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improvements on the Northeast Corridor main line. 
The Committee shall meet not less than 2 times per 
year to consider safety and security matters on the 
main line. 
‘‘(3) REPORT.—At the beginning of the first ses-
sion of each Congress, the Secretary shall submit a re-
port to the Commission and to the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives on the status of 
efforts to improve safety and security on the Northeast 
Corridor main line. The report shall include the safe-
ty and security recommendations of the Committee 
and the comments of the Secretary on those rec-
ommendations.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 249 is amended by striking the item relating 
to section 24905 and inserting the following: 
‘‘24905. Northeast corridor infrastructure and operations advisory commission 
improvements.’’. 
SEC. 35203. NORTHEAST CORRIDOR HIGH-SPEED RAIL IM-
PROVEMENT PLAN. 
(a) PLANS.—Not later than 180 days after the date 
of enactment of this Act, Amtrak shall—
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(1) complete a refined vision for an integrated 
program of improvements on the Northeast Corridor 
that will result in, by 2040— 
(A) the development and operation of a new 
high-speed rail system capable of high capacity, 
200 mile-per-hour or greater operation between 
Washington, District of Columbia and Boston, 
Massachusetts; 
(B) the completion of the improvements 
identified in the Northeast Corridor Infrastruc-
ture Master Plan published by Amtrak on May 
19, 2010; and 
(C) the continued operation of existing and 
currently planned intercity, commuter, and 
freight services utilizing the Northeast Corridor 
during the implementation of the program; and 
(2) complete a business and financing plan to 
achieve the program under paragraph (1) that identi-
fies the estimated— 
(A) benefits and costs of the program, in-
cluding ridership, revenues, capital and oper-
ating costs, and cash flow projections; 
(B) implementation schedule, including the 
phasing of the program into achievable segments
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that maximize the benefits and support the ulti-
mate completion of the program; 
(C) potential financing sources for the pro-
gram, including Federal, State, local, and pri-
vate sector sources; and 
(D) organization changes, new institutional 
or corporate arrangements, partnerships, pro-
curement techniques, and other structures nec-
essary to implement the program. 
(b) SUPPORT.—The Secretary of Transportation shall 
provide appropriate support, assistance, oversight, and 
guidance to Amtrak during the preparation of the plans 
under subsection (a). 
(c) SUBMISSION.—Amtrak shall submit the refined vi-
sion and an appropriate elements of the business and fi-
nancing plan to the Federal Railroad Administration and 
the Northeast Corridor Infrastructure and Operations Advi-
sory Commission for use in the development of the Northeast 
Corridor High Speed and Intercity Service Development 
Plan and the Comprehensive Long-Range Northeast Cor-
ridor Strategy. 
(d) HIGH-SPEED RAIL EQUIPMENT.—The Secretary of 
Transportation shall not preclude the use of Federal funds 
made available to purchase rolling stock to purchase any 
equipment used for ‘‘high-speed rail’’ (as defined in section
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† HR 4348 EAS 
26106(b)(4) of title 49, United States Code) that otherwise 
complies with all applicable Federal standards. 
SEC. 35204. NORTHEAST CORRIDOR ENVIRONMENTAL RE-
VIEW PROCESS. 
(a) NORTHEAST CORRIDOR.—Not later than 90 days 
after the date of enactment of this Act, the Secretary shall 
complete a plan and a schedule for the completion of the 
programmatic environmental review for the Northeast Cor-
ridor. The schedule shall require the completion of the pro-
grammatic environmental review for the Northeast Corridor 
not later than 3 years after the date of enactment of this 
Act. 
(b) COORDINATION WITH THE NORTHEAST CORRIDOR 
INFRASTRUCTURE
AND OPERATIONS ADVISORY COMMIS-
SION.—The Federal Railroad Administration shall closely 
coordinate the programmatic environmental review process 
with the Northeast Corridor Infrastructure and Operations 
Advisory Commission. 
SEC. 35205. DELEGATION AUTHORITY. 
(a) DELEGATION OF AUTHORITY.—In carrying out 
programmatic or project level environmental reviews for 
high speed and intercity passenger rail programs, projects, 
or services, the Secretary may delegate to Amtrak any or 
all of the Secretary’s authority and responsibility under the 
National Environmental Policy Act of 1969 (42 U.S.C.
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4321 et seq.), section 106 of the National Historic Preserva-
tion Act of 1966 (16 U.S.C. 470f), section 4(f) of the Depart-
ment of Transportation Act (80 Stat. 934), section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 1344), 
and section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536), and may provide to Amtrak any related 
funding provided to the Secretary for such purposes as the 
Secretary deems necessary if— 
(1) Amtrak agrees in writing to assume the dele-
gated authority and responsibility; 
(2) Amtrak has or can obtain sufficient resources 
or the Secretary provides such resources to Amtrak to 
appropriately carry out such authority or responsi-
bility; and 
(3) delegating the authority and responsibility 
will improve the quality or timeliness of the environ-
mental review. 
SEC. 35206. AMTRAK INSPECTOR GENERAL. 
(a) IN GENERAL.—Chapter 243 is amended by adding 
after section 24316 the following: 
‘‘§ 24317. Inspector general 
‘‘(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Office of the Inspec-
tor General of Amtrak the following amounts: 
‘‘(1) For fiscal year 2009, $20,000,000.
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‘‘(2) For fiscal year 2010, $21,000,000. 
‘‘(3) For fiscal year 2011, $22,000,000. 
‘‘(4) For fiscal year 2012, $22,000,000. 
‘‘(5) For fiscal year 2013, $23,000,000. 
‘‘(b) AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Inspector General of 
Amtrak shall have the authority available to other In-
spectors General, as necessary in carrying out the du-
ties specified in the Inspector General Act 1978 (5 
U.S.C. App. 3), to investigate any alleged violation of 
sections 286, 287, 371, 641, 1001, 1002 and 1516 of 
title 18. 
‘‘(2) AGENCY.—Solely for purposes of sections 
286, 287, 371, 641, 1001, 1002, and 1516 of title 18, 
Amtrak and the Amtrak Office of the Inspector Gen-
eral, shall be considered a corporation in which the 
United States has a proprietary interest as set forth 
in section 6 of such title. 
‘‘(c) FALSE CLAIMS.—Claims made or presented to 
Amtrak shall be considered as claims under section 
3729(b)(2)(A)(ii) of title 31. Statements made or presented 
to Amtrak shall be considered as statements under subpara-
graphs (B) and (G) of section 3729(a)(1) of such title.
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‘‘(d) LIMITATION.—Subsections (b) and (c) shall be ef-
fective only with respect to a fiscal year for which Amtrak 
receives a Federal subsidy. 
‘‘(e) QUALIFIED IMMUNITY.— 
‘‘(1) IN GENERAL.—An employee of the Amtrak 
Office of Inspector General shall enjoy the same per-
sonal qualified immunity from lawsuit or liability as 
the employees of the Department of Transportation 
Office of Inspector General with respect to the per-
formance of investigative, audit, inspection, or eval-
uation functions authorized under the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) that are carried out 
for the Amtrak Office of Inspector General. 
‘‘(2) FEDERAL GOVERNMENT LIABILITY.—No li-
ability of any kind shall attach to or rest upon the 
United States for any damages from or by any ac-
tions of the Amtrak Office of Inspector General, its 
employees, agents, or representatives. 
‘‘(f) SERVICES.—Amtrak and the Inspector General of 
Amtrak may obtain services under sections 502(a) and 602 
of title 40, including travel programs, from the Adminis-
trator of General Services. The Administrator of General 
Services shall provide services under sections 502(a) and 
602 of title 40, to Amtrak and the Inspector General.’’.
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(b) MANAGEMENT ASSESSMENT.—Section 24310 is 
amended to read as follows: 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of the Passenger Rail Investment and Im-
provement Act of 2008 (122 Stat. 4907) and 2 years there-
after— 
‘‘(1) the Inspector General of the Department of 
Transportation shall complete an overall assessment 
of the progress made by the Department of Transpor-
tation in implementing the provisions of that Act; 
and 
‘‘(2) the Inspector General of Amtrak shall com-
plete an overall assessment of the progress made by 
Amtrak management in implementing the provisions 
of the Passenger Rail Investment and Improvement 
Act of 2008 (122 Stat. 4907). 
‘‘(b) ASSESSMENT.—The management assessment by 
the Amtrak Inspector General may include a review of— 
‘‘(1) the effectiveness in improving annual finan-
cial planning; 
‘‘(2) the effectiveness in improving financial ac-
counting; 
‘‘(3) Amtrak management’s efforts to implement 
minimum train performance standards;
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‘‘(4) Amtrak management’s progress toward 
maximizing revenues, minimizing Federal subsidies, 
and improving financial results; and 
‘‘(5) any other aspect of Amtrak operations that 
the Amtrak Inspector General finds appropriate.’’. 
(c) INSPECTOR
GENERAL
POLICIES
AND
PROCE-
DURES.—The Amtrak Inspector General and Amtrak 
shall— 
(1) continue to follow the policies and procedures 
for interacting with one another in a manner that is 
consistent with the Inspector General Act of 1978 (5 
U.S.C. App.), as approved by the Council of the In-
spectors General on Integrity and Efficiency; and 
(2) work toward establishing proper protocols 
and firewalls to maintain the Amtrak Inspector Gen-
eral’s independence, as appropriate. 
(d) IMPROVEMENTS.—The Amtrak Inspector General 
and Amtrak shall identify any funding needs and authority 
improvements necessary to effectuate the policies, proce-
dures, protocols, and firewalls under subsection (c) and sub-
mit a report of the necessary funding and authority im-
provements as part of their annual budget requests. 
(e) TECHNICAL AMENDMENT.—Section 101 of the Pas-
senger Rail Investment and Improvement Act of 2008 (122
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Stat. 4907), is amended by striking subsection (b) and in-
serting the following: 
‘‘(b) [Reserved].’’. 
(f) CLERICAL AMENDMENT.—The table of contents for 
chapter 243 is amended by adding at the end the following: 
‘‘24317. Inspector General.’’. 
SEC. 35207. COMPENSATION FOR PRIVATE-SECTOR USE OF 
FEDERALLY-FUNDED ASSETS. 
If capital assets that are owned by a public entity or 
Amtrak built or improved with Federal funds authorized 
under subtitle V of title 49, United States Code, are made 
available for exclusive use by a for-profit entity, except for 
an entity owned or controlled by the Department of Trans-
portation, for the purpose of providing intercity passenger 
rail service, the Secretary may require, as appropriate, that 
the for-profit entity provide adequate compensation, as de-
termined by the Secretary, to the United States for the use 
of the capital assets in an amount that reflects the benefit 
of the Federal funding to the for-profit entity. 
SEC. 35208. ON-TIME PERFORMANCE. 
Where the on time performance of any intercity pas-
senger train averages less than 80 percent for any 2 con-
secutive calendar quarters and the failure to meet such per-
formance levels is solely the responsibility of the host rail-
road, Amtrak shall not pay the host railroad any incentive
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payments for on time performance of the subject intercity 
passenger train during such calendar quarters. 
SEC. 35209. BOARD OF DIRECTORS. 
Section 24302(a)(3) is amended by striking ‘‘5’’ the 
second place it appears and inserting ‘‘4’’. 
SEC. 35210. AMTRAK. 
Section 24305(f) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(5) The requirements under this subsection shall 
apply to all contracts eligible for assistance under 
this chapter for a project carried out within the scope 
of the applicable finding, determination, or decision 
under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), regardless of the funding 
source of such contracts, if at least 1 contract for the 
project is funded with amounts made available to 
carry out this chapter.’’. 
Subtitle C—Rail Safety 
Improvements 
SEC. 35301. POSITIVE TRAIN CONTROL. 
(a) REVIEW
AND APPROVAL.—Section 20157(c) is 
amended to read as follows: 
‘‘(c) REVIEW AND APPROVAL.— 
‘‘(1) REVIEW.—Not later than 90 days after the 
Secretary receives a proposed plan, the Secretary
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† HR 4348 EAS 
shall review and approve or disapprove it. If a pro-
posed plan is not approved, the Secretary shall notify 
the affected railroad carrier or other entity as to the 
specific deficiencies in the proposed plan. The rail-
road carrier or other entity shall correct the defi-
ciencies not later than 30 days after receipt of the 
written notice. 
‘‘(2) AMENDMENTS.—The Secretary shall review 
any amendments to a plan in the time frame re-
quired by section (1). 
‘‘(3) ANNUAL REVIEW.—The Secretary shall con-
duct an annual review to ensure that each railroad 
carrier and entity is complying with its plan, includ-
ing a railroad carrier or entity that elects to fully im-
plement a positive train control system prior to the 
required deadline.’’. 
(b) REPORT CRITERIA.—Section 20157(d) is amended 
to read as follows: 
‘‘(d) REPORT.—Not later than June 30, 2012, the Sec-
retary shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives on the progress of the railroad carriers 
in implementing the positive train control systems, includ-
ing—
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† HR 4348 EAS 
‘‘(1) the likelihood that each railroad will meet 
the December 31, 2015 deadline; 
‘‘(2) the obstacles to each railroad’s successful 
implementation, including the obstacles identified in 
the General Accountability Office’s report issued on 
December 15, 2010, and titled ‘Rail Safety: Federal 
Railroad Administration Should Report on Risks to 
Successful Implementation of Mandated Safety Tech-
nology’ (GAO–11–133); and 
‘‘(3) the actions that Congress, railroads, rel-
evant Federal entities, and other stakeholders can take 
to mitigate obstacles to successful implementation.’’. 
(c) 
EXTENSION
AUTHORITY.—Section 
20157 
is 
amended— 
(1) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) EXTENSION.— 
‘‘(1) IN GENERAL.—After completing the report 
under subsection (d), the Secretary may extend in 1 
year increments, upon application, the implementa-
tion deadline, if the Secretary— 
‘‘(A) determines that—
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‘‘(i) full implementation will likely be 
infeasible due to circumstances beyond the 
control of the applicant, including funding 
availability, spectrum acquisition, resource 
and technology availability, and interoper-
ability standards; 
‘‘(ii) the applicant has demonstrated 
good faith in its positive train control im-
plementation; 
‘‘(iii) the applicant has presented a re-
vised positive train control implementation 
plan indicating how it will fully implement 
positive train control as soon as feasible, 
and not later than December 31, 2018; and 
‘‘(iv) such extension will not extend be-
yond December 31, 2018; and 
‘‘(B) takes into consideration— 
‘‘(i) whether the affected areas of track 
have been identified as areas of greater risk 
to the public and railroad employees in the 
applicant’s positive train control implemen-
tation plan under section 236.1011(a)(4) of 
title 49, Code of Federal Regulations; and 
‘‘(ii) the risk of operational failure to 
the affected service areas and the applicant.
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‘‘(2) APPLICATION REVIEW.—The Secretary shall 
review an application submitted pursuant to para-
graph (1) and approve or disapprove the application 
not later than 10 days after the application is re-
ceived.’’. 
(d) APPLICABILITY.—Section 20157 is amended by 
striking ‘‘transported;’’ in subsection (a)(1)(B) and insert-
ing ‘‘transported on or after December 31, 2015;’’. 
SEC. 35302. ADDITIONAL ELIGIBILITY FOR RAILROAD REHA-
BILITATION AND IMPROVEMENT FINANCING. 
(a) POSITIVE TRAIN CONTROL SYSTEMS.—Section 
502(b)(1) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(b)(1)), is amended— 
(1) in subparagraph (B) by striking ‘‘or’’; 
(2) in subparagraph (C) by striking ‘‘facilities.’’ 
and inserting ‘‘facilities; or’’; and 
(3) by adding at the end the following: 
‘‘(D) implement a positive train control 
system, as required by section 20157 of title 49, 
United States Code.’’. 
(b) POSITIVE TRAIN CONTROL COLLATERAL.—Section 
502(h)(2) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(h)(2)), is amended by 
adding at the end the following:
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† HR 4348 EAS 
‘‘For purposes of making a finding under sub-
section (g)(4) for a loan for positive train control, the 
total cost of the labor and materials associated with 
installing positive train control shall be deemed to be 
equal to the collateral value of that asset.’’. 
SEC. 35303. FCC STUDY OF SPECTRUM AVAILABILITY. 
(a) SPECTRUM NEEDS ASSESSMENT.—Not later than 
120 days after the date of enactment of this Act, the Sec-
retary of Transportation and the Chairman of the Federal 
Communications Commission shall coordinate to assess 
spectrum needs and availability for implementing positive 
train control systems, as defined in section 20157 of title 
49, United States Code. In conducting the spectrum needs 
assessment, the Secretary and the Chairman shall— 
(1) evaluate the information provided in the 
Federal Communications Commission WT–11–79 
proceeding; 
(2) evaluate the positive train control implemen-
tations plans and any subsequent amendments or 
waivers to those plans provided to the Federal Rail-
road Administration; and 
(3) evaluate individual railroad spectrum de-
mand studies. 
(b) RECOMMENDATIONS.—Not later than 90 days after 
the completion of the spectrum needs assessment under sub-
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† HR 4348 EAS 
section (a), the Secretary and the Chairman shall submit 
a plan to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
for approximate resolution to any issues that may prevent 
railroad carriers or entities from complying with the De-
cember 31, 2015, positive train control implementation 
deadline. 
Subtitle D—Freight Rail 
SEC. 35401. RAIL LINE RELOCATION. 
Section 20154 is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘either’’; 
(B) by striking ‘‘or’’ at the end of para-
graph (1); 
(C) by striking the period at the end of 
paragraph (2) and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(3) involves a lateral or vertical relocation of 
any portion of a road.’’; 
(2) in subsection (e)(1), by striking ‘‘10’’ and in-
serting ‘‘20’’; and 
(3) in subsection (h)(3), by inserting ‘‘a public 
agency,’’ after ‘‘of a State,’’.
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SEC. 35402. COMPILATION OF COMPLAINTS. 
(a) IN GENERAL.—Section 704 is amended— 
(1) by striking the section heading and inserting 
the following: 
‘‘§ 704. Reports’’; 
(2) by inserting ‘‘(a) ANNUAL REPORT.—’’ before 
‘‘The Board’’; and 
(3) by adding at the end the following: 
‘‘(b) COMPLAINTS.— 
‘‘(1) IN
GENERAL.—The Board shall establish 
and maintain a database of complaints received by 
the Board. 
‘‘(2) QUARTERLY REPORT.—The Board shall post 
a quarterly report of formal and informal service 
complaints received by the Board during the previous 
quarter that includes— 
‘‘(A) a list of the type of each complaint; 
‘‘(B) the geographic region of the complaint; 
and 
‘‘(C) the resolution of the complaint, if ap-
propriate. 
‘‘(3) WRITTEN CONSENT.—The quarterly report 
may identify a complainant that submitted an infor-
mal complaint only upon the written consent of the 
complainant.
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† HR 4348 EAS 
‘‘(4) WEBSITE
POSTING.—The report shall be 
posted on the Board’s public website.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 7 is amended by striking the item relating to 
section 704 and inserting the following: 
‘‘704. Reports.’’. 
SEC. 35403. MAXIMUM RELIEF IN CERTAIN RATE CASES. 
(a) IN GENERAL.—The Surface Transportation Board 
shall revise the maximum amount of rate relief available 
to railroad shippers in cases brought pursuant to the meth-
od developed under section 10701(d)(3) of title 49, United 
States Code, as that section existed as of the date of enact-
ment of this Act, to be as follows: 
(1) $1,500,000 in a rate case brought using the 
Surface Transportation Board’s ‘‘three-benchmark’’ 
procedure. 
(2) $10,000,000 in a rate case brought using the 
Surface Transportation Board’s ‘‘simplified stand- 
alone cost’’ procedure. 
(b) PERIODIC REVIEW.—The Board shall periodically 
review the amounts established by subsection (a) and revise 
the amounts, as appropriate. 
SEC. 35404. RATE REVIEW TIMELINES. 
In stand-alone cost rate challenges, the Surface Trans-
portation Board shall comply with the following timelines
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† HR 4348 EAS 
unless it extends them, after a request from any party or 
in the interest of due process: 
(1) For discovery, 150 days after the date on 
which the challenge is initiated. 
(2) For development of the evidentiary record, 
155 days after that date. 
(3) For submission of parties’ closing briefs, 60 
days after that date. 
(4) For a final Board decision, 180 days after 
the date on which the parties submit closing briefs. 
SEC. 35405. REVENUE ADEQUACY STUDY. 
(a) REVENUE ADEQUACY STUDY.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Surface Trans-
portation Board shall initiate a study to provide fur-
ther guidance on how it will apply its revenue ade-
quacy constraint. 
(2) CONSIDERATIONS.—In conducting the study, 
the Surface Transportation Board shall consider 
whether to apply the revenue adequacy constrain 
using replacement costs to value the assets of rail fa-
cilities and equipment. 
(b) PUBLIC NOTICE.—In conducting the study under 
subsection (a), the Surface Transportation Board shall— 
(1) provide public notice;
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† HR 4348 EAS 
(2) an opportunity for comment; and 
(3) conduct 1 or more public hearings. 
(c) REPORT.—Not later than 60 days after the study 
under subsection (a) is complete, the Surface Transpor-
tation Board shall submit the findings of the study to the 
Commerce, Science, and Transportation Committee of the 
Senate and the Transportation and Infrastructure Com-
mittee of the House of Representatives. 
SEC. 35406. QUARTERLY REPORTS. 
Not later than 60 days after the date of enactment of 
this Act, the Surface Transportation Board shall provide 
quarterly reports to the Commerce, Science, and Transpor-
tation Committee of the Senate and the Transportation and 
Infrastructure Committee of the House of Representatives 
on the Surface Transportation Board’s progress toward ad-
dressing issues raised in unfinished regulatory proceedings, 
regardless of whether a proceeding is subject to a statutory 
or regulatory deadline. 
SEC. 35407. WORKFORCE REVIEW. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Chairman of the Surface 
Transportation Board, in consultation with the Director of 
the Office of Personnel Management, shall conduct a review 
of the Surface Transportation Board workforce to assist in
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the development of a comprehensive, long-term human cap-
ital improvement plan. 
(b) PLAN.—Not later than 180 days after the review 
under subsection (a) is complete, the Chairman shall de-
velop a comprehensive, long-term human capital improve-
ment plan for Surface Transportation Board personnel to 
identify— 
(1) the optimal workforce size of the Surface 
Transportation Board to address its current and fu-
ture program needs; 
(2) the hiring, training, managing, and com-
pensation needs to recruit and retain qualified per-
sonnel, including experts to assess long-standing and 
emerging railroad industry trends; 
(3) the means for improving the current organi-
zational structure and workforce to most efficiently 
execute the Surface Transportation Board’s mission; 
and 
(4) any recommendations for potential coordina-
tion with colleges, universities, or other non-profit or-
ganizations for training programs to support work-
force development. 
(c) REPORT.—The Chairman shall submit the plan to 
the Committee on Commerce, Science, and Transportation
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of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
SEC. 35408. RAILROAD REHABILITATION AND IMPROVE-
MENT FINANCING. 
(a) CONDITIONS OF ASSISTANCE.—Section 502(h)(2) 
of the Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 822(h)(2)), as amended by section 36302 
of this Act, is amended by adding at the end the following: 
‘‘The Secretary shall accept, for the purpose of making 
a finding with regard to adequate collateral for a public 
entity, the net present value on a future stream of State 
or local subsidy income or a dedicated revenue as collateral 
offered to secure a loan.’’. 
(b) ELIGIBLE PURPOSES.—Section 502(b)(1) of the 
Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 822(b)(1)), as amended by section 36302 
of this Act, is further amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(C); 
(2) by striking the period at the end of subpara-
graph (D) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(E) conduct preliminary engineering, en-
vironmental review, permitting, or other pre-con-
struction activities.’’.
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(c) STUDY.—The Secretary shall submit a report to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives detailing rec-
ommendations for improving the Railroad Rehabilitation 
and Improvement Financing program administration, in-
cluding timely processing of applications, expansion of eli-
gibilities, and other issues that impede passenger and rail 
carriers from utilizing the program. 
Subtitle E—Technical Corrections 
SEC. 35501. TECHNICAL CORRECTIONS. 
(a) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 
(1) The table of contents in section 1(b) of the 
Rail Safety Improvement Act of 2008 (122 Stat. 
4848) is amended— 
(A) by striking the item relating to section 
201 and inserting the following: 
‘‘Sec. 201. Pedestrian safety at or near railroad passenger stations.’’; and 
(B) by striking the item relating to section 
403 and inserting the following: 
‘‘Sec. 403. Study and rulemaking on track inspection time; rulemaking on con-
crete crossties.’’. 
(2) Section 2(a)(1) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20102 note), is amended 
by inserting a comma after ‘‘railroad tracks at 
grade’’.
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† HR 4348 EAS 
(3) Section 102(a) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20101 note), is amend-
ed— 
(A) by striking ‘‘, at a minimum,’’; 
(B) in paragraph (1), by inserting a 
comma after ‘‘railroads’’; and 
(C) by amending paragraph (6) 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 cat-
astrophic and other failures of such infrastructure.’’. 
(4) Section 108(f)(1) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 21101 note), is amended 
by striking ‘‘requirements for recordkeeping and re-
porting for Hours of Service of Railroad Employees’’ 
and inserting ‘‘requirements for record keeping and 
reporting for hours of service of railroad employees’’. 
(5) Section 201 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20134 note), is amended— 
(A) in the section heading, by striking ‘‘PE-
DESTRIAN CROSSING SAFETY.’’ and inserting 
‘‘PEDESTRIAN SAFETY AT OR NEAR RAIL-
ROAD PASSENGER STATIONS.’’;
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(B) by striking ‘‘strategies and methods to 
prevent pedestrian accidents, incidents, injuries, 
and fatalities at or near passenger stations, in-
cluding’’ and inserting ‘‘strategies and methods 
to prevent train-related accidents, incidents, in-
juries, and fatalities that involve a pedestrian at 
or near a railroad passenger station, including’’; 
and 
(C) in paragraph (1) by striking ‘‘at rail-
road passenger stations’’. 
(6) Section 206(a) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 22501 note), is amended 
by striking ‘‘Public Service Announcements’’ and in-
serting ‘‘public service announcements’’. 
(7) Section 403 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20142 note), is amended— 
(A) in the section heading, by striking 
‘‘TRACK INSPECTION TIME STUDY.’’ and in-
serting 
‘‘STUDY
AND
RULEMAKING
ON 
TRACK
INSPECTION
TIME; RULEMAKING 
ON CONCRETE CROSSTIES.’’; and 
(B) in subsection (d)— 
(i) by striking ‘‘CROSS TIES’’ in the 
subsection heading and inserting ‘‘CROSS-
TIES’’;
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(ii) by striking ‘‘cross ties’’ and insert-
ing ‘‘crossties’’; and 
(iii) in paragraph (2), by striking 
‘‘cross tie’’ and inserting ‘‘crosstie’’. 
(8) Section 405 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20103 note), is amended— 
(A) in subsection (a), by striking ‘‘cell 
phones’’ and inserting ‘‘cellular telephones’’; and 
(B) in subsection (d)— 
(i) by striking ‘‘of Transportation’’; 
and 
(ii) by striking ‘‘cell phones’’ and in-
serting ‘‘cellular telephones’’. 
(9) Section 411(a) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 5103 note), is amend-
ed— 
(A) by striking ‘‘5101(a)’’ and inserting 
‘‘5105(a)’’; and 
(B) by striking ‘‘5101(b)’’ and inserting 
‘‘5105(b)’’. 
(10) Section 412 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20140 note), is amended by 
striking ‘‘of Transportation’’.
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(11) Section 414(2) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20103 note), is amend-
ed— 
(A) by striking ‘‘parts’’ and inserting ‘‘sec-
tions’’; and 
(B) by striking ‘‘part’’ and inserting ‘‘sec-
tion’’. 
(12) Section 416 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20107 note), is amended— 
(A) by striking ‘‘of Transportation’’; 
(B) in paragraphs (3) and (4), by striking 
‘‘Federal Railroad Administration’’ and insert-
ing ‘‘Secretary’’; and 
(C) in paragraph (4), by striking ‘‘sub-
section’’ and inserting ‘‘section’’. 
(13) Section 417(c) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20103 note), is amended 
by striking ‘‘each railroad’’ and inserting ‘‘each rail-
road carrier’’. 
(14) Section 503 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 1139 note), is amended— 
(A) in subsection (a), by striking ‘‘rail acci-
dents’’ and inserting ‘‘rail passenger accidents’’; 
(B) in subsection (b)—
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(i) by striking ‘‘passenger rail acci-
dents’’ and inserting ‘‘rail passenger acci-
dents’’; and 
(ii) by striking ‘‘passenger rail acci-
dent’’ each place it appears and inserting 
‘‘rail passenger accidents’’; and 
(C) by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section, the terms ‘pas-
senger’, ‘rail passenger accident’, and ‘rail passenger car-
rier’ have the meanings given the terms in section 1139 of 
title 49, United States Code.’’ 
‘‘(e) FUNDING.—Out of the funds appropriated pursu-
ant to section 20117(a)(1)(A) of title 49, United States 
Code, there shall be made available to the Secretary of 
Transportation $500,000 for fiscal year 2009 to carry out 
this section. Amounts made available pursuant to this sub-
section shall remain available until expended.’’. 
(b) PASSENGER RAIL INVESTMENT AND IMPROVEMENT 
ACT OF 2008.— 
(1) Section 206(a) of the Passenger Rail Invest-
ment and Improvement Act of 2008 (49 U.S.C. 24101 
note), is amended by inserting ‘‘of this division’’ after 
‘‘302’’.
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(2) Section 211 of the Passenger Rail Investment 
and Improvement Act of 2008 (49 U.S.C. 24902 
note), is amended— 
(A) in subsection (d), by inserting ‘‘of this 
division’’ after ‘‘101(c)’’; and 
(B) in subsection (e), by inserting ‘‘of this 
division’’ after ‘‘101(d)’’. 
(c) TITLE 49 OF THE UNITED STATE CODE.— 
(1) Section 1139 is amended— 
(A) in subsection (a)(1), by striking ‘‘phone 
number’’ and inserting ‘‘telephone number’’; 
(B) in subsection (a)(2), by striking ‘‘post 
trauma’’ and inserting ‘‘post-trauma’’; 
(C) 
in 
subsections 
(h)(1)(A) 
and 
(h)(2)(A)— 
(i) by striking ‘‘interstate’’; and 
(ii) by striking ‘‘such term is’’; 
(D) in subsection (g)(1), by striking 
‘‘board’’ in the heading and inserting ‘‘BOARD’’; 
(E) 
in 
subsections 
(h)(1)(B) 
and 
(h)(2)(B)— 
(i) by striking ‘‘interstate or intra-
state’’; and 
(ii) by striking ‘‘such term is’’; 
(F) in subsection (j)(1)—
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† HR 4348 EAS 
(i) by striking ‘‘(other than subsection 
(g))’’ and inserting ‘‘(except for subsections 
(g) and (k))’’; and 
(ii) by striking ‘‘railroad passenger ac-
cident’’ and inserting ‘‘rail passenger acci-
dent’’; and 
(G) in subsection (j)(2), by striking ‘‘rail-
road passenger accident’’ and inserting ‘‘rail 
passenger accident’’. 
(2) Section 10909(b) is amended— 
(A) by striking ‘‘Railroad’’ and inserting 
‘‘Railroads’’; and 
(B) in paragraph (2), by inserting a 
comma after ‘‘comment’’. 
(3) Section 20109 is amended— 
(A) in subsection (c)(1), by striking ‘‘the 
railroad shall promptly arrange’’ and inserting 
‘‘the railroad carrier shall promptly arrange’’; 
(B) in subsection (d)(2)(A)(i), by striking 
‘‘(d)’’ and inserting ‘‘paragraph’’ after ‘‘under’’; 
(C) in subsection (d)(2)(A)(iii), by inserting 
‘‘section’’ after ‘‘set forth in’’; and 
(D) in subsection (d)(4)(i), by striking 
‘‘must’’ and inserting ‘‘shall’’. 
(4) Section 20120(a) is amended—
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(A) by striking ‘‘(a) IN GENERAL’’ and in-
serting ‘‘Not’’; 
(B) in paragraph (2)(G), by inserting 
‘‘and’’ after the semicolon; 
(C) in paragraph (4), by striking ‘‘provide’’ 
and inserting ‘‘provides’’; 
(D) in paragraph (5)(B), by striking ‘‘Ad-
ministrative Hearing Officer or Administrative 
Law Judge’’ and inserting ‘‘administrative hear-
ing officer or administrative law judge’’; and 
(E) in paragraph (7), by striking ‘‘its’’ and 
inserting ‘‘the Secretary’s or the Federal Rail-
road Administrator’s’’. 
(5) Section 20151(d)(1) is amended by striking 
‘‘to drive around a grade crossing gate’’ and inserting 
‘‘to drive through, around, or under a grade crossing 
gate’’. 
(6) Section 20152(b) is amended by striking 
‘‘rail carriers’’ and inserting ‘‘railroad carriers’’. 
(7) Section 20156 is amended— 
(A) in subsection (c), by inserting a comma 
after ‘‘In developing its railroad safety risk re-
duction program’’; and 
(B) in subsection (g)(1), by striking ‘‘non- 
profit’’ and inserting ‘‘nonprofit’’.
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(8) Section 20157(a)(1) is amended— 
(A) by striking ‘‘Class I railroad carrier’’ 
and inserting ‘‘Class I railroad’’; and 
(B) by striking ‘‘parts’’ and inserting ‘‘sec-
tions’’. 
(9) Section 20158(b)(3) is amended by striking 
‘‘20156(e)(2)’’ and inserting ‘‘20156(e)’’. 
(10) Section 20159 is amended by inserting ‘‘of 
Transportation’’ after ‘‘the Secretary’’. 
(11) Section 20160 is amended— 
(A) in subsection (a)(1), by striking ‘‘or 
with respect to’’ and inserting ‘‘with respect to’’; 
(B) in subsection (b)(1), by striking ‘‘On a 
periodic basis beginning not’’ and inserting 
‘‘Not’’; and 
(C) in subsection (b)(1)(A), by striking ‘‘or 
with respect to’’ and inserting ‘‘with respect to’’. 
(12) Section 20162(a)(3) is amended by striking 
‘‘railroad compliance with Federal standards’’ and 
inserting ‘‘railroad carrier compliance with Federal 
standards’’. 
(13) Section 20164(a) is amended by striking 
‘‘Railroad Safety Enhancement Act of 2008’’ and in-
serting ‘‘Rail Safety Improvement Act of 2008’’.
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(14) Section 21102(c)(4) is amended by redesig-
nating subparagraphs (C) and (D) as subparagraphs 
(B) and (C), respectively. 
(15) Section 22106(b) is amended by striking 
‘‘interest thereof’’ and inserting ‘‘interest thereon’’. 
(16) Section 24101(b) is amended by striking 
‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’. 
(17) Section 24316 is amended by striking sub-
section (g). 
(18) The item relating to section 24316 in the 
table of contents for chapter 243 is amended by strik-
ing ‘‘assist’’ and inserting ‘‘address needs of’’. 
(19) Section 24702(a) is amended by striking 
‘‘not included in the national rail passenger transpor-
tation system’’. 
(20) Section 24706 is amended— 
(A) in subsection (a)(1), by striking ‘‘a dis-
continuance under section 24704 or or’’; 
(B) in subsection (a)(2), by striking ‘‘sec-
tion 24704 or’’; and 
(C) in subsection (b), by striking ‘‘section 
24704 or’’. 
(21) Section 24709 is amended by striking ‘‘The 
Secretary of the Treasury and the Attorney General,’’
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† HR 4348 EAS 
and inserting ‘‘The Secretary of Homeland Secu-
rity,’’. 
SEC. 35502. CONDEMNATION AUTHORITY. 
Section 24311(c) is amended— 
(1) in paragraph (1), by striking ‘‘Interstate 
Commerce Commission’’ and inserting ‘‘Surface 
Transportation Board’’; 
(2) in paragraph (2), by striking ‘‘Commis-
sion’s’’ and inserting ‘‘Board’s’’; and 
(3) by striking ‘‘Commission’’ each place it ap-
pears and inserting ‘‘Board’’. 
Subtitle F—Licensing and Insur-
ance 
Requirements 
for 
Pas-
senger Rail Carriers 
SEC. 35601. CERTIFICATION OF PASSENGER RAIL CAR-
RIERS. 
(a) Section 10901 is amended by adding at the end 
the following: 
‘‘(e) Not later than 2 years after the date of enactment 
of the National Rail System Preservation, Expansion, and 
Development Act of 2012, the Board shall establish a certifi-
cation process to authorize a person to provide passenger 
rail transportation over a railroad line that is subject to 
the jurisdiction of the Board, except that such certification 
shall not be required for or apply to a freight railroad pro-
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† HR 4348 EAS 
viding or hosting passenger rail transportation over its own 
railroad line. 
‘‘(f) After the certification process is established under 
subsection (e), no person may provide passenger rail trans-
portation over a railroad line subject to the jurisdiction of 
the Board unless the person is granted a certificate under 
subsection (e). 
‘‘(g) The certification process under subsection (e) 
shall— 
‘‘(1) permit a person to initiate a proceeding for 
a certificate by filing an application with the Board; 
and 
‘‘(2) require the Board to provide reasonable 
public notice that a proceeding was initiated, includ-
ing notice to the Governor of any affected State, not 
later than 30 days after receipt of the application 
under paragraph (1). 
‘‘(h) The Board may grant a certificate under sub-
section (e) if the Board determines after consultation with 
the Secretary of Transportation or the Secretary of Home-
land Security, as appropriate, that the applicant— 
‘‘(1) has or will have in effect a voluntary agree-
ment with the infrastructure owner over which the 
passenger rail transportation will be provided or con-
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† HR 4348 EAS 
tractual or statutory authority that provides for ac-
cess to such infrastructure; 
‘‘(2) demonstrates sufficient financial capacity 
and operating experience to provide passenger rail 
transportation; 
‘‘(3) meets all applicable safety and security re-
quirements under the law; 
‘‘(4) maintains a total minimum liability cov-
erage for claims through insurance and self-insurance 
of not less than the amount required by section 
28103(a)(2) per accident or incident; and 
‘‘(5) complies with any additional requirements 
the Board determines are appropriate, including re-
porting requirements to ensure continued compliance 
with this section. 
‘‘(i) A certificate granted under subsection (e) shall 
specify the person to provide or authorized to provide pas-
senger rail transportation, if different from the applicant. 
‘‘(j) The Board may promulgate regulations— 
‘‘(1) for determining the adequacy of liability in-
surance coverage, including self-insurance; and 
‘‘(2) for suspending or canceling a certificate if 
the person to provide or authorized to provide pas-
senger rail transportation fails to comply with sub-
section (h).
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† HR 4348 EAS 
‘‘(k) This section shall not apply to tourist, historical, 
or excursion passenger rail transportation or other rail car-
rier that has already obtained construction or operating au-
thority from the Board.’’. 
(b) 
Section 
24301(c) 
is 
amended 
by 
adding 
‘‘10901(e),’’ after ‘‘sections’’ in the first sentence. 
(c) Section 10501(c)(3)(A) is amended— 
(1) in clause (ii), by striking ‘‘and’’; 
(2) in clause (iii), by striking the period at the 
end and inserting ‘‘ ; and’’; and 
(3) by adding at the end the following: 
‘‘(iv) section 10901(e).’’. 
(d) Section 14901 is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(2) by inserting after subsection (e) the following: 
‘‘(f) CERTIFICATION REQUIRED.—A person shall be 
subject to a penalty of $300 for each passenger transported 
if the person— 
‘‘(1) provides passenger rail transportation sub-
ject to jurisdiction under section 10501(a); and 
‘‘(2) does not hold a certificate required under 
section 10901(e).’’; and 
(3) in subsection (g), as redesignated, by striking 
‘‘through (e)’’ and inserting ‘‘through (f)’’.
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† HR 4348 EAS 
(e) Section 10502(g) is amended to read as follows: 
‘‘(g) The Board may not exercise its authority under 
this section to relieve a rail carrier of its obligation to pro-
tect the interests of employees as required by this part, or 
of the requirements of section 10901(g).’’. 
TITLE VI—SPORT FISH RESTORA-
TION 
AND 
RECREATIONAL 
BOATING SAFETY ACT OF 2012 
SEC. 36001. SHORT TITLE. 
This title may be cited as the ‘‘Sport Fish Restoration 
and Recreational Boating Safety Act of 2012’’. 
SEC. 36002. AMENDMENT OF FEDERAL AID IN SPORT FISH 
RESTORATION ACT. 
Section 4 of the Federal Aid in Fish Restoration Act 
(16 U.S.C. 777c) is amended— 
(1) in subsection (a), by striking ‘‘of fiscal years 
2006 through 2011 and for the period beginning on 
October 1, 2011, and ending on March 31, 2012,’’ and 
inserting ‘‘fiscal year through 2013,’’; and 
(2) in subsection (b)(1)(A), by striking ‘‘of fiscal 
years 2006 through 2011 and for the period beginning 
on October 1, 2011, and ending on March 31, 2012,’’ 
and inserting ‘‘fiscal year through 2013,’’.
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† HR 4348 EAS 
TITLE VII—MISCELLANEOUS 
SEC. 37001. AIRCRAFT NOISE ABATEMENT. 
(a) IN GENERAL.—Section 3(b)(2) of Public Law 100– 
91 (16 U.S.C. 1a–1 note) is amended by adding at the end 
the following: ‘‘The plan shall not apply to or otherwise af-
fect the regulation of flights over the Grand Canyon at alti-
tudes above the Special Flight Rules Area for the Grand 
Canyon in effect as of the date of the enactment of the MAP– 
21, or as subsequently modified by mutual agreement of the 
Secretary and the Administrator.’’. 
(b) SAVINGS PROVISIONS.— 
(1) JURISDICTION
OF
NATIONAL
AIRSPACE.— 
None of the recommendations required under section 
3(b)(1) of Public Law 100–91 (16 U.S.C. 1a–1 note), 
including recommendations to raise the flight-free 
zone altitude ceilings, shall adversely affect the na-
tional airspace system, as determined by the Admin-
istrator of the Federal Aviation Administration. If 
the Administrator determines that implementing the 
recommendations would adversely affect the national 
airspace system, the Administrator shall consult with 
the Secretary of the Interior to eliminate the adverse 
effects. 
(2) EFFECT OF NEPA DETERMINATIONS.—None 
of the environmental thresholds, analyses, impact de-
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† HR 4348 EAS 
terminations, or conditions prepared or used by the 
Secretary to develop recommendations regarding the 
substantial restoration of natural quiet and experi-
ence for the Grand Canyon National Park required 
under section 3(b)(1) of Public Law 100–91 shall 
have broader application or be given deference with 
respect to the Administrator’s compliance with the 
National Environmental Policy Act for proposed 
aviation actions and decisions. Nothing in this sec-
tion may be construed to limit the ability of the Na-
tional Park Service to use its own methods of analysis 
and impact determinations for air tour management 
planning within its purview under the National 
Parks Air Tour Management Act of 2000 (title VIII 
of Public Law 106–181). 
(c) CONVERSION TO QUIET TECHNOLOGY AIRCRAFT.— 
(1) IN GENERAL.—Not later than 15 years after 
the date of the enactment of this Act, all commercial 
air tour aircraft operating in the Grand Canyon Na-
tional Park Special Flight Rules Area shall be re-
quired to fully convert to quiet aircraft technology (as 
determined in accordance with regulations in effect 
on the day before the date of the enactment of this 
Act).
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† HR 4348 EAS 
(2) CONVERSION INCENTIVES.—Not later than 60 
days after the date of the enactment of this Act, the 
Secretary and the Administrator of the Federal Avia-
tion Administration shall provide incentives for com-
mercial air tour operators that convert to quiet air-
craft technology (as determined in accordance with 
the regulations in effect on the day before the date of 
the enactment of this Act) before the date specified in 
paragraph (1), such as increasing the flight alloca-
tions for such operators on a net basis consistent with 
section 804(c) of the National Park Air Tours Man-
agement Act of 2000 (title VIII of Public Law 106– 
181), provided that the cumulative impact of such op-
erations does not increase noise at Grand Canyon Na-
tional Park. 
DIVISION D—FINANCE 
SEC. 40001. SHORT TITLE. 
This division may be cited as the ‘‘Highway Invest-
ment, Job Creation, and Economic Growth Act of 2012’’.
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TITLE I—EXTENSION OF HIGH-
WAY TRUST FUND EXPENDI-
TURE AUTHORITY AND RE-
LATED TAXES 
SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AU-
THORITY. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the In-
ternal Revenue Code of 1986 is amended— 
(1) by striking ‘‘April 1, 2012’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 
2013’’; and 
(2) by striking ‘‘Surface Transportation Exten-
sion Act of 2011, Part II’’ in subsections (c)(1) and 
(e)(3) and inserting ‘‘Moving Ahead for Progress in 
the 21st Century Act’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of the Internal Revenue Code of 1986 
is amended— 
(1) by striking ‘‘Surface Transportation Exten-
sion Act of 2011, Part II’’ each place it appears in 
subsection (b)(2) and inserting ‘‘Moving Ahead for 
Progress in the 21st Century Act’’; and 
(2) by striking ‘‘April 1, 2012’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2013’’.
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† HR 4348 EAS 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Paragraph (2) of section 9508(e) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘April 1, 
2012’’ and inserting ‘‘October 1, 2013’’. 
(d) ESTABLISHMENT OF SOLVENCY ACCOUNT.—Sec-
tion 9503 of the Internal Revenue Code of 1986 is amended 
by adding at the end the following new subsection: 
‘‘(g) ESTABLISHMENT OF SOLVENCY ACCOUNT.— 
‘‘(1) CREATION
OF
ACCOUNT.—There is estab-
lished in the Highway Trust Fund a separate account 
to be known as the ‘Solvency Account’ consisting of 
such amounts as may be transferred or credited to the 
Solvency Account as provided in this section or sec-
tion 9602(b). 
‘‘(2) TRANSFERS TO SOLVENCY ACCOUNT.—The 
Secretary of the Treasury shall transfer to the Sol-
vency Account the excess of— 
‘‘(A) any amount appropriated to the High-
way Trust Fund before October 1, 2013, by rea-
son of the provisions of, and amendments made 
by, the Highway Investment, Job Creation, and 
Economic Growth Act of 2012, over 
‘‘(B) the amount necessary to meet the re-
quired expenditures from the Highway Trust
1405 
† HR 4348 EAS 
Fund under subsection (c) for the period ending 
before October 1, 2013. 
‘‘(3) EXPENDITURES FROM ACCOUNT.—Amounts 
in the Solvency Account shall be available for trans-
fers to the Highway Account (as defined in subsection 
(e)(5)(B)) and the Mass Transit Account in such 
amounts as determined necessary by the Secretary to 
ensure that each account has a surplus balance of 
$2,800,000,000 on September 30, 2013. 
‘‘(4) TERMINATION OF ACCOUNT.—The Solvency 
Account shall terminate on September 30, 2013, and 
the Secretary shall transfer any remaining balance in 
the Account on such date to the Highway Trust 
Fund.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on April 1, 2012. 
SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the Inter-
nal Revenue Code of 1986 is amended by striking 
‘‘March 31, 2012’’ and inserting ‘‘September 30, 
2015’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1).
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† HR 4348 EAS 
(2) Each of the following provisions of such Code 
is amended by striking ‘‘April 1, 2012’’ and inserting 
‘‘October 1, 2015’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of the 
Internal Revenue Code of 1986 is amended by striking 
‘‘2012’’ and inserting ‘‘2015’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of 
the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘April 1, 2012’’ each place it ap-
pears and inserting ‘‘October 1, 2015’’; 
(2) by striking ‘‘September 30, 2012’’ each place 
it appears and inserting ‘‘March 31, 2016’’; and 
(3) by striking ‘‘July 1, 2012’’ and inserting 
‘‘January 1, 2016’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.—Sections 
4221(a) and 4483(i) of the Internal Revenue Code of 1986 
are each amended by striking ‘‘April 1, 2012’’ and inserting 
‘‘October 1, 2015’’.
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† HR 4348 EAS 
(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 
(1) IN GENERAL.—Section 9503 of the Internal 
Revenue Code of 1986 is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘April 1, 2012’’ each 
place it appears in paragraphs (1) and (2) 
and inserting ‘‘October 1, 2015’’; 
(ii) by striking ‘‘APRIL 1, 2012’’ in the 
heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2015’’; 
(iii) by striking ‘‘March 31, 2012’’ in 
paragraph (2) and inserting ‘‘September 
30, 2015’’; and 
(iv) by striking ‘‘January 1, 2013’’ in 
paragraph (2) and inserting ‘‘July 1, 
2016’’; and 
(B) in subsection (c)(2), by striking ‘‘Janu-
ary 1, 2013’’ and inserting ‘‘July 1, 2016’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) of such Code are 
each amended by striking ‘‘April 1, 2012’’ and 
inserting ‘‘October 1, 2015’’.
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† HR 4348 EAS 
(B) CONFORMING
AMENDMENTS
TO
LAND 
AND
WATER
CONSERVATION
FUND.—Section 
201(b) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 
amended— 
(i) by striking ‘‘April 1, 2013’’ each 
place it appears and inserting ‘‘October 1, 
2016’’; and 
(ii) by striking ‘‘April 1, 2012’’ and 
inserting ‘‘October 1, 2015’’. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on April 1, 2012. 
TITLE II—OTHER PROVISIONS 
SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EX-
CEPTION 
TO 
TAX-EXEMPT 
INTEREST 
EX-
PENSE ALLOCATION RULES FOR FINANCIAL 
INSTITUTIONS. 
(a) IN
GENERAL.—Subparagraph (G) of section 
265(b)(3) of the Internal Revenue Code of 1986 is amend-
ed— 
(1) by striking ‘‘2009 or 2010’’ each place it ap-
pears in clauses (i), (ii), and (iii) and inserting 
‘‘2009, 2010, or the period beginning after June 30, 
2012, and before July 1, 2013’’, and
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† HR 4348 EAS 
(2) by striking ‘‘2009 AND 2010’’ in the heading 
and inserting ‘‘2009, 2010, 2012, AND 2013’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to obligations issued after June 30, 
2012. 
SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE 
MINIMUM TAX LIMITATIONS ON TAX-EXEMPT 
BONDS. 
(a) INTEREST
ON PRIVATE ACTIVITY BONDS NOT 
TREATED AS TAX PREFERENCE ITEMS.—Clause (vi) of sec-
tion 57(a)(5)(C) of the Internal Revenue Code of 1986 is 
amended— 
(1) in subclause (I) by inserting ‘‘, or after the 
date of enactment of the Highway Investment, Job 
Creation, and Economic Growth Act of 2012 and be-
fore January 1, 2013’’ after ‘‘January 1, 2011’’; 
(2) in subclause (III) by inserting ‘‘before Janu-
ary 1, 2011’’ after ‘‘which is issued’’; and 
(3) by striking ‘‘AND 2010’’ in the heading and 
inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 
(b) NO ADJUSTMENT TO ADJUSTED CURRENT EARN-
INGS.—Clause (iv) of section 56(g)(4)(B) of the Internal 
Revenue Code of 1986 is amended— 
(1) in subclause (I) by inserting ‘‘, or after the 
date of enactment of the Highway Investment, Job
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† HR 4348 EAS 
Creation, and Economic Growth Act of 2012 and be-
fore January 1, 2013’’ after ‘‘January 1, 2011’’; 
(2) in subclause (III) by inserting ‘‘before Janu-
ary 1, 2011’’ after ‘‘which is issued’’; and 
(3) by striking ‘‘AND 2010’’ in the heading and 
inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to obligations issued after the date of 
enactment of this Act. 
SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRA-
STRUCTURE BANKS. 
Section 610(d) of title 23, United States Code, is 
amended— 
(1) by redesignating paragraphs (4), (5), and (6) 
as paragraphs (5), (6), and (7), respectively, 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) TRIP BOND ACCOUNT.— 
‘‘(A) IN
GENERAL.—A State, through a 
State infrastructure bank, may issue TRIP 
bonds and deposit proceeds from such issuance 
into the TRIP bond account of the bank. 
‘‘(B) TRIP BOND.—For purposes of this 
section, the term ‘TRIP bond’ means any bond 
issued as part of an issue if—
1411 
† HR 4348 EAS 
‘‘(i) 100 percent of the available project 
proceeds of such issue are to be used for ex-
penditures incurred after the date of the en-
actment of this paragraph for 1 or more 
qualified projects pursuant to an allocation 
of such proceeds to such project or projects 
by a State infrastructure bank, 
‘‘(ii) the bond is issued by a State in-
frastructure bank and is in registered form 
(within the meaning of section 149(a) of the 
Internal Revenue Code of 1986), 
‘‘(iii) the State infrastructure bank 
designates such bond for purposes of this 
section, and 
‘‘(iv) the term of each bond which is 
part of such issue does not exceed 30 years. 
‘‘(C) QUALIFIED PROJECT.—For purposes of 
this subparagraph, the term ‘qualified project’ 
means the capital improvements to any trans-
portation infrastructure project of any govern-
mental unit or other person, including roads, 
bridges, rail and transit systems, ports, and in-
land waterways proposed and approved by a 
State infrastructure bank, but does not include
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† HR 4348 EAS 
costs of operations or maintenance with respect 
to such project.’’, 
(3) by adding at the end of paragraph (5), as re-
designated by paragraph (1), the following new sub-
paragraph: 
‘‘(D) TRIP BOND ACCOUNT.—Funds depos-
ited into the TRIP bond account shall constitute 
for purposes of this section a capitalization 
grant for the TRIP bond account of the bank.’’, 
and 
(4) by adding at the end the following new para-
graph: 
‘‘(8) SPECIAL RULES FOR TRIP BOND ACCOUNT 
FUNDS.— 
‘‘(A) IN GENERAL.—The State shall develop 
a transparent competitive process for the award 
of funds deposited into the TRIP bond account 
that considers the impact of qualified projects on 
the economy, the environment, state of good re-
pair, and equity. 
‘‘(B) APPLICABILITY OF FEDERAL LAW.— 
The requirements of any Federal law, including 
this title and titles 40 and 49, which would oth-
erwise apply to projects to which the United 
States is a party or to funds made available
1413 
† HR 4348 EAS 
under such law and projects assisted with those 
funds shall apply to— 
‘‘(i) funds made available under the 
TRIP bond account for similar qualified 
projects, and 
‘‘(ii) similar qualified projects assisted 
through the use of such funds.’’. 
SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM 
INCOME 
FOR 
EMPLOYER-PROVIDED 
MASS 
TRANSIT AND PARKING BENEFITS. 
(a) IN GENERAL.—Paragraph (2) of section 132(f) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘January 1, 2012’’ and inserting ‘‘January 1, 2013’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply to months after December 31, 2011. 
SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND 
WATER SUPPLY FACILITIES. 
(a) BONDS
FOR WATER
AND SEWAGE FACILITIES 
TEMPORARILY EXEMPT FROM VOLUME CAP ON PRIVATE 
ACTIVITY BONDS.—Subsection (g) of section 146 of the In-
ternal Revenue Code of 1986 is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3), 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘, and’’, and
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† HR 4348 EAS 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) any exempt facility bonds issued before Jan-
uary 1, 2018, as part of an issue described in para-
graph (4) or (5) of section 142(a).’’. 
(b) CONFORMING
CHANGE.—Paragraphs (2) and 
(3)(B) of section 146(k) of the Internal Revenue Code of 
1986 are both amended by striking ‘‘paragraph (4), (5), (6), 
or (10) of section 142(a)’’ and inserting ‘‘paragraph (4) or 
(5) of section 142(a) with respect to bonds issued after De-
cember 31, 2017, or paragraph (6) or (10) of section 
142(a)’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to obligations issued after the date of 
the enactment of this Act. 
TITLE III—REVENUE 
PROVISIONS 
SEC. 40301. TRANSFER FROM LEAKING UNDERGROUND 
STORAGE TANK TRUST FUND TO HIGHWAY 
TRUST FUND. 
(a) IN GENERAL.—Subsection (c) of section 9508 of 
the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘Amounts’’ and inserting: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), amounts’’, and
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† HR 4348 EAS 
(2) by adding at the end the following new para-
graph: 
‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.—Out 
of amounts in the Leaking Underground Storage 
Tank Trust Fund there is hereby appropriated 
$3,000,000,000 to be transferred under section 
9503(f)(3) to the Highway Trust Fund.’’. 
(b) TRANSFER TO HIGHWAY TRUST FUND.— 
(1) IN GENERAL.—Subsection (f) of section 9503 
of the Internal Revenue Code of 1986 is amended by 
inserting after paragraph (2) the following new para-
graph: 
‘‘(3) INCREASE
IN
FUND
BALANCE.—There is 
hereby transferred to the Highway Trust Fund 
amounts appropriated from the Leaking Underground 
Storage Tank Trust Fund under section 9508(c)(2).’’. 
(2) CONFORMING AMENDMENTS.—Paragraph (4) 
of section 9503(f) of such Code is amended— 
(A) by inserting ‘‘or transferred’’ after ‘‘ap-
propriated’’, and 
(B) by striking ‘‘APPROPRIATED’’ in the 
heading thereof.
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† HR 4348 EAS 
SEC. 40302. PORTION OF LEAKING UNDERGROUND STOR-
AGE TANK TRUST FUND FINANCING RATE 
TRANSFERRED TO HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Subsection (b) of section 9503 of 
the Internal Revenue Code of 1986 is amended by inserting 
after paragraph (2) the following new paragraph: 
‘‘(3) PORTION OF LEAKING UNDERGROUND STOR-
AGE TANK TRUST FUND FINANCING RATE.—There are 
hereby appropriated to the Highway Trust Fund 
amounts equivalent to one-third of the taxes received 
in the Treasury under— 
‘‘(A) section 4041(d) (relating to additional 
taxes on motor fuels), 
‘‘(B) section 4081 (relating to tax on gaso-
line, diesel fuel, and kerosene) to the extent at-
tributable to the Leaking Underground Storage 
Tank Trust Fund financing rate under such sec-
tion, and 
‘‘(C) section 4042 (relating to tax on fuel 
used in commercial transportation on inland 
waterways) to the extent attributable to the 
Leaking Underground Storage Tank Trust Fund 
financing rate under such section. 
For purposes of this paragraph, there shall not be 
taken into account the taxes imposed by sections 4041
1417 
† HR 4348 EAS 
and 4081 on diesel fuel sold for use or used as fuel 
in a diesel-powered boat.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Paragraphs (1), (2), and (3) of section 
9508(b) of the Internal Revenue Code of 1986 are 
each amended by inserting ‘‘two-thirds of the’’ before 
‘‘taxes’’. 
(2) Paragraph (4) of section 9503(b) of such 
Code is amended by striking subparagraphs (A) and 
(B) and by redesignating subparagraphs (C) and (D) 
as subparagraphs (A) and (B), respectively. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxes received after the date of the 
enactment of this Act. 
SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGH-
WAY TRUST FUND. 
(a) IN GENERAL.—Paragraph (1) of section 9503(b) 
of the Internal Revenue Code of 1986 is amended by redesig-
nating subparagraphs (C), (D), and (E) as subparagraphs 
(D), (E), and (F), respectively, and by inserting after sub-
paragraph (B) the following new subparagraph: 
‘‘(B) section 4064 (relating to gas guzzler 
tax),’’.
1418 
† HR 4348 EAS 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxes received after the date of the 
enactment of this Act. 
SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE 
OF CERTAIN UNPAID TAXES. 
(a) IN GENERAL.—Subchapter D of chapter 75 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE 
OF CERTAIN TAX DELINQUENCIES. 
‘‘(a) IN GENERAL.—If the Secretary receives certifi-
cation by the Commissioner of Internal Revenue that any 
individual has a seriously delinquent tax debt in an 
amount in excess of $50,000, the Secretary shall transmit 
such certification to the Secretary of State for action with 
respect to denial, revocation, or limitation of a passport 
pursuant to section 4 of the Act entitled ‘An Act to regulate 
the issue and validity of passports, and for other purposes’, 
approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly 
known as the ‘Passport Act of 1926’. 
‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.—For pur-
poses of this section, the term ‘seriously delinquent tax debt’ 
means an outstanding debt under this title for which a no-
tice of lien has been filed in public records pursuant to sec-
1419 
† HR 4348 EAS 
tion 6323 or a notice of levy has been filed pursuant to 
section 6331, except that such term does not include— 
‘‘(1) a debt that is being paid in a timely man-
ner pursuant to an agreement under section 6159 or 
7122, and 
‘‘(2) a debt with respect to which collection is 
suspended because a collection due process hearing 
under section 6330, or relief under subsection (b), (c), 
or (f) of section 6015, is requested or pending. 
‘‘(c) ADJUSTMENT FOR INFLATION.—In the case of a 
calendar year beginning after 2012, the dollar amount in 
subsection (a) shall be increased by an amount equal to— 
‘‘(1) such dollar amount, multiplied by 
‘‘(2) the cost-of-living adjustment determined 
under section 1(f)(3) for the calendar year, deter-
mined by substituting ‘calendar year 2011’ for ‘cal-
endar year 1992’ in subparagraph (B) thereof. 
If any amount as adjusted under the preceding sentence is 
not a multiple of $1,000, such amount shall be rounded to 
the next highest multiple of $1,000.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
subchapter D of chapter 75 of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new 
item: 
‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delin-
quencies.’’.
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† HR 4348 EAS 
(c) AUTHORITY FOR INFORMATION SHARING.— 
(1) IN GENERAL.—Subsection (l) of section 6103 
of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new paragraph: 
‘‘(23) DISCLOSURE OF RETURN INFORMATION TO 
DEPARTMENT OF STATE FOR PURPOSES OF PASSPORT 
REVOCATION UNDER SECTION 7345.— 
‘‘(A) IN
GENERAL.—The Secretary shall, 
upon receiving a certification described in sec-
tion 7345, disclose to the Secretary of State re-
turn information with respect to a taxpayer who 
has a seriously delinquent tax debt described in 
such section. Such return information shall be 
limited to— 
‘‘(i) the taxpayer identity information 
with respect to such taxpayer, and 
‘‘(ii) the amount of such seriously de-
linquent tax debt. 
‘‘(B) RESTRICTION
ON
DISCLOSURE.—Re-
turn information disclosed under subparagraph 
(A) may be used by officers and employees of the 
Department of State for the purposes of, and to 
the extent necessary in, carrying out the require-
ments of section 4 of the Act entitled ‘An Act to 
regulate the issue and validity of passports, and
1421 
† HR 4348 EAS 
for other purposes’, approved July 3, 1926 (22 
U.S.C. 211a et seq.), commonly known as the 
‘Passport Act of 1926’.’’. 
(2) CONFORMING AMENDMENT.—Paragraph (4) 
of section 6103(p) of such Code is amended by strik-
ing ‘‘or (22)’’ each place it appears in subparagraph 
(F)(ii) and in the matter preceding subparagraph (A) 
and inserting ‘‘(22), or (23)’’. 
(d) REVOCATION AUTHORIZATION.—The Act entitled 
‘‘An Act to regulate the issue and validity of passports, and 
for other purposes’’, approved July 3, 1926 (22 U.S.C. 211a 
et seq.), commonly known as the ‘‘Passport Act of 1926’’, 
is amended by adding at the end the following: 
‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. 
‘‘(a) INELIGIBILITY.— 
‘‘(1) ISSUANCE.—Except as provided under sub-
section (b), upon receiving a certification described in 
section 7345 of the Internal Revenue Code of 1986 
from the Secretary of the Treasury, the Secretary of 
State may not issue a passport or passport card to 
any individual who has a seriously delinquent tax 
debt described in such section. 
‘‘(2) REVOCATION.—The Secretary of State shall 
revoke a passport or passport card previously issued 
to any individual described in subparagraph (A).
1422 
† HR 4348 EAS 
‘‘(b) EXCEPTIONS.— 
‘‘(1) EMERGENCY
AND
HUMANITARIAN
SITUA-
TIONS.—Notwithstanding subsection (a), the Sec-
retary of State may issue a passport or passport 
card, in emergency circumstances or for humani-
tarian reasons, to an individual described in sub-
section (a)(1). 
‘‘(2) LIMITATION
FOR
RETURN
TO
UNITED 
STATES.—Notwithstanding subsection (a)(2), the Sec-
retary of State, before revocation, may— 
‘‘(A) limit a previously issued passport or 
passport card only for return travel to the 
United States; or 
‘‘(B) issue a limited passport or passport 
card that only permits return travel to the 
United States.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on January 1, 2013. 
SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS 
TO MEDICARE PROVIDERS AND SUPPLIERS. 
(a) IN GENERAL.—Paragraph (3) of section 6331(h) 
of the Internal Revenue Code of 1986 is amended by strik-
ing the period at the end and inserting ‘‘, or to a Medicare 
provider or supplier under title XVIII of the Social Secu-
rity Act.’’.
1423 
† HR 4348 EAS 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply to payments made after the date of the 
enactment of this Act. 
SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO 
CERTAIN DUTIES ON IMPORTED VEHICLES 
INTO THE HIGHWAY TRUST FUND. 
Section 9503(b) of the Internal Revenue Code of 1986, 
as amended by this Act, is amended by adding at the end 
the following new paragraph: 
‘‘(8) CERTAIN
DUTIES
ON
IMPORTED
VEHI-
CLES.—There are hereby appropriated to the High-
way Trust Fund amounts equivalent to the amounts 
received in the Treasury that are attributable to du-
ties collected on or after October 1, 2011, and before 
October 1, 2016, on articles classified under sub-
heading 8703.22.00 or 8703.24.00 of the Harmonized 
Tariff Schedule of the United States.’’. 
SEC. 40307. TREATMENT OF SECURITIES OF A CONTROLLED 
CORPORATION EXCHANGED FOR ASSETS IN 
CERTAIN REORGANIZATIONS. 
(a) IN GENERAL.—Section 361 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following 
new subsection: 
‘‘(d) SPECIAL RULES FOR TRANSACTIONS INVOLVING 
SECTION 355 DISTRIBUTIONS.—In the case of a reorganiza-
1424 
† HR 4348 EAS 
tion described in section 368(a)(1)(D) with respect to which 
stock or securities of the corporation to which the assets are 
transferred are distributed in a transaction which qualifies 
under section 355— 
‘‘(1) this section shall be applied by substituting 
‘stock other than nonqualified preferred stock (as de-
fined in section 351(g)(2))’ for ‘stock or securities’ in 
subsections (a) and (b)(1), and 
‘‘(2) the first sentence of subsection (b)(3) shall 
apply only to the extent that the sum of the money 
and the fair market value of the other property trans-
ferred to such creditors does not exceed the adjusted 
bases of such assets transferred (reduced by the 
amount of the liabilities assumed (within the mean-
ing of section 357(c))).’’. 
(b) CONFORMING AMENDMENT.—Paragraph (3) of sec-
tion 361(b) is amended by striking the last sentence. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
apply to exchanges after the date of the enactment of 
this Act. 
(2) TRANSITION RULE.—The amendments made 
by this section shall not apply to any exchange pursu-
ant to a transaction which is—
1425 
† HR 4348 EAS 
(A) made pursuant to a written agreement 
which was binding on February 6, 2012, and at 
all times thereafter; 
(B) described in a ruling request submitted 
to the Internal Revenue Service on or before Feb-
ruary 6, 2012; or 
(C) described on or before February 6, 2012, 
in a public announcement or in a filing with the 
Securities and Exchange Commission. 
SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND 
THRIFT SAVINGS PLAN ACCOUNTS. 
Section 8437(e)(3) of title 5, United States Code, is 
amended by inserting ‘‘, the enforcement of a Federal tax 
levy as provided in section 6331 of the Internal Revenue 
Code of 1986,’’ after ‘‘(42 U.S.C. 659)’’. 
SEC. 40309. DEPRECIATION AND AMORTIZATION RULES FOR 
HIGHWAY AND RELATED PROPERTY SUBJECT 
TO LONG-TERM LEASES. 
(a) ACCELERATED COST RECOVERY.— 
(1) IN GENERAL.—Section 168(g)(1) of the Inter-
nal Revenue Code of 1986 is amended by striking 
‘‘and’’ at the end of subparagraph (D), by redesig-
nating subparagraph (E) as subparagraph (F), and 
by inserting after subparagraph (D) the following 
new subparagraph:
1426 
† HR 4348 EAS 
‘‘(E) any applicable leased highway prop-
erty,’’. 
(2) RECOVERY PERIOD.—The table contained in 
subparagraph (C) of section 168(g)(2) of such Code is 
amended by redesignating clause (iv) as clause (v) 
and by inserting after clause (iii) the following new 
clause: 
‘‘(iv) Applicable leased highway property ............
45 years.’’. 
(3) APPLICABLE
LEASED
HIGHWAY
PROPERTY 
DEFINED.— 
(A) IN GENERAL.—Section 168(g) of such 
Code is amended by redesignating paragraph (7) 
as paragraph (8) and by inserting after para-
graph (6) the following new paragraph: 
‘‘(7) APPLICABLE
LEASED
HIGHWAY
PROP-
ERTY.—For purposes of paragraph (1)(E)— 
‘‘(A) IN
GENERAL.—The term ‘applicable 
leased highway property’ means property to 
which this section otherwise applies which— 
‘‘(i) is subject to an applicable lease, 
and 
‘‘(ii) is placed in service before the date 
of such lease.
1427 
† HR 4348 EAS 
‘‘(B) APPLICABLE LEASE.—The term ‘appli-
cable lease’ means a lease or other arrange-
ment— 
‘‘(i) which is between the taxpayer and 
a State or political subdivision thereof, or 
any agency or instrumentality of either, 
and 
‘‘(ii) under which the taxpayer— 
‘‘(I) leases a highway and associ-
ated improvements, 
‘‘(II) receives a right-of-way on 
the public lands underlying such high-
way and improvements, and 
‘‘(III) receives a grant of a fran-
chise or other intangible right permit-
ting the taxpayer to receive funds re-
lating to the operation of such high-
way.’’. 
(B) CONFORMING
AMENDMENT.—Subpara-
graph (F) of section 168(g)(1) (as redesignated 
by subsection (a)(1)) is amended by striking 
‘‘paragraph (7)’’ and inserting ‘‘paragraph (8)’’. 
(b) AMORTIZATION OF INTANGIBLES.—Section 197(f) 
of the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph:
1428 
† HR 4348 EAS 
‘‘(11) INTANGIBLES
RELATING
TO
APPLICABLE 
LEASED
HIGHWAY
PROPERTY.—In the case of any 
amortizable section 197 intangible property which is 
acquired in connection with an applicable lease (as 
defined in section 168(g)(7)(B)), the amortization pe-
riod under this section shall not be less than the term 
of the applicable lease. For purposes of the preceding 
sentence, rules similar to the rules of section 
168(i)(3)(A) shall apply in determining the term of 
the applicable lease.’’. 
(c) NO PRIVATE ACTIVITY BOND FINANCING OF APPLI-
CABLE LEASED HIGHWAY PROPERTY.—Section 147(e) of 
the Internal Revenue Code of 1986 is amended by inserting 
‘‘, or to finance any applicable leased highway property (as 
defined in section 168(g)(7)(A))’’ after ‘‘premises’’. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
apply to leases entered into after the date of the enact-
ment of this Act. 
(2) NO PRIVATE ACTIVITY BOND FINANCING.— 
The amendment made by subsection (c) shall apply to 
bonds issued after the date of the enactment of this 
Act.
1429 
† HR 4348 EAS 
SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PEN-
SION 
ASSETS 
TO 
RETIREE 
HEALTH 
AC-
COUNTS. 
(a) IN GENERAL.—Paragraph (5) of section 420(b) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘December 31, 2013’’ and inserting ‘‘December 31, 2021’’. 
(b) CONFORMING ERISA AMENDMENTS.— 
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) 
of the Employee Retirement Income Security Act of 
1974 are each amended by striking ‘‘Pension Protec-
tion Act of 2006’’ and inserting ‘‘Highway Invest-
ment, Job Creation, and Economic Growth Act of 
2012’’. 
(2) Section 408(b)(13) of such Act (29 U.S.C. 
1108(b)(13)) is amended by striking ‘‘January 1, 
2014’’ and inserting ‘‘January 1, 2022’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
Act shall take effect on the date of the enactment of this 
Act. 
SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RE-
TIREE GROUP TERM LIFE INSURANCE AC-
COUNTS. 
(a) IN GENERAL.—Subsection (a) of section 420 of the 
Internal Revenue Code of 1986 is amended by inserting ‘‘, 
or an applicable life insurance account,’’ after ‘‘health bene-
fits account’’.
1430 
† HR 4348 EAS 
(b) APPLICABLE LIFE INSURANCE ACCOUNT DE-
FINED.— 
(1) IN GENERAL.—Subsection (e) of section 420 
of the Internal Revenue Code of 1986 is amended by 
redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), respectively, and by inserting after para-
graph (3) the following new paragraph: 
‘‘(4) APPLICABLE LIFE INSURANCE ACCOUNT.— 
The term ‘applicable life insurance account’ means a 
separate account established and maintained for 
amounts transferred under this section for qualified 
current retiree liabilities based on premiums for ap-
plicable life insurance benefits.’’. 
(2) APPLICABLE LIFE INSURANCE BENEFITS DE-
FINED.—Paragraph (1) of section 420(e) of such Code 
is amended by redesignating subparagraph (D) as 
subparagraph (E) and by inserting after subpara-
graph (C) the following new subparagraph: 
‘‘(D) APPLICABLE LIFE INSURANCE BENE-
FITS.—The term ‘applicable life insurance bene-
fits’ means group-term life insurance coverage 
provided to retired employees who, immediately 
before the qualified transfer, are entitled to re-
ceive such coverage by reason of retirement and 
who are entitled to pension benefits under the
1431 
† HR 4348 EAS 
plan, but only to the extent that such coverage is 
provided under a policy for retired employees 
and the cost of such coverage is excludable from 
the retired employee’s gross income under section 
79.’’. 
(3) COLLECTIVELY BARGAINED LIFE INSURANCE 
BENEFITS DEFINED.— 
(A) IN GENERAL.—Paragraph (6) of section 
420(f) of such Code is amended by redesignating 
subparagraph (D) as subparagraph (E) and by 
inserting after subparagraph (C) the following 
new subparagraph: 
‘‘(D) COLLECTIVELY
BARGAINED
LIFE
IN-
SURANCE BENEFITS.—The term ‘collectively bar-
gained life insurance benefits’ means, with re-
spect to any collectively bargained transfer— 
‘‘(i) applicable life insurance benefits 
which are provided to retired employees 
who, immediately before the transfer, are 
entitled to receive such benefits by reason of 
retirement, and 
‘‘(ii) if specified by the provisions of 
the collective bargaining agreement gov-
erning the transfer, applicable life insur-
ance benefits which will be provided at re-
1432 
† HR 4348 EAS 
tirement to employees who are not retired 
employees at the time of the transfer.’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Clause (i) of section 420(e)(1)(C) of 
such Code is amended by striking ‘‘upon re-
tirement’’ and inserting ‘‘by reason of re-
tirement’’. 
(ii) Subparagraph (C) of section 
420(f)(6) of such Code is amended— 
(I) by striking ‘‘which are pro-
vided to’’ in the matter preceding 
clause (i), 
(II) by inserting ‘‘which are pro-
vided to’’ before ‘‘retired employees’’ in 
clause (i), 
(III) by striking ‘‘upon retire-
ment’’ in clause (i) and inserting ‘‘by 
reason of retirement’’, and 
(IV) by striking ‘‘active employees 
who, following their retirement,’’ and 
inserting ‘‘which will be provided at 
retirement to employees who are not 
retired employees at the time of the 
transfer and who’’. 
(c) MAINTENANCE OF EFFORT.—
1433 
† HR 4348 EAS 
(1) IN GENERAL.—Subparagraph (A) of section 
420(c)(3) of the Internal Revenue Code of 1986 is 
amended by inserting ‘‘, and each group-term life in-
surance plan under which applicable life insurance 
benefits are provided,’’ after ‘‘health benefits are pro-
vided’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Subparagraph (B) of section 420(c)(3) 
of such Code is amended— 
(i) by redesignating subclauses (I) and 
(II) of clause (i) as subclauses (II) and 
(III) of such clause, respectively, and by in-
serting before subclause (II) of such clause, 
as so redesignated, the following new sub-
clause: 
‘‘(I) separately with respect to ap-
plicable health benefits and applicable 
life insurance benefits,’’, and 
(ii) by striking ‘‘for applicable health 
benefits’’ and all that follows in clause (ii) 
and inserting ‘‘was provided during such 
taxable year for the benefits with respect to 
which the determination under clause (i) is 
made.’’.
1434 
† HR 4348 EAS 
(B) Subparagraph (C) of section 420(c)(3) 
of such Code is amended— 
(i) by inserting ‘‘for applicable health 
benefits’’ after ‘‘applied separately’’, and 
(ii) by inserting ‘‘, and separately for 
applicable life insurance benefits with re-
spect to individuals age 65 or older at any 
time during the taxable year and with re-
spect to individuals under age 65 during 
the taxable year’’ before the period. 
(C) Subparagraph (E) of section 420(c)(3) 
of such Code is amended— 
(i) in clause (i), by inserting ‘‘or re-
tiree life insurance coverage, as the case 
may be,’’ after ‘‘retiree health coverage’’, 
and 
(ii) in clause (ii), by inserting ‘‘FOR 
RETIREE HEALTH COVERAGE’’ after ‘‘COST 
REDUCTIONS’’ in the heading thereof, and 
(iii) in clause (ii)(II), by inserting 
‘‘with respect to applicable health benefits’’ 
after ‘‘liabilities of the employer’’. 
(D) Paragraph (2) of section 420(f) of such 
Code is amended by striking ‘‘collectively bar-
gained retiree health liabilities’’ each place it oc-
1435 
† HR 4348 EAS 
curs and inserting ‘‘collectively bargained retiree 
liabilities’’. 
(E) Clause (i) of section 420(f)(2)(D) of 
such Code is amended— 
(i) by inserting ‘‘, and each group-term 
life insurance plan or arrangement under 
which applicable life insurance benefits are 
provided,’’ in subclause (I) after ‘‘applicable 
health benefits are provided’’, 
(ii) by inserting ‘‘or applicable life in-
surance benefits, as the case may be,’’ in 
subclause (I) after ‘‘provides applicable 
health benefits’’, 
(iii) by striking ‘‘group health’’ in sub-
clause (II), and 
(iv) by inserting ‘‘or collectively bar-
gained life insurance benefits’’ in subclause 
(II) after ‘‘collectively bargained health ben-
efits’’. 
(F) Clause (ii) of section 420(f)(2)(D) of 
such Code is amended— 
(i) by inserting ‘‘with respect to appli-
cable health benefits or applicable life insur-
ance benefits’’ after ‘‘requirements of sub-
section (c)(3)’’, and
1436 
† HR 4348 EAS 
(ii) by adding at the end the following: 
‘‘Such election may be made separately 
with respect to applicable health benefits 
and applicable life insurance benefits. In 
the case of an election with respect to appli-
cable life insurance benefits, the first sen-
tence of this clause shall be applied as if 
subsection (c)(3) as in effect before the 
amendments made by such Act applied to 
such benefits.’’ 
(G) Clause (iii) of section 420(f)(2)(D) of 
such Code is amended— 
(i) by striking ‘‘retiree’’ each place it 
occurs, and 
(ii) by inserting ‘‘, collectively bar-
gained life insurance benefits, or both, as 
the case may be,’’ after ‘‘health benefits’’ 
each place it occurs. 
(d) COORDINATION WITH SECTION 79.—Section 79 of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new subsection: 
‘‘(f) EXCEPTION FOR LIFE INSURANCE PURCHASED IN 
CONNECTION WITH QUALIFIED TRANSFER
OF EXCESS 
PENSION ASSETS.—Subsection (b)(3) and section 72(m)(3) 
shall not apply in the case of any cost paid (whether di-
1437 
† HR 4348 EAS 
rectly or indirectly) with assets held in an applicable life 
insurance account (as defined in section 420(e)(4)) under 
a defined benefit plan.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 420 of the Internal Revenue Code of 
1986 is amended by striking ‘‘qualified current retiree 
health liabilities’’ each place it appears and inserting 
‘‘qualified current retiree liabilities’’. 
(2) Section 420 of such Code is amended by in-
serting ‘‘, or an applicable life insurance account,’’ 
after ‘‘a health benefits account’’ each place it appears 
in subsection (b)(1)(A), subparagraphs (A), (B)(i), 
and (C) of subsection (c)(1), subsection (d)(1)(A), and 
subsection (f)(2)(E)(ii). 
(3) Section 420(b) of such Code is amended— 
(A) by adding the following at the end of 
paragraph (2)(A): ‘‘If there is a transfer from a 
defined benefit plan to both a health benefits ac-
count and an applicable life insurance account 
during any taxable year, such transfers shall be 
treated as 1 transfer for purposes of this para-
graph.’’, and 
(B) by inserting ‘‘to an account’’ after 
‘‘may be transferred’’ in paragraph (3).
1438 
† HR 4348 EAS 
(4) The heading for section 420(c)(1)(B) of such 
Code is amended by inserting ‘‘OR LIFE INSURANCE’’ 
after ‘‘HEALTH BENEFITS’’. 
(5) Paragraph (1) of section 420(e) of such Code 
is amended— 
(A) by inserting ‘‘and applicable life insur-
ance benefits’’ in subparagraph (A) after ‘‘appli-
cable health benefits’’, and 
(B) by striking ‘‘HEALTH’’ in the heading 
thereof. 
(6) Subparagraph (B) of section 420(e)(1) of 
such Code is amended— 
(A) in the matter preceding clause (i), by 
inserting ‘‘(determined separately for applicable 
health benefits and applicable life insurance ben-
efits)’’ after ‘‘shall be reduced by the amount’’, 
(B) in clause (i), by inserting ‘‘or applica-
ble life insurance accounts’’ after ‘‘health benefit 
accounts’’, and 
(C) in clause (i), by striking ‘‘qualified cur-
rent retiree health liability’’ and inserting 
‘‘qualified current retiree liability’’. 
(7) The heading for subsection (f) of section 420 
of such Code is amended by striking ‘‘HEALTH’’ each 
place it occurs.
1439 
† HR 4348 EAS 
(8) Subclause (II) of section 420(f)(2)(B)(ii) of 
such Code is amended by inserting ‘‘or applicable life 
insurance account, as the case may be,’’ after ‘‘health 
benefits account’’. 
(9) Subclause (III) of section 420(f)(2)(E)(i) of 
such Code is amended— 
(A) by inserting ‘‘defined benefit’’ before 
‘‘plan maintained by an employer’’, and 
(B) by inserting ‘‘health’’ before ‘‘benefit 
plans maintained by the employer’’. 
(10) Paragraphs (4) and (6) of section 420(f) of 
such Code are each amended by striking ‘‘collectively 
bargained retiree health liabilities’’ each place it oc-
curs and inserting ‘‘collectively bargained retiree li-
abilities’’. 
(11) Subparagraph (A) of section 420(f)(6) of 
such Code is amended— 
(A) in clauses (i) and (ii), by inserting ‘‘, 
in the case of a transfer to a health benefits ac-
count,’’ before ‘‘his covered spouse and depend-
ents’’, and 
(B) in clause (ii), by striking ‘‘health plan’’ 
and inserting ‘‘plan’’. 
(12) Subparagraph (B) of section 420(f)(6) of 
such Code is amended—
1440 
† HR 4348 EAS 
(A) in clause (i), by inserting ‘‘, and collec-
tively bargained life insurance benefits,’’ after 
‘‘collectively bargained health benefits’’, 
(B) in clause (ii)— 
(i) by adding at the end the following: 
‘‘The preceding sentence shall be applied 
separately for collectively bargained health 
benefits and collectively bargained life in-
surance benefits.’’, and 
(ii) by inserting ‘‘, applicable life in-
surance accounts,’’ after ‘‘health benefit ac-
counts’’, and 
(C) by striking ‘‘HEALTH’’ in the heading 
thereof. 
(13) Subparagraph (E) of section 420(f)(6) of 
such Code, as redesignated by subsection (b), is 
amended— 
(A) by striking ‘‘bargained health’’ and in-
serting ‘‘bargained’’, 
(B) by inserting ‘‘, or a group-term life in-
surance plan or arrangement for retired employ-
ees,’’ after ‘‘dependents’’, and 
(C) by striking ‘‘HEALTH’’ in the heading 
thereof.
1441 
† HR 4348 EAS 
(14) Section 101(e) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1021(e)) is 
amended— 
(A) in paragraphs (1) and (2), by inserting 
‘‘or applicable life insurance account’’ after 
‘‘health benefits account’’ each place it appears, 
and 
(B) in paragraph (1), by inserting ‘‘or ap-
plicable life insurance benefit liabilities’’ after 
‘‘health benefits liabilities’’. 
(f) TECHNICAL CORRECTION.—Clause (iii) of section 
420(f)(6)(B) is amended by striking ‘‘416(I)(1)’’ and insert-
ing ‘‘416(i)(1)’’. 
(g) REPEAL OF DEADWOOD.— 
(1) Subparagraph (A) of section 420(b)(1) of the 
Internal Revenue Code of 1986 is amended by strik-
ing ‘‘in a taxable year beginning after December 31, 
1990’’. 
(2) Subsection (b) of section 420 of such Code is 
amended by striking paragraph (4) and by redesig-
nating paragraph (5), as amended by this Act, as 
paragraph (4). 
(3) Paragraph (2) of section 420(b) of such Code, 
as amended by this section, is amended— 
(A) by striking subparagraph (B), and
1442 
† HR 4348 EAS 
(B) by striking ‘‘PER YEAR.—’’ and all that 
follows through ‘‘No more than’’ and inserting 
‘‘PER YEAR.—No more than’’. 
(4) Paragraph (2) of section 420(c) of such Code 
is amended— 
(A) by striking subparagraph (B), 
(B) by moving subparagraph (A) two ems 
to the left, and 
(C) by striking ‘‘BEFORE
TRANSFER.—’’ 
and all that follows through ‘‘The requirements 
of this paragraph’’ and inserting the following: 
‘‘BEFORE TRANSFER.—The requirements of this 
paragraph’’. 
(5) Paragraph (2) of section 420(d) of such Code 
is amended by striking ‘‘after December 31, 1990’’. 
(h) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by 
this section shall apply to transfers made after the 
date of the enactment of this Act. 
(2) CONFORMING
AMENDMENTS
RELATING
TO 
PENSION PROTECTION ACT.—The amendments made 
by subsections (b)(3)(B) and (f) shall take effect as if 
included in the amendments made by section 841(a) 
of the Pension Protection Act of 2006.
1443 
† HR 4348 EAS 
SEC. 40312. PENSION FUNDING STABILIZATION. 
(a) AMENDMENTS TO INTERNAL REVENUE CODE OF 
1986.— 
(1) IN GENERAL.—Subparagraph (C) of section 
430(h)(2) of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new 
clause: 
‘‘(iv) 
SEGMENT
RATE
STABILIZA-
TION.— 
‘‘(I) IN GENERAL.—If a segment 
rate described in clause (i), (ii), or 
(iii) with respect to any applicable 
month (determined without regard to 
this clause) is less than the applicable 
minimum percentage, or more than the 
applicable maximum percentage, of the 
average of the segment rates described 
in such clause for years in the 25-year 
period ending with September 30 of the 
calendar year preceding the calendar 
year in which the plan year begins, 
then the segment rate described in such 
clause with respect to the applicable 
month shall be equal to the applicable 
minimum percentage or the applicable 
maximum percentage of such average,
1444 
† HR 4348 EAS 
whichever is closest. The Secretary 
shall determine such average on an an-
nual basis and may prescribe equiva-
lent rates for years in any such 25- 
year period for which the rates de-
scribed in any such clause are not 
available. 
‘‘(II) APPLICABLE MINIMUM PER-
CENTAGE; APPLICABLE MAXIMUM PER-
CENTAGE.—For purposes of subclause 
(I), the applicable minimum percent-
age and the applicable maximum per-
centage for a plan year beginning in a 
calendar year shall be determined in 
accordance with the following table: 
‘‘If the calendar year is: 
The appli-
cable min-
imum per-
centage is: 
The appli-
cable max-
imum per-
centage is: 
2012 .................................................................................
90% 
110%
2013 .................................................................................
85% 
115%
2014 .................................................................................
80% 
120%
2015 .................................................................................
75% 
125%
After 2015 .......................................................................
70% 
130%.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Paragraph (6) of section 404(o) of such 
Code is amended by inserting ‘‘(determined by 
not taking into account any adjustment under
1445 
† HR 4348 EAS 
clause (iv) of subsection (h)(2)(C) thereof)’’ before 
the period. 
(B) Subparagraph (F) of section 430(h)(2) 
of such Code is amended by inserting ‘‘and the 
averages 
determined 
under 
subparagraph 
(C)(iv)’’ after ‘‘subparagraph (C)’’. 
(C) Subparagraphs (C) and (D) of section 
417(e)(3) of such Code are each amended by 
striking ‘‘section 430(h)(2)(C)’’ and inserting 
‘‘section 430(h)(2)(C) (determined by not taking 
into account any adjustment under clause (iv) 
thereof)’’. 
(b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974.— 
(1) IN GENERAL.—Subparagraph (C) of section 
303(h)(2) of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1083(h)(2)) is amended 
by adding at the end the following new clause: 
‘‘(iv) 
SEGMENT
RATE
STABILIZA-
TION.— 
‘‘(I) IN GENERAL.—If a segment 
rate described in clause (i), (ii), or 
(iii) with respect to any applicable 
month (determined without regard to 
this clause) is less than the applicable
1446 
† HR 4348 EAS 
minimum percentage, or more than the 
applicable maximum percentage, of the 
average of the segment rates described 
in such clause for years in the 25-year 
period ending with September 30 of the 
calendar year preceding the calendar 
year in which the plan year begins, 
then the segment rate described in such 
clause with respect to the applicable 
month shall be equal to the applicable 
minimum percentage or the applicable 
maximum percentage of such average, 
whichever is closest. The Secretary of 
the Treasury shall determine such av-
erage on an annual basis and may 
prescribe equivalent rates for years in 
any such 25-year period for which the 
rates described in any such clause are 
not available. 
‘‘(II) APPLICABLE MINIMUM PER-
CENTAGE; APPLICABLE MAXIMUM PER-
CENTAGE.—For purposes of subclause 
(I), the applicable minimum percent-
age and the applicable maximum per-
centage for a plan year beginning in a
1447 
† HR 4348 EAS 
calendar year shall be determined in 
accordance with the following table: 
‘‘If the calendar year is: 
The appli-
cable min-
imum per-
centage is: 
The appli-
cable max-
imum per-
centage is: 
2012 .................................................................................
90% 
110%
2013 .................................................................................
85% 
115%
2014 .................................................................................
80% 
120%
2015 .................................................................................
75% 
125%
After 2015 .......................................................................
70% 
130%.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Subparagraph (F) of section 303(h)(2) 
of such Act (29 U.S.C. 1083(h)(2)) is amended 
by inserting ‘‘and the averages determined under 
subparagraph 
(C)(iv)’’ 
after 
‘‘subparagraph 
(C)’’. 
(B) Clauses (ii) and (iii) of section 
205(g)(3)(B) 
of 
such 
Act 
(29 
U.S.C. 
1055(g)(3)(B)) are each amended by striking 
‘‘section 303(h)(2)(C)’’ and inserting ‘‘section 
303(h)(2)(C) (determined by not taking into ac-
count any adjustment under clause (iv) there-
of)’’. 
(C) Clause (iv) of section 4006(a)(3)(E) of 
such Act (29 U.S.C. 1306(a)(3)(E)) is amended 
by striking ‘‘section 303(h)(2)(C)’’ and inserting 
‘‘section 303(h)(2)(C) (notwithstanding any reg-
ulations issued by the corporation, determined
1448 
† HR 4348 EAS 
by not taking into account any adjustment 
under clause (iv) thereof)’’. 
(c) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by 
this section shall apply with respect to plan years be-
ginning after December 31, 2011. 
(2) EXCEPTION.—A plan sponsor may elect not 
to have the amendments made by this section apply 
to any plan year beginning on or before the date of 
the enactment of this Act solely for purposes of deter-
mining the adjusted funding target attainment per-
centage under sections 436 of the Internal Revenue 
Code of 1986 and 206(g) of the Employee Retirement 
Income Security Act of 1974 for such plan year. A 
plan shall not be treated as failing to meet the re-
quirements of sections 411(d)(6) of such Code and 
204(g) of such Act solely by reason of an election 
under this paragraph. 
SEC. 40313. ADDITIONAL TRANSFERS TO HIGHWAY TRUST 
FUND. 
Subsection (f) of section 9503 of the Internal Revenue 
Code of 1986, as amended by this Act, is amended by redes-
ignating paragraph (4) as paragraph (5) and by inserting 
after paragraph (3) the following new paragraph:
1449 
† HR 4348 EAS 
‘‘(4) ADDITIONAL
APPROPRIATIONS
TO
TRUST 
FUND.—Out of money in the Treasury not otherwise 
appropriated, there is hereby appropriated to the 
Highway Trust Fund— 
‘‘(A) for fiscal year 2012, $2,183,000,000, 
‘‘(B) for fiscal year 2013, $2,277,000,000, 
and 
‘‘(C) for fiscal year 2014, $510,000,000.’’. 
SEC. 40314. TRANSFERS TO FEDERAL OLD-AGE AND SUR-
VIVORS INSURANCE TRUST FUND AND FED-
ERAL DISABILITY INSURANCE TRUST FUND. 
Out of money in the Treasury not otherwise appro-
priated, there is hereby appropriated— 
(1) for fiscal year 2012, $27,000,000, and 
(2) for fiscal year 2014, $82,000,000, 
to the Federal Old-Age and Survivors Trust Fund and the 
Federal Disability Insurance Trust Fund established under 
section 201 of the Social Security Act (42 U.S.C. 401). The 
Secretary of the Treasury shall allocate such amounts be-
tween such Trust Funds in the ratio in which amounts are 
appropriated to such Trust Funds under clause (3) of sec-
tion 201(a) and clause (1) of section 201(b) of such Act.
1450 
† HR 4348 EAS 
DIVISION E—RESEARCH AND 
EDUCATION 
SEC. 50001. SHORT TITLE. 
This division may be cited as the ‘‘Transportation Re-
search and Innovative Technology Act of 2012’’. 
TITLE I—FUNDING 
SEC. 51001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) HIGHWAY
RESEARCH
AND
DEVELOPMENT 
PROGRAM.—To carry out sections 503(b), 503(d), and 
509 of title 23, United States Code, $90,000,000 for 
each of fiscal years 2012 and 2013. 
(2) TECHNOLOGY AND INNOVATION DEPLOYMENT 
PROGRAM.—To carry out section 503(c) of title 23, 
United States Code, $90,000,000 for each of fiscal 
years 2012 and 2013. 
(3) TRAINING AND EDUCATION.—To carry out 
section 504 of title 23, United States Code, 
$24,000,000 for each of fiscal years 2012 and 2013. 
(4) INTELLIGENT
TRANSPORTATION
SYSTEMS 
PROGRAM.—To carry out sections 512 through 518 of 
title 23, United States Code, $100,000,000 for each of 
fiscal years 2012 and 2013.
1451 
† HR 4348 EAS 
(5) UNIVERSITY TRANSPORTATION CENTERS PRO-
GRAM.—To carry out section 5505 of title 49, United 
States Code, $70,000,000 for each of fiscal years 2012 
and 2013. 
(6) BUREAU OF TRANSPORTATION STATISTICS.— 
To carry out chapter 65 of title 49, United States 
Code, $26,000,000 for each of fiscal years 2012 and 
2013. 
(b) APPLICABILITY
OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by subsection 
(a) shall— 
(1) be available for obligation in the same man-
ner as if those funds were apportioned under chapter 
1 of title 23, United States Code, except that the Fed-
eral share of the cost of a project or activity carried 
out using those funds shall be 80 percent, unless oth-
erwise expressly provided by this Act (including the 
amendments by this Act) or otherwise determined by 
the Secretary; and 
(2) remain available until expended and not be 
transferable.
1452 
† HR 4348 EAS 
TITLE II—RESEARCH, 
TECHNOLOGY, AND EDUCATION 
SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION. 
Section 501 of title 23, United States Code, is amend-
ed— 
(1) by redesignating paragraph (2) as para-
graph (8); 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) INCIDENT.—The term ‘incident’ means a 
crash, natural disaster, workzone activity, special 
event, or other emergency road user occurrence that 
adversely affects or impedes the normal flow of traffic. 
‘‘(3) INNOVATION LIFECYCLE.—The term ‘inno-
vation lifecycle’ means the process of innovating 
through— 
‘‘(A) the identification of a need; 
‘‘(B) the establishment of the scope of re-
search to address that need; 
‘‘(C) setting an agenda; 
‘‘(D) carrying out research, development, 
deployment, and testing of the resulting tech-
nology or innovation; and 
‘‘(E) carrying out an evaluation of the im-
pact of the resulting technology or innovation.
1453 
† HR 4348 EAS 
‘‘(4) 
INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘intelligent transportation in-
frastructure’ means fully integrated public sector in-
telligent transportation system components, as defined 
by the Secretary. 
‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.— 
The terms ‘intelligent transportation system’ and 
‘ITS’ mean electronics, photonics, communications, or 
information processing used singly or in combination 
to improve the efficiency or safety of a surface trans-
portation system. 
‘‘(6) NATIONAL
ARCHITECTURE.—For purposes 
of this chapter, the term ‘national architecture’ means 
the common framework for interoperability that de-
fines— 
‘‘(A) the functions associated with intel-
ligent transportation system user services; 
‘‘(B) the physical entities or subsystems 
within which the functions reside; 
‘‘(C) the data interfaces and information 
flows between physical subsystems; and 
‘‘(D) the communications requirements as-
sociated with the information flows. 
‘‘(7) PROJECT.—The term ‘project’ means an un-
dertaking to research, develop, or operationally test
1454 
† HR 4348 EAS 
intelligent transportation systems or any other under-
taking eligible for assistance under this chapter.’’; and 
(3) by inserting after paragraph (8) (as so redes-
ignated) the following: 
‘‘(9) STANDARD.—The term ‘standard’ means a 
document that— 
‘‘(A) contains technical specifications or 
other precise criteria for intelligent transpor-
tation systems that are to be used consistently as 
rules, guidelines, or definitions of characteristics 
so as to ensure that materials, products, proc-
esses, and services are fit for the intended pur-
poses of the materials, products, processes, and 
services; and 
‘‘(B) may support the national architecture 
and promote— 
‘‘(i) the widespread use and adoption 
of intelligent transportation system tech-
nology as a component of the surface trans-
portation systems of the United States; and 
‘‘(ii) interoperability among intelligent 
transportation system technologies imple-
mented throughout the States.’’.
1455 
† HR 4348 EAS 
SEC. 52002. SURFACE TRANSPORTATION RESEARCH, DEVEL-
OPMENT, AND TECHNOLOGY. 
(a) SURFACE TRANSPORTATION RESEARCH, DEVELOP-
MENT, AND TECHNOLOGY.—Section 502 of title 23, United 
States Code, is amended— 
(1) in the section heading by inserting ‘‘, devel-
opment, and technology’’ after ‘‘surface transportation 
research’’; 
(2) in subsection (a)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (8) as paragraphs (2) through (9), re-
spectively; 
(B) by inserting before paragraph (2) (as 
redesignated by subparagraph (A)) the following: 
‘‘(1) APPLICABILITY.—The research, develop-
ment, and technology provisions of this section shall 
apply throughout this chapter.’’; 
(C) in paragraph (2) (as redesignated by 
subparagraph (A))— 
(i) by inserting ‘‘within the innovation 
lifecycle’’ after ‘‘activities’’; and 
(ii) by inserting ‘‘marketing and com-
munications, 
impact 
analysis,’’ 
after 
‘‘training,’’; 
(D) in paragraph (3) (as redesignated by 
subparagraph (A))—
1456 
† HR 4348 EAS 
(i) in subparagraph (B) by striking 
‘‘supports research in which there is a clear 
public benefit and’’ and inserting ‘‘delivers 
a clear public benefit and occurs where’’; 
(ii) in subparagraph (C) by striking 
‘‘or’’ after the semicolon; 
(iii) by redesignating subparagraph 
(D) as subparagraph (H); and 
(iv) by inserting after subparagraph 
(C) the following: 
‘‘(D) meets and addresses current or emerg-
ing needs; 
‘‘(E) presents the best means to align re-
sources with multiyear plans and priorities; 
‘‘(F) ensures the coordination of highway 
research and technology transfer activities, in-
cluding through activities performed by univer-
sity transportation centers; 
‘‘(G) educates current and future transpor-
tation professionals; or’’; 
(E) in paragraph (4) (as redesignated by 
subparagraph (A)) by striking subparagraphs 
(B) through (D) and inserting the following: 
‘‘(B) partner with State highway agencies 
and other stakeholders as appropriate, including
1457 
† HR 4348 EAS 
international entities, to facilitate research and 
technology transfer activities; 
‘‘(C) communicate the results of ongoing 
and completed research; 
‘‘(D) lead efforts to coordinate national em-
phasis areas of highway research, technology, 
and innovation deployment; 
‘‘(E) leverage partnerships with industry, 
academia, and international entities; and 
‘‘(F) conduct, facilitate, and support train-
ing and education of current and future trans-
portation professionals.’’; 
(F) in paragraph (5)(C) (as redesignated by 
subparagraph (A)) by striking ‘‘policy and plan-
ning’’ and inserting ‘‘all highway objectives seek-
ing to improve the performance of the transpor-
tation system’’; 
(G) in paragraph (6) (as redesignated by 
subparagraph (A)) in the second sentence, by in-
serting ‘‘tribal governments,’’ after ‘‘local govern-
ments,’’; and 
(H) in paragraph (8) (as redesignated by 
subparagraph (A))—
1458 
† HR 4348 EAS 
(i) in the first sentence, by striking 
‘‘To the maximum’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—To the maximum’’; 
(ii) in the second sentence, by striking 
‘‘Performance measures’’ and inserting the 
following: 
‘‘(B) PERFORMANCE MEASURES.—Perform-
ance measures’’; 
(iii) in the third sentence, by striking 
‘‘All evaluations’’ and inserting the fol-
lowing: 
‘‘(D) AVAILABILITY OF EVALUATIONS.—All 
evaluations under this paragraph’’; and 
(iv) by inserting after subparagraph 
(B) the following: 
‘‘(C) PROGRAM
PLAN.—To the maximum 
extent practicable, each program pursued under 
this chapter shall be part of a data-driven, out-
come-oriented program plan.’’; 
(3) in subsection (b)— 
(A) in paragraph (4) by striking ‘‘surface 
transportation research and technology develop-
ment strategic plan developed under section 508’’
1459 
† HR 4348 EAS 
and inserting ‘‘the transportation research and 
development strategic plan of the Secretary’’; 
(B) in paragraph (5) by striking ‘‘section’’ 
each place it appears and inserting ‘‘chapter’’; 
(C) in paragraph (6) by adding at the end 
the following: 
‘‘(C) 
TRANSFER
OF
AMOUNTS
AMONG 
STATES OR TO FEDERAL HIGHWAY ADMINISTRA-
TION.—The Secretary may, at the request of a 
State, transfer amounts apportioned or allocated 
to that State under this chapter to another State 
or the Federal Highway Administration to fund 
research, development, and technology transfer 
activities of mutual interest on a pooled funds 
basis. 
‘‘(D) TRANSFER OF OBLIGATION AUTHOR-
ITY.—Obligation authority for amounts trans-
ferred under this subsection shall be disbursed in 
the same manner and for the same amount as 
provided for the project being transferred.’’; and 
(D) by adding at the end the following: 
‘‘(7) PRIZE COMPETITIONS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
carry out prize competitions to award competi-
tive prizes for surface transportation innovations
1460 
† HR 4348 EAS 
that have the potential for application to the re-
search and technology objectives and activities of 
the Federal Highway Administration to improve 
system performance. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
use a competitive process for the selection of 
prize recipients and shall widely advertise 
and solicit participation in prize competi-
tions under this paragraph. 
‘‘(ii) REGISTRATION
REQUIRED.—No 
individual or entity shall participate in a 
prize competition under this paragraph un-
less the individual or entity has registered 
with the Secretary in accordance with the 
eligibility requirements established by the 
Secretary under clause (iii). 
‘‘(iii) MINIMUM REQUIREMENTS.—The 
Secretary shall establish eligibility require-
ments for participation in each prize com-
petition under this paragraph, which, at a 
minimum, shall— 
‘‘(I) limit participation in the 
prize competition to—
1461 
† HR 4348 EAS 
‘‘(aa) individuals who are 
citizens of the United States; 
‘‘(bb) entities organized or 
existing under the laws of the 
United States or of a State; and 
‘‘(cc) entities organized or ex-
isting under the laws of a foreign 
country, if the controlling interest, 
as defined by the Secretary, is 
held by an individual or entity 
described in item (aa) or (bb); 
‘‘(II) require any individual or 
entity that registers for a prize com-
petition— 
‘‘(aa) to assume all risks 
arising from participation in the 
competition; and 
‘‘(bb) to waive all claims 
against the Federal Government 
for any damages arising out of 
participation in the competition, 
including 
all 
claims, 
whether 
through negligence or otherwise, 
except in the case of willful mis-
conduct, for—
1462 
† HR 4348 EAS 
‘‘(AA) 
injury, 
death, 
damage, or loss of property; 
or 
‘‘(BB) loss of revenue or 
profits, whether direct, indi-
rect, or consequential; and 
‘‘(III) require any individual or 
entity that registers for a prize com-
petition to waive all claims against 
any non-Federal entity operating or 
managing the prize competition, such 
as a private contractor managing com-
petition activities, to the extent that 
the Secretary believes is necessary to 
protect the interests of the Federal Gov-
ernment. 
‘‘(C) RELATIONSHIP
TO
OTHER
AUTHOR-
ITY.—The Secretary may exercise the authority 
in this section in conjunction with, or in addi-
tion to, any other authority of the Secretary to 
acquire, support, or stimulate innovations with 
the potential for application to the Federal high-
way research technology and education pro-
gram.’’; 
(4) in subsection (c)—
1463 
† HR 4348 EAS 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘subsection’’ and insert-
ing ‘‘chapter’’; and 
(ii) by striking ‘‘50’’ and inserting 
‘‘80’’; and 
(B) in paragraph (4) by striking ‘‘sub-
section’’ and inserting ‘‘chapter’’; and 
(5) by striking subsections (d) through (j). 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
striking the item relating to section 502 and inserting the 
following: 
‘‘502. Surface transportation research, development, and technology.’’. 
SEC. 52003. RESEARCH AND TECHNOLOGY DEVELOPMENT 
AND DEPLOYMENT. 
(a) IN GENERAL.—Section 503 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 503. Research and technology development and de-
ployment 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) carry out research, development, and de-
ployment activities that encompass the entire innova-
tion lifecycle; and 
‘‘(2) ensure that all research carried out under 
this section aligns with the transportation research 
and development strategic plan of the Secretary.
1464 
† HR 4348 EAS 
‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT PRO-
GRAM.— 
‘‘(1) OBJECTIVES.—In carrying out the highway 
research and development program, the Secretary, to 
address current and emerging highway transportation 
needs, shall— 
‘‘(A) identify research topics; 
‘‘(B) coordinate domestic and international 
research and development activities; 
‘‘(C) carry out research, testing, and eval-
uation activities; and 
‘‘(D) provide technology transfer and tech-
nical assistance. 
‘‘(2) CONTENTS.—Research and development ac-
tivities carried out under this section may include 
any of the following activities: 
‘‘(A) IMPROVING HIGHWAY SAFETY.— 
‘‘(i) IN GENERAL.—The Secretary shall 
carry out research and development activi-
ties from an integrated perspective to estab-
lish and implement systematic measures to 
improve highway safety. 
‘‘(ii) OBJECTIVES.—In carrying out 
this subparagraph the Secretary shall carry 
out research and development activities—
1465 
† HR 4348 EAS 
‘‘(I) to achieve greater long-term 
safety gains; 
‘‘(II) to reduce the number of fa-
talities and serious injuries on public 
roads; 
‘‘(III) to fill knowledge gaps that 
limit the effectiveness of research; 
‘‘(IV) to support the development 
and implementation of State strategic 
highway safety plans; 
‘‘(V) to advance improvements in, 
and use of, performance prediction 
analysis for decisionmaking; and 
‘‘(VI) to expand technology trans-
fer to partners and stakeholders. 
‘‘(iii) CONTENTS.—Research and tech-
nology activities carried out under this sub-
paragraph may include— 
‘‘(I) safety assessments and deci-
sionmaking tools; 
‘‘(II) data collection and analysis; 
‘‘(III) crash reduction projections; 
‘‘(IV) 
low-cost 
safety 
counter-
measures;
1466 
† HR 4348 EAS 
‘‘(V) innovative operational im-
provements and designs of roadway 
and roadside features; 
‘‘(VI) 
evaluation 
of 
counter-
measure costs and benefits; 
‘‘(VII) development of tools for 
projecting impacts of safety counter-
measures; 
‘‘(VIII) rural road safety meas-
ures; 
‘‘(IX) safety measures for vulner-
able road users, including bicyclists 
and pedestrians; 
‘‘(X) safety policy studies; 
‘‘(XI) human factors studies and 
measures; 
‘‘(XII) safety technology deploy-
ment; 
‘‘(XIII) safety workforce profes-
sional capacity building initiatives; 
‘‘(XIV) safety program and proc-
ess improvements; and 
‘‘(XV) tools and methods to en-
hance safety performance, including
1467 
† HR 4348 EAS 
achievement of statewide safety per-
formance targets. 
‘‘(B) IMPROVING INFRASTRUCTURE INTEG-
RITY.— 
‘‘(i) IN GENERAL.—The Secretary shall 
carry out and facilitate highway and bridge 
infrastructure research and development ac-
tivities— 
‘‘(I) to maintain infrastructure 
integrity; 
‘‘(II) to meet user needs; and 
‘‘(III) to link Federal transpor-
tation investments to improvements in 
system performance. 
‘‘(ii) OBJECTIVES.—In carrying out 
this subparagraph, the Secretary shall carry 
out research and development activities— 
‘‘(I) to reduce the number of fa-
talities attributable to infrastructure 
design characteristics and work zones; 
‘‘(II) to improve the safety and se-
curity of highway infrastructure; 
‘‘(III) to increase the reliability of 
lifecycle performance predictions used
1468 
† HR 4348 EAS 
in infrastructure design, construction, 
and management; 
‘‘(IV) to improve the ability of 
transportation 
agencies 
to 
deliver 
projects that meet expectations for 
timeliness, quality, and cost; 
‘‘(V) to reduce user delay attrib-
utable to infrastructure system per-
formance, maintenance, rehabilitation, 
and construction; 
‘‘(VI) to improve highway condi-
tion and performance through in-
creased use of design, materials, con-
struction, and maintenance innova-
tions; 
‘‘(VII) to reduce the lifecycle envi-
ronmental impacts of highway infra-
structure through innovations in de-
sign, construction, operation, preserva-
tion, and maintenance; and 
‘‘(VIII) to study vulnerabilities of 
the transportation system to seismic 
activities and extreme events and 
methods to reduce those vulnerabilities.
1469 
† HR 4348 EAS 
‘‘(iii) CONTENTS.—Research and tech-
nology activities carried out under this sub-
paragraph may include— 
‘‘(I) long-term infrastructure per-
formance programs addressing pave-
ments, bridges, tunnels, and other 
structures; 
‘‘(II) short-term and accelerated 
studies of infrastructure performance; 
‘‘(III) research to develop more 
durable infrastructure materials and 
systems; 
‘‘(IV) advanced infrastructure de-
sign methods; 
‘‘(V) accelerated highway and 
bridge construction; 
‘‘(VI) performance-based specifica-
tions; 
‘‘(VII) construction and materials 
quality assurance; 
‘‘(VIII) comprehensive and inte-
grated infrastructure asset manage-
ment; 
‘‘(IX) infrastructure safety assur-
ance;
1470 
† HR 4348 EAS 
‘‘(X) highway infrastructure secu-
rity; 
‘‘(XI) sustainable infrastructure 
design and construction; 
‘‘(XII) infrastructure rehabilita-
tion and preservation techniques, in-
cluding techniques to rehabilitate and 
preserve historic infrastructure; 
‘‘(XIII) hydraulic, geotechnical, 
and aerodynamic aspects of infrastruc-
ture; 
‘‘(XIV) improved highway con-
struction technologies and practices; 
‘‘(XV) 
improved 
tools, 
tech-
nologies, and models for infrastructure 
management, including assessment and 
monitoring of infrastructure condition; 
‘‘(XVI) studies to improve flexi-
bility and resiliency of infrastructure 
systems to withstand climate varia-
bility; 
‘‘(XVII) studies on the effective-
ness of fiber-based additives to improve 
the durability of surface transportation
1471 
† HR 4348 EAS 
materials in various geographic re-
gions; 
‘‘(XVIII) studies of infrastructure 
resilience and other adaptation meas-
ures; 
‘‘(XIX) maintenance of seismic re-
search activities, including research 
carried out in conjunction with other 
Federal agencies to study the vulner-
ability of the transportation system to 
seismic activity and methods to reduce 
that vulnerability; and 
‘‘(XX) technology transfer and 
adoption of permeable, pervious, or po-
rous paving materials, practices, and 
systems that are designed to minimize 
environmental 
impacts, 
stormwater 
runoff, and flooding and to treat or re-
move 
pollutants 
by 
allowing 
stormwater to infiltrate through the 
pavement in a manner similar to 
predevelopment hydrologic conditions. 
‘‘(iv) 
LIFECYCLE
COSTS
ANALYSIS 
STUDY.—
1472 
† HR 4348 EAS 
‘‘(I) IN GENERAL.—In this clause, 
the term ‘lifecycle costs analysis’ means 
a process for evaluating the total eco-
nomic worth of a usable project seg-
ment by analyzing initial costs and 
discounted future costs, such as main-
tenance, user, reconstruction, rehabili-
tation, restoring, and resurfacing costs, 
over the life of the project segment. 
‘‘(II) STUDY.—The Comptroller 
General shall conduct a study of the 
best practices for calculating lifecycle 
costs for federally funded highway 
projects. At a minimum, this study 
shall include a thorough literature re-
view and a survey of current lifecycle 
cost practices of State departments of 
transportation. 
‘‘(III) CONSULTATION.—In car-
rying out this study, the Comptroller 
shall consult with, at a minimum— 
‘‘(aa) the American Associa-
tion of State Highway and Trans-
portation Officials;
1473 
† HR 4348 EAS 
‘‘(bb) appropriate experts in 
the field of lifecycle cost analysis; 
and 
‘‘(cc) appropriate industry 
experts and research centers. 
‘‘(IV) REPORT.—Not later than 1 
year after the date of enactment of the 
Transportation Research and Innova-
tive Technology Act of 2012, the Comp-
troller General shall submit to the 
Committee on Environment and Public 
Works of the Senate and the Committee 
on Transportation and Infrastructure 
of the House of Representatives a re-
port on the results of the study which 
shall include, but is not limited to— 
‘‘(aa) a summary of the lat-
est research on lifecycle cost anal-
ysis; and 
‘‘(bb) recommendations on 
the appropriate— 
‘‘(AA) period of anal-
ysis; 
‘‘(BB) design period;
1474 
† HR 4348 EAS 
‘‘(CC) discount rates; 
and 
‘‘(DD) use of actual ma-
terial life and maintenance 
cost data. 
‘‘(C) 
STRENGTHENING
TRANSPORTATION 
PLANNING
AND
ENVIRONMENTAL
DECISION-
MAKING.— 
‘‘(i) IN GENERAL.—The Secretary shall 
carry out research— 
‘‘(I) to improve transportation 
planning and environmental decision-
making processes; and 
‘‘(II) to minimize the impact of 
surface transportation on the environ-
ment and quality of life. 
‘‘(ii) OBJECTIVES.—In carrying out 
this subparagraph the Secretary shall carry 
out research and development activities— 
‘‘(I) to reduce the impact of high-
way infrastructure and operations on 
the natural and human environment; 
‘‘(II) to advance improvements in 
environmental analyses and processes
1475 
† HR 4348 EAS 
and context sensitive solutions for 
transportation decisionmaking; 
‘‘(III) to improve construction 
techniques; 
‘‘(IV) to accelerate construction to 
reduce congestion and related emis-
sions; 
‘‘(V) to reduce the impact of high-
way runoff on the environment; 
‘‘(VI) to maintain sustainability 
of biological communities and eco-
systems adjacent to highway corridors; 
‘‘(VII) to improve understanding 
and modeling of the factors that con-
tribute to the demand for transpor-
tation; 
‘‘(VIII) to improve transportation 
planning decisionmaking and coordi-
nation; and 
‘‘(IX) to reduce the environmental 
impacts of freight movement. 
‘‘(iii) CONTENTS.—Research and tech-
nology activities carried out under this sub-
paragraph may include—
1476 
† HR 4348 EAS 
‘‘(I) creation of models and tools 
for evaluating transportation measures 
and transportation system designs; 
‘‘(II) congestion reduction efforts; 
‘‘(III) transportation and eco-
nomic development planning in rural 
areas and small communities; 
‘‘(IV) improvement of State, local, 
and tribal capabilities relating to sur-
face transportation planning and the 
environment; 
‘‘(V) environmental stewardship 
and sustainability activities; 
‘‘(VI) streamlining of project de-
livery processes; 
‘‘(VII) development of effective 
strategies and techniques to analyze 
and minimize impacts to the natural 
and human environment and provide 
environmentally beneficial mitigation; 
‘‘(VIII) 
comprehensive 
multi-
national planning; 
‘‘(IX) multistate transportation 
corridor planning;
1477 
† HR 4348 EAS 
‘‘(X) improvement of transpor-
tation choices, including walking, bicy-
cling, and linkages to public transpor-
tation; 
‘‘(XI) ecosystem sustainability; 
‘‘(XII) wildlife and plant popu-
lation connectivity and interaction 
across and along highway corridors; 
‘‘(XIII) analysis, measurement, 
and reduction of air pollution from 
transportation sources; 
‘‘(XIV) advancement in the under-
standing of health impact analyses in 
transportation planning and project 
development; 
‘‘(XV) transportation planning 
professional development; 
‘‘(XVI) research on improving the 
cooperation and integration of trans-
portation planning with other regional 
plans, including land use, energy, 
water infrastructure, economic develop-
ment, and housing plans;
1478 
† HR 4348 EAS 
‘‘(XVII) reducing the environ-
mental impacts of freight movement; 
and 
‘‘(XVIII) 
alternative 
transpor-
tation fuels research. 
‘‘(D) REDUCING
CONGESTION, IMPROVING 
HIGHWAY
OPERATIONS, 
AND
ENHANCING 
FREIGHT PRODUCTIVITY.— 
‘‘(i) IN GENERAL.—The Secretary shall 
carry out research under this subparagraph 
with the goals of— 
‘‘(I) addressing congestion prob-
lems; 
‘‘(II) reducing the costs of conges-
tion; 
‘‘(III) improving freight move-
ment; 
‘‘(IV) 
increasing 
productivity; 
and 
‘‘(V) improving the economic com-
petitiveness of the United States. 
‘‘(ii) OBJECTIVES.—In carrying out 
this subparagraph, the Secretary shall carry 
out research and development activities to
1479 
† HR 4348 EAS 
identify, develop, and assess innovations 
that have the potential— 
‘‘(I) to reduce traffic congestion; 
‘‘(II) to improve freight move-
ment; and 
‘‘(III) to reduce freight-related 
congestion throughout the transpor-
tation network. 
‘‘(iii) CONTENTS.—Research and tech-
nology activities carried out under this sub-
paragraph may include— 
‘‘(I) active traffic and demand 
management; 
‘‘(II) acceleration of the imple-
mentation of Intelligent Transpor-
tation Systems technology; 
‘‘(III) advanced transportation 
concepts and analysis; 
‘‘(IV) arterial management and 
traffic signal operation; 
‘‘(V) congestion pricing; 
‘‘(VI) corridor management; 
‘‘(VII) emergency operations; 
‘‘(VIII) research relating to ena-
bling technologies and applications;
1480 
† HR 4348 EAS 
‘‘(IX) freeway management; 
‘‘(X) evaluation of enabling tech-
nologies; 
‘‘(XI) freight industry professional 
development; 
‘‘(XII) impacts of vehicle size and 
weight on congestion; 
‘‘(XIII) freight operations and 
technology; 
‘‘(XIV) operations and freight 
performance measurement and man-
agement; 
‘‘(XV) organization and planning 
for operations; 
‘‘(XVI) planned special events 
management; 
‘‘(XVII) real-time transportation 
information; 
‘‘(XVIII) road weather manage-
ment; 
‘‘(XIX) traffic and freight data 
and analysis tools; 
‘‘(XX) traffic control devices; 
‘‘(XXI) traffic incident manage-
ment;
1481 
† HR 4348 EAS 
‘‘(XXII) work zone management; 
‘‘(XXIII) communication of trav-
el, roadway, and emergency informa-
tion to persons with disabilities; and 
‘‘(XXIV) research on enhanced 
mode 
choice 
and 
intermodal 
connectivity. 
‘‘(E) ASSESSING POLICY AND SYSTEM FI-
NANCING ALTERNATIVES.— 
‘‘(i) IN GENERAL.—The Secretary shall 
carry out research and technology on emerg-
ing issues in the domestic and international 
transportation community from a policy 
perspective. 
‘‘(ii) OBJECTIVES.—Research and tech-
nology activities carried out under this sub-
paragraph shall provide information to pol-
icy and decisionmakers on current and 
emerging transportation issues. 
‘‘(iii) RESEARCH ACTIVITIES.—Activi-
ties carried out under this subparagraph 
shall include— 
‘‘(I) the planning and integration 
of a coordinated program related to the 
possible design, interoperability, and
1482 
† HR 4348 EAS 
institutional roles of future sustainable 
transportation revenue mechanisms; 
‘‘(II) field trials to research poten-
tial alternative revenue mechanisms, 
and the Secretary may partner with 
individual States, groups of States, or 
other entities to implement such trials; 
and 
‘‘(III) other activities to study 
new methods which preserve a user-fee 
structure to maintain the long-term 
solvency of the Highway Trust Fund. 
‘‘(iv) CONTENTS.—Research and tech-
nology activities carried out under this sub-
paragraph may include— 
‘‘(I) highway needs and invest-
ment analysis; 
‘‘(II) a motor fuel tax evasion 
program; 
‘‘(III) advancing innovations in 
revenue generation, financing, and 
procurement for project delivery; 
‘‘(IV) improving the accuracy of 
project cost analyses;
1483 
† HR 4348 EAS 
‘‘(V) highway performance meas-
urement; 
‘‘(VI) travel demand performance 
measurement; 
‘‘(VII) highway finance perform-
ance measurement; 
‘‘(VIII) international technology 
exchange initiatives; 
‘‘(IX) infrastructure investment 
needs reports; 
‘‘(X) 
promotion 
of 
the 
tech-
nologies, products, and best practices of 
the United States; and 
‘‘(XI) establishment of partner-
ships among the United States, foreign 
agencies, and transportation experts. 
‘‘(v) FUNDING.—Of the funds author-
ized to carry out this subsection, no less 
than 50 percent shall be used to carry out 
clause (iii). 
‘‘(F) INFRASTRUCTURE INVESTMENT NEEDS 
REPORT.— 
‘‘(i) IN GENERAL.—Not later than July 
31, 2012, and July 31 of every second year 
thereafter, the Secretary shall submit to the
1484 
† HR 4348 EAS 
Committee on Transportation and Infra-
structure of the House of Representatives 
and the Committee on Environment and 
Public Works of the Senate a report that de-
scribes estimates of the future highway and 
bridge needs of the United States and the 
backlog of current highway and bridge 
needs. 
‘‘(ii) 
COMPARISONS.—Each 
report 
under clause (i) shall include all informa-
tion necessary to relate and compare the 
conditions and service measures used in the 
previous biennial reports to conditions and 
service measures used in the current report. 
‘‘(iii) INCLUSIONS.—Each report under 
clause (i) shall provide recommendations to 
Congress on changes to the Highway Per-
formance Monitoring System that address— 
‘‘(I) improvements to the quality 
and standardization of data collection 
on all functional classifications of Fed-
eral-aid highways for accurate system 
length, lane length, and vehicle-mile of 
travel; and
1485 
† HR 4348 EAS 
‘‘(II) changes to the reporting re-
quirements authorized under section 
315, to reflect recommendations under 
this paragraph for collection, storage, 
analysis, reporting, and display of 
data for Federal-aid highways and, to 
the maximum extent practical, all pub-
lic roads. 
‘‘(G) EXPLORING NEXT GENERATION SOLU-
TIONS AND CAPITALIZING ON THE HIGHWAY RE-
SEARCH CENTER.— 
‘‘(i) IN GENERAL.—The Secretary shall 
carry out research and development activi-
ties relating to exploratory advanced re-
search— 
‘‘(I) to leverage the targeted capa-
bilities of the Turner-Fairbank High-
way Research Center to develop tech-
nologies and innovations of national 
importance; and 
‘‘(II) to develop potentially trans-
formational solutions to improve the 
durability, efficiency, environmental 
impact, productivity, and safety as-
1486 
† HR 4348 EAS 
pects of highway and intermodal 
transportation systems. 
‘‘(ii) CONTENTS.—Research and tech-
nology activities carried out under this sub-
paragraph may include— 
‘‘(I) long-term, high-risk research 
to improve the materials used in high-
way infrastructure; 
‘‘(II) exploratory research to as-
sess the effects of transportation deci-
sions on human health; 
‘‘(III) advanced development of 
surrogate measures for highway safety; 
‘‘(IV) transformational research to 
affect complex environmental and high-
way system relationships; 
‘‘(V) development of economical 
and environmentally sensitive designs, 
efficient and quality-controlled con-
struction practices, and durable mate-
rials; 
‘‘(VI) development of advanced 
data acquisition techniques for system 
condition and performance monitoring;
1487 
† HR 4348 EAS 
‘‘(VII) inclusive research for hour- 
to-hour 
operational 
decisionmaking 
and simulation forecasting; 
‘‘(VIII) 
understanding 
current 
and emerging phenomena to inform 
next generation transportation policy 
decisionmaking; and 
‘‘(IX) continued improvement and 
advancement of the Turner-Fairbank 
Highway Research Center. 
‘‘(H) ALIGNING NATIONAL CHALLENGES AND 
DISSEMINATING INFORMATION.— 
‘‘(i) IN GENERAL.—The Secretary shall 
conduct research and development activi-
ties— 
‘‘(I) to establish a nationally co-
ordinated highway research agenda 
that— 
‘‘(aa) focuses on topics of na-
tional significance; 
‘‘(bb) addresses current gaps 
in research; 
‘‘(cc) encourages collabora-
tion;
1488 
† HR 4348 EAS 
‘‘(dd) 
reduces 
unnecessary 
duplication of effort; and 
‘‘(ee) accelerates innovation 
delivery; and 
‘‘(II) to provide relevant informa-
tion to researchers and highway and 
transportation practitioners to im-
prove the performance of the transpor-
tation system. 
‘‘(ii) CONTENTS.—Research and tech-
nology activities carried out under this sub-
paragraph may include— 
‘‘(I) coordination, development, 
and implementation of a national 
highway research agenda; 
‘‘(II) collaboration on national 
emphasis areas of highway research 
and coordination among international, 
Federal, State, and university research 
programs; 
‘‘(III) development and delivery of 
research reports and innovation deliv-
ery messages;
1489 
† HR 4348 EAS 
‘‘(IV) identification of market- 
ready technologies and innovations; 
and 
‘‘(V) provision of access to data 
developed under this subparagraph to 
the public, including researchers, stake-
holders, and customers, through a pub-
licly accessible Internet site. 
‘‘(c) TECHNOLOGY
AND INNOVATION DEPLOYMENT 
PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a technology and innovation deployment program 
relating to all aspects of highway transportation, in-
cluding planning, financing, operation, structures, 
materials, pavements, environment, construction, and 
the duration of time between project planning and 
project delivery, with the goals of— 
‘‘(A) significantly accelerating the adoption 
of innovative technologies by the surface trans-
portation community; 
‘‘(B) providing leadership and incentives to 
demonstrate and promote state-of-the-art tech-
nologies, elevated performance standards, and 
new business practices in highway construction 
processes that result in improved safety, faster
1490 
† HR 4348 EAS 
construction, reduced congestion from construc-
tion, and improved quality and user satisfaction; 
‘‘(C) constructing longer-lasting highways 
through the use of innovative technologies and 
practices that lead to faster construction of effi-
cient and safe highways and bridges; 
‘‘(D) improving highway efficiency, safety, 
mobility, reliability, service life, environmental 
protection, and sustainability; and 
‘‘(E) developing and deploying new tools, 
techniques, and practices to accelerate the adop-
tion of innovation in all aspects of highway 
transportation. 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
promote, facilitate, and carry out the program 
established under paragraph (1) to distribute the 
products, technologies, tools, methods, or other 
findings that result from highway research and 
development activities, including research and 
development activities carried out under this 
chapter. 
‘‘(B) ACCELERATED
INNOVATION
DEPLOY-
MENT.—In carrying out the program established 
under paragraph (1), the Secretary shall—
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‘‘(i) establish and carry out demonstra-
tion programs; 
‘‘(ii) provide incentives, technical as-
sistance, and training to researchers and 
developers; and 
‘‘(iii) develop improved tools and meth-
ods to accelerate the adoption of proven in-
novative practices and technologies as 
standard practices. 
‘‘(C) IMPLEMENTATION OF FUTURE STRA-
TEGIC HIGHWAY RESEARCH PROGRAM FINDINGS 
AND RESULTS.— 
‘‘(i) IN GENERAL.—The Secretary, in 
consultation with the American Association 
of State Highway and Transportation Offi-
cials and the Transportation Research 
Board of the National Academy of Sciences, 
shall implement the findings and rec-
ommendations developed under the future 
strategic highway research program estab-
lished under section 510. 
‘‘(ii) BASIS FOR FINDINGS.—The ac-
tivities carried out under this subparagraph 
shall be based on the report submitted to 
Congress by the Transportation Research
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† HR 4348 EAS 
Board of the National Academy of Sciences 
under section 510(e). 
‘‘(iii) 
PERSONNEL.—The 
Secretary 
may use funds made available to carry out 
this subsection for administrative costs 
under this subparagraph, which funds shall 
be used in addition to any other funds 
made available for that purpose. 
‘‘(iv) FEES.— 
‘‘(I) IN GENERAL.—The Secretary 
may impose and collect fees to recover 
costs associated with special data or 
analysis requests relating to safety nat-
uralistic driving databases developed 
under the future of strategic highway 
research program. 
‘‘(II) USE OF FEE AMOUNTS.— 
‘‘(aa) 
IN
GENERAL.—Any 
fees collected under this clause 
shall be made available to the Sec-
retary to carry out this section 
and shall remain available for ex-
penditure until expended. 
‘‘(bb) 
SUPPLEMENT, 
NOT 
SUPPLANT.—Any fee amounts col-
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† HR 4348 EAS 
lected under this clause shall sup-
plement, 
but 
not 
supplant, 
amounts made available to the 
Secretary to carry out this title. 
‘‘(3) ACCELERATED IMPLEMENTATION AND DE-
PLOYMENT OF PAVEMENT TECHNOLOGIES.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish and implement a program under the 
technology and innovation deployment program 
to promote, implement, deploy, demonstrate, 
showcase, support, and document the application 
of innovative pavement technologies, practices, 
performance, and benefits. 
‘‘(B) GOALS.—The goals of the accelerated 
implementation and deployment of pavement 
technologies program shall include— 
‘‘(i) the deployment of new, cost-effec-
tive designs, materials, recycled materials, 
and practices to extend the pavement life 
and performance and to improve user satis-
faction; 
‘‘(ii) the reduction of initial costs and 
lifecycle costs of pavements, including the 
costs of new construction, replacement, 
maintenance, and rehabilitation;
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‘‘(iii) the deployment of accelerated 
construction techniques to increase safety 
and reduce construction time and traffic 
disruption and congestion; 
‘‘(iv) the deployment of engineering de-
sign criteria and specifications for new and 
efficient practices, products, and materials 
for use in highway pavements; 
‘‘(v) the deployment of new non-
destructive and real-time pavement evalua-
tion technologies and construction tech-
niques; and 
‘‘(vi) effective technology transfer and 
information dissemination to accelerate im-
plementation of new technologies and to im-
prove life, performance, cost effectiveness, 
safety, and user satisfaction. 
‘‘(C) FUNDING.—The Secretary shall obli-
gate for each of fiscal years 2012 through 2013 
from funds made available to carry out this sub-
section— 
‘‘(i) $6,000,000 to accelerate the de-
ployment and implementation of asphalt 
pavement technology; and
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‘‘(ii) $6,000,000 to accelerate the de-
ployment and implementation of concrete 
pavement technology used in highways on 
the national highway system. 
‘‘(D) ADMINISTRATION.— 
‘‘(i) IN
GENERAL.—The implementa-
tion and deployment activities to be carried 
out under this paragraph shall be identified 
and conducted in collaboration with indus-
try, State departments of transportation, 
the Federal Highway Administration, the 
National Academy of Sciences, and other 
appropriate entities, using the respective 
road maps (the Concrete Pavement Road 
Map and National Asphalt Roadmap) as a 
guide. 
‘‘(ii) COLLABORATION.—The Federal 
Highway Administration shall collaborate 
with organizations that have a proven track 
record of effective technology deployment on 
a national scale, stakeholder involvement, 
and leveraging of public sector investment. 
‘‘(iii) ADVISORY COMMITTEE.—A pave-
ment technology implementation advisory 
committee comprised of key stakeholders, in-
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† HR 4348 EAS 
cluding the Federal Highway Administra-
tion, State departments of transportation, 
and the pavement industry, shall be estab-
lished to oversee and advise the program ef-
forts. 
‘‘(iv) REPORT.—The Secretary shall 
annually submit to the Committee on Envi-
ronment and Public Works of the Senate 
and the Committee on Transportation and 
Infrastructure of the House of Representa-
tives a report that details the progress and 
results of the activities carried out under 
this paragraph. 
‘‘(d) AIR QUALITY
AND CONGESTION MITIGATION 
MEASURE OUTCOMES ASSESSMENT RESEARCH.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator of the Environmental 
Protection Agency, shall carry out a research pro-
gram to examine the outcomes of actions funded 
under the congestion mitigation and air quality im-
provement program since the enactment of the 
SAFETEA–LU (Public Law 109–59). 
‘‘(2) GOALS.—The goals of the program shall in-
clude—
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† HR 4348 EAS 
‘‘(A) the assessment and documentation, 
through outcomes research conducted on a rep-
resentative sample of cases, of— 
‘‘(i) the emission reductions achieved 
by federally supported surface transpor-
tation actions intended to reduce emissions 
or lessen traffic congestion; and 
‘‘(ii) the air quality and human health 
impacts of those actions, including potential 
unrecognized or indirect consequences, at-
tributable to those actions; 
‘‘(B) an expanded base of empirical evi-
dence on the air quality and human health im-
pacts of actions described in paragraph (1); and 
‘‘(C) an increase in knowledge of— 
‘‘(i) the factors determining the air 
quality and human health changes associ-
ated with transportation emission reduction 
actions; and 
‘‘(ii) other information to more accu-
rately understand the validity of current es-
timation and modeling routines and ways 
to improve those routines. 
‘‘(3) ADMINISTRATIVE ELEMENTS.—To carry out 
this subsection, the Secretary shall—
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‘‘(A) make a grant for the coordination, se-
lection, management, and reporting of compo-
nent studies to an independent scientific research 
organization with the necessary experience in 
successfully conducting accountability and other 
studies on mobile source air pollutants and asso-
ciated health effects; 
‘‘(B) ensure that case studies are identified 
and conducted by teams selected through a com-
petitive solicitation overseen by an independent 
committee of unbiased experts; and 
‘‘(C) ensure that all findings and reports 
are peer-reviewed and published in a form that 
presents the findings together with reviewer com-
ments. 
‘‘(4) REPORT.—The Secretary shall submit to the 
Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives— 
‘‘(A) not later than 1 year after the date of 
enactment of the MAP–21, and for the following 
year, a report providing an initial scoping and 
plan, and status updates, respectively, for the 
program under this subsection; and
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† HR 4348 EAS 
‘‘(B) not later than 2 years after the date 
of enactment of the MAP–21, a final report that 
describes the findings of, and recommendations 
resulting from, the program under this sub-
section. 
‘‘(5) FUNDING.—Of the amounts made available 
to carry out this section, the Secretary shall make 
available to carry out this subsection not more than 
$1,000,000 for each fiscal year.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
striking the item relating to section 503 and inserting the 
following: 
‘‘503. Research and technology development and deployment.’’. 
SEC. 52004. TRAINING AND EDUCATION. 
Section 504 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (2)(A) by inserting ‘‘and 
the employees of any other applicable Federal 
agency’’ before the semicolon at the end; 
(B) in paragraph (3)(A)(ii)(V) by striking 
‘‘expediting’’ 
and 
inserting 
‘‘reducing 
the 
amount of time required for’’; 
(C) by striking paragraph (4);
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† HR 4348 EAS 
(D) 
by 
redesignating 
paragraphs 
(5) 
through (8) as paragraphs (4) through (7), re-
spectively; and 
(E) in paragraph (7) (as redesignated by 
subparagraph (D)) by striking ‘‘paragraph (7)’’ 
and inserting ‘‘paragraph (6)’’; 
(2) in subsection (b) by striking paragraph (3) 
and inserting the following: 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) LOCAL TECHNICAL ASSISTANCE CEN-
TERS.— 
‘‘(i) IN GENERAL.—Subject to subpara-
graph (B), the Federal share of the cost of 
an activity carried out by a local technical 
assistance center under paragraphs (1) and 
(2) shall be 50 percent. 
‘‘(ii) NON-FEDERAL SHARE.—The non- 
Federal share of the cost of an activity de-
scribed in clause (i) may consist of amounts 
provided to a recipient under subsection (e) 
or section 505, up to 100 percent of the non- 
Federal share. 
‘‘(B) TRIBAL TECHNICAL ASSISTANCE CEN-
TERS.—The Federal share of the cost of an activ-
ity carried out by a tribal technical assistance
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† HR 4348 EAS 
center under paragraph (2)(D)(ii) shall be 100 
percent.’’; 
(3) in subsection (c)(2)— 
(A) by striking ‘‘The Secretary’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—The Secretary’’; 
(B) in subparagraph (A) (as designated by 
subparagraph (A)) by striking ‘‘. The program’’ 
and inserting ‘‘, which program’’; and 
(C) by adding at the end the following: 
‘‘(B) USE OF AMOUNTS.—Amounts provided 
to institutions of higher education to carry out 
this paragraph shall be used to provide direct 
support of student expenses.’’; 
(4) in subsection (e)(1)— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘sections 104(b)(1), 104(b)(2), 
104(b)(3), 104(b)(4), and 144(e)’’ and inserting 
‘‘paragraphs (1) through (4) of section 104(b)’’; 
(B) in subparagraph (D) by striking ‘‘and’’ 
at the end; 
(C) in subparagraph (E) by striking the pe-
riod and inserting a semicolon; and 
(D) by adding at the end the following:
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† HR 4348 EAS 
‘‘(F) meetings of transportation profes-
sionals that include education and professional 
development activities; 
‘‘(G) activities carried out by the National 
Highway Institute under subsection (a); and 
‘‘(H) local technical assistance programs 
under subsection (b).’’; 
(5) in subsection (f) in the heading, by striking 
‘‘PILOT’’; 
(6) in subsection (g)(4)(F) by striking ‘‘excel-
lence’’ and inserting ‘‘stewardship’’; and 
(7) by adding at the end the following: 
‘‘(h) CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE.— 
‘‘(1) IN
GENERAL.—The Secretary may make 
grants under this section to establish and maintain 
centers for surface transportation excellence. 
‘‘(2) GOALS.—The goals of a center referred to in 
paragraph (1) shall be to promote and support stra-
tegic national surface transportation programs and 
activities relating to the work of State departments of 
transportation in the areas of environment, surface 
transportation safety, rural safety, and project fi-
nance.’’.
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† HR 4348 EAS 
SEC. 52005. STATE PLANNING AND RESEARCH. 
Section 505 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘section 104 (other than sections 
104(f) and 104(h)) and under section 144’’ and 
inserting ‘‘paragraphs (1) through (5) of section 
104(b)’’; and 
(B) in paragraph (3) by striking ‘‘under 
section 303’’ and inserting ‘‘, plans, and proc-
esses under sections 119, 148, 149, and 167’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘25’’ and 
inserting ‘‘24’’; and 
(B) in paragraph (2) by striking ‘‘75 per-
cent of the funds described in paragraph (1)’’ 
and inserting ‘‘70 percent of the funds described 
in subsection (a)’’; 
(3) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC HIGH-
WAY RESEARCH PROGRAM FINDINGS AND RESULTS.—
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† HR 4348 EAS 
‘‘(1) FUNDS.—Not less than 6 percent of the 
funds subject to subsection (a) that are apportioned to 
a State for a fiscal year shall be made available to 
the Secretary to carry out section 503(c)(2)(C). 
‘‘(2) TREATMENT OF FUNDS.—Funds expended 
under paragraph (1) shall not be considered to be 
part of the extramural budget of the agency for the 
purpose of section 9 of the Small Business Act (15 
U.S.C. 638).’’; and 
(5) in paragraph (e) (as so redesignated) by 
striking ‘‘section 118(b)(2)’’ and inserting ‘‘section 
118(b)’’. 
SEC. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION 
PROGRAM. 
Section 506 of title 23, United States Code, is repealed. 
SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL 
COOPERATIVE RESEARCH PROGRAM. 
Section 507 of title 23, United States Code, is repealed. 
SEC. 52008. NATIONAL COOPERATIVE FREIGHT RESEARCH. 
Section 509(d) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(6) 
COORDINATION
OF
COOPERATIVE
RE-
SEARCH.—The National Academy of Sciences shall 
coordinate research agendas, research project selec-
tions, and competitions across all transportation-re-
1505 
† HR 4348 EAS 
lated cooperative research programs carried out by the 
National Academy of Sciences to ensure program effi-
ciency, effectiveness, and the dissemination of research 
findings.’’. 
SEC. 52009. PRIZE AUTHORITY. 
(a) IN GENERAL.—Chapter 3 of title 49, United States 
Code, is amended by inserting before section 336 the fol-
lowing: 
‘‘§ 335. Prize authority 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may carry out a program, in accordance with this section, 
to competitively award cash prizes to stimulate innovation 
in basic and applied research, technology development, and 
prototype demonstration that have the potential for appli-
cation to the national transportation system. 
‘‘(b) TOPICS.—In selecting topics for prize competi-
tions under this section, the Secretary shall— 
‘‘(1) consult with a wide variety of Government 
and nongovernment representatives; and 
‘‘(2) give consideration to prize goals that dem-
onstrate innovative approaches and strategies to im-
prove the safety, efficiency, and sustainability of the 
national transportation system.
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† HR 4348 EAS 
‘‘(c) ADVERTISING.—The Secretary shall encourage 
participation in the prize competitions through extensive 
advertising. 
‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 
prize competition, the Secretary shall publish a notice on 
a public website that describes— 
‘‘(1) the subject of the competition; 
‘‘(2) the eligibility rules for participation in the 
competition; 
‘‘(3) the amount of the prize; and 
‘‘(4) the basis on which a winner will be selected. 
‘‘(e) ELIGIBILITY.—An individual or entity may not 
receive a prize under this section unless the individual or 
entity— 
‘‘(1) has registered to participate in the competi-
tion pursuant to any rules promulgated by the Sec-
retary under this section; 
‘‘(2) has complied with all the requirements 
under this section; 
‘‘(3)(A) in the case of a private entity, is incor-
porated in, and maintains a primary place of busi-
ness in, the United States; or 
‘‘(B) in the case of an individual, whether 
participating singly or in a group, is a citizen 
or permanent resident of the United States; and
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† HR 4348 EAS 
‘‘(4) is not a Federal entity or Federal employee 
acting within the scope of his or her employment. 
‘‘(f) LIABILITY.— 
‘‘(1) ASSUMPTION OF RISK.— 
‘‘(A) IN
GENERAL.—A registered partici-
pant shall agree to assume any and all risks and 
waive claims against the Federal Government 
and its related entities, except in the case of will-
ful misconduct, for any injury, death, damage, 
or loss of property, revenue, or profits, whether 
direct, indirect, or consequential, arising from 
participation in a competition, whether such in-
jury, death, damage, or loss arises through neg-
ligence or otherwise. 
‘‘(B) RELATED ENTITY.—In this paragraph, 
the term ‘related entity’ means a contractor, sub-
contractor (at any tier), supplier, user, customer, 
cooperating party, grantee, investigator, or 
detailee. 
‘‘(2) FINANCIAL
RESPONSIBILITY.—A partici-
pant shall obtain liability insurance or demonstrate 
financial responsibility, in amounts determined by 
the Secretary, for claims by— 
‘‘(A) a third party for death, bodily injury, 
or property damage, or loss resulting from an
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† HR 4348 EAS 
activity carried out in connection with partici-
pation in a competition, with the Federal Gov-
ernment named as an additional insured under 
the registered participant’s insurance policy and 
registered participants agreeing to indemnify the 
Federal Government against third party claims 
for damages arising from or related to competi-
tion activities; and 
‘‘(B) the Federal Government for damage or 
loss to Government property resulting from such 
an activity. 
‘‘(g) JUDGES.— 
‘‘(1) SELECTION.—For each prize competition, 
the Secretary, either directly or through an agreement 
under subsection (h), shall assemble a panel of quali-
fied judges to select the winner or winners of the prize 
competition on the basis described in subsection (d). 
Judges for each competition shall include individuals 
from outside the Administration, including the pri-
vate sector. 
‘‘(2) LIMITATIONS.—A judge selected under this 
subsection may not— 
‘‘(A) have personal or financial interests in, 
or be an employee, officer, director, or agent of,
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† HR 4348 EAS 
any entity that is a registered participant in a 
prize competition under this section; or 
‘‘(B) have a familial or financial relation-
ship with an individual who is a registered par-
ticipant. 
‘‘(h) ADMINISTERING THE COMPETITION.—The Sec-
retary may enter into an agreement with a private, non-
profit entity to administer the prize competition, subject to 
the provisions of this section. 
‘‘(i) FUNDING.— 
‘‘(1) PRIVATE SECTOR FUNDING.—A cash prize 
under this section may consist of funds appropriated 
by the Federal Government and funds provided by the 
private sector. The Secretary may accept funds from 
other Federal agencies, State and local governments, 
and metropolitan planning organizations for the cash 
prizes. The Secretary may not give any special con-
sideration to any private sector entity in return for 
a donation under this paragraph. 
‘‘(2) AVAILABILITY OF FUNDS.—Notwithstanding 
any other provision of law, amounts appropriated for 
prize awards under this section— 
‘‘(A) shall remain available until expended; 
and
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† HR 4348 EAS 
‘‘(B) 
may 
not 
be 
transferred, 
repro-
grammed, or expended for other purposes until 
after the expiration of the 10-year period begin-
ning on the last day of the fiscal year for which 
the funds were originally appropriated. 
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to permit the obligation or 
payment of funds in violation of the Anti-Deficiency 
Act (31 U.S.C. 1341). 
‘‘(4) PRIZE ANNOUNCEMENT.—A prize may not 
be announced under this section until all the funds 
needed to pay out the announced amount of the prize 
have been appropriated or committed in writing by 
a private source. 
‘‘(5) PRIZE INCREASES.—The Secretary may in-
crease the amount of a prize after the initial an-
nouncement of the prize under this section if— 
‘‘(A) notice of the increase is provided in 
the same manner as the initial notice of the 
prize; and 
‘‘(B) the funds needed to pay out the an-
nounced amount of the increase have been appro-
priated or committed in writing by a private 
source.
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† HR 4348 EAS 
‘‘(6) CONGRESSIONAL
NOTIFICATION.—A prize 
competition under this section may offer a prize in 
an amount greater than $1,000,000 only after 30 
days have elapsed after written notice has been trans-
mitted to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Science, Space, and Technology of the House of Rep-
resentatives. 
‘‘(7) AWARD LIMIT.—A prize competition under 
this section may not result in the award of more than 
$25,000 in cash prizes without the approval of the 
Secretary. 
‘‘(j) USE OF DEPARTMENT NAME AND INSIGNIA.—A 
registered participant in a prize competition under this sec-
tion may use the Department’s name, initials, or insignia 
only after prior review and written approval by the Sec-
retary. 
‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Federal 
Government shall not, by virtue of offering or providing a 
prize under this section, be responsible for compliance by 
registered participants in a prize competition with Federal 
law, including licensing, export control, and non-prolifera-
tion laws, and related regulations.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 3 of title 49, United States Code, is amended by
1512 
† HR 4348 EAS 
inserting before the item relating to section 336 the fol-
lowing: 
‘‘335. Prize authority’’. 
SEC. 52010. UNIVERSITY TRANSPORTATION CENTERS PRO-
GRAM. 
(a) IN GENERAL.—Section 5505 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5505. University transportation centers program 
‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT
AND
OPERATION.—The 
Secretary shall make grants under this section to eli-
gible nonprofit institutions of higher education to es-
tablish and operate university transportation centers. 
‘‘(2) ROLE OF CENTERS.—The role of each uni-
versity transportation center referred to in paragraph 
(1) shall be— 
‘‘(A) to advance transportation expertise 
and technology in the varied disciplines that 
comprise the field of transportation through edu-
cation, research, and technology transfer activi-
ties; 
‘‘(B) to provide for a critical transportation 
knowledge base outside of the Department of 
Transportation; and
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† HR 4348 EAS 
‘‘(C) to address critical workforce needs and 
educate the next generation of transportation 
leaders. 
‘‘(b) COMPETITIVE SELECTION PROCESS.— 
‘‘(1) APPLICATIONS.—To receive a grant under 
this section, a nonprofit institution of higher edu-
cation shall submit to the Secretary an application 
that is in such form and contains such information 
as the Secretary may require. 
‘‘(2) RESTRICTION.—Institutions may not apply 
for both a national transportation center and a re-
gional transportation center. 
‘‘(3) GENERAL SELECTION CRITERIA.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided by this section, the Secretary shall 
award grants under this section in nonexclusive 
candidate topic areas established by the Sec-
retary that address the research priorities identi-
fied in section 503 of title 23. 
‘‘(B) CRITERIA.—The Secretary, in con-
junction with the Administrators of the Federal 
Highway Administration and the Federal Tran-
sit Administration, shall select each recipient of 
a grant under this section through a competitive
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† HR 4348 EAS 
process based on the assessment of the Secretary 
relating to— 
‘‘(i) the demonstrated ability of the re-
cipient to address each specific topic area 
described in the research and strategic plans 
of the recipient; 
‘‘(ii) the demonstrated research, tech-
nology transfer, and education resources 
available to the recipient to carry out this 
section; 
‘‘(iii) the ability of the recipient to 
provide leadership in solving immediate 
and long-range national and regional trans-
portation problems; 
‘‘(iv) the ability of the recipient to 
carry out research, education, and tech-
nology 
transfer 
activities 
that 
are 
multimodal and multidisciplinary in scope; 
‘‘(v) the demonstrated commitment of 
the recipient to carry out transportation 
workforce development programs through— 
‘‘(I) degree-granting programs; 
‘‘(II) training seminars for prac-
ticing professionals;
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† HR 4348 EAS 
‘‘(III) outreach activities to at-
tract new entrants into the transpor-
tation field, including women, minori-
ties, and persons from disadvantaged 
communities; and 
‘‘(IV) primary and secondary 
school transportation workforce out-
reach; 
‘‘(vi) the demonstrated ability of the 
recipient to disseminate results and spur 
the implementation of transportation re-
search and education programs through na-
tional or statewide continuing education 
programs; 
‘‘(vii) the demonstrated commitment of 
the recipient to the use of peer review prin-
ciples and other research best practices in 
the selection, management, and dissemina-
tion of research projects; 
‘‘(viii) the strategic plan submitted by 
the recipient describing the proposed re-
search to be carried out by the recipient and 
the performance metrics to be used in as-
sessing the performance of the recipient in
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† HR 4348 EAS 
meeting the stated research, technology 
transfer, education, and outreach goals; and 
‘‘(ix) the ability of the recipient to im-
plement the proposed program in a cost-effi-
cient manner, such as through cost sharing 
and overall reduced overhead, facilities, and 
administrative costs. 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Transportation Research 
and Innovative Technology Act of 2012, the Secretary, 
in conjunction with the Administrators of the Federal 
Highway Administration and the Federal Transit 
Administration, shall select grant recipients under 
subsection (b) and make grant amounts available to 
the selected recipients. 
‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 
‘‘(A) IN GENERAL.—For each of fiscal years 
2012 and 2013, and subject to subparagraph 
(B), the Secretary shall provide grants to 5 re-
cipients that the Secretary determines best meet 
the criteria described in subsection (b)(3). 
‘‘(B) RESTRICTIONS.— 
‘‘(i) IN
GENERAL.—For each fiscal 
year, a grant made available under this
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† HR 4348 EAS 
paragraph shall not exceed $3,250,000 per 
recipient. 
‘‘(ii) FOCUSED RESEARCH.—The grant 
recipients under this paragraph shall focus 
research on national transportation issues, 
as determined by the Secretary. 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of 
receiving a grant under this paragraph, a 
grant recipient shall match 100 percent of 
the amounts made available under the 
grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
clude amounts made available to the recipi-
ent under— 
‘‘(I) section 504(b) or 505 of title 
23; and 
‘‘(II) 
a 
transportation-related 
grant from the National Science Foun-
dation subject to prior approval by the 
Secretary. 
‘‘(3) REGIONAL
UNIVERSITY
TRANSPORTATION 
CENTERS.—
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‘‘(A) LOCATION OF REGIONAL CENTERS.— 
One regional university transportation center 
shall be located in each of the 10 Federal regions 
that comprise the Standard Federal Regions es-
tablished by the Office of Management and 
Budget in the document entitled ‘Standard Fed-
eral Regions’ and dated April, 1974 (circular A– 
105). 
‘‘(B) SELECTION CRITERIA.—In conducting 
a competition under subsection (b), the Secretary 
shall provide grants to 10 recipients on the basis 
of— 
‘‘(i) the criteria described in subsection 
(b)(3); 
‘‘(ii) the location of the center within 
the Federal region to be served; and 
‘‘(iii) whether the institution (or, in 
the case of consortium of institutions, the 
lead institution) demonstrates that the in-
stitution has a well-established, nationally 
recognized program in transportation re-
search and education, as evidenced by— 
‘‘(I) recent expenditures by the in-
stitution in highway or public trans-
portation research;
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‘‘(II) a historical track record of 
awarding graduate degrees in profes-
sional fields closely related to highways 
and public transportation; and 
‘‘(III) an experienced faculty who 
specialize in professional fields closely 
related to highways and public trans-
portation. 
‘‘(C) RESTRICTIONS.—For each fiscal year, 
a grant made available under this paragraph 
shall not exceed $2,750,000 for each recipient. 
‘‘(D) MATCHING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—As a condition of 
receiving a grant under this paragraph, a 
grant recipient shall match 100 percent of 
the amounts made available under the 
grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in the clause (i) may 
include amounts made available to the re-
cipient under— 
‘‘(I) section 504(b) or 505 of title 
23; and 
‘‘(II) 
a 
transportation-related 
grant from the National Science Foun-
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† HR 4348 EAS 
dation subject to prior approval by the 
Secretary. 
‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CEN-
TERS.— 
‘‘(A) IN GENERAL.—For each of fiscal years 
2012 and 2013, the Secretary shall provide 
grants of not more than $1,500,000 each to not 
more than 20 recipients to carry out this section. 
‘‘(B) 
RESTRICTION.—A 
grant 
recipient 
under paragraph (2) or (3) shall not be eligible 
to receive a grant under this paragraph. 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(iii), as a condition of receiving a grant 
under this paragraph, a grant recipient 
shall match 50 percent of the amounts made 
available under the grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
clude amounts made available to the recipi-
ent under— 
‘‘(I) section 504(b) or 505 of title 
23; and 
‘‘(II) 
a 
transportation-related 
grant from the National Science Foun-
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† HR 4348 EAS 
dation subject to prior approval by the 
Secretary. 
‘‘(iii) 
EXEMPTION.—This 
subpara-
graph shall not apply on a demonstration 
of financial hardship by the applicant in-
stitution. 
‘‘(D) FOCUSED RESEARCH.— 
‘‘(i) 
IN
GENERAL.—In 
awarding 
grants under this paragraph, consideration 
shall be given to minority institutions, as 
defined by section 365 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067k), or 
consortia that include such institutions that 
have demonstrated an ability in transpor-
tation-related research. 
‘‘(ii) 
PUBLIC
TRANSPORTATION 
ISSUES.—At least 2 of the recipients award-
ed a grant under this paragraph shall have 
expertise in, and focus research on, public 
transportation issues. 
‘‘(d) PROGRAM COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) coordinate the research, education, and 
technology transfer activities carried out by 
grant recipients under this section; and
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† HR 4348 EAS 
‘‘(B) disseminate the results of that research 
through the establishment and operation of an 
information clearinghouse. 
‘‘(2) ANNUAL
REVIEW
AND
EVALUATION.—Not 
less frequently than annually, and consistent with the 
plan developed under section 508 of title 23, the Sec-
retary shall review and evaluate the programs carried 
out under this section by grant recipients. 
‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.— 
For each of fiscal years 2012 and 2013, the Secretary 
shall expend not more than 11⁄2 percent of the 
amounts made available to the Secretary to carry out 
this section for any coordination, evaluation, and 
oversight activities of the Secretary under this section 
and section 5506. 
‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 
Amounts made available to the Secretary to carry out this 
section shall remain available for obligation by the Sec-
retary for a period of 3 years after the last day of the fiscal 
year for which the amounts are appropriated. 
‘‘(f) INFORMATION COLLECTION.—Any survey, ques-
tionnaire, or interview that the Secretary determines to be 
necessary to carry out reporting requirements relating to 
any program assessment or evaluation activity under this
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† HR 4348 EAS 
section, including customer satisfaction assessments, shall 
not be subject to chapter 35 of title 44.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 55 of title 49, United States Code, is amended by 
striking the item relating to section 5505 and inserting the 
following: 
‘‘Sec. 5505. University transportation centers program.’’. 
SEC. 52011. BUREAU OF TRANSPORTATION STATISTICS. 
(a) IN GENERAL.—Subtitle III of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘CHAPTER 63—BUREAU OF 
TRANSPORTATION STATISTICS 
‘‘Sec. 
‘‘6301. Definitions. 
‘‘6302. Bureau of Transportation Statistics. 
‘‘6303. Intermodal transportation database. 
‘‘6305. Advisory council on transportation statistics. 
‘‘6306. Transportation statistical collection, analysis, and dissemination. 
‘‘6307. Furnishing of information, data, or reports by Federal agencies. 
‘‘6308. Proceeds of data product sales. 
‘‘6309. Information collection. 
‘‘6310. National transportation atlas database. 
‘‘6311. Limitations on statutory construction. 
‘‘6312. Research and development grants. 
‘‘6313. Transportation statistics annual report. 
‘‘6314. Mandatory response authority for freight data collection. 
‘‘§ 6301. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) BUREAU.—The term ‘Bureau’ means the 
Bureau of Transportation Statistics established by 
section 6302(a). 
‘‘(2) DEPARTMENT.—The term ‘Department’ 
means the Department of Transportation.
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† HR 4348 EAS 
‘‘(3) DIRECTOR.—The term ‘Director’ means the 
Director of the Bureau. 
‘‘(4) LIBRARY.—The term ‘Library’ means the 
National Transportation Library established by sec-
tion 6304(a). 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘§ 6302. Bureau of Transportation Statistics 
‘‘(a) ESTABLISHMENT.—There is established in the Re-
search and Innovative Technology Administration the Bu-
reau of Transportation Statistics. 
‘‘(b) DIRECTOR.— 
‘‘(1) APPOINTMENT.—The Bureau shall be head-
ed by a Director, who shall be appointed in the com-
petitive service by the Secretary. 
‘‘(2) QUALIFICATIONS.—The Director shall be 
appointed from among individuals who are qualified 
to serve as the Director by virtue of their training 
and experience in the collection, analysis, and use of 
transportation statistics. 
‘‘(3) DUTIES.— 
‘‘(A) IN GENERAL.—The Director shall— 
‘‘(i) serve as the senior advisor to the 
Secretary on data and statistics; and
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† HR 4348 EAS 
‘‘(ii) be responsible for carrying out the 
duties described in subparagraph (B). 
‘‘(B) DUTIES.—The Director shall— 
‘‘(i) ensure that the statistics compiled 
under clause (vi) are designed to support 
transportation decisionmaking by— 
‘‘(I) the Federal Government; 
‘‘(II) State and local governments; 
‘‘(III) metropolitan planning or-
ganizations; 
‘‘(IV) transportation-related asso-
ciations; 
‘‘(V) the private sector, including 
the freight community; and 
‘‘(VI) the public; 
‘‘(ii) establish on behalf of the Sec-
retary a program— 
‘‘(I) to effectively integrate safety 
data across modes; and 
‘‘(II) to address gaps in existing 
safety data programs of the Depart-
ment; 
‘‘(iii) work with the operating admin-
istrations of the Department—
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† HR 4348 EAS 
‘‘(I) to establish and implement 
the data programs of the Bureau; and 
‘‘(II) to improve the coordination 
of information collection efforts with 
other Federal agencies; 
‘‘(iv) continually improve surveys and 
data collection methods of the Department 
to improve the accuracy and utility of 
transportation statistics; 
‘‘(v) encourage the standardization of 
data, data collection methods, and data 
management and storage technologies for 
data collected by— 
‘‘(I) the Bureau; 
‘‘(II) the operating administra-
tions of the Department; 
‘‘(III) State and local govern-
ments; 
‘‘(IV) metropolitan planning or-
ganizations; and 
‘‘(V) private sector entities; 
‘‘(vi) collect, compile, analyze, and 
publish a comprehensive set of transpor-
tation statistics on the performance and im-
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† HR 4348 EAS 
pacts of the national transportation system, 
including statistics on— 
‘‘(I) transportation safety across 
all modes and intermodally; 
‘‘(II) the state of good repair of 
United States transportation infra-
structure; 
‘‘(III) the extent, connectivity, 
and condition of the transportation 
system, building on the national trans-
portation atlas database developed 
under section 6310; 
‘‘(IV) economic efficiency across 
the entire transportation sector; 
‘‘(V) the effects of the transpor-
tation system on global and domestic 
economic competitiveness; 
‘‘(VI) demographic, economic, and 
other variables influencing travel be-
havior, including choice of transpor-
tation mode and goods movement; 
‘‘(VII) 
transportation-related 
variables that influence the domestic 
economy and global competitiveness;
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† HR 4348 EAS 
‘‘(VIII) economic costs and im-
pacts for passenger travel and freight 
movement; 
‘‘(IX) intermodal and multimodal 
passenger movement; 
‘‘(X) intermodal and multimodal 
freight movement; and 
‘‘(XI) consequences of transpor-
tation for the human and natural en-
vironment; 
‘‘(vii) build and disseminate the trans-
portation layer of the National Spatial 
Data Infrastructure developed under Execu-
tive Order 12906 (59 Fed. Reg. 17671) (or 
a successor Executive Order), including by 
coordinating the development of transpor-
tation geospatial data standards, compiling 
intermodal geospatial data, and collecting 
geospatial data that is not being collected 
by other entities; 
‘‘(viii) issue guidelines for the collec-
tion of information by the Department that 
the Director determines necessary to develop 
transportation statistics and carry out 
modeling, economic assessment, and pro-
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† HR 4348 EAS 
gram assessment activities to ensure that 
such information is accurate, reliable, rel-
evant, uniform, and in a form that permits 
systematic analysis by the Department; 
‘‘(ix) review and report to the Sec-
retary on the sources and reliability of— 
‘‘(I) the statistics proposed by the 
heads of the operating administrations 
of the Department to measure outputs 
and outcomes as required by the Gov-
ernment Performance and Results Act 
of 1993 (Public Law 103–62;107 Stat. 
285); and 
‘‘(II) at the request of the Sec-
retary, any other data collected or sta-
tistical information published by the 
heads of the operating administrations 
of the Department; and 
‘‘(x) ensure that the statistics published 
under this section are readily accessible to 
the public, consistent with applicable secu-
rity constraints and confidentiality inter-
ests. 
‘‘(c) ACCESS TO FEDERAL DATA.—In carrying out 
subsection (b)(3)(B)(ii), the Director shall be given access
1530 
† HR 4348 EAS 
to all safety data that the Director determines necessary to 
carry out that subsection that is held by the Department 
or any other Federal agency upon written request and sub-
ject to any statutory or regulatory restrictions. 
‘‘§ 6303. Intermodal transportation database 
‘‘(a) IN GENERAL.—In consultation with the Under 
Secretary Transportation for Policy, the Assistant Secre-
taries of the Department, and the heads of the operating 
administrations of the Department, the Director shall estab-
lish and maintain a transportation database for all modes 
of transportation. 
‘‘(b) USE.—The database established under this section 
shall be suitable for analyses carried out by the Federal 
Government, the States, and metropolitan planning organi-
zations. 
‘‘(c) CONTENTS.—The database established under this 
section shall include— 
‘‘(1) information on the volumes and patterns of 
movement of goods, including local, interregional, and 
international movement, by all modes of transpor-
tation, intermodal combinations, and relevant classi-
fication; 
‘‘(2) information on the volumes and patterns of 
movement of people, including local, interregional, 
and international movements, by all modes of trans-
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† HR 4348 EAS 
portation (including bicycle and pedestrian modes), 
intermodal combinations, and relevant classification; 
‘‘(3) 
information 
on 
the 
location 
and 
connectivity of transportation facilities and services; 
and 
‘‘(4) a national accounting of expenditures and 
capital stocks on each mode of transportation and 
intermodal combination. 
‘‘§ 6304. National transportation library 
‘‘(a) PURPOSE AND ESTABLISHMENT.—To support the 
information management and decisionmaking needs of 
transportation officials at the Federal, State, and local lev-
els, there is established in the Bureau a National Transpor-
tation Library which shall— 
‘‘(1) be headed by an individual who is highly 
qualified in library and information science; 
‘‘(2) acquire, preserve, and manage transpor-
tation information and information products and 
services for use by the Department, other Federal 
agencies, and the general public; 
‘‘(3) provide reference and research assistance; 
‘‘(4) serve as a central depository for research re-
sults and technical publications of the Department;
1532 
† HR 4348 EAS 
‘‘(5) provide a central clearinghouse for trans-
portation data and information of the Federal Gov-
ernment; 
‘‘(6) serve as coordinator and policy lead for 
transportation information access; 
‘‘(7) provide transportation information and in-
formation products and services to— 
‘‘(A) the Department; 
‘‘(B) other Federal agencies; 
‘‘(C) public and private organizations; and 
‘‘(D) individuals, within the United States 
and internationally; 
‘‘(8) coordinate efforts among, and cooperate 
with, transportation libraries, information providers, 
and technical assistance centers, in conjunction with 
private industry and other transportation library 
and information centers, with the goal of developing 
a comprehensive transportation information and 
knowledge network that supports the activities de-
scribed in section 6302(b)(3)(B)(vi); and 
‘‘(9) engage in such other activities as the Direc-
tor determines to be necessary and as the resources of 
the Library permit. 
‘‘(b) ACCESS.—The Director shall publicize, facilitate, 
and promote access to the information products and services
1533 
† HR 4348 EAS 
described in subsection (a), to improve the ability of the 
transportation community to share information and the 
ability of the Director to make statistics and other informa-
tion 
readily 
accessible 
as 
required 
under 
section 
6302(b)(3)(B)(x). 
‘‘(c) AGREEMENTS.— 
‘‘(1) IN GENERAL.—To carry out this section, the 
Director may enter into agreements with, award 
grants to, and receive amounts from, any— 
‘‘(A) State or local government; 
‘‘(B) organization; 
‘‘(C) business; or 
‘‘(D) individual. 
‘‘(2) CONTRACTS, GRANTS, AND AGREEMENTS.— 
The Library may initiate and support specific infor-
mation and data management, access, and exchange 
activities in connection with matters relating to the 
Department’s strategic goals, knowledge networking, 
and national and international cooperation, by enter-
ing into contracts or other agreements or awarding 
grants for the conduct of such activities. 
‘‘(3) AMOUNTS.—Any amounts received by the 
Library as payment for library products and services 
or other activities shall be made available to the Di-
rector to carry out this section, deposited in the Re-
1534 
† HR 4348 EAS 
search and Innovative Technology Administration’s 
general fund account, and remain available until ex-
pended. 
‘‘§ 6305. Advisory council on transportation statistics 
‘‘(a) IN GENERAL.—The Director shall establish and 
consult with an advisory council on transportation statis-
tics. 
‘‘(b) FUNCTION.—The advisory council established 
under this section shall advise the Director on— 
‘‘(1) the quality, reliability, consistency, objec-
tivity, and relevance of transportation statistics and 
analyses collected, supported, or disseminated by the 
Bureau and the Department; and 
‘‘(2) methods to encourage cooperation and inter-
operability of transportation data collected by the Bu-
reau, the operating administrations of the Depart-
ment, States, local governments, metropolitan plan-
ning organizations, and private sector entities. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The advisory council shall be 
composed of not fewer than 9 and not more than 11 
members appointed by the Director. 
‘‘(2) SELECTION.—In selecting members for the 
advisory council, the Director shall appoint individ-
uals who—
1535 
† HR 4348 EAS 
‘‘(A) are not officers or employees of the 
United States; 
‘‘(B) possess expertise in— 
‘‘(i) transportation data collection, 
analysis, or application; 
‘‘(ii) economics; or 
‘‘(iii) transportation safety; and 
‘‘(C) represent a cross section of transpor-
tation stakeholders, to the greatest extent pos-
sible. 
‘‘(d) TERMS OF APPOINTMENT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), members of the advisory council shall be 
appointed to staggered terms not to exceed 3 years. 
‘‘(2) ADDITIONAL TERMS.—A member may be re-
nominated for 1 additional 3-year term. 
‘‘(3) CURRENT MEMBERS.—A member serving on 
an advisory council on transportation statistics on 
the day before the date of enactment of the Transpor-
tation Research and Innovative Technology Act of 
2012 shall serve until the end of the appointed term 
of the member. 
‘‘(e) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the advisory council established
1536 
† HR 4348 EAS 
under this section, except that section 14 of that Act shall 
not apply. 
‘‘§ 6306. Transportation statistical collection, anal-
ysis, and dissemination 
‘‘To ensure that all transportation statistical collec-
tion, analysis, and dissemination is carried out in a coordi-
nated manner, the Director may— 
‘‘(1) use the services, equipment, records, per-
sonnel, information, and facilities of other Federal 
agencies, or State, local, and private agencies and in-
strumentalities, subject to the conditions that the ap-
plicable agency or instrumentality consents to that 
use and with or without reimbursement for such use; 
‘‘(2) enter into agreements with the agencies and 
instrumentalities described in paragraph (1) for pur-
poses of data collection and analysis; 
‘‘(3) confer and cooperate with foreign govern-
ments, international organizations, and State, munic-
ipal, and other local agencies; 
‘‘(4) request such information, data, and reports 
from any Federal agency as the Director determines 
necessary to carry out this chapter; 
‘‘(5) encourage replication, coordination, and 
sharing of information among transportation agencies
1537 
† HR 4348 EAS 
regarding information systems, information policy, 
and data; and 
‘‘(6) confer and cooperate with Federal statistical 
agencies as the Director determines necessary to carry 
out this chapter, including by entering into coopera-
tive data sharing agreements in conformity with all 
laws and regulations applicable to the disclosure and 
use of data. 
‘‘§ 6307. Furnishing of information, data, or reports by 
Federal agencies 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), a Federal agency requested to furnish information, 
data, or reports by the Director under section 6302(b)(3)(B) 
shall provide the information to the Director. 
‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— 
‘‘(1) IN GENERAL.—An officer, employee, or con-
tractor of the Bureau may not— 
‘‘(A) make any disclosure in which the data 
provided by an individual or organization under 
section 6302(b)(3)(B) can be identified; 
‘‘(B) use the information provided under 
section 6302(b)(3)(B) for a nonstatistical pur-
pose; or 
‘‘(C) permit anyone other than an indi-
vidual authorized by the Director to examine
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† HR 4348 EAS 
any individual report provided under section 
6302(b)(3)(B). 
‘‘(2) COPIES OF REPORTS.— 
‘‘(A) IN GENERAL.—No department, bureau, 
agency, officer, or employee of the United States 
(except the Director in carrying out this chapter) 
may require, for any reason, a copy of any re-
port 
that 
has 
been 
filed 
under 
section 
6302(b)(3)(B) with the Bureau or retained by an 
individual respondent. 
‘‘(B) 
LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in sub-
paragraph (A) that has been retained by an in-
dividual respondent or filed with the Bureau or 
any of the employees, contractors, or agents of 
the Bureau— 
‘‘(i) shall be immune from legal proc-
ess; and 
‘‘(ii) shall not, without the consent of 
the individual concerned, be admitted as 
evidence or used for any purpose in any ac-
tion, suit, or other judicial or administra-
tive proceedings. 
‘‘(C) APPLICABILITY.—This paragraph shall 
apply only to reports that permit information
1539 
† HR 4348 EAS 
concerning an individual or organization to be 
reasonably determined by direct or indirect 
means. 
‘‘(3) INFORMING
RESPONDENT
OF
USE
OF 
DATA.—If the Bureau is authorized by statute to col-
lect data or information for a nonstatistical purpose, 
the Director shall clearly distinguish the collection of 
the data or information, by rule and on the collection 
instrument, in a manner that informs the respondent 
who is requested or required to supply the data or in-
formation of the nonstatistical purpose. 
‘‘(c) TRANSPORTATION
AND
TRANSPORTATION-RE-
LATED DATA ACCESS.—The Director shall be provided ac-
cess to any transportation and transportation-related infor-
mation in the possession of any Federal agency, except— 
‘‘(1) information that is expressly prohibited by 
law from being disclosed to another Federal agency; 
or 
‘‘(2) information that the agency possessing the 
information determines could not be disclosed without 
significantly impairing the discharge of authorities 
and responsibilities which have been delegated to, or 
vested by law, in such agency.
1540 
† HR 4348 EAS 
‘‘§ 6308. Proceeds of data product sales 
‘‘Notwithstanding section 3302 of title 31, amounts re-
ceived by the Bureau from the sale of data products for nec-
essary expenses incurred may be credited to the Highway 
Trust Fund (other than the Mass Transit Account) for the 
purpose of reimbursing the Bureau for those expenses. 
‘‘§ 6309. Information collection 
‘‘As the head of an independent Federal statistical 
agency, the Director may consult directly with the Office 
of Management and Budget concerning any survey, ques-
tionnaire, or interview that the Director considers necessary 
to carry out the statistical responsibilities of this chapter. 
‘‘§ 6310. National transportation atlas database 
‘‘(a) IN GENERAL.—The Director shall develop and 
maintain a national transportation atlas database that is 
comprised of geospatial databases that depict— 
‘‘(1) transportation networks; 
‘‘(2) flows of people, goods, vehicles, and craft 
over the transportation networks; and 
‘‘(3) social, economic, and environmental condi-
tions that affect or are affected by the transportation 
networks. 
‘‘(b) INTERMODAL NETWORK ANALYSIS.—The data-
bases referred to in subsection (a) shall be capable of sup-
porting intermodal network analysis.
1553 
† HR 4348 EAS 
‘‘(vi) other technologies to improve sys-
tem operations, including ITS applications 
necessary for multimodal systems integra-
tion and for achieving performance goals; 
‘‘(B) quantifiable system performance im-
provements, including— 
‘‘(i) reductions in traffic-related crash-
es, congestion, and costs; 
‘‘(ii) optimization of system efficiency; 
and 
‘‘(iii) improvement of access to trans-
portation services; 
‘‘(C) quantifiable safety, mobility, and envi-
ronmental benefit projections, including data 
driven estimates of the manner in which the 
project will improve the transportation system 
efficiency and reduce traffic congestion in the re-
gion; 
‘‘(D) a plan for partnering with the private 
sector, including telecommunications industries 
and public service utilities, public agencies (in-
cluding multimodal and multijurisdictional enti-
ties), research institutions, organizations rep-
resenting transportation and technology leaders, 
and other transportation stakeholders;