‘‘2011 and $18,750,000 

for the period beginning on October 1, 2011, and ending on 

June 30, 2012.’’ and inserting ‘‘2012.’’; and 

(5) in paragraph (5) by striking ‘‘2011 and $2,250,000 for 

the period beginning on October 1, 2011, and ending on June 

30, 2012.’’ and inserting ‘‘2012.’’. 

(d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) of title 49, 

United States Code, is amended by striking ‘‘and up to $21,750,000 

for the period beginning on October 1, 2011, and ending on June 

30, 2012,’’. 

(e) OUTREACH AND EDUCATION.—Section 4127(e) of SAFETEA– 

LU (119 Stat. 1741) is amended by striking ‘‘and 2011 (and $750,000 

to the Federal Motor Carrier Safety Administration, and $2,250,000 

to the National Highway Traffic Safety Administration, for the 

period beginning on October 1, 2011, and ending on June 30, 

2012)’’ and inserting ‘‘2011, and 2012’’. 

(f) WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND

PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS.—Section 

4213(d) of SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. 1759) 

is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘September 

30, 2012’’. 

SEC. 112003. ADDITIONAL PROGRAMS. 

Section 7131(c) of SAFETEA–LU (119 Stat. 1910) is amended 

by striking ‘‘and $870,000 for the period beginning on October 

1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and 

$1,160,000 for fiscal year 2012’’. 

TITLE III—PUBLIC TRANSPORTATION 

PROGRAMS 

SEC. 113001. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS. 

Section 5305(g) of title 49, United States Code, is amended 

by striking ‘‘2011 and for the period beginning on October 1, 2011, 

and ending on June 30, 2012’’ and inserting ‘‘2012’’. 

SEC. 113002. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS. 

Section 5307(b)(2) of title 49, United States Code, is amended— 

(1) by striking the paragraph heading and inserting ‘‘SPECIAL RULE FOR FISCAL YEARS 2005 THROUGH 2012.—’’ ; 

(2) in subparagraph (A) by striking ‘‘2011 and the period 

beginning on October 1, 2011, and ending on June 30, 2012,’’ 

and inserting ‘‘2012,’’; and 

(3) in subparagraph (E)— 

(A) by striking the subparagraph heading and inserting 

‘‘MAXIMUM AMOUNTS IN FISCAL YEARS 2008 THROUGH 2012

.—’’; and 

(B) in the matter preceding clause (i) by striking ‘‘2011 

and during the period beginning on October 1, 2011, and 

ending on June 30, 2012’’ and inserting ‘‘2012’’. 

49 USC 31100 

note. 


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126 STAT. 984 PUBLIC LAW 112–141—JULY 6, 2012 

SEC. 113003. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT 

GRANTS. 

Section 5309(m) of title 49, United States Code, is amended— 

(1) in paragraph (2)— 

(A) by striking the paragraph heading and inserting ‘‘FISCAL YEARS 2006 THROUGH 2012.—’’; 

(B) in the matter preceding subparagraph (A) by 

striking ‘‘2011 and the period beginning on October 1, 

2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; 

and 

(C) in subparagraph (A)(i) by striking ‘‘2011 and $150,000,000 for the period beginning on October 1, 2011, 

and ending on June 30, 2012,’’ and inserting ‘‘2012’’; 

(2) in paragraph (6)— 

(A) in subparagraph (B) by striking ‘‘2011 and $11,250,000 shall be available for the period beginning 

on October 1, 2011, and ending on June 30, 2012,’’ and 

inserting ‘‘2012’’; and 

(B) in subparagraph (C) by striking ‘‘though 2011 and $3,750,000 shall be available for the period beginning on 

October 1, 2011, and ending on June 30, 2012,’’ and 

inserting ‘‘through 2012’’; and 

(3) in paragraph (7)— 

(A) in subparagraph (A)— 

(i) in the matter preceding clause (i)— 

(I) in the first sentence by striking ‘‘2011 and 

$7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 

2012,’’ and inserting ‘‘2012’’; and 

(II) in the second sentence by inserting ‘‘each 

fiscal year’’ before the colon; 

(ii) in clause (i) by striking ‘‘for each fiscal year 

and $1,875,000 for the period beginning on October 

1, 2011, and ending on June 30, 2012,’’; 

(iii) in clause (ii) by striking ‘‘for each fiscal year 

and $1,875,000 for the period beginning on October 

1, 2011, and ending on June 30, 2012,’’; 

(iv) in clause (iii) by striking ‘‘for each fiscal year 

and $750,000 for the period beginning on October 1, 

2011, and ending on June 30, 2012,’’; 

(v) in clause (iv) by striking ‘‘for each fiscal year 

and $750,000 for the period beginning on October 1, 

2011, and ending on June 30, 2012,’’; 

(vi) in clause (v) by striking ‘‘for each fiscal year 

and $750,000 for the period beginning on October 1, 

2011, and ending on June 30, 2012,’’; 

(vii) in clause (vi) by striking ‘‘for each fiscal year 

and $750,000 for the period beginning on October 1, 

2011, and ending on June 30, 2012,’’; 

(viii) in clause (vii) by striking ‘‘for each fiscal 

year and $487,500 for the period beginning on October 

1, 2011, and ending on June 30, 2012,’’; and 

(ix) in clause (viii) by striking ‘‘for each fiscal year 

and $262,500 for the period beginning on October 1, 

2011, and ending on June 30, 2012,’’; 

(B) in subparagraph (B) by striking clause (vii) and 

inserting the following: 


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‘‘(vii) $13,500,000 for fiscal year 2012.’’; 

(C) in subparagraph (C) by striking ‘‘and during the 

period beginning on October 1, 2011, and ending on June 

30, 2012,’’; 

(D) in subparagraph (D) by striking ‘‘and not less than $26,250,000 shall be available for the period beginning 

on October 1, 2011, and ending on June 30, 2012,’’; and (E) in subparagraph (E) by striking ‘‘and $2,250,000 

shall be available for the period beginning on October 1, 

2011, and ending on June 30, 2012,’’. 

SEC. 113004. APPORTIONMENT OF FORMULA GRANTS FOR OTHER 

THAN URBANIZED AREAS. 

Section 5311(c)(1)(G) of title 49, United States Code, is amended 

to read as follows: 

‘‘(G) $15,000,000 for fiscal year 2012.’’. 

SEC. 113005. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS. 

Section 5337 of title 49, United States Code, is amended by 

striking subsection (g). 

SEC. 113006. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION. 

(a) FORMULA AND BUS GRANTS.—Section 5338(b) of title 49, 

United States Code, is amended— 

(1) in paragraph (1) by striking subparagraph (G) and 

inserting the following: 

‘‘(G) $8,360,565,000 for fiscal year 2012.’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A) by striking ‘‘$113,500,000 for 

each of fiscal years 2009 through 2011, and $85,125,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $113,500,000 for 

each of fiscal years 2009 through 2012’’; 

(B) in subparagraph (B) by striking ‘‘$4,160,365,000 

for each of fiscal years 2009 through 2011, and 

$3,120,273,750 for the period beginning on October 1, 2011, 

and ending on June 30, 2012,’’ and inserting ‘‘and 

$4,160,365,000 for each of fiscal years 2009 through 2012’’; 

(C) in subparagraph (C) by striking ‘‘$51,500,000 for 

each of fiscal years 2009 through 2011, and $38,625,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $51,500,000 for 

each of fiscal years 2009 through 2012’’; 

(D) in subparagraph (D) by striking ‘‘$1,666,500,000 

for each of fiscal years 2009 through 2011, and 

$1,249,875,000 for the period beginning on October 1, 2011, 

and ending on June 30, 2012,’’ and inserting ‘‘and 

$1,666,500,000 for each of fiscal years 2009 through 2012’’; 

(E) in subparagraph (E) by striking ‘‘$984,000,000 for 

each of fiscal years 2009 through 2011, and $738,000,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $984,000,000 for 

each of fiscal years 2009 through 2012’’; 

(F) in subparagraph (F) by striking ‘‘$133,500,000 for 

each of fiscal years 2009 through 2011, and $100,125,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $133,500,000 for 

each of fiscal years 2009 through 2012’’; 

Time periods. 


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(G) in subparagraph (G) by striking ‘‘$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $465,000,000 for 

each of fiscal years 2009 through 2012’’; 

(H) in subparagraph (H) by striking ‘‘$164,500,000 for 

each of fiscal years 2009 through 2011, and $123,375,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $164,500,000 for 

each of fiscal years 2009 through 2012’’; 

(I) in subparagraph (I) by striking ‘‘$92,500,000 for 

each of fiscal years 2009 through 2011, and $69,375,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $92,500,000 for 

each of fiscal years 2009 through 2012’’; 

(J) in subparagraph (J) by striking ‘‘$26,900,000 for 

each of fiscal years 2009 through 2011, and $20,175,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $26,900,000 for 

each of fiscal years 2009 through 2012’’; 

(K) in subparagraph (K) by striking ‘‘for each of fiscal 

years 2006 through 2011 and $2,625,000 for the period 

beginning on October 1, 2011, and ending on June 30, 

2012,’’ and inserting ‘‘for each of fiscal years 2006 through 

2012’’; 

(L) in subparagraph (L) by striking ‘‘for each of fiscal 

years 2006 through 2011 and $18,750,000 for the period 

beginning on October 1, 2011, and ending on June 30, 

2012,’’ and inserting ‘‘for each of fiscal years 2006 through 

2012’’; 

(M) in subparagraph (M) by striking ‘‘$465,000,000 

for each of fiscal years 2009 through 2011, and 

$348,750,000 for the period beginning on October 1, 2011, 

and ending on June 30, 2012,’’ and inserting ‘‘and 

$465,000,000 for each of fiscal years 2009 through 2012’’; 

and 

(N) in subparagraph (N) by striking ‘‘$8,800,000 for 

each of fiscal years 2009 through 2011, and $6,600,000 

for the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘and $8,800,000 for each 

of fiscal years 2009 through 2012’’. 

(b) CAPITAL INVESTMENT GRANTS.—Section 5338(c)(7) of title 

49, United States Code, is amended to read as follows: 

‘‘(7) $1,955,000,000 for fiscal year 2012.’’. 

(c) RESEARCH AND UNIVERSITY RESEARCH CENTERS.—Section 

5338(d) of title 49, United States Code, is amended— 

(1) in paragraph (1), in the matter preceding subparagraph 

(A), by striking ‘‘through 2011, and $33,000,000 for the period 

beginning on October 1, 2011, and ending on June 30, 2012,’’ 

and inserting ‘‘through 2011, and $44,000,000 for fiscal year 

2012,’’; and 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) ADDITIONAL AUTHORIZATIONS.— 

‘‘(A) RESEARCH.—Of amounts authorized to be appropriated under paragraph (1) for fiscal year 2012, the Secretary shall allocate for each of the activities and projects 

described in subparagraphs (A) through (F) of paragraph 


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PUBLIC LAW 112–141—JULY 6, 2012 126 STAT. 987 

(1) an amount equal to 63 percent of the amount allocated 

for fiscal year 2009 under each such subparagraph. 

‘‘(B) UNIVERSITY CENTERS PROGRAM.— 

‘‘(i) FISCAL YEAR 2012.—Of the amounts allocated 

under paragraph (1)(C) for the university centers program under section 5506 for fiscal year 2012, the Secretary shall allocate for each program described in 

clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to 63 percent of the 

amount allocated for fiscal year 2009 under each such 

clause. 

‘‘(ii) FUNDING.—If the Secretary determines that 

a project or activity described in paragraph (2) received 

sufficient funds in fiscal year 2011, or a previous fiscal 

year, to carry out the purpose for which the project 

or activity was authorized, the Secretary may not allocate any amounts under clause (i) for the project or 

activity for fiscal year 2012 or any subsequent fiscal 

year.’’. 

(d) ADMINISTRATION.—Section 5338(e)(7) of title 49, United 

States Code, is amended to read as follows: 

‘‘(7) $98,713,000 for fiscal year 2012.’’. 

SEC. 113007. AMENDMENTS TO SAFETEA–LU. 

(a) CONTRACTED PARATRANSIT PILOT.—Section 3009(i)(1) of 

SAFETEA–LU (119 Stat. 1572) is amended by striking ‘‘2011 and 

the period beginning on October 1, 2011, and ending on June 

30, 2012,’’ and inserting ‘‘2012,’’. 

(b) PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM.—Section 

3011 of SAFETEA–LU (49 U.S.C. 5309 note; 119 Stat. 1588) is 

amended— 

(1) in subsection (c)(5) by striking ‘‘2011 and the period 

beginning on October 1, 2011, and ending on June 30, 2012’’ 

and inserting ‘‘2012’’; and 

(2) in the second sentence of subsection (d) by striking 

‘‘2011 and the period beginning on October 1, 2011, and ending 

on June 30, 2012,’’ and inserting ‘‘2012’’. 

(c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES

PILOT PROGRAM.—Section 3012(b)(8) of SAFETEA–LU (49 U.S.C. 

5310 note; 119 Stat. 1593) is amended by striking ‘‘June 30, 2012’’ 

and inserting ‘‘September 30, 2012’’. 

(d) OBLIGATION CEILING.—Section 3040(8) of SAFETEA–LU 

(119 Stat. 1639) is amended to read as follows: 

‘‘(8) $10,458,278,000 for fiscal year 2012, of which not more 

than $8,360,565,000 shall be from the Mass Transit Account.’’. 

(e) PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL PROJECTS.—Section 3043 of SAFETEA–LU (119 Stat. 1640) 

is amended— 

(1) in subsection (b), in the matter preceding paragraph 

(1), by striking ‘‘2011 and the period beginning on October 

1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; 

and 

(2) in subsection (c), in the matter preceding paragraph 

(1), by striking ‘‘2011 and the period beginning on October 

1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’. 


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126 STAT. 988 PUBLIC LAW 112–141—JULY 6, 2012 

LEGISLATIVE HISTORY—H.R. 4348 (S. 1813): 

HOUSE REPORTS: No. 112–557 (Comm. of Conference). 

CONGRESSIONAL RECORD, Vol. 158 (2012): 

Apr. 18, considered and passed House. 

Apr. 24, considered and passed Senate, amended, in lieu of S. 1813. 

June 29, House and Senate agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2012): 

July 6, Presidential remarks. 

Æ 

(f) ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY

PROGRAMS.—Section 3046 of SAFETEA–LU (49 U.S.C. 5338 note; 

119 Stat. 1706) is amended— 

(1) in subsection (b) by striking ‘‘fiscal year or period’’ 

and inserting ‘‘fiscal year’’; and 

(2) by striking subsection (c)(2) and inserting the following: 

‘‘(2) for fiscal year 2012, in amounts equal to 63 percent 

of the amounts allocated for fiscal year 2009 under each of 

paragraphs (2), (3), (5), and (8) through (25) of subsection 

(a).’’. 

TITLE IV—EFFECTIVE DATE 

SEC. 114001. EFFECTIVE DATE. 

This division and the amendments made by this division shall 

take effect on July 1, 2012. 

DIVISION H—BUDGETARY EFFECTS 

SEC. 120001. BUDGETARY EFFECTS. 

(a) PAYGO SCORECARD.—The budgetary effects of this Act shall 

not be entered on either PAYGO scorecard maintained pursuant 

to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

(b) SENATE PAYGO SCORECARD.—The budgetary effects of this 

Act shall not be recorded on any PAYGO scorecard maintained 

for purposes of section 201 of S. Con. Res. 21 (110th Congress). 

Approved July 6, 2012. 

49 USC 5305 

note. 


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