1161 
‘‘(6) MEDICAL
REVIEW
OFFICER.—The term 
‘medical review officer’ means a licensed physician 
who is responsible for— 
‘‘(A) receiving and reviewing a laboratory 
result generated under the testing program; 
‘‘(B) evaluating a medical explanation for 
a controlled substances test under title 49, 
Code of Federal Regulations; and 
‘‘(C) interpreting the results of a con-
trolled substances test. 
‘‘(7) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(8) SERVICE
AGENT.—The term ‘service 
agent’ means a person or entity, other than an em-
ployee of the employer, who provides services to em-
ployers or employees under the testing program. 
‘‘(9) TESTING
PROGRAM.—The term ‘testing 
program’ means the alcohol and controlled sub-
stances testing program required under title 49, 
Code of Federal Regulations.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 313 is amended by inserting after the item relat-
ing to section 31306 the following: 
‘‘31306a. National clearinghouse for positive controlled substance and alcohol 
test results of commercial motor vehicle operators.’’. 
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SEC. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS. 
Chapter 313 is amended— 
(1) by redesignating section 31306(f) as 
31306(f)(1); and 
(2) by inserting after section 31306(f)(1) the 
following: 
‘‘(2) ADDITIONAL SANCTIONS.—The Secretary 
may require a State to revoke, suspend, or cancel 
the commercial driver’s license of a commercial 
motor vehicle operator who is found, based on a test 
conducted and confirmed under this section, to have 
used alcohol or a controlled substance in violation of 
law until the commercial motor vehicle operator 
completes the rehabilitation process under subsection 
(e).’’; and 
(3) by amending section 31310(d) to read as 
follows: 
‘‘(d) CONTROLLED SUBSTANCE VIOLATIONS.—The 
Secretary may permanently disqualify an individual from 
operating a commercial vehicle if the individual— 
‘‘(1) uses a commercial motor vehicle in the 
commission of a felony involving manufacturing, dis-
tributing, or dispensing a controlled substance, or 
possession with intent to manufacture, distribute, or 
dispense a controlled substance; or 
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‘‘(2) uses alcohol or a controlled substance, in 
violation of section 31306, 3 or more times.’’. 
SEC. 32404. AUTHORIZATION OF APPROPRIATIONS. 
From the funds authorized to be appropriated under 
section 31104(h) of title 49, United States Code, up to 
$5,000,000 is authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Ac-
count) for the Secretary of Transportation to develop, de-
sign, and implement the national clearinghouse required 
by section 32402 of this Act. 
Subtitle E—Enforcement 
SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CRE-
DENTIALS. 
(a) SAFETY INVESTIGATIONS.—Section 504(c) is 
amended— 
(1) by inserting ‘‘, or an employee of the recipi-
ent of a grant issued under section 31102 of this 
title’’ after ‘‘a contractor’’; and 
(2) by inserting ‘‘, in person or in writing’’ 
after ‘‘proper credentials’’. 
(b) 
CIVIL
PENALTY.—Section 
521(b)(2)(E) 
is 
amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (E)(i); and 
(2) by adding at the end the following: 
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‘‘(ii) PLACE OUT OF SERVICE.—The 
Secretary may by regulation adopt proce-
dures for placing out of service the com-
mercial motor vehicle of a foreign-domi-
ciled motor carrier that fails to promptly 
allow the Secretary to inspect and copy a 
record or inspect equipment, land, build-
ings, or other property.’’. 
(c) HAZARDOUS MATERIALS INVESTIGATIONS.—Sec-
tion 5121(c)(2) is amended by inserting ‘‘, in person or 
in writing,’’ after ‘‘proper credentials’’. 
(d) 
COMMERCIAL
INVESTIGATIONS.—Section 
14122(b) is amended by inserting ‘‘, in person or in writ-
ing’’ after ‘‘proper credentials’’. 
SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF AC-
CESS TO RECORDS. 
Section 521(b)(2)(E) is amended— 
(1) by inserting after ‘‘$10,000.’’ the following: 
‘‘In the case of a motor carrier, the Secretary may 
also place the violator’s motor carrier operations out 
of service.’’; and 
(2) by striking ‘‘such penalty’’ after ‘‘It shall be 
a defense to’’ and inserting ‘‘a penalty’’. 
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SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION 
OUT OF SERVICE ORDERS. 
Section 521(b)(2) is amended by adding at the end 
the following: 
‘‘(F) PENALTY FOR VIOLATIONS RELATING 
TO OUT OF SERVICE ORDERS.—A motor carrier 
or employer (as defined in section 31132) that 
operates a commercial motor vehicle in com-
merce in violation of a prohibition on transpor-
tation under section 31144(c) of this title or an 
imminent hazard out of service order issued 
under subsection (b)(5) of this section or sec-
tion 5121(d) of this title shall be liable for a 
civil penalty not to exceed $25,000.’’. 
SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR 
UNFIT CARRIERS. 
(a) IN GENERAL.—Section 31144(c)(1) is amended 
by inserting ‘‘, and such period shall be for not less than 
10 days’’ after ‘‘operator is fit’’. 
(b) OWNERS OR OPERATORS TRANSPORTING PAS-
SENGERS.—Section 31144(c)(2) is amended by inserting 
‘‘, and such period shall be for not less than 10 days’’ 
after ‘‘operator is fit’’. 
(c) OWNERS OR OPERATORS TRANSPORTING HAZ-
ARDOUS MATERIAL.—Section 31144(c)(3) is amended by 
inserting before the period at the end of the first sentence 
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the following: ‘‘, and such period shall be for not less than 
10 days’’. 
SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES. 
Section 521(b)(7) is amended by adding at the end 
the following: 
‘‘The penalties may include a minimum duration for 
any out of service period, not to exceed 90 days.’’. 
SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COM-
MERCIAL MOTOR VEHICLES FOR IMMINENT 
HAZARD. 
Section 521(b) is amended by adding at the end the 
following: 
‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR 
VEHICLES.— 
‘‘(A) ENFORCEMENT OF IMMINENT HAZ-
ARD OUT-OF-SERVICE ORDERS.— 
‘‘(i) The Secretary, or an authorized 
State official carrying out motor carrier 
safety enforcement activities under section 
31102, may enforce an imminent hazard 
out-of-service order issued under chapters 
5, 51, 131 through 149, 311, 313, or 315 
of this title, or a regulation promulgated 
thereunder, by towing and impounding a 
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commercial motor vehicle until the order is 
rescinded. 
‘‘(ii) Enforcement shall not unreason-
ably interfere with the ability of a shipper, 
carrier, broker, or other party to arrange 
for the alternative transportation of any 
cargo or passenger being transported at 
the time the commercial motor vehicle is 
immobilized. In the case of a commercial 
motor vehicle transporting passengers, the 
Secretary or authorized State official shall 
provide reasonable, temporary, and secure 
shelter and accommodations for passengers 
in transit. 
‘‘(iii) The Secretary’s designee or an 
authorized State official carrying out 
motor carrier safety enforcement activities 
under section 31102, shall immediately no-
tify the owner of a commercial motor vehi-
cle of the impoundment and the oppor-
tunity for review of the impoundment. A 
review shall be provided in accordance with 
section 554 of title 5, except that the re-
view shall occur not later than 10 days 
after the impoundment. 
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‘‘(B) ISSUANCE
OF
REGULATIONS.—The 
Secretary shall promulgate regulations on the 
use of impoundment or immobilization of com-
mercial motor vehicles as a means of enforcing 
additional out-of-service orders issued under 
chapters 5, 51, 131 through 149, 311, 313, or 
315 of this title, or a regulation promulgated 
thereunder. Regulations promulgated under this 
subparagraph shall include consideration of 
public safety, the protection of passengers and 
cargo, inconvenience to passengers, and the se-
curity of the commercial motor vehicle. 
‘‘(C) DEFINITION.—In this paragraph, the 
term ‘impoundment’ or ’impounding’ means the 
seizing and taking into custody of a commercial 
motor vehicle or the immobilizing of a commer-
cial motor vehicle through the attachment of a 
locking device or other mechanical or electronic 
means.’’. 
SEC. 32507. INCREASED PENALTIES FOR EVASION OF REGU-
LATIONS. 
(a) PENALTIES.—Section 524 is amended— 
(1) by striking ‘‘knowingly and willfully’’; 
(2) by inserting after ‘‘this chapter’’ the fol-
lowing: ‘‘, chapter 51, subchapter III of chapter 311 
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(except sections 31138 and 31139) or section 
31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 
31502 of this title, or a regulation issued under any 
of those provisions,’’; 
(3) by striking ‘‘$200 but not more than $500’’ 
and inserting ‘‘$2,000 but not more than $5,000’’; 
and 
(4) by striking ‘‘$250 but not more than 
$2,000’’ and inserting ‘‘$2,500 but not more than 
$7,500’’. 
(b) EVASION OF REGULATION.—Section 14906 is 
amended— 
(1) by striking ‘‘$200’’ and inserting ‘‘at least 
$2,000’’; 
(2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; 
and 
(3) by inserting after ‘‘a subsequent violation’’ 
the following: 
‘‘, and may be subject to criminal penalties’’. 
SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A DIS-
QUALIFYING OFFENSE. 
(a) IN GENERAL.—Chapter 311 is amended by in-
serting after section 31151 the following: 
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‘‘§ 31152. Disqualification for failure to pay 
‘‘An individual assessed a civil penalty under this 
chapter, or chapters 5, 51, or 149 of this title, or a regula-
tion issued under any of those provisions, who fails to pay 
the penalty or fails to comply with the terms of a settle-
ment with the Secretary, shall be disqualified from oper-
ating a commercial motor vehicle after the individual is 
notified in writing and is given an opportunity to respond. 
A disqualification shall continue until the penalty is paid, 
or the individual complies with the terms of the settle-
ment, unless the nonpayment is because the individual is 
a debtor in a case under chapter 11 of title 11, United 
States Code.’’. 
(b) TECHNICAL AMENDMENTS.—Section 31310, as 
amended by sections 32206 and 32310 of this Act, is 
amended— 
(1) by redesignating subsections (h) through (k) 
as subsections (i) through (l), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.— 
The Secretary shall disqualify from operating a commer-
cial motor vehicle any individual who fails to pay a civil 
penalty within the prescribed period, or fails to conform 
to the terms of a settlement with the Secretary. A disquali-
fication shall continue until the penalty is paid, or the in-
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dividual conforms to the terms of the settlement, unless 
the nonpayment is because the individual is a debtor in 
a case under chapter 11 of title 11, United States Code.’’; 
and 
(3) in subsection (i), as redesignated, by strik-
ing ‘‘Notwithstanding subsections (b) through (g)’’ 
and inserting ‘‘Notwithstanding subsections (b) 
through (h)’’. 
(c) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31151 the following: 
‘‘31152. Disqualification for failure to pay.’’. 
SEC. 
32509. 
VIOLATIONS 
RELATING 
TO 
COMMERCIAL 
MOTOR VEHICLE SAFETY REGULATION AND 
OPERATORS. 
Section 521(b)(2)(D) is amended by striking ‘‘ability 
to pay,’’. 
SEC. 32510. EMERGENCY DISQUALIFICATION FOR IMMI-
NENT HAZARD. 
Section 31310(f) is amended— 
(1) in paragraph (1) by inserting ‘‘section 521 
or’’ before ‘‘section 5102’’; and 
(2) in paragraph (2) by inserting ‘‘section 521 
or’’ before ‘‘section 5102’’. 
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SEC. 32511. INTRASTATE OPERATIONS OF INTERSTATE 
MOTOR CARRIERS. 
(a) 
PROHIBITED
TRANSPORTATION.—Section 
521(b)(5) is amended by inserting after subparagraph (B) 
the following: 
‘‘(C) If an employee, vehicle, or all or part 
of an employer’s commercial motor vehicle oper-
ations is ordered out of service under paragraph 
(5)(A), the commercial motor vehicle operations 
of the employee, vehicle, or employer that affect 
interstate commerce are also prohibited.’’. 
(b) PROHIBITION
ON OPERATION
IN INTERSTATE 
COMMERCE AFTER NONPAYMENT OF PENALTIES.—Sec-
tion 521(b)(8) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) ADDITIONAL
PROHIBITION.—A per-
son prohibited from operating in interstate com-
merce under paragraph (8)(A) may not operate 
any commercial motor vehicle where the oper-
ation affects interstate commerce.’’. 
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SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND REGULA-
TIONS. 
(a) ENFORCEMENT OF SAFETY LAWS AND REGULA-
TIONS.—Chapter 311, as amended by sections 32113 and 
32508 of this Act, is amended by adding after section 
31153 the following: 
‘‘§ 31154. Enforcement of safety laws and regulations 
‘‘(a) IN GENERAL.—The Secretary may bring a civil 
action to enforce this part, or a regulation or order of the 
Secretary under this part, when violated by an employer, 
employee, or other person providing transportation or 
service under this subchapter or subchapter I. 
‘‘(b) VENUE.—In a civil action under subsection 
(a)— 
‘‘(1) trial shall be in the judicial district in 
which the employer, employee, or other person oper-
ates; 
‘‘(2) process may be served without regard to 
the territorial limits of the district or of the State 
in which the action is instituted; and 
‘‘(3) a person participating with a carrier or 
broker in a violation may be joined in the civil action 
without regard to the residence of the person.’’. 
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(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31153 the following: 
‘‘31154. Enforcement of safety laws and regulations.’’. 
SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW EN-
FORCEMENT AGENCIES. 
Section 31106(e) is amended— 
(1) by redesignating subsection (e) as sub-
section (e)(1); and 
(2) by inserting at the end the following: 
‘‘(2) IN GENERAL.—Notwithstanding any prohi-
bition on disclosure of information in section 
31105(h) or 31143(b) of this title or section 552a 
of title 5, the Secretary may disclose information 
maintained by the Secretary pursuant to chapters 
51, 135, 311, or 313 of this title to appropriate per-
sonnel of a State agency or instrumentality author-
ized to carry out State commercial motor vehicle 
safety activities and commercial driver’s license laws, 
or appropriate personnel of a local law enforcement 
agency, in accordance with standards, conditions, 
and procedures as determined by the Secretary. Dis-
closure under this section shall not operate as a 
waiver by the Secretary of any applicable privilege 
against disclosure under common law or as a basis 
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for compelling disclosure under section 552 of title 
5.’’. 
SEC. 32514. GRADE CROSSING SAFETY REGULATIONS. 
Section 112(2) of the Hazardous Materials Transpor-
tation Authorization Act of 1994 (Public Law 103–311) 
is amended by striking ‘‘315 of such title (relating to 
motor carrier safety)’’ and inserting ‘‘311 of such title (re-
lating to commercial motor vehicle safety)’’. 
Subtitle F—Compliance, Safety, 
Accountability 
SEC. 32601. COMPLIANCE, SAFETY, ACCOUNTABILITY. 
(a) IN GENERAL.—Section 31102 is amended— 
(1) by amending the section heading to read: 
‘‘§ 31102. 
Compliance, 
safety, 
and 
accountability 
grants’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) GENERAL AUTHORITY.—Subject to this section, 
the Secretary of Transportation shall make and admin-
ister a compliance, safety, and accountability grant pro-
gram to assist States, local governments, and other enti-
ties and persons with motor carrier safety and enforce-
ment on highways and other public roads, new entrant 
safety audits, border enforcement, hazardous materials 
safety and security, consumer protection and household 
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goods enforcement, and other programs and activities re-
quired to improve the safety of motor carriers as deter-
mined by the Secretary. The Secretary shall allocate fund-
ing in accordance with section 31104 of this title.’’; 
(3) in subsection (b)— 
(A) by amending the heading to read as 
follows: 
‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PRO-
GRAM.—’’; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (3) as (2) through (4), respectively; 
(C) by inserting before paragraph (2), as 
redesignated, the following: 
‘‘(1) PROGRAM GOAL.—The goal of the Motor 
Carrier Safety Assistance Program is to ensure that 
the Secretary, States, local government agencies, 
and other political jurisdictions work in partnership 
to establish programs to improve motor carrier, com-
mercial motor vehicle, and driver safety to support 
a safe and efficient surface transportation system 
by— 
‘‘(A) making targeted investments to pro-
mote safe commercial motor vehicle transpor-
tation, including transportation of passengers 
and hazardous materials; 
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‘‘(B) investing in activities likely to gen-
erate maximum reductions in the number and 
severity of commercial motor vehicle crashes 
and fatalities resulting from such crashes; 
‘‘(C) adopting and enforcing effective 
motor carrier, commercial motor vehicle, and 
driver safety regulations and practices con-
sistent with Federal requirements; and 
‘‘(D) assessing and improving statewide 
performance by setting program goals and 
meeting performance standards, measures, and 
benchmarks.’’; 
(D) in paragraph (2), as redesignated— 
(i) by striking ‘‘make a declaration 
of’’ in subparagraph (I) and inserting 
‘‘demonstrate’’; 
(ii) by amending subparagraph (M) to 
read as follows: 
‘‘(M) ensures participation in appropriate 
Federal Motor Carrier Safety Administration 
systems and other information systems by all 
appropriate jurisdictions receiving Motor Car-
rier Safety Assistance Program funding;’’; 
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(iii) in subparagraph (Q), by inserting 
‘‘and dedicated sufficient resources to’’ be-
tween ‘‘established’’ and ‘‘a program’’; 
(iv) in subparagraph (W), by striking 
‘‘and’’ after the semicolon; 
(v) by amending subparagraph (X) to 
read as follows: 
‘‘(X) except in the case of an imminent or 
obvious safety hazard, ensures that an inspec-
tion of a vehicle transporting passengers for a 
motor carrier of passengers is conducted at a 
station, terminal, border crossing, maintenance 
facility, destination, weigh station, rest stop, 
turnpike service area, or a location where ade-
quate food, shelter, and sanitation facilities are 
available for passengers, and reasonable accom-
modation is available for passengers with dis-
abilities; and’’; and 
(vi) by adding after subparagraph (X) 
the following: 
‘‘(Y) ensures that the State will transmit 
to its roadside inspectors the notice of each 
Federal exemption granted pursuant to section 
31315(b) and provided to the State by the Sec-
retary, including the name of the person grant-
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ed the exemption and any terms and conditions 
that apply to the exemption.’’; and 
(E) by amending paragraph (4), as redes-
ignated, to read as follows: 
‘‘(4) MAINTENANCE OF EFFORT.— 
‘‘(A) IN GENERAL.—A plan submitted by a 
State under paragraph (2) shall provide that 
the total expenditure of amounts of the lead 
State agency responsible for implementing the 
plan will be maintained at a level at least equal 
to the average level of that expenditure for fis-
cal years 2004 and 2005. 
‘‘(B) AVERAGE LEVEL OF STATE EXPENDI-
TURES.—In estimating the average level of 
State expenditure under subparagraph (A), the 
Secretary— 
‘‘(i) may allow the State to exclude 
State expenditures for Government-spon-
sored demonstration or pilot programs; 
and 
‘‘(ii) shall require the State to exclude 
State matching amounts used to receive 
Government financing under this sub-
section. 
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‘‘(C) WAIVER.—Upon the request of a 
State, the Secretary may waive or modify the 
requirements of this paragraph for 1 fiscal 
year, if the Secretary determines that a waiver 
is equitable due to exceptional or uncontrollable 
circumstances, such as a natural disaster or a 
serious decline in the financial resources of the 
State motor carrier safety assistance program 
agency.’’; 
(4) by redesignating subsection (e) as sub-
section (h); and 
(5) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) NEW
ENTRANT
SAFETY
ASSURANCE
PRO-
GRAM.— 
‘‘(1) PROGRAM
GOAL.—The Secretary may 
make grants to States and local governments for 
pre-authorization safety audits and new entrant 
motor carrier audits as described in section 
31144(g). 
‘‘(2) RECIPIENTS.—Grants made in support of 
this program may be provided to States and local 
governments. 
‘‘(3) FEDERAL SHARE.—The Federal share of a 
grant made under this program is 100 percent. 
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‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activities 
will be in accordance with criteria developed by the 
Secretary and posted in the Federal Register in ad-
vance of the grant application period. 
‘‘(5) DETERMINATION.—If the Secretary deter-
mines that a State or local government is unable to 
conduct a new entrant motor carrier audit, the Sec-
retary may use the funds to conduct the audit. 
‘‘(f) BORDER ENFORCEMENT.— 
‘‘(1) PROGRAM GOAL.—The Secretary of Trans-
portation may make a grant for carrying out border 
commercial motor vehicle safety programs and re-
lated enforcement activities and projects. 
‘‘(2) RECIPIENTS.—The Secretary of Transpor-
tation may make a grant to an entity, State, or 
other person for carrying out border commercial 
motor vehicle safety programs and related enforce-
ment activities and projects. 
‘‘(3) FEDERAL SHARE.—The Secretary shall re-
imburse a grantee at least 100 percent of the costs 
incurred in a fiscal year for carrying out border 
commercial motor vehicle safety programs and re-
lated enforcement activities and projects. 
‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 
will be in accordance with criteria developed by the 
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Secretary and posted in the Federal Register in ad-
vance of the grant application period. 
‘‘(g) HIGH PRIORITY INITIATIVES.— 
‘‘(1) PROGRAM
GOAL.—The Secretary may 
make grants to carry out high priority activities and 
projects that improve commercial motor vehicle safe-
ty and compliance with commercial motor vehicle 
safety regulations, including activities and projects 
that— 
‘‘(A) are national in scope; 
‘‘(B) increase public awareness and edu-
cation; 
‘‘(C) target unsafe driving of commercial 
motor vehicles and non-commercial motor vehi-
cles in areas identified as high risk crash cor-
ridors; 
‘‘(D) improve consumer protection and en-
forcement of household goods regulations; 
‘‘(E) improve the movement of hazardous 
materials safely and securely, including activi-
ties related to the establishment of uniform 
forms and application procedures that improve 
the accuracy, timeliness, and completeness of 
commercial motor vehicle safety data reported 
to the Secretary; or 
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‘‘(F) demonstrate new technologies to im-
prove commercial motor vehicle safety. 
‘‘(2) RECIPIENTS.—The Secretary may allocate 
amounts to award grants to State agencies, local 
governments, and other persons for carrying out 
high priority activities and projects that improve 
commercial motor vehicle safety and compliance with 
commercial motor vehicle safety regulations in ac-
cordance with the program goals specified in para-
graph (1). 
‘‘(3) FEDERAL SHARE.—The Secretary shall re-
imburse a grantee at least 80 percent of the costs 
incurred in a fiscal year for carrying out the high 
priority activities or projects. 
‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 
will be in accordance with criteria that is— 
‘‘(A) developed by the Secretary; and 
‘‘(B) posted in the Federal Register in ad-
vance of the grant application period.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by striking the item relating to 
section 31102 and inserting the following: 
‘‘31102. Compliance, safety, and accountability grants.’’. 
SEC. 32602. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEMS MANAGEMENT PROGRAM. 
Section 31106(b) is amended— 
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(1) by amending paragraph (3)(C) to read as 
follows— 
‘‘(C) establish and implement a process— 
‘‘(i) to cancel the motor vehicle reg-
istration and seize the registration plates 
of a vehicle when an employer is found lia-
ble under section 31310(j)(2)(C) for know-
ingly allowing or requiring an employee to 
operate such a commercial motor vehicle in 
violation of an out-of-service order; and 
‘‘(ii) to reinstate the vehicle registra-
tion or return the registration plates of the 
commercial motor vehicle, subject to sanc-
tions under clause (i), if the Secretary per-
mits such carrier to resume operations 
after the date of issuance of such order.’’; 
and 
(2) by striking paragraph (4). 
SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED. 
Section 31101(1) is amended to read as follows: 
‘‘(1) ‘commercial motor vehicle’ means (except 
under section 31106) a self-propelled or towed vehi-
cle used on the highways in commerce to transport 
passengers or property, if the vehicle— 
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‘‘(A) has a gross vehicle weight rating or 
gross vehicle weight of at least 10,001 pounds, 
whichever is greater; 
‘‘(B) is designed or used to transport more 
than 8 passengers, including the driver, for 
compensation; 
‘‘(C) is designed or used to transport more 
than 15 passengers, including the driver, and is 
not used to transport passengers for compensa-
tion; or 
‘‘(D) is used in transporting material 
found by the Secretary of Transportation to be 
hazardous under section 5103 and transported 
in a quantity requiring placarding under regula-
tions prescribed by the Secretary under section 
5103.’’. 
SEC. 32604. DRIVER SAFETY FITNESS RATINGS. 
Section 31144, as amended by section 32204 of this 
Act, is amended by adding at the end the following: 
‘‘(i) COMMERCIAL MOTOR VEHICLE DRIVERS.—The 
Secretary may maintain by regulation a procedure for de-
termining the safety fitness of a commercial motor vehicle 
driver and for prohibiting the driver from operating in 
interstate commerce. The procedure and prohibition shall 
include the following: 
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‘‘(1) Specific initial and continuing require-
ments that a driver must comply with to dem-
onstrate safety fitness. 
‘‘(2) The methodology and continually updated 
safety performance data that the Secretary will use 
to determine whether a driver is fit, including in-
spection results, serious traffic offenses, and crash 
involvement data. 
‘‘(3) Specific time frames within which the Sec-
retary will determine whether a driver is fit. 
‘‘(4) A prohibition period or periods, not to ex-
ceed 1 year, that a driver that the Secretary deter-
mines is not fit will be prohibited from operating a 
commercial motor vehicle in interstate commerce. 
The period or periods shall begin on the 46th day 
after the date of the fitness determination and con-
tinue until the Secretary determines the driver is fit 
or until the prohibition period expires. 
‘‘(5) A review by the Secretary, not later than 
30 days after an unfit driver requests a review, of 
the driver’s compliance with the requirements the 
driver failed to comply with and that resulted in the 
Secretary determining that the driver was not fit. 
The burden of proof shall be on the driver to dem-
onstrate fitness. 
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‘‘(6) The eligibility criteria for reinstatement, 
including the remedial measures the unfit driver 
must take for reinstatement.’’. 
SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COM-
MERCIAL MOTOR VEHICLE INSPECTIONS. 
(a) IN GENERAL.—Chapter 311 is amended by add-
ing after section 31109 the following: 
‘‘§ 31110. Withholding amounts for State noncompli-
ance 
‘‘(a) FIRST FISCAL YEAR.—Subject to criteria estab-
lished by the Secretary of Transportation, the Secretary 
may withhold up to 50 percent of the amount a State is 
otherwise eligible to receive under section 31102(b) on the 
first day of the fiscal year after the first fiscal year fol-
lowing the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2012 in which the 
State uses for at least 180 days an electronic commercial 
motor vehicle inspection selection system that does not 
employ a selection methodology approved by the Secretary. 
‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 
withhold up to 75 percent of the amount a State is other-
wise eligible to receive under section 31102(b) on the first 
day of the fiscal year after the second fiscal year following 
the date of enactment of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012 in which the State uses 
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for at least 180 days an electronic commercial motor vehi-
cle inspection selection system that does not employ a se-
lection methodology approved by the Secretary. 
‘‘(c) SUBSEQUENT AVAILABILITY
OF WITHHELD 
FUNDS.—The Secretary may make the amounts withheld 
under subsection (a) or subsection (b) available to the 
State if the Secretary determines that the State has sub-
stantially complied with the requirement described under 
subsection (a) or subsection (b) not later than 180 days 
after the beginning of the fiscal year in which amounts 
were withheld.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31109 the following: 
‘‘31110. Withholding amounts for State noncompliance.’’. 
SEC. 32606. AUTHORIZATION OF APPROPRIATIONS. 
Section 31104 is amended to read as follows: 
‘‘§ 31104. Availability of amounts 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated from Highway Trust Fund (other than the 
Mass Transit Account) for Federal Motor Carrier Safety 
Administration programs the following: 
‘‘(1) COMPLIANCE, SAFETY, AND
ACCOUNT-
ABILITY GRANTS UNDER SECTION 31102.— 
‘‘(A) $249,717,000 for fiscal year 2012, 
provided that the Secretary shall set aside not 
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less than $168,388,000 to carry out the motor 
carrier safety assistance program under section 
31102(b); and 
‘‘(B) $253,814,000 for fiscal year 2013, 
provided that the Secretary shall set aside not 
less than $171,813,000 to carry out the motor 
carrier safety assistance program under section 
31102(b). 
‘‘(2) DATA AND TECHNOLOGY GRANTS UNDER 
SECTION 31109.— 
‘‘(A) $30,000,000 for fiscal year 2012; and 
‘‘(B) $30,000,000 for fiscal year 2013. 
‘‘(3) DRIVER SAFETY GRANTS UNDER SECTION 
31313.— 
‘‘(A) $31,000,000 for fiscal year 2012; and 
‘‘(B) $31,000,000 for fiscal year 2013. 
‘‘(4) CRITERIA.—The Secretary shall develop 
criteria to allocate the remaining funds under para-
graphs (1), (2), and (3) for fiscal year 2013 and for 
each fiscal year thereafter not later than April 1 of 
the prior fiscal year. 
‘‘(b) 
AVAILABILITY
AND
REALLOCATION
OF 
AMOUNTS.— 
‘‘(1) ALLOCATIONS
AND
REALLOCATIONS.— 
Amounts made available under subsection (a)(1) re-
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main available until expended. Allocations to a State 
remain available for expenditure in the State for the 
fiscal year in which they are allocated and for the 
next fiscal year. Amounts not expended by a State 
during those 2 fiscal years are released to the Sec-
retary for reallocation. 
‘‘(2) REDISTRIBUTION OF AMOUNTS.—The Sec-
retary may, after August 1 of each fiscal year, upon 
a determination that a State does not qualify for 
funding under section 31102(b) or that the State 
will not expend all of its existing funding, reallocate 
the State’s funding. In revising the allocation and 
redistributing the amounts, the Secretary shall give 
preference to those States that require additional 
funding to meet program goals under section 
31102(b). 
‘‘(3) PERIOD OF AVAILABILITY FOR DATA AND 
TECHNOLOGY
GRANTS.—Amounts made available 
under subsection (a)(2) remain available for obliga-
tion for the fiscal year and the next 2 years in which 
they are appropriated. Allocations remain available 
for expenditure in the State for 5 fiscal years after 
they were obligated. Amounts not expended by a 
State during those 3 fiscal years are released to the 
Secretary for reallocation. 
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‘‘(4) PERIOD
OF
AVAILABILITY
FOR
DRIVER 
SAFETY
GRANTS.—Amounts made available under 
subsection (a)(3) of this section remain available for 
obligation for the fiscal year and the next fiscal year 
in which they are appropriated. Allocations to a 
State remain available for expenditure in the State 
for the fiscal year in which they are allocated and 
for the following 2 fiscal years. Amounts not ex-
pended by a State during those 3 fiscal years are re-
leased to the Secretary for reallocation. 
‘‘(5) REALLOCATION.—The Secretary, upon a 
request by a State, may reallocate grant funds pre-
viously awarded to the State under a grant program 
authorized by section 31102, 31109, or 31313 to an-
other grant program authorized by those sections 
upon a showing by the State that it is unable to ex-
pend the funds within the 12 months prior to their 
expiration provided that the State agrees to expend 
the funds within the remaining period of expendi-
ture. 
‘‘(c) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap-
proval by the Secretary of a grant under sections 31102, 
31109, and 31313 is a contractual obligation of the Gov-
ernment for payment of the Government’s share of costs 
incurred in developing and implementing programs to im-
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prove commercial motor vehicle safety and enforce com-
mercial driver’s license regulations, standards, and orders. 
‘‘(d) 
DEDUCTION
FOR
ADMINISTRATIVE
EX-
PENSES.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year or as soon after that as practicable, the Sec-
retary may deduct, from amounts made available 
under— 
‘‘(A) subsection (a)(1) for that fiscal year, 
not more than 1.5 percent of those amounts for 
administrative expenses incurred in carrying 
out section 31102 in that fiscal year; 
‘‘(B) subsection (a)(2) for that fiscal year, 
not more than 1.4 percent of those amounts for 
administrative expenses incurred in carrying 
out section 31109 in that fiscal year; and 
‘‘(C) subsection (a)(3) for that fiscal year, 
not more than 1.4 percent of those amounts for 
administrative expenses incurred in carrying 
out section 31313 in that fiscal year. 
‘‘(2) TRAINING.—The Secretary may use at 
least 50 percent of the amounts deducted from the 
amounts made available under sections (a)(1) and 
(a)(3) to train non-Government employees and to de-
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velop related training materials to carry out sections 
31102, 31311, and 31313 of this title. 
‘‘(3) CONTRACTS.—The Secretary may use 
amounts deducted under paragraph (1) to enter into 
contracts and cooperative agreements with States, 
local governments, associations, institutions, cor-
porations, and other persons, if the Secretary deter-
mines the contracts and cooperative agreements are 
cost-effective, benefit multiple jurisdictions of the 
United States, and enhance safety programs and re-
lated enforcement activities. 
‘‘(e) ALLOCATION CRITERIA AND ELIGIBILITY.— 
‘‘(1) On October 1 of each fiscal year or as 
soon as practicable after that date after making the 
deduction under subsection (d)(1)(A), the Secretary 
shall allocate amounts made available to carry out 
section 31102(b) for such fiscal year among the 
States with plans approved under that section. Allo-
cation shall be made under the criteria prescribed by 
the Secretary. 
‘‘(2) On October 1 of each fiscal year or as 
soon as practicable after that date and after making 
the 
deduction 
under 
subsection 
(d)(1)(B) 
or 
(d)(1)(C), the Secretary shall allocate amounts made 
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available to carry out sections 31109(a) and 
31313(b)(1). 
‘‘(f) INTRASTATE COMPATIBILITY.—The Secretary 
shall prescribe regulations specifying tolerance guidelines 
and standards for ensuring compatibility of intrastate 
commercial motor vehicle safety laws and regulations with 
Government motor carrier safety regulations to be en-
forced under section 31102(b). To the extent practicable, 
the guidelines and standards shall allow for maximum 
flexibility while ensuring a degree of uniformity that will 
not diminish transportation safety. In reviewing State 
plans and allocating amounts or making grants under sec-
tion 153 of title 23, United States Code, the Secretary 
shall ensure that the guidelines and standards are applied 
uniformly. 
‘‘(g) WITHHOLDING AMOUNTS
FOR STATE NON-
COMPLIANCE.— 
‘‘(1) IN GENERAL.—Subject to criteria estab-
lished by the Secretary, the Secretary may withhold 
up to 100 percent of the amounts a State is other-
wise eligible to receive under section 31102(b) on 
October 1 of each fiscal year beginning after the 
date of enactment of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012 and continuing for 
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the period that the State does not comply substan-
tially with a requirement under section 31109(b). 
‘‘(2) SUBSEQUENT AVAILABILITY OF WITHHELD 
FUNDS.—The Secretary may make the amounts 
withheld in accordance with paragraph (1) available 
to a State if the Secretary determines that the State 
has substantially complied with a requirement under 
section 31109(b) not later than 180 days after the 
beginning of the fiscal year in which the amounts 
are withheld. 
‘‘(h) ADMINISTRATIVE EXPENSES.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary to pay administrative ex-
penses of the Federal Motor Carrier Safety Adminis-
tration— 
‘‘(A) $250,819,000 for fiscal year 2012; 
and 
‘‘(B) $248,523,000 for fiscal year 2013. 
‘‘(2) USE OF FUNDS.—The funds authorized by 
this subsection shall be used for personnel costs, ad-
ministrative infrastructure, rent, information tech-
nology, programs for research and technology, infor-
mation management, regulatory development, the 
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administration of the performance and registration 
information system management, outreach and edu-
cation, other operating expenses, and such other ex-
penses as may from time to time be necessary to im-
plement statutory mandates of the Administration 
not funded from other sources. 
‘‘(i) AVAILABILITY OF FUNDS.— 
‘‘(1) PERIOD OF AVAILABILITY.—The amounts 
made available under this section shall remain avail-
able until expended. 
‘‘(2) INITIAL DATE OF AVAILABILITY.—Author-
izations from the Highway Trust Fund (other than 
the Mass Transit Account) for this section shall be 
available for obligation on the date of their appor-
tionment or allocation or on October 1 of the fiscal 
year for which they are authorized, whichever occurs 
first.’’ 
‘‘(j) PAYMENT TO RECIPIENTS OF FINANCIAL AS-
SISTANCE FOR COSTS.—Each grantee shall submit vouch-
ers to the Secretary for costs the grantee has incurred 
under sections 31102, 31109, and 31313. The Secretary 
shall pay the grantee an amount equal to not more than 
the Government share of costs incurred as of the date on 
which the vouchers are submitted.’’. 
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SEC. 32607. HIGH RISK CARRIER REVIEWS. 
(a) 
HIGH
RISK
CARRIER
REVIEWS.—Section 
31104(h), as amended by section 32606 of this Act, is 
amended by adding at the end of paragraph (2) the fol-
lowing: 
‘‘From the funds authorized by this subsection, the 
Secretary shall ensure that a review is completed on each 
motor carrier that demonstrates through performance 
data that it poses the highest safety risk. At a minimum, 
a review shall be conducted whenever a motor carrier is 
among the highest risk carriers for 2 consecutive 
months.’’. 
(b) CONFORMING AMENDMENT.—Section 4138 of the 
Safe, Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 
repealed. 
SEC. 32608. DATA AND TECHNOLOGY GRANTS. 
(a) IN GENERAL.—Section 31109 is amended to read 
as follows: 
‘‘§ 31109. Data and technology grants 
‘‘(a) GENERAL
AUTHORITY.—The Secretary of 
Transportation shall establish and administer a data and 
technology grant program to assist the States with the im-
plementation and maintenance of data systems. The Sec-
retary shall allocate the funds in accordance with section 
31104. 
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‘‘(b) PERFORMANCE GOALS.—The Secretary may 
make a grant to a State to implement the performance 
and registration information system management require-
ments of section 31106(b) to develop, implement, and 
maintain commercial vehicle information systems and net-
works, and other innovative technologies that the Sec-
retary determines improve commercial motor vehicle safe-
ty. 
‘‘(c) ELIGIBILITY.—To be eligible for a grant to im-
plement the requirements of section 31106(b), the State 
shall design a program that— 
‘‘(1) links Federal motor carrier safety informa-
tion systems with the State’s motor carrier informa-
tion systems; 
‘‘(2) determines the safety fitness of a motor 
carrier or registrant when licensing or registering 
the registrant or motor carrier or while the license 
or registration is in effect; and 
‘‘(3) denies, suspends, or revokes the commer-
cial motor vehicle registrations of a motor carrier or 
registrant that was issued an operations out-of-serv-
ice order by the Secretary. 
‘‘(d) REQUIRED
PARTICIPATION.—The Secretary 
shall require States that participate in the program under 
section 31106 to— 
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‘‘(1) comply with the uniform policies, proce-
dures, and technical and operational standards pre-
scribed by the Secretary under section 31106(b); 
‘‘(2) possess or seek the authority to possess for 
a time period not longer than determined reasonable 
by the Secretary, to impose sanctions relating to 
commercial motor vehicle registration on the basis of 
a Federal safety fitness determination; and 
‘‘(3) establish and implement a process to can-
cel the motor vehicle registration and seize the reg-
istration plates of a vehicle when an employer is 
found liable under section 31310(j)(2)(C) for know-
ingly allowing or requiring an employee to operate 
such a commercial motor vehicle in violation of an 
out of service order. 
‘‘(e) FEDERAL SHARE.—The total Federal share of 
the cost of a project payable from all eligible Federal 
sources shall be at least 80 percent.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by striking the item relating to 
section 31109 and inserting the following: 
‘‘31109. Data and technology grants.’’. 
SEC. 32609. DRIVER SAFETY GRANTS. 
(a) DRIVER FOCUSED GRANT PROGRAM.—Section 
31313 is amended to read as follows: 
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‘‘§ 31313. Driver safety grants 
‘‘(a) GENERAL AUTHORITY.—The Secretary shall 
make and administer a driver focused grant program to 
assist the States, local governments, entities, and other 
persons with commercial driver’s license systems, pro-
grams, training, fraud detection, reporting of violations 
and other programs required to improve the safety of driv-
ers as the Federal Motor Carrier Safety Administration 
deems critical. The Secretary shall allocate the funds for 
the program in accordance with section 31104. 
‘‘(b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM-
PROVEMENT GRANTS.— 
‘‘(1) PROGRAM GOAL.—The Secretary of Trans-
portation may make a grant to a State in a fiscal 
year— 
‘‘(A) to comply with the requirements of 
section 31311; 
‘‘(B) in the case of a State that is making 
a good faith effort toward substantial compli-
ance with the requirements of this section and 
section 31311, to improve its implementation of 
its commercial driver’s license program; 
‘‘(C) for research, development demonstra-
tion projects, public education, and other spe-
cial activities and projects relating to commer-
cial driver licensing and motor vehicle safety 
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that are of benefit to all jurisdictions of the 
United States or are designed to address na-
tional safety concerns and circumstances; 
‘‘(D) for commercial driver’s license pro-
gram coordinators; 
‘‘(E) to implement or maintain a system to 
notify an employer of an operator of a commer-
cial motor vehicle of the suspension or revoca-
tion of the operator’s commercial driver’s li-
cense consistent with the standards developed 
under section 32304(b) of the Commercial 
Motor Vehicle Safety Enhancement Act of 
2012; or 
‘‘(F) to train operators of commercial 
motor vehicles, as defined under section 31301, 
and to train operators and future operators in 
the safe use of such vehicles. Funding priority 
for this discretionary grant program shall be to 
regional or multi-state educational or nonprofit 
associations serving economically distressed re-
gions of the United States. 
‘‘(2) PRIORITY.—The Secretary shall give pri-
ority, in making grants under paragraph (1)(B), to 
a State that will use the grants to achieve compli-
ance with the requirements of the Motor Carrier 
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Safety Improvement Act of 1999 (113 Stat. 1748), 
including the amendments made by the Commercial 
Motor Vehicle Safety Enhancement Act of 2012. 
‘‘(3) RECIPIENTS.—The Secretary may allocate 
grants to State agencies, local governments, and 
other persons for carrying out activities and projects 
that improve commercial driver’s license safety and 
compliance with commercial driver’s license and 
commercial motor vehicle safety regulations in ac-
cordance with the program goals under paragraph 
(1) and that train operators on commercial motor 
vehicles. The Secretary may make a grant to a State 
to comply with section 31311 for commercial driver’s 
license program coordinators and for notification 
systems. 
‘‘(4) FEDERAL SHARE.—The Federal share of a 
grant made under this program shall be at least 80 
percent, except that the Federal share of grants for 
commercial driver license program coordinators and 
training commercial motor vehicle operators shall be 
100 percent.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 313 is amended by striking the item relating to 
section 31313 and inserting the following: 
‘‘31313. Driver safety grants.’’. 
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SEC. 32610. COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS. 
Not later than 6 months after the date of enactment 
of this Act, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives that in-
cludes— 
(1) established time frames and milestones for 
resuming the Commercial Vehicle Information Sys-
tems and Networks Program; and 
(2) a strategic workforce plan for its grants 
management office to ensure that it has determined 
the skills and competencies that are critical to 
achieving its mission goals. 
Subtitle G—Motorcoach Enhanced 
Safety Act of 2012 
SEC. 32701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Motorcoach En-
hanced Safety Act of 2012’’. 
SEC. 32702. DEFINITIONS. 
In this subtitle: 
(1) ADVANCED GLAZING.—The term ‘‘advanced 
glazing’’ means glazing installed in a portal on the 
side or the roof of a motorcoach that is designed to 
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be highly resistant to partial or complete occupant 
ejection in all types of motor vehicle crashes. 
(2) BUS.—The term ‘‘bus’’ has the meaning 
given the term in section 571.3(b) of title 49, Code 
of Federal Regulations (as in effect on the day be-
fore the date of enactment of this Act). 
(3) COMMERCIAL MOTOR VEHICLE.—Except as 
otherwise specified, the term ‘‘commercial motor ve-
hicle’’ has the meaning given the term in section 
31132(1) of title 49, United States Code. 
(4) DIRECT TIRE PRESSURE MONITORING SYS-
TEM.—The term ‘‘direct tire pressure monitoring 
system’’ means a tire pressure monitoring system 
that is capable of directly detecting when the air 
pressure level in any tire is significantly under-in-
flated and providing the driver a low tire pressure 
warning as to which specific tire is significantly 
under-inflated. 
(5) ELECTRONIC
ON-BOARD
RECORDER.—The 
term ‘‘electronic on-board recorder’’ means an elec-
tronic device that acquires and stores data showing 
the record of duty status of the vehicle operator and 
performs the functions required of an automatic on- 
board recording device in section 395.15(b) of title 
49, Code of Federal Regulations. 
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(6) EVENT DATA RECORDER.—The term ‘‘event 
data recorder’’ has the meaning given that term in 
section 563.5 of title 49, Code of Federal Regula-
tions. 
(7) MOTOR CARRIER.—The term ‘‘motor car-
rier’’ means— 
(A) a motor carrier (as defined in section 
13102(14) of title 49, United States Code); or 
(B) a motor private carrier (as defined in 
section 13102(15) of that title). 
(8) MOTORCOACH.—The term ‘‘motorcoach’’ 
has the meaning given the term ‘‘over-the-road bus’’ 
in section 3038(a)(3) of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5310 note), but 
does not include— 
(A) a bus used in public transportation 
provided by, or on behalf of, a public transpor-
tation agency; or 
(B) a school bus, including a multifunction 
school activity bus. 
(9) MOTORCOACH SERVICES.—The term ‘‘mo-
torcoach services’’ means passenger transportation 
by motorcoach for compensation. 
(10) MULTIFUNCTION SCHOOL ACTIVITY BUS.— 
The term ‘‘multifunction school activity bus’’ has the 
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meaning given the term in section 571.3(b) of title 
49, Code of Federal Regulations (as in effect on the 
day before the date of enactment of this Act). 
(11) PORTAL.—The term ‘‘portal’’ means any 
opening on the front, side, rear, or roof of a motor-
coach that could, in the event of a crash involving 
the motorcoach, permit the partial or complete ejec-
tion of any occupant from the motorcoach, including 
a young child. 
(12) PROVIDER OF MOTORCOACH SERVICES.— 
The term ‘‘provider of motorcoach services’’ means 
a motor carrier that provides passenger transpor-
tation services with a motorcoach, including per-trip 
compensation and contracted or chartered com-
pensation. 
(13) PUBLIC
TRANSPORTATION.—The term 
‘‘public transportation’’ has the meaning given the 
term in section 5302 of title 49, United States Code. 
(14) SAFETY BELT.—The term ‘‘safety belt’’ 
has the meaning given the term in section 
153(i)(4)(B) of title 23, United States Code. 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Transportation. 
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SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PRO-
TECTION, 
PASSENGER 
EVACUATION, 
AND 
CRASH AVOIDANCE. 
(a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not 
later than 1 year after the date of enactment of this Act, 
the Secretary shall prescribe regulations requiring safety 
belts to be installed in motorcoaches at each designated 
seating position. 
(b) REGULATIONS REQUIRED WITHIN 2 YEARS.— 
Not later than 2 years after the date of enactment of this 
Act, the Secretary shall prescribe the following commercial 
motor vehicle regulations: 
(1) ROOF
STRENGTH
AND
CRUSH
RESIST-
ANCE.—The Secretary shall establish improved roof 
and roof support standards for motorcoaches that 
substantially improve the resistance of motorcoach 
roofs to deformation and intrusion to prevent serious 
occupant 
injury 
in 
rollover 
crashes 
involving 
motorcoaches. 
(2) 
ANTI-EJECTION
SAFETY
COUNTER-
MEASURES.—The Secretary shall require advanced 
glazing to be installed in each motorcoach portal and 
shall consider other portal improvements to prevent 
partial and complete ejection of motorcoach pas-
sengers, including children. In prescribing such 
standards, the Secretary shall consider the impact of 
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such standards on the use of motorcoach portals as 
a means of emergency egress. 
(3) ROLLOVER CRASH AVOIDANCE.—The Sec-
retary shall require motorcoaches to be equipped 
with stability enhancing technology, such as elec-
tronic stability control and torque vectoring, to re-
duce the number and frequency of rollover crashes 
among motorcoaches. 
(c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE 
MONITORING SYSTEMS.—Not later than 3 years after the 
date of enactment of this Act, the Secretary shall prescribe 
the following commercial vehicle regulation: 
(1) IN GENERAL.—The Secretary shall require 
motorcoaches to be equipped with direct tire pres-
sure monitoring systems that warn the operator of 
a commercial motor vehicle when any tire exhibits a 
level of air pressure that is below a specified level of 
air pressure established by the Secretary. 
(2) PERFORMANCE REQUIREMENTS.—The regu-
lation prescribed by the Secretary under this sub-
section shall include performance requirements to 
ensure that direct tire pressure monitoring systems 
are capable of— 
(A) providing a warning to the driver when 
1 or more tires are underinflated; 
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(B) activating in a specified time period 
after the underinflation is detected; and 
(C) operating at different vehicle speeds. 
(d) APPLICATION OF REGULATIONS.— 
(1) NEW MOTORCOACHES.—Any regulation pre-
scribed in accordance with subsection (a), (b), or (c) 
shall apply to all motorcoaches manufactured more 
than 2 years after the date on which the regulation 
is published as a final rule. 
(2) RETROFIT REQUIREMENTS FOR EXISTING 
MOTORCOACHES.— 
(A) IN GENERAL.—The Secretary may, by 
regulation, provide for the application of any re-
quirement established under subsection (a) or 
(b)(2) to motorcoaches manufactured before the 
date on which the requirement applies to new 
motorcoaches under paragraph (1) based on an 
assessment of the feasibility, benefits, and costs 
of retrofitting the older motorcoaches. 
(B) ASSESSMENT.—The Secretary shall 
complete an assessment with respect to safety 
belt retrofits not later than 1 year after the 
date of enactment of this Act and with respect 
to anti-ejection countermeasure retrofits not 
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later than 2 years after the date of enactment 
of this Act. 
(e) FAILURE TO MEET DEADLINE.—If the Secretary 
determines that a final rule cannot be issued before the 
deadline established under this section, the Secretary 
shall— 
(1) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the 
House of Representatives that explains why the 
deadline cannot be met; and 
(2) establish a new deadline for the issuance of 
the final rule. 
SEC. 32704. STANDARDS FOR IMPROVED FIRE SAFETY. 
(a) EVALUATIONS.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall ini-
tiate the following rulemaking proceedings: 
(1) FLAMMABILITY STANDARD FOR EXTERIOR 
COMPONENTS.—The Secretary shall establish re-
quirements for fire hardening or fire resistance of 
motorcoach exterior components to prevent fire and 
smoke inhalation injuries to occupants. 
(2) SMOKE SUPPRESSION.—The Secretary shall 
update Federal Motor Vehicle Safety Standard 
Number 302 (49 C.F.R. 571.302; relating to flam-
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mability of interior materials) to improve the resist-
ance of motorcoach interiors and components to 
burning and permit sufficient time for the safe evac-
uation of passengers from motorcoaches. 
(3) PREVENTION
OF, AND
RESISTANCE
TO, 
WHEEL WELL FIRES.—The Secretary shall establish 
requirements— 
(A) to prevent and mitigate the propaga-
tion of wheel well fires into the passenger com-
partment; and 
(B) 
to 
substantially 
reduce 
occupant 
deaths and injuries from such fires. 
(4) AUTOMATIC FIRE SUPPRESSION.—The Sec-
retary shall establish requirements for motorcoaches 
to be equipped with highly effective fire suppression 
systems that automatically respond to and suppress 
all fires in such motorcoaches. 
(5) PASSENGER
EVACUATION.—The Secretary 
shall establish requirements for motorcoaches to be 
equipped with— 
(A) improved emergency exit window, door, 
roof hatch, and wheelchair lift door designs to 
expedite access and use by passengers of 
motorcoaches 
under 
all 
emergency 
cir-
cumstances, including crashes and fires; and 
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(B) emergency interior lighting systems, 
including luminescent or retroreflectorized de-
lineation of evacuation paths and exits, which 
are triggered by a crash or other emergency in-
cident to accomplish more rapid and effective 
evacuation of passengers. 
(6) CAUSATION AND PREVENTION OF MOTOR-
COACH
FIRES.—The Secretary shall examine the 
principle causes of motorcoach fires and vehicle de-
sign changes intended to reduce the number of mo-
torcoach fires resulting from those principle causes. 
(b) DEADLINE.—Not later than 42 months after the 
date of enactment of this Act, the Secretary shall— 
(1) issue final rules in accordance with sub-
section (a); or 
(2) if the Secretary determines that any stand-
ard is not warranted based on the requirements and 
considerations set forth in subsection (a) and (b) of 
section 30111 of title 49, United States Code, sub-
mit a report that describes the reasons for not pre-
scribing such a standard to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
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(c) TIRE PERFORMANCE STANDARD.—Not later than 
3 years after the date of enactment of this Act, the Sec-
retary shall— 
(1) issue a final rule upgrading performance 
standards for tires used on motorcoaches, including 
an enhanced endurance test and a new high-speed 
performance test; or 
(2) if the Secretary determines that a standard 
is not warranted based on the requirements and con-
siderations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code, sub-
mit a report that describes the reasons for not pre-
scribing such a standard to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOID-
ANCE, FIRE CAUSATION, AND FIRE EXTIN-
GUISHER RESEARCH AND TESTING. 
(a) SAFETY RESEARCH INITIATIVES.—Not later than 
2 years after the date of enactment of this Act, the Sec-
retary shall complete the following research and testing: 
(1) IMPROVED
FIRE
EXTINGUISHERS.—The 
Secretary shall research and test the need to install 
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improved fire extinguishers or other readily available 
firefighting equipment in motorcoaches to effectively 
extinguish fires in motorcoaches and prevent pas-
senger deaths and injuries. 
(2) INTERIOR IMPACT PROTECTION.—The Sec-
retary shall research and test enhanced occupant im-
pact protection standards for motorcoach interiors to 
reduce substantially serious injuries for all pas-
sengers of motorcoaches. 
(3) COMPARTMENTALIZATION
SAFETY
COUN-
TERMEASURES.—The Secretary shall require en-
hanced 
compartmentalization 
safety 
counter-
measures for motorcoaches, including enhanced seat-
ing designs, to substantially reduce the risk of pas-
sengers being thrown from their seats and colliding 
with other passengers, interior surfaces, and compo-
nents in the event of a crash involving a motorcoach. 
(4) COLLISION AVOIDANCE SYSTEMS.—The Sec-
retary shall research and test forward and lateral 
crash 
warning 
systems 
applications 
for 
motorcoaches. 
(b) RULEMAKING.—Not later than 2 years after the 
completion of each research and testing initiative required 
under subsection (a), the Secretary shall issue final motor 
vehicle safety standards if the Secretary determines that 
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such standards are warranted based on the requirements 
and considerations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code. 
SEC. 32706. MOTORCOACH REGISTRATION. 
(a) 
REGISTRATION
REQUIREMENTS.—Section 
13902(b) is amended— 
(1) by redesignating paragraphs (1) through 
(8) as paragraphs (4) through (11), respectively; 
and 
(2) by inserting before paragraph (4), as redes-
ignated, the following: 
‘‘(1) ADDITIONAL
REGISTRATION
REQUIRE-
MENTS
FOR
PROVIDERS
OR
MOTORCOACH
SERV-
ICES.—In addition to meeting the requirements 
under subsection (a)(1), the Secretary may not reg-
ister a person to provide motorcoach services until 
after the person— 
‘‘(A) undergoes a preauthorization safety 
audit, including verification, in a manner suffi-
cient to demonstrate the ability to comply with 
Federal rules and regulations, of— 
‘‘(i) a drug and alcohol testing pro-
gram under part 40 of title 49, Code of 
Federal Regulations; 
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‘‘(ii) the carrier’s system of compli-
ance with hours-of-service rules, including 
hours-of-service records; 
‘‘(iii) the ability to obtain required in-
surance; 
‘‘(iv) driver qualifications, including 
the validity of the commercial driver’s li-
cense of each driver who will be operating 
under such authority; 
‘‘(v) disclosure of common ownership, 
common control, common management, 
common familial relationship, or other cor-
porate relationship with another motor car-
rier or applicant for motor carrier author-
ity during the past 3 years; 
‘‘(vi) records of the State inspections, 
or of a Level I or V Commercial Vehicle 
Safety Alliance Inspection, for all vehicles 
that will be operated by the carrier; 
‘‘(vii) safety management programs, 
including vehicle maintenance and repair 
programs; and 
‘‘(viii) the ability to comply with the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.), and the Over- 
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the-Road Bus Transportation Accessibility 
Act of 2007 (122 Stat. 2915); 
‘‘(B) has been interviewed to review safety 
management controls and the carrier’s written 
safety oversight policies and practices; and 
‘‘(C) through the successful completion of 
a written examination developed by the Sec-
retary, has demonstrated proficiency to comply 
with and carry out the requirements and regu-
lations described in subsection (a)(1). 
‘‘(2) PRE-AUTHORIZATION
SAFETY
AUDIT.— 
The pre-authorization safety audit required under 
paragraph (1)(A) shall be completed on-site not later 
than 90 days following the submission of an applica-
tion for operating authority. 
‘‘(3) FEE.—The Secretary may establish, under 
section 9701 of title 31, a fee of not more than 
$1,200 for new registrants that as nearly as possible 
covers the costs of performing a preauthorization 
safety audit. Amounts collected under this sub-
section shall be deposited in the Highway Trust 
Fund (other than the Mass Transit Account).’’. 
(b) SAFETY REVIEWS OF NEW OPERATORS.—Section 
31144(g)(1) is amended by inserting ‘‘transporting prop-
erty’’ after ‘‘each operator’’. 
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(c) 
CONFORMING
AMENDMENT.—Section 
24305(a)(3)(A)(i) is amended by striking ‘‘section 
13902(b)(8)(A)’’ 
and 
inserting 
‘‘section 
13902(b)(11)(A)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of enact-
ment of this Act. 
SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERV-
ICE PROVIDERS. 
(a) SAFETY REVIEWS.—Section 31144, as amended 
by sections 32204 and 32604 of this Act, is amended by 
adding at the end the following: 
‘‘(j) PERIODIC SAFETY REVIEWS OF PROVIDERS OF 
MOTORCOACH SERVICES.— 
‘‘(1) SAFETY REVIEW.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) determine the safety fitness of all 
providers of motorcoach services registered 
with the Federal Motor Carrier Safety Ad-
ministration through a simple and under-
standable rating system that allows motor-
coach passengers to compare the safety 
performance of motorcoach operators; and 
‘‘(ii) assign a safety fitness rating to 
each such provider. 
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‘‘(B) APPLICABILITY.—Subparagraph (A) 
shall apply— 
‘‘(i) to any provider of motorcoach 
services registered with the Administration 
after the date of enactment of the Motor-
coach Enhanced Safety Act of 2012 begin-
ning not later than 2 years after the date 
of such registration; and 
‘‘(ii) to any provider of motorcoach 
services registered with the Administration 
on or before the date of enactment of that 
Act beginning not later than 3 years after 
the date of enactment of that Act. 
‘‘(2) PERIODIC REVIEW.—The Secretary shall 
establish, by regulation, a process for monitoring the 
safety performance of each provider of motorcoach 
services on a regular basis following the assignment 
of a safety fitness rating, including progressive inter-
vention to correct unsafe practices. 
‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi-
tion to the enhanced monitoring and enforcement ac-
tions required under paragraph (2), the Secretary 
may organize special enforcement strike forces tar-
geting providers of motorcoach services. 
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‘‘(4) PERIODIC
UPDATE
OF
SAFETY
FITNESS 
RATING.—In conducting the safety reviews required 
under this subsection, the Secretary shall— 
‘‘(A) reassess the safety fitness rating of 
each provider not less frequently than once 
every 3 years; and 
‘‘(B) annually assess the safety fitness of 
certain providers of motorcoach services that 
serve primarily urban areas with high passenger 
loads. 
‘‘(5) MOTORCOACH
SERVICES
DEFINED.—In 
this subsection, the term ‘provider of motorcoach 
services’ has the meaning given such term in section 
32702 of the Motorcoach Enhanced Safety Act of 
2012.’’. 
(b) DISCLOSURE OF SAFETY PERFORMANCE RAT-
INGS OF MOTORCOACH SERVICES AND OPERATIONS.— 
(1) IN GENERAL.—Subchapter I of chapter 141 
of title 49, United States Code, is amended by add-
ing at the end the following: 
‘‘§ 14105. Safety performance ratings of motorcoach 
services and operations 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) MOTORCOACH.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘motorcoach’ has 
the meaning given to the term ‘over-the-road 
bus’ in section 3038(a)(3) of the Transpor-
tation Equity Act for the 21st Century (49 
U.S.C. 5310 note). 
‘‘(B) EXCLUSIONS.—The term ‘motor-
coach’ does not include— 
‘‘(i) a bus used in public transpor-
tation that is provided by a State or local 
government; or 
‘‘(ii) a school bus (as defined in sec-
tion 30125(a)(1)), including a multi-
function school activity bus. 
‘‘(2) 
MOTORCOACH
SERVICES
AND
OPER-
ATIONS.—The term ‘motorcoach services and oper-
ations’ means passenger transportation by a motor-
coach for compensation. 
‘‘(b) DISPLAY
OF MOTOR CARRIER IDENTIFICA-
TION.— 
‘‘(1) REQUIREMENT.—Beginning on the date 
that is 1 year after the date of the enactment of the 
Moving Ahead for Progress in the 21st Century Act, 
no person may sell or offer to sell interstate motor-
coach transportation services, or provide broker serv-
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ices related to such transportation, unless the per-
son, at the point of sale or provision of broker serv-
ices, conspicuously displays— 
‘‘(A) the legal name and USDOT number 
of the single motor carrier responsible for the 
transportation and for compliance with the 
Federal Motor Carrier Safety Regulations 
under parts 350 through 399 of title 49, Code 
of Federal Regulations; and 
‘‘(B) the URL for the Federal Motor Car-
rier Safety Administration’s public website 
where the Administration has posted motor car-
rier and commercial motor vehicle driver scores 
in the Safety Measurement System. 
‘‘(2) CIVIL PENALTIES.—A person who violates 
paragraph (1) shall be liable for civil penalties to the 
same extent as a person who does not prepare a 
record in the form and manner prescribed under sec-
tion 14901(a). 
‘‘(c) RULEMAKING.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date on which the safety fitness determina-
tion rule is implemented, the Secretary shall require, 
by regulation— 
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‘‘(A) each motor carrier that owns or 
leases 1 or more motorcoaches that transport 
passengers subject to the Secretary’s jurisdic-
tion under section 13501 to prominently display 
the safety fitness rating assigned under section 
31144(j)(1)(A)(ii)— 
‘‘(i) in each terminal of departure; 
‘‘(ii) in the motorcoach and visible 
from a position exterior to the vehicle at 
the point of departure, if the motorcoach 
does not depart from a terminal; and 
‘‘(iii) at all points of sale for such mo-
torcoach services and operations; and 
‘‘(B) any person who sells tickets for mo-
torcoach services and operations to display the 
rating system described in subparagraph (A) at 
all points of sale for such motorcoach services 
and operations. 
‘‘(2) ITEMS INCLUDED IN THE RULEMAKING.— 
In promulgating safety performance ratings for 
motorcoaches pursuant to the rulemaking required 
under paragraph (1), the Secretary shall consider— 
‘‘(A) the need and extent to which safety 
performance ratings should be made available 
in languages other than English; and 
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‘‘(B) penalties authorized under section 
521. 
‘‘(3) INSUFFICIENT INSPECTIONS.—Any motor 
carrier for which insufficient safety data is available 
shall display a label that states that the carrier has 
sufficiently passed the preauthorization safety audit 
required under section 13902(b)(1)(A). 
‘‘(d) EFFECT ON STATE AND LOCAL LAW.—Nothing 
in this section may be construed to preempt a State, or 
a political subdivision of a State, from enforcing any re-
quirements concerning the manner and content of con-
sumer information provided by motor carriers that are not 
subject to the Secretary’s jurisdiction under section 
13501.’’. 
(2) CLERICAL AMENDMENT.—The analysis of 
chapter 141 of title 49, United States Code, is 
amended by inserting after the item relating to sec-
tion 14104 the following: 
‘‘14105. Safety performance ratings of motorcoach services and operations.’’. 
SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND 
COSTS OF ESTABLISHING A SYSTEM OF CER-
TIFICATION OF TRAINING PROGRAMS. 
Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall submit a report to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and 
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Infrastructure of the House of Representatives that de-
scribes the feasibility, benefits, and costs of establishing 
a system of certification of public and private schools and 
of motor carriers and motorcoach operators that provide 
motorcoach driver training. 
SEC. 32709. REPORT ON DRIVER’S LICENSE REQUIREMENTS 
FOR 9- TO 15-PASSENGER VANS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall sub-
mit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives that examines requiring all or certain classes 
of drivers operating a vehicle, which is designed or used 
to transport not fewer than 9 and not more than 15 pas-
sengers (including a driver) in interstate commerce, to 
have a commercial driver’s license passenger-carrying en-
dorsement and be tested in accordance with a drug and 
alcohol testing program under part 40 of title 49, Code 
of Federal Regulations. 
(b) CONSIDERATIONS.—In developing the report 
under subsection (a), the Secretary shall consider— 
(1) the safety benefits of the requirement de-
scribed in subsection (a); 
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(2) the scope of the population that would be 
impacted by such requirement; 
(3) the cost to the Federal Government and 
State governments to meet such requirement; and 
(4) the impact on safety benefits and cost from 
limiting the application of such requirement to cer-
tain drivers of such vehicles, such as drivers who are 
compensated for driving. 
SEC. 32710. EVENT DATA RECORDERS. 
(a) EVALUATION.—Not later than 1 year after the 
date of enactment of this Act, the Secretary, after consid-
ering the performance requirements for event data record-
ers for passenger vehicles under part 563 of title 49, Code 
of Federal Regulations, shall complete an evaluation of 
event data recorders, including requirements regarding 
specific types of vehicle operations, events and incidents, 
and systems information to be recorded, for event data 
recorders to be used on motorcoaches used by motor car-
riers in interstate commerce. 
(b) STANDARDS AND REGULATIONS.—Not later than 
2 years after completing the evaluation required under 
subsection (a), the Secretary shall issue standards and 
regulations based on the results of that evaluation. 
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SEC. 32711. SAFETY INSPECTION PROGRAM FOR COMMER-
CIAL MOTOR VEHICLES OF PASSENGERS. 
Not later than 3 years after the date of enactment 
of this Act, the Secretary shall complete a rulemaking pro-
ceeding to consider requiring States to conduct annual in-
spections of commercial motor vehicles designed or used 
to transport passengers, including an assessment of— 
(1) the risks associated with improperly main-
tained or inspected commercial motor vehicles de-
signed or used to transport passengers; 
(2) the effectiveness of existing Federal stand-
ards for the inspection of such vehicles in— 
(A) mitigating the risks described in para-
graph (1); and 
(B) ensuring the safe and proper operation 
condition of such vehicles; and 
(3) the costs and benefits of a mandatory State 
inspection program. 
SEC. 32712. DISTRACTED DRIVING. 
(a) IN GENERAL.—Chapter 311, as amended by sec-
tions 32113, 32508, and 32512 of this Act, is amended 
by adding after section 31154 the following: 
‘‘§ 31155. Regulation of the use of distracting devices 
in motorcoaches 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the Motorcoach Enhanced Safety Act 
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of 2012, the Secretary of Transportation shall prescribe 
regulations on the use of electronic or wireless devices, in-
cluding cell phones and other distracting devices, by an 
individual employed as the operator of a motorcoach (as 
defined in section 32702 of that Act). 
‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 
base the regulations prescribed under subsection (a) on 
accident data analysis, the results of ongoing research, 
and other information, as appropriate. 
‘‘(c) PROHIBITED USE.—Except as provided under 
subsection (d), the Secretary shall prohibit the use of the 
devices described in subsection (a) in circumstances in 
which the Secretary determines that their use interferes 
with a driver’s safe operation of a motorcoach. 
‘‘(d) PERMITTED USE.—The Secretary may permit 
the use of a device that is otherwise prohibited under sub-
section (c) if the Secretary determines that such use is 
necessary for the safety of the driver or the public in emer-
gency circumstances.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 311 is amended by inserting after the item relat-
ing to section 31154 the following: 
‘‘31155. Regulation of the use of distracting devices in motorcoaches.’’. 
SEC. 32713. REGULATIONS. 
Any standard or regulation prescribed or modified 
pursuant to the Motorcoach Enhanced Safety Act of 2012 
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shall be prescribed or modified in accordance with section 
553 of title 5, United States Code. 
Subtitle H—Safe Highways and 
Infrastructure Preservation 
SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT 
LIMITS STUDY. 
(a) TRUCK SIZE AND WEIGHT LIMITS STUDY.—Not 
later than 90 days after the date of enactment of this Act, 
the Secretary, in consultation with each relevant State and 
other applicable Federal agencies, shall commence a com-
prehensive truck size and weight limits study. The study 
shall— 
(1) provide data on accident frequency and fac-
tors related to accident risk of each route of the Na-
tional Highway System in each State that allows a 
vehicle to operate with size and weight limits that 
are in excess of the Federal law and regulations and 
its correlation to truck size and weight limits; 
(2) evaluate the impacts to the infrastructure of 
each route of the National Highway System in each 
State that allows a vehicle to operate with size and 
weight limits that are in excess of the Federal law 
and regulations, including— 
(A) an analysis that quantifies the cost 
and benefits of the impacts in dollars; 
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(B) an analysis of the percentage of trucks 
operating in excess of the Federal size and 
weight limits; and 
(C) an analysis that examines the ability of 
each State to recover the cost for the impacts, 
or the benefits incurred; 
(3) evaluate the impacts and frequency of viola-
tions in excess of the Federal size and weight law 
and regulations to determine the cost of the enforce-
ment of the law and regulations, and the effective-
ness of the enforcement methods; 
(4) examine the relationship between truck per-
formance and crash involvement and its correlation 
to Federal size and weight limits, including the im-
pacts on crashes; 
(5) assess the impacts that truck size and 
weight limits in excess of the Federal law and regu-
lations have in the risk of bridge failure contributing 
to the structural deficiencies of bridges or in the 
useful life of a bridge, including the impacts result-
ing from the number of bridge loadings; 
(6) analyze the impacts on safety and infra-
structure in each State that allows a truck to oper-
ate in excess of Federal size and weight limitations 
in truck-only lanes; 
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(7) compare and contrast the safety and infra-
structure impacts of the Federal limits regarding 
truck size and weight limits in relation to— 
(A) six-axle and other alternative configu-
rations of tractor-trailers; and 
(B) safety records of foreign nations with 
truck size and weight limits and tractor-trailer 
configurations that differ from the Federal law 
and regulations; and 
(8) estimate— 
(A) the extent to which freight would be 
diverted from other surface transportation 
modes to principal arterial routes and National 
Highway System intermodal connectors if each 
covered truck configuration is allowed to oper-
ate and the effect that any such diversion would 
have on other modes of transportation; 
(B) the effect that any such diversion 
would have on public safety, infrastructure, cost 
responsibilities, fuel efficiency, and the environ-
ment; 
(C) the effect on the transportation net-
work of the United States that allowing each 
covered truck configuration to operate would 
have; and 
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(D) whether allowing each covered truck 
configuration to operate would result in an in-
crease or decrease in the total number of trucks 
operating on principal arterial routes and Na-
tional Highway System intermodal connectors; 
and 
(9) identify all Federal rules and regulations 
impacted by changes in truck size and weight limits. 
(b) REPORT.—Not later than 2 years after the date 
that the study is commenced under subsection (a), the 
Secretary shall submit a final report on the study, includ-
ing all findings and recommendations, to the Committee 
on Commerce, Science, and Transportation and the Com-
mittee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure 
of the House of Representatives. 
SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE 
AND WEIGHT LIMIT LAWS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the States, shall begin to compile— 
(1) a list for each State, as applicable, that de-
scribes each route of the National Highway System 
that allows a vehicle to operate in excess of the Fed-
eral truck size and weight limits that— 
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(A) was authorized under State law on or 
before the date of enactment of this Act; and 
(B) was in actual and lawful operation on 
a regular or periodic basis (including seasonal 
operations) on or before the date of enactment 
of this Act; 
(2) a list for each State, as applicable, that de-
scribes— 
(A) the size and weight limitations applica-
ble to each segment of the National Highway 
System in that State as listed under paragraph 
(1); 
(B) each combination that exceeds the 
Interstate weight limit, but that the Depart-
ment of Transportation, other Federal agency, 
or a State agency has determined on or before 
the date of enactment of this Act, could be or 
could have been lawfully operated in the State; 
and 
(C) each combination that exceeds the 
Interstate weight limit, but that the Secretary 
determines could have been lawfully operated on 
a non-Interstate segment of the National High-
way System in the State on or before the date 
of enactment of this Act; and 
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(3) a list of each State law that designates or 
allows designation of size and weight limitations in 
excess of Federal law and regulations on routes of 
the National Highway System, including nondivisible 
loads. 
(b) SPECIFICATIONS.—The Secretary, in consultation 
with the States, shall specify whether the determinations 
under paragraphs (1) and (2) of subsection (a) were made 
by the Department of Transportation, other Federal agen-
cy, or a State agency. 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit a final 
report of the compilation under subsection (a) to the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
Subtitle I—Miscellaneous 
PART I—MISCELLANEOUS 
SEC. 32911. DETENTION TIME STUDY. 
(a) STUDY.—Not later than 30 days after the date 
of enactment of this Act, the Secretary shall task the 
Motor Carrier Safety Advisory Committee to study the ex-
tent to which detention time contributes to drivers vio-
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lating hours of service requirements and driver fatigue. In 
conducting this study, the Committee shall— 
(1) examine data collected from driver and vehi-
cle inspections; 
(2) consult with— 
(A) motor carriers and drivers, shippers, 
and representatives of ports and other facilities 
where goods are loaded and unloaded; 
(B) government officials; and 
(C) other parties as appropriate; and 
(3) provide recommendations to the Secretary 
for addressing issues identified in the study. 
(b) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall provide 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives that includes recommendations for legislation 
and for addressing the results of the study. 
SEC. 32912. PROHIBITION OF COERCION. 
Section 31136(a) is amended by— 
(1) striking ‘‘and’’ at the end of paragraph (3); 
(2) striking the period at the end of paragraph 
(4) and inserting ‘‘; and’’; and 
(3) adding after subsection (4) the following: 
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‘‘(5) an operator of a commercial motor vehicle 
is not coerced by a motor carrier, shipper, receiver, 
or transportation intermediary to operate a commer-
cial motor vehicle in violation of a regulation pro-
mulgated under this section, or chapter 51 or chap-
ter 313 of this title.’’. 
SEC. 32913. MOTOR CARRIER SAFETY ADVISORY COM-
MITTEE. 
(a) MEMBERSHIP.—Section 4144(b)(1) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (49 U.S.C. 31100 note), is 
amended by inserting ‘‘nonprofit employee labor organiza-
tions representing commercial motor vehicle drivers,’’ 
after ‘‘industry,’’. 
(b) TERMINATION DATE.—Section 4144(d) of the 
Safe, Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users (49 U.S.C. 31100 note), is 
amended by striking ‘‘March 31, 2012’’ and inserting 
‘‘September 30, 2013’’. 
SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 
(a) WAIVER
STANDARDS.—Section 31315(a) is 
amended— 
(1) by inserting ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking paragraph (3); and 
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(3) redesignating paragraph (4) as paragraph 
(3). 
(b) EXEMPTION STANDARDS.—Section 31315(b)(4) 
is amended— 
(1) in subparagraph (A), by inserting ‘‘(or, in 
the case of a request for an exemption from the 
physical qualification standards for commercial 
motor vehicle drivers, post on a web site established 
by the Secretary to implement the requirements of 
section 31149)’’ after ‘‘Federal Register’’; 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) UPON GRANTING A REQUEST.—Upon 
granting a request and before the effective date 
of the exemption, the Secretary shall publish in 
the Federal Register (or, in the case of an ex-
emption from the physical qualification stand-
ards for commercial motor vehicle drivers, post 
on a web site established by the Secretary to 
implement the requirements of section 31149) 
the name of the person granted the exemption, 
the provisions from which the person is exempt, 
the effective period, and the terms and condi-
tions of the exemption.’’; and 
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(3) in subparagraph (C), by inserting ‘‘(or, in 
the case of a request for an exemption from the 
physical qualification standards for commercial 
motor vehicle drivers, post on a web site established 
by the Secretary to implement the requirements of 
section 31149)’’ after ‘‘Federal Register’’. 
(c) PROVIDING NOTICE OF EXEMPTIONS TO STATE 
PERSONNEL.—Section 31315(b)(7) is amended to read as 
follows: 
‘‘(7) NOTIFICATION
OF
STATE
COMPLIANCE 
AND ENFORCEMENT PERSONNEL.—Before the effec-
tive date of an exemption, the Secretary shall notify 
a State safety compliance and enforcement agency, 
and require the agency pursuant to section 
31102(b)(1)(Y) to notify the State’s roadside inspec-
tors, that a person will be operating pursuant to an 
exemption and the terms and conditions that apply 
to the exemption.’’. 
(d) PILOT
PROGRAMS.—Section 31315(c)(1) is 
amended by striking ‘‘in the Federal Register’’. 
(e) REPORT
TO
CONGRESS.—Section 31315 is 
amended by adding after subsection (d) the following: 
‘‘(e) REPORT TO CONGRESS.—The Secretary shall 
submit an annual report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
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mittee on Transportation and Infrastructure of the House 
of Representatives listing the waivers, exemptions, and 
pilot programs granted under this section, and any im-
pacts on safety. 
‘‘(f) WEB SITE.—The Secretary shall ensure that the 
Federal Motor Carrier Safety Administration web site in-
cludes a link to the web site established by the Secretary 
to implement the requirements under sections 31149 and 
31315. The link shall be in a clear and conspicuous loca-
tion on the home page of the Federal Motor Carrier Safety 
Administration web site and be easily accessible to the 
public.’’. 
SEC. 32915. REGISTRATION REQUIREMENTS. 
(a) REQUIREMENTS
FOR REGISTRATION.—Section 
13901 is amended to read as follows: 
‘‘§ 13901. Requirements for registration 
‘‘(a) IN GENERAL.—A person may not provide trans-
portation as a motor carrier subject to jurisdiction under 
subchapter I of chapter 135 or service as a freight for-
warder subject to jurisdiction under subchapter III of such 
chapter, or be a broker for transportation subject to juris-
diction under subchapter I of such chapter unless the per-
son is registered under this chapter to provide such trans-
portation or service. 
‘‘(b) REGISTRATION NUMBERS.— 
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‘‘(1) IN GENERAL.—If the Secretary registers a 
person under this chapter to provide transportation 
or service, including as a motor carrier, freight for-
warder, or broker, the Secretary shall issue a dis-
tinctive registration number to the person for each 
such authority to provide transportation or service 
for which the person is registered. 
‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI-
CATOR.—A number issued under paragraph (1) shall 
include an indicator of the type of transportation or 
service for which the registration number is issued, 
including whether the registration number is issued 
for registration of a motor carrier, freight forwarder, 
or broker. 
‘‘(c) SPECIFICATION
OF
AUTHORITY.—For each 
agreement to provide transportation or service for which 
registration is required under this chapter, the registrant 
shall specify, in writing, the authority under which the 
person is providing such transportation or service.’’. 
(b) AVAILABILITY OF INFORMATION.— 
(1) IN GENERAL.—Chapter 139 is amended by 
adding at the end the following: 
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‘‘§ 13909. Availability of information 
‘‘The Secretary shall make information relating to 
registration and financial security required by this chapter 
publicly available on the Internet, including–– 
‘‘(1) the names and business addresses of the 
principals of each entity holding such registration; 
and 
‘‘(2) the electronic address of the entity’s surety 
provider for the submission of claims.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 139 is amended by adding at the end the 
following: 
‘‘13909. Availability of information.’’. 
SEC. 32916. ADDITIONAL MOTOR CARRIER REGISTRATION 
REQUIREMENTS. 
Section 13902, as amended by sections 32101 and 
32107(a) of this Act, is amended–– 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘using 
self-propelled vehicles the motor carrier owns or 
leases’’ after ‘‘motor carrier’’; and 
(B) by adding at the end the following: 
‘‘(6) SEPARATE REGISTRATION REQUIRED.—A 
motor carrier may not broker transportation services 
unless the motor carrier has registered as a broker 
under this chapter.’’; and 
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(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) REGISTRATION
AS FREIGHT FORWARDER
OR 
BROKER REQUIRED.—A motor carrier registered under 
this chapter–– 
‘‘(1) may only provide transportation of prop-
erty with self-propelled motor vehicles owned or 
leased by the motor carrier or interchanges under 
regulations issued by the Secretary if the originating 
carrier— 
‘‘(A) physically transports the cargo at 
some point; and 
‘‘(B) retains liability for the cargo and for 
payment of interchanged carriers; and 
‘‘(2) may not arrange transportation described 
in paragraph (1) unless the motor carrier has ob-
tained a separate registration as a freight forwarder 
or broker for transportation under section 13903 or 
13904, as applicable.’’. 
SEC. 32917. REGISTRATION OF FREIGHT FORWARDERS AND 
BROKERS. 
(a) REGISTRATION
OF FREIGHT FORWARDERS.— 
Section 13903, as amended by section 32107(b) of this 
Act, is amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘finds that the person is 
fit’’ and inserting the following: ‘‘determines 
that the person–– 
‘‘(1) has sufficient experience to qualify the per-
son to act as a freight forwarder; and 
‘‘(2) is fit’’; and 
(B) by striking ‘‘and the Board’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (d) and (e), respectively; 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DURATION.—A registration issued under sub-
section (a) shall only remain in effect while the freight 
forwarder is in compliance with section 13906(c). 
‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.— 
Each freight forwarder shall employ, as an officer, an indi-
vidual who–– 
‘‘(1) has at least 3 years of relevant experience; 
or 
‘‘(2) provides the Secretary with satisfactory 
evidence of the individual’s knowledge of related 
rules, regulations, and industry practices.’’; and 
(4) by amending subsection (d), as redesig-
nated, to read as follows: 
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‘‘(d) REGISTRATION
AS
MOTOR
CARRIER
RE-
QUIRED.—A freight forwarder may not provide transpor-
tation as a motor carrier unless the freight forwarder has 
registered separately under this chapter to provide trans-
portation as a motor carrier.’’. 
(b) REGISTRATION OF BROKERS.—Section 13904, as 
amended by section 32107(c) of this Act, is amended— 
(1) in subsection (a), by striking ‘‘finds that the 
person is fit’’ and inserting the following: ‘‘deter-
mines that the person–– 
‘‘(1) has sufficient experience to qualify the per-
son to act as a broker for transportation; and 
‘‘(2) is fit’’; 
(2) by redesignating subsections (b), (c), (d), 
and (e) as subsections (d), (e), (f), and (g) respec-
tively; 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DURATION.—A registration issued under sub-
section (a) shall only remain in effect while the broker for 
transportation is in compliance with section 13906(b). 
‘‘(c) EXPERIENCE OR TRAINING REQUIREMENTS.— 
Each broker shall employ, as an officer, an individual 
who–– 
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‘‘(1) has at least 3 years of relevant experience; 
or 
‘‘(2) provides the Secretary with satisfactory 
evidence of the individual’s knowledge of related 
rules, regulations, and industry practices.’’; and 
(4) by amending subsection (d), as redesig-
nated, to read as follows: 
‘‘(d) REGISTRATION
AS
MOTOR
CARRIER
RE-
QUIRED.—A broker for transportation may not provide 
transportation as a motor carrier unless the broker has 
registered separately under this chapter to provide trans-
portation as a motor carrier.’’. 
SEC. 32918. EFFECTIVE PERIODS OF REGISTRATION. 
Section 13905(c) is amended to read as follows: 
‘‘(c) EFFECTIVE PERIOD.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this part, each registration issued under 
section 13902, 13903, or 13904— 
‘‘(A) shall be effective beginning on the 
date specified by the Secretary; and 
‘‘(B) shall remain in effect for such period 
as the Secretary determines appropriate by reg-
ulation. 
‘‘(2) REISSUANCE OF REGISTRATION.— 
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‘‘(A) REQUIREMENT.—Not later than 4 
years after the date of the enactment of the 
Commercial Motor Vehicle Safety Enhancement 
Act of 2012, the Secretary shall require a 
freight forwarder or broker to renew its reg-
istration issued under this chapter. 
‘‘(B) EFFECTIVE PERIOD.—Each registra-
tion renewal under subparagraph (A)— 
‘‘(i) shall expire not later than 5 years 
after the date of such renewal; and 
‘‘(ii) may be further renewed as pro-
vided under this chapter. 
‘‘(3) REGISTRATION
UPDATE.—The Secretary 
shall require a motor carrier, freight forwarder, or 
broker to update its registration under this chapter 
periodically or not later than 30 days after any 
change in address, other contact information, offi-
cers, process agent, or other essential information, 
as determined by the Secretary and published in the 
Federal Register.’’. 
SEC. 32919. FINANCIAL SECURITY OF BROKERS AND 
FREIGHT FORWARDERS. 
(a) IN GENERAL.—Section 13906 is amended by 
striking subsections (b) and (c) and inserting the fol-
lowing: 
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‘‘(b) BROKER
FINANCIAL
SECURITY
REQUIRE-
MENTS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
register a person as a broker under section 
13904 only if the person files with the Sec-
retary a surety bond, proof of trust fund, or 
other financial security, or a combination there-
of, in a form and amount, and from a provider, 
determined by the Secretary to be adequate to 
ensure financial responsibility. 
‘‘(B) USE
OF
A
GROUP
SURETY
BOND, 
TRUST FUND, OR OTHER SURETY.—In imple-
menting the standards established by subpara-
graph (A), the Secretary may authorize the use 
of a group surety bond, trust fund, or other fi-
nancial security, or a combination thereof, that 
meets the requirements of this subsection. 
‘‘(C) SURETY BONDS.—A surety bond ob-
tained under this section may only be obtained 
from a bonding company that has been ap-
proved by the Secretary of the Treasury. 
‘‘(D) PROOF OF TRUST OR OTHER FINAN-
CIAL
SECURITY.—For purposes of subpara-
graph (A), a trust fund or other financial secu-
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rity may be acceptable to the Secretary only if 
the trust fund or other financial security con-
sists of assets readily available to pay claims 
without resort to personal guarantees or collec-
tion of pledged accounts receivable. 
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 
‘‘(A) PAYMENT
OF
CLAIMS.—A surety 
bond, trust fund, or other financial security ob-
tained under paragraph (1) shall be available to 
pay any claim against a broker arising from its 
failure to pay freight charges under its con-
tracts, agreements, or arrangements for trans-
portation subject to jurisdiction under chapter 
135 if–– 
‘‘(i) subject to the review by the sur-
ety provider, the broker consents to the 
payment; 
‘‘(ii) in any case in which the broker 
does not respond to adequate notice to ad-
dress the validity of the claim, the surety 
provider determines that the claim is valid; 
or 
‘‘(iii) the claim is not resolved within 
a reasonable period of time following a rea-
sonable attempt by the claimant to resolve 
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the claim under clauses (i) and (ii), and 
the claim is reduced to a judgment against 
the broker. 
‘‘(B) RESPONSE
OF
SURETY
PROVIDERS 
TO CLAIMS.—If a surety provider receives notice 
of a claim described in subparagraph (A), the 
surety provider shall–– 
‘‘(i) respond to the claim on or before 
the 30th day following the date on which 
the notice was received; and 
‘‘(ii) in the case of a denial, set forth 
in writing for the claimant the grounds for 
the denial. 
‘‘(C) COSTS AND ATTORNEY’S FEES.—In 
any action against a surety provider to recover 
on a claim described in subparagraph (A), the 
prevailing party shall be entitled to recover its 
reasonable costs and attorney’s fees. 
‘‘(3) MINIMUM
FINANCIAL
SECURITY.—Each 
broker subject to the requirements of this section 
shall provide financial security of $100,000 for pur-
poses of this subsection, regardless of the number of 
branch offices or sales agents of the broker. 
‘‘(4) CANCELLATION NOTICE.—If a financial se-
curity required under this subsection is canceled–– 
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‘‘(A) the holder of the financial security 
shall provide electronic notification to the Sec-
retary of the cancellation not later than 30 days 
before the effective date of the cancellation; and 
‘‘(B) the Secretary shall immediately post 
such notification on the public Internet Website 
of the Department of Transportation. 
‘‘(5) SUSPENSION.—The Secretary shall imme-
diately suspend the registration of a broker issued 
under this chapter if the available financial security 
of that person falls below the amount required under 
this subsection. 
‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINAN-
CIAL FAILURE OR INSOLVENCY.—If a broker reg-
istered under this chapter experiences financial fail-
ure or insolvency, the surety provider of the broker 
shall–– 
‘‘(A) submit a notice to cancel the financial 
security to the Administrator in accordance 
with paragraph (4); 
‘‘(B) publicly advertise for claims for 60 
days beginning on the date of publication by the 
Secretary of the notice to cancel the financial 
security; and 
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‘‘(C) pay, not later than 30 days after the 
expiration of the 60-day period for submission 
of claims–– 
‘‘(i) all uncontested claims received 
during such period; or 
‘‘(ii) a pro rata share of such claims 
if the total amount of such claims exceeds 
the financial security available. 
‘‘(7) PENALTIES.— 
‘‘(A) CIVIL
ACTIONS.—Either the Sec-
retary or the Attorney General of the United 
States may bring a civil action in an appro-
priate district court of the United States to en-
force the requirements of this subsection or a 
regulation prescribed or order issued under this 
subsection. The court may award appropriate 
relief, including injunctive relief. 
‘‘(B) CIVIL PENALTIES.—If the Secretary 
determines, after notice and opportunity for a 
hearing, that a surety provider of a broker reg-
istered under this chapter has violated the re-
quirements of this subsection or a regulation 
prescribed under this subsection, the surety 
provider shall be liable to the United States for 
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a civil penalty in an amount not to exceed 
$10,000. 
‘‘(C) ELIGIBILITY.—If the Secretary deter-
mines, after notice and opportunity for a hear-
ing, that a surety provider of a broker reg-
istered under this chapter has violated the re-
quirements of this subsection or a regulation 
prescribed under this subsection, the surety 
provider shall be ineligible to provider broker fi-
nancial security for 3 years. 
‘‘(8) FINANCIAL
SECURITY
AMOUNT
ASSESS-
MENT.—Every 5 years, the Secretary shall review, 
with public notice and comment, the amount of the 
financial security required under this subsection to 
determine whether such amounts are sufficient to 
provide adequate financial security, and shall be au-
thorized to increase those amounts, if necessary, 
based upon that determination. 
‘‘(c) FREIGHT FORWARDER FINANCIAL SECURITY 
REQUIREMENTS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
register a person as a freight forwarder under 
section 13903 only if the person files with the 
Secretary a surety bond, proof of trust fund, 
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other financial security, or a combination of 
such instruments, in a form and amount, and 
from a provider, determined by the Secretary to 
be adequate to ensure financial responsibility. 
‘‘(B) USE
OF
A
GROUP
SURETY
BOND, 
TRUST
FUND, OR
OTHER
FINANCIAL
SECU-
RITY.—In implementing the standards estab-
lished under subparagraph (A), the Secretary 
may authorize the use of a group surety bond, 
trust fund, other financial security, or a com-
bination of such instruments, that meets the re-
quirements of this subsection. 
‘‘(C) SURETY BONDS.—A surety bond ob-
tained under this section may only be obtained 
from a bonding company that has been ap-
proved by the Secretary of the Treasury. 
‘‘(D) PROOF OF TRUST OR OTHER FINAN-
CIAL
SECURITY.—For purposes of subpara-
graph (A), a trust fund or other financial secu-
rity may not be accepted by the Secretary un-
less the trust fund or other financial security 
consists of assets readily available to pay claims 
without resort to personal guarantees or collec-
tion of pledged accounts receivable. 
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 
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‘‘(A) PAYMENT
OF
CLAIMS.—A surety 
bond, trust fund, or other financial security ob-
tained under paragraph (1) shall be available to 
pay any claim against a freight forwarder aris-
ing from its failure to pay freight charges under 
its contracts, agreements, or arrangements for 
transportation subject to jurisdiction under 
chapter 135 if–– 
‘‘(i) subject to the review by the sur-
ety provider, the freight forwarder con-
sents to the payment; 
‘‘(ii) in the case the freight forwarder 
does not respond to adequate notice to ad-
dress the validity of the claim, the surety 
provider determines the claim is valid; or 
‘‘(iii) the claim— 
‘‘(I) is not resolved within a rea-
sonable period of time following a rea-
sonable attempt by the claimant to re-
solve the claim under clauses (i) and 
(ii); and 
‘‘(II) is reduced to a judgment 
against the freight forwarder. 
‘‘(B) RESPONSE
OF
SURETY
PROVIDERS 
TO CLAIMS.—If a surety provider receives notice 
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of a claim described in subparagraph (A), the 
surety provider shall–– 
‘‘(i) respond to the claim on or before 
the 30th day following receipt of the no-
tice; and 
‘‘(ii) in the case of a denial, set forth 
in writing for the claimant the grounds for 
the denial. 
‘‘(C) COSTS AND ATTORNEY’S FEES.—In 
any action against a surety provider to recover 
on a claim described in subparagraph (A), the 
prevailing party shall be entitled to recover its 
reasonable costs and attorney’s fees. 
‘‘(3) FREIGHT FORWARDER INSURANCE.— 
‘‘(A) IN
GENERAL.—The Secretary may 
register a person as a freight forwarder under 
section 13903 only if the person files with the 
Secretary a surety bond, insurance policy, or 
other type of financial security that meets 
standards prescribed by the Secretary. 
‘‘(B) LIABILITY INSURANCE.—A financial 
security filed by a freight forwarder under sub-
paragraph (A) shall be sufficient to pay an 
amount, not to exceed the amount of the finan-
cial security, for each final judgment against 
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the freight forwarder for bodily injury to, or 
death of, an individual, or loss of, or damage to, 
property (other than property referred to in 
subparagraph (C)), resulting from the negligent 
operation, maintenance, or use of motor vehi-
cles by, or under the direction and control of, 
the freight forwarder while providing transfer, 
collection, or delivery service under this part. 
‘‘(C) CARGO INSURANCE.—The Secretary 
may require a registered freight forwarder to 
file with the Secretary a surety bond, insurance 
policy, or other type of financial security ap-
proved by the Secretary, that will pay an 
amount, not to exceed the amount of the finan-
cial security, for loss of, or damage to, property 
for which the freight forwarder provides service. 
‘‘(4) MINIMUM
FINANCIAL
SECURITY.—Each 
freight forwarder subject to the requirements of this 
section shall provide financial security of $100,000, 
regardless of the number of branch offices or sales 
agents of the freight forwarder. 
‘‘(5) CANCELLATION NOTICE.—If a financial se-
curity required under this subsection is canceled–– 
‘‘(A) the holder of the financial security 
shall provide electronic notification to the Sec-
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retary of the cancellation not later than 30 days 
before the effective date of the cancellation; and 
‘‘(B) the Secretary shall immediately post 
such notification on the public Internet web site 
of the Department of Transportation. 
‘‘(6) SUSPENSION.—The Secretary shall imme-
diately suspend the registration of a freight for-
warder issued under this chapter if its available fi-
nancial security falls below the amount required 
under this subsection. 
‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINAN-
CIAL FAILURE OR INSOLVENCY.—If a freight for-
warder registered under this chapter experiences fi-
nancial failure or insolvency, the surety provider of 
the freight forwarder shall–– 
‘‘(A) submit a notice to cancel the financial 
security to the Administrator in accordance 
with paragraph (5); 
‘‘(B) publicly advertise for claims for 60 
days beginning on the date of publication by the 
Secretary of the notice to cancel the financial 
security; and 
‘‘(C) pay, not later than 30 days after the 
expiration of the 60-day period for submission 
of claims–– 
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‘‘(i) all uncontested claims received 
during such period; or 
‘‘(ii) a pro rata share of such claims 
if the total amount of such claims exceeds 
the financial security available. 
‘‘(8) PENALTIES.— 
‘‘(A) CIVIL
ACTIONS.—Either the Sec-
retary or the Attorney General may bring a civil 
action in an appropriate district court of the 
United States to enforce the requirements of 
this subsection or a regulation prescribed or 
order issued under this subsection. The court 
may award appropriate relief, including injunc-
tive relief. 
‘‘(B) CIVIL PENALTIES.—If the Secretary 
determines, after notice and opportunity for a 
hearing, that a surety provider of a freight for-
warder registered under this chapter has vio-
lated the requirements of this subsection or a 
regulation prescribed under this subsection, the 
surety provider shall be liable to the United 
States for a civil penalty in an amount not to 
exceed $10,000. 
‘‘(C) ELIGIBILITY.—If the Secretary deter-
mines, after notice and opportunity for a hear-
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ing, that a surety provider of a freight for-
warder registered under this chapter has vio-
lated the requirements of this subsection or a 
regulation prescribed under this subsection, the 
surety provider shall be ineligible to provide 
freight forwarder financial security for 3 years. 
‘‘(9) FINANCIAL
SECURITY
AND
INSURANCE 
AMOUNT
ASSESSMENT.—Not less frequently than 
once every 5 years, the Secretary— 
‘‘(A) shall review, with public notice and 
comment, the amount of the financial security 
and insurance required under this subsection to 
determine whether such amounts are sufficient 
to provide adequate financial security; and 
‘‘(B) may increase such amounts, if nec-
essary, based upon the determination under 
subparagraph (A).’’. 
(b) RULEMAKING.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue 
regulations to implement and enforce the requirements 
under subsections (b) and (c) of section 13906 of title 49, 
United States Code, as amended by subsection (a). 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date that is 1 year 
after the date of enactment of this Act. 
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SEC. 32920. UNLAWFUL BROKERAGE ACTIVITIES. 
(a) IN GENERAL.—Chapter 149 is amended by add-
ing at the end the following: 
‘‘§ 14916. Unlawful brokerage activities 
‘‘(a) PROHIBITED ACTIVITIES.—Any person that acts 
as a broker, other than a non-vessel-operating common 
carrier (as defined in section 40102(16) of title 46) or an 
ocean freight forwarder providing brokerage as part of an 
international through movement involving ocean transpor-
tation between the United States and a foreign port, is 
prohibited from providing interstate brokerage services as 
a broker unless that person–– 
‘‘(1) is registered under, and in compliance 
with, section 13903; and 
‘‘(2) has satisfied the financial security require-
ments under section 13904. 
‘‘(b) CIVIL PENALTIES AND PRIVATE CAUSE OF AC-
TION.—Any person who knowingly authorizes, consents to, 
or permits, directly or indirectly, either alone or in con-
junction with any other person, a violation of subsection 
(a) is liable–– 
‘‘(1) to the United States Government for a 
civil penalty in an amount not to exceed $10,000 for 
each violation; and 
‘‘(2) to the injured party for all valid claims in-
curred without regard to amount. 
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‘‘(c) LIABLE PARTIES.—The liability for civil pen-
alties and for claims under this section for unauthorized 
brokering shall apply, jointly and severally–– 
‘‘(1) to any corporate entity or partnership in-
volved; and 
‘‘(2) to the individual officers, directors, and 
principals of such entities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 149 is amended by adding at the end the following: 
‘‘14916. Unlawful brokerage activities.’’. 
PART II—HOUSEHOLD GOODS TRANSPORTATION 
SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS 
FOR HOUSEHOLD GOODS MOTOR CARRIERS. 
(a) Section 13902(a)(2) is amended— 
(1) in subparagraph (B), by striking ‘‘section 
13702(c);’’ and inserting ‘‘section 13702(c); and’’; 
(2) by amending subparagraph (C) to read as 
follows: 
‘‘(C) demonstrates, before being registered, 
through successful completion of a proficiency 
examination established by the Secretary, 
knowledge and intent to comply with applicable 
Federal laws relating to consumer protection, 
estimating, consumers’ rights and responsibil-
ities, and options for limitations of liability for 
loss and damage.’’; and 
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(3) by striking subparagraph (D). 
(b) COMPLIANCE REVIEWS
OF NEW HOUSEHOLD 
GOODS MOTOR CARRIERS.—Section 31144(g), as amend-
ed by section 32102 of this Act, is amended by adding 
at the end the following: 
‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE-
HOLD GOODS MOTOR CARRIERS.—(A) In addition to 
the requirements of this subsection, the Secretary 
shall require, by regulation, each registered house-
hold goods motor carrier to undergo a consumer pro-
tection standards review not later than 18 months 
after the household goods motor carrier begins oper-
ations under such authority. 
‘‘(B) 
ELEMENTS.—In 
the 
regulations 
issued pursuant to subparagraph (A), the Sec-
retary shall establish the elements of the con-
sumer protections standards review, including 
basic management controls. In establishing the 
elements, the Secretary shall consider the ef-
fects on small businesses and shall consider es-
tablishing alternate locations where such re-
views may be conducted for the convenience of 
small businesses.’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 2 years after the date of en-
actment of this Act. 
SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSE-
HOLD GOODS. 
(a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is 
amended by striking ‘‘and 14103’’ and inserting ‘‘, 14103, 
and 14915(c)’’. 
(b) CIVIL
PENALTIES.—Section 14915(a)(1) is 
amended by adding at the end the following: 
‘‘The United States may assign all or a portion of 
the civil penalty to an aggrieved shipper. The Secretary 
of Transportation shall establish criteria upon which such 
assignments shall be made. The Secretary may order, 
after notice and an opportunity for a proceeding, that a 
person found holding a household goods shipment hostage 
return the goods to an aggrieved shipper.’’. 
SEC. 32923. SETTLEMENT AUTHORITY. 
(a) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 
Section 14901 is amended by adding at the end the fol-
lowing: 
‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL 
PENALTIES.—Nothing in this section shall be construed 
to prohibit the Secretary from accepting partial payment 
of a civil penalty as part of a settlement agreement in the 
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public interest, or from holding imposition of any part of 
a civil penalty in abeyance.’’. 
(b) SETTLEMENT
OF HOUSEHOLD GOODS CIVIL 
PENALTIES.—Section 14915(a) is amended by adding at 
the end the following: 
‘‘(4) SETTLEMENT
AUTHORITY.—Nothing in 
this section shall be construed as prohibiting the 
Secretary from accepting partial payment of a civil 
penalty as part of a settlement agreement in the 
public interest, or from holding imposition of any 
part of a civil penalty in abeyance.’’. 
SEC. 32924. HOUSEHOLD GOODS TRANSPORTATION ASSIST-
ANCE PROGRAM. 
(a) JOINT ASSISTANCE PROGRAM.—Not later than 
18 months after the date of enactment of this Act, the 
Secretary shall develop and implement a joint assistance 
program, through the Federal Motor Carrier Safety Ad-
ministration— 
(1) to educate consumers about the household 
goods motor carrier industry pursuant to the rec-
ommendations of the task force established under 
section 32925 of this Act; 
(2) to improve the Federal Motor Carrier Safe-
ty Administration’s implementation, monitoring, and 
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coordination of Federal and State household goods 
enforcement activities; 
(3) to assist a consumer with the timely resolu-
tion of an interstate household goods hostage situa-
tion, as appropriate; and 
(4) to conduct other enforcement activities as 
designated by the Secretary. 
(b) JOINT ASSISTANCE PROGRAM PARTNERSHIP.— 
The Secretary— 
(1) may partner with 1 or more household 
goods motor carrier industry groups to implement 
the joint assistance program under subsection (a); 
and 
(2) shall ensure that each participating house-
hold goods motor carrier industry group— 
(A) implements the joint assistance pro-
gram in the best interest of the consumer; 
(B) implements the joint assistance pro-
gram in the public interest; 
(C) accurately represents its financial in-
terests in providing household goods mover 
services in the normal course of business and in 
assisting consumers resolving hostage situa-
tions; 
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(D) does not hold itself out or misrepre-
sent itself as an agent of the Federal govern-
ment; 
(E) abides by Federal regulations and 
guidelines for the provision of assistance and 
receipt of compensation for household goods 
mover services; and 
(F) accurately represents the Federal and 
State remedies that are available to consumers 
for resolving interstate household goods hostage 
situations. 
(c) REPORT.—The Secretary shall submit a report 
annually to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives providing a detailed description of the joint 
assistance program under subsection (a). 
(d) PROHIBITION.—The joint assistance program 
under subsection (a) may not include the provision of 
funds by the United States to a consumer for lost, stolen, 
or damaged items. 
SEC. 32925. HOUSEHOLD GOODS CONSUMER EDUCATION 
PROGRAM. 
(a) TASK FORCE.—The Secretary of Transportation 
shall establish a task force to develop recommendations 
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to ensure that a consumer is informed of Federal law con-
cerning the transportation of household goods by a motor 
carrier, including recommendations— 
(1) on how to condense publication ESA 03005 
of the Federal Motor Carrier Safety Administration 
into a format that can be more easily used by a con-
sumer; and 
(2) on the use of state-of-the-art education 
techniques and technologies, including the use of the 
Internet as an educational tool. 
(b) TASK FORCE MEMBERS.—The task force shall be 
comprised of— 
(1) individuals with expertise in consumer af-
fairs; 
(2) educators with expertise in how people learn 
most effectively; and 
(3) representatives of the household goods mov-
ing industry. 
(c) RECOMMENDATIONS.—Not later than 1 year after 
the date of enactment of this Act, the task force shall com-
plete its recommendations under subsection (a). Not later 
than 1 year after the task force completes its rec-
ommendations under subsection (a), the Secretary shall 
issue regulations implementing the recommendations, as 
appropriate. 
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(d) FEDERAL ADVISORY COMMITTEE ACT EXEMP-
TION.—The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the task force. 
(e) TERMINATION.—The task force shall terminate 2 
years after the date of enactment of this Act. 
PART III—TECHNICAL AMENDMENTS 
SEC. 32931. UPDATE OF OBSOLETE TEXT. 
(a) Section 31137(e), as redesignated by section 
32301 of this Act, is amended by striking ‘‘Not later than 
December 1, 1990, the Secretary shall prescribe’’ and in-
serting ‘‘The Secretary shall maintain’’. 
(b) Section 31151(a) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall maintain a program to ensure that inter-
modal equipment used to transport intermodal con-
tainers is safe and systematically maintained.’’; and 
(2) by striking paragraph (4). 
(c) Section 31307(b) is amended by striking ‘‘Not 
later than December 18, 1994, the Secretary shall pre-
scribe’’ and inserting ‘‘The Secretary shall maintain’’. 
(d) Section 31310(g)(1) is amended by striking ‘‘Not 
later than 1 year after the date of enactment of this Act, 
the’’ and inserting ‘‘The’’. 
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(e) Section 4123(f) of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy for 
Users (119 Stat. 1736), is amended by striking ‘‘Not later 
than 1 year after the date of enactment of this Act, the’’ 
and inserting ‘‘The’’. 
SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COM-
MISSION REFERENCES. 
(a) SAFETY INFORMATION AND INTERVENTION IN 
INTERSTATE COMMERCE COMMISSION PROCEEDINGS.— 
Chapter 3 is amended— 
(1) by repealing section 307; 
(2) in the analysis, by striking the item relating 
to section 307; 
(3) in section 333(d)(1)(C), by striking ‘‘Inter-
state Commerce Commission’’ and inserting ‘‘Sur-
face Transportation Board’’; and 
(4) in section 333(e)— 
(A) by striking ‘‘Interstate Commerce 
Commission’’ and inserting ‘‘Surface Transpor-
tation Board’’; and 
(B) by striking ‘‘Commission’’ and insert-
ing ‘‘Board’’. 
(b) FILING AND PROCEDURE FOR APPLICATION TO 
ABANDON
OR DISCONTINUE.—Section 10903(b)(2) is 
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amended by striking ‘‘24706(c) of this title’’ and inserting 
‘‘24706(c) of this title before May 31, 1998’’. 
(c) TECHNICAL AMENDMENTS TO PART C OF SUB-
TITLE V.— 
(1) Section 24307(b)(3) is amended by striking 
‘‘Interstate Commerce Commission’’ and inserting 
‘‘Surface Transportation Board’’. 
(2) Section 24311 is amended— 
(A) by striking ‘‘Interstate Commerce 
Commission’’ and inserting ‘‘Surface Transpor-
tation Board’’; 
(B) by striking ‘‘Commission’’ each place it 
appears and inserting ‘‘Board’’; and 
(C) by striking ‘‘Commission’s’’ and insert-
ing ‘‘Board’s’’. 
(3) Section 24902 is amended— 
(A) by striking ‘‘Interstate Commerce 
Commission’’ each place it appears and insert-
ing ‘‘Surface Transportation Board’’; and 
(B) by striking ‘‘Commission’’ each place it 
appears and inserting ‘‘Board’’. 
(4) Section 24904 is amended— 
(A) by striking ‘‘Interstate Commerce 
Commission’’ and inserting ‘‘Surface Transpor-
tation Board’’; and 
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(B) by striking ‘‘Commission’’ each place it 
appears and inserting ‘‘Board’’. 
SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) Section 13905(f)(1)(A) is amended by striking 
‘‘section 13904(c)’’ and inserting ‘‘section 13904(e)’’; 
(b) Section 14504a(c)(1) is amended— 
(1) in subparagraph (C), by striking ‘‘sections’’ 
and inserting ‘‘section’’; and 
(2) in subparagraph (D)(ii)(II) by striking the 
period at the end and inserting ‘‘; and’’. 
(c) Section 31103(a) is amended by striking ‘‘section 
31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. 
(d) Section 31103(b) is amended by striking ‘‘author-
ized by section 31104(f)(2)’’. 
(e) Section 31309(b)(2) is amended by striking 
‘‘31308(2)’’ and inserting ‘‘31308(3)’’. 
TITLE III—SURFACE TRANSPOR-
TATION AND FREIGHT POL-
ICY ACT OF 2012 
SEC. 33001. SHORT TITLE. 
This title may be cited as the ‘‘Surface Transpor-
tation and Freight Policy Act of 2012’’. 
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SEC. 33002. ESTABLISHMENT OF A NATIONAL SURFACE 
TRANSPORTATION AND FREIGHT POLICY. 
(a) IN GENERAL.—Subchapter I of chapter 3 of title 
49, United States Code, as amended by section 32932 of 
the Commercial Motor Vehicle Safety Enhancement Act 
of 2012, is amended— 
(1) by redesignating sections 304 through 306 
as sections 307 through 309, respectively; 
(2) by redesignating sections 308 and 309 as 
sections 310 and 311, respectively; 
(3) by redesignating sections 303 and 303a as 
sections 305 and 306, respectively; and 
(4) by inserting after section 302 the following: 
‘‘§ 303. National surface transportation policy 
‘‘(a) POLICY.—It is the policy of the United States 
to develop a comprehensive national surface transpor-
tation system that advances the national interest and de-
fense, interstate and foreign commerce, the efficient and 
safe interstate mobility of people and goods, and the pro-
tection of the environment. The system shall be built, 
maintained, managed, and operated as a partnership be-
tween the Federal, State, and local governments and the 
private sector and shall be coordinated with the overall 
transportation system of the United States, including the 
Nation’s air, rail, pipeline, and water transportation sys-
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tems. The Secretary of Transportation shall be responsible 
for carrying out this policy. 
‘‘(b) OBJECTIVES.—The objectives of the policy shall 
be to facilitate and advance— 
‘‘(1) the improved accessibility and reduced 
travel times for persons and goods within and be-
tween nations, regions, States, and metropolitan 
areas; 
‘‘(2) the safety of the public; 
‘‘(3) the security of the Nation and the public; 
‘‘(4) environmental protection; 
‘‘(5) energy conservation and security, including 
reducing transportation-related energy use; 
‘‘(6) international and interstate freight move-
ment, trade enhancement, job creation, and eco-
nomic development; 
‘‘(7) responsible planning to address population 
distribution and employment and sustainable devel-
opment; 
‘‘(8) the preservation and adequate performance 
of system-critical transportation assets, as defined 
by the Secretary; 
‘‘(9) reasonable access to the national surface 
transportation system for all system users, including 
rural communities; 
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‘‘(10) the sustainable and adequate financing of 
the national surface transportation system; and 
‘‘(11) innovation in transportation services, in-
frastructure, and technology. 
‘‘(c) GOALS.— 
‘‘(1) SPECIFIC GOALS.—The goals of the policy 
shall be— 
‘‘(A) to reduce average per capita peak pe-
riod travel times on an annual basis; 
‘‘(B) to reduce national motor vehicle-re-
lated and truck-related fatalities by 50 percent 
by 2030; 
‘‘(C) to reduce national surface transpor-
tation delays per capita on an annual basis; 
‘‘(D) to improve the access to employment 
opportunities and other economic activities; 
‘‘(E) to increase the percentage of system- 
critical surface transportation assets, as defined 
by the Secretary, that are in a state of good re-
pair by 20 percent by 2030; 
‘‘(F) to improve access to public transpor-
tation, intercity passenger rail services, and 
non-motorized transportation where travel de-
mand warrants; 
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‘‘(G) to reduce passenger and freight 
transportation infrastructure-related delays en-
tering into and out of international points of 
entry on an annual basis; 
‘‘(H) to increase travel time reliability on 
major freight corridors that connect major pop-
ulation centers to freight generators and inter-
national gateways on an annual basis; 
‘‘(I) to ensure adequate transportation of 
domestic energy supplies and promote energy 
security; 
‘‘(J) to maintain or reduce the percentage 
of gross domestic product consumed by trans-
portation costs; and 
‘‘(K) to reduce transportation-related im-
pacts on the environment and on communities. 
‘‘(2) BASELINES.—Not later than 2 years after 
the date of enactment of the Surface Transportation 
and Freight Policy Act of 2012, the Secretary shall 
develop baselines for the goals and shall determine 
appropriate methods of data collection to measure 
the attainment of the goals.’’. 
(b) FREIGHT POLICY.—Subchapter I of chapter 3 of 
title 49, United States Code, as amended by section 
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33002(a) of this Act, is amended by adding at the end 
the following: 
‘‘§ 312. National freight transportation policy. 
‘‘(a) NATIONAL FREIGHT TRANSPORTATION POL-
ICY.—It is the policy of the United States to improve the 
efficiency, operation, and security of the national trans-
portation system to move freight by leveraging invest-
ments and promoting partnerships that advance interstate 
and foreign commerce, promote economic competitiveness 
and job creation, improve the safe and efficient mobility 
of goods, and protect the public health and the environ-
ment. 
‘‘(b) OBJECTIVES.—The objectives of the policy 
are— 
‘‘(1) to target investment in freight transpor-
tation projects that strengthen the economic com-
petitiveness of the United States with a focus on do-
mestic industries and businesses and the creation 
and retention of high-value jobs; 
‘‘(2) to promote and advance energy conserva-
tion and the environmental sustainability of freight 
movements; 
‘‘(3) to facilitate and advance the safety and 
health of the public, including communities adjacent 
to freight movements; 
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‘‘(4) to provide for systematic and balanced in-
vestment to improve the overall performance and re-
liability of the national transportation system to 
move freight, including ensuring trade facilitation 
and transportation system improvements are mutu-
ally supportive; 
‘‘(5) to promote partnerships between Federal, 
State, and local governments, the private sector, and 
other transportation stakeholders to leverage invest-
ments in freight transportation projects; and 
‘‘(6) to encourage adoption of operational poli-
cies, such as intelligent transportation systems, to 
improve the efficiency of freight-related transpor-
tation movements and infrastructure.’’. 
(c) CONFORMING AMENDMENTS.—The table of con-
tents for chapter 3 of title 49, United States Code, is 
amended— 
(1) by redesignating the items relating to sec-
tions 304 through 306 as sections 307 through 309, 
respectively; 
(2) by redesignating the items relating to sec-
tions 308 and 309 as sections 310 and 311, respec-
tively; 
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(3) by redesignating the items relating to sec-
tions 303 and 303a as sections 305 and 306, respec-
tively; 
(4) by inserting after the item relating to sec-
tion 302 the following: 
‘‘303. National surface transportation policy.’’; and 
(5) by inserting after the item relating to sec-
tion 311 the following: 
‘‘312. National freight transportation policy.’’. 
SEC. 33003. SURFACE TRANSPORTATION AND FREIGHT 
STRATEGIC PLAN. 
(a) SURFACE TRANSPORTATION AND FREIGHT STRA-
TEGIC PLAN.—Subchapter I of chapter 3 of title 49, 
United States Code, as amended by section 33002 of this 
Act, is amended by inserting after section 303 the fol-
lowing— 
‘‘§ 304. National surface transportation and freight 
strategic performance plan. 
‘‘(a) DEVELOPMENT.—Not later than 2 years after 
the date of enactment of the Surface Transportation and 
Freight Policy Act of 2012, the Secretary of Transpor-
tation shall develop and implement a National Surface 
Transportation and Freight Performance Plan to achieve 
the policy, objectives, and goals set forth in sections 303 
and 312. 
‘‘(b) CONTENTS.—The plan shall include— 
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‘‘(1) an assessment of the current performance 
of the national surface transportation system and an 
analysis of the system’s ability to achieve the policy, 
objectives, and goals set forth in sections 303 and 
312; 
‘‘(2) an analysis of emerging and long-term pro-
jected trends, including economic and national trade 
policies, that will impact the performance, needs, 
and uses of the national surface transportation sys-
tem, including the system to move freight; 
‘‘(3) a description of the major challenges to ef-
fectively meeting the policy, objectives, and goals set 
forth in sections 303 and 312 and a plan to address 
such challenges; 
‘‘(4) a comprehensive strategy and investment 
plan to meet the policy, objectives, and goals set 
forth in sections 303 and 312, including a strategy 
to develop the coalitions, partnerships, and other col-
laborative financing efforts necessary to ensure sta-
ble, reliable funding and completion of freight cor-
ridors and projects; 
‘‘(5) initiatives to improve transportation mod-
eling, research, data collection, and analysis, includ-
ing those to assess impacts on public health, and en-
vironmental conditions; 
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‘‘(6) guidelines to encourage the appropriate 
balance of means to finance the national transpor-
tation system to move freight to implement the plan 
and the investment plan proposed under paragraph 
(4); and 
‘‘(7) a list of priority freight corridors and gate-
ways to be improved and developed to meet the pol-
icy, objectives, and goals set forth in section 312. 
‘‘(c) CONSULTATION.—In developing the plan re-
quired by subsection (a), the Secretary shall— 
‘‘(1) consult with appropriate Federal agencies, 
local, State, and tribal governments, public and pri-
vate transportation stakeholders, non-profit organi-
zations representing transportation employees, ap-
propriate foreign governments, and other interested 
parties; 
‘‘(2) consider on-going Federal, State, and cor-
ridor-wide transportation plans; 
‘‘(3) provide public notice and hearings and so-
licit public comments on the plan, and 
‘‘(4) as appropriate, establish advisory commit-
tees to assist with developing the plan. 
‘‘(d) SUBMITTAL AND PUBLICATION.—The Secretary 
shall— 
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‘‘(1) submit the completed plan to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives; 
and 
‘‘(2) post the completed plan on the Depart-
ment of Transportation’s public web site. 
‘‘(e) PROGRESS REPORTS.—The Secretary shall sub-
mit biennial progress reports on the implementation of the 
plan beginning 2 years after the date of submittal of the 
plan under subsection (d)(1). Each progress report shall— 
‘‘(1) describe progress made toward fully imple-
menting the plan and achieving the policies, objec-
tives, and goals established under sections 303 and 
312; 
‘‘(2) describe challenges and obstacles to full 
implementation; 
‘‘(3) describe updates to the plan necessary to 
reflect changed circumstances or new developments; 
and 
‘‘(4) make policy and legislative recommenda-
tions the Secretary believes are necessary and appro-
priate to fully implement the plan. 
‘‘(f) DATA.—The Secretary shall have the authority 
to conduct studies, gather information, and require the 
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production of data necessary to develop or update this 
plan, consistent with Federal privacy standards. 
‘‘(g) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) develop appropriate performance criteria 
and data collections systems for each Federal sur-
face transportation program consistent with this 
chapter and the Secretary’s statutory authority with-
in these programs to evaluate: 
‘‘(A) whether such programs are consistent 
with the policy, objectives, and goals established 
by sections 303 and 312; and 
‘‘(B) how effective such programs are in 
contributing to the achievement of the policy, 
objectives, and goals established by sections 303 
and 312; 
‘‘(2) using the criteria developed under para-
graph (1), periodically evaluate each such program 
and provide the results to the public; 
‘‘(3) based on the evaluation performed under 
paragraph (2), make any necessary changes or im-
provements to such programs to ensure such consist-
ency and effectiveness consistent with the Sec-
retary’s statutory authority within these programs; 
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‘‘(4) implement this section in a manner that is 
consistent with sections 302, 5301, 5503, 10101, 
and 13101 of this title and section 101 of title 23; 
‘‘(5) review all relevant surface transportation 
planning requirements to determine whether such re-
gional, State, and local surface transportation plan-
ning efforts funded with Federal funds are con-
sistent with the policy, objectives, and goals estab-
lished by this section; and 
‘‘(6) require States and metropolitan planning 
organizations to report on the use of Federal surface 
transportation funds, consistent with ongoing report-
ing requirements, to provide the Secretary with suf-
ficient information to determine— 
‘‘(A) which projects and priorities were 
funded with such funds; 
‘‘(B) the rationale and method employed 
for apportioning such funds to the projects and 
priorities; and 
‘‘(C) how the obligation of such funds is 
consistent with or advances the policy, objec-
tives, and goals established by sections 303 and 
312 and the statutory sections referenced in 
paragraph (4).’’. 
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(b) CONFORMING AMENDMENT.—The table of con-
tents for chapter 3 of title 49, United States Code, is 
amended by inserting after the item relating to section 
303 the following: 
‘‘304. National surface transportation and freight strategic performance plan.’’. 
SEC. 33004. TRANSPORTATION INVESTMENT DATA AND 
PLANNING TOOLS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall— 
(1) develop new tools or improve existing tools 
to support an outcome-oriented, performance-based 
approach to evaluate proposed freight-related and 
other surface transportation projects. These new or 
improved tools shall include— 
(A) a systematic cost-benefit analysis that 
supports a valuation of modal alternatives; 
(B) an evaluation of external effects on 
congestion, pollution, the environment, and the 
public health; and 
(C) other elements to assist in effective 
transportation planning; and 
(2) facilitate the collection of transportation-re-
lated data to support a broad range of evaluation 
methods and techniques such as demand forecasts, 
modal diversion forecasts, estimates of the effect of 
proposed investments on congestion, pollution, public 
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health, and other factors, to assist in making trans-
portation investment decisions. At a minimum, the 
Secretary, in consultation with other relevant Fed-
eral agencies, shall consider any improvements to 
the Commodity Flow Survey that reduce identified 
freight data gaps and deficiencies and help evaluate 
forecasts of transportation demand. 
(b) CONSULTATION.—To the extent practicable, the 
Secretary shall consult with Federal, State, and local 
transportation planners to develop, improve, and imple-
ment the tools and collect the data under subsection (a). 
(c) ESTABLISHMENT OF PILOT PROGRAM.— 
(1) ESTABLISHMENT.—To assist in the develop-
ment of tools under subsection (a) and to inform the 
National Surface Transportation and Freight Per-
formance Plan required by section 304 of title 49, 
United States Code, the Secretary shall establish a 
pilot program under which the Secretary shall con-
duct case studies of States and metropolitan plan-
ning organizations that are designed— 
(A) to provide more detailed, in-depth 
analysis and data collection with respect to 
transportation programs; and 
(B) to apply rigorous methods of meas-
uring and addressing the effectiveness of pro-
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gram participants in achieving national trans-
portation goals. 
(2) PRELIMINARY REQUIREMENTS.— 
(A) SOLICITATION.—The Secretary shall 
solicit applications to participate in the pilot 
program from States and metropolitan planning 
organizations. 
(B) NOTIFICATION.—A State or metropoli-
tan planning organization that desires to par-
ticipate in the pilot program shall notify the 
Secretary of such desire before a date deter-
mined by the Secretary. 
(C) SELECTION.— 
(i) NUMBER
OF
PROGRAM
PARTICI-
PANTS.—The Secretary shall select to par-
ticipate in the pilot program— 
(I) not fewer than 3, and not 
more than 5, States; and 
(II) not fewer than 3, and not 
more than 5, metropolitan planning 
organizations. 
(ii) TIMING.—The Secretary shall se-
lect program participants not later than 3 
months after the date of enactment of this 
Act. 
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(iii) DIVERSITY OF PROGRAM PARTICI-
PANTS.—The Secretary shall, to the extent 
practicable, select program participants 
that represent a broad range of geographic 
and demographic areas (including rural 
and urban areas) and types of transpor-
tation programs. 
(d) CASE STUDIES.— 
(1) BASELINE
REPORT.—Not later than 6 
months after the date of enactment of this Act, each 
program participant shall submit to the Secretary a 
baseline report that— 
(A) describes the reporting and data collec-
tion processes of the program participant for 
transportation investments that are in effect on 
the date of the report; 
(B) assesses how effective the program 
participant is in achieving the national surface 
transportation goals in section 303 of title 49, 
United States Code; 
(C) describes potential improvements to 
the methods and metrics used to measure the 
effectiveness of the program participant in 
achieving national surface transportation goals 
in section 303 of title 49, United States Code, 
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and the challenges to implementing such im-
provements; and 
(D) includes an assessment of whether, 
and specific reasons why, the preparation and 
submission of the baseline report may be lim-
ited, incomplete, or unduly burdensome, includ-
ing any recommendations for facilitating the 
preparation and submission of similar reports 
in the future. 
(2) EVALUATION.—Each program participant 
shall work cooperatively with the Secretary to evalu-
ate the methods and metrics used to measure the ef-
fectiveness of the program participant in achieving 
national surface transportation goals in section 303 
of title 49, United States Code, including— 
(A) by considering the degree to which 
such methods and metrics take into account— 
(i) the factors that influence the effec-
tiveness of the program participant in 
achieving the national surface transpor-
tation goals; 
(ii) all modes of transportation; and 
(iii) the transportation program as a 
whole, rather than individual projects with-
in the transportation program; and 
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(B) by identifying steps that could be used 
to implement the potential improvements identi-
fied under paragraph (1)(C). 
(3) FINAL REPORT.—Not later than 18 months 
after the date of enactment of this section, each pro-
gram participant shall submit to the Secretary a 
comprehensive final report that— 
(A) contains an updated assessment of the 
effectiveness of the program participant in 
achieving national surface transportation goals 
under section 303 of title 49, United States 
Code; and 
(B) describes the ways in which the per-
formance of the program participant in col-
lecting and reporting data and carrying out the 
transportation program of the program partici-
pant has improved or otherwise changed since 
the date of submission of the baseline report 
under subparagraph (A). 
SEC. 33005. PORT INFRASTRUCTURE DEVELOPMENT INI-
TIATIVE. 
Section 50302(c)(3)(C) of title 46, United States 
Code, is amended to read as follows: 
‘‘(C) TRANSFERS.—Amounts appropriated 
or otherwise made available for any fiscal year 
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for a marine facility or intermodal facility that 
includes maritime transportation may be trans-
ferred, at the option of the recipient of such 
amounts, to the Fund and administered by the 
Administrator as a component of a project 
under the program.’’. 
SEC. 33006. SAFETY FOR MOTORIZED AND NONMOTORIZED 
USERS. 
(a) IN GENERAL.—Chapter 4 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 413. Safety for motorized and nonmotorized users 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Surface Transportation and 
Freight Policy Act of 2012, subject to subsection (b), the 
Secretary shall establish standards to ensure that the de-
sign of Federal surface transportation projects provides 
for the safe and adequate accommodation, in all phases 
of project planning, development, and operation, of all 
users of the transportation network, including motorized 
and nonmotorized users. 
‘‘(b) WAIVER FOR STATE LAW OR POLICY.—The Sec-
retary may waive the application of standards established 
under subsection (a) to a State that has adopted a law 
or policy that provides for the safe and adequate accom-
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modation as certified by the State (or other grantee), in 
all phases of project planning and development, of users 
of the transportation network on federally funded surface 
transportation projects, as determined by the Secretary. 
‘‘(c) COMPLIANCE.— 
‘‘(1) IN GENERAL.—Each State department of 
transportation shall submit to the Secretary, at such 
time, in such manner, and containing such informa-
tion as the Secretary shall require, a report describ-
ing the implementation by the State of measures to 
achieve compliance with this section. 
‘‘(2) DETERMINATION BY SECRETARY.—On re-
ceipt of a report under paragraph (1), the Secretary 
shall determine whether the applicable State has 
achieved compliance with this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘413. Safety for motorized and nonmotorized users.’’. 
SEC. 33007. BUY AMERICA WAIVER REQUIREMENTS. 
(a) NOTICE AND COMMENT OPPORTUNITIES.— 
(1) IN GENERAL.—If the Secretary receives a 
request for a waiver under section 313(b) of title 23, 
United States Code, or under section 24305(f)(4) or 
24405(a)(2) of title 49, United States Code, the 
Secretary shall provide notice of, and an opportunity 
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that contribute toward the efficient movement and 
increased capacity for freight rail operations; 
‘‘(13) a list of capital projects needed to imple-
ment a region’s portion of the national rail plan; 
‘‘(14) a plan for coordinating service and cap-
ital projects with adjacent regions; 
‘‘(15) a plan for crossing international borders, 
as appropriate; 
‘‘(16) a plan for integrating any proposed new 
services with existing service; and 
‘‘(17) a description of how the regional rail plan 
refines and advances the implementation of the na-
tional rail plan. 
‘‘(d) UPDATES.—Not later than 1 year after the pub-
lication of the national rail plan under section 22701 and 
periodically thereafter, the Secretary shall update each re-
gional rail plan— 
‘‘(1) to reflect any material changes to the con-
tents under subsection (c); and 
‘‘(2) to include any changes made to the na-
tional rail plan under section 22701. 
‘‘(e) WAIVER.—The Secretary may waive a content 
requirement under subsection (c) as necessary to accom-
modate a unique characteristic or situation in a region. 
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‘‘§ 22703. State rail plans 
‘‘(a) IN GENERAL.—A State may prepare and main-
tain a State rail plan. A State rail plan shall— 
‘‘(1) be consistent with the national rail plan 
under section 22701; 
‘‘(2) be consistent with the regional rail plans 
under section 22702; 
‘‘(3) coordinate with other State transportation 
planning goals and programs, including the state-
wide transportation plans under section 135 of title 
23, and 
‘‘(4) set forth rail transportation’s role within 
the State’s transportation system. 
‘‘(b) PURPOSES.—The purposes of a State rail plan 
shall be to refine and advance the implementation of the 
national rail plan and relevant regional rail plan under 
sections 22701 and 22702. 
‘‘(c) OBJECTIVES.—The objectives of a State rail 
plan shall be— 
‘‘(1) to set forth the State’s policy on freight 
and intercity passenger rail transportation, including 
commuter rail operations, within the State; 
‘‘(2) to establish the time period covered by the 
State rail plan; 
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‘‘(3) to present the priorities and strategies to 
enhance rail service within the State that benefits 
the public; and 
‘‘(4) to serve as the basis for Federal and State 
rail investments within the State. 
‘‘(d) REQUIREMENTS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish minimum requirements, consistent with sec-
tions 22701 and 22702, for the preparation and 
periodic revision of a State rail plan, including— 
‘‘(A) the establishment or designation of a 
State rail transportation authority to prepare, 
maintain, coordinate, and administer the State 
rail plan; 
‘‘(B) the establishment or designation of a 
State approval authority to approve the State 
rail plan; 
‘‘(C) the submission of the State’s ap-
proved State rail plan to the Secretary for re-
view and approval; and 
‘‘(D) the revision and resubmittal of a 
State-approved State rail plan for review and 
approval by the Secretary not less than once 
every 5 years. 
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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 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.— 
Out of amounts in the Leaking Underground Stor-
age 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 fol-
lowing new paragraph: 
‘‘(3) INCREASE IN FUND BALANCE.—There is 
hereby transferred to the Highway Trust Fund 
amounts appropriated from the Leaking Under-
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(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 employ-
ees who, following their retirement,’’ 
and inserting ‘‘which will be provided 
at retirement to employees who are 
not retired employees at the time of 
the transfer and who’’. 
(c) MAINTENANCE OF EFFORT.— 
(1) IN GENERAL.—Subparagraph (A) of section 
420(c)(3) of the Internal Revenue Code of 1986 is 
amended by inserting ‘‘, and each group-term life in-
surance plan under which applicable life insurance 
benefits are provided,’’ after ‘‘health benefits are 
provided’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Subparagraph (B) of section 420(c)(3) 
of such Code is amended— 
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(i) by redesignating subclauses (I) and 
(II) of clause (i) as subclauses (II) and 
(III) of such clause, respectively, and by 
inserting before subclause (II) of such 
clause, as so redesignated, the following 
new subclause: 
‘‘(I) separately with respect to 
applicable health benefits and applica-
ble life insurance benefits,’’, and 
(ii) by striking ‘‘for applicable health 
benefits’’ and all that follows in clause (ii) 
and inserting ‘‘was provided during such 
taxable year for the benefits with respect 
to which the determination under clause (i) 
is made.’’. 
(B) Subparagraph (C) of section 420(c)(3) 
of such Code is amended— 
(i) by inserting ‘‘for applicable health 
benefits’’ after ‘‘applied separately’’, and 
(ii) by inserting ‘‘, and separately for 
applicable life insurance benefits with 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. 
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(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 
bargained retiree health liabilities’’ each place it 
occurs and inserting ‘‘collectively bargained re-
tiree 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 bene-
fits are provided,’’ in subclause (I) after 
‘‘applicable health benefits are provided’’, 
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(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 
subclause (II), and 
(iv) by inserting ‘‘or collectively bar-
gained life insurance benefits’’ in subclause 
(II) after ‘‘collectively bargained health 
benefits’’. 
(F) Clause (ii) of section 420(f)(2)(D) of 
such Code is amended— 
(i) by inserting ‘‘with respect to appli-
cable health benefits or applicable life in-
surance benefits’’ after ‘‘requirements of 
subsection (c)(3)’’, and 
(ii) by adding at the end the fol-
lowing: ‘‘Such election may be made sepa-
rately with respect to applicable health 
benefits and applicable life insurance bene-
fits. In the case of an election with respect 
to applicable life insurance benefits, the 
first sentence of this clause shall be ap-
plied as if subsection (c)(3) as in effect be-
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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 Sep-
tember 30 of the calendar year pre-
ceding the calendar year in which the 
plan year begins, then the segment 
rate described in such clause with re-
spect to the applicable month shall be 
equal to the applicable minimum per-
centage or the applicable maximum 
percentage of such average, whichever 
is closest. The Secretary shall deter-
mine such average on an annual basis 
and may prescribe equivalent rates for 
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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 
PERCENTAGE.—For purposes of sub-
clause (I), the applicable minimum 
percentage and the applicable max-
imum percentage for a plan year be-
ginning in a calendar year shall be de-
termined in accordance with the fol-
lowing table: 
‘‘If the calendar year is: 
The applica-
ble min-
imum per-
centage is: 
The applica-
ble 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 ‘‘(deter-
mined by not taking into account any adjust-
ment under clause (iv) of subsection (h)(2)(C) 
thereof)’’ before the period. 
(B) Subparagraph (F) of section 430(h)(2) 
of such Code is amended by inserting ‘‘and the 
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‘‘(IV) advanced infrastructure de-
sign methods; 
‘‘(V) accelerated highway and 
bridge construction; 
‘‘(VI) performance-based speci-
fications; 
‘‘(VII) construction and materials 
quality assurance; 
‘‘(VIII) comprehensive and inte-
grated infrastructure asset manage-
ment; 
‘‘(IX) infrastructure safety assur-
ance; 
‘‘(X) highway infrastructure se-
curity; 
‘‘(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 infra-
structure; 
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