413 
‘‘(i) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If 
the 
metropolitan 
planning 
process of an MPO serving a transpor-
tation management area is not certified, 
the Secretary may withhold up to 20 per-
cent of the funds attributable to the metro-
politan planning area of the MPO for 
projects funded under title 23 and chapter 
53 of this title. 
‘‘(ii) RESTORATION
OF
WITHHELD 
FUNDS.—The withheld funds shall be re-
stored to the metropolitan planning area at 
such time as the metropolitan planning 
process is certified by the Secretary. 
‘‘(D) REVIEW
OF
CERTIFICATION.—In 
making certification determinations under this 
paragraph, the Secretary shall provide for pub-
lic involvement appropriate to the metropolitan 
area under review. 
‘‘(j) ABBREVIATED PLANS FOR CERTAIN AREAS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
in the case of a metropolitan area not designated as 
a transportation management area under this sec-
tion, the Secretary may provide for the development 
of an abbreviated metropolitan long-range transpor-
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tation plan and TIP for the metropolitan planning 
area that the Secretary determines is appropriate to 
achieve the purposes of this section, taking into ac-
count the complexity of transportation problems in 
the area. 
‘‘(2) NONATTAINMENT AREAS.—The Secretary 
may not permit abbreviated plans or TIPs for a 
metropolitan area that is in nonattainment for ozone 
or carbon monoxide under the Clean Air Act. 
‘‘(k) ADDITIONAL REQUIREMENTS
FOR CERTAIN 
NONATTAINMENT AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of title 23, this chapter, or chapter 53 of 
this title, for transportation management areas clas-
sified as nonattainment for ozone or carbon mon-
oxide pursuant to the Clean Air Act, Federal funds 
may not be advanced in such area for any highway 
project that will result in a significant increase in 
the carrying capacity for single-occupant vehicles un-
less the project is addressed through a congestion 
management process. 
‘‘(2) APPLICABILITY.—This subsection applies 
to a nonattainment area within the metropolitan 
planning area boundaries determined under sub-
section (c). 
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‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to confer on an 
MPO the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under title 23 or chapter 53 of this title. 
‘‘(m) FUNDING.—Funds set aside under section 
104(f) of title 23 or section 5305(g) of this title shall be 
available to carry out this section. 
‘‘(n) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.—Since 
metropolitan 
long-range 
transportation 
plans and TIPs are subject to a reasonable opportunity 
for public comment, since individual projects included in 
such plans and TIPs are subject to review under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning 
such plans and TIPs have not been reviewed under that 
Act as of January 1, 1997, any decision by the Secretary 
concerning such plans and TIPs shall not be considered 
to be a Federal action subject to review under that Act. 
‘‘§ 5204. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT
OF
PLANS
AND
PRO-
GRAMS.—To accomplish the objectives stated in sec-
tion 5201, a State shall develop a statewide strategic 
long-range transportation plan and a statewide 
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transportation improvement program for all areas of 
the State, subject to section 5203. 
‘‘(2) CONTENTS.—Statewide strategic long- 
range transportation plans and TIPs shall provide 
for the development and integrated management and 
operation of transportation systems and facilities 
(including accessible pedestrian walkways, bicycle 
transportation facilities, and intermodal facilities 
that support intercity transportation, including 
intercity buses and intercity bus facilities) that will 
function as an intermodal transportation system for 
the State and an integral part of an intermodal 
transportation system for the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing statewide strategic long-range trans-
portation plans and TIPs shall provide for consider-
ation of all modes of transportation and the policies 
stated in section 5201, and shall be continuing, co-
operative, and comprehensive to the degree appro-
priate, based on the complexity of the transportation 
problems to be addressed. 
‘‘(b) COORDINATION WITH METROPOLITAN PLAN-
NING; STATE IMPLEMENTATION PLAN.—A State shall— 
‘‘(1) coordinate planning carried out under this 
section with the transportation planning activities 
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carried out under section 5203 for metropolitan 
areas of the State and with statewide trade and eco-
nomic development planning activities and related 
multistate planning efforts; and 
‘‘(2) develop the transportation portion of the 
State implementation plan as required by the Clean 
Air Act (42 U.S.C. 7401 et seq.). 
‘‘(c) INTERSTATE AGREEMENTS.— 
‘‘(1) IN GENERAL.—The consent of Congress is 
granted to 2 or more States entering into agree-
ments or compacts, not in conflict with any law of 
the United States, for cooperative efforts and mu-
tual assistance in support of activities authorized 
under this section related to interstate areas and lo-
calities in the States and establishing authorities the 
States consider desirable for making the agreements 
and compacts effective. 
‘‘(2) RESERVATION OF RIGHTS.—The right to 
alter, amend, or repeal interstate compacts entered 
into under this subsection is expressly reserved. 
‘‘(d) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—A State shall carry out a 
statewide transportation planning process that pro-
vides for consideration and implementation of 
projects, strategies, and services that will— 
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‘‘(A) support the economic vitality of the 
United States, the States, nonmetropolitan 
areas, and metropolitan areas, especially by en-
abling global competitiveness, productivity, and 
efficiency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of people and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes throughout the 
State, for people and freight; 
‘‘(G) promote efficient system management 
and operation; and 
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‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to consider any factor specified in paragraph 
(1) shall not be reviewable by any court under title 
23, chapter 53 of this title, subchapter II of chapter 
5 of title 5, or chapter 7 of title 5 in any matter af-
fecting a statewide strategic long-range transpor-
tation plan or TIP, a project or strategy, or the cer-
tification of a planning process. 
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out 
planning under this section, a State shall, at a minimum— 
‘‘(1) with respect to nonmetropolitan areas, co-
operate with affected nonmetropolitan local officials 
or, if applicable, through regional transportation 
planning organizations described in subsection (k); 
‘‘(2) consider the concerns of Indian tribal gov-
ernments and Federal land management agencies 
that have jurisdiction over land within the bound-
aries of the State; and 
‘‘(3) coordinate statewide long-range transpor-
tation plans and TIPs and planning activities with 
related planning activities being carried out outside 
of metropolitan planning areas and between States. 
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‘‘(f) STATEWIDE STRATEGIC LONG-RANGE TRANS-
PORTATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—A State shall develop 
a statewide strategic long-range transportation 
plan, with a minimum 20-year forecast period 
for all areas of the State, that provides for the 
development and implementation of the inter-
modal interconnected transportation system of 
the State. 
‘‘(B) STATEWIDE STRATEGIC LONG-RANGE 
TRANSPORTATION PLAN REQUIREMENTS.— 
‘‘(i) NATIONAL TRANSPORTATION STA-
TISTICS.—In developing a statewide stra-
tegic long-range transportation plan, the 
State shall consider the data and factors 
disseminated by the Secretary pursuant to 
section 5205(b) for that particular State. 
‘‘(ii) 
TRANSPORTATION
PROJECTS 
THAT ARE OF STATEWIDE, REGIONAL, AND 
NATIONAL IMPORTANCE.—The State shall 
identify transportation projects across all 
modes of transportation in the State that 
have statewide, regional, and national sig-
nificance. In identifying these projects, the 
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State shall consider the factors described 
in section 5205(b). 
‘‘(iii) STATES WITH CONGESTED AIR-
PORTS.—If a State has an airport in its 
jurisdiction that had at least 1 percent of 
all delayed aircraft operations in the 
United States, as identified by the Federal 
Aviation Administration’s Airport Capacity 
Benchmark Report, the statewide strategic 
long-range transportation plan shall in-
clude measures to alleviate congestion at 
that airport either through expansion or 
the development of additional facilities. 
‘‘(iv) 
STATES
WITH
CONGESTED 
FREIGHT RAIL CORRIDORS.—If data from 
the Department of Transportation and the 
freight railroad industry project that a 
State has freight railroad corridors that 
operate at levels of service that are at or 
exceed capacity, the statewide strategic 
long-range transportation plan shall in-
clude measures by which the State depart-
ment of transportation and the freight rail-
roads provide relief for the congested cor-
ridors. 
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‘‘(v) STATES
WITH
DEEP
DRAFT 
PORTS.—If a State has a deep draft port, 
the statewide strategic long-range trans-
portation plan shall take into account any 
plan for expansion at that port and any 
projected increase in shipping traffic at 
that port. 
‘‘(vi) STATES
WITH
NAVIGABLE
IN-
LAND WATERWAYS.—A State that has nav-
igable inland waterways shall include in its 
statewide strategic long-range transpor-
tation plan any plans to use those water-
ways to facilitate the efficient and reliable 
transportation of freight and people. 
‘‘(vii) 
PROJECT 
INTERCONNECTIVITY.—In 
developing 
a 
statewide strategic long-range transpor-
tation 
plan, 
the 
State 
shall 
ensure 
interconnectivity for freight and passengers 
between different facilities and between 
different modes of transportation. 
‘‘(viii) 
COST
ESTIMATES
FOR 
PROJECTS THAT ARE OF STATEWIDE, RE-
GIONAL, AND NATIONAL IMPORTANCE.—In 
developing the statewide strategic long- 
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range transportation plan, the State shall 
include estimates of the costs of each of 
the projects identified in clause (ii). 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN AREAS.—The state-
wide strategic long-range transportation plan 
shall be developed for each metropolitan area in 
the State in cooperation with the metropolitan 
planning organization designated for the metro-
politan area under section 5203. 
‘‘(B) NONMETROPOLITAN
AREAS.—With 
respect to nonmetropolitan areas, the statewide 
strategic long-range transportation plan shall be 
developed in cooperation with affected non-
metropolitan local officials or, if applicable, 
through regional transportation planning orga-
nizations described in subsection (k). 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to an area of the State under the jurisdiction 
of an Indian tribal government, the statewide 
strategic long-range transportation plan shall be 
developed in consultation with the tribal govern-
ment and the Secretary of the Interior. 
‘‘(D) CONSULTATION; COMPARISONS.— 
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‘‘(i) 
CONSULTATION.—A 
statewide 
strategic long-range transportation plan 
shall be developed, as appropriate, in con-
sultation with State, tribal, regional, and 
local agencies responsible for land use 
management, natural resources, environ-
mental protection, conservation, and his-
toric preservation. 
‘‘(ii) 
COMPARISONS.—Consultation 
under clause (i) shall involve, as appro-
priate, comparison of statewide strategic 
long-range transportation plans— 
‘‘(I) to State and tribal conserva-
tion plans and maps, if available; and 
‘‘(II) to inventories of natural 
and historic resources, if available. 
‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.— 
‘‘(A) IN GENERAL.—The State shall pro-
vide citizens, affected public agencies, rep-
resentatives of public transportation employees, 
freight shippers, providers of freight transpor-
tation services, private providers of transpor-
tation, including intercity bus services, rep-
resentatives of users of public transportation, 
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representatives of users of pedestrian walkways 
and bicycle transportation facilities, representa-
tives of the disabled, and other interested par-
ties with a reasonable opportunity to comment 
on the statewide strategic long-range transpor-
tation plan. 
‘‘(B) METHODS.—In carrying out subpara-
graph (A), the State shall, to the maximum ex-
tent practicable— 
‘‘(i) hold any public meetings at con-
venient and accessible locations and times; 
‘‘(ii) employ visualization techniques 
to describe plans; and 
‘‘(iii) make public information avail-
able in electronically accessible format and 
means, such as the Internet, as appro-
priate to afford a reasonable opportunity 
for consideration of public information 
under subparagraph (A). 
‘‘(4) MITIGATION ACTIVITIES.— 
‘‘(A) IN GENERAL.—A statewide strategic 
long-range transportation plan shall include a 
discussion of potential environmental mitigation 
activities and potential areas to carry out these 
activities, including activities that may have the 
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greatest potential to restore and maintain the 
environmental functions affected by the plan. 
‘‘(B) 
CONSULTATION.—The 
discussion 
shall be developed in consultation with Federal, 
State, and tribal wildlife, land management, 
and regulatory agencies. 
‘‘(5) FINANCIAL
PLAN.—The statewide stra-
tegic long-range transportation plan may include a 
financial plan that— 
‘‘(A) demonstrates how the adopted state-
wide strategic long-range transportation plan 
can be implemented; 
‘‘(B) indicates resources from public and 
private sources that are reasonably expected to 
be made available to carry out the statewide 
strategic long-range transportation plan; 
‘‘(C) recommends any additional financing 
strategies for needed projects and programs; 
and 
‘‘(D) may include, for illustrative purposes, 
additional projects that would be included in 
the adopted statewide strategic long-range 
transportation plan if reasonable additional re-
sources beyond those identified in the financial 
plan were available. 
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‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—A State shall not be required to se-
lect any project from the illustrative list of addi-
tional projects included in the financial plan de-
scribed in paragraph (5). 
‘‘(7) EXISTING SYSTEM.—A statewide strategic 
long-range transportation plan should include cap-
ital, operations, and management strategies, invest-
ments, procedures, and other measures to ensure the 
preservation and most efficient use of the existing 
transportation system. 
‘‘(8) INTERCITY
BUS.—A statewide strategic 
long-range transportation plan shall consider the 
role intercity buses may play in reducing congestion, 
pollution, and energy consumption in a cost-effective 
manner and strategies and investments that preserve 
and enhance intercity bus systems, including sys-
tems that are privately owned and operated. 
‘‘(9) PUBLICATION OF STATEWIDE STRATEGIC 
LONG-RANGE
TRANSPORTATION
PLANS.—A state-
wide strategic long-range transportation plan pre-
pared by a State shall be published or otherwise 
made available, including to the maximum extent 
practicable in electronically accessible formats and 
means, such as the Internet. 
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‘‘(g) STATEWIDE TIP.— 
‘‘(1) DEVELOPMENT.—A State shall develop a 
statewide TIP for all areas of the State. Such pro-
gram shall cover a period of 4 years and be updated 
every 4 years or more frequently if the Governor 
elects to update more frequently. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN
AREAS.—With re-
spect to a metropolitan area in the State, the 
program shall be developed in cooperation with 
the MPO designated for the metropolitan area 
under section 5203. 
‘‘(B) NONMETROPOLITAN
AREAS.—With 
respect to a nonmetropolitan area in the State, 
the program shall be developed in cooperation 
with affected nonmetropolitan local officials or, 
if applicable, through regional transportation 
planning organizations described in subsection 
(k). 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to an area of the State under the jurisdiction 
of an Indian tribal government, the program 
shall be developed in consultation with the trib-
al government and the Secretary of the Interior. 
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‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the program, the State shall 
provide citizens, affected public agencies, representa-
tives of public transportation employees, freight 
shippers, private providers of transportation, pro-
viders of freight transportation services, representa-
tives of users of public transportation, representa-
tives of users of pedestrian walkways and bicycle 
transportation facilities, representatives of the dis-
abled, and other interested parties with a reasonable 
opportunity to comment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.— 
‘‘(A) IN GENERAL.—A statewide TIP de-
veloped for a State shall include federally sup-
ported 
surface 
transportation 
expenditures 
within the boundaries of the State. 
‘‘(B) LISTING OF PROJECTS.—An annual 
listing of projects for which funds have been ob-
ligated in the preceding year in each metropoli-
tan planning area shall be published or other-
wise made available by the cooperative effort of 
the State, public transportation operator, and 
the MPO for public review. The listing shall be 
consistent with the funding categories identified 
in each metropolitan TIP. 
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‘‘(C) PROJECTS
UNDER
CHAPTER
OF 
TITLE 23.— 
‘‘(i) 
REGIONALLY
SIGNIFICANT 
PROJECTS.—Regionally significant projects 
proposed for funding under chapter 2 of 
title 23 shall be identified individually in 
the statewide TIP. 
‘‘(ii) 
OTHER
PROJECTS.—Projects 
proposed for funding under such chapter 
that are not determined to be regionally 
significant shall be grouped in one line 
item or identified individually in the state-
wide TIP. 
‘‘(D) 
CONSISTENCY
WITH
STATEWIDE 
STRATEGIC
LONG-RANGE
TRANSPORTATION 
PLAN.—A project shall be— 
‘‘(i) consistent with the statewide 
strategic long-range transportation plan 
developed under this section for the State; 
‘‘(ii) identical to the project or phase 
of the project as described in an approved 
metropolitan 
long-range 
transportation 
plan; 
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‘‘(iii) identical to the project or phase 
of the project as described in a metropoli-
tan TIP approved by the Governor; and 
‘‘(iv) in conformance with the applica-
ble State air quality implementation plan 
developed under the Clean Air Act, if the 
project is carried out in an area designated 
as nonattainment for ozone, particulate 
matter, or carbon monoxide under that 
Act. 
‘‘(E) 
REQUIREMENT
OF
ANTICIPATED 
FULL FUNDING.—The statewide TIP shall in-
clude a project, or the identified phase of a 
project, only if full funding can reasonably be 
anticipated to be available for the project or the 
identified phase within the time period con-
templated for completion of the project or the 
identified phase. 
‘‘(F) FINANCIAL
PLAN.—The statewide 
TIP may include a financial plan that— 
‘‘(i) demonstrates how the approved 
statewide TIP can be implemented; 
‘‘(ii) indicates resources from public 
and private sources that are reasonably ex-
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pected to be made available to carry out 
the statewide TIP; 
‘‘(iii) recommends any additional fi-
nancing strategies for needed projects and 
programs; and 
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the adopted statewide TIP if rea-
sonable additional resources beyond those 
identified in the financial plan were avail-
able. 
‘‘(G) SELECTION OF PROJECTS FROM IL-
LUSTRATIVE LIST.— 
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (F), a State 
shall not be required to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (F). 
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—An action by the Secretary shall 
be required for a State to select any 
project from the illustrative list of addi-
tional projects included in the financial 
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plan under subparagraph (F) for inclusion 
in an approved statewide TIP. 
‘‘(H) PRIORITIES.—The statewide TIP 
shall reflect the priorities for programming and 
expenditures of funds required by title 23, this 
chapter, and chapter 53 of this title. 
‘‘(5) PROJECT SELECTION FOR AREAS WITHOUT 
MPOS.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), projects carried out in areas 
without a designated MPO shall be selected 
from the approved statewide TIP by the State 
in cooperation with affected nonmetropolitan 
local officials or, if applicable, through regional 
transportation planning organizations described 
in subsection (k). 
‘‘(B) NHS PROJECTS.—Projects carried 
out on the National Highway System under 
title 23 or under sections 5311 and 5317 of 
this title in areas without a designated MPO 
shall be selected from the approved statewide 
TIP by the State in consultation with affected 
nonmetropolitan local officials. 
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‘‘(6) TIP APPROVAL.—Every 4 years, a state-
wide TIP shall be reviewed and approved by the Sec-
retary if based on a current planning finding. 
‘‘(7) PLANNING FINDING.—A finding shall be 
made by the Secretary at least once every 4 years 
that the transportation planning process through 
which statewide strategic long-range transportation 
plans and TIPs are developed is consistent with this 
section and section 5203. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 
Notwithstanding any other provision of law, action 
by the Secretary shall not be required to advance a 
project included in the approved statewide TIP in 
place of another project in the program. 
‘‘(h) FUNDING.—Funds set aside pursuant to sec-
tions 104(f) and 505 of title 23 and section 5305(g) of 
this title shall be available to carry out this section. 
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT PROCESSES.—For purposes of 
this section and section 5203, State laws, rules, or regula-
tions pertaining to congestion management systems or 
programs may constitute the congestion management 
process under this section and section 5203 if the Sec-
retary finds that the State laws, rules, or regulations are 
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consistent with, and fulfill the intent of, the purposes of 
this section and section 5203, as appropriate. 
‘‘(j) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since statewide strategic long-range transpor-
tation plans and TIPs are subject to a reasonable oppor-
tunity for public comment, individual projects included in 
such plans and TIPs are subject to review under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and decisions by the Secretary concerning such 
plans and TIPs have not been reviewed under that Act 
as of January 1, 1997, any decision by the Secretary con-
cerning such plans and TIPS shall not be considered to 
be a Federal action subject to review under that Act. 
‘‘(k) DESIGNATION OF REGIONAL TRANSPORTATION 
PLANNING ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, a 
State may establish and designate regional transpor-
tation planning organizations to enhance the plan-
ning, coordination, and implementation of statewide 
strategic long-range transportation plans and TIPs, 
with an emphasis on addressing the needs of non-
metropolitan areas of the State. 
‘‘(2) STRUCTURE.—A regional transportation 
planning organization shall be established as a 
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multi-jurisdictional organization of volunteers from 
nonmetropolitan local officials or their designees and 
representatives of local transportation systems. 
‘‘(3) REQUIREMENTS.—A regional transpor-
tation planning organization shall establish, at a 
minimum— 
‘‘(A) a policy committee, the majority of 
which shall consist of nonmetropolitan local of-
ficials, or their designees, and which shall also 
include, as appropriate, additional representa-
tives from the State, private business, transpor-
tation service providers, economic development 
practitioners, and the public in the region; and 
‘‘(B) a fiscal and administrative agent, 
such as an existing regional planning and devel-
opment organization, to provide professional 
planning, management, and administrative sup-
port. 
‘‘(4) DUTIES.—The duties of a regional trans-
portation planning organization shall include— 
‘‘(A) developing and maintaining, in co-
operation with the State, regional long-range 
multimodal transportation plans; 
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‘‘(B) developing a regional transportation 
improvement program for consideration by the 
State; 
‘‘(C) fostering the coordination of local 
planning, land use, and economic development 
plans with State, regional, and local transpor-
tation plans and programs; 
‘‘(D) providing technical assistance to local 
officials; 
‘‘(E) participating in national, multistate, 
and State policy and planning development 
processes to ensure the regional and local input 
of nonmetropolitan areas; 
‘‘(F) providing a forum for public partici-
pation in the statewide and regional transpor-
tation planning processes; 
‘‘(G) considering and sharing plans and 
programs with neighboring regional transpor-
tation planning organizations, MPOs, and, 
where appropriate, tribal organizations; and 
‘‘(H) conducting other duties, as nec-
essary, to support and enhance the statewide 
planning process under subsection (d). 
‘‘(5) STATES WITHOUT REGIONAL TRANSPOR-
TATION
PLANNING
ORGANIZATIONS.—If a State 
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chooses not to establish or designate a regional 
transportation planning organization, the State shall 
consult with affected nonmetropolitan local officials 
to determine projects that may be of regional signifi-
cance. 
‘‘§ 5205. National strategic transportation plan 
‘‘(a) DEVELOPMENT
OF
NATIONAL
STRATEGIC 
TRANSPORTATION PLAN.— 
‘‘(1) DEVELOPMENT OF PLAN.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with State departments of transpor-
tation, shall develop a national strategic trans-
portation plan (in this section referred to as the 
‘national plan’) in accordance with the require-
ments of this section. 
‘‘(B) SOLICITATION.—Not later than 30 
days after the date of enactment of this section, 
the Secretary shall publish in the Federal Reg-
ister a solicitation requesting each State depart-
ment of transportation to submit to the Sec-
retary, not later than 90 days after such date 
of enactment, a list of projects that the State 
recommends for inclusion in the national plan. 
‘‘(C) STATE SELECTION OF PROJECTS.—In 
selecting projects under subparagraph (B), a 
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State department of transportation shall con-
sider the elements of the national plan de-
scribed in paragraph (2). 
‘‘(D) FAILURE TO SUBMIT RECOMMENDA-
TIONS.—If a State does not submit a list of rec-
ommended projects in accordance with this 
paragraph, the Secretary shall select projects in 
the State that will be considered for inclusion in 
the national plan. 
‘‘(E) SELECTION OF PROJECTS.—Not later 
than 60 days after the date on which the Sec-
retary receives a list of recommended projects 
from a State department of transportation 
under this paragraph, the Secretary shall review 
the list and select projects from the list for in-
clusion in the national plan. 
‘‘(F) BASIS FOR SELECTION.—In selecting 
projects for inclusion in the national plan, the 
Secretary shall consider, at a minimum— 
‘‘(i) the projects recommended by 
State departments of transportation under 
this paragraph; 
‘‘(ii) the ability of projects to improve 
mobility by increasing transportation op-
tions for passengers and freight; 
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‘‘(iii) the degree to which projects cre-
ate intermodal links between different 
modes of transportation, including pas-
senger and freight rail, public transpor-
tation, intercity bus, airports, seaports, 
and navigable inland waterways; and 
‘‘(iv) the ability of projects to gen-
erate national economic benefits, includ-
ing— 
‘‘(I) improvements to economic 
productivity through congestion relief; 
and 
‘‘(II) improvements to passenger 
and freight movement. 
‘‘(2) ELEMENTS OF NATIONAL PLAN.— 
‘‘(A) ROLE
OF
STATEWIDE
STRATEGIC 
LONG-RANGE
TRANSPORTATION
PLANS.—The 
national plan shall be modeled after the state-
wide strategic long-range transportation plans 
developed under section 5204(f). 
‘‘(B) NATIONAL
AND
REGIONAL
TRANS-
PORTATION PROJECTS.—Giving emphasis to the 
facilities that serve important national and re-
gional transportation functions, the national 
plan shall include an identification of transpor-
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tation projects (including major roadways, pub-
lic transportation facilities, intercity bus facili-
ties, multimodal and intermodal facilities, and 
intermodal connectors) that facilitate the devel-
opment of— 
‘‘(i) a national transportation system; 
and 
‘‘(ii) an integrated regional transpor-
tation system. 
‘‘(C) 
INTERCONNECTIVITY
BETWEEN 
STATES AND REGIONS.—The national plan shall 
ensure a level of interconnectivity among trans-
portation facilities and strategies at State and 
regional borders. 
‘‘(D) 
IDENTIFICATION
OF
POTENTIAL 
HIGH-SPEED INTERCITY RAIL CORRIDORS AND 
SHIPPING ROUTES.—In developing the national 
plan, the Secretary, in consultation with State 
departments of transportation, shall identify po-
tential high-speed passenger rail projects and 
potential short seas shipping routes. 
‘‘(E) INTERCITY BUS NETWORK.—The na-
tional plan shall identify projects to preserve 
and expand the Nation’s intercity bus network 
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and provide interconnectivity to other forms of 
intercity and local transportation. 
‘‘(F) COST ESTIMATES FOR PROJECTS.—In 
developing the national plan, the Secretary shall 
include estimates of the costs of each of the 
projects and strategies identified in the national 
plan and a total cost of all of the projects and 
strategies identified in the national plan. 
‘‘(3) ISSUANCE AND UPDATING OF NATIONAL 
PLAN.— 
‘‘(A) ISSUANCE.—Not later than April 30, 
2014, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Com-
mittee on Environment and Public Works, the 
Committee on Banking, Housing, and Urban 
Affairs, and the Committee on Commerce, 
Science, and Transportation of the Senate the 
national plan developed under this section. 
‘‘(B) UPDATES.—At least once every 2 
years after the date of submission of the na-
tional plan under subparagraph (A), the Sec-
retary— 
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‘‘(i) in consultation with State depart-
ments of transportation, shall update the 
national plan; and 
‘‘(ii) shall submit the updated national 
plan to the committees referred to in sub-
paragraph (A). 
‘‘(b) DISSEMINATION
OF TRANSPORTATION DATA 
AND STATISTICS
FOR DEVELOPMENT
OF STRATEGIC 
LONG-RANGE TRANSPORTATION PLANS.— 
‘‘(1) IN
GENERAL.—The Secretary shall de-
velop, and disseminate to the States, relevant long- 
range transportation data and statistics that a State 
or the Secretary, as the case may be, shall use in the 
development of statewide, regional, and national 
strategic long-range transportation plans. 
‘‘(2) TYPES
OF
TRANSPORTATION
DATA
AND 
STATISTICS TO BE DEVELOPED.—The data and sta-
tistics referred to in paragraph (1) shall include, at 
a minimum, 20-year projections— 
‘‘(A) of population growth in each State; 
‘‘(B) from the Department of Transpor-
tation’s Freight Analysis Framework (referred 
to in this paragraph as ‘FAF’), including pro-
jections for annual average daily truck flow on 
specific highway routes; 
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‘‘(C) from the Department of Transpor-
tation’s Highway Performance Monitoring Sys-
tem (referred to in this paragraph as ‘HPMS’) 
of estimated peak period congestion on major 
highway routes or segments of routes and in 
metropolitan areas; 
‘‘(D) from HPMS and FAF of estimated 
traffic volumes on segments of highway that are 
projected to be classified as moderately or high-
ly congested; 
‘‘(E) from HPMS and FAF for highway 
bottlenecks; 
‘‘(F) of public transportation use in urban-
ized areas, including for each urbanized area a 
comparison of estimated ridership growth and 
estimated public transportation revenue vehicle 
miles to available system capacity and current 
service levels; 
‘‘(G) of aviation passenger enplanements 
and cargo ton miles flown; 
‘‘(H) of increases in unmanned aerial sys-
tem and general aviation active aircraft and 
hours flown; 
‘‘(I) of capacity-constrained airports and 
congested air traffic routes; 
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‘‘(J) of passenger demand for suborbital 
space tourism; 
‘‘(K) of demand on major freight rail lines; 
‘‘(L) of shipping traffic at United States 
ports; and 
‘‘(M) of intercity bus and passenger rail 
ridership demand. 
‘‘§ 5206. National performance management system 
‘‘(a) ESTABLISHMENT OF NATIONAL PERFORMANCE 
MANAGEMENT SYSTEM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a national performance management system 
to track the Nation’s progress toward broad national 
performance goals for the Nation’s highway and 
public transportation systems. 
‘‘(2) COMPONENTS.—The National Perform-
ance Management System shall include the following 
components: 
‘‘(A) A national performance management 
goal. 
‘‘(B) Core performance measures. 
‘‘(C) Technical guidance. 
‘‘(D) A State performance management 
process, including— 
‘‘(i) performance targets; 
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‘‘(ii) strategies; and 
‘‘(iii) reporting requirements. 
‘‘(b) 
NATIONAL
PERFORMANCE
MANAGEMENT 
GOAL.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish, in broad qualitative terms, a national per-
formance management goal for the Nation’s highway 
and public transportation systems to ensure eco-
nomic growth, safety improvement, and increased 
mobility. 
‘‘(2) CONSISTENCY WITH NATIONAL STRATEGIC 
TRANSPORTATION
PLAN.—The national strategic 
transportation plan, to the greatest extent prac-
ticable, shall be consistent with the national per-
formance management goal. 
‘‘(c) CORE PERFORMANCE MEASURES.— 
‘‘(1) ESTABLISHMENT.—Not later than 2 years 
after the date of enactment of this section, the Sec-
retary, in collaboration with the States, metropolitan 
planning organizations, and public transportation 
agencies through the process described in paragraph 
(4) shall establish core performance measures. 
‘‘(2) IMPLEMENTATION.—A State shall be re-
quired to implement the core performance measures 
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as part of the State’s performance management 
process established in subsection (e). 
‘‘(3) 
CATEGORIES.—The 
core 
performance 
measures shall include not more than 2 measures 
from each of the following categories: 
‘‘(A) Pavement condition on the National 
Highway System. 
‘‘(B) Bridge condition on the National 
Highway System. 
‘‘(C) Highway and motor carrier safety. 
‘‘(D) Highway safety infrastructure asset 
management. 
‘‘(E) Bike and pedestrian safety. 
‘‘(F) Highway congestion. 
‘‘(G) Air emissions and energy consump-
tion. 
‘‘(H) Freight mobility. 
‘‘(I) Public transportation state of good re-
pair. 
‘‘(J) Public transportation service avail-
ability. 
‘‘(K) Rural connectivity. 
‘‘(4) PROCESS.—The core performance meas-
ures shall be established under the following process: 
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‘‘(A) At any time after the date of enact-
ment of this section, the State departments of 
transportation (in consultation with metropoli-
tan planning organizations and public transpor-
tation agencies), acting through their national 
organization, may jointly submit to the Sec-
retary a complete set of recommended core per-
formance measures for use in statewide trans-
portation planning. 
‘‘(B) The Secretary shall give substantial 
weight to the recommendations submitted by 
the State departments of transportation, if such 
recommendations are submitted not later than 
18 months after enactment of this section. 
‘‘(C) After consultation with the State de-
partments of transportation regarding the rec-
ommendations, the Secretary shall issue a no-
tice in the Federal Register announcing the 
Secretary’s proposed set of core performance 
measures and providing an opportunity for 
comment. 
‘‘(D) After considering any comments, the 
Secretary shall publish a notice in the Federal 
Register not later than 2 years after the date 
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of enactment of this section announcing the 
final set of core performance measures. 
‘‘(d) TECHNICAL GUIDANCE.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the Secretary publishes the final set of core 
performance measures in the Federal Register under 
subsection (c)(4)(D), the Secretary shall issue tech-
nical guidance, including a uniform methodology for 
collecting data, for use by the States in applying the 
core performance measures. 
‘‘(2) DEVELOPMENT.—The Secretary shall— 
‘‘(A) develop the technical guidance in col-
laboration with the State departments of trans-
portation; 
‘‘(B) give substantial weight to any rec-
ommendations submitted by the State depart-
ments of transportation through their national 
organization, if such recommendations are sub-
mitted not later than 3 months after the Sec-
retary publishes the final set of core perform-
ance measures in the Federal Register under 
subsection (c)(4)(D); and 
‘‘(C) provide a reasonable opportunity for 
State departments of transportation to com-
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ment on the technical guidance before it is 
issued. 
‘‘(e) STATE PERFORMANCE MANAGEMENT PROC-
ESS.— 
‘‘(1) ESTABLISHMENT OF PERFORMANCE TAR-
GETS.— 
‘‘(A) INITIAL TARGETS.—Not later than 1 
year after the Secretary publishes the final set 
of core performance measures in the Federal 
Register under subsection (c)(4)(D), a State 
shall amend its statewide strategic long-range 
transportation plan to include a target level of 
performance for each of the core performance 
measures. 
‘‘(B) REVISIONS
TO
TARGETS.—A State 
may revise its performance targets for the core 
performance measures at any time by amending 
its statewide strategic long-range transportation 
plan and resubmitting the plan to the Sec-
retary. 
‘‘(2) REPORTING REQUIREMENTS.— 
‘‘(A) IN GENERAL.—In order to improve 
the outcomes of the transportation planning 
process, the States shall implement a national 
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performance reporting process in accordance 
with subparagraphs (B) and (C). 
‘‘(B) BASELINE REPORT.—Not later than 
6 months after adopting its initial performance 
targets for the core performance measures pur-
suant to paragraph (1)(A), a State shall publish 
a baseline report including data from the most 
recent year for which data is available for the 
full set of core performance measures. 
‘‘(C) ANNUAL
PROGRESS
REPORTS.—Not 
later than 18 months after publication of the 
baseline report, and annually thereafter, a State 
shall publish a report documenting the progress 
that the State has made in meeting its perform-
ance targets for the core performance meas-
ures.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) SUBTITLE
ANALYSIS.—The analysis for 
subtitle III of title 49, United States Code, is 
amended by inserting after the item relating to 
chapter 51 the following: 
‘‘52. Transportation Planning ....................................................... 5201.’’. 
(2) METROPOLITAN
TRANSPORTATION
PLAN-
NING.— 
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(A) TITLE 23.—Section 134 of title 23, 
United States Code, is amended to read as fol-
lows: 
‘‘§ 134. Metropolitan transportation planning 
‘‘Metropolitan transportation planning programs 
funded under section 104(f) shall be carried out in accord-
ance with the metropolitan planning provisions of section 
5203 of title 49, United States Code.’’. 
(B) CHAPTER
OF
TITLE
49.—Section 
5303 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 5303. Metropolitan transportation planning 
‘‘Metropolitan transportation planning programs 
funded under section 5305 shall be carried out in accord-
ance with the metropolitan planning provisions of section 
5203.’’. 
(3) STATEWIDE TRANSPORTATION PLANNING.— 
(A) TITLE 23.—Section 135 of title 23, 
United States Code, is amended to read as fol-
lows: 
‘‘§ 135. Statewide transportation planning 
‘‘Statewide transportation planning programs funded 
under sections 104(f) and 505 shall be carried out in ac-
cordance with the metropolitan planning provisions of sec-
tion 5204 of title 49, United States Code.’’. 
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(B) CHAPTER
OF
TITLE
49.—Section 
5304 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 5304. Statewide transportation planning 
‘‘Statewide transportation planning programs funded 
under section 5305 shall be carried out in accordance with 
the metropolitan planning provisions of section 5204.’’. 
SEC. 4002. SPECIAL RULES FOR SMALL METROPOLITAN 
PLANNING ORGANIZATIONS. 
(a) CONTINUATION OF APPLICABILITY OF SECTION 
134.—A metropolitan planning organization that serves 
an urbanized area with a population of more than 50,000 
and less than 100,000 and that is subject to the provisions 
of section 134 of title 23, United States Code, and section 
5303 of title 49, United States Code (as in effect on the 
day before the date of enactment of this Act), shall con-
tinue to be designated as a metropolitan planning organi-
zation subject to section 5203 of title 49, United States 
Code (as added by this title), unless the Governor and 
units of general purpose local government that together 
represent at least 75 percent of the affected population, 
including the largest incorporated city (based on popu-
lation) as determined by the Bureau of the Census, agree 
to terminate the designation. 
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(b) TREATMENT.—A metropolitan planning organiza-
tion described in paragraph (1) shall be treated, for pur-
poses of title 23, United States Code, and chapters 52 and 
53 of title 49, United States Code, the Transportation Eq-
uity Act for the 21st Century (Public Law 105–178), and 
SAFETEA–LU (Public Law 109–59) as a metropolitan 
planning organization that is subject to the provisions of 
section 5203 of title 49, United States Code (as added 
by this title). 
SEC. 4003. FINANCIAL PLANS. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary shall issue revised regulations 
under sections 5203 and 5204 of title 49, United States 
Code (as added by this title), to clarify that— 
(1) a financial plan for a long-range transpor-
tation plan or transportation improvement program 
is required to be updated not more than once every 
4 years; 
(2) an amendment to a long-range transpor-
tation plan or transportation improvement program 
does not require a review of the entire financial plan, 
but rather requires only a plan for covering any in-
cremental costs associated with the amendment; 
(3) project costs and revenue estimates used in 
developing a financial plan for a long-range plan 
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should be based on long-term trends, and need not 
be adjusted to reflect short-term fluctuations; 
(4) the Department shall defer to the judgment 
of State and local governments regarding the mag-
nitude of potential State and local revenue streams, 
including the likelihood that State or local govern-
ments will approve tax increases, tolling, bonding, or 
other measures to increase revenues; and 
(5) the requirement for a financial plan does 
not give the Secretary the authority or responsibility 
to determine the adequacy of a State or metropoli-
tan area’s funding levels for operation and mainte-
nance of the transportation system. 
SEC. 4004. PLAN UPDATE. 
Not later than September 30, 2012, a State shall up-
date its statewide strategic long-range transportation plan 
to comply with the requirements of section 5205 of title 
49, United States Code. 
SEC. 4005. STATE PLANNING AND RESEARCH FUNDING FOR 
TITLE 23. 
Section 505 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(5) by inserting ‘‘intercity 
bus,’’ after ‘‘public transportation,’’; and 
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(2) in subsection (b)(1) by inserting ‘‘intercity 
bus,’’ after ‘‘public transportation,’’. 
SEC. 4006. NATIONAL ACADEMY OF SCIENCES STUDY. 
(a) STUDY.—The Secretary shall enter into appro-
priate arrangements with the National Academy of 
Sciences to conduct a study on the implementation of sec-
tion 5206 of title 49, United States Code (as added by 
this title). 
(b) CONTENTS.—The study shall— 
(1) report on the timeliness of implementation, 
the quality and consistency of performance measure-
ment practices, the costs of compliance, and impact 
on the transportation planning process; 
(2) include recommendations for changes to im-
prove implementation; and 
(3) include recommendations for future addi-
tions or changes to the performance categories as 
described in this section. 
(c) CONSULTATION.—The National Academy of 
Sciences shall conduct the study required under this sec-
tion in consultation with the Federal Highway Adminis-
tration, Federal Transit Administration, American Asso-
ciation of State Highway and Transportation Officials, 
American Public Transit Association, and Association of 
Metropolitan Planning Organizations. 
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(d) COMPLETION IN PHASES.— 
(1) IN GENERAL.—The National Academy of 
Sciences shall complete the study in 2 phases, cor-
responding to the major stages of implementation of 
section 5206 of title 49, United States Code. 
(2) PHASE I.—Phase 1 of the study shall— 
(A) address implementation of perform-
ance measures; and 
(B) be completed not later than 3 years 
after the date of enactment of this Act. 
(3) PHASE II.—Phase 2 of the study shall— 
(A) address implementation of perform-
ance targets, as well as performance measures; 
and 
(B) be completed not later than 5 years 
after the date of enactment of this Act. 
SEC. 4007. CONGESTION RELIEF. 
The Secretary shall— 
(1) encourage States and metropolitan planning 
organizations to prioritize congestion relief projects 
in transportation improvement programs in order to 
improve the flow of commerce and the productivity 
of the Federal-aid system; and 
(2) provide technical assistance and educational 
materials to States to quantify the economic, envi-
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ronmental, and quality-of-life damage caused by 
traffic congestion as well as identify multiple options 
for solutions, including new roads and lanes, bottle-
neck removal, and low-cost congestion relief projects. 
TITLE V—HIGHWAY SAFETY 
SEC. 5001. AMENDMENTS TO TITLE 23, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 23, United States 
Code. 
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Alternative Transportation Account): 
(1) HIGHWAY
SAFETY
PROGRAMS.—For car-
rying out section 402 of title 23, United States 
Code, $493,312,000 for each of fiscal years 2013 
through 2016. 
(2) NATIONAL DRIVER REGISTER.—For the Na-
tional Highway Traffic Safety Administration to 
carry out chapter 303 of title 49, United States 
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Code, $4,116,000 for each of fiscal years 2013 
through 2016. 
(3) ADMINISTRATIVE EXPENSES.—For adminis-
trative and related operating expenses of the Na-
tional Highway Traffic Safety Administration in car-
rying out chapter 4 of title 23, United States Code, 
and this title (including the amendments made by 
this title) $162,572,000 for each of fiscal years 2013 
through 2016. 
(b) PROHIBITION ON OTHER USES.—Except as oth-
erwise provided in chapter 4 of title 23, United States 
Code, and this title (including the amendments made by 
this title), the amounts made available from the Highway 
Trust Fund (other than the Alternative Transportation 
Account) for a program under that chapter shall be used 
only to carry out such program and may not be used by 
States or local governments for construction purposes. 
(c) APPLICABILITY OF CHAPTER 1.—Except as oth-
erwise provided in chapter 4 of title 23, United States 
Code, and this title (including the amendments made by 
this title), the amounts made available under subsection 
(a) for each of fiscal years 2013 through 2016 shall be 
available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United 
States Code. 
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SEC. 5003. HIGHWAY SAFETY PROGRAMS. 
(a) IN GENERAL.—Section 402(a) is amended to 
read as follows: 
‘‘(a) STATE HIGHWAY SAFETY PROGRAMS.— 
‘‘(1) IN GENERAL.—Each State shall have a 
highway safety program that is subject to approval 
by the Secretary and is designed to reduce traffic 
crashes and the fatalities, injuries, and property 
damage resulting therefrom. 
‘‘(2) UNIFORM GUIDELINES.—A State’s high-
way safety program under paragraph (1) shall be es-
tablished and carried out in accordance with uniform 
guidelines promulgated by the Secretary, which shall 
be expressed in terms of performance criteria and 
shall include programs— 
‘‘(A) to reduce injuries and fatalities re-
sulting from motor vehicles being driven in ex-
cess of posted speed limits; 
‘‘(B) to encourage the proper use of occu-
pant protection devices (including the use of 
seat belts and child restraints) by occupants of 
motor vehicles; 
‘‘(C) to reduce fatalities and injuries re-
sulting from persons driving motor vehicles 
while impaired by alcohol or a controlled sub-
stance; 
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‘‘(D) to prevent crashes and reduce fatali-
ties and injuries resulting from crashes involv-
ing motor vehicles and motorcycles; 
‘‘(E) to reduce crashes resulting from un-
safe driving behavior (including aggressive or 
fatigued driving and distracted driving arising 
from the use of electronic devices in vehicles); 
‘‘(F) to improve law enforcement activities 
relating to motor vehicle crash prevention, traf-
fic supervision, and postcrash procedures; 
‘‘(G) to improve the timeliness, accuracy, 
completeness, uniformity, and accessibility of 
the safety data of States that is needed— 
‘‘(i) for activities relating to perform-
ance targets established under subsection 
(m); 
‘‘(ii) to identify priorities for national, 
State, and local highway and traffic safety 
programs; and 
‘‘(iii) to improve the compatibility and 
interoperability of the data systems of each 
State with national data systems and the 
data systems of other States; 
‘‘(H) to improve driver performance, in-
cluding through driver education, driver testing 
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to determine proficiency to operate motor vehi-
cles, driver examinations (both physical and 
mental), and driver licensing; and 
‘‘(I) to improve pedestrian and bicycle 
safety. 
‘‘(3) RECORD SYSTEM.—The uniform guidelines 
promulgated under paragraph (2) shall include pro-
visions for an effective record system of— 
‘‘(A) traffic crashes, including injuries and 
fatalities resulting therefrom; 
‘‘(B) crash investigation activities carried 
out to determine the probable causes of crashes, 
injuries, and fatalities; 
‘‘(C) vehicle registration, operation, and in-
spection activities; 
‘‘(D) highway design and maintenance ac-
tivities, including lighting, markings, and sur-
face treatment activities; 
‘‘(E) traffic surveillance activities relating 
to the detection and correction of locations with 
a significant potential for crashes; and 
‘‘(F) emergency services. 
‘‘(4) APPLICABILITY
OF
GUIDELINES.—The 
uniform guidelines applicable to State highway safe-
ty programs shall, to the extent determined appro-
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priate by the Secretary, be applicable to federally ad-
ministered areas where a Federal department or 
agency controls the highways or supervises traffic 
operations.’’. 
(b) ADMINISTRATION OF STATE PROGRAMS.—Sec-
tion 402(b) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (D) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (E)— 
(i) in clause (i) by striking ‘‘national 
law enforcement mobilizations’’ and insert-
ing ‘‘any national traffic safety law en-
forcement mobilizations coordinated by the 
Secretary’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(F) demonstrate that the State has estab-
lished a highway safety data and traffic records 
coordinating committee with a multidisciplinary 
membership that includes, among others, man-
agers, collectors, and users of traffic records 
and public health and injury control data sys-
tems; 
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‘‘(G) demonstrate that the State has devel-
oped a multiyear highway safety data and traf-
fic records system strategic plan that— 
‘‘(i) addresses existing deficiencies in 
the State’s highway safety data and traffic 
records system; 
‘‘(ii) is approved by the State’s high-
way safety data and traffic records coordi-
nating committee; 
‘‘(iii) specifies how existing defi-
ciencies in the State’s highway safety data 
and traffic records system were identified; 
‘‘(iv) prioritizes, on the basis of the 
identified highway safety data and traffic 
records system deficiencies of the State, 
the highway safety data and traffic records 
system needs and goals of the State; 
‘‘(v) 
identifies 
performance-based 
measures by which progress toward those 
goals will be determined; and 
‘‘(vi) specifies how funds apportioned 
to the State under subsection (c) and any 
other funds of the State are to be used to 
address needs and goals identified in the 
multiyear plan; and 
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‘‘(H) demonstrate that an assessment or 
audit of the State’s highway safety data and 
traffic records system was conducted or up-
dated during the 5-year period ending on the 
date on which such State highway safety pro-
gram is submitted to the Secretary for ap-
proval.’’; and 
(2) by striking paragraph (3). 
(c) APPORTIONMENT OF FUNDS.—Section 402(c) is 
amended to read as follows: 
‘‘(c) APPORTIONMENT OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available to 
carry out this section shall be used to aid States in 
conducting the highway safety programs approved 
under subsection (a). 
‘‘(2) APPORTIONMENT
FORMULA.—Funds de-
scribed in paragraph (1) shall be apportioned among 
the States each fiscal year in the following manner: 
‘‘(A) 62.5 percent in the ratio that the 
population of each State bears to the total pop-
ulation of all States, as shown by the latest 
available Federal census. 
‘‘(B) 20 percent in the ratio that the pub-
lic road mileage in each State bears to the total 
public road mileage in all States. 
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‘‘(C) 10 percent only to States that have 
enacted and are enforcing a primary safety belt 
use law, in the ratio that the population of each 
such State bears to the total population of all 
such States, as shown by the latest available 
Federal census. 
‘‘(D) 5 percent only to States that have 
enacted and are enforcing an ignition interlock 
law, in the ratio that the population of each 
such State bears to the total population of all 
such States, as shown by the latest available 
Federal census. 
‘‘(E) 2.5 percent only to States that have 
enacted and are enforcing a graduated drivers 
licensing law, in the ratio that the population of 
each such State bears to the total population of 
all such States, as shown by the latest available 
Federal census. 
‘‘(3) MINIMUM APPORTIONMENT.—The annual 
apportionment under paragraph (2) to each State 
shall not be less than three-quarters of 1 percent of 
the total apportionment under that paragraph in the 
applicable fiscal year, except that the apportionment 
to the Secretary of the Interior shall not be less than 
1.5 percent of the total apportionment and the ap-
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portionments to the Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern 
Mariana Islands shall not be less than one-quarter 
of 1 percent of the total apportionment. 
‘‘(4) IMPLEMENTATION OF APPROVED HIGHWAY 
SAFETY PROGRAMS.— 
‘‘(A) REQUIREMENT
FOR
RECEIVING
AP-
PORTIONMENTS.—The Secretary shall not ap-
portion any funds under this section to any 
State that is not implementing a highway safety 
program approved by the Secretary under this 
section. 
‘‘(B) LIMITATIONS ON REQUIREMENTS RE-
LATING TO MOTORCYCLE SAFETY HELMETS.—A 
highway safety program approved by the Sec-
retary shall not include any requirement that a 
State implement such program by adopting or 
enforcing any law, rule, or regulation based on 
a guideline promulgated by the Secretary under 
this section that requires any motorcycle oper-
ator 18 years of age or older or passenger 18 
years of age or older to wear a safety helmet 
when operating or riding a motorcycle on the 
streets and highways of that State. 
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‘‘(C) COMPLIANCE WITH IMPLEMENTATION 
REQUIREMENTS.—Implementation of a highway 
safety program under this section shall not be 
construed to require the Secretary to require 
compliance with every uniform guideline pro-
mulgated under this section, or with every ele-
ment of every uniform guideline, in every State. 
‘‘(D) MINIMUM
REQUIREMENTS
FOR
IM-
PAIRED DRIVING HIGH RANGE STATES.—An im-
paired driving high range State shall expend in 
a fiscal year, on projects and activities address-
ing impaired driving, at least 30 percent of the 
funds apportioned to that State under para-
graph (2) for that fiscal year. 
‘‘(E) AUTOMATED TRAFFIC ENFORCEMENT 
SYSTEMS.— 
‘‘(i) PROHIBITION.—A State may not 
expend funds apportioned to that State 
under paragraph (2) to carry out any pro-
gram to purchase, operate, or maintain an 
automated traffic enforcement system. 
‘‘(ii) AUTOMATED TRAFFIC ENFORCE-
MENT SYSTEM DEFINED.—In this subpara-
graph, the term ‘automated traffic enforce-
ment system’ means automated technology 
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that monitors compliance with traffic 
laws.’’. 
(d) MISCELLANEOUS.—Section 402 is amended— 
(1) in subsection (d) by striking ‘‘(d) All provi-
sions’’ and inserting ‘‘(d) APPLICABILITY OF CER-
TAIN PROVISIONS.—All provisions’’; 
(2) in subsection (e) by striking ‘‘(e) Uniform 
guidelines’’ and inserting ‘‘(e) COOPERATION.—Uni-
form guidelines’’; 
(3) in subsection (f) by striking ‘‘(f) The Sec-
retary’’ and inserting ‘‘(f) DEPARTMENT AND AGEN-
CY PARTICIPATION.—The Secretary’’; 
(4) in subsection (g)— 
(A) by striking ‘‘(g) Nothing in’’ and in-
serting ‘‘(g) LIMITATION ON FUNDS.—Nothing 
in’’; 
(B) by striking ‘‘for (1) highway construc-
tion’’ and inserting ‘‘for highway construction’’; 
and 
(C) by striking ‘‘guidelines) or’’ and all 
that follows before the period at the end and in-
serting ‘‘guidelines) or for any purpose for 
which funds are authorized under section 
403(a)’’; 
(5) by striking subsection (k); and 
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(6) by redesignating subsections (l) and (m) as 
subsections (k) and (l), respectively. 
(e) HIGHWAY
SAFETY
PERFORMANCE
MANAGE-
MENT.—Section 402 (as amended by this Act) is further 
amended by adding at the end the following: 
‘‘(m) ESTABLISHMENT
OF
PERFORMANCE
TAR-
GETS.— 
‘‘(1) IN GENERAL.—The Governor of each State 
shall establish quantifiable performance targets for 
their State— 
‘‘(A) to be incorporated into the highway 
safety plan of the State under subsection (n) 
each year; and 
‘‘(B) with respect to, at a minimum— 
‘‘(i) the average number of fatalities 
in the State resulting from traffic crashes 
per 100,000,000 vehicle miles traveled; 
‘‘(ii) the average number of serious in-
juries in the State resulting from traffic 
crashes per 100,000,000 vehicle miles trav-
eled; 
‘‘(iii) the average number of traffic fa-
talities in the State involving drivers or 
motorcycle operators with a blood alcohol 
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content of .08 or above per 100,000,000 
vehicle miles traveled; 
‘‘(iv) the average number of traffic 
crashes in the State involving drivers or 
motorcycle operators with a blood alcohol 
content of .08 or above per 100,000,000 
vehicle miles traveled; 
‘‘(v) the average number of unre-
strained motor vehicle occupant fatalities, 
for all seat positions, in the State resulting 
from traffic crashes per 100,000,000 vehi-
cle miles traveled; and 
‘‘(vi) the average number of motorcy-
clist fatalities in the State resulting from 
traffic crashes per 100,000,000 vehicle 
miles traveled. 
‘‘(2) CONSIDERATIONS IN ESTABLISHING PER-
FORMANCE TARGETS.—In establishing performance 
targets for a State under this subsection, a Governor 
shall consider, at a minimum— 
‘‘(A) the number of fatalities in the State 
resulting from traffic crashes during the pre-
ceding 3 years; 
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‘‘(B) the number of serious injuries in the 
State resulting from traffic crashes during the 
preceding 3 years; 
‘‘(C) the extent to which vehicle miles trav-
eled in the State may impact the number of fa-
talities and serious injuries in the State result-
ing from traffic crashes; and 
‘‘(D) data available from the Fatality 
Analysis Reporting System of the National 
Highway Traffic Safety Administration. 
‘‘(n) HIGHWAY SAFETY PLAN AND REPORTING RE-
QUIREMENTS.— 
‘‘(1) IN GENERAL.—With respect to fiscal year 
2014, and each fiscal year thereafter, the Secretary 
shall require the Governor of each State, as a condi-
tion of the approval of the State’s highway safety 
program for that fiscal year, to develop and submit 
to the Secretary for approval a highway safety plan 
applicable to that fiscal year in accordance with this 
subsection. The plan required under this paragraph 
may be incorporated into any other document re-
quired to be submitted under this section. 
‘‘(2) TIMING.—Each Governor shall submit to 
the Secretary the highway safety plan of their State 
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not later than September 1 of the fiscal year pre-
ceding the fiscal year to which the plan applies. 
‘‘(3) CONTENTS.—A State’s highway safety 
plan shall include, at a minimum— 
‘‘(A) current data with respect to each per-
formance target established for the State under 
subsection (m); 
‘‘(B) for the fiscal year preceding the fiscal 
year to which the plan applies, a description of 
the State’s performance regarding each per-
formance target category described in sub-
section (m)(1)(B); 
‘‘(C) for the fiscal year preceding the fiscal 
year to which the plan applies, a description of 
the projects and activities for which the State 
obligated funding apportioned to the State 
under this section; 
‘‘(D) for the fiscal year to which the plan 
applies, the State’s strategy for using funds ap-
portioned to the State under this section for 
projects and activities that will allow the State 
to meet the performance targets established for 
the State under subsection (m); 
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‘‘(E) data and data analysis supporting the 
effectiveness of projects and activities proposed 
in the strategy under subparagraph (D); 
‘‘(F) a description of any Federal, State, 
local, or private funds that the State plans to 
use, in addition to funds apportioned to the 
State under this section, to carry out the 
State’s strategy under subparagraph (D); and 
‘‘(G) a certification that the State will 
maintain its aggregate expenditures for high-
way safety activities, from sources other than 
funds apportioned to the State under this sec-
tion, at or above the average level of such ex-
penditures in the 2 fiscal years preceding the 
date of enactment of this subsection. 
‘‘(4) REVIEW OF HIGHWAY SAFETY PLANS.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date on which the Secretary re-
ceives a State’s highway safety plan, the Sec-
retary shall approve or disapprove the plan. 
‘‘(B) APPROVALS
AND
DISAPPROVALS.— 
The Secretary shall approve or disapprove a 
State’s highway safety plan based on a review 
of the plan, including an evaluation of whether, 
in the Secretary’s judgment, the plan is evi-
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dence-based, is supported by data and analysis, 
and, if implemented, will allow the State to 
meet the performance targets established for 
the State under subsection (m). The Secretary 
shall disapprove a State’s highway safety plan 
if the plan does not, in the Secretary’s judg-
ment, provide for the evidenced-based use of 
funding in a manner sufficient to allow the 
State to meet performance targets. 
‘‘(C) ACTIONS UPON DISAPPROVAL.—If the 
Secretary disapproves a State’s highway safety 
plan, the Secretary shall inform the Governor of 
the State of the reasons for the disapproval and 
require the Governor to resubmit the plan with 
such modifications as the Secretary determines 
necessary. 
‘‘(D) REVIEW OF RESUBMITTED PLANS.— 
If the Secretary requires a Governor to resub-
mit a highway safety plan with modifications, 
the Secretary shall approve or disapprove the 
modified plan not later than 30 days after the 
date on which the modified plan is submitted to 
the Secretary. 
‘‘(E) FUNDING ALLOCATIONS.—If a State 
failed to accomplish, as determined by the Sec-
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476 
retary, a performance target established for 
that State under subsection (m) in the fiscal 
year preceding the fiscal year to which a State 
highway safety plan under review applies, the 
Secretary shall require the following to be in-
cluded in the highway safety plan under review: 
‘‘(i) If the State failed to accomplish 
a performance target established under 
subsection (m)(1)(B)(iii) or (m)(1)(B)(iv), 
a certification that the State will expend 
funds apportioned to the State under this 
section, during the fiscal year to which the 
plan applies, for projects and activities ad-
dressing impaired driving in an amount 
that is at least 5 percent more than the 
amount expended on such projects and ac-
tivities in the preceding fiscal year using 
such funds. 
‘‘(ii) If the State failed to accomplish 
a performance target established under 
subsection (m)(1)(B)(v), a certification 
that the State will expend funds appor-
tioned to the State under this section, dur-
ing the fiscal year to which the plan ap-
plies, for projects and activities addressing 
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occupant protection in an amount that is 
at least 5 percent more than the amount 
expended on such projects and activities in 
the preceding fiscal year using such funds. 
‘‘(iii) If the State failed to accomplish 
a performance target established under 
subsection (m)(1)(B)(vi), a certification 
that the State will expend funds appor-
tioned to the State under this section, dur-
ing the fiscal year to which the plan ap-
plies, for projects and activities addressing 
motorcycle safety in an amount that is at 
least 5 percent more than the amount ex-
pended on such projects and activities in 
the preceding fiscal year using such funds. 
‘‘(F) DATA.— 
‘‘(i) FATALITIES
DATA.—A State’s 
compliance with performance targets relat-
ing to fatalities shall be determined using 
the most recent data from the Fatality 
Analysis Reporting System of the National 
Highway Traffic Safety Administration. 
‘‘(ii) CRASH DATA.—A State’s compli-
ance with performance targets relating to 
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serious injuries shall be determined using 
State crash data files. 
‘‘(G) PUBLIC NOTICE.—A State shall make 
each highway safety plan of the State available 
to the public. 
‘‘(o) ANNUAL REPORT
TO CONGRESS.—Not later 
than October 1, 2015, and annually thereafter, the Sec-
retary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report containing— 
‘‘(1) an evaluation of each State’s performance 
with respect to the State’s highway safety plan 
under subsection (n) and performance targets under 
subsection (m); and 
‘‘(2) such recommendations as the Secretary 
may have for improvements to activities carried out 
under subsections (m) and (n). 
‘‘(p) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CHILD RESTRAINT.—The term ‘child re-
straint’ means any product designed to provide re-
straint to a child in a motor vehicle (including boost-
er seats and other products used with a lap and 
shoulder belt assembly) that meets applicable Fed-
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eral motor vehicle safety standards prescribed by the 
National Highway Traffic Safety Administration. 
‘‘(2) CONTROLLED
SUBSTANCE.—The term 
‘controlled substance’ has the meaning given that 
term in section 102 of the Controlled Substances 
Act (21 U.S.C. 802). 
‘‘(3) DRIVING
WHILE
INTOXICATED; DRIVING 
UNDER THE INFLUENCE.—The terms ‘driving while 
intoxicated’ and ‘driving under the influence’ have 
the meaning given those terms in section 164. 
‘‘(4) GRADUATED DRIVERS LICENSING LAW.— 
The term ‘graduated drivers licensing law’ means a 
law enacted by a State that requires, before the 
granting of an unrestricted driver’s license to indi-
viduals under the age of 21 years, a 2-stage licens-
ing process that includes the following: 
‘‘(A) A learner’s permit stage that— 
‘‘(i) allows for the acquisition of a 
learner’s permit by an individual not ear-
lier than the date on which that individual 
attains 15 years and 6 months of age; 
‘‘(ii) is at least 6 months in duration; 
‘‘(iii) requires an individual with a 
learner’s permit to complete at least 30 
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hours of driving supervised by a licensed 
driver who is 21 years of age or older; 
‘‘(iv) requires an individual with a 
learner’s permit to be accompanied and su-
pervised by a licensed driver who is 21 
years of age or older at all times when op-
erating a motor vehicle; and 
‘‘(v) is in effect until the commence-
ment of the intermediate stage or until the 
date on which the applicable individual at-
tains 18 years of age. 
‘‘(B) An intermediate stage that— 
‘‘(i) applies to an individual imme-
diately after the expiration of the learner’s 
permit stage for that individual; 
‘‘(ii) is at least 6 months in duration; 
‘‘(iii) prohibits the operation of a 
motor vehicle by an individual to whom the 
stage applies, if that individual is trans-
porting more than one nonfamilial pas-
senger under the age of 18 years and there 
is no licensed driver 21 years of age or 
older present in the motor vehicle; and 
‘‘(iv) prohibits an individual to whom 
the stage applies from operating a motor 
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vehicle between the hours of midnight and 
4 a.m., unless such individual is accom-
panied and supervised by a licensed driver 
who is 21 years of age or older. 
‘‘(5) IMPAIRED DRIVING HIGH RANGE STATE.— 
The term ‘impaired driving high range State’ means 
a State that averaged more than .50 alcohol im-
paired driving fatalities per 100,000,000 vehicle 
miles traveled, as determined using data from the 
Fatality Analysis Reporting System of the National 
Highway Traffic Safety Administration, for the most 
recent 3 years for which data are available. 
‘‘(6) IGNITION INTERLOCK DEVICE.—The term 
‘ignition interlock device’ means an in-vehicle device 
that requires a driver to provide a breath sample 
prior to a motor vehicle starting and that prevents 
a motor vehicle from starting if the blood alcohol 
content of the driver is above the legal limit. 
‘‘(7) IGNITION INTERLOCK LAW.—The term ‘ig-
nition interlock law’ means a law enacted by a State 
that requires throughout the State the installation of 
an ignition interlock device, for a minimum of 6 
months, on each motor vehicle operated by an indi-
vidual who is convicted of driving while intoxicated 
or driving under the influence. 
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‘‘(8) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ has the meaning given that term in section 157. 
‘‘(9) MOTORCYCLIST
SAFETY
TRAINING.—The 
term ‘motorcyclist safety training’ means a formal 
program of instruction that is approved for use in 
a State by the designated State authority having ju-
risdiction over motorcyclist safety issues, which may 
include a State motorcycle safety administrator or a 
motorcycle advisory council appointed by the Gov-
ernor of the State. 
‘‘(10) PRIMARY SAFETY BELT USE LAW.—The 
term ‘primary safety belt use law’ means a law en-
acted by a State that— 
‘‘(A) requires all occupants in the front 
seat of a motor vehicle to utilize a seat belt 
when the motor vehicle is being driven; and 
‘‘(B) allows for a law enforcement officer 
to stop a vehicle solely for the purpose of 
issuing a citation for a violation of the require-
ment in subparagraph (A) in the absence of evi-
dence of another offense. 
‘‘(11) PROJECTS AND ACTIVITIES ADDRESSING 
IMPAIRED DRIVING.—The term ‘projects and activi-
ties addressing impaired driving’ means projects and 
activities— 
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‘‘(A) to develop and implement law en-
forcement measures and tools designed to re-
duce impaired driving, including training, edu-
cation, equipment, and other methods of sup-
port for law enforcement and criminal justice 
professionals; 
‘‘(B) to improve impaired driving prosecu-
tion and adjudication, including the establish-
ment of courts that specialize in impaired driv-
ing cases; 
‘‘(C) to carry out safety campaigns relat-
ing to impaired driving using paid media; 
‘‘(D) to provide inpatient and outpatient 
alcohol rehabilitation based on mandatory as-
sessment and appropriate treatment; 
‘‘(E) to establish and improve information 
systems containing data on impaired driving; or 
‘‘(F) to establish and implement an igni-
tion interlock system for individuals convicted 
of driving while intoxicated or driving under the 
influence. 
‘‘(12) PROJECTS AND ACTIVITIES ADDRESSING 
MOTORCYCLE SAFETY.—The term ‘projects and ac-
tivities addressing motorcycle safety’ means projects 
and activities— 
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‘‘(A) to improve the content and delivery of 
motorcyclist safety training curricula; 
‘‘(B) to support licensing, training, and 
safety education for motorcyclists, including 
new entrants; 
‘‘(C) to enhance motorcycle safety through 
public service announcements, including safety 
messages on road sharing, outreach, and public 
awareness activities; or 
‘‘(D) to provide for the safety of motorcy-
clists through the promotion of appropriate pro-
tective equipment. 
‘‘(13) PROJECTS AND ACTIVITIES ADDRESSING 
OCCUPANT
PROTECTION.—The term ‘projects and 
activities addressing occupant protection’ means 
projects and activities— 
‘‘(A) to provide for occupant protection 
training, education, equipment, and other meth-
ods of support for law enforcement and criminal 
justice professionals; 
‘‘(B) to carry out safety campaigns relat-
ing to occupant protection using paid media; 
‘‘(C) to establish and improve information 
systems containing data on occupant protection; 
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‘‘(D) to provide for training of firefighters, 
law enforcement officers, emergency medical 
services professionals, and others on the provi-
sion of community child passenger safety serv-
ices; or 
‘‘(E) to purchase child restraints for low- 
income families. 
‘‘(14) PUBLIC ROAD.—The term ‘public road’ 
means any road under the jurisdiction of and main-
tained by a public authority and open to public trav-
el. 
‘‘(15) PUBLIC ROAD MILEAGE.—The term ‘pub-
lic road mileage’ means the number of public road 
miles in a State as— 
‘‘(A) determined at the end of the calendar 
year preceding the year in which applicable 
funds are apportioned; and 
‘‘(B) certified by the Governor of the 
State, subject to approval by the Secretary. 
‘‘(16) SEAT BELT.—The term ‘seat belt’ has 
the meaning given that term in section 157.’’. 
SEC. 5004. USE OF CERTAIN FUNDS MADE AVAILABLE FOR 
ADMINISTRATIVE EXPENSES. 
(a) IN GENERAL.—Section 403 is amended to read 
as follows: 
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‘‘§ 403. Use of certain funds made available for ad-
ministrative expenses 
‘‘(a) HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.—The Secretary is authorized to carry out, using 
funds made available out of the Highway Trust Fund 
(other than the Alternative Transportation Account) 
under section 5002(a)(3) of the American Energy and In-
frastructure Jobs Act of 2012— 
‘‘(1) ongoing research into driver behavior and 
its effect on traffic safety; 
‘‘(2) research on, initiatives to counter, and 
demonstration projects on fatigued driving by driv-
ers of motor vehicles and distracted driving in such 
vehicles, including the effect that the use of elec-
tronic devices and other factors determined relevant 
by the Secretary have on driving; 
‘‘(3) training or education programs in coopera-
tion with other Federal departments and agencies, 
States, private sector persons, highway safety per-
sonnel, and law enforcement personnel; 
‘‘(4) research on and evaluations of the effec-
tiveness of traffic safety countermeasures, including 
seat belts and impaired driving initiatives; 
‘‘(5) research on, evaluations of, and identifica-
tion of best practices related to driver education pro-
grams (including driver education curricula, instruc-
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tor training and certification, program administra-
tion, and delivery mechanisms) and make rec-
ommendations for harmonizing driver education and 
multistage graduated licensing systems; 
‘‘(6) research, training, and education programs 
related to older drivers; 
‘‘(7) highway safety demonstration projects re-
lated to driver behavior; and 
‘‘(8) research, training, and programs relating 
to motorcycle safety, including impaired driving. 
‘‘(b) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
‘‘(1) IN GENERAL.—The Administrator of the 
National Highway Traffic Safety Administration 
shall establish and administer, using funds made 
available out of the Highway Trust Fund (other 
than the Alternative Transportation Account) under 
section 5002(a)(3) of the American Energy and In-
frastructure Jobs Act of 2012, a program under 
which at least 2 high-visibility traffic safety law en-
forcement campaigns will be carried out for the pur-
pose specified in paragraph (2) in each of fiscal 
years 2013 through 2016. 
‘‘(2) PURPOSE.—The purpose of each law en-
forcement campaign under this subsection shall be 
to achieve one or more of the following objectives: 
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‘‘(A) Reduce alcohol-impaired or drug-im-
paired operation of motor vehicles. 
‘‘(B) Increase the use of seat belts by oc-
cupants of motor vehicles. 
‘‘(C) Reduce distracted driving of motor 
vehicles. 
‘‘(3) ADVERTISING.—The Administrator may 
use, or authorize the use of, funds made available to 
carry out this subsection to pay for the development, 
production, and use of broadcast and print media 
advertising in carrying out law enforcement cam-
paigns under this subsection. Consideration shall be 
given to advertising directed at non-English speak-
ing populations, including those who listen to, read, 
or watch nontraditional media. 
‘‘(4) COORDINATION WITH STATES.—The Ad-
ministrator shall coordinate with States in carrying 
out law enforcement campaigns under this sub-
section, including advertising funded under para-
graph (3), with a view toward— 
‘‘(A) relying on States to provide the law 
enforcement resources for the campaigns out of 
funding available under this subsection and sec-
tion 402; and 
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‘‘(B) providing out of National Highway 
Traffic Safety Administration resources most of 
the means necessary for national advertising 
and education efforts associated with the law 
enforcement campaigns. 
‘‘(5) ANNUAL
EVALUATION.—The Secretary 
shall conduct an annual evaluation of the effective-
ness of campaigns carried out under this subsection. 
‘‘(6) STATE DEFINED.—In this subsection, the 
term ‘State’ has the meaning given that term in sec-
tion 401. 
‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 
ensure that at least $137,244,000 of the funds made avail-
able out of the Highway Trust Fund (other than the Alter-
native Transportation Account) under section 5002(a)(3) 
of the American Energy and Infrastructure Jobs Act of 
2012 each fiscal year are used for programs and activities 
authorized under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 4 is amended by striking the item relating to section 
403 and inserting the following: 
‘‘403. Use of certain funds made available for administrative expenses.’’. 
SEC. 5005. REPEAL OF PROGRAMS. 
(a) GENERAL PROVISION.—A repeal made by this 
section shall not affect funds apportioned or allocated be-
fore the effective date of the repeal. 
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(b) OCCUPANT PROTECTION INCENTIVE GRANTS.— 
Section 405, and the item relating to that section in the 
analysis for chapter 4, are repealed. 
(c) SAFETY BELT PERFORMANCE GRANTS.—Section 
406, and the item relating to that section in the analysis 
for chapter 4, are repealed. 
(d) INNOVATIVE PROJECT GRANTS.—Section 407, 
and the item relating to that section in the analysis for 
chapter 4, are repealed. 
(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM 
IMPROVEMENTS.—Section 408, and the item relating to 
that section in the analysis for chapter 4, are repealed. 
(f) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES.—Section 410, and the item relating to that 
section in the analysis for chapter 4, are repealed. 
(g) STATE
HIGHWAY
SAFETY
DATA
IMPROVE-
MENTS.—Section 411, and the item relating to that sec-
tion in the analysis for chapter 4, are repealed. 
(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
Section 2009 of SAFETEA–LU (23 U.S.C. 402 note; 119 
Stat. 1535), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, 
are repealed. 
(i) 
MOTORCYCLIST
SAFETY.—Section 
2010 
of 
SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1535), 
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and the item relating to that section in the table of con-
tents contained in section 1(b) of that Act, are repealed. 
(j) CHILD SAFETY AND CHILD BOOSTER SEAT IN-
CENTIVE GRANTS.—Section 2011 of SAFETEA–LU (23 
U.S.C. 405 note; 119 Stat. 1538), and the item relating 
to that section in the table of contents contained in section 
1(b) of that Act, are repealed. 
(k) DRUG-IMPAIRED DRIVING ENFORCEMENT.—Sec-
tion 2013 of SAFETEA–LU (23 U.S.C. 403 note; 119 
Stat. 1539), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, 
are repealed. 
(l) FIRST
RESPONDER
VEHICLE
SAFETY
PRO-
GRAM.—Section 2014 of SAFETEA–LU (23 U.S.C. 402 
note; 119 Stat. 1540), and the item relating to that sec-
tion in the table of contents contained in section 1(b) of 
that Act, are repealed. 
(m) RURAL STATE EMERGENCY MEDICAL SERVICES 
OPTIMIZATION
PILOT
PROGRAM.—Section 
2016 
of 
SAFETEA–LU (119 Stat. 1541), and the item relating 
to that section in the table of contents contained in section 
1(b) of that Act, are repealed. 
(n) OLDER DRIVER SAFETY; LAW ENFORCEMENT 
TRAINING.—Section 2017 of SAFETEA–LU (119 Stat. 
1541), and the item relating to that section in the table 
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of contents contained in section 1(b) of that Act, are re-
pealed. 
SEC. 5006. DISCOVERY AND ADMISSION AS EVIDENCE OF 
CERTAIN REPORTS AND SURVEYS. 
Section 409 is amended by striking ‘‘and 148’’ and 
inserting ‘‘148, and 402’’. 
SEC. 5007. PROHIBITION ON FUNDS TO CHECK HELMET 
USAGE OR CREATE CHECKPOINTS FOR A MO-
TORCYCLE DRIVER OR PASSENGER. 
The Secretary may not provide a grant or otherwise 
make available funding to a State, Indian tribe, county, 
municipality, or other local government to be used for any 
program to check helmet usage or create checkpoints for 
a motorcycle driver or passenger. 
SEC. 5008. NATIONAL DRIVER REGISTER. 
(a) ACCURACY OF INFORMATION.—Not later than 
October 1, 2013, to ensure the accuracy of information 
contained in the National Driver Register established 
under section 30302 of title 49, United States Code, the 
Secretary, in cooperation with the States, shall— 
(1) establish and implement procedures to— 
(A) ensure that participating States sub-
mit reports required under section 30304(a) of 
such title with respect to a conviction not later 
than 31 days after receiving notice of the con-
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viction, as required under section 30304(c)(2) 
of such title; and 
(B) verify and improve the accuracy of re-
ports submitted for inclusion in the Register 
under section 30304 of such title; and 
(2) establish and implement a process for— 
(A) the removal or modification of an in-
valid or duplicative driver record contained in 
the Register; and 
(B) the verification of a request for the re-
moval or modification of an invalid or duplica-
tive driver record contained in the Register. 
(b) REPORT TO CONGRESS.—Not later than Feb-
ruary 1, 2013, and every February 1 thereafter, the Sec-
retary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report describing— 
(1) the timeliness and completeness of State 
submissions under section 30304 of title 49, United 
States Code; 
(2) the Department’s efforts to monitor and en-
sure compliance with the reporting requirements 
under such section; and 
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(3) recommendations for improving the Na-
tional Driver Register established under section 
30302 of title 49, United States Code, including the 
accuracy of information contained in the Register, 
and the Problem Driver Pointer System of the 
American Association of Motor Vehicle Administra-
tors. 
TITLE VI—COMMERCIAL MOTOR 
VEHICLE SAFETY 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘Motor Carrier Safety, 
Efficiency, and Accountability Act of 2012’’. 
SEC. 6002. AMENDMENTS TO TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
Subtitle A—Authorization of 
Appropriations 
SEC. 6101. MOTOR CARRIER SAFETY GRANTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
31104(a) is amended to read as follows: 
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‘‘(a) IN GENERAL.—Subject to subsection (f), there 
is authorized to be appropriated from the Highway Trust 
Fund (other than the Alternative Transportation Account) 
to carry out section 31102 $247,000,000 for each of fiscal 
years 2013 through 2016.’’. 
(b) ADMINISTRATIVE TAKEDOWN.— 
(1) IN GENERAL.—Section 31104(e) is amend-
ed to read as follows: 
‘‘(e) 
DEDUCTION
FOR
ADMINISTRATIVE
EX-
PENSES.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year (or as soon after that date as practicable), the 
Secretary may deduct, from amounts made available 
under subsection (a) for that fiscal year, not more 
than 1.25 percent of those amounts for administra-
tive expenses incurred in carrying out section 31102 
in that fiscal year. 
‘‘(2) TRAINING.—The Secretary shall use at 
least 75 percent of the amounts deducted under 
paragraph (1) to train non-Government employees 
and to develop related training materials in carrying 
out section 31102.’’. 
(2) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Secretary shall submit to Congress a 
report detailing the use of amounts deducted under 
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section 31104(e) of title 49, United States Code, as 
amended by paragraph (1) of this subsection. 
(c) ALLOCATION CRITERIA.—Section 31104(f) is 
amended to read as follows: 
‘‘(f) ALLOCATION CRITERIA.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year (or as soon after that date as practicable) and 
after making the deduction under subsection (e), the 
Secretary shall allocate amounts made available to 
carry out section 31102 for such fiscal year among 
the States that are eligible for grant funds under 
section 31102(f)(2). 
‘‘(2) ALLOCATION
FORMULA.—The amounts 
made available to carry out section 31102 shall be 
allocated among the States in the following manner: 
‘‘(A) 20 percent in the ratio that— 
‘‘(i) the total public road mileage in 
each State; bears to 
‘‘(ii) the total public road mileage in 
all States. 
‘‘(B) 20 percent in the ratio that— 
‘‘(i) the total vehicle miles traveled in 
each State; bears to 
‘‘(ii) the total vehicle miles traveled in 
all States. 
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‘‘(C) 20 percent in the ratio that— 
‘‘(i) the total population of each State 
(as shown in the annual census estimates 
issued by the Bureau of the Census); bears 
to 
‘‘(ii) the total population of all States 
(as shown in the annual census estimates 
issued by the Bureau of the Census). 
‘‘(D) 20 percent in the ratio that— 
‘‘(i) the total special fuel consumption 
(net after reciprocity adjustment) in each 
State (as determined by the Secretary); 
bears to 
‘‘(ii) the total special fuel consumption 
(net after reciprocity adjustment) in all 
States (as determined by the Secretary). 
‘‘(E) 10 percent only to those States that 
share a land border with another country and 
conduct border commercial motor vehicle safety 
programs and related activities (in this sub-
paragraph referred to as a ‘border State’), 
with— 
‘‘(i) 70 percent of such amount to be 
allocated among border States in the ratio 
that— 
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‘‘(I) the total number of inter-
national commercial motor vehicle in-
spections conducted within the bound-
aries of each border State (as deter-
mined by the Secretary); bears to 
‘‘(II) the total number of inter-
national commercial motor vehicle in-
spections conducted within the bound-
aries of all border States (as deter-
mined by the Secretary); and 
‘‘(ii) 30 percent of such amount to be 
allocated among border States in the ratio 
that— 
‘‘(I) the total number of land 
border crossing locations with State- 
maintained commercial motor vehicle 
safety 
enforcement 
infrastructure 
within the boundaries of each border 
State (as determined by the Sec-
retary); bears to 
‘‘(II) the total number of land 
border crossing locations with State- 
maintained commercial motor vehicle 
safety 
enforcement 
infrastructure 
within the boundaries of all border 
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States (as determined by the Sec-
retary). 
‘‘(F) 10 percent only to those States that 
reduce the rate of large truck-involved fatal ac-
cidents in the State for the most recent cal-
endar year for which data are available when 
compared to the average rate of large truck-in-
volved fatal accidents in the State for the 10- 
year period ending on the last day preceding 
that calendar year (in this subparagraph re-
ferred to as an ‘eligible State’), with— 
‘‘(i) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total public road mileage 
in each eligible State; bears to 
‘‘(II) the total public road mile-
age in all eligible States; 
‘‘(ii) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total vehicle miles trav-
eled in each eligible State; bears to 
‘‘(II) the total vehicle miles trav-
eled in all eligible States; 
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‘‘(iii) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total population of each 
eligible State (as shown in the annual 
census estimates issued by the Bureau 
of the Census); bears to 
‘‘(II) the total population of all 
eligible States (as shown in the an-
nual census estimates issued by the 
Bureau of the Census); and 
‘‘(iv) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total special fuel con-
sumption (net after reciprocity adjust-
ment) in each eligible State (as deter-
mined by the Secretary); bears to 
‘‘(II) the total special fuel con-
sumption (net after reciprocity adjust-
ment) in all eligible States (as deter-
mined by the Secretary). 
‘‘(3) MAXIMUM AND MINIMUM ALLOCATIONS.— 
‘‘(A) MAXIMUM ALLOCATION.—The alloca-
tion under subparagraphs (A) through (D) of 
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paragraph (2) for a fiscal year to each State 
(excluding the Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands) shall 
be not greater than 4.944 percent of the total 
allocation under those subparagraphs in that 
fiscal year. 
‘‘(B) MINIMUM ALLOCATION.—The alloca-
tion under paragraph (2) for a fiscal year to 
each State (excluding the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana 
Islands) shall be not less than 0.44 percent of 
the total allocation under that paragraph in 
that fiscal year. 
‘‘(C) ALLOCATION TO TERRITORIES.—The 
annual allocation to each of the Virgin Islands, 
American Samoa, Guam, and the Northern 
Mariana Islands shall be $350,000.’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 31104(i) 
is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated from the 
Highway Trust Fund (other than the Alternative 
Transportation Account) for the Secretary of Trans-
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portation to pay administrative expenses of the Fed-
eral 
Motor 
Carrier 
Safety 
Administration 
$244,144,000 for each of fiscal years 2013 through 
2016.’’; and 
(2) by adding at the end the following: 
‘‘(3) OUTREACH AND EDUCATION.— 
‘‘(A) IN GENERAL.—Using the funds au-
thorized by this subsection, the Secretary shall 
conduct an outreach and education program to 
be administered by the Administrator of the 
Federal Motor Carrier Safety Administration in 
cooperation with the Administrator of the Na-
tional Highway Traffic Safety Administration. 
‘‘(B) PROGRAM ELEMENTS.—The program 
shall include, at a minimum, the following: 
‘‘(i) A program to promote a more 
comprehensive and national effort to edu-
cate commercial motor vehicle operators 
and passenger vehicle drivers about how 
such operators and drivers can more safely 
share the road with each other. 
‘‘(ii) A program to promote enhanced 
traffic enforcement efforts aimed at reduc-
ing the incidence of the most common un-
safe driving behaviors that cause or con-
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tribute to crashes involving commercial 
motor vehicles and passenger vehicles. 
‘‘(iii) A program to establish a public- 
private partnership to provide resources 
and expertise for the development and dis-
semination of information relating to shar-
ing the road referred to in clauses (i) and 
(ii) to each partner’s constituents and to 
the general public through the use of bro-
chures, videos, paid and public advertise-
ments, the Internet, and other media.’’. 
SEC. 6102. GRANT PROGRAMS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated from the Highway Trust 
Fund (other than the Alternative Transportation Account) 
the following sums for the following Federal Motor Carrier 
Safety Administration programs: 
(1) COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION
GRANTS.—For commercial driv-
er’s license program implementation grants under 
section 31313 of title 49, United States Code, 
$30,000,000 for each of fiscal years 2013 through 
2016. 
(2) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS DEPLOYMENT.—For carrying 
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out the commercial vehicle information systems and 
networks deployment program under section 4126 of 
SAFETEA–LU (119 Stat. 1738) $30,000,000 for 
each of fiscal years 2013 through 2016. 
(b) PERIOD OF AVAILABILITY.—The amounts made 
available under this section shall remain available until ex-
pended. 
(c) INITIAL DATE OF AVAILABILITY.—Amounts au-
thorized to be appropriated from the Highway Trust Fund 
(other than the Alternative Transportation Account) by 
this section shall be available for obligation on the date 
of their apportionment or allocation or on October 1 of 
the fiscal year for which they are authorized, whichever 
occurs first. 
(d) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant with funds made available under this 
section imposes upon the United States a contractual obli-
gation for payment of the Government’s share of costs in-
curred in carrying out the objectives of the grant. 
Subtitle B—Registration 
SEC. 6201. REGISTRATION REQUIREMENTS. 
(a) GENERAL REQUIREMENTS.—Section 13901 is 
amended to read as follows: 
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‘‘§ 13901. Requirement for registration 
‘‘(a) IN GENERAL.—A person may provide the fol-
lowing transportation or services only if the person is reg-
istered under this chapter to provide the transportation 
or service: 
‘‘(1) Transportation as a motor carrier subject 
to jurisdiction under subchapter I of chapter 135. 
‘‘(2) Service as a freight forwarder subject to 
jurisdiction under subchapter III of chapter 135. 
‘‘(3) Service as a broker for transportation sub-
ject to jurisdiction under subchapter I of chapter 
135. 
‘‘(b) REGISTRATION NUMBERS.— 
‘‘(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 the 
transportation or service. In the case of a person 
registered by the Secretary to provide more than one 
type of transportation or service, the Secretary shall 
issue a separate registration number to the person 
for each authority to provide transportation or serv-
ice. 
‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI-
CATOR.—A registration number issued under para-
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graph (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 the transportation or service.’’. 
(b) AVAILABILITY OF INFORMATION.— 
(1) IN GENERAL.—Chapter 139 is amended by 
adding at the end the following: 
‘‘§ 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 addresses of the principals 
of each entity holding such registration; 
‘‘(2) the status of such registration; and 
‘‘(3) the electronic address of the entity’s surety 
provider for the submission of claims.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for such chapter is amended by adding at the end 
the following: 
‘‘13909. Availability of information.’’. 
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SEC. 6202. MOTOR CARRIER REGISTRATION. 
(a) 
MOTOR
CARRIER
GENERALLY.—Section 
13902(a) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.—Except as provided in this 
section, the Secretary shall register a person to pro-
vide transportation subject to jurisdiction under sub-
chapter I of chapter 135 as a motor carrier using 
self-propelled vehicles the motor carrier owns, rents, 
or leases if the Secretary finds that the person— 
‘‘(A) is willing and able to comply with— 
‘‘(i) this part and the applicable regu-
lations of the Secretary and the Board; 
‘‘(ii) any safety regulations imposed 
by the Secretary; 
‘‘(iii) the duties of employers and em-
ployees established by the Secretary under 
section 31135; 
‘‘(iv) the safety fitness requirements 
established by the Secretary under section 
31144; 
‘‘(v) the accessibility requirements es-
tablished by the Secretary under subpart 
H of part 37 of title 49, Code of Federal 
Regulations, or a successor regulation, for 
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transportation provided by an over-the- 
road bus; and 
‘‘(vi) the minimum financial responsi-
bility requirements established by the Sec-
retary pursuant to sections 13906 and 
31138; 
‘‘(B) has demonstrated, through successful 
completion of a proficiency examination, to be 
developed by the Secretary by regulation, 
knowledge of the requirements and regulations 
described in subparagraph (A); 
‘‘(C) has disclosed to the Secretary any re-
lationship involving common stock, common 
ownership, common control, common manage-
ment, or common familial relationship between 
that person and any other motor carrier in the 
3-year period preceding the date of the filing of 
the application for registration; and 
‘‘(D) has been issued a Department of 
Transportation number under section 31134.’’; 
and 
(2) by adding at the end the following: 
‘‘(6) SEPARATE REGISTRATION REQUIRED.—A 
motor carrier may not broker transportation services 
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unless the motor carrier has registered as a broker 
under this chapter.’’. 
(b) ENHANCED REGISTRATION PROCEDURES
FOR 
HOUSEHOLD GOODS MOTOR CARRIERS.— 
(1) IN
GENERAL.—Section 13902(a)(2) is 
amended to read as follows: 
‘‘(2) REGISTRATION
FOR
HOUSEHOLD
GOODS 
MOTOR CARRIERS.— 
‘‘(A) 
ADDITIONAL
REQUIREMENTS.—In 
addition to meeting the requirements of para-
graph (1), the Secretary may register a person 
to provide transportation of household goods as 
a household goods motor carrier only after the 
person— 
‘‘(i) provides evidence of participation 
in an arbitration program under section 
14708 and provides a copy of the notice of 
the arbitration program as required by sec-
tion 14708(b)(2); 
‘‘(ii) identifies the motor carrier’s tar-
iff and provides a copy of the notice of the 
availability of that tariff for inspection as 
required by section 13702(c); 
‘‘(iii) provides evidence that the per-
son has access to, has read, is familiar 
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with, and will observe all applicable Fed-
eral laws relating to consumer protection, 
estimating, consumers’ rights and respon-
sibilities, and options for limitations of li-
ability for loss and damage; 
‘‘(iv) discloses any relationship involv-
ing common stock, common ownership, 
common control, common management, or 
common familial relationships between the 
person and any other motor carrier, freight 
forwarder, or broker of household goods 
within 3 years of the proposed date of reg-
istration; 
‘‘(v) demonstrates that the person is 
willing and able to comply with the house-
hold goods consumer protection rules of 
the Secretary; and 
‘‘(vi) demonstrates, through successful 
completion of a proficiency examination, to 
be developed by the Secretary by regula-
tion, knowledge of the requirements and 
regulations described in this subparagraph. 
‘‘(B) HOUSEHOLD GOODS AUDITS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall require, by regulation, each registrant 
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described in subparagraph (A) to undergo 
a household goods audit during the 180- 
day period beginning 1 year after the date 
of issuance of a provisional registration to 
the registrant. 
‘‘(ii) REGULATIONS.— 
‘‘(I) DEADLINE.—The Secretary 
shall issue regulations under clause (i) 
not later than 2 years after the date 
of enactment of the Motor Carrier 
Safety, Efficiency, and Accountability 
Act of 2012. 
‘‘(II) 
ISSUANCE
OF
STAND-
ARDS.—The regulations shall include 
standards for household goods audits. 
‘‘(iii) 
CONTENTS.—The 
Secretary 
shall ensure that the standards issued 
under clause (ii)(II) require evidence dem-
onstrating that a registrant described in 
subparagraph (A)— 
‘‘(I) has consistently adhered to 
the household goods regulations of the 
Secretary; 
‘‘(II) has consistently adhered to 
the requirements of its tariff; 
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‘‘(III) has not wrongfully with-
held the household goods of a cus-
tomer; 
‘‘(IV) has not had a pattern of 
substantiated customer service com-
plaints filed against it; and 
‘‘(V) has complied with all rel-
evant arbitration requirements. 
‘‘(C) CORRECTIVE ACTION PLAN.— 
‘‘(i) IN GENERAL.—If a registrant de-
scribed in subparagraph (A) fails a house-
hold goods audit, the registrant may sub-
mit to the Secretary for approval a correc-
tive action plan to address deficiencies 
identified in the audit. The registrant shall 
submit the plan during the 60-day period 
beginning on the date the registrant is no-
tified of the results of the audit. 
‘‘(ii) DEADLINE
FOR
APPROVAL
OR 
DISAPPROVAL.—The Secretary shall ap-
prove or disapprove a corrective action 
plan submitted under clause (i) not later 
than 60 days after the date of submission 
of the plan. 
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‘‘(iii) ASSESSMENT OF IMPLEMENTA-
TION
OF
CORRECTIVE
ACTION
PLAN.—If 
the Secretary approves a corrective action 
plan submitted by a registrant under 
clause (i), the Secretary shall determine, 
during the 1-year period beginning on the 
date of such approval, whether the reg-
istrant has carried out the plan satisfac-
torily. 
‘‘(D) PROVISIONAL REGISTRATION.— 
‘‘(i) IN
GENERAL.—Any registration 
issued under subparagraph (A) shall be 
designated as a provisional registration 
until the audit required by subparagraph 
(B) is completed. 
‘‘(ii) REQUIREMENT
FOR
ISSUANCE 
OF PERMANENT REGISTRATION.—A provi-
sional registration issued to a registrant 
under subparagraph (A) shall become per-
manent after the registrant— 
‘‘(I) passes the household goods 
audit required under subparagraph 
(B); or 
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‘‘(II) implements to the satisfac-
tion of the Secretary a corrective ac-
tion plan under subparagraph (C). 
‘‘(iii) REVOCATION
OF
PROVISIONAL 
REGISTRATION.—If a registrant fails a 
household goods audit required under sub-
paragraph (B) or does not implement to 
the satisfaction of the Secretary a correc-
tive action plan under subparagraph (C), 
the Secretary shall revoke the provisional 
registration of the registrant. 
‘‘(E) REAPPLYING FOR REGISTRATION.— 
‘‘(i) IN
GENERAL.—Nothing in this 
paragraph permanently prohibits a person 
from reapplying for registration to provide 
transportation of household goods as a 
household goods motor carrier. 
‘‘(ii) LIMITATION.—If the Secretary 
revokes the provisional registration of a 
person under this paragraph, the person 
shall be required to wait at least 1 year be-
fore reapplying for a registration to pro-
vide transportation of household goods as 
a household goods motor carrier.’’. 
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(2) RULEMAKING.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall issue a final rule establishing the proficiency 
examination 
referred 
to 
in 
section 
13902(a)(2)(A)(vi) of title 49, United States Code, 
as amended by paragraph (1). 
(c) REGISTRATION
AS FREIGHT FORWARDER
OR 
BROKER REQUIRED.—Section 13902 is amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) REGISTRATION AS FREIGHT FORWARDER OR 
BROKER REQUIRED.—A motor carrier registered under 
this chapter— 
‘‘(1) may only provide transportation of prop-
erty with— 
‘‘(A) self-propelled motor vehicles owned or 
leased by the motor carrier; or 
‘‘(B) interchanges, as permitted under reg-
ulations issued by the Secretary and subject to 
requirements that the originating carrier phys-
ically transports the cargo at some point and 
retains liability for the cargo and payment of 
interchanged carriers; and 
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‘‘(2) may not arrange such transportation un-
less the motor carrier has obtained a separate reg-
istration as a freight forwarder or broker for trans-
portation under section 13903 or 13904, as the case 
may be.’’. 
SEC. 6203. REGISTRATION OF FREIGHT FORWARDERS AND 
BROKERS. 
(a) REGISTRATION
OF FREIGHT FORWARDERS.— 
Section 13903 is amended to read as follows: 
‘‘§ 13903. Registration of freight forwarders 
‘‘(a) IN GENERAL.—The Secretary shall register a 
person to provide service subject to jurisdiction under sub-
chapter III of chapter 135 as a freight forwarder if the 
Secretary finds that the person— 
‘‘(1) is qualified by experience to act as a 
freight forwarder; and 
‘‘(2) is fit, willing, and able to provide the serv-
ice and to comply with this part and applicable regu-
lations of the Secretary. 
‘‘(b) FINANCIAL SECURITY REQUIREMENTS.—A reg-
istration issued under subsection (a) shall remain in effect 
only as long as the freight forwarder is in compliance with 
section 13906(c). 
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‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.—A 
freight forwarder shall employ, as an officer, an individual 
who— 
‘‘(1) has at least 3 years of relevant experience; 
or 
‘‘(2) provides the Secretary with satisfactory 
evidence of completion of relevant training. 
‘‘(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 is 
amended to read as follows: 
‘‘§ 13904. Registration of brokers 
‘‘(a) IN GENERAL.—The Secretary shall register a 
person to be a broker for transportation of property sub-
ject to jurisdiction under subchapter I of chapter 135, if 
the Secretary finds that the person— 
‘‘(1) is qualified by experience to act as a 
broker for transportation; and 
‘‘(2) is fit, willing, and able to be a broker for 
transportation and to comply with this part and ap-
plicable regulations of the Secretary. 
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‘‘(b) FINANCIAL SECURITY REQUIREMENTS.—A reg-
istration issued under subsection (a) shall remain in effect 
only as long as the broker for transportation is in compli-
ance with section 13906(b). 
‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.—A 
broker shall employ, as an officer, an individual who— 
‘‘(1) has at least 3 years of relevant experience; 
or 
‘‘(2) provides the Secretary with satisfactory 
evidence of completion of relevant training. 
‘‘(d) REGISTRATION
AS
MOTOR
CARRIER
RE-
QUIRED.— 
‘‘(1) IN GENERAL.—A broker for transportation 
may not provide transportation as a motor carrier 
unless the broker has registered separately under 
this chapter to provide transportation as a motor 
carrier. 
‘‘(2) LIMITATION.—This subsection does not 
apply to a motor carrier registered under this chap-
ter or to an employee or agent of the motor carrier 
to the extent the transportation is to be provided en-
tirely by the motor carrier. 
‘‘(e) REGULATIONS TO PROTECT MOTOR CARRIERS 
AND SHIPPERS.—Regulations of the Secretary applicable 
to brokers registered under this section shall provide for 
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the protection of motor carriers and shippers by motor ve-
hicle. 
‘‘(f) BOND AND INSURANCE.—The Secretary may im-
pose on brokers for motor carriers of passengers such re-
quirements for bonds or insurance (or both) as the Sec-
retary determines are needed to protect passengers and 
carriers dealing with such brokers.’’. 
SEC. 6204. EFFECTIVE PERIODS OF REGISTRATION. 
Section 13905(c) is amended to read as follows: 
‘‘(c) EFFECTIVE PERIOD.— 
‘‘(1) IN GENERAL.—Except as provided in this 
part, each registration issued under section 13902, 
13903, or 13904 shall be effective from the date 
specified by the Secretary and shall remain in effect 
for such period as the Secretary determines appro-
priate by regulation. 
‘‘(2) REISSUANCE
OF
REGISTRATION.—Not 
later than 4 years after the date of enactment of the 
Motor Carrier Safety, Efficiency, and Accountability 
Act of 2012, the Secretary shall require a freight 
forwarder or broker to renew its registration issued 
under this chapter. Such registration shall expire not 
later than 5 years after the date of such renewal and 
may be further renewed as provided under this chap-
ter. 
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‘‘(3) REQUIREMENT
FOR
INFORMATION
UP-
DATE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
require a motor carrier, freight forwarder, or 
broker to update its registration information 
under this chapter within 30 days of any 
change in address, other contact information, 
officers, process agent, or other essential infor-
mation as determined by the Secretary and 
published in the Federal Register. 
‘‘(B) MOTOR CARRIERS OF PASSENGERS.— 
In addition to the requirements of subpara-
graph (A), the Secretary shall require a motor 
carrier of passengers to update its registration 
information, including numbers of vehicles, an-
nual mileage, and individuals responsible for 
compliance with Federal safety regulations 
quarterly for the first 2 years after being issued 
a registration under section 13902.’’. 
SEC. 6205. REINCARNATED CARRIERS. 
(a) DENIALS, SUSPENSIONS, AMENDMENTS, AND 
REVOCATIONS.—Section 13905(d) is amended— 
(1) by redesignating paragraph (2) as para-
graph (4); 
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(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) APPLICATIONS.—On application of the 
registrant, the Secretary may deny, suspend, amend, 
or revoke a registration. 
‘‘(2) COMPLAINTS
AND
ACTIONS
ON
SEC-
RETARY’S OWN INITIATIVE.—On complaint or on the 
Secretary’s own initiative and after notice and an 
opportunity for a proceeding, the Secretary may— 
‘‘(A) deny, suspend, amend, or revoke any 
part of the registration of a motor carrier, 
broker, or freight forwarder for willful failure to 
comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order 
of the Secretary or the Board, including 
the accessibility requirements established 
by the Secretary under subpart H of part 
37 of title 49, Code of Federal Regula-
tions, or a successor regulation, for trans-
portation provided by an over-the-road bus; 
or 
‘‘(iii) a condition of its registration; 
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‘‘(B) deny, suspend, amend, or revoke any 
part of the registration of a motor carrier, 
broker, or freight forwarder for failure to— 
‘‘(i) pay a civil penalty imposed under 
chapter 5, 51, 149, or 311 of this title; or 
‘‘(ii) arrange and abide by an accept-
able payment plan for such civil penalty, 
within 90 days of the time specified by 
order of the Secretary for the payment of 
such penalty; and 
‘‘(C) deny, suspend, amend, or revoke any 
part of a registration of a motor carrier fol-
lowing a determination by the Secretary that 
the motor carrier failed to disclose in its appli-
cation for registration a material fact relevant 
to its willingness and ability to comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order 
of the Secretary or the Board; or 
‘‘(iii) a condition of its registration. 
‘‘(3) LIMITATION.—Paragraph (2)(B) shall not 
apply to any person who is unable to pay a civil pen-
alty because such person is a debtor in a case under 
chapter 11 of title 11.’’; and 
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(3) in paragraph (4) (as redesignated by sub-
paragraph (A) of this paragraph) by striking ‘‘para-
graph (1)(B)’’ and inserting ‘‘paragraph (2)(B)’’. 
(b) PROCEDURE.—Section 13905(e) is amended by 
inserting ‘‘or if the Secretary determines that the reg-
istrant has failed to disclose a material fact in an applica-
tion for registration in accordance with subsection 
(d)(2)(C)’’ before the first comma. 
(c) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec-
tion 31135 is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AVOIDING COMPLIANCE.— 
‘‘(1) IN
GENERAL.—Two or more employers 
shall not use common ownership, common manage-
ment, common control, or common familial relation-
ship to enable any or all such employers to avoid 
compliance, or mask or otherwise conceal noncompli-
ance, or a history of noncompliance, with commercial 
motor vehicle safety regulations issued under this 
subchapter or an order of the Secretary issued under 
this subchapter or such regulations. 
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524 
‘‘(2) PENALTY.—If the Secretary determines 
that actions described in the preceding sentence have 
occurred, the Secretary shall— 
‘‘(A) deny, suspend, amend, or revoke all 
or part of any such employer’s registration 
under sections 13905 and 31134; and 
‘‘(B) take into account such noncompliance 
for purposes of determining civil penalty 
amounts under section 521(b)(2)(D).’’. 
(d) INFORMATION SYSTEMS.—Section 31106(a)(3) is 
amended— 
(1) in subparagraph (F) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (G) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(H) determine whether a motor carrier is 
or has been related, through common stock, 
common ownership, common control, common 
management, or common familial relationship 
to any other motor carrier.’’. 
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525 
SEC. 
6206. 
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: 
‘‘(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 
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526 
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 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 the case the broker does not 
respond to adequate notice to address the 
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validity of the claim, the surety provider 
determines 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 
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 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
ATTORNEYS
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 attorneys fees. 
‘‘(3) 
MINIMUM
FINANCIAL
SECURITY.—A 
broker subject to the requirements of this section 
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528 
shall provide financial security of $100,000, regard-
less 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— 
‘‘(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 Web 
site 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 the broker 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); 
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‘‘(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— 
‘‘(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 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 broker reg-
istered under this chapter has violated the re-
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530 
quirements 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-
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 provide the finan-
cial security of a broker for 5 years. 
‘‘(8) DEDUCTION OF COSTS PROHIBITED.—The 
amount of the financial security required under this 
subsection may not be reduced by deducting attor-
ney’s fees or administrative costs. 
‘‘(9) FINANCIAL
SECURITY
AMOUNT
ASSESS-
MENT.—Every 5 years, the Secretary shall review, 
with public notice and comment, the amounts of the 
financial security required under this subsection to 
determine whether the amounts are sufficient to pro-
vide adequate financial security, and shall be author-
ized to increase the amounts, if necessary, based 
upon that determination. 
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531 
‘‘(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, 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
FINANCIAL
SECU-
RITY.—In implementing the standards estab-
lished by subparagraph (A), the Secretary may 
authorize the use of a group surety bond, trust 
fund, or other financial security, or a combina-
tion 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-
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532 
graph (A), a trust fund or other financial secu-
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 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 is not resolved within 
a reasonable period of time following a rea-
sonable attempt by the claimant to resolve 
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533 
the claim under clauses (i) and (ii) and the 
claim is reduced to a judgment against the 
freight forwarder. 
‘‘(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 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
ATTORNEYS
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 attorneys 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 to be prescribed by the Secretary. 
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534 
‘‘(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 
the freight forwarder for— 
‘‘(i) bodily injury to, or death of, an 
individual, or 
‘‘(ii) loss of, or damage to, property 
(other than property referred to in sub-
paragraph (C)), 
resulting from the negligent operation, mainte-
nance, or use of motor vehicles by, or under the 
direction and control of, the freight forwarder 
when 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. 
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535 
‘‘(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-
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 the available fi-
nancial security of the freight forwarder 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— 
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‘‘(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— 
‘‘(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. 
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537 
‘‘(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-
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 the 
financial security of a freight forwarder for 5 
years. 
‘‘(9) DEDUCTION OF COSTS PROHIBITED.—The 
amount of the financial security required under this 
subsection may not be reduced by deducting attor-
ney’s fees or administrative costs. 
‘‘(10) FINANCIAL
SECURITY
AND
INSURANCE 
AMOUNT
ASSESSMENT.—Every 5 years, the Sec-
retary shall review, with public notice and comment, 
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538 
the amounts of the financial security and insurance 
required under this subsection to determine whether 
the amounts are sufficient to provide adequate fi-
nancial security, and shall be authorized to increase 
the amounts, if necessary, based upon that deter-
mination.’’. 
(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 of 
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. 
(d) REVIEW
OF SECURITY REQUIREMENTS.—Not 
later than 15 months after the date of enactment of this 
Act, the Inspector General of the Department of Trans-
portation shall— 
(1) review the regulations and enforcement 
practices of the Secretary under subsections (b) and 
(c) of section 13906 of title 49, United States Code, 
as amended by this Act; and 
(2) make any recommendations to the Secretary 
that may be necessary to improve the enforcement of 
such regulations. 
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539 
SEC. 6207. REGISTRATION FEE SYSTEM. 
Section 13908(d)(1) is amended by striking ‘‘but 
shall not exceed $300’’. 
SEC. 6208. 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.—A person may pro-
vide interstate brokerage services as a broker only if the 
person— 
‘‘(1) is registered under, and in compliance 
with, section 13904; and 
‘‘(2) has satisfied the financial security require-
ments under section 13906. 
‘‘(b) Subsection (a) shall not apply to— 
‘‘(1) a non-vessel-operating common carrier (as 
defined in section 40102 of title 46); 
‘‘(2) an ocean freight forwarder (as defined in 
section 40102 of title 46); 
‘‘(3) a customs broker licensed in accordance 
with section 111.2 of title 19, Code of Federal Regu-
lations; or 
‘‘(4) an indirect air carrier holding a Standard 
Security Program approved by the Transportation 
Security Administration, 
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540 
when arranging for inland transportation as part of an 
international through movement involving ocean transpor-
tation between the United States and a foreign port. 
‘‘(c) 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. 
‘‘(d) 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 such 
chapter is amended by adding at the end the following: 
‘‘14916. Unlawful brokerage activities.’’. 
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541 
SEC. 6209. REQUIREMENT FOR REGISTRATION AND USDOT 
NUMBER. 
(a) IN GENERAL.—Subchapter III of chapter 311 is 
amended by inserting after section 31133 the following: 
‘‘§ 31134. Requirement for registration and Depart-
ment of Transportation number 
‘‘(a) IN GENERAL.—An employer or an employee of 
the employer may operate a commercial motor vehicle in 
interstate commerce only if the Secretary of Transpor-
tation registers the employer under this section and issues 
the employer a Department of Transportation number. 
‘‘(b) REGISTRATION.—Upon application for registra-
tion and a Department of Transportation number under 
this section, the Secretary shall register the employer if 
the Secretary determines that— 
‘‘(1) the employer is willing and able to comply 
with the requirements of this subchapter and chap-
ter 51 if applicable; and 
‘‘(2)(A) during the 3-year period before the 
date of the filing of the application, the employer 
was not related through common stock, common 
ownership, common control, common management, 
or common familial relationship to any other person 
subject to safety regulations under this subchapter 
who, during such 3-year period, was unwilling or un-
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542 
able to comply with the requirements of this sub-
chapter or chapter 51 if applicable; or 
‘‘(B) the employer has disclosed to the Sec-
retary any relationship involving common stock, 
common ownership, common control, common man-
agement, or common familial relationship between 
that person and any other motor carrier. 
‘‘(c) REVOCATION OR SUSPENSION.—The Secretary 
shall revoke or suspend the registration of an employer 
issued under subsection (b) if the Secretary determines 
that— 
‘‘(1) the authority of the employer to operate as 
a motor carrier, freight forwarder, or broker pursu-
ant to chapter 139 is revoked or suspended under 
section 13905(d)(1) or 13905(f); or 
‘‘(2) the employer has willfully failed to comply 
with the requirements for registration set forth in 
subsection (b). 
‘‘(d) COMMERCIAL
REGISTRATION.—An employer 
registered under this section may not provide transpor-
tation subject to jurisdiction under subchapter I of chapter 
135 unless the employer is also registered under section 
13902 to provide such transportation. 
‘‘(e) STATE AUTHORITY.—Nothing in this section 
shall be construed as affecting the authority of a State 
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to issue a Department of Transportation number under 
State law to a person operating in intrastate commerce.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 311 is amended by inserting after the item relating 
to section 31133 the following: 
‘‘31134. Requirement for registration and Department of Transportation num-
ber.’’. 
Subtitle C—Commercial Motor 
Vehicle Safety 
SEC. 6301. MOTOR CARRIER SAFETY ASSISTANCE PRO-
GRAM. 
(a) GENERAL AUTHORITY.—Section 31102 is amend-
ed to read as follows: 
‘‘§ 31102. Motor carrier safety assistance program 
‘‘(a) GENERAL
AUTHORITY.—The Secretary of 
Transportation shall administer a motor carrier safety as-
sistance program to assist States with— 
‘‘(1) the development or implementation of pro-
grams for improving motor carrier safety; and 
‘‘(2) the enforcement of Federal regulations, 
standards, and orders (and compatible State regula-
tions, standards, and orders) on— 
‘‘(A) commercial motor vehicle safety; and 
‘‘(B) hazardous materials transportation 
safety. 
‘‘(b) STATE PLANS.— 
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‘‘(1) PROCEDURES.—The Secretary shall pre-
scribe procedures for a State to participate in the 
program, including procedures under which the 
State shall submit a plan, in writing, to the Sec-
retary in which the State agrees— 
‘‘(A) to assume responsibility for improv-
ing motor carrier safety in the State; and 
‘‘(B) to adopt and enforce Federal regula-
tions, standards, and orders (and compatible 
State regulations, standards, and orders) on— 
‘‘(i) commercial motor vehicle safety; 
and 
‘‘(ii) hazardous materials transpor-
tation safety. 
‘‘(2) CONTENTS.—A plan submitted by a State 
under paragraph (1) shall— 
‘‘(A) provide for implementation of per-
formance-based activities, including deployment 
of technology, to enhance the efficiency and ef-
fectiveness of commercial motor vehicle safety 
programs; 
‘‘(B) provide for implementation of a bor-
der commercial motor vehicle safety program 
and related enforcement activities if the State 
shares a land border with another country; 
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‘‘(C) designate a State motor vehicle safety 
agency (in this paragraph referred to as the 
‘designated State agency’) responsible for ad-
ministering the plan throughout the State; 
‘‘(D) provide satisfactory assurances that 
the designated State agency has or will have the 
legal authority, resources, and qualified per-
sonnel necessary to enforce the regulations, 
standards, and orders; 
‘‘(E) provide satisfactory assurances that 
the State will devote adequate amounts to the 
administration of the plan and enforcement of 
the regulations, standards, and orders; 
‘‘(F) provide a right of entry and inspec-
tion to carry out the plan; 
‘‘(G) provide that all reports required 
under this section be submitted to the des-
ignated State agency and that the designated 
State agency will make the reports available to 
the Secretary on request; 
‘‘(H) provide that the designated State 
agency will adopt the reporting requirements 
and use the forms for recordkeeping, inspec-
tions, and investigations the Secretary pre-
scribes; 
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‘‘(I) require registrants of commercial 
motor vehicles to make a declaration of knowl-
edge of applicable safety regulations, standards, 
and orders of the Government and the State; 
‘‘(J) provide that the State will grant max-
imum reciprocity for inspections conducted 
under the North American Inspection Standard 
through the use of a nationally accepted system 
that allows ready identification of previously in-
spected commercial motor vehicles; 
‘‘(K) ensure that activities described in 
subsection (f)(3)(B), if financed with grants 
under this section, will not diminish the effec-
tiveness of the development and implementation 
of commercial motor vehicle safety programs 
described in subsection (a); 
‘‘(L) ensure that the designated State 
agency will coordinate the plan, data collection, 
and information systems with State highway 
safety programs under title 23; 
‘‘(M) ensure participation in appropriate 
Federal Motor Carrier Safety Administration 
information systems and other information sys-
tems by all appropriate jurisdictions receiving 
funding under this section; 
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‘‘(N) provide satisfactory assurances that 
the State is willing and able to exchange infor-
mation with other States in a timely manner; 
‘‘(O) provide satisfactory assurances that 
the State will undertake efforts that will em-
phasize and improve enforcement of State and 
local traffic safety laws and regulations related 
to commercial motor vehicle safety; 
‘‘(P) provide satisfactory assurances that 
the State will promote activities in support of 
national priorities, including— 
‘‘(i) activities aimed at removing im-
paired commercial motor vehicle drivers 
from the highways of the United States— 
‘‘(I) through adequate enforce-
ment of regulations on the use of alco-
hol and controlled substances; and 
‘‘(II) by ensuring ready roadside 
access to alcohol detection and meas-
uring equipment; 
‘‘(ii) activities aimed at providing an 
appropriate level of training to State motor 
carrier safety assistance program officers 
and employees on recognizing drivers im-
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paired by alcohol or controlled substances; 
and 
‘‘(iii) interdiction activities affecting 
the transportation of controlled substances 
by commercial motor vehicle drivers and 
training on appropriate strategies for car-
rying out those interdiction activities; 
‘‘(Q) provide satisfactory assurances that 
the State has established a program to ensure 
that— 
‘‘(i) accurate, complete, and timely 
motor carrier safety data is collected and 
reported to the Secretary; and 
‘‘(ii) the State will participate in a na-
tional motor carrier safety data correction 
system prescribed by the Secretary; 
‘‘(R) ensure that the State will cooperate 
in the enforcement of financial responsibility re-
quirements under sections 13906, 31138, and 
31139 and regulations issued thereunder; 
‘‘(S) ensure consistent, effective, and rea-
sonable sanctions; 
‘‘(T) ensure that roadside inspections will 
be conducted at a location that is adequate to 
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protect the safety of drivers and enforcement 
personnel; 
‘‘(U) provide satisfactory assurances that 
the State will include, in the training manual 
for the licensing examination to drive a non-
commercial motor vehicle and a commercial 
motor vehicle, information on best practices for 
driving safely in the vicinity of noncommercial 
and commercial motor vehicles; 
‘‘(V) provide satisfactory assurances that 
the State will enforce the registration require-
ments of sections 13902 and 31134 by prohib-
iting the operation of any vehicle discovered to 
be operated by a motor carrier— 
‘‘(i) without a registration issued 
under such sections; or 
‘‘(ii) beyond the scope of such reg-
istration; 
‘‘(W) provide satisfactory assurances that 
the State will conduct comprehensive and highly 
visible traffic enforcement and commercial 
motor vehicle safety inspection programs in 
high-risk locations and corridors; and 
‘‘(X) provide for implementation of activi-
ties to monitor the safety performance of motor 
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carriers of passengers, including inspections of 
commercial motor vehicles designed or used to 
transport passengers; except that roadside in-
spections must be conducted at a station, ter-
minal, border crossing, maintenance facility, 
destination, or other location where a motor 
carrier may make a planned stop, except in the 
case of an imminent or obvious safety hazard. 
‘‘(3) MAINTENANCE OF EFFORT.— 
‘‘(A) IN GENERAL.—A plan submitted by a 
State under this subsection shall provide that 
the total expenditure of amounts of the State 
and political subdivisions of the State (not in-
cluding amounts of the United States) for com-
mercial motor vehicle safety programs and for 
enforcement of commercial motor vehicle size 
and weight limitations, drug interdiction, and 
State traffic safety laws and regulations under 
subsection (f) will be maintained at a level at 
least equal to the average level of that expendi-
ture for the 3 most recent fiscal years ending 
before the date of enactment of the Motor Car-
rier Safety, Efficiency, and Accountability Act 
of 2012. 
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‘‘(B) 
CALCULATING
STATE
EXPENDI-
TURES.—In calculating the average level of 
State expenditure, 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 
Government amounts. 
‘‘(c) GUIDANCE AND STANDARDS.— 
‘‘(1) IN GENERAL.—Not later than October 1, 
2013, the Secretary shall— 
‘‘(A) develop guidance on the effectiveness 
of specific enforcement and related activities in 
generating reductions in fatalities and crashes 
involving commercial motor vehicles; and 
‘‘(B) publish standards for data timeliness, 
accuracy, and completeness that will allow 
States to meet the objectives of this section and 
that are consistent with the standards issued 
under section 31106(a)(4). 
‘‘(2) OPTIMIZATION
OF
ALLOCATIONS.—The 
Secretary shall develop a tool for States to optimize 
allocations of motor carrier safety resources to carry 
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out enforcement and related activities to meet the 
objectives of this section. 
‘‘(3) UPDATES OF GUIDANCE.—The Secretary 
shall update the guidance issued under paragraph 
(1)(A) periodically to reflect new information. 
‘‘(d) PERFORMANCE MEASURES.— 
‘‘(1) STATE TARGETS.—For fiscal year 2014, 
and each fiscal year thereafter, each State, in the 
plan submitted by that State under subsection (b), 
shall— 
‘‘(A) establish targets, in quantifiable 
metrics, for enforcement activities, data quality, 
and other benchmarks to reduce fatalities and 
crashes involving commercial motor vehicles; 
‘‘(B) select target activities in accordance 
with the Secretary’s latest guidance to ensure 
States pursue activities likely to generate max-
imum fatality and crash reduction; and 
‘‘(C) meet the standards for data published 
by the Secretary under subsection (c)(1)(B). 
‘‘(2) ANNUAL UPDATES OF STATE PLANS.—A 
State shall— 
‘‘(A) update its plan under subsection (b) 
annually to establish targets for the following 
fiscal year; and 
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‘‘(B) submit the updated plan to the Sec-
retary. 
‘‘(3) REQUIREMENTS
FOR
TARGETS.—If a 
State receives an increase in grant funds under this 
section in a fiscal year as compared to the previous 
fiscal year, the targets established by the State 
under paragraph (1) for the fiscal year shall exceed 
the levels achieved by the State in the previous fiscal 
year. 
‘‘(4) STATE REPORTS.— 
‘‘(A) INFORMATION
ON
FATALITIES
AND 
CRASHES INVOLVING COMMERCIAL MOTOR VE-
HICLES.—Under the motor carrier safety assist-
ance program, a State shall report to the Sec-
retary the number and rate of fatalities and 
crashes involving commercial motor vehicles oc-
curring in the State in the previous fiscal year. 
‘‘(B) OTHER INFORMATION.—A State shall 
include in the report required under subpara-
graph (A) information on commercial motor ve-
hicles registered in the State and involved in 
crashes in such fiscal year and any other infor-
mation requested by the Secretary. 
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554 
‘‘(5) ASSESSMENTS.—As part of the annual 
plan approval process under subsection (e), the Sec-
retary shall assess whether— 
‘‘(A) a State met its targets in the pre-
vious fiscal year; and 
‘‘(B) targeted activities are reducing fatali-
ties and crashes involving commercial motor ve-
hicles. 
‘‘(e) PLAN REVIEW.— 
‘‘(1) APPROVAL PROCESS.—Before distributing 
grant funds under subsection (f) in a fiscal year, the 
Secretary shall— 
‘‘(A) review each State plan submitted to 
the Secretary under subsection (b), as updated 
by the State under subsection (d); and 
‘‘(B)(i) approve the plan if the Secretary 
determines that the plan is adequate to promote 
the objectives of this section; or 
‘‘(ii) disapprove the plan. 
‘‘(2) RESUBMITTAL.—If the Secretary dis-
approves a plan under this subsection, the Secretary 
shall— 
‘‘(A) give the State a written explanation; 
and 
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‘‘(B) allow the State to modify and resub-
mit the plan for approval. 
‘‘(3) CONTINUOUS EVALUATION OF PLANS.— 
‘‘(A) IN GENERAL.—On the basis of re-
ports submitted by the motor vehicle safety 
agency of a State with a plan approved under 
this subsection and the Secretary’s own inves-
tigations, the Secretary shall make a continuing 
evaluation of the way the State is carrying out 
the plan. 
‘‘(B) WITHDRAWAL OF APPROVAL.— 
‘‘(i) IN
GENERAL.—If the Secretary 
finds, after notice and opportunity for 
comment, a State plan previously approved 
under this subsection is not being followed 
or has become inadequate to ensure en-
forcement of the regulations, standards, or 
orders, the Secretary shall withdraw ap-
proval of the plan and notify the State. 
‘‘(ii) EFFECTIVE
DATE.—The plan 
shall not be effective beginning on the date 
the notice is received. 
‘‘(iii) JUDICIAL REVIEW.—A State ad-
versely affected by a withdrawal under this 
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subparagraph may seek judicial review 
under chapter 7 of title 5. 
‘‘(C) ADMINISTRATIVE AND JUDICIAL PRO-
CEEDINGS.—Notwithstanding a withdrawal of 
approval of a State plan under this paragraph, 
the State may retain jurisdiction in administra-
tive or judicial proceedings begun before the 
date of the withdrawal if the issues involved are 
not related directly to the reasons for the with-
drawal. 
‘‘(f) GRANTS TO STATES.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of funds, the Secretary shall make grants to States 
for the development or implementation of programs 
under this section in accordance with paragraph (3). 
‘‘(2) ELIGIBILITY.— 
‘‘(A) IN GENERAL.—A State shall be eligi-
ble for a grant under this subsection in a fiscal 
year in an amount equal to the State’s allocated 
amount determined under section 31104(f) if 
the State has in effect a State plan under sub-
section (b) that has been approved by the Sec-
retary under subsection (e) for that fiscal year. 
‘‘(B) WITHHOLDING
OF
FUNDS.—In the 
case of a State that does not meet the require-
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ments of subparagraph (A) in a fiscal year, the 
Secretary may withhold grant funds from a 
State’s allocated amount determined under sec-
tion 31104(f) for that fiscal year as follows: 
‘‘(i) The Secretary may withhold up to 
25 percent of such funds if the State had 
a plan approved under subsection (e) for 
the fiscal year preceding the fiscal year of 
the grant, but has not had a plan approved 
under subsection (e) for the fiscal year of 
the grant. 
‘‘(ii) The Secretary may withhold up 
to 50 percent of such funds if the State 
had a plan approved under subsection (e) 
for the second fiscal year preceding the fis-
cal year of the grant, but has not had a 
plan approved under subsection (e) for the 
fiscal year of the grant and the preceding 
fiscal year. 
‘‘(iii) The Secretary may withhold up 
to 75 percent of such funds if the State 
had a plan approved under subsection (e) 
for the third fiscal year preceding the fiscal 
year of the grant, but has not had a plan 
approved under subsection (e) for the fiscal 
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year of the grant and the 2 preceding fis-
cal years. 
‘‘(iv) The Secretary may withhold 100 
percent of such funds if the State has not 
had a plan approved under subsection (e) 
for the fiscal year of the grant and the 3 
preceding fiscal years. 
‘‘(C) 
SUBSEQUENT
AVAILABILITY
OF 
WITHHELD FUNDS.—The Secretary shall make 
available to a State the grant funds withheld 
from the State for a fiscal year under subpara-
graph (B) if the Secretary approves the State’s 
plan under subsection (e) on or before the last 
day of that fiscal year. 
‘‘(D) 
REALLOCATION
OF
WITHHELD 
FUNDS.—If the Secretary withholds grant funds 
from a State for a fiscal year under subpara-
graph (B), and the State does not have a plan 
approved under subsection (e) on or before the 
last day of that fiscal year, such funds shall be 
released to the Secretary for reallocation among 
the States under section 31104(f) in the fol-
lowing fiscal year. 
‘‘(3) USE OF GRANT FUNDS.— 
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559 
‘‘(A) IN GENERAL.—A State receiving a 
grant under this subsection shall use the grant 
funds for activities to further the State’s plan 
under subsection (b). 
‘‘(B) USE OF GRANTS TO ENFORCE OTHER 
LAWS.—Subject to subparagraph (C), a State 
may use grant funds received under this sub-
section— 
‘‘(i) if carried out in conjunction with 
an appropriate inspection of a commercial 
motor vehicle to enforce Federal or State 
commercial motor vehicle safety regula-
tions, for— 
‘‘(I) enforcement of commercial 
motor vehicle size and weight limita-
tions at locations other than fixed 
weight facilities, at specific locations 
such as steep grades or mountainous 
terrains where the weight of a com-
mercial motor vehicle can significantly 
affect the safe operation of the vehi-
cle, or at ports where intermodal ship-
ping containers enter and leave the 
United States; and 
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‘‘(II) detection of the unlawful 
presence of a controlled substance (as 
defined under section 102 of the Com-
prehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 
802)) in a commercial motor vehicle 
or on the person of any occupant (in-
cluding the operator) of the vehicle; 
and 
‘‘(ii) for documented enforcement of 
State traffic laws and regulations designed 
to promote the safe operation of commer-
cial motor vehicles, including documented 
enforcement of such laws and regulations 
relating to noncommercial motor vehicles 
when necessary to promote the safe oper-
ation of commercial motor vehicles. 
‘‘(C) LIMITATIONS.— 
‘‘(i) EFFECT ON COMMERCIAL MOTOR 
VEHICLE
SAFETY
PROGRAMS.—A State 
may use grant funds received under this 
subsection for an activity described in sub-
paragraph (B) only if the activity will not 
diminish the effectiveness of commercial 
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561 
motor vehicle safety programs described in 
subsection (a). 
‘‘(ii) ENFORCEMENT
ACTIVITIES
RE-
LATING TO NONCOMMERCIAL MOTOR VEHI-
CLES.—A State may not use more than 5 
percent of the total amount of grants re-
ceived by the State under this subsection 
in a fiscal year for enforcement activities 
relating to noncommercial motor vehicles 
described in subparagraph (B)(ii) unless 
the Secretary determines a higher percent-
age will result in significant increases in 
commercial motor vehicle safety. 
‘‘(g) ANNUAL REPORT.—The Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate an 
annual report that— 
‘‘(1) analyzes commercial motor vehicle safety 
trends among the States and documents the most ef-
fective commercial motor vehicle safety programs 
implemented with grants under this section; 
‘‘(2) describes the effect of activities carried out 
with grants made under this section on commercial 
motor vehicle safety; and 
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562 
‘‘(3) documents the number and rate of fatali-
ties and crashes involving commercial motor vehicles 
by State.’’. 
(b) CONFORMING AMENDMENT.—Section 31103(a) 
is amended by striking ‘‘section 31102(b)(1)(E) of this 
title’’ and inserting ‘‘section 31102(b)(3)’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 311 is amended by striking the item relating to section 
31102 and inserting the following: 
‘‘31102. Motor carrier safety assistance program.’’. 
SEC. 6302. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEMS MANAGEMENT PROGRAM. 
(a) IN GENERAL.—Section 31109 is amended to read 
as follows: 
‘‘§ 31109. Performance and registration information 
systems management program 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
performance and registration information systems man-
agement program to link Federal motor carrier safety in-
formation systems with State commercial vehicle registra-
tion and licensing systems as part of the motor carrier 
information system established under section 31106. 
‘‘(b) DESIGN.—The program shall enable a State 
to— 
‘‘(1) determine the safety fitness of a motor 
carrier or registrant— 
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‘‘(A) when licensing or registering the 
motor carrier or registrant; or 
‘‘(B) while the license or registration is in 
effect; and 
‘‘(2) deny, suspend, or revoke the commercial 
motor vehicle registration of a motor carrier or reg-
istrant to whom the Secretary has issued an oper-
ations out-of-service order. 
‘‘(c) PROGRAM PARTICIPATION.—Not later than Sep-
tember 30, 2015, the Secretary shall require a State to 
participate in the program by— 
‘‘(1) complying with the uniform policies, proce-
dures, and technical and operational standards pre-
scribed by the Secretary under section 31106(a)(4); 
‘‘(2) having in effect a law providing the State 
with the authority to impose the sanctions described 
in paragraph (3)(A) on the basis of an out-of-service 
order issued by the Secretary; and 
‘‘(3) establishing and implementing a process, 
approved by the Secretary, to— 
‘‘(A) deny, suspend, or revoke the vehicle 
registration or seize the registration plates of a 
commercial motor vehicle registered to a motor 
carrier to whom the Secretary has issued an 
out-of-service order; and 
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‘‘(B) reinstate the vehicle registration or 
return the registration plates of the commercial 
motor vehicle subject to sanctions under sub-
paragraph (A) if the Secretary permits such 
carrier to resume operations after the date of 
issuance of such order. 
‘‘(d) FUNDING.—A State may use grant funds made 
available to the State under section 4126 of SAFETEA– 
LU (119 Stat. 1738) for each of fiscal years 2013 through 
2016 to meet the requirements of this section for partici-
pation in the program under subsection (c).’’. 
(b) CONFORMING AMENDMENTS.—Section 31106(b) 
is amended— 
(1) by striking paragraphs (2) through (4); 
(2) by striking ‘‘(b) PERFORMANCE AND REG-
ISTRATION INFORMATION PROGRAM.—’’ and all that 
follows through ‘‘(1) INFORMATION
CLEARING-
HOUSE.—The Secretary’’ and inserting the fol-
lowing: 
‘‘(b) INFORMATION
CLEARINGHOUSE.—The Sec-
retary’’; and 
(3) by aligning the remaining text accordingly. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 311 is amended by striking the item relating to section 
31109 and inserting the following: 
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‘‘31109. Performance and registration information systems management pro-
gram.’’. 
SEC. 6303. COMMERCIAL VEHICLE INFORMATION SYSTEMS 
AND NETWORKS DEPLOYMENT GRANTS. 
(a) IN GENERAL.—Section 4126(a) of SAFETEA– 
LU (119 Stat. 1738) is amended— 
(1) in paragraph (1) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2) by striking ‘‘and Federal’’ 
and all that follows through the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(3) facilitate compliance with Federal and 
State commercial motor vehicle regulatory require-
ments; and 
‘‘(4) provide assistance for State participation 
in the performance and registration information sys-
tems management program under section 31109.’’. 
(b) AMOUNT OF GRANTS.— 
(1) 
CORE
DEPLOYMENT
GRANTS.—Section 
4126(c) of such Act (119 Stat. 1738) is amended— 
(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) as 
paragraph (2). 
(2) EXPANDED DEPLOYMENT GRANTS.—Section 
4126(d) of such Act (119 Stat. 1739) is amended— 
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(A) by striking paragraph (3); and 
(B) by redesignating paragraph (4) as 
paragraph (3). 
(c) ELIGIBILITY.—Section 4126(e) of such Act (119 
Stat. 1739) is amended— 
(1) in paragraph (2)(B)— 
(A) by inserting ‘‘in interstate commerce’’ 
after ‘‘efficiency’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (3) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) shall be participating not later than Sep-
tember 30, 2015, in the performance and registra-
tion information systems management program 
under section 31109 of title 49, United States 
Code.’’. 
(d) FEDERAL SHARE.—Section 4126(f) of such Act 
(119 Stat. 1739) is amended— 
(1) by striking ‘‘The Federal’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The Federal’’; and 
(2) by adding at the end the following: 
‘‘(2) PERFORMANCE AND REGISTRATION INFOR-
MATION
SYSTEMS
MANAGEMENT
PROGRAM.—Not-
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withstanding any other provision of this subsection, 
the Federal share of the cost of a project relating to 
participation in the performance and registration in-
formation systems management program under sec-
tion 31109 of title 49, United States Code, shall be 
100 percent for fiscal years 2013 through 2016.’’. 
SEC. 6304. COMMERCIAL MOTOR VEHICLE SAFETY INSPEC-
TION PROGRAMS. 
(a) IN GENERAL.—Section 31142(b) is amended to 
read as follows: 
‘‘(b) INSPECTION OF VEHICLES AND RECORD RE-
TENTION.— 
‘‘(1) REGULATIONS ON GOVERNMENT STAND-
ARDS.—The Secretary of Transportation shall pre-
scribe regulations on Government standards for in-
spection of commercial motor vehicles and retention 
by employers of records of such inspections. 
‘‘(2) CONTENTS OF STANDARDS.—The stand-
ards shall provide for— 
‘‘(A) annual or more frequent inspections 
of a commercial motor vehicle designed or used 
to transport property unless the Secretary finds 
that another inspection system is as effective as 
an annual or more frequent inspection system; 
and 
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‘‘(B) annual or more frequent inspections 
of a commercial motor vehicle designed or used 
to transport passengers. 
‘‘(3) TREATMENT OF REGULATIONS.—Regula-
tions prescribed under this subsection shall be treat-
ed as regulations prescribed under section 31136. 
‘‘(4) SPECIAL
RULES
FOR
INSPECTION
PRO-
GRAM.—Any inspection required under paragraph 
(2)(B) shall be conducted by, or under a program 
established by, the State in which the vehicle is reg-
istered. A roadside inspection conducted by a State 
or other jurisdiction shall not be considered an in-
spection for the purposes of meeting the require-
ments of paragraph (2)(B).’’. 
(b) PERIODIC REVIEW OF STATE SAFETY INSPEC-
TION PROGRAMS.—The Secretary shall periodically review 
State safety inspection programs of commercial motor ve-
hicles designed or used to transport passengers. 
SEC. 6305. AMENDMENTS TO SAFETY FITNESS DETERMINA-
TION. 
On and after the date the Secretary publishes in the 
Federal register the final rule revising the safety fitness 
determination methodology established pursuant to 31144 
of title 49, United States Code, to correspond with the 
Compliance Safety Accountability program, the Secretary 
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shall consider Safety Recommendation H–99–6 of the Na-
tional Transportation Safety Board, issued February 26, 
1999, closed. 
SEC. 6306. NEW ENTRANT CARRIERS. 
(a) 
SAFETY
REVIEW.—Section 
31144(g)(1) 
is 
amended to read as follows: 
‘‘(1) SAFETY REVIEW.—The Secretary shall re-
quire, by regulation, each owner and operator issued 
a new registration under section 13902 or 31134 to 
undergo a safety review under this section— 
‘‘(A) except as provided by subparagraphs 
(B) and (C), within the first 18 months after 
the date on which the owner or operator begins 
operations under such registration; 
‘‘(B) in the case of an owner or operator 
with authority to transport hazardous mate-
rials, within the first 9 months after the date 
on which the owner or operator begins oper-
ations under such registration; and 
‘‘(C) in the case of an owner or operator 
with authority to transport passengers, within 
the first 90 days after the date on which the 
owner or operator begins operations under such 
registration.’’. 
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(b) 
NEW
ENTRANT
REGISTRATION.—Section 
31144(g)(4) is amended to read as follows: 
‘‘(4) NEW ENTRANT REGISTRATION.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this title, any new registra-
tion issued under section 13902 or 31134 shall 
each be designated as new entrant registration 
until the safety review required by paragraph 
(1) is completed. 
‘‘(B) REQUIREMENT
FOR
ISSUANCE
OF 
PERMANENT
OPERATING
AUTHORITY.—A new 
registration issued to an owner or operator 
under section 13902 or 31134 shall become 
permanent after the owner or operator has 
passed the safety review required under para-
graph (1).’’. 
(c) FUNDING.—Section 31144(g)(5) is amended to 
read as follows: 
‘‘(5) FUNDING.— 
‘‘(A) IN
GENERAL.—A State shall carry 
out the requirements of this section with funds 
allocated to the State under section 31104(f). 
‘‘(B) DETERMINATION.—If the Secretary 
determines that a State or local government is 
not able to use government employees to con-
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duct new entrant motor carrier safety reviews 
with funds allocated to the State under section 
31104(f), the Secretary may conduct for the 
State or local government the safety reviews 
that the State or local government is not able 
to conduct with such funds.’’. 
(d) FEDERAL SHARE.—Section 31103(b) is amended 
to read as follows: 
‘‘(b) NEW ENTRANT MOTOR CARRIER SAFETY RE-
VIEWS.— 
‘‘(1) INCREASE IN SHARE OF COSTS.—Subject 
to paragraph (2), the Secretary may reimburse a 
State an amount that is up to 100 percent of the 
costs incurred by the State in a fiscal year for new 
entrant motor carrier safety reviews conducted 
under section 31144(g). 
‘‘(2) 
LIMITATION.—The 
increased 
Federal 
share provided under paragraph (1) shall apply with 
respect to reimbursements of costs described in 
paragraph (1) made using not more than 20 percent 
of the funds allocated to a State under section 
31104(f) for a fiscal year. Any such reimbursements 
made using an amount in excess of 20 percent of 
such funds shall be subject to the cost-sharing re-
quirements of subsection (a).’’. 
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(e) CONFORMING AMENDMENT.—Section 31144(g) is 
amended, in the subsection heading, by striking ‘‘SAFETY 
REVIEWS OF NEW OPERATORS’’ and inserting ‘‘NEW EN-
TRANT MOTOR CARRIER SAFETY REVIEWS’’. 
SEC. 6307. IMPROVED OVERSIGHT OF MOTOR CARRIERS OF 
PASSENGERS. 
Section 31144 is amended by adding at the end the 
following: 
‘‘(h) SAFETY REVIEWS OF OWNERS AND OPERATORS 
OF INTERSTATE FOR-HIRE COMMERCIAL MOTOR VEHI-
CLES
DESIGNED
OR
USED
TO
TRANSPORT
PAS-
SENGERS.— 
‘‘(1) IN GENERAL.—Not later than September 
30, 2015, the Secretary shall determine the safety 
fitness of each owner, and each operator, of a com-
mercial motor vehicle designed or used to transport 
passengers who the Secretary registers, on or before 
September 30, 2014 (including before the date of 
enactment of this subsection), under section 13902 
or 31134. 
‘‘(2) SAFETY FITNESS RATING.—As part of the 
safety fitness determination required by paragraph 
(1), the Secretary shall assign a safety fitness rating 
to each owner and each operator described in para-
graph (1). 
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‘‘(3) PERIODIC MONITORING.— 
‘‘(A) PROCESS.—The Secretary shall es-
tablish a process, by regulation, for monitoring 
on a regular basis the safety performance of an 
owner or operator of a commercial motor vehi-
cle designed or used to transport passengers, 
following the assignment of a safety rating to 
such owner or operator. 
‘‘(B) ELEMENTS
OF
MONITORING
AND 
SAFETY
ENFORCEMENT.—Regulations issued 
under subparagraph (A) shall provide for the 
following: 
‘‘(i) Monitoring of the safety perform-
ance, in critical safety areas (as defined by 
the Secretary, by regulation) of an owner 
or operator of a commercial motor vehicle 
designed or used to transport passengers 
(including by activities conducted onsite at 
the offices of the owner or operator or off-
site). 
‘‘(ii) 
Increasingly 
more 
stringent 
interventions designed to correct unsafe 
practices of an owner or operator of a com-
mercial motor vehicle designed or used to 
transport passengers. 
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‘‘(iii) Periodic updates to the safety 
fitness rating of an owner or operator if 
the Secretary determines that such update 
will improve the safety performance of the 
owner or operator. 
‘‘(iv) Enforcement action, including 
determining that the owner or operator is 
not fit and may not operate a commercial 
motor vehicle under subsection (c)(2).’’. 
SEC. 6308. DRIVER MEDICAL QUALIFICATIONS. 
(a) EXAMINATION REQUIREMENT
FOR NATIONAL 
REGISTRY
OF
MEDICAL
EXAMINERS.—Section 
31149(c)(1)(D) is amended to read as follows: 
‘‘(D) develop requirements applicable to a 
medical examiner in order for the medical ex-
aminer to be listed in the national registry es-
tablished under this section, including— 
‘‘(i) specific courses and materials 
that must be completed; 
‘‘(ii) at a minimum, self-certification 
requirements to verify that the medical ex-
aminer has completed specific training, in-
cluding refresher courses, that the Sec-
retary determines are necessary; and 
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‘‘(iii) an examination developed by the 
Secretary for which a passing grade must 
be achieved.’’. 
(b) ADDITIONAL OVERSIGHT
OF LICENSING AU-
THORITIES.— 
(1) IN
GENERAL.—Section 31149(c)(1) is 
amended— 
(A) in subparagraph (E) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (F) by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(G) review each year the implementation 
of commercial driver’s license requirements of a 
minimum of 10 States to assess the accuracy, 
validity, and timeliness of— 
‘‘(i) submission of physical examina-
tion reports and medical certificates to 
State licensing agencies; and 
‘‘(ii) the processing of such submis-
sions by State licensing agencies.’’. 
(2) INTERNAL OVERSIGHT POLICY.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall establish an oversight policy and 
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process within the Department for the purposes 
of carrying out the requirement of section 
31149(c)(1)(G) of title 49, United States Code, 
as added by paragraph (1) of this subsection. 
(B) 
EFFECTIVE
DATE.—Section 
31149(c)(1)(G) of title 49, United States Code, 
as added by paragraph (1) of this subsection, 
shall take effect on the date that the oversight 
policy and process is established pursuant to 
subparagraph (A). 
(c) DEADLINE FOR ESTABLISHMENT OF NATIONAL 
REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall establish a national registry of medical examiners as 
required by section 31149(d)(1) of title 49, United States 
Code. 
SEC. 6309. COMMERCIAL MOTOR VEHICLE SAFETY STAND-
ARDS. 
(a) SAFETY STANDARDS FOR COMMERCIAL MOTOR 
VEHICLES OF PROPERTY.— 
(1) RESEARCH.—The Secretary shall conduct 
research on the need for roof strength, pillar 
strength, frontal and back wall strength, and other 
potential occupant protection standards for commer-
cial motor vehicles of property. 
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(2) COMMERCIAL
MOTOR
VEHICLE
OF
PROP-
ERTY DEFINED.—In this subsection, the term ‘‘com-
mercial motor vehicle of property’’ means a motor 
vehicle used in commerce to transport property that 
has a gross vehicle weight rating or gross vehicle 
weight of at least 26,001 pounds, whichever is great-
er. 
(b) SAFETY STANDARDS FOR MOTORCOACHES.— 
(1) 
SAFETY
STANDARDS
FOR
NEW 
MOTORCOACHES.— 
(A) OCCUPANT PROTECTION SYSTEMS.— 
(i) IN GENERAL.—Not later than 3 
years after the date of enactment of this 
Act, the Secretary shall issue standards for 
motorcoach occupant protection systems 
that account for frontal impact collisions, 
side impact collisions, rear impact colli-
sions, and rollovers. Such standards shall 
not eliminate or lessen the occupant pro-
tection standards in effect on the date of 
enactment of this Act and shall— 
(I) be based on sound scientific 
research, extensive testing, and anal-
ysis by the National Highway Traffic 
Safety Administration, consistent with 
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the recommendations of the National 
Transportation Safety Board regard-
ing motorcoach occupant protection; 
and 
(II) take into consideration the 
various types of motorcoaches and the 
various uses and configurations of the 
occupant compartment as well as 
local, State, and Federal size and 
weight limits and restrictions. 
(ii) CONTENTS.—Such standards may 
include seatbelts or other occupant protec-
tion systems, passive or otherwise, for pas-
sengers, including those in child safety re-
straint systems. 
(iii) CONSULTATION.—Prior to issuing 
such standards, the Secretary shall consult 
with affected parties, as appropriate, on 
the proceedings leading to the issuance of 
the standards required by this subpara-
graph. Any communications concerning 
such consultation shall be included in the 
public record of the proceedings leading to 
the issuance of such standards and shall be 
subject to public comment. 
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motorcoach design standards, including 
windows and doors, to improve motorcoach 
emergency evacuation. 
(ii) STANDARDS.—Not later than 3 
years after the date of enactment of this 
Act, the Secretary shall issue motorcoach 
emergency evacuation design standards, in-
cluding— 
(I) window standards that en-
hance the use of windows for emer-
gency evacuation to the maximum ex-
tent feasible, while not detracting 
from the window glazing standards to 
be issued under this paragraph; and 
(II) door standards, including de-
sign of the wheelchair lift door for 
emergency evacuation use. 
(iii) MOTORCOACH
HIGHWAY
SIZE 
AND WEIGHT RESTRICTIONS.—Such stand-
ards shall take into account motorcoach 
highway size and weight restrictions. 
(F) GENERAL PROVISIONS.— 
(i) EFFECT
ON
STATE
AND
LOCAL 
LAWS.—Notwithstanding any provision of 
chapter 301 of title 49, United States 
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Code, a State or a political subdivision of 
a State may not adopt or enforce a law or 
regulation related to a motorcoach crash 
avoidance and occupant protection system 
prior to the effective date of the regula-
tions issued pursuant to this paragraph. 
(ii) APPLICABILITY OF STANDARDS.— 
The standards issued under subparagraphs 
(A) through (E) shall require motorcoaches 
manufactured after the last day of 3-year 
period beginning on the date on which 
such standards are issued to be engineered 
and equipped to meet such standards. 
(iii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subsection or 
in the regulations issued pursuant to this 
subsection may be construed as indicating 
an intention by Congress to affect, change, 
or modify in any way the liability, if any, 
of a motorcoach manufacturer or motor-
coach owner or operator under applicable 
law to buses or motorcoaches, manufac-
tured and operated with or without pas-
senger seat belts or other passenger re-
straint systems, prior to the effective date 
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of the regulations issued under this sub-
section. 
(2) 
SAFETY
STANDARDS
FOR
EXISTING 
MOTORCOACHES.— 
(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this subsection, 
the 
Secretary 
shall 
issue 
standards 
for 
motorcoaches that are manufactured before the 
date that is 3 years after the date on which the 
standards required under paragraph (1) are 
issued, taking into account the limitations 
posed 
by 
the 
need 
to 
retrofit 
existing 
motorcoaches. Such standards shall have the 
same objectives as the standards required under 
subparagraphs (A) through (E) of paragraph 
(1), but may differ from such standards based 
on what is technically feasible for existing 
motorcoaches. 
(B) STANDARDS FOR COMPONENT PARTS 
AND
EQUIPMENT.—In lieu of issuing com-
prehensive standards for motorcoaches under 
subparagraph (A), the Secretary may develop 
standards for various component parts and 
equipment of motorcoaches that would increase 
occupant protection. 
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