749 
of the National Historic Preservation Act (16 U.S.C. 470f 
or 470h–2) by virtue of being listed as a resource in, or 
eligible for listing in, the National Register of Historic 
Places. At the discretion of the Secretary, with the advice 
of the Department of the Interior, significant individual 
elements of a railroad such as depots and major bridges 
would be subject to such section 106 or 110. 
‘‘§ 22908. Categorical exclusion 
‘‘(a) TREATMENT
OF RAIL PROJECTS.—The Sec-
retary shall, for the purposes of this title, treat a rail 
project as a class of action categorically excluded from the 
requirements relating to the environmental assessment 
process or the preparation of environmental impact state-
ments under the standards promulgated by the Council 
on Environmental Quality (40 C.F.R. 1508.4), if such rail 
project— 
‘‘(1) replaces or maintains existing railroad 
equipment; track and bridge structures; electrifica-
tion, communication, signaling, or security facilities; 
stations; maintenance-of-way and maintenance-of- 
equipment bases; or other existing railroad-related 
facilities; 
‘‘(2) is a rail line addition of any length within 
an existing right of way; 
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‘‘(3) is related to the implementation of positive 
train control systems, as required by section 20157 
of title 49, United States Code; or 
‘‘(4) replaces, reconstructs, or rehabilitates an 
existing railroad bridge, including replacement of a 
culvert, that does not require the acquisition of a 
significant amount of right-of-way. 
‘‘(b) ADDITIONAL ACTIONS.—If a rail project quali-
fies for categorical exclusion under this section except for 
additional actions that do not fit in the relevant category, 
the rail project may be categorically excluded if the Sec-
retary determines, based on information provided by the 
project sponsor, that the additional actions meet the 
standards for categorical exclusion promulgated by the 
Council on Environmental Quality (40 C.F.R. 1508.4). 
‘‘(c) OTHER OPERATING ADMINISTRATIONS’ CAT-
EGORICAL EXCLUSIONS.—If a rail project would be eligi-
ble for categorical exclusion from the requirements relat-
ing to the environmental assessment process or the prepa-
ration of environmental impact statements by another op-
erating administration of the Department of Transpor-
tation, the Federal Railroad Administration may categori-
cally exclude the rail project. 
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‘‘§ 22909. State assumption of responsibility for cat-
egorical exclusions 
‘‘(a) CATEGORICAL EXCLUSION DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Secretary may assign, 
and a State may assume, responsibility for deter-
mining whether certain designated activities are in-
cluded within classes of action identified by the Sec-
retary that are categorically excluded from require-
ments for environmental assessments or environ-
mental impact statements pursuant to regulations 
promulgated by the Council on Environmental Qual-
ity under part 1500 of title 40, Code of Federal 
Regulations (as in effect on October 1, 2003). 
‘‘(2) SCOPE OF AUTHORITY.—A determination 
described in paragraph (1) shall be made by a State 
in accordance with criteria established by the Sec-
retary and for any type of activity for which a cat-
egorical exclusion classification is appropriate. 
‘‘(3) CRITERIA.—The criteria under paragraph 
(2) shall include provisions for public availability of 
information consistent with section 552 of title 5 
and the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(4) PRESERVATION
OF
FLEXIBILITY.—The 
Secretary shall not require a State, as a condition of 
assuming responsibility under this section, to forego 
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project delivery methods that are otherwise permis-
sible for rail projects. 
‘‘(b) OTHER APPLICABLE FEDERAL LAWS.— 
‘‘(1) IN GENERAL.—If a State assumes respon-
sibility under subsection (a), the Secretary may also 
assign and the State may assume all or part of the 
responsibilities of the Secretary for environmental 
review, consultation, or other related actions re-
quired under any Federal environmental law applica-
ble to activities that are classified by the Secretary 
as categorical exclusions, with the exception of gov-
ernment-to-government consultation with Indian 
tribes, subject to the same procedural and sub-
stantive requirements as would be required if that 
responsibility were carried out by the Secretary. 
‘‘(2) SOLE RESPONSIBILITY.—A State that as-
sumes responsibility under paragraph (1) with re-
spect to a Federal law shall be solely responsible and 
solely liable for complying with and carrying out 
that law, and the Secretary shall have no such re-
sponsibility or liability. 
‘‘(c) MEMORANDA OF UNDERSTANDING.— 
‘‘(1) IN
GENERAL.—The Secretary and the 
State, after providing public notice and opportunity 
for comment, shall enter into a memorandum of un-
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derstanding setting forth the responsibilities to be 
assigned under this section and the terms and condi-
tions under which the assignments are made, includ-
ing establishment of the circumstances under which 
the Secretary would reassume responsibility for cat-
egorical exclusion determinations. 
‘‘(2) 
TERM.—A 
memorandum 
of 
under-
standing— 
‘‘(A) shall have a term of not more than 
3 years; and 
‘‘(B) shall be renewable. 
‘‘(3) ACCEPTANCE
OF
JURISDICTION.—In a 
memorandum of understanding, the State shall con-
sent to accept the jurisdiction of the Federal courts 
for the compliance, discharge, and enforcement of 
any responsibility of the Secretary that the State as-
sumes. 
‘‘(4) MONITORING.—The Secretary shall— 
‘‘(A) monitor compliance by the State with 
the memorandum of understanding and the 
provision by the State of financial resources to 
carry out the memorandum of understanding; 
and 
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‘‘(B) take into account the performance by 
the State when considering renewal of the 
memorandum of understanding. 
‘‘(d) TERMINATION.—The Secretary may terminate 
any assumption of responsibility under a memorandum of 
understanding on a determination that the State is not 
adequately carrying out the responsibilities assigned to the 
State. 
‘‘(e) STATE AGENCY DEEMED
TO BE FEDERAL 
AGENCY.—A State agency that is assigned a responsibility 
under a memorandum of understanding shall be deemed 
to be a Federal agency for the purposes of the Federal 
law under which the responsibility is exercised. 
‘‘§ 22910. Rail project delivery program 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a rail project delivery program (referred to in 
this section as the ‘program’). 
‘‘(2) ASSUMPTION OF RESPONSIBILITY.— 
‘‘(A) IN GENERAL.—Subject to the other 
provisions of this section, with the written 
agreement of the Secretary and a State, which 
may be in the form of a memorandum of under-
standing, the Secretary may assign, and the 
State may assume, the responsibilities of the 
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Secretary with respect to one or more rail 
projects within the State under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(B) ADDITIONAL RESPONSIBILITY.—If a 
State assumes responsibility under subpara-
graph (A)— 
‘‘(i) the Secretary may assign to the 
State, and the State may assume, all or 
part of the responsibilities of the Secretary 
for environmental review, consultation, or 
other action required under any Federal 
environmental law pertaining to the review 
or approval of a specific rail project; but 
‘‘(ii) the Secretary may not assign any 
responsibility imposed on the Secretary by 
chapter 227 of this title. 
‘‘(C) PROCEDURAL AND SUBSTANTIVE RE-
QUIREMENTS.—A State shall assume responsi-
bility under this section subject to the same 
procedural and substantive requirements as 
would apply if that responsibility were carried 
out by the Secretary. 
‘‘(D) FEDERAL RESPONSIBILITY.—Any re-
sponsibility of the Secretary not explicitly as-
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sumed by the State by written agreement under 
this section shall remain the responsibility of 
the Secretary. 
‘‘(E) NO EFFECT ON AUTHORITY.—Noth-
ing in this section preempts or interferes with 
any power, jurisdiction, responsibility, or au-
thority of an agency, other than the Depart-
ment of Transportation, under applicable law 
(including regulations) with respect to a rail 
project. 
‘‘(F) PRESERVATION
OF
FLEXIBILITY.— 
The Secretary may not require a State, as a 
condition of participation in the program, to 
forego project delivery methods that are other-
wise permissible for rail projects. 
‘‘(b) STATE PARTICIPATION.— 
‘‘(1) PARTICIPATING
STATES.—All States are 
eligible to participate in the program. 
‘‘(2) APPLICATION.—Not later than 270 days 
after the date of enactment of this section, the Sec-
retary shall promulgate regulations that establish re-
quirements relating to information required to be 
contained in any application of a State to participate 
in the program, including, at a minimum— 
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‘‘(A) the rail projects or classes of projects 
for which the State anticipates exercising the 
authority that may be granted under the pro-
gram; 
‘‘(B) verification of the financial resources 
necessary to carry out the authority that may 
be granted under the program; and 
‘‘(C) evidence of the notice and solicitation 
of public comment by the State relating to par-
ticipation of the State in the program, including 
copies of comments received from that solicita-
tion. 
‘‘(3) PUBLIC NOTICE.— 
‘‘(A) IN GENERAL.—Each State that sub-
mits an application under this subsection shall 
give notice of the intent of the State to partici-
pate in the program not later than 30 days be-
fore the date of submission of the application. 
‘‘(B) METHOD OF NOTICE AND SOLICITA-
TION.—The State shall provide notice and so-
licit public comment under this paragraph by 
publishing the complete application of the State 
in accordance with the appropriate public notice 
law of the State. 
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‘‘(4) SELECTION
CRITERIA.—The Secretary 
may approve the application of a State under this 
section only if— 
‘‘(A) the regulatory requirements under 
paragraph (2) have been met; 
‘‘(B) the Secretary determines that the 
State has the capability, including financial and 
personnel, to assume the responsibility; and 
‘‘(C) the head of the State agency having 
primary jurisdiction over rail matters enters 
into a written agreement with the Secretary de-
scribed in subsection (c). 
‘‘(5) OTHER
FEDERAL
AGENCY
VIEWS.—If a 
State applies to assume a responsibility of the Sec-
retary that would have required the Secretary to 
consult with another Federal agency, the Secretary 
shall solicit the views of the Federal agency before 
approving the application. 
‘‘(c) WRITTEN AGREEMENT.—A written agreement 
under this section shall— 
‘‘(1) be executed by the Governor or the top- 
ranking transportation official in the State who is 
charged with responsibility for rail construction; 
‘‘(2) be in such form as the Secretary may pre-
scribe; 
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‘‘(3) provide that the State— 
‘‘(A) agrees to assume all or part of the re-
sponsibilities of the Secretary described in sub-
section (a); 
‘‘(B) expressly consents, on behalf of the 
State, to accept the jurisdiction of the Federal 
courts for the compliance, discharge, and en-
forcement of any responsibility of the Secretary 
assumed by the State; 
‘‘(C) certifies that State laws (including 
regulations) are in effect that— 
‘‘(i) authorize the State to take the 
actions necessary to carry out the respon-
sibilities being assumed; and 
‘‘(ii) are comparable to section 552 of 
title 5, including providing that any deci-
sion regarding the public availability of a 
document under those State laws is review-
able by a court of competent jurisdiction; 
and 
‘‘(D) agrees to maintain the financial re-
sources necessary to carry out the responsibil-
ities being assumed; 
‘‘(4) shall have a term of not more than 5 
years; and 
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‘‘(5) shall be renewable. 
‘‘(d) JURISDICTION.— 
‘‘(1) IN GENERAL.—The United States district 
courts shall have exclusive jurisdiction over any civil 
action against a State for failure to carry out any 
responsibility of the State under this section. 
‘‘(2) 
LEGAL
STANDARDS
AND
REQUIRE-
MENTS.—A civil action under paragraph (1) shall be 
governed by the legal standards and requirements 
that would apply in such a civil action against the 
Secretary had the Secretary taken the actions in 
question. 
‘‘(3) INTERVENTION.—The Secretary shall have 
the right to intervene in any action described in 
paragraph (1). 
‘‘(e) EFFECT
OF
ASSUMPTION
OF
RESPONSI-
BILITY.—A State that assumes responsibility under sub-
section (a)(2) shall be solely responsible and solely liable 
for carrying out, in lieu of the Secretary, the responsibil-
ities assumed under subsection (a)(2), until the program 
is terminated as provided in subsection (j). 
‘‘(f) LIMITATIONS
ON AGREEMENTS.—Nothing in 
this section permits a State to assume any rulemaking au-
thority of the Secretary under any Federal law. 
‘‘(g) AUDITS.— 
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‘‘(1) IN GENERAL.—To ensure compliance by a 
State with any agreement of the State under sub-
section (c) (including compliance by the State with 
all Federal laws for which responsibility is assumed 
under subsection (a)(2)), for each State partici-
pating in the program under this section, the Sec-
retary shall conduct— 
‘‘(A) semiannual audits during each of the 
first 2 years of State participation; and 
‘‘(B) annual audits during each of the 
third and fourth years of State participation. 
‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— 
‘‘(A) IN
GENERAL.—An audit conducted 
under paragraph (1) shall be provided to the 
public for comment. 
‘‘(B) RESPONSE.—Not later than 60 days 
after the date on which the period for public 
comment ends, the Secretary shall respond to 
public comments received under subparagraph 
(A). 
‘‘(h) MONITORING.—After the fourth year of partici-
pation of the State in the program, the Secretary shall 
monitor compliance by the State with the written agree-
ment, including the provision by the State of financial re-
sources to carry out the written agreement. 
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‘‘(i) REPORT TO CONGRESS.—The Secretary shall 
submit to Congress an annual report that describes the 
administration of the program. 
‘‘(j) TERMINATION.—The Secretary may terminate 
the participation of any State in the program if— 
‘‘(1) the Secretary determines that the State is 
not adequately carrying out the responsibilities as-
signed to the State; 
‘‘(2) the Secretary provides to the State— 
‘‘(A) notification of the determination of 
noncompliance; and 
‘‘(B) a period of at least 30 days during 
which to take such corrective action as the Sec-
retary determines is necessary to comply with 
the applicable agreement; and 
‘‘(3) the State, after the notification and period 
provided under paragraph (2), fails to take satisfac-
tory corrective action, as determined by Secretary. 
‘‘§ 22911. Exemption in emergencies 
‘‘Any railroad, track, bridge, or other facility that is 
in operation or under construction when damaged by an 
emergency declared by the Governor of the State and con-
curred in by the Secretary, or declared by the President 
pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121), and is pro-
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posed to be reconstructed with Federal funds may be re-
constructed in the same location with the same capacity, 
dimensions, and design as before the emergency and shall 
be exempt from any environmental reviews, approvals, li-
censing, and permit requirements under— 
‘‘(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
‘‘(2) sections 402 and 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342, 1344); 
‘‘(3) the National Historic Preservation Act (16 
U.S.C. 470 et seq.); 
‘‘(4) the Migratory Bird Treaty Act (16 U.S.C. 
703 et seq.); 
‘‘(5) the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.); 
‘‘(6) the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et seq.); 
‘‘(7) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), except when the reconstruction 
occurs in designated critical habitat for threatened 
and endangered species; 
‘‘(8) Executive Order 11990 (42 U.S.C. 4321 
note; relating to the protection of wetlands); and 
‘‘(9) any Federal law (including regulations) re-
quiring no net loss of wetlands.’’. 
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(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for subtitle V of title 49, United States Code, is 
amended by inserting after the item relating to chapter 
227 the following: 
‘‘229. Project development and review ......................................22901’’. 
Subtitle 
D—Railroad 
Rehabilita-
tion and Improvement Financ-
ing 
SEC. 8301. RAILROAD REHABILITATION AND IMPROVE-
MENT FINANCING. 
(a) PURPOSE AND REGULATIONS.— 
(1) PURPOSE.—The amendments made by this 
section are intended to encourage a higher level of 
participation in the railroad rehabilitation and im-
provement financing program under section 502 of 
the Railroad Revitalization and Regulatory Reform 
Act of 1976 and to make the loan process under 
that program faster, more efficient, and more pre-
dictable. 
(2) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall issue regulations implementing the amend-
ments made by this section in a manner that 
achieves the purpose stated in paragraph (1). 
(b) HIGH-SPEED RAIL.—Section 502(b)(1)(C) of 
such Act (45 U.S.C. 822(b)(1)(C)) is amended by insert-
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ing ‘‘, including high-speed rail (as defined in section 
26101(6)) of title 49, United States Code) facilities’’ after 
‘‘railroad facilities’’. 
(c) PRIVATE INSURANCE.—Section 502(f)(1) of such 
Act (45 U.S.C. 822(f)(1)) is amended— 
(1) by striking ‘‘under this section a commit-
ment’’ and inserting ‘‘under this section private in-
surance, including bond insurance, or any other 
commitment’’; and 
(2) by inserting ‘‘or private insurance, including 
bond insurance,’’ after ‘‘authority and credit risk 
premiums’’. 
(d) FINANCING OF CREDIT RISK PREMIUM.—Section 
502(f)(3) of such Act (45 U.S.C. 822(f)(3)) is amended 
by inserting ‘‘, or, at the discretion of the Secretary, in 
a series of payments over the term of the loan. If private 
insurance, including bond insurance, is used, the policy 
premium shall be paid before the loan is disbursed’’ after 
‘‘of loan amounts’’. 
(e) COLLATERAL.— 
(1) FULL VALUE.—Section 502(h)(2) of such 
Act (45 U.S.C. 822(h)(2)) is amended by inserting 
‘‘Such collateral shall be valued at 100 percent of 
the liquidated asset valuation, or going concern valu-
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ation when applicable.’’ after ‘‘operation of the 
project.’’. 
(2) DEDICATED
REVENUE
AND
SUBORDINA-
TION.—Such section 502(h)(2) is further amended— 
(A) by striking ‘‘(2) The Secretary’’ and 
inserting ‘‘(2)(A) The Secretary’’; 
(B) by adding at the end of subparagraph 
(A) the following: ‘‘The Secretary may subordi-
nate rights of the Secretary under any provision 
of title 49 or title 23 of the United States Code, 
to the rights of the Secretary under this section 
and section 503’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) In the case of an applicant that is a State, 
an Interstate compact, a local government authority 
as defined in section 5302 of title 49, United States 
Code, or a high-speed rail system as defined in sec-
tion 26101 of title 49, United States Code, the Sec-
retary shall, for purposes of making a finding under 
subsection (g)(4), accept the net present value on a 
future stream of State or local subsidy income or 
dedicated revenue as collateral offered to secure the 
loan.’’. 
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(f) OFFICE OF MANAGEMENT AND BUDGET.—Sec-
tion 502(i) of such Act (45 U.S.C. 822(i)) is amended by 
inserting ‘‘In order to enable compliance with such time 
limit, the Office of Management and Budget shall take 
any actions required with respect to the application within 
such 90-day period.’’ after ‘‘disapprove the application.’’. 
(g) COMPLETION OF APPLICATION.—Section 502(i) 
of such Act (45 U.S.C. 822(i)) is further amended— 
(1) by striking ‘‘DISAPPROVAL.—Not later than 
90 days after receiving’’ and inserting ‘‘DIS-
APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after an application is determined pursuant to para-
graph (2) to be’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) COMPLETION OF APPLICATION.—The Sec-
retary shall establish procedures for making a deter-
mination not later than 45 days after submission of 
an application under this section whether the appli-
cation is complete. Such procedures shall— 
‘‘(A) provide for a checklist of the required 
components of a complete application; 
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‘‘(B) provide that an independent financial 
analyst be assigned within 45 days of submittal 
to review the application; 
‘‘(C) require the Secretary to provide to 
the applicant a description of the specific com-
ponents of the application that remain incom-
plete or unsatisfactory if an application is de-
termined to be incomplete; and 
‘‘(D) permit reapplication without preju-
dice for applications determined to be incom-
plete or unsatisfactory.’’. 
(h) REPAYMENT DEFERRAL.—Section 502(j) of such 
Act (45 U.S.C. 822(j)) is amended by adding at the end 
the following new paragraph: 
‘‘(3) TREATMENT OF COSTS ASSOCIATED WITH 
DEFERRAL.—Any additional costs associated with a 
deferred repayment schedule under paragraph (1) 
may be financed over the remaining term of the loan 
beginning at the time the payments begin, or may 
be included in the credit risk premium determined 
under subsection (f)(2).’’. 
(i) POSITIVE TRAIN CONTROL.— 
(1) PRIORITY.—Section 502(c)(1) of such Act 
(45 U.S.C. 822(c)(1)) is amended by inserting ‘‘, in-
cluding projects for the installation of positive train 
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control systems as defined in section 20157(a) of 
title 49, United States Code’’ after ‘‘public safety’’. 
(2) COLLATERAL.—Section 502(h)(2) of such 
Act (45 U.S.C. 822(h)(2)), as amended by this sec-
tion, is further amended by adding at the end the 
following new subparagraph: 
‘‘(C) For purposes of making a finding under 
subsection (g)(4) with respect to an application for 
a project for the installation of positive train control 
systems, the collateral value of that asset shall be 
deemed to be equal to the total cost of the labor and 
materials associated with installing the positive train 
control systems.’’. 
(j) REPORT TO CONGRESS.—Section 502 of such Act 
(45 U.S.C. 822) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of the American Energy and 
Infrastructure Jobs Act of 2012, and annually thereafter, 
the Secretary shall transmit to the Congress a report on 
the program under this section that summarizes the num-
ber of loans approved and disapproved by the Secretary 
during the previous year. Such report shall not disclose 
the identity of loan or loan guarantee recipients. The re-
port shall describe— 
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‘‘(1) the number of preapplication meetings 
with potential applicants; 
‘‘(2) the number of applications received and 
determined complete under subsection (i)(2), includ-
ing the requested loan amounts; 
‘‘(3) the dates of receipt of applications; 
‘‘(4) the dates applications were determined 
complete under subsection (i)(2); 
‘‘(5) the number of applications determined in-
complete under subsection (i)(2); 
‘‘(6) the final decision dates for both approvals 
and denials of applications; 
‘‘(7) the number of applications withdrawn 
from consideration; and 
‘‘(8) the annual loan portfolio asset quality.’’. 
(k) AUTHORIZATION OF APPROPRIATIONS.—Section 
502 of such Act (45 U.S.C. 822) is amended by adding 
at the end the following new subsection: 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for pur-
poses of carrying out subsections (f)(3) and (j)(3), 
$50,000,000 for fiscal year 2013.’’. 
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Subtitle E—Positive Train Control 
SEC. 8401. POSITIVE TRAIN CONTROL. 
(a) RAILROAD
SAFETY
RISK
REDUCTION
PRO-
GRAM.—Section 20156(e)(4) of title 49, United States 
Code, is amended to read as follows: 
‘‘(4) POSITIVE TRAIN CONTROL.—Except as re-
quired by section 20157 (relating to the require-
ments for implementation of positive train control 
systems), the Secretary shall ensure that each rail-
road carrier’s technology implementation plan re-
quired under paragraph (1) that includes a schedule 
for implementation of a positive train control system 
complies with that schedule. Nothing in this section 
shall be construed as requiring the installation of 
positive train control on railroad tracks if positive 
train control is not required on those tracks by sec-
tion 20157 and positive train control on those tracks 
is not chosen by the railroad as a technology to be 
implemented under this section.’’. 
(b) IMPLEMENTATION OF POSITIVE TRAIN CONTROL 
SYSTEMS.—Section 20157 of title 49, United States Code, 
is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘December 31, 2015’’ and 
inserting ‘‘December 31, 2020’’; 
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(B) by inserting ‘‘and’’ after the semicolon 
at the end of subparagraph (A); 
(C) by striking ‘‘; and’’ at the end of sub-
paragraph (B) and inserting ‘‘on or after De-
cember 31, 2020.’’; and 
(D) by striking subparagraph (C); 
(2) by adding at the end of subsection (a) the 
following new paragraph: 
‘‘(3) ALTERNATIVE
STRATEGY.—A plan sub-
mitted under this subsection may provide that, in 
lieu of installing positive train control on all or some 
of the tracks on which positive train control is other-
wise required to be installed pursuant to paragraph 
(1)(B), the railroad carrier will utilize an alternative 
risk reduction strategy that would reduce the risk of 
release of poison- or toxic-by-inhalation hazardous 
materials to the same extent the risk of a release of 
poison- or toxic-by-inhalation hazardous materials 
would be reduced if positive train control were in-
stalled on those tracks. An alternative risk reduction 
strategy may only be used pursuant to this para-
graph on tracks for which positive train control is 
not required pursuant to paragraph (1)(A).’’; 
(3) in subsection (c)— 
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(A) by striking ‘‘APPROVAL.—Not later 
than 90 days after the Secretary receives a 
plan’’ and inserting ‘‘APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the Secretary receives a plan or revision of a 
plan under this section’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) REVISION
OF
PLAN.—A railroad carrier 
may revise a plan under this section as necessary to 
reflect rail lines that are added or removed, or to re-
flect alternative risk reduction strategies proposed 
pursuant to subsection (a)(3).’’; 
(4) in subsection (d)— 
(A) by striking ‘‘December 31, 2012’’ and 
inserting ‘‘December 31, 2015’’; and 
(B) by inserting ‘‘and alternative risk re-
duction strategies. Such report shall include 
any recommendations for improving the ability 
of rail carriers to implement positive train con-
trol systems or alternative risk reduction strate-
gies in accordance with this section’’ after 
‘‘positive train control systems’’; 
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(5) in subsection (e), by inserting ‘‘and alter-
native risk reduction strategies’’ after ‘‘positive train 
control’’; and 
(6) in subsection (f), by striking ‘‘or section 
20156’’ the first place it appears. 
Subtitle F—Regulatory Reform 
SEC. 8501. FEDERAL RAILROAD ADMINISTRATION REGULA-
TIONS. 
(a) AMENDMENT.—Section 103 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(l) IMPROVING REGULATION AND REGULATORY RE-
VIEW.— 
‘‘(1) IN GENERAL.—Before any final regulation 
within the jurisdiction of the Administration is 
issued, the Administrator shall make all preliminary 
and final determinations based on evidence and con-
sider, in addition to other applicable considerations, 
the following: 
‘‘(A) The legal authority under which a 
rule may be proposed, including whether a rule-
making is required by statute, and if so, wheth-
er by a specific date, or whether the agency has 
discretion to commence a rulemaking. 
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‘‘(B) Other statutory considerations appli-
cable to whether the agency can or should pro-
pose a rule or undertake other agency action. 
‘‘(C) The specific nature and significance 
of the problem the agency may address with a 
rule (including the degree and nature of risks 
the problem poses and the priority of address-
ing those risks compared to other matters or 
activities within the agency’s jurisdiction), 
whether the problem warrants new agency ac-
tion, and the countervailing risks that may be 
posed by alternatives for new agency action. 
‘‘(D) Whether existing rules have created 
or contributed to the problem the agency may 
address with a rule and whether those rules 
could be amended or rescinded to address the 
problem in whole or part. 
‘‘(E) The best reasonably obtainable sci-
entific, technical, and other information related 
to the need for, and consequences of, the rule. 
‘‘(F) The potential costs and benefits, in-
cluding direct, indirect, and cumulative costs 
and benefits and estimated impacts on jobs, 
economic growth, innovation, and economic 
competitiveness. 
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‘‘(G) Means to increase the cost-effective-
ness of any Federal response. 
‘‘(H) Incentives for innovation, consist-
ency, predictability, lower costs of enforcement 
and compliance (to government entities, regu-
lated entities, and the public), and flexibility. 
‘‘(I) Any reasonable alternatives for a new 
rule or other response identified by the agency 
or interested persons, including not only re-
sponses that mandate particular conduct or 
manners of compliance, but also— 
‘‘(i) the alternative of no Federal re-
sponse; 
‘‘(ii) amending or rescinding existing 
rules; 
‘‘(iii) potential regional, State, local, 
or tribal regulatory action or other re-
sponses that could be taken in lieu of 
agency action; and 
‘‘(iv) potential responses that— 
‘‘(I) specify performance objec-
tives rather than conduct or manners 
of compliance; 
‘‘(II) establish economic incen-
tives to encourage desired behavior; 
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‘‘(III) provide information upon 
which choices can be made by the 
public; or 
‘‘(IV) incorporate other innova-
tive alternatives rather than agency 
actions that specify conduct or man-
ners of compliance. 
‘‘(2) PUBLIC
COMMENT.—The Administrator 
shall solicit and take into consideration public com-
ment on the subjects described in subparagraphs (A) 
through (I) of paragraph (1) before issuance of a 
final regulation described in paragraph (1). 
‘‘(3) AGENCY STATEMENTS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall follow applicable rulemaking procedures 
under section 553 of title 5 before issuing a 
binding obligation applicable to recipients of 
Federal assistance. 
‘‘(B) BINDING OBLIGATION DEFINED.—In 
this paragraph, the term ‘binding obligation’ 
means a substantive policy statement, rule, or 
guidance document issued by the Administra-
tion that grants rights, imposes obligations, 
produces significant effects on private interests, 
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or effects a significant change in existing pol-
icy.’’. 
(b) EFFECTIVE DATE.—Paragraphs (1) and (2) of 
the subsection (l) added by the amendment made by sub-
section (a) of this section shall be effective only with re-
spect to regulations with respect to which no notice of pro-
posed rulemaking has been issued before the date of enact-
ment of this Act. 
Subtitle G—Technical Corrections 
SEC. 8601. MISCELLANEOUS CORRECTIONS, REVISIONS, 
AND REPEALS. 
(a) TECHNICAL CORRECTIONS TO PROVISIONS OF 
THE UNITED STATES CODE ENACTED IN, OR AMENDED 
BY, THE RAIL SAFETY IMPROVEMENT ACT OF 2008.— 
(1) Section 1139 of title 49, United States Code, is 
amended— 
(A) in subsection (a)(1) by striking ‘‘phone 
number’’ and inserting ‘‘telephone number’’; 
(B) in subsection (a)(2) by striking ‘‘post trau-
ma communication with families’’ and inserting 
‘‘post-trauma communication with families’’; and 
(C) in subsection (j)(2) by striking ‘‘railroad 
passenger accident’’ and inserting ‘‘rail passenger 
accident’’. 
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(2) Section 10909 of title 49, United States Code, 
is amended— 
(A) in subsection (b), by striking ‘‘Clean Rail-
road Act of 2008,’’ and inserting ‘‘Clean Railroads 
Act of 2008,’’; and 
(B) in subsection (e), by striking ‘‘Upon the 
granting of petition from the State’’ and inserting 
‘‘Upon the granting of a petition from the State’’. 
(3) Section 20116 of title 49, United States Code, 
is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘unless’’; and 
(B) by inserting ‘‘(2)’’ before ‘‘the code, rule, 
standard, requirement, or practice has been subject 
to notice and comment under a rule or order issued 
under this part.’’. 
(4) Section 20120(a) of title 49, United States Code, 
is amended— 
(A) by striking ‘‘website’’ and inserting ‘‘Web 
site’’; 
(B) in paragraph (1), by striking ‘‘accident and 
incidence reporting’’ and inserting ‘‘accident and in-
cident reporting’’; 
(C) in paragraph (2)(G), by inserting ‘‘and’’ at 
the end; and 
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(9) Section 20162(a)(3) of title 49, United States 
Code, is amended by striking ‘‘railroad compliance with 
Federal standards’’ and inserting ‘‘railroad carrier compli-
ance with Federal standards’’. 
(10) Section 20164(a) of title 49, United States 
Code, is amended by striking ‘‘after enactment of the Rail-
road Safety Enhancement Act of 2008’’ and inserting 
‘‘after the enactment of the Rail Safety Improvement Act 
of 2008’’. 
(11) Section 22106(b) of title 49, United States 
Code, is amended by striking ‘‘interest thereof’’ and in-
serting ‘‘interest thereon’’. 
(12) The item relating to section 24316 in the chap-
ter analysis for chapter 243 of title 49, United States 
Code, is amended by striking ‘‘to assist families of pas-
sengers’’ and inserting ‘‘to address needs of families of 
passengers’’. 
(b) TECHNICAL CORRECTIONS TO RAIL SAFETY IM-
PROVEMENT ACT OF 2008.—(1) The table of contents in 
section 1(b) of the Rail Safety Improvement Act of 2008 
is amended— 
(A) in the item relating to section 307, by strik-
ing ‘‘website’’ and inserting ‘‘Web site’’; 
(B) in the item relating to section 403, by 
striking ‘‘Track inspection time study’’ and inserting 
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‘‘Study and rulemaking on track inspection time; 
rulemaking on concrete cross ties’’; 
(C) in the item relating to section 408, by strik-
ing ‘‘Conrail’’ and inserting ‘‘Consolidated Rail Cor-
poration’’; 
(D) in the item relating to title VI, by striking 
‘‘Solid waste facilities’’ and inserting ‘‘Solid waste 
rail transfer facilities’’; and 
(E) in the item relating to section 602 by strik-
ing ‘‘solid waste transfer facilities’’ and inserting 
‘‘solid waste rail transfer facilities’’. 
(2) Section 2(a)(1) of the Rail Safety Improvement 
Act of 2008 is amended by inserting a comma after 
‘‘tracks at grade’’. 
(3) Section 102(a)(6) of the Rail Safety Improvement 
Act of 2008 is amended to read as follows: 
‘‘(6) Improving the safety of railroad bridges, 
tunnels, and related infrastructure to prevent acci-
dents, incidents, injuries, and fatalities caused by 
catastrophic and other failures of such infrastruc-
ture.’’. 
(4) Section 206(a) of the Rail Safety Improvement 
Act of 2008 is amended by striking ‘‘Public Service An-
nouncements’’ and inserting ‘‘public service announce-
ments’’. 
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(5) Section 307 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) in the section heading, by striking 
‘‘WEBSITE’’ and inserting ‘‘WEB SITE’’; 
(B) in subsection (a), by striking ‘‘website’’ and 
inserting ‘‘Web site’’; and 
(C) in subsection (b), by striking ‘‘website’s’’ 
and inserting ‘‘Web site’s’’. 
(6) Section 403 of the Rail Safety Improvement Act 
of 2008 is amended in the section heading by striking 
‘‘TRACK
INSPECTION
TIME
STUDY’’ and inserting 
‘‘STUDY AND RULEMAKING ON TRACK INSPECTION 
TIME; RULEMAKING ON CONCRETE CROSS TIES’’. 
(7) Section 405 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) in subsection (a), by striking ‘‘cell phones’’ 
and inserting ‘‘cellular telephones’’; and 
(B) in subsection (d), by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Secretary’’. 
(8) Section 408 of the Rail Safety Improvement Act 
of 2008 is amended in the section heading by striking 
‘‘CONRAIL’’ and inserting ‘‘CONSOLIDATED RAIL COR-
PORATION’’. 
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(9) Section 412 of the Rail Safety Improvement Act 
of 2008 is amended by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary’’. 
(10) Section 414 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) by striking ‘‘parts 171.8, 173.115,’’ and in-
serting ‘‘sections 171.8, 173.115,’’; and 
(B) by striking ‘‘part 1520.5’’ and inserting 
‘‘section 1520.5’’. 
(11) Section 416 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) by striking ‘‘Secretary of Transportation’’ 
and inserting ‘‘Secretary’’; and 
(B) in paragraph (4), by striking ‘‘subsection’’ 
and inserting ‘‘section’’. 
(12) Section 417(c) of the Rail Safety Improvement 
Act of 2008 is amended by striking ‘‘each railroad’’ and 
inserting ‘‘each railroad carrier’’. 
(13) Section 503 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘pas-
senger rail accidents’’ and inserting ‘‘rail pas-
senger accidents’’; 
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(ii) by striking ‘‘passenger rail accident’’ 
each place it appears and inserting ‘‘rail pas-
senger accident’’; and 
(iii) in paragraph (4), by striking ‘‘a count 
of the number of passengers onboard the train’’ 
and inserting ‘‘a count of the number of pas-
sengers aboard the train’’; and 
(B) by adding at the end a new subsection (d) 
to read as follows: 
‘‘(d) DEFINITIONS.—In this section, the terms ‘pas-
senger’ and ‘rail passenger accident’ have the meaning 
given those terms by section 1139 of this title.’’. 
(14) The heading title VI of the Rail Safety Improve-
ment Act of 2008 is amended by striking ‘‘SOLID 
WASTE FACILITIES’’ and inserting ‘‘SOLID 
WASTE RAIL TRANSFER FACILITIES’’. 
(15) The heading of section 602 of the Rail Safety 
Improvement Act of 2008 is amended by striking ‘‘SOLID 
WASTE TRANSFER FACILITIES’’ and inserting ‘‘SOLID 
WASTE RAIL TRANSFER FACILITIES’’. 
(c) TECHNICAL CORRECTIONS TO PROVISIONS OF 
THE UNITED STATES CODE ENACTED IN, OR AMENDED 
BY, THE PASSENGER RAIL INVESTMENT AND IMPROVE-
MENT ACT OF 2008.— 
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(1) ALTERNATE
PASSENGER
RAIL
SERVICE 
PILOT.—Section 24711 of title 49, United States 
Code, is amended— 
(A) in subsection (a)(1) by striking ‘‘a pe-
riod not to exceed 5 years after the date of en-
actment of the Passenger Rail Investment and 
Improvement Act of 2008’’ and inserting ‘‘an 
operations period of 5 years, renewable for a 
second 5-year operations period at the discre-
tion of the Administrator’’; and 
(B) by inserting after subsection (e) the 
following new subsection: 
‘‘(f) TRANSFER
AUTHORITY.—The Secretary of 
Transportation may provide directly to a winning bidder 
selected under this section any portion of appropriations 
for Amtrak operations necessary to cover the operating 
subsidy described in subsection (a)(5)(B).’’. 
(2) COMPETITIVE GRANT SELECTION AND CRI-
TERIA FOR GRANTS.—Section 26106(e)(2) of title 
49, United States Code, is amended— 
(A) in subparagraph (A)(v), by striking 
‘‘that if an applicant has selected the proposed 
operator of its service, that the applicant pro-
vide’’, and inserting ‘‘that the applicant shall 
select the proposed operator of its service com-
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petitively, and that the applicant shall provide’’; 
and 
(B) in subparagraph (B)(ii)— 
(i) by inserting ‘‘and’’ at the end of 
subclause (I); 
(ii) by inserting ‘‘and’’ at the end of 
subclause (II); and 
(iii) by striking subclauses (III) and 
(IV). 
(d) STATE-SUPPORTED ROUTES.—Section 209(c) of 
the Passenger Rail Investment and Improvement Act of 
2008 (Public Law 110–432, 122 Stat. 4918) is amended 
by striking ‘‘within 1 year after the Board’s determina-
tion’’ and inserting ‘‘by the first day of the first fiscal year 
beginning at least 1 year after the Board’s determina-
tion’’. 
TITLE IX—HAZARDOUS 
MATERIAL TRANSPORTATION 
SEC. 9001. SHORT TITLE. 
This title may be cited as the ‘‘Hazardous Material 
Transportation Safety, Efficiency, and Accountability Act 
of 2012’’. 
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SEC. 9002. AMENDMENT OF TITLE 49, UNITED STATES 
CODE. 
Except as otherwise provided, whenever in this Act 
an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
SEC. 9003. FINDINGS. 
Congress finds the following: 
(1) There are annually 2.2 billion tons of haz-
ardous material shipments by all modes across the 
United States totaling more than $1.4 trillion. 
(2) The number of fatalities and serious inju-
ries caused by the transportation of hazardous mate-
rial has been historically low, averaging 4.2 fatalities 
per 100 million shipments – meaning an American 
is about 4 times more likely to be killed by lightning 
than a hazardous material in transportation. In fis-
cal year 2010, there was the lowest number of haz-
ardous material incidents on record. 
(3) It is critical to the economic health of the 
Nation that the laws and regulations governing the 
transportation of hazardous material maintain a 
high level of safety, while balancing the need for eco-
nomic growth, innovation, competitiveness, and job 
creation. 
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(4) The individuals involved in the transpor-
tation stream and the public benefit from a regu-
latory regime that is certain, uniform, cost-efficient, 
and science-based. 
(5) Because of the potential risks to life, prop-
erty, and the environment posed by an unintentional 
release of hazardous material, consistency and uni-
formity in laws and regulation regarding the trans-
portation of hazardous material is necessary and de-
sirable. 
SEC. 9004. PURPOSES. 
Section 5101 is amended by striking ‘‘that are inher-
ent’’. 
SEC. 9005. DEFINITIONS. 
(a) HAZMAT EMPLOYER.—Section 5102(4)(A)(i)(I) 
is amended by striking ‘‘or uses’’. 
(b) TRANSPORTS.—Section 5102(13) is amended to 
read as follows: 
‘‘(13) ‘transports’ or ‘transportation’— 
‘‘(A) means the movement of property and 
loading, unloading, handling, or storage inci-
dental to the movement; 
‘‘(B) includes all activities related to— 
‘‘(i) loading or unloading packaged or 
containerized hazardous material, such as 
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portable tanks, cylinders, and intermediate 
bulk containers, onto a transport vehicle, 
rail car, aircraft, or vessel at its origin, 
during en route movement, or at its des-
tination; or 
‘‘(ii) loading or unloading a hazardous 
material into or from a bulk packaging 
with a capacity greater than 3,000 liters, 
such as a portable tank, cargo tank, or rail 
tank car, at its origin, during en route 
movement, or at its destination; and 
‘‘(C) includes storage of a hazardous mate-
rial from the time the hazardous material is 
loaded for purposes of movement until the haz-
ardous material is unloaded at its destination, 
including during en route movement.’’. 
SEC. 9006. GENERAL REGULATORY AUTHORITY. 
(a) REGULATIONS FOR SAFE TRANSPORTATION.— 
Section 5103(b)(1)(A) is amended— 
(1) in clause (vi) by striking ‘‘or’’ at the end; 
(2) by redesignating clause (vii) as clause (viii); 
(3) by inserting after clause (vi) the following: 
‘‘(vii) provides hazardous material 
transportation emergency response infor-
mation services required or governed by 
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regulations prescribed under this chapter; 
or’’; and 
(4) in clause (viii) (as redesignated by para-
graph (2) of this section) by striking ‘‘(vi); and’’ and 
inserting ‘‘(vii);’’. 
(b) FITNESS DETERMINATIONS.— 
(1) 
IN
GENERAL.—Section 
5103(b)(1) 
is 
amended— 
(A) in subparagraph (B) by striking the 
period at the end and inserting ‘‘; and’’; and 
(B) by adding at the end the following: 
‘‘(C) shall govern the procedures and cri-
teria used by the Secretary for determining the 
fitness of a person applying for an approval 
under the regulations.’’. 
(2) REGULATION
REQUIRED.—In accordance 
with section 5103(b)(2) of title 49, United States 
Code, not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation 
shall take all actions necessary to finalize a regula-
tion pursuant to section 5103(b)(1)(C) of such title. 
(c) IMPROVING REGULATIONS AND REGULATORY RE-
VIEW.— 
(1) IN GENERAL.—Section 5103(b) is amended 
by adding at the end the following: 
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‘‘(3) Before any final regulation within the jurisdic-
tion of the Secretary is issued, the Secretary shall make 
all preliminary and final determinations based on evidence 
and consider, in addition to other applicable consider-
ations, the following: 
‘‘(A) The legal authority under which a rule 
may be proposed, including whether a rulemaking is 
required by statute, and if so, whether by a specific 
date, or whether the agency has discretion to com-
mence a rulemaking. 
‘‘(B) Other statutory considerations applicable 
to whether the agency can or should propose a rule 
or undertake other agency action. 
‘‘(C) The specific nature and significance of the 
problem the agency may address with a rule (includ-
ing the degree and nature of risks the problem poses 
and the priority of addressing those risks compared 
to other matters or activities within the agency’s ju-
risdiction), whether the problem warrants new agen-
cy action, and the countervailing risks that may be 
posed by alternatives for new agency action. 
‘‘(D) Whether existing rules have created or 
contributed to the problem the agency may address 
with a rule and whether those rules could be amend-
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ed or rescinded to address the problem in whole or 
part. 
‘‘(E) The best reasonably obtainable scientific, 
technical, and other information related to the need 
for, and consequences of, the rule. 
‘‘(F) The potential costs and benefits, including 
direct, indirect, and cumulative costs and benefits 
and estimated impacts on jobs, economic growth, in-
novation, and economic competitiveness. 
‘‘(G) Means to increase the cost-effectiveness of 
any Federal response. 
‘‘(H) Incentives for innovation, consistency, pre-
dictability, lower costs of enforcement and compli-
ance (to government entities, regulated entities, and 
the public), and flexibility. 
‘‘(I) Any reasonable alternatives for a new rule 
or other response identified by the agency or inter-
ested persons, including not only responses that 
mandate particular conduct or manners of compli-
ance, but also— 
‘‘(i) the alternative of no Federal response; 
‘‘(ii) amending or rescinding existing rules; 
‘‘(iii) potential regional, State, local, or 
tribal regulatory action or other responses that 
could be taken in lieu of agency action; and 
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‘‘(iv) potential responses that— 
‘‘(I) specify performance objectives 
rather than conduct or manners of compli-
ance; 
‘‘(II) establish economic incentives to 
encourage desired behavior; 
‘‘(III) provide information upon which 
choices can be made by the public; or 
‘‘(IV) incorporate other innovative al-
ternatives rather than agency actions that 
specify conduct or manners of compliance. 
‘‘(4) The Secretary shall solicit and take into consid-
eration public comment on the subjects described in sub-
paragraphs (A) through (I) of paragraph (3) before 
issuance of a final regulation described in paragraph (3). 
‘‘(5) The Secretary shall follow applicable rulemaking 
procedures under section 553 of title 5 before issuing a 
binding obligation applicable to recipients of Federal as-
sistance. In this paragraph, the term ‘binding obligation’ 
means a substantive policy statement, rule, or guidance 
document issued by the Secretary that grants rights, im-
poses obligations, produces significant effects on private 
interests, or effects a significant change in existing pol-
icy.’’. 
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(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) of this subsection shall apply to 
regulations for which the notice of proposed rule-
making is published after the date of enactment of 
this Act. 
(d) 
INCORPORATION
BY
REFERENCE.—Section 
5103(b) is further amended by adding after paragraph (5) 
(as added by subsection (c)(1) of this section) the fol-
lowing: 
‘‘(6) In considering whether to incorporate by ref-
erence any publication in prescribing regulations, the Sec-
retary shall— 
‘‘(A) consider— 
‘‘(i) the cost of such publication; 
‘‘(ii) the broadness of its applicability; 
‘‘(iii) the cost imposed on the public in ac-
quiring such publication; and 
‘‘(iv) other alternatives to incorporation by 
reference; and 
‘‘(B) either incorporate by reference the publi-
cation or use the alternative that meets the Depart-
ment of Transportation’s safety objectives in the 
most cost-effective manner.’’. 
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SEC. 9007. INSPECTIONS OF MOTOR VEHICLES TRANS-
PORTING RADIOACTIVE MATERIAL. 
Section 5105(d) is amended to read as follows: 
‘‘(d) INSPECTIONS
OF MOTOR VEHICLES TRANS-
PORTING CERTAIN MATERIAL.— 
‘‘(1) REQUIREMENT.—The Secretary shall re-
quire by regulation that before each use of a motor 
vehicle to transport a highway-route-controlled quan-
tity of radioactive material in commerce, the vehicle 
shall be inspected and certified as complying with 
this chapter and applicable United States motor car-
rier safety laws and regulations. 
‘‘(2) TYPE
OF
INSPECTOR.—In carrying out 
paragraph (1), the Secretary may— 
‘‘(A) require that the inspection be carried 
out by an authorized United States Government 
inspector or according to appropriate State pro-
cedures; or 
‘‘(B) allow a person, transporting or caus-
ing to be transported a highway-route-con-
trolled quantity of radioactive material, to in-
spect the motor vehicle used to transport the 
material and to certify that the vehicle complies 
with this chapter. 
‘‘(3) QUALIFICATION REQUIREMENTS.—An in-
dividual conducting an inspection under paragraph 
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(2)(B) shall be in compliance with the inspector 
qualification requirements the Secretary prescribes 
for an individual inspecting a motor vehicle. 
‘‘(4) PREEMPTION.—Each State that a motor 
vehicle 
transporting 
a 
highway-route-controlled 
quantity of radioactive material in commerce enters 
shall recognize the inspection and certification re-
quired by paragraph (1) and may not require a new 
inspection at an equivalent level and certification ex-
cept as provided in paragraph (5). 
‘‘(5) CHANGED
CONDITION.—If an en route 
change to the condition of the cargo, the driver, the 
motor vehicle, or the operation of the motor vehicle 
invalidates the certification under paragraph (1), the 
State where such change is discovered may require 
a new inspection and certification under such para-
graph.’’. 
SEC. 9008. HAZMAT EMPLOYEE TRAINING REQUIREMENTS 
AND GRANTS. 
(a) TRAINING GRANTS.—Section 5107 is amended— 
(1) by striking subsections (e) and (h); and 
(2) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively. 
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(b) SAFE LOADING, UNLOADING, AND HANDLING.— 
Section 5107(f)(2), as redesignated by subsection (a)(2) 
of this section, is amended by striking ‘‘and section 5106’’. 
SEC. 9009. FEES. 
Section 5108(g)(2) is amended— 
(1) in subparagraph (A)— 
(A) in the matter before clause (i) by strik-
ing ‘‘be at least $250 but not more than’’ and 
inserting ‘‘not exceed’’; and 
(B) in clause (viii) by striking ‘‘sections 
5108(g)(2), 5115,’’ and inserting ‘‘this para-
graph and sections 5115’’; and 
(2) by adding at the end the following: 
‘‘(D) In establishing and collecting a fee under 
subparagraph (A), the Secretary may not consider 
whether a person has or is likely to apply for a spe-
cial permit or approval, nor is the Secretary author-
ized to establish a separate fee in order to apply for 
or receive a special permit or approval.’’. 
SEC. 9010. MOTOR CARRIER SAFETY PERMITS. 
(a) 
APPLICABLE
TRANSPORTATION.—Section 
5109(b)(1) is amended by striking ‘‘class A or B’’ and 
inserting ‘‘division 1.1, 1.2, or 1.3’’. 
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(b) OFFEROR RESPONSIBILITY.—The heading for 
subsection (f) of section 5109 is amended by striking 
‘‘SHIPPER’’ and inserting ‘‘OFFEROR’’. 
(c) TECHNICAL
AMENDMENT.—Section 5109 is 
amended by striking subsection (h). 
(d) PROGRAM REVIEW AND REPORT.— 
(1) PROGRAM REVIEW.— 
(A) IN
GENERAL.—Not later than 9 
months after the date of enactment of this Act, 
the Secretary of Transportation shall conduct a 
proceeding, using notice and comment proce-
dures in accordance with section 553 of title 5, 
United States Code, to examine the implemen-
tation of the hazardous material safety permit 
program established by section 5109 of title 49 
of such Code, including— 
(i) safety concerns related to former 
permit holders that have re-applied for a 
permit after being out of the program for 
a year or longer; and 
(ii) fairness of the program for car-
riers whose total number of inspections 
over the course of the fiscal year cycle may 
create a disadvantage. 
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(B) CONSULTATION.—In carrying out sub-
paragraph (A), the Secretary shall consult with 
motor carriers, persons offering hazardous ma-
terial for transportation in commerce, the Com-
mercial Vehicle Safety Alliance, and others that 
have direct experience with the implementation 
of the program. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary of Transportation shall transmit to the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate a report on the imple-
mentation of the hazardous material safety per-
mit program established by section 5109 of title 
49, United States Code. 
(B) CONTENTS.—The report shall in-
clude— 
(i) an identification of the number of 
permits that have been issued, denied, re-
voked, or suspended for each registration 
cycle since the inception of the program by 
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the type of covered hazardous material 
transported; 
(ii) an explanation of the reason for 
each denial, revocation, and suspension, in-
cluding administrative denials, revocations, 
and suspensions; 
(iii) a record and analysis of the types 
of implementation issues identified in the 
proceeding under paragraph (1)(A); and 
(iv) a description of the Secretary’s 
actions— 
(I) to simplify the permit applica-
tion process; 
(II) to minimize the number of 
administrative 
denials, 
revocations, 
and suspensions; 
(III) to address the issues identi-
fied under clause (iii); and 
(IV) to ensure a consistent 
standard of safety fitness that does 
not fluctuate over time. 
(e) REGULATION.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall take such actions as are necessary to ensure 
that regulations prescribed to carry out the program under 
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802 
section 5109 of title 49, United States Code, ensure a con-
sistent standard of safety fitness that does not fluctuate 
over time and address issues identified in the proceeding 
in subsection (d)(1)(A). 
SEC. 9011. PLANNING AND TRAINING GRANTS, MONI-
TORING, AND REVIEW. 
(a) TRAINING
GRANTS.—Section 5116(b)(4) is 
amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting ‘‘and subsection (a)’’ after 
‘‘this subsection’’; and 
(B) by inserting ‘‘planning and’’ after 
‘‘emergency response’’; and 
(2) in subparagraph (E) by inserting ‘‘and sub-
section (a)’’ before the period at the end. 
(b) COMPLIANCE WITH CERTAIN LAWS.—Section 
5116(c) is amended to read as follows: 
‘‘(c) COMPLIANCE WITH CERTAIN LAW.—The Sec-
retary may make a grant to a State or Indian tribe under 
this section in a fiscal year only if— 
‘‘(1) the State certifies that the State complies 
with sections 301 and 303 of the Emergency Plan-
ning and Community Right-To-Know Act of 1986 
(42 U.S.C. 11001, 11003); and 
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‘‘(2) the State or Indian tribe certifies to the 
Secretary that such State or Indian tribe is in com-
pliance with section 5125(f).’’. 
(c) SUPPLEMENTAL
TRAINING
GRANTS.—Section 
5116(j) is amended— 
(1) in paragraph (1) by striking ‘‘funds,’’ and 
all that follows through ‘‘fighting fires for’’ and in-
serting ‘‘funds and through a competitive process, 
make grants to national nonprofit fire service orga-
nizations for’’; 
(2) in paragraph (3)(A) by striking ‘‘train’’ and 
inserting ‘‘provide portable training for’’; and 
(3) in paragraph (4)— 
(A) by striking ‘‘train’’ and inserting ‘‘pro-
vide portable training for’’; and 
(B) by inserting after ‘‘training courses 
shall’’ the following: ‘‘comply with national con-
sensus standards for hazardous material re-
sponse and’’. 
(d) REPORTS.—Section 5116(k) is amended— 
(1) in the first sentence by striking ‘‘planning 
grants’’ and all that follows through ‘‘and under sec-
tion 5107’’ and inserting ‘‘grants allocated under 
subsections (a), (b), and (j)’’; 
(2) in the second sentence— 
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(A) by inserting ‘‘planning and’’ before 
‘‘training grants’’; and 
(B) by inserting ‘‘planning and’’ before 
‘‘training programs’’.’’. 
SEC. 9012. SPECIAL PERMITS AND EXCLUSIONS. 
Section 5117 is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) AUTHORITY TO ISSUE 
SPECIAL PERMITS.—(1) As provided under pro-
cedures prescribed by regulation,’’ and inserting 
the following: 
‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 
‘‘(1) IN GENERAL.—As provided under proce-
dures and criteria prescribed by regulation in ac-
cordance with section 553 of title 5, United States 
Code,’’; 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) REQUIREMENTS.—The Secretary shall en-
sure that the procedures and criteria prescribed 
under paragraph (1) provide adequate consistency, 
predictability, and transparency in making the deter-
minations to issue, modify, or terminate a special 
permit.’’; and 
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(C) by striking ‘‘(2) A special permit’’ and 
inserting the following: 
‘‘(3) EFFECTIVE PERIOD.—A special permit’’; 
and 
(2) by adding at the end the following: 
‘‘(f) LIMITATION ON DENIAL.—The Secretary may 
not deny an application for a modification or renewal of 
a special permit or an application for party status to an 
existing special permit for the sole reason that the appli-
cant has a hazardous material out-of-service percentage 
of greater than the national average, according to the safe-
ty and fitness records maintained by the Federal Motor 
Carrier Safety Administration. 
‘‘(g) INCORPORATION INTO REGULATION.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date on which a special permit has been in con-
tinuous effect for a 6-year period, the Secretary 
shall develop and implement a rulemaking pursuant 
to section 5103 to incorporate the special permit 
into regulation if the special permit— 
‘‘(A) concerns a matter of general applica-
bility; 
‘‘(B) has future effect; and 
‘‘(C) is consistent with hazardous material 
safety. 
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‘‘(2) INTENT.—Nothing in paragraph (1) limits 
the Secretary from incorporating a special permit 
into regulation at any time before the deadline set 
by paragraph (1). 
‘‘(3) OLDER SPECIAL PERMITS.—Not later than 
3 years after the date of enactment of this sub-
section, the Secretary shall finalize a rulemaking 
pursuant to section 5103 to incorporate into regula-
tion any special permit that concerns a matter of 
general applicability, has future effect, is consistent 
with hazardous material safety, and has been in con-
tinuous effect for more than a 6-year period as of 
the date of enactment of this subsection.’’. 
SEC. 9013. HAZARDOUS MATERIAL UNIFORM MOTOR CAR-
RIER PERMIT PROGRAM. 
Section 5119 is amended by striking subsection (a) 
and all that follows and inserting the following: 
‘‘(a) UNIFORM MOTOR CARRIER PERMIT PROGRAM 
DEFINED.—In this section, the term ‘Uniform Motor Car-
rier Permit Program’ means the State-based, reciprocal 
program of uniform forms and procedures for registering 
and permitting persons who transport hazardous material 
by motor vehicle developed and recommended by the Alli-
ance for Uniform Hazmat Transportation Procedures, in-
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cluding any superseding amendments or revisions adopted 
by the Secretary pursuant to subsection (b). 
‘‘(b) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Hazardous Material 
Transportation Safety, Efficiency, and Account-
ability Act of 2012, the Secretary shall issue regula-
tions to implement the Uniform Motor Carrier Per-
mit Program. 
‘‘(2) REVISIONS.—The Secretary may modify 
the regulations issued under paragraph (1) only as 
necessary to promote safety, efficiency, and uni-
formity. 
‘‘(c) FINANCIAL AND TECHNICAL ASSISTANCE AND 
SUPPORT.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
planning and transition assistance to States to facili-
tate the adoption of the Uniform Motor Carrier Per-
mit Program. 
‘‘(2) USE OF FUNDS.—A State shall use assist-
ance awarded under this subsection only to transi-
tion existing State registration and permitting pro-
grams to the Uniform Motor Carrier Permit Pro-
gram. 
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‘‘(3) TERMINATION OF AUTHORITY.—The au-
thority to provide assistance to States under this 
subsection shall terminate 6 years after the date of 
enactment of the Hazardous Material Transpor-
tation Safety, Efficiency, and Accountability Act of 
2012. 
‘‘(d) COOPERATIVE
AGREEMENT.—The Secretary 
may enter into a cooperative agreement for outreach, data 
management, and other centralized functions supporting 
implementation of the Uniform Motor Carrier Permit Pro-
gram. 
‘‘(e) RELATED EXPENSES.—For purposes of section 
5125(f)(1), a fee used for a purpose related to trans-
porting hazardous material may include the costs incurred 
in implementing and administering the Uniform Motor 
Carrier Permit Program, including the costs of estab-
lishing or modifying forms, procedures, and systems. 
‘‘(f) TRANSITION OF STATE PROGRAMS.—Not later 
than 6 years after the date of enactment of the Hazardous 
Material Transportation Safety, Efficiency, and Account-
ability Act of 2012, a State may enforce registration and 
permitting requirements for motor carriers that transport 
hazardous material in commerce only in accordance with 
the Uniform Motor Carrier Permit Program. 
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‘‘(g) LIMITATION.—Nothing in this section shall de-
fine or limit the amount of a fee a State may impose or 
collect for registration and permitting.’’. 
SEC. 9014. INTERNATIONAL UNIFORMITY OF STANDARDS 
AND REQUIREMENTS. 
Section 5120 is amended— 
(1) in subsection (a) by striking ‘‘State, the 
Secretary of Transportation shall participate’’ and 
inserting ‘‘State and the Secretary of Transpor-
tation, the Administrator of the Pipelines and Haz-
ardous Materials Safety Administration, or the Ad-
ministrator’s designee, shall represent the United 
States and serve as the United States competent au-
thority’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘The Secretary’’ and in-
serting ‘‘The Administrator’’; and 
(B) by striking ‘‘sections 5103(b), 5104, 
5110, and 5112 of this title’’ and inserting 
‘‘this chapter’’. 
SEC. 9015. INVESTIGATIONS. 
(a) INSPECTIONS
AND
INVESTIGATIONS.—Section 
5121(c)(1) is amended— 
(1) in subparagraph (B) by striking ‘‘may con-
tain a hazardous material;’’ and inserting ‘‘may con-
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tain an undeclared hazardous material and such ac-
tivity takes place at a properly equipped facility des-
ignated by the Secretary for this purpose;’’; 
(2) in subparagraph (C), in the matter pre-
ceding clause (i), by striking ‘‘or related packages’’ 
and inserting ‘‘suspected of containing undeclared 
hazardous material’’; 
(3) in subparagraph (E) by striking ‘‘may 
order’’ and all that follows through ‘‘; and’’ and in-
serting ‘‘may order the offeror, after giving notice to 
the carrier, to have the package transported to, 
opened, and the contents examined and analyzed at 
a properly equipped facility designated by the Sec-
retary for this purpose;’’; 
(4) in subparagraph (F) by striking the period 
at the end and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(G) shall provide contemporaneous notice 
to the affected offeror and carrier of its decision 
to exercise its authority under subparagraphs 
(B), (C), (D), or (E).’’. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Section 5121(e) is amended 
to read as follows: 
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‘‘(e) REGULATIONS.—To carry out subsections (c) 
and (d), the Secretary shall issue regulations in accord-
ance with section 553 of title 5 that address, at a min-
imum, the following: 
‘‘(1) Avoidance of delay in the transportation of 
time-sensitive materials, such as medical products, 
perishables, and other packages that are not the 
subject of the inspection. 
‘‘(2) Appropriate training and equipment for in-
spectors. 
‘‘(3) Restoration of the properly certified status 
of the inspected package before resumption of trans-
portation of that package. 
‘‘(4) Consideration of the costs and damages 
that might occur as a result of an inspection.’’. 
(2) REGULATION
REQUIRED.—In accordance 
with section 5103(b)(2) of title 49, United States 
Code, not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation 
shall take all actions necessary to finalize a regula-
tion pursuant to section 5121(e) of such title. 
SEC. 9016. BUILDING PARTNERSHIPS FOR IMPROVED SAFE-
TY AND SYSTEM PERFORMANCE. 
Section 5121(g) is amended— 
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(1) in paragraph (3) by striking ‘‘or’’ after the 
semicolon; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) to work with State enforcement personnel 
with information and training relating to the uni-
form enforcement of the regulations governing the 
transportation of hazardous material; or’’. 
SEC. 9017. SAFETY REPORTING. 
Section 5121(h) is amended— 
(1) in the heading by inserting ‘‘BIENNIAL’’ be-
fore ‘‘REPORT’’; 
(2) in the matter before paragraph (1) by strik-
ing ‘‘materials during’’ and inserting ‘‘material in all 
modes of transportation during’’; 
(3) by redesignating paragraphs (2) through 
(6) as paragraphs (3) through (7), respectively; 
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) a summary of the hazardous material 
transported during the period covered by the report, 
set forth by the type and quantity of hazardous ma-
terial and by mode;’’; 
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(5) in paragraph (4), as redesignated by para-
graph (3) of this section, by striking ‘‘permit’’ and 
inserting ‘‘permit issued’’; 
(6) in paragraph (5), as redesignated by para-
graph (3) of this section, by striking ‘‘activities’’ and 
inserting ‘‘activities, including activities conducted 
under subsections (c) and (d),’’; and 
(7) in paragraph (7), as redesignated by para-
graph (3) of this section, by striking ‘‘appropriate 
legislation’’ and inserting ‘‘legislative action that the 
Secretary considers appropriate’’. 
SEC. 9018. CIVIL PENALTIES. 
(a) PENALTY.—Section 5123(a) is amended— 
(1) in paragraph (1) by striking ‘‘at least $250 
but’’; 
(2) by striking paragraph (3) and redesignating 
paragraph (4) as paragraph (3); and 
(3) by adding at the end the following: 
‘‘(4) A carrier shall not be liable for violations of this 
chapter, or a regulation issued under this chapter, stem-
ming from pre-transportation functions, as defined in sec-
tion 171.1 of title 49, Code of Federal Regulations, that 
are performed by another person unless the carrier has 
actual knowledge of a violation.’’. 
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(b) PENALTY FOR FAILURE TO MAINTAIN RECORDS, 
REPORTS, AND INFORMATION.—Section 5123 is amended 
by adding at the end the following: 
‘‘(h) 
PENALTY
FOR
FAILURE
TO
MAINTAIN 
RECORDS, REPORTS, AND INFORMATION.—The Secretary 
may impose a penalty on a person who fails to comply 
with section 5121(b).’’. 
SEC. 9019. PREEMPTION. 
(a) BURDEN
ON COMMERCE.—Section 5125(a) is 
amended— 
(1) in paragraph (1) by striking ‘‘or’’ after the 
semicolon; 
(2) in paragraph (2) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) the requirement of the State, political sub-
division, or Indian tribe, as applied or enforced, is 
an unreasonable burden on commerce.’’. 
(b) 
SUBSTANTIVE
DIFFERENCES.—Section 
5125(b)(1)(D) is amended by striking ‘‘written’’. 
(c) ROUTE REGISTRY.—Section 5125(c)(1) is amend-
ed by striking the period at the end and inserting ‘‘and 
is published in the Department’s hazardous material route 
registry under section 5112(c).’’. 
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(d) FEES.—Section 5125(f)(2) is amended by strik-
ing ‘‘, upon the Secretary’s request,’’ and inserting ‘‘bien-
nially’’. 
(e) NON-FEDERAL ENFORCEMENT STANDARDS.— 
Section 5125 is amended by striking subsection (h). 
(f) CONFORMING CHANGE.—Section 5125 is further 
amended— 
(1) in subsections (d)(1) and (e) by striking ‘‘or 
section 5119(f)’’; and 
(2) in subsection (g) by striking ‘‘, and in sec-
tion 5119(f),’’. 
SEC. 9020. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 is amended to read as follows: 
‘‘§ 5128. Authorization of appropriations 
‘‘(a) IN GENERAL.—In order to carry out this chap-
ter (except sections 5108(g)(2), 5113, 5115, 5116, and 
5119), there are authorized to be appropriated to the Sec-
retary $39,000,000 for each of fiscal years 2012 through 
2016. 
‘‘(b) HAZARDOUS
MATERIAL
EMERGENCY
PRE-
PAREDNESS FUND.—For each of the fiscal years 2012 
through 2016, there shall be available to the Secretary, 
from the account established pursuant to section 5116(i), 
the following: 
‘‘(1) To carry out section 5115, $188,000. 
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‘‘(2) To carry out subsections (a) and (b) of 
section 5116, $21,800,000. 
‘‘(3) To carry out section 5116(f), $150,000. 
‘‘(4) To publish and distribute the Emergency 
Response Guidebook under section 5116(j)(3), 
$625,000. 
‘‘(5) To carry out section 5116(j), $1,000,000. 
‘‘(c) ISSUANCE OF HAZMAT LICENSES.—There are 
authorized to be appropriated to the Secretary such 
amounts as may be necessary to carry out section 5103a. 
‘‘(d) CREDITS TO APPROPRIATIONS.—The Secretary 
may credit to any appropriation to carry out this chapter 
an amount received from a State, Indian tribe, or other 
public authority or private entity for expenses the Sec-
retary incurs in providing training to the State, tribe, au-
thority, or entity. 
‘‘(e) UNIFORM FORMS
AND PROCEDURES.—There 
are authorized to be appropriated to the Secretary 
$1,000,000 to carry out section 5119. This amount shall 
remain available to be expended by the Secretary for the 
6-year period that begins on the date of enactment of this 
section. 
‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 
available by or under this section, except for the amount 
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under subsection (e), shall remain available until ex-
pended.’’. 
SEC. 9021. ELECTRONIC SHIPPING PAPERS PILOT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish pilot projects, at least one of which shall 
be in a rural area, to evaluate the feasibility and cost effec-
tiveness of electronic shipping paper systems that facili-
tate the exchange of shipping paper information between 
offerors of hazardous material under chapter 51 of title 
49, United States Code, carriers, and emergency respond-
ers. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary 
shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results 
of the pilot projects carried out under this section. 
(2) CONTENTS.—The report shall contain, at a 
minimum— 
(A) an evaluation of each pilot project, in-
cluding an evaluation of the impacts on safety 
and the performance of each system evaluated 
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under that project and a cost-benefit analysis 
for each mode of transportation; and 
(B) based on the results of the cost-benefit 
analyses, a recommendation on whether elec-
tronic shipping papers systems described in 
subsection (a) should be incorporated into the 
Federal hazardous material safety program 
under chapter 51 of title 49, United States 
Code, on a permanent basis. 
SEC. 9022. WETLINES. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall enter into an arrangement with an ob-
jective non-profit organization to conduct a peer-re-
viewed study of the transportation of flammable liq-
uids in the external product piping of cargo tank 
motor vehicles (commonly referred to as ‘‘wetlines’’). 
(2) CONTENTS.—The study shall— 
(A) accurately quantify the number of 
wetlines incidents over a 10-year period; 
(B) identify various alternatives to loading 
and transporting flammable liquids in cargo 
tank wetlines; 
(C) examine the costs and benefits of each 
alternative; and 
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(D) identify existing obstacles to imple-
menting each alternative. 
(3) TRANSMITTAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a copy of the study. 
(b) REGULATORY RESTRICTION.—The Secretary may 
not issue a final rule regulating the transportation of flam-
mable liquids in the external product piping of cargo tank 
motor vehicles. 
SEC. 9023. PRODUCT STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a 
study on whether it is necessary to continue to designate 
any amount or form of finished pharmaceutical, finished 
cosmetic, or similar product containing ethyl alcohol as a 
hazardous material under section 5103(a) of title 49, 
United States Code. 
(b) CONTENTS.—The study conducted under sub-
section (a) shall include, at a minimum— 
(1) an evaluation of the history, severity, and 
costs of any incidents in transporting such products; 
(2) an evaluation of the risk posed by such 
products in commercial packaging in current use in 
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transportation and the risk associated in trans-
porting the products without any specific packaging 
required by any applicable special permit or regula-
tion; 
(3) the costs to the industry of designating the 
products as hazardous material, including the cost of 
regulation, as compared with the costs of incidents 
that have occurred or are probable with regard to 
the products; and 
(4) a summary of comments from industry 
stakeholders and the public on whether there is a 
need for continued designation of such products as 
hazardous material. 
(c) TRANSMITTAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall transmit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study conducted under sub-
section (a) and any proposed actions to be taken by the 
Secretary resulting from the study. 
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TITLE X—WATERBORNE 
TRANSPORTATION 
SEC. 10001. SENSE OF CONGRESS ON HARBOR MAINTE-
NANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) There are 926 ports served by federally 
maintained channels which handle more than 2.2 bil-
lion tons of cargo annually, and this figure is ex-
pected to increase. 
(2) More than $1.1 trillion in foreign commerce 
enters the United States through the Nation’s ports 
annually, and this figure is expected to increase. 
(3) Expansion of the Panama Canal system in 
Central America will likely be completed in 2014, 
and this will present opportunities and challenges for 
the Nation’s economic well-being. 
(4) Insufficient maintenance dredging of the 
Nation’s navigation channels results in inefficient 
water transportation and harmful economic con-
sequences. 
(5) In 1986, Congress created the Harbor 
Maintenance Trust Fund to provide funds for the 
operation and maintenance of the Nation’s naviga-
tion channels. 
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(6) The fiscal year 2011, Harbor Maintenance 
Trust Fund equity grew by 13.7 percent from fiscal 
year 2010 (to $6.42 billion) and total annual re-
ceipts increased 17.3 percent (to $1.6 billion). 
(7) Despite growth of the Harbor Maintenance 
Trust Fund, expenditures from the Harbor Mainte-
nance Trust Fund continue to decline. 
(8) Despite growth of the Harbor Maintenance 
Trust Fund, federally maintained channels are only 
at their authorized widths or depths 35 percent of 
the time, thereby restricting access to the Nation’s 
ports for both imports and exports. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Harbor Maintenance Trust Fund is not 
being used for its intended purpose and charging 
maritime commerce a harbor maintenance tax while 
failing to provide the service for which it was estab-
lished is unfair and places the Nation at economic 
risk; 
(2) the Administration should request full use 
of the Harbor Maintenance Trust Fund for oper-
ating and maintaining the Nation’s navigation sys-
tem; and 
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(3) Congress should fully expend the amounts 
in the Harbor Maintenance Trust Fund to operate 
and maintain the Nation’s navigation system. 
TITLE 
XI—REAUTHORIZATION 
AND AMENDMENTS TO THE 
SPORT 
FISH 
RESTORATION 
AND BOATING TRUST FUND 
SEC. 11001. SHORT TITLE. 
This title may be cited as the ‘‘Sportfishing and Rec-
reational Boating Safety Act of 2012’’. 
SEC. 11002. REAUTHORIZATION AND AMENDMENTS TO THE 
SPORT FISH RESTORATION AND BOATING 
TRUST FUND. 
(a) DINGELL-JOHNSON SPORT FISH RESTORATION 
ACT.—Section 4 of the Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a) in the matter preceding 
paragraph (1), by striking ‘‘For each of’’ and all 
that follows through ‘‘the balance of each annual’’ 
and inserting ‘‘For each fiscal year through fiscal 
year 2016, the balance of each annual’’; 
(2) in subsection (b)(1)(A), by striking ‘‘From 
the annual’’ and all that follows through ‘‘the Sec-
retary’’ and inserting ‘‘From the annual appropria-
tion made in accordance with section 3 for each fis-
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cal year through fiscal year 2016, the Secretary’’; 
and 
(3) in subsection (b)(1)(B)— 
(A) by striking ‘‘The available amount’’ 
and all that follows through ‘‘the sum of—’’ 
and inserting ‘‘The available amount referred to 
in subparagraph (A) is, for each fiscal year, the 
sum of—’’; and 
(B) by redesignating subitems (aa) and 
(bb) as clauses (i) and (ii), and moving them 4 
ems to the left. 
(b) EXTENSION OF EXPENDITURE AUTHORITY FROM 
THE SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of the Internal Revenue Code of 
1986 is amended— 
(1) in subsection (b)(2), by striking ‘‘(as in ef-
fect on’’ each place it appears and all that follows 
through the next closed parenthesis and inserting 
‘‘(as in effect on the date of enactment of the 
Sportfishing and Recreational Boating Safety Act of 
2012)’’, and 
(2) in subsection (d)(2), by striking ‘‘before’’ 
and all that follows through ‘‘in accordance’’ and in-
serting ‘‘before October 1, 2016, in accordance’’. 
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(c) AUTHORIZATION OF APPROPRIATIONS.—Chapter 
131 of title 46, United States Code, is amended— 
(1) in section 13107(a)(2), by striking ‘‘two’’ 
and inserting ‘‘1.5’’; and 
(2) in section 13107(c), by striking so much as 
precedes paragraph (2) and inserting the following: 
‘‘(c)(1) Of the amount transferred to the Secretary 
under section 4(a)(2) of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c(a)(2))— 
‘‘(A) $6,000,000 is available to the Secretary 
for the payment of expenses of the Coast Guard for 
personnel and activities directly related to coordi-
nating and carrying out the national recreational 
boating safety program under this title, of which not 
less than $2,000,000 shall be available to the Sec-
retary only to ensure compliance with chapter 43 of 
this title; and 
‘‘(B) $100,000 is available to fund the activities 
of the National Boating Safety Advisory Council es-
tablished under this chapter.’’. 
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TITLE XII—EXTENSION OF SUR-
FACE TRANSPORTATION PRO-
GRAMS 
SEC. 12001. SHORT TITLE; EFFECTIVE DATE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Surface Transportation Extension Act of 2012’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this title take effect on April 1, 2012. 
Subtitle A—Federal-Aid Highways 
SEC. 12101. EXTENSION OF FEDERAL-AID HIGHWAY PRO-
GRAMS. 
(a) IN GENERAL.—Section 111 of the Surface Trans-
portation Extension Act of 2011, Part II (Public Law 
112–30; 125 Stat. 343) is amended— 
(1) by striking ‘‘the period beginning on Octo-
ber 1, 2011, and ending on March 31, 2012,’’ each 
place it appears and inserting ‘‘fiscal year 2012’’; 
(2) by striking ‘‘1⁄2 of’’ each place it appears; 
and 
(3) in subsection (a) by striking ‘‘March 31, 
2012’’ and inserting ‘‘September 30, 2012’’. 
(b) USE OF FUNDS.—Section 111(c) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 
343) is amended— 
(1) in paragraph (3)— 
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(A) in subparagraph (A) by striking ‘‘, ex-
cept that during such period’’ and all that fol-
lows before the period at the end; and 
(B) in subparagraph (B)(ii) by striking 
‘‘$319,500,000’’ and inserting ‘‘$639,000,000’’; 
and 
(2) by striking paragraph (4). 
(c) EXTENSION OF AUTHORIZATIONS UNDER TITLE 
V OF SAFETEA–LU.—Section 111(e)(2) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 
343) is amended by striking ‘‘the period beginning on Oc-
tober 1, 2011, and ending on March 31, 2012.’’ and in-
serting ‘‘fiscal year 2012.’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 112(a) of 
the Surface Transportation Extension Act of 2011, Part 
II (125 Stat. 346) is amended by striking ‘‘$196,427,625 
for the period beginning on October 1, 2011, and ending 
on March 31, 2012.’’ and inserting ‘‘$392,855,250 for fis-
cal year 2012.’’. 
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Subtitle B—Extension of Highway 
Safety Programs 
SEC. 12201. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 
SAFETY ADMINISTRATION HIGHWAY SAFETY 
PROGRAMS. 
(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec-
tion 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is 
amended by striking ‘‘$235,000,000 for fiscal year 2009’’ 
and all that follows through the period at the end and 
inserting ‘‘and $235,000,000 for each of fiscal years 2009 
through 2012.’’. 
(b) HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.—Section 2001(a)(2) of SAFETEA–LU (119 Stat. 
1519) is amended by striking ‘‘$108,244,000 for fiscal 
year 2011’’ and all that follows through the period at the 
end and inserting ‘‘and $108,244,000 for each of fiscal 
years 2011 and 2012.’’. 
(c) OCCUPANT PROTECTION INCENTIVE GRANTS.— 
Section 2001(a)(3) of SAFETEA–LU (119 Stat. 1519) 
is amended by striking ‘‘, $25,000,000 for fiscal year 
2006’’ and all that follows through the period at the end 
and inserting ‘‘and $25,000,000 for each of fiscal years 
2006 through 2012.’’. 
(d) SAFETY BELT PERFORMANCE GRANTS.—Section 
2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amend-
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2011, and ending on March 31, 2012.’’ and insert-
ing ‘‘2012.’’. 
(d) 
HIGH-PRIORITY
ACTIVITIES.—Section 
31104(k)(2) of title 49, United States Code, is amended 
by striking ‘‘2011 and $7,500,000 for the period begin-
ning on October 1, 2011, and ending on March 31, 2012,’’ 
and inserting ‘‘2012’’. 
(e) 
NEW
ENTRANT
AUDITS.—Section 
31144(g)(5)(B) of title 49, United States Code, is amend-
ed by striking ‘‘and up to $14,500,000 for the period be-
ginning on October 1, 2011, and ending on March 31, 
2012,’’. 
(f) OUTREACH AND EDUCATION.—Section 4127(e) of 
SAFETEA–LU (119 Stat. 1741) is amended by striking 
‘‘and 2011 (and $500,000 to the Federal Motor Carrier 
Safety Administration, and $1,500,000 to the National 
Highway Traffic Safety Administration, for the period be-
ginning on October 1, 2011, and ending on March 31, 
2012)’’ and inserting ‘‘2011, and 2012’’. 
(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 
(119 Stat. 1744) is amended by striking ‘‘2011 and 
$500,000 for the period beginning on October 1, 2011, 
and ending on March 31, 2012,’’ and inserting ‘‘2012’’. 
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(h) MOTOR
CARRIER
SAFETY
ADVISORY
COM-
MITTEE.—Section 4144(d) of SAFETEA–LU (119 Stat. 
1748) is amended by striking ‘‘March 31, 2012’’ and in-
serting ‘‘September 30, 2012’’. 
(i) WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE 
RELATIONS.—Section 4213(d) of SAFETEA–LU (49 
U.S.C. 14710 note; 119 Stat. 1759) is amended by strik-
ing ‘‘March 31, 2012’’ and inserting ‘‘September 30, 
2012’’. 
SEC. 12203. ADDITIONAL PROGRAMS. 
(a) 
HAZARDOUS
MATERIALS
RESEARCH 
PROJECTS.—Section 7131(c) of SAFETEA–LU (119 
Stat. 1910) is amended by striking ‘‘2011 and $580,000 
for the period beginning on October 1, 2011, and ending 
on March 31, 2012,’’ and inserting ‘‘2012’’. 
(b) DINGELL-JOHNSON SPORT FISH RESTORATION 
ACT.—Section 4 of the Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a) by striking ‘‘2011 and for 
the period beginning on October 1, 2011, and ending 
on March 31, 2012,’’ and inserting ‘‘2012,’’; and 
(2) in the first sentence of subsection (b)(1)(A) 
by striking ‘‘2011 and for the period beginning on 
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October 1, 2011, and ending on March 31, 2012,’’ 
and inserting ‘‘2012,’’. 
Subtitle C—Public Transportation 
Programs 
SEC. 12301. ALLOCATION OF FUNDS FOR PLANNING PRO-
GRAMS. 
Section 5305(g) of title 49, United States Code, is 
amended by striking ‘‘2011 and for the period beginning 
on October 1, 2011, and ending on March 31, 2012’’ and 
inserting ‘‘2012’’. 
SEC. 12302. SPECIAL RULE FOR URBANIZED AREA FOR-
MULA GRANTS. 
Section 5307(b)(2) of title 49, United States Code, 
is amended— 
(1) by striking the paragraph heading and in-
serting ‘‘SPECIAL
RULE
FOR
FISCAL
YEARS
2005 
THROUGH 2012.—’’; 
(2) in subparagraph (A) by striking ‘‘2011 and 
the period beginning on October 1, 2011, and ending 
on March 31, 2012,’’ and inserting ‘‘2012,’’ ; and 
(3) in subparagraph (E)— 
(A) by striking the subparagraph heading 
and inserting ‘‘MAXIMUM AMOUNTS IN FISCAL 
YEARS 2008 THROUGH 2012.—’’; and 
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(B) in the matter preceding clause (i) by 
striking ‘‘2011 and during the period beginning 
on October 1, 2011, and ending on March 31, 
2012’’ and inserting ‘‘2012’’. 
SEC. 12303. ALLOCATING AMOUNTS FOR CAPITAL INVEST-
MENT GRANTS. 
Section 5309(m) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) by striking the paragraph heading and 
inserting 
‘‘FISCAL
YEARS
2006
THROUGH 
2012.—’’; 
(B) in the matter preceding subparagraph 
(A) by striking ‘‘2011 and the period beginning 
on October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘2012’’; and 
(C) in subparagraph (A)(i) by striking 
‘‘2011 and $100,000,000 for the period begin-
ning on October 1, 2011, and ending on March 
31, 2012,’’ and inserting ‘‘2012’’; 
(2) in paragraph (6)— 
(A) in subparagraph (B) by striking ‘‘2011 
and $7,500,000 shall be available for the period 
beginning on October 1, 2011, and ending on 
March 31, 2012,’’ and inserting ‘‘2012’’; and 
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(B) in subparagraph (C) by striking ‘‘2011 
and $2,500,000 shall be available for the period 
beginning on October 1, 2011, and ending on 
March 31, 2012,’’ and inserting ‘‘2012’’; and 
(3) in paragraph (7)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause 
(i)— 
(I) in the first sentence by strik-
ing ‘‘2011 and $5,000,000 shall be 
available for the period beginning on 
October 1, 2011, and ending on 
March 31, 2012,’’ and inserting 
‘‘2012’’; and 
(II) in the second sentence by in-
serting ‘‘each fiscal year’’ before the 
colon; 
(ii) in clause (i) by striking ‘‘for each 
fiscal year and $1,250,000 for the period 
beginning on October 1, 2011, and ending 
on March 31, 2012,’’; 
(iii) in clause (ii) by striking ‘‘for each 
fiscal year and $1,250,000 for the period 
beginning on October 1, 2011, and ending 
on March 31, 2012,’’; 
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(iv) in clause (iii) by striking ‘‘for 
each fiscal year and $500,000 for the pe-
riod beginning on October 1, 2011, and 
ending on March 31, 2012,’’; 
(v) in clause (iv) by striking ‘‘for each 
fiscal year and $500,000 for the period be-
ginning on October 1, 2011, and ending on 
March 31, 2012,’’; 
(vi) in clause (v) by striking ‘‘for each 
fiscal year and $500,000 for the period be-
ginning on October 1, 2011, and ending on 
March 31, 2012,’’; 
(vii) in clause (vi) by striking ‘‘for 
each fiscal year and $500,000 for the pe-
riod beginning on October 1, 2011, and 
ending on March 31, 2012,’’; 
(viii) in clause (vii) by striking ‘‘for 
each fiscal year and $325,000 for the pe-
riod beginning on October 1, 2011, and 
ending on March 31, 2012,’’; and 
(ix) in clause (viii) by striking ‘‘for 
each fiscal year and $175,000 for the pe-
riod beginning on October 1, 2011, and 
ending on March 31, 2012,’’; 
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(B) in subparagraph (B) by striking clause 
(vii) and inserting the following: 
‘‘(vii) $13,500,000 for fiscal year 
2012.’’; 
(C) in subparagraph (C) by striking ‘‘and 
during the period beginning on October 1, 
2011, and ending on March 31, 2012,’’; 
(D) in subparagraph (D) by striking ‘‘and 
not less than $17,500,000 shall be available for 
the period beginning on October 1, 2011, and 
ending on March 31, 2012,’’; and 
(E) in subparagraph (E) by striking ‘‘and 
$1,500,000 shall be available for the period be-
ginning on October 1, 2011, and ending on 
March 31, 2012,’’. 
SEC. 12304. APPORTIONMENT OF FORMULA GRANTS FOR 
OTHER THAN URBANIZED AREAS. 
Section 5311(c)(1)(G) of title 49, United States 
Code, is amended to read as follows: 
‘‘(G) $15,000,000 for fiscal year 2012.’’. 
SEC. 12305. APPORTIONMENT BASED ON FIXED GUIDEWAY 
FACTORS. 
Section 5337 of title 49, United States Code, is 
amended by striking subsection (g). 
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SEC. 12306. AUTHORIZATIONS FOR PUBLIC TRANSPOR-
TATION. 
(a) FORMULA AND BUS GRANTS.—Section 5338(b) 
of title 49, United States Code, is amended— 
(1) in paragraph (1) by striking subparagraph 
(G) and inserting the following: 
‘‘(G) 
$8,360,565,000 
for 
fiscal 
year 
2012.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A) by striking 
‘‘$113,500,000 for each of fiscal years 2009 
and 2010, $113,500,000 for fiscal year 2011, 
and $56,750,000 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $113,500,000 for 
each of fiscal years 2009 through 2012’’; 
(B) in subparagraph (B) by striking 
‘‘$4,160,365,000 for each of fiscal years 2009 
and 2010, $4,160,365,000 for fiscal year 2011, 
and $2,080,182,500 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $4,160,365,000 for 
each of fiscal years 2009 through 2012’’; 
(C) in subparagraph (C) by striking 
‘‘$51,500,000 for each of fiscal years 2009 and 
2010, $51,500,000 for fiscal year 2011, and 
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$25,750,000 for the period beginning on Octo-
ber 1, 2011, and ending on March 31, 2012,’’ 
and inserting ‘‘and $51,500,000 for each of fis-
cal years 2009 through 2012’’; 
(D) in subparagraph (D) by striking 
‘‘$1,666,500,000 for each of fiscal years 2009 
and 2010, $1,666,500,000 for fiscal year 2011, 
and $833,250,000 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $1,666,500,000 for 
each of fiscal years 2009 through 2012’’; 
(E) in subparagraph (E) by striking 
‘‘$984,000,000 for each of fiscal years 2009 
and 2010, $984,000,000 for fiscal year 2011, 
and $492,000,000 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $984,000,000 for 
each of fiscal years 2009 through 2012’’; 
(F) in subparagraph (F) by striking 
‘‘$133,500,000 for each of fiscal years 2009 
and 2010, $133,500,000 for fiscal year 2011, 
and $66,750,000 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $133,500,000 for 
each of fiscal years 2009 through 2012’’; 
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(G) in subparagraph (G) by striking 
‘‘$465,000,000 for each of fiscal years 2009 
and 2010, $465,000,000 for fiscal year 2011, 
and $232,500,000 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $465,000,000 for 
each of fiscal years 2009 through 2012’’; 
(H) in subparagraph (H) by striking 
‘‘$164,500,000 for each of fiscal years 2009 
and 2010, $164,500,000 for fiscal year 2011, 
and $82,250,000 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $164,500,000 for 
each of fiscal years 2009 through 2012’’; 
(I) in subparagraph (I) by striking 
‘‘$92,500,000 for each of fiscal years 2009 and 
2010, $92,500,000 for fiscal year 2011, and 
$46,250,000 for the period beginning on Octo-
ber 1, 2011, and ending on March 31, 2012,’’ 
and inserting ‘‘and $92,500,000 for each of fis-
cal years 2009 through 2012’’; 
(J) in subparagraph (J) by striking 
‘‘$26,900,000 for each of fiscal years 2009 and 
2010, $26,900,000 for fiscal year 2011, and 
$13,450,000 for the period beginning on Octo-
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842 
ber 1, 2011, and ending on March 31, 2012,’’ 
and inserting ‘‘and $26,900,000 for each of fis-
cal years 2009 through 2012’’; 
(K) in subparagraph (K) by striking ‘‘in 
fiscal year 2006’’ and all that follows through 
‘‘March 31, 2012,’’ and inserting ‘‘for each of 
fiscal years 2006 through 2012’’; 
(L) in subparagraph (L) by striking ‘‘in 
fiscal year 2006’’ and all that follows through 
‘‘March 31, 2012,’’ and inserting ‘‘for each of 
fiscal years 2006 through 2012’’; 
(M) in subparagraph (M) by striking 
‘‘$465,000,000 for each of fiscal years 2009 
and 2010, $465,000,000 for fiscal year 2011, 
and $232,500,000 for the period beginning on 
October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘and $465,000,000 for 
each of fiscal years 2009 through 2012’’; and 
(N) in subparagraph (N) by striking 
‘‘$8,800,000 for each of fiscal years 2009 and 
2010, $8,800,000 for fiscal year 2011, and 
$4,400,000 for the period beginning on October 
1, 2011, and ending on March 31, 2012,’’ and 
inserting ‘‘and $8,800,000 for each of fiscal 
years 2009 through 2012’’. 
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(b) 
CAPITAL
INVESTMENT
GRANTS.—Section 
5338(c)(7) of title 49, United States Code, is amended 
to read as follows: 
‘‘(7) $1,600,000,000 for fiscal year 2012.’’. 
(c) RESEARCH AND UNIVERSITY RESEARCH CEN-
TERS.—Section 5338(d) of title 49, United States Code, 
is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph 
(A), 
by 
striking 
‘‘and 
2010, 
$69,750,000 for fiscal year 2011, and $29,500,000 
for the period beginning on October 1, 2011, and 
ending on March 31, 2012,’’ and inserting ‘‘through 
2011 and $44,000,000 for fiscal year 2012’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ADDITIONAL AUTHORIZATIONS.— 
‘‘(A) RESEARCH.—Of amounts authorized 
to be appropriated under paragraph (1) for fis-
cal year 2012, the Secretary shall allocate for 
each of the activities and projects described in 
subparagraphs (A) through (F) of paragraph 
(1) an amount equal to 63 percent of the 
amount allocated for fiscal year 2009 under 
each such subparagraph. 
‘‘(B) UNIVERSITY CENTERS PROGRAM.— 
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‘‘(i) FISCAL
YEAR
2012.—Of the 
amounts allocated under subparagraph 
(A)(i) for the university centers program 
under section 5506 for fiscal year 2012, 
the Secretary shall allocate for each pro-
gram described in clauses (i) through (iii) 
and (v) through (viii) of paragraph (2)(A) 
an amount equal to 63 percent of the 
amount allocated for fiscal year 2009 
under each such clause. 
‘‘(ii) FUNDING.—If the Secretary de-
termines that a project or activity de-
scribed in paragraph (2) received sufficient 
funds in fiscal year 2011, or a previous fis-
cal year, to carry out the purpose for 
which the project or activity was author-
ized, the Secretary may not allocate any 
amounts under clause (i) for the project or 
activity for fiscal year 2012 or any subse-
quent fiscal year.’’. 
(d) ADMINISTRATION.—Section 5338(e)(7) of title 
49, United States Code, is amended to read as follows: 
‘‘(7) $98,713,000 for fiscal year 2012.’’. 
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SEC. 12307. AMENDMENTS TO SAFETEA–LU. 
(a) CONTRACTED
PARATRANSIT
PILOT.—Section 
3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amend-
ed by striking ‘‘2011 and the period beginning on October 
1, 2011, and ending on March 31, 2012,’’ and inserting 
‘‘2012,’’. 
(b) PUBLIC-PRIVATE
PARTNERSHIP
PILOT
PRO-
GRAM.—Section 3011 of SAFETEA–LU (49 U.S.C. 5309 
note; 119 Stat. 1588) is amended— 
(1) in subsection (c)(5) by striking ‘‘2011 and 
the period beginning on October 1, 2011, and ending 
on March 31, 2012’’ and inserting ‘‘2012’’; and 
(2) in the second sentence of subsection (d) by 
striking ‘‘2011 and the period beginning on October 
1, 2011, and ending on March 31, 2012,’’ and in-
serting ‘‘2012’’. 
(c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH 
DISABILITIES PILOT PROGRAM.—Section 3012(b)(8) of 
SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1593) 
is amended by striking ‘‘March 31, 2012’’ and inserting 
‘‘September 30, 2012’’. 
(d) OBLIGATION
CEILING.—Section 3040(8) of 
SAFETEA–LU (119 Stat. 1639) is amended to read as 
follows: 
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‘‘(8) $10,458,278,000 for fiscal year 2012, of 
which not more than $8,360,565,000 shall be from 
the Mass Transit Account.’’. 
(e) PROJECT AUTHORIZATIONS
FOR NEW FIXED 
GUIDEWAY
CAPITAL
PROJECTS.—Section 
3043 
of 
SAFETEA–LU (119 Stat. 1640) is amended— 
(1) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘2011 and the period be-
ginning on October 1, 2011, and ending on March 
31, 2012,’’ and inserting ‘‘2012’’; and 
(2) in subsection (c), in the matter preceding 
paragraph (1), by striking ‘‘2011 and the period be-
ginning on October 1, 2011, and ending on March 
31, 2012,’’ and inserting ‘‘2012’’. 
(f) ALLOCATIONS FOR NATIONAL RESEARCH AND 
TECHNOLOGY PROGRAMS.—Section 3046 of SAFETEA– 
LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended— 
(1) in subsection (b) by striking ‘‘fiscal year or 
period’’ and inserting ‘‘fiscal year’’; and 
(2) by striking subsection (c)(2) and inserting 
the following: 
‘‘(2) for fiscal year 2012, in amounts equal to 
63 percent of the amounts allocated for fiscal year 
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2009 under each of paragraphs (2), (3), (5), and (8) 
through (25) of subsection (a).’’. 
Æ 
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