In the Senate of the United States, 
April 24 (legislative day, April 23), 2012. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4348) entitled ‘‘An Act to provide an extension 
of Federal-aid highway, highway safety, motor carrier safety, 
transit, and other programs funded out of the Highway Trust 
Fund pending enactment of a multiyear law reauthorizing 
such programs, and for other purposes.’’, do pass with the 
following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DI-
VISIONS; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Moving Ahead for Progress in the 21st Century Act’’ or 
the ‘‘MAP–21’’. 
(b) DIVISIONS.—This Act is organized into 8 divisions 
as follows: 
(1) Division A–Federal-aid Highways and High-
way Safety Construction Programs.
† HR 4348 EAS 
(2) Division B–Public Transportation. 
(3) Division C–Transportation Safety and Sur-
face Transportation Policy. 
(4) Division D–Finance. 
(5) Division E–Research and Education. 
(6) Division F–Miscellaneous. 
(7) Division G–Air Transportation. 
(8) Division H–Budgetary Effects. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; organization of Act into divisions; table of contents. 
Sec. 2. Definitions. 
DIVISION A—FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY 
CONSTRUCTION PROGRAMS 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Definitions. 
Sec. 1104. National highway system. 
Sec. 1105. Apportionment. 
Sec. 1106. National highway performance program. 
Sec. 1107. Emergency relief. 
Sec. 1108. Transportation mobility program. 
Sec. 1109. Workforce development. 
Sec. 1110. Highway use tax evasion projects. 
Sec. 1111. National bridge and tunnel inventory and inspection standards. 
Sec. 1112. Highway safety improvement program. 
Sec. 1113. Congestion mitigation and air quality improvement program. 
Sec. 1114. Territorial and Puerto Rico highway program. 
Sec. 1115. National freight program. 
Sec. 1116. Federal lands and tribal transportation programs. 
Sec. 1117. Alaska Highway. 
Sec. 1118. Projects of national and regional significance. 
Sec. 1119. Construction of ferry boats and ferry terminal facilities. 
Subtitle B—Performance Management 
Sec. 1201. Metropolitan transportation planning. 
Sec. 1202. Statewide and nonmetropolitan transportation planning. 
Sec. 1203. National goals.
† HR 4348 EAS 
Subtitle C—Acceleration of Project Delivery 
Sec. 1301. Project delivery initiative. 
Sec. 1302. Clarified eligibility for early acquisition activities prior to completion 
of NEPA review. 
Sec. 1303. Efficiencies in contracting. 
Sec. 1304. Innovative project delivery methods. 
Sec. 1305. Assistance to affected State and Federal agencies. 
Sec. 1306. Application of categorical exclusions for multimodal projects. 
Sec. 1307. State assumption of responsibilities for categorical exclusions. 
Sec. 1308. Surface transportation project delivery program. 
Sec. 1309. Categorical exclusion for projects within the right-of-way. 
Sec. 1310. Programmatic agreements and additional categorical exclusions. 
Sec. 1311. Accelerated decisionmaking in environmental reviews. 
Sec. 1312. Memoranda of agency agreements for early coordination. 
Sec. 1313. Accelerated decisionmaking. 
Sec. 1314. Environmental procedures initiative. 
Sec. 1315. Alternative relocation payment demonstration program. 
Sec. 1316. Review of Federal project and program delivery. 
Subtitle D—Highway Safety 
Sec. 1401. Jason’s Law. 
Sec. 1402. Open container requirements. 
Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated 
or driving under the influence. 
Sec. 1404. Adjustments to penalty provisions. 
Sec. 1405. Highway worker safety. 
Subtitle E—Miscellaneous 
Sec. 1501. Program efficiencies. 
Sec. 1502. Project approval and oversight. 
Sec. 1503. Standards. 
Sec. 1504. Construction. 
Sec. 1505. Maintenance. 
Sec. 1506. Federal share payable. 
Sec. 1507. Transferability of Federal-aid highway funds. 
Sec. 1508. Special permits during periods of national emergency. 
Sec. 1509. Electric vehicle charging stations. 
Sec. 1510. HOV facilities. 
Sec. 1511. Construction equipment and vehicles. 
Sec. 1512. Use of debris from demolished bridges and overpasses. 
Sec. 1513. Extension of public transit vehicle exemption from axle weight restric-
tions. 
Sec. 1514. Uniform Relocation Assistance Act amendments. 
Sec. 1515. Use of youth service and conservation corps. 
Sec. 1516. Consolidation of programs; repeal of obsolete provisions. 
Sec. 1517. Rescissions. 
Sec. 1518. State autonomy for culvert pipe selection. 
Sec. 1519. Effective and significant performance measures. 
Sec. 1520. Requirements for eligible bridge projects. 
Sec. 1521. Idle reduction technology. 
Sec. 1522. Report on Highway Trust Fund expenditures. 
Sec. 1523. Evacuation routes.
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Sec. 1524. Defense access road program enhancements to address transportation 
infrastructure in the vicinity of military installations. 
Sec. 1525. Express lanes demonstration program. 
Sec. 1526. Treatment of historic signs. 
Sec. 1527. Consolidation of grants. 
Sec. 1528. Buy America provisions. 
Sec. 1529. Exemptions from requirements for certain farm vehicles. 
Sec. 1530. Appalachian development highway system. 
Sec. 1531. Denali Commission. 
Sec. 1532. Updated corrosion control and prevention report. 
Sec. 1533. Harbor Maintenance trust fund. 
Sec. 1534. Enrichment technology and intellectual property. 
Sec. 1535. Sense of Senate concerning expenditious completion of environmental 
reviews, approvals, licensing, and permit requirements. 
Subtitle F—Gulf Coast Restoration 
Sec. 1601. Short title. 
Sec. 1602. Gulf Coast Restoration Trust Fund. 
Sec. 1603. Gulf Coast natural resources restoration and economic recovery. 
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, 
and Technology Program. 
Sec. 1605. Effect. 
Subtitle G—Land and Water Conservation Fund 
Sec. 1701. Land and water conservation fund. 
Subtitle H—Offsets 
Sec. 1801. Delay in application of worldwide interest. 
TITLE II—AMERICA FAST FORWARD FINANCING INNOVATION 
Sec. 2001. Short title. 
Sec. 2002. Transportation Infrastructure Finance and Innovation Act amend-
ments. 
Sec. 2003. State infrastructure banks. 
TITLE III—HIGHWAY SPENDING CONTROLS 
Sec. 3001. Highway spending controls. 
DIVISION B—PUBLIC TRANSPORTATION 
Sec. 20001. Short title. 
Sec. 20002. Repeals. 
Sec. 20003. Policies, purposes, and goals. 
Sec. 20004. Definitions. 
Sec. 20005. Metropolitan transportation planning. 
Sec. 20006. Statewide and nonmetropolitan transportation planning. 
Sec. 20007. Public Transportation Emergency Relief Program. 
Sec. 20008. Urbanized area formula grants. 
Sec. 20009. Clean fuel grant program. 
Sec. 20010. Fixed guideway capital investment grants. 
Sec. 20011. Formula grants for the enhanced mobility of seniors and individuals 
with disabilities. 
Sec. 20012. Formula grants for other than urbanized areas.
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Sec. 20013. Research, development, demonstration, and deployment projects. 
Sec. 20014. Technical assistance and standards development. 
Sec. 20015. Bus testing facilities. 
Sec. 20016. Public transportation workforce development and human resource 
programs. 
Sec. 20017. General provisions. 
Sec. 20018. Contract requirements. 
Sec. 20019. Transit asset management. 
Sec. 20020. Project management oversight. 
Sec. 20021. Public transportation safety. 
Sec. 20022. Alcohol and controlled substances testing. 
Sec. 20023. Nondiscrimination. 
Sec. 20024. Labor standards. 
Sec. 20025. Administrative provisions. 
Sec. 20026. National transit database. 
Sec. 20027. Apportionment of appropriations for formula grants. 
Sec. 20028. State of good repair grants. 
Sec. 20029. Authorizations. 
Sec. 20030. Apportionments based on growing States and high density States for-
mula factors. 
Sec. 20031. Technical and conforming amendments. 
DIVISION C—TRANSPORTATION SAFETY AND SURFACE 
TRANSPORTATION POLICY 
TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT 
ACT OF 2012 
Sec. 31001. Short title. 
Sec. 31002. Definition. 
Subtitle A—Highway Safety 
Sec. 31101. Authorization of appropriations. 
Sec. 31102. Highway safety programs. 
Sec. 31103. Highway safety research and development. 
Sec. 31104. National driver register. 
Sec. 31105. Combined occupant protection grants. 
Sec. 31106. State traffic safety information system improvements. 
Sec. 31107. Impaired driving countermeasures. 
Sec. 31108. Distracted driving grants. 
Sec. 31109. High visibility enforcement program. 
Sec. 31110. Motorcyclist safety. 
Sec. 31111. Driver alcohol detection system for safety research. 
Sec. 31112. State graduated driver licensing laws. 
Sec. 31113. Agency accountability. 
Sec. 31114. Emergency medical services. 
Subtitle B—Enhanced Safety Authorities 
Sec. 31201. Definition of motor vehicle equipment. 
Sec. 31202. Permit reminder system for non-use of safety belts. 
Sec. 31203. Civil penalties. 
Sec. 31204. Motor vehicle safety research and development. 
Sec. 31205. Odometer requirements. 
Sec. 31206. Increased penalties and damages for odometer fraud.
† HR 4348 EAS 
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equip-
ment to defective vehicles and equipment. 
Sec. 31208. Financial responsibility requirements for importers. 
Sec. 31209. Conditions on importation of vehicles and equipment. 
Sec. 31210. Port inspections; samples for examination or testing. 
Subtitle C—Transparency and Accountability 
Sec. 31301. Improved National Highway Traffic Safety Administration vehicle 
safety database. 
Sec. 31302. National Highway Traffic Safety Administration hotline for manu-
facturer, dealer, and mechanic personnel. 
Sec. 31303. Consumer notice of software updates and other communications with 
dealers. 
Sec. 31304. Public availability of early warning data. 
Sec. 31305. Corporate responsibility for National Highway Traffic Safety Ad-
ministration reports. 
Sec. 31306. Passenger motor vehicle information program. 
Sec. 31307. Promotion of vehicle defect reporting. 
Sec. 31308. Whistleblower protections for motor vehicle manufacturers, part sup-
pliers, and dealership employees. 
Sec. 31309. Anti-revolving door. 
Sec. 31310. Study of crash data collection. 
Sec. 31311. Update means of providing notification; improving efficacy of recalls. 
Sec. 31312. Expanding choices of remedy available to manufacturers of replace-
ment equipment. 
Sec. 31313. Recall obligations and bankruptcy of manufacturer. 
Sec. 31314. Repeal of insurance reports and information provision. 
Sec. 31315. Monroney sticker to permit additional safety rating categories. 
Subtitle D—Vehicle Electronics and Safety Standards 
Sec. 31401. National Highway Traffic Safety Administration electronics, soft-
ware, and engineering expertise. 
Sec. 31402. Vehicle stopping distance and brake override standard. 
Sec. 31403. Pedal placement standard. 
Sec. 31404. Electronic systems performance standard. 
Sec. 31405. Pushbutton ignition systems standard. 
Sec. 31406. Vehicle event data recorders. 
Sec. 31407. Prohibition on electronic visual entertainment in driver’s view. 
Sec. 31408. Commercial motor vehicle rollover prevention and crash mitigation. 
Subtitle E—Child Safety Standards 
Sec. 31501. Child safety seats. 
Sec. 31502. Child restraint anchorage systems. 
Sec. 31503. Rear seat belt reminders. 
Sec. 31504. Unattended passenger reminders. 
Sec. 31505. New deadline. 
Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural 
Equipment 
Sec. 31601. Rulemaking on visibility of agricultural equipment.
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TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT 
ACT OF 2012 
Sec. 32001. Short title. 
Sec. 32002. References to title 49, United States Code. 
Subtitle A—Commercial Motor Vehicle Registration 
Sec. 32101. Registration of motor carriers. 
Sec. 32102. Safety fitness of new operators. 
Sec. 32103. Reincarnated carriers. 
Sec. 32104. Financial responsibility requirements. 
Sec. 32105. USDOT number registration requirement. 
Sec. 32106. Registration fee system. 
Sec. 32107. Registration update. 
Sec. 32108. Increased penalties for operating without registration. 
Sec. 32109. Revocation of registration for imminent hazard. 
Sec. 32110. Revocation of registration and other penalties for failure to respond 
to subpoena. 
Sec. 32111. Fleetwide out of service order for operating without required registra-
tion. 
Sec. 32112. Motor carrier and officer patterns of safety violations. 
Sec. 32113. Federal successor standard. 
Subtitle B—Commercial Motor Vehicle Safety 
Sec. 32201. Repeal of commercial jurisdiction exception for brokers of motor car-
riers of passengers. 
Sec. 32202. Bus rentals and definition of employer. 
Sec. 32203. Crashworthiness standards. 
Sec. 32204. Canadian safety rating reciprocity. 
Sec. 32205. State reporting of foreign commercial driver convictions. 
Sec. 32206. Authority to disqualify foreign commercial drivers. 
Sec. 32207. Revocation of foreign motor carrier operating authority for failure to 
pay civil penalties. 
Sec. 32208. Rental truck accident study. 
Subtitle C—Driver Safety 
Sec. 32301. Electronic on-board recording devices. 
Sec. 32302. Safety fitness. 
Sec. 32303. Driver medical qualifications. 
Sec. 32304. Commercial driver’s license notification system. 
Sec. 32305. Commercial motor vehicle operator training. 
Sec. 32306. Commercial driver’s license program. 
Sec. 32307. Commercial driver’s license requirements. 
Sec. 32308. Commercial motor vehicle driver information systems. 
Sec. 32309. Disqualifications based on non-commercial motor vehicle operations. 
Sec. 32310. Federal driver disqualifications. 
Sec. 32311. Employer responsibilities. 
Sec. 32312. Improving and expediting safety assessments in the commercial driv-
er’s license application process for members and former members 
of the Armed Forces. 
Subtitle D—Safe Roads Act of 2012 
Sec. 32401. Short title.
† HR 4348 EAS 
Sec. 32402. National clearinghouse for controlled substance and alcohol test re-
sults of commercial motor vehicle operators. 
Sec. 32403. Drug and alcohol violation sanctions. 
Sec. 32404. Authorization of appropriations. 
Subtitle E—Enforcement 
Sec. 32501. Inspection demand and display of credentials. 
Sec. 32502. Out of service penalty for denial of access to records. 
Sec. 32503. Penalties for violation of operation out of service orders. 
Sec. 32504. Minimum prohibition on operation for unfit carriers. 
Sec. 32505. Minimum out of service penalties. 
Sec. 32506. Impoundment and immobilization of commercial motor vehicles for 
imminent hazard. 
Sec. 32507. Increased penalties for evasion of regulations. 
Sec. 32508. Failure to pay civil penalty as a disqualifying offense. 
Sec. 32509. Violations relating to commercial motor vehicle safety regulation and 
operators. 
Sec. 32510. Emergency disqualification for imminent hazard. 
Sec. 32511. Intrastate operations of interstate motor carriers. 
Sec. 32512. Enforcement of safety laws and regulations. 
Sec. 32513. Disclosure to State and local law enforcement agencies. 
Sec. 32514. Grade crossing safety regulations. 
Subtitle F—Compliance, Safety, Accountability 
Sec. 32601. Compliance, safety, accountability. 
Sec. 32602. Performance and registration information systems management pro-
gram. 
Sec. 32603. Commercial motor vehicle defined. 
Sec. 32604. Driver safety fitness ratings. 
Sec. 32605. Uniform electronic clearance for commercial motor vehicle inspec-
tions. 
Sec. 32606. Authorization of appropriations. 
Sec. 32607. High risk carrier reviews. 
Sec. 32608. Data and technology grants. 
Sec. 32609. Driver safety grants. 
Sec. 32610. Commercial vehicle information systems and networks. 
Subtitle G—Motorcoach Enhanced Safety Act of 2012 
Sec. 32701. Short title. 
Sec. 32702. Definitions. 
Sec. 32703. Regulations for improved occupant protection, passenger evacuation, 
and crash avoidance. 
Sec. 32704. Standards for improved fire safety. 
Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire ex-
tinguisher research and testing. 
Sec. 32706. Motorcoach registration. 
Sec. 32707. Improved oversight of motorcoach service providers. 
Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of 
certification of training programs. 
Sec. 32709. Report on driver’s license requirements for 9- to 15-passenger vans. 
Sec. 32710. Event data recorders. 
Sec. 32711. Safety inspection program for commercial motor vehicles of pas-
sengers.
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Sec. 32712. Distracted driving. 
Sec. 32713. Regulations. 
Subtitle H—Safe Highways and Infrastructure Preservation 
Sec. 32801. Comprehensive truck size and weight limits study. 
Sec. 32802. Compilation of existing State truck size and weight limit laws. 
Subtitle I—Miscellaneous 
PART I—MISCELLANEOUS 
Sec. 32911. Detention time study. 
Sec. 32912. Prohibition of coercion. 
Sec. 32913. Motor carrier safety advisory committee. 
Sec. 32914. Waivers, exemptions, and pilot programs. 
Sec. 32915. Registration requirements. 
Sec. 32916. Additional motor carrier registration requirements. 
Sec. 32917. Registration of freight forwarders and brokers. 
Sec. 32918. Effective periods of registration. 
Sec. 32919. Financial security of brokers and freight forwarders. 
Sec. 32920. Unlawful brokerage activities. 
PART II—HOUSEHOLD GOODS TRANSPORTATION 
Sec. 32921. Additional registration requirements for household goods motor car-
riers. 
Sec. 32922. Failure to give up possession of household goods. 
Sec. 32923. Settlement authority. 
Sec. 32924. Household goods transportation assistance program. 
Sec. 32925. Household goods consumer education program. 
PART III—TECHNICAL AMENDMENTS 
Sec. 32931. Update of obsolete text. 
Sec. 32932. Correction of interstate commerce commission references. 
Sec. 32933. Technical and conforming amendments. 
TITLE III—SURFACE TRANSPORTATION AND FREIGHT POLICY ACT 
OF 2012 
Sec. 33001. Short title. 
Sec. 33002. Establishment of a national surface transportation and freight policy. 
Sec. 33003. Surface transportation and freight strategic plan. 
Sec. 33004. Transportation investment data and planning tools. 
Sec. 33005. Port infrastructure development initiative. 
Sec. 33006. Safety for motorized and nonmotorized users. 
Sec. 33007. Buy America waiver requirements. 
Sec. 33008. Make it in America Initiative. 
Sec. 33009. Capacity-building for natural disasters and extreme weather. 
Sec. 33010. Toll fairness study. 
TITLE IV—HAZARDOUS MATERIALS TRANSPORTATION SAFETY 
IMPROVEMENT ACT OF 2012 
Sec. 34001. Short title. 
Sec. 34002. Definition. 
Sec. 34003. References to title 49, United States Code.
† HR 4348 EAS 
Sec. 34004. Training for emergency responders. 
Sec. 34005. Paperless Hazard Communications Pilot Program. 
Sec. 34006. Improving data collection, analysis, and reporting. 
Sec. 34007. Loading and unloading of hazardous materials. 
Sec. 34008. Hazardous material technical assessment, research and development, 
and analysis program. 
Sec. 34009. Hazardous Material Enforcement Training Program. 
Sec. 34010. Inspections. 
Sec. 34011. Civil penalties. 
Sec. 34012. Reporting of fees. 
Sec. 34013. Special permits, approvals, and exclusions. 
Sec. 34014. Highway routing disclosures. 
Sec. 34015. Authorization of appropriations. 
TITLE V—NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, 
AND DEVELOPMENT ACT OF 2012 
Sec. 35001. Short title. 
Sec. 35002. References to title 49, United States Code. 
Subtitle A—Federal and State Roles in Rail Planning and Development Tools 
Sec. 35101. Rail plans. 
Sec. 35102. Improved data on delay. 
Sec. 35103. Data and modeling. 
Sec. 35104. Shared-use corridor study. 
Sec. 35105. Cooperative equipment pool. 
Sec. 35106. Project management oversight and planning. 
Sec. 35107. Improvements to the Capital Assistance Programs. 
Sec. 35108. Liability. 
Sec. 35109. Disadvantaged business enterprises. 
Sec. 35110. Workforce development. 
Sec. 35111. Veterans employment. 
Subtitle B—Amtrak 
Sec. 35201. State-supported routes. 
Sec. 35202. Northeast corridor infrastructure and operations advisory commis-
sion. 
Sec. 35203. Northeast corridor high-speed rail improvement plan. 
Sec. 35204. Northeast corridor environmental review process. 
Sec. 35205. Delegation authority. 
Sec. 35206. Amtrak inspector general. 
Sec. 35207. Compensation for private-sector use of Federally-funded assets. 
Sec. 35208. On-time performance. 
Sec. 35209. Board of directors. 
Sec. 35210. Amtrak. 
Subtitle C—Rail Safety Improvements 
Sec. 35301. Positive train control. 
Sec. 35302. Additional eligibility for railroad rehabilitation and improvement fi-
nancing. 
Sec. 35303. FCC study of spectrum availability.
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Subtitle D—Freight Rail 
Sec. 35401. Rail line relocation. 
Sec. 35402. Compilation of complaints. 
Sec. 35403. Maximum relief in certain rate cases. 
Sec. 35404. Rate review timelines. 
Sec. 35405. Revenue adequacy study. 
Sec. 35406. Quarterly reports. 
Sec. 35407. Workforce review. 
Sec. 35408. Railroad rehabilitation and improvement financing. 
Subtitle E—Technical Corrections 
Sec. 35501. Technical corrections. 
Sec. 35502. Condemnation authority. 
Subtitle F—Licensing and Insurance Requirements for Passenger Rail Carriers 
Sec. 35601. Certification of passenger rail carriers. 
TITLE VI—SPORT FISH RESTORATION AND RECREATIONAL 
BOATING SAFETY ACT OF 2012 
Sec. 36001. Short title. 
Sec. 36002. Amendment of Federal Aid in Sport Fish Restoration Act. 
TITLE VII—MISCELLANEOUS 
Sec. 37001. Aircraft noise abatement. 
DIVISION D—FINANCE 
Sec. 40001. Short title. 
TITLE I—EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 
AUTHORITY AND RELATED TAXES 
Sec. 40101. Extension of trust fund expenditure authority. 
Sec. 40102. Extension of highway-related taxes. 
TITLE II—OTHER PROVISIONS 
Sec. 40201. Temporary increase in small issuer exception to tax-exempt interest 
expense allocation rules for financial institutions. 
Sec. 40202. Temporary modification of alternative minimum tax limitations on 
tax-exempt bonds. 
Sec. 40203. Issuance of TRIP bonds by State infrastructure banks. 
Sec. 40204. Extension of parity for exclusion from income for employer-provided 
mass transit and parking benefits. 
Sec. 40205. Exempt-facility bonds for sewage and water supply facilities. 
TITLE III—REVENUE PROVISIONS 
Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund to 
Highway Trust Fund. 
Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund financing 
rate transferred to Highway Trust Fund. 
Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund. 
Sec. 40304. Revocation or denial of passport in case of certain unpaid taxes.
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Sec. 40305. 100 percent continuous levy on payments to Medicare providers and 
suppliers. 
Sec. 40306. Transfer of amounts attributable to certain duties on imported vehi-
cles into the Highway Trust Fund. 
Sec. 40307. Treatment of securities of a controlled corporation exchanged for as-
sets in certain reorganizations. 
Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan Accounts. 
Sec. 40309. Depreciation and amortization rules for highway and related prop-
erty subject to long-term leases. 
Sec. 40310. Extension for transfers of excess pension assets to retiree health ac-
counts. 
Sec. 40311. Transfer of excess pension assets to retiree group term life insurance 
accounts. 
Sec. 40312. Pension funding stabilization. 
Sec. 40313. Additional transfers to Highway Trust Fund. 
Sec. 40314. Transfers to Federal Old-Age and Survivors Insurance Trust Fund 
and Federal Disability Insurance Trust Fund. 
DIVISION E—RESEARCH AND EDUCATION 
Sec. 50001. Short title. 
TITLE I—FUNDING 
Sec. 51001. Authorization of appropriations. 
TITLE II—RESEARCH, TECHNOLOGY, AND EDUCATION 
Sec. 52001. Research, technology, and education. 
Sec. 52002. Surface transportation research, development, and technology. 
Sec. 52003. Research and technology development and deployment. 
Sec. 52004. Training and education. 
Sec. 52005. State planning and research. 
Sec. 52006. International highway transportation program. 
Sec. 52007. Surface transportation environmental cooperative research program. 
Sec. 52008. National cooperative freight research. 
Sec. 52009. Prize authority. 
Sec. 52010. University transportation centers program. 
Sec. 52011. Bureau of transportation statistics. 
Sec. 52012. Administrative authority. 
Sec. 52013. Transportation research and development strategic planning. 
TITLE III—INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH 
Sec. 53001. Use of funds for its activities. 
Sec. 53002. Goals and purposes. 
Sec. 53003. General authorities and requirements. 
Sec. 53004. Research and development. 
Sec. 53005. National architecture and standards. 
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications sys-
tems deployment.
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DIVISION F—MISCELLANEOUS 
TITLE I—REAUTHORIZATION OF CERTAIN PROGRAMS 
Subtitle A—Secure Rural Schools and Community Self-determination Program 
Sec. 100101. Secure Rural Schools and Community Self-Determination Program. 
Subtitle B—Payment in Lieu of Taxes Program 
Sec. 100111. Payments in lieu of taxes. 
Subtitle C—Offsets 
Sec. 100112. Tax reporting for life settlement transactions. 
Sec. 100113. Clarification of tax basis of life insurance contracts. 
Sec. 100114. Exception to transfer for valuable consideration rules. 
Sec. 100115. Phased retirement authority. 
Sec. 100116. Roll-your-own cigarette machines. 
TITLE II—STOP TAX HAVEN ABUSE 
Sec. 100201. Authorizing special measures against foreign jurisdictions, financial 
institutions, and others that significantly impede United States 
tax enforcement. 
DIVISION G—AIR TRANSPORTATION 
Sec. 100301. Technical corrections relating to overflights of National Parks. 
DIVISION H—BUDGETARY EFFECTS 
Sec. 100401. Budgetary effects. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation.
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DIVISION A—FEDERAL-AID HIGH-
WAYS AND HIGHWAY SAFETY 
CONSTRUCTION PROGRAMS 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the 
national highway performance program under section 
119 of title 23, United States Code, the transportation 
mobility program under section 133 of that title, the 
highway safety improvement program under section 
148 of that title, the congestion mitigation and air 
quality improvement program under section 149 of 
that title, the national freight program under section 
167 of that title, and to carry out section 134 of that 
title— 
(A) $39,143,000,000 for fiscal year 2012; 
and 
(B) $39,806,000,000 for fiscal year 2013.
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(2) TRANSPORTATION INFRASTRUCTURE FINANCE 
AND
INNOVATION
PROGRAM.—For credit assistance 
under the transportation infrastructure finance and 
innovation program under chapter 6 of title 23, 
United States Code, $1,000,000,000 for each of fiscal 
years 2012 and 2013. 
(3) FEDERAL
LANDS
AND
TRIBAL
TRANSPOR-
TATION PROGRAMS.— 
(A) TRIBAL TRANSPORTATION PROGRAM.— 
For the tribal transportation program under sec-
tion 202 of title 23, United States Code, 
$450,000,000 for each of fiscal years 2012 and 
2013. 
(B) FEDERAL LANDS TRANSPORTATION PRO-
GRAM.—For the Federal lands transportation 
program under section 203 of title 23, United 
States Code, $300,000,000 for each of fiscal years 
2012 and 2013, of which $260,000,000 of the 
amount made available for each fiscal year shall 
be the amount for the National Park Service and 
the United States Fish and Wildlife Service. 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under sec-
tion 204 of title 23, United States Code,
† HR 4348 EAS 
$250,000,000 for each of fiscal years 2012 and 
2013. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico high-
way program under section 165 of title 23, United 
States Code, $180,000,000 for each of fiscal years 
2012 and 2013. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
concern (as the term is used in section 3 of 
the Small Business Act (15 U.S.C. 632)). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any con-
cern or group of concerns controlled by the 
same socially and economically disadvan-
taged individual or individuals that have 
average annual gross receipts during the 
preceding 3 fiscal years in excess of 
$22,410,000, as adjusted annually by the 
Secretary for inflation.
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(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘socially 
and economically disadvantaged individuals’’ 
means— 
(i) women; and 
(ii) any other socially and economi-
cally disadvantaged individuals (as the 
term is used in section 8(d) of the Small 
Business Act (15 U.S.C. 637(d)) and rel-
evant subcontracting regulations promul-
gated pursuant to that Act). 
(2) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary deter-
mines otherwise, not less than 10 percent of the 
amounts made available for any program under divi-
sions A and B of this Act and section 403 of title 23, 
United States Code, shall be expended through small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (2) in 
the State, including the location of the small 
business concerns in the State; and
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(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for the 
purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) shall 
include, with respect to a potential small busi-
ness concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment;
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(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; 
and 
(x) analyses of the type of work pre-
ferred. 
(5) REPORTING.—The Secretary shall establish 
minimum requirements for use by State governments 
in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Secretary 
determines to be appropriate for the proper mon-
itoring of the disadvantaged business enterprise 
program. 
(6) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under divisions A and B of this Act and section 403 
of title 23, United States Code, if the entity or person 
is prevented, in whole or in part, from complying 
with paragraph (2) because a Federal court issues a
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final order in which the court finds that a require-
ment or the implementation of paragraph (2) is un-
constitutional. 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (e), 
and notwithstanding any other provision of law, the obliga-
tions for Federal-aid highway and highway safety construc-
tion programs shall not exceed— 
(1) $41,564,000,000 for fiscal year 2012; and 
(2) $42,227,000,000 for fiscal year 2013. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation As-
sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 
2714); 
(3) section 9 of the Federal-Aid Highway Act of 
1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (101 Stat. 198);
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(6) sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 
Stat. 2027); 
(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the 
Transportation Equity Act for the 21st Century (112 
Stat. 107) or subsequent Acts for multiple years or to 
remain available until expended, but only to the ex-
tent that the obligation authority has not lapsed or 
been used; 
(10) section 105 of title 23, United States Code 
(but, for each of fiscal years 2005 through 2011, only 
in an amount equal to $639,000,000 for each of those 
fiscal years); 
(11) section 1603 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1248), to the extent that funds 
obligated in accordance with that section were not 
subject to a limitation on obligations at the time at
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which the funds were initially made available for ob-
ligation; and 
(12) section 119 of title 23, United States Code 
(but, for each of fiscal years 2012 through 2013, only 
in an amount equal to $639,000,000 for each of those 
fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 
each of fiscal years 2012 through 2013, the Secretary— 
(1) shall not distribute obligation authority pro-
vided by subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative 
expenses and programs by section 104(a) of title 
23, United States Code; and 
(B) amounts authorized for the Bureau of 
Transportation Statistics; 
(2) shall not distribute an amount of obligation 
authority provided by subsection (a) that is equal to 
the unobligated balance of amounts— 
(A) made available from the Highway Trust 
Fund (other than the Mass Transit Account) for 
Federal-aid highway and highway safety con-
struction programs for previous fiscal years the 
funds for which are allocated by the Secretary 
(or apportioned by the Secretary under sections 
202 or 204 of title 23, United States Code); and
† HR 4348 EAS 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by 
subsection (a) for the fiscal year, less the aggre-
gate of amounts not distributed under para-
graphs (1) and (2) of this subsection; bears to 
(B) the total of the sums authorized to be 
appropriated for the Federal-aid highway and 
highway safety construction programs (other 
than sums authorized to be appropriated for pro-
visions of law described in paragraphs (1) 
through (11) of subsection (b) and sums author-
ized to be appropriated for section 119 of title 
23, United States Code, equal to the amount re-
ferred to in subsection (b)(12) for the fiscal 
year), less the aggregate of the amounts not dis-
tributed under paragraphs (1) and (2) of this 
subsection; 
(4) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
each of the programs (other than programs to which 
paragraph (1) applies) that are allocated by the Sec-
retary under this Act and title 23, United States
† HR 4348 EAS 
Code, or apportioned by the Secretary under sections 
202 or 204 of that title, by multiplying— 
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal year; 
and 
(5) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2) and the 
amounts distributed under paragraph (4), for Fed-
eral-aid highway and highway safety construction 
programs that are apportioned by the Secretary 
under title 23, United States Code (other than the 
amounts apportioned for the national highway per-
formance program in section 119 of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(12) and the amounts appor-
tioned under section 204 of that title) in the propor-
tion that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned under title 
23, United States Code, to each State for the fis-
cal year; bears to
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(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2012 through 
2013— 
(1) revise a distribution of the obligation author-
ity made available under subsection (c) if an amount 
distributed cannot be obligated during that fiscal 
year; and 
(2) redistribute sufficient amounts to those States 
able to obligate amounts in addition to those pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
ances of funds apportioned under sections 144 (as in 
effect on the day before the date of enactment of this 
Act) and 104 of title 23, United States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for trans-
portation research programs carried out under—
† HR 4348 EAS 
(A) chapter 5 of title 23, United States 
Code; and 
(B) division E of this Act. 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fiscal 
years; and 
(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
aid highway and highway safety construction 
programs for future fiscal years. 
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2012 through 
2013, the Secretary shall distribute to the States any 
funds (excluding funds authorized for the program 
under section 202 of title 23, United States Code) 
that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be al-
located to the States (or will not be apportioned
† HR 4348 EAS 
‘‘(I) Archaeological planning and research. 
‘‘(J) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to— 
‘‘(i) address stormwater management, 
control, and water pollution prevention or 
abatement related to highway construction 
or due to highway runoff, including activi-
ties described in sections 133(b)(11), 328(a), 
and 329; or 
‘‘(ii) reduce vehicle-caused wildlife 
mortality or to restore and maintain 
connectivity among terrestrial or aquatic 
habitats.’’; and 
(14) by inserting after paragraph (29) (as so re-
designated) the following: 
‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.— 
‘‘(A) IN
GENERAL.—The term ‘transpor-
tation systems management and operations’ 
means integrated strategies to optimize the per-
formance of existing infrastructure through the 
implementation of multimodal and intermodal, 
cross-jurisdictional systems, services, and projects 
designed to preserve capacity and improve secu-
† HR 4348 EAS 
‘‘(I) is constructed to the geo-
metric and construction standards for 
the Interstate System; and 
‘‘(II) has been designated as a 
route on the Interstate System. 
‘‘(C) FINANCIAL
RESPONSIBILITY.—Except 
as provided in this title, the designation of a 
highway under this paragraph shall create no 
additional Federal financial responsibility with 
respect to the highway. 
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Interstate System shall 
not be considered to be a historic site under sec-
tion 303 of title 49 or section 138 of this title, 
regardless of whether the Interstate System or 
portions or elements of the Interstate System are 
listed on, or eligible for listing on, the National 
Register of Historic Places. 
‘‘(B) INDIVIDUAL
ELEMENTS.—Subject to 
subparagraph (C)— 
‘‘(i) the Secretary shall determine, 
through the administrative process estab-
lished for exempting the Interstate System 
from section 106 of the National Historic
† HR 4348 EAS 
‘‘(i) a fully access-controlled highway 
designated as a part of the National High-
way System; or 
‘‘(ii) in areas with a population of less 
than 200,000, a federal-aid highway des-
ignated as part of the National Highway 
System; 
‘‘(B) the construction or improvements will 
enhance the level of service on the highway de-
scribed in subparagraph (A) and improve re-
gional traffic flow; and 
‘‘(C) the construction or improvements are 
more cost-effective, as determined by benefit-cost 
analysis, than an improvement to the highway 
described in subparagraph (A). 
‘‘(d) ALLOCATIONS
OF
APPORTIONED
FUNDS
TO 
AREAS BASED ON POPULATION.— 
‘‘(1) CALCULATION.—Of the funds apportioned to 
a State under section 104(b)(2)— 
‘‘(A) 50 percent for a fiscal year shall be ob-
ligated under this section, in proportion to their 
relative shares of the population of the State— 
‘‘(i) in urbanized areas of the State 
with an urbanized area population of over 
200,000;
925 
† HR 4348 EAS 
‘‘§ 5340. Apportionments based on growing States and 
high density States formula factors 
‘‘(a) DEFINITION.—In this section, the term ‘State’ 
shall mean each of the 50 States of the United States. 
‘‘(b) ALLOCATION.—Of the amounts made available for 
each fiscal year under section 5338(a)(2)(N), the Secretary 
shall apportion— 
‘‘(1) 50 percent to States and urbanized areas in 
accordance with subsection (c); and 
‘‘(2) 50 percent to States and urbanized areas in 
accordance with subsection (d). 
‘‘(c) GROWING STATE APPORTIONMENTS.— 
‘‘(1) APPORTIONMENT
AMONG
STATES.—The 
amounts apportioned under subsection (b)(1) shall 
provide each State with an amount equal to the total 
amount apportioned multiplied by a ratio equal to 
the population of that State forecast for the year that 
is 15 years after the most recent decennial census, di-
vided by the total population of all States forecast for 
the year that is 15 years after the most recent decen-
nial census. Such forecast shall be based on the popu-
lation trend for each State between the most recent 
decennial census and the most recent estimate of pop-
ulation made by the Secretary of Commerce.