H. R. 4348—289 
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 public- 
private partnership will produce for the private entity and 
public entity; 
(E) any impacts on other developments and transpor-
tation 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 enact-
ment of this Act, the Secretary shall submit to Congress a 
report on the status of the procedures, approaches, and guid-
ance 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 para-
graph (1). 
(6) RULE OF CONSTRUCTION.—Nothing in this subsection 
may be construed to allow the Secretary to waive any require-
ment 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 Com-
mittee 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 Comp-
troller 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;
H. R. 4348—290 
(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 con-
tract 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 con-
tracted 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 agree-
ments 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 con-
tracted out services before selecting them and the extent 
to which grant recipients conduct oversight of those serv-
ices; 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 require-
ments regarding private enterprise participation in public transpor-
tation 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 perform-
ance), 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
H. R. 4348—291 
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 subpara-
graph (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 avail-
able 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 alter-
native energy, energy efficiency, or zero emission vehicles 
and facilities used in public transportation; 
‘‘(G) target areas with high rates of unemployment; 
and
H. R. 4348—292 
‘‘(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 inter-
national 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 develop-
ments, 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 transpor-
tation 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 pro-
gram 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, individ-
uals, and the institute.
H. R. 4348—293 
‘‘(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 pro-
vides 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 Poli-
cies 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
ENVIRON-
MENTAL 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
H. R. 4348—294 
each project that may have a substantial impact on the environ-
ment. 
‘‘(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 appro-
priate 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 transpor-
tation 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 sec-
tion 5302(3)(J) from amounts made available to the recipient 
under section 5309. 
‘‘(f) SCHOOLBUS TRANSPORTATION.—
H. R. 4348—295 
‘‘(1) AGREEMENTS.—Financial assistance under this chapter 
may be used for a capital project, or to operate public transpor-
tation 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 appro-
priate. 
‘‘(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 pur-
poses 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 vehicle- 
related equipment or facilities) for purposes of complying 
with or maintaining compliance with the Clean Air Act, 
is for 90 percent of the net project cost of such equipment 
or facilities attributable to compliance with those Acts. 
The Secretary shall have discretion to determine, through 
practicable administrative procedures, the costs of such 
equipment or facilities attributable to compliance with 
those Acts. 
‘‘(2) COSTS INCURRED BY PROVIDERS OF PUBLIC TRANSPOR-
TATION 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
H. R. 4348—296 
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 pro-
vider 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 pro-
viding 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 van-
pool 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 connec-
tion 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 con-
trol, 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—
H. R. 4348—297 
‘‘(i) publish in the Federal Register and make pub-
licly 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 calcu-
lating the cost of components. 
‘‘(5) WAIVER PROHIBITED.—The Secretary may not make 
a waiver under paragraph (2) of this subsection for goods pro-
duced 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 Govern-
ment under which the Secretary has waived the require-
ment 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 Acquisi-
tion Regulation, or any successor thereto, to receive a contract 
or subcontract made with amounts authorized under the Fed-
eral Public Transportation Act of 2012 if a court or department, 
agency, or instrumentality of the Government decides the per-
son intentionally— 
‘‘(A) affixed a ‘Made in America’ label, or a label with 
an inscription having the same meaning, to goods sold 
in or shipped to the United States that are used in a 
project to which this subsection applies but not produced 
in the United States; or 
‘‘(B) represented that goods described in subparagraph 
(A) of this paragraph were produced in the United States. 
‘‘(7) STATE REQUIREMENTS.—The Secretary may not impose 
any limitation on assistance provided under this chapter that 
restricts a State from imposing more stringent requirements 
than this subsection on the use of articles, materials, and 
supplies mined, produced, or manufactured in foreign countries 
in projects carried out with that assistance or restricts a 
recipient of that assistance from complying with those State- 
imposed requirements. 
‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT ERROR.—The 
Secretary may allow a manufacturer or supplier of steel, iron, 
or manufactured goods to correct after bid opening any certifi-
cation 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
H. R. 4348—298 
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 agen-
cies 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 assist-
ance 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 post- 
delivery purchaser’s requirements certification process under sec-
tion 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 sec-
tions 5307, 5309, and 5337 apply to any project under this chapter
H. R. 4348—299 
that receives any assistance or other financing under chapter 6 
(other than section 609) of title 23. 
‘‘(p) ALTERNATIVE FUELING FACILITIES.—A recipient of assist-
ance 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 recap-
tured 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 environ-
mental 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 FACILI-
TIES.—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 require-
ments 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 oper-
ating 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—
H. R. 4348—300 
‘‘(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 agree-
ments 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 reserva-
tion 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 equip-
ment and facilities in an area directly affected by an emergency 
during— 
‘‘(A) the 1-year period beginning on the date of a dec-
laration 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 declara-
tion 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 Sec-
retary 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 sec-
tion 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 deter-
mines are necessary; and 
‘‘(2) made only for expenses that are not reimbursed under 
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 cap-
ital. 
‘‘(3) WAIVER.—The Secretary may waive, in whole or part, 
the non-Federal share required under—
H. R. 4348—301 
‘‘(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 Secu-
rity; 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 memo-
randum of agreement to coordinate the roles and responsibil-
ities 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 agree-
ment 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 sec-
tion 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 Fed-
eral agencies; and 
(ii) reimbursement procedures that speed the 
process of—
H. R. 4348—302 
(I) applying for assistance under the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act and section 5324 of title 49, United States 
Code, as amended by this Act; and 
(II) distributing assistance for public transpor-
tation systems under the Robert T. Stafford Dis-
aster 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 memo-
randum of agreement under paragraph (2), the Secretary of 
Transportation and the Secretary of Homeland Security (acting 
through the Administrator of the Federal Emergency Manage-
ment 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 pre- 
disaster emergency declaration policies. 
(6) BRIEFINGS.— 
(A) INITIAL BRIEFING.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Transpor-
tation 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 Com-
mittee on Banking, Housing, and Urban Affairs and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate on the implementation of the memo-
randum 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—
H. R. 4348—303 
‘‘(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 Transpor-
tation 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 Assess-
ment 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 assist-
ance 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;
H. R. 4348—304 
‘‘(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 estab-
lished 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 perform-
ance targets in relation to the performance measures estab-
lished by the Secretary. 
‘‘(3) REPORTS.—Each designated recipient of Federal finan-
cial 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 manage-
ment 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:
H. R. 4348—305 
‘‘(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 imple-
ment 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 transpor-
tation 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 regu-
lated by the Secretary or any other Federal agency; 
and 
‘‘(ii) to the extent practicable, take into consider-
ation— 
‘‘(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 con-
duct safety audits and examinations of public transportation
H. R. 4348—306 
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 sub-
section, 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 min-
imum— 
‘‘(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 perform-
ance criteria and state of good repair standards established 
under subparagraphs (A) and (B), respectively, of sub-
section (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.—
H. R. 4348—307 
‘‘(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 per-
sonnel 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 comple-
tion 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 over-
sight 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 guide-
way 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 guide-
way public transportation agency of the public 
transportation agency safety plan required under sub-
section (d);
H. R. 4348—308 
‘‘(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 compli-
ance 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 transpor-
tation 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 proce-
dures 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 Sec-
retary. 
‘‘(6) GRANTS.— 
‘‘(A) IN GENERAL.—The Secretary shall make grants 
to eligible States to develop or carry out State safety over-
sight 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,
H. R. 4348—309 
fixed guideway route miles, and fixed guideway vehicle 
passenger miles attributable to all rail fixed guideway 
systems not subject to regulation by the Federal Rail-
road 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 appro-
priate. 
‘‘(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 para-
graph 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-Govern-
ment 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 transpor-
tation 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 for-
mula funds to pay not more than 80 percent of the 
cost of participation in the public transportation safety 
certification training program established under sub-
section (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 require-
ments of this subsection and the State safety oversight 
program is adequate to promote the purposes of this sec-
tion. 
‘‘(B) ISSUANCE OF CERTIFICATIONS AND DENIALS.—The 
Secretary shall issue a certification to each eligible State 
that the Secretary determines under subparagraph (A) ade-
quately 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.
H. R. 4348—310 
‘‘(C) DISAPPROVAL.—If the Secretary determines that 
a State safety oversight program does not meet the require-
ments of this subsection and denies certification, the Sec-
retary shall transmit to the eligible State a written expla-
nation 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 Gov-
ernor take all possible actions to correct deficiencies 
in the program to ensure the certification of the pro-
gram; 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 sec-
tion 5307 of this title, until the State safety over-
sight program has been certified; or 
‘‘(III) require fixed guideway public transpor-
tation 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 Infra-
structure 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 over-
sight 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, examina-
tions, and testing of the equipment, facilities, rolling stock, 
and operations of the public transportation system of a 
recipient;
H. R. 4348—311 
‘‘(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 nega-
tively 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 subpara-
graph (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 preven-
tion 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
H. R. 4348—312 
‘‘(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 Secu-
rity 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 regula-
tion 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 con-
strued 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—
H. R. 4348—313 
(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 transpor-
tation 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 assist-
ance 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 assist-
ance 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 enact-
ment 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 Infra-
structure 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;
H. R. 4348—314 
(B) recommendations for improvements if the Comp-
troller General determines that improvements are nec-
essary; and 
(C) information upon which the evaluation under para-
graph (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 sub-
section (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 informa-
tion’’; 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 Transpor-
tation 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.
H. R. 4348—315 
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 multi-
plied by a ratio equal to the population of the area divided 
by the total population of all urbanized areas with popu-
lations of less than 200,000 as shown in the most recent 
decennial census; and 
‘‘(B) 50 percent of the total amount apportioned multi-
plied 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 guide-
way 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 attrib-
utable 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 attrib-
utable 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
H. R. 4348—316 
vehicle passenger miles traveled for each dollar of operating 
cost in an area; divided by 
‘‘(ii) the total number of fixed guideway vehicle pas-
senger 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 guide-
way 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 con-
tract 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 guide-
way 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 popu-
lation of all areas, as shown in the most recent decen-
nial census; and
H. R. 4348—317 
‘‘(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, estab-
lished 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 popu-
lation of all areas, as shown by the most recent decen-
nial 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, estab-
lished 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 multi-
plied 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
H. R. 4348—318 
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 obliga-
tion 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 popu-
lation 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 sec-
tion 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 defini-
tions 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 cat-
egories 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 sub-
section (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.
H. R. 4348—319 
‘‘(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 aver-
age 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 cat-
egories for which all eligible areas meet or exceed 
the industry average in urbanized areas with a popu-
lation of at least 200,000 but not more than 999,999. 
‘‘(B) DATA USED IN FORMULA.—The Secretary shall cal-
culate 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.
H. R. 4348—320 
‘‘(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 manage-
ment 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 avail-
able under section 5338(a)(2)(I), 97.15 percent shall be appor-
tioned 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.
H. R. 4348—321 
‘‘(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 sub-
section 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 appor-
tioned 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 sub-
section. 
‘‘(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
H. R. 4348—322 
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 attrib-
utable to the area, as established by the Secretary, divided 
by the total number of all high intensity motorbus direc-
tional 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 sec-
tions 5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, 
and 5340, and section 20005(b) of the Federal Public Transpor-
tation 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 avail-
able 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;
H. R. 4348—323 
‘‘(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 DEPLOY-
MENT 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.
H. R. 4348—324 
‘‘(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 appro-
priated 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 secu-
rity, 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 sub-
section. 
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made avail-
able 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 contrac-
tual obligation of the Government to pay the Government share 
of the cost of the project.
H. R. 4348—325 
‘‘(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 allo-
cated to all States and territories, with each State receiving 
$1,250,000 and each territory receiving $500,000. 
‘‘(2) DISTRIBUTION
USING
POPULATION
AND
SERVICE
FAC-
TORS.—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 allo-
cated to designated recipients in urbanized areas with a popu-
lation 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
H. R. 4348—326 
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 ‘‘Govern-
ment’’; 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 Regula-
tion)’’ and inserting ‘‘the Federal Acquisition Regulation, or any 
successor thereto’’.
H. R. 4348—327 
(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 Appro-
priations of the Senate and the Committee on Transpor-
tation and Infrastructure and the Committee on Appropria-
tions 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 subpara-
graph (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 Appro-
priations of the House of Representatives’’ and inserting ‘‘Com-
mittee on Banking, Housing, and Urban Affairs and the Com-
mittee 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.
H. R. 4348—328 
‘‘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 dis-
abilities. 
‘‘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 HIGH-
WAY 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):
H. R. 4348—329 
(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 pro-
vided 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 sub-
title 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.
H. R. 4348—330 
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 para-
graph (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 protec-
tion 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 prob-
able 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 Sec-
retary, 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)—
H. R. 4348—331 
(A) in subparagraph (D), by striking ‘‘and’’ at the end; 
(B) by redesignating subparagraph (E) as subpara-
graph (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 High-
way Safety Improvement Act of 2012 in which a State 
submits its highway safety plan under subsection (f), pro-
vide 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 Sec-
retary’’ 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 sec-
tion 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 imple-
menting 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.—
H. R. 4348—332 
‘‘(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 offi-
cers 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 demonstra-
tion 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 com-
plies 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
H. R. 4348—333 
‘‘(iii) a justification for each performance target, 
that explains why each target is appropriate and evi-
dence-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 effective-
ness 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 meas-
ures 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 Perform-
ance 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 con-
tained in the plan are evidence-based and sup-
ported by data; and 
‘‘(II) the plan, once implemented, will allow 
the State to meet the State’s performance targets. 
‘‘(ii) DISAPPROVALS.—The Secretary shall dis-
approve a State’s highway safety plan if the Secretary 
determines that— 
‘‘(I) the plan and the performance targets con-
tained in the plan are not evidence-based or sup-
ported by data; or 
‘‘(II) the plan does not provide for program-
ming of funding in a manner sufficient to allow 
the State to meet the State’s performance targets. 
‘‘(C) ACTIONS UPON DISAPPROVAL.—If the Secretary dis-
approves a State’s highway safety plan, the Secretary 
shall— 
‘‘(i) inform the State of the reasons for such dis-
approval; and
H. R. 4348—334 
‘‘(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 con-
cerning 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 sub-
section (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 preven-
tion 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 pro-
grams; 
‘‘(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 commu-
nity safety programs for teen drivers; 
‘‘(iv) creating statewide or regional websites to pub-
licize and circulate information on teen safety pro-
grams; 
‘‘(v) conducting outreach and providing educational 
resources for parents; 
‘‘(vi) establishing State or regional advisory coun-
cils 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.’’.
H. R. 4348—335 
(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 labora-
tory’ 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 Sec-
retary may conduct research and development activities, 
including demonstration projects and the collection and analysis 
of highway and motor vehicle safety data and related informa-
tion 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, motorcy-
clist, 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 high-
way and traffic safety, including— 
‘‘(i) driver education; 
‘‘(ii) impaired driving; and 
‘‘(iii) distracted driving; 
‘‘(C) an evaluation of the effectiveness of counter-
measures 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 sys-
tems; and 
‘‘(F) the effect of State laws on any aspects, activities, 
or programs described in subparagraphs (A) through (E).
H. R. 4348—336 
‘‘(2) COOPERATION, GRANTS, AND
CONTRACTS.—The Sec-
retary 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, partner-
ships, 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 Sec-
retary 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 Tech-
nology 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,
H. R. 4348—337 
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 High-
way 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 High-
way Traffic Safety Administration may carry out a collaborative 
research effort under chapter 301 of title 49 on in-vehicle tech-
nology 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 Transpor-
tation 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 ‘alcohol- 
impaired driving’ means the operation of a motor vehicle 
(as defined in section 30102(a)(6) of title 49) by an indi-
vidual 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:
H. R. 4348—338 
‘‘§ 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 sub-
section (c)). 
‘‘(C) IMPAIRED DRIVING COUNTERMEASURES.—52.5 per-
cent of the funds provided under this section in each fiscal 
year shall be allocated among States that meet the require-
ments 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 per-
cent of the funds provided under this section in each fiscal 
year shall be allocated among States that adopt and imple-
ment graduated driver licensing laws (as described in sub-
section (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
H. R. 4348—339 
expenditures from all State and local sources for pro-
grams described in those sections at or above the aver-
age 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 techni-
cians. 
‘‘(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.
H. R. 4348—340 
‘‘(III) The State has implemented counter-
measure programs for high-risk populations, such 
as drivers on rural roadways, unrestrained night-
time drivers, or teenage drivers. 
‘‘(IV) The State has enacted and enforces occu-
pant protection laws requiring front and rear occu-
pant protection use by all occupants in an age- 
appropriate restraint. 
‘‘(V) The State has implemented a comprehen-
sive 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 occu-
pant 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 enforce-
ment; 
‘‘(ii) carry out a program to train occupant protec-
tion safety professionals, police officers, fire and emer-
gency medical personnel, educators, and parents con-
cerning 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 informa-
tion 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 low- 
income 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.
H. R. 4348—341 
‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a 
State under this subsection for a fiscal year shall be in propor-
tion 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 occu-
pant restraint system consisting of integrated lap and 
shoulder belts. 
‘‘(c) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVE-
MENTS.— 
‘‘(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 com-
mittee (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
H. R. 4348—342 
specific quantifiable and measurable improvements antici-
pated in the State’s core safety databases, including crash, 
citation or adjudication, driver, emergency medical services 
or injury surveillance system, roadway, and vehicle data-
bases; 
‘‘(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 propor-
tion 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 sub-
section 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
H. R. 4348—343 
‘‘(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 low- 
range 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 profes-
sionals in handling impaired driving cases, hiring 
traffic safety resource prosecutors, hiring judicial out-
reach liaisons, and establishing driving while intoxi-
cated 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 standard-
ized 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 cri-
teria established by the National Highway Traffic 
Safety Administration;
H. R. 4348—344 
‘‘(vii) training on the use of alcohol screening and 
brief intervention; 
‘‘(viii) developing impaired driving information sys-
tems; 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 alloca-
tion 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 MANDA-
TORY 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 subpara-
graph (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 for-
mula 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 moni-
toring via an electronic monitoring device; or 
‘‘(III) by an alternate method with the concur-
rence 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
H. R. 4348—345 
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 communica-
tions 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.
H. R. 4348—346 
‘‘(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 con-
taining 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 dis-
tracted 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 Infra-
structure 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
H. R. 4348—347 
because of traffic, a traffic light or stop sign, or other-
wise; 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 wire-
less 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 commu-
nications 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 effec-
tive 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 oper-
ational skills to motorcyclists; and 
‘‘(ii) may include innovative training opportunities 
to meet unique regional needs. 
‘‘(B) MOTORCYCLISTS AWARENESS PROGRAM.—An effec-
tive 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
H. R. 4348—348 
motor vehicle crashes involving motorcycles in the State 
(expressed as a function of 10,000 motorcycle registrations). 
‘‘(D) IMPAIRED DRIVING PROGRAM.—Implementation of 
a statewide program to reduce impaired driving, including 
specific measures to reduce impaired motorcycle operation. 
‘‘(E) 
REDUCTION
OF
FATALITIES
AND
ACCIDENTS 
INVOLVING IMPAIRED MOTORCYCLISTS.—A reduction for the 
preceding calendar year in the number of fatalities and 
the rate of reported crashes involving alcohol- or drug- 
impaired motorcycle operators (expressed as a function of 
10,000 motorcycle registrations). 
‘‘(F) FEES COLLECTED FROM MOTORCYCLISTS.—All fees 
collected by the State from motorcyclists for the purposes 
of funding motorcycle training and safety programs will 
be used for motorcycle training and safety 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 motor-
cycle training to both urban and rural areas, 
including— 
‘‘(I) procurement or repair of practice motor-
cycles; 
‘‘(II) instructional materials; 
‘‘(III) mobile training units; and 
‘‘(IV) leasing or purchasing facilities for closed- 
course motorcycle skill training; 
‘‘(iii) measures designed to increase the recruit-
ment or retention of motorcyclist safety training 
instructors; and 
‘‘(iv) public awareness, public service announce-
ments, 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 incor-
porated in that State to carry out this subsection. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) MOTORCYCLIST AWARENESS.—The term ‘motorcy-
clist awareness’ means individual or collective awareness 
of— 
‘‘(i) the presence of motorcycles on or near road-
ways; 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 motorcy-
clist 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.
H. R. 4348—349 
‘‘(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 motor-
cyclist safety issues, which may include the State motor-
cycle 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 subpara-
graph 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 non-
emergency 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 expira-
tion 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 non-
emergency situation; 
‘‘(IV) restricts driving at night; 
‘‘(V) prohibits the driver from operating a 
motor vehicle with more than 1 nonfamilial pas-
senger 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 Sec-
retary 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
H. R. 4348—350 
‘‘(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 pen-
alties 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 com-
plies 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 grad-
uated 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
H. R. 4348—351 
‘‘(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 out-
reach’’ 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 deter-
mines 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 evalua-
tion 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).
H. R. 4348—352 
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 Transpor-
tation; 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 adminis-
trative 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 fre-
quently 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 IMPROVE-
MENTS.—Section 408 of title 23, United States Code, and the item 
relating to section 408 in the analysis for chapter 4, are repealed.
H. R. 4348—353 
(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.—Sec-
tion 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
H. R. 4348—354 
using a safety belt interlock designed to prevent starting or oper-
ating 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, inves-
tigate, or mitigate the condition; 
‘‘(7) the appropriateness of such penalty in relation to the 
size of the business of the person charged, including the poten-
tial 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:
H. R. 4348—355 
‘‘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 equip-
ment 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, inter-
state authorities, and nonprofit institutions; and 
‘‘(5) enter into cooperative agreements, collaborative 
research, or contracts with Federal agencies, interstate authori-
ties, State and local governments, other public entities, private 
organizations and persons, nonprofit institutions, colleges and 
universities, consumer advocacy groups, corporations, partner-
ships, sole proprietorships, trade associations, Federal labora-
tories (including government-owned, government-operated lab-
oratories and government-owned, contractor-operated labora-
tories), 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
H. R. 4348—356 
prior notice of the planning, design, or construction is provided 
to the Committees on Science, Space, and Technology and Transpor-
tation 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 esti-
mated 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 Con-
gress. 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 construc-
tion costs has occurred. 
‘‘(f) AVAILABILITY
OF INFORMATION, PATENTS, AND DEVELOP-
MENTS.—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 Administra-
tion, 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 anal-
ysis 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’’.
H. R. 4348—357 
(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, sub-
sections (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 EQUIP-
MENT. 
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
H. R. 4348—358 
(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 nec-
essary 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 peti-
tion 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 subsidi-
aries) 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 manufac-
turer 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)—
H. R. 4348—359 
(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 sam-
pling 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 con-
sultation 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.