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‘‘(5) WAIVER PROHIBITED.—The Secretary may 
not make a waiver under paragraph (2) of this sub-
section for goods produced in a foreign country if the 
Secretary, in consultation with the United States 
Trade Representative, decides that the government of 
that foreign country— 
‘‘(A) has an agreement with the United 
States Government under which the Secretary 
has waived the requirement of this subsection; 
and 
‘‘(B) has violated the agreement by dis-
criminating against goods to which this sub-
section applies that are produced in the United 
States and to which the agreement applies. 
‘‘(6) PENALTY FOR MISLABELING AND MISREPRE-
SENTATION.—A person is ineligible under subpart 9.4 
of the Federal Acquisition Regulation, or any suc-
cessor thereto, to receive a contract or subcontract 
made with amounts authorized under the Federal 
Public Transportation Act of 2012 if a court or de-
partment, agency, or instrumentality of the Govern-
ment decides the person intentionally— 
‘‘(A) affixed a ‘Made in America’ label, or 
a label with an inscription having the same 
meaning, to goods sold in or shipped to the
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† HR 4348 EAS 
United States that are used in a project to which 
this subsection applies but not produced in the 
United States; or 
‘‘(B) represented that goods described in 
subparagraph (A) of this paragraph were pro-
duced in the United States. 
‘‘(7) STATE
REQUIREMENTS.—The Secretary 
may not impose any limitation on assistance pro-
vided under this chapter that restricts a State from 
imposing more stringent requirements than this sub-
section on the use of articles, materials, and supplies 
mined, produced, or manufactured in foreign coun-
tries in projects carried out with that assistance or 
restricts a recipient of that assistance from complying 
with those State-imposed requirements. 
‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT 
ERROR.—The Secretary may allow a manufacturer or 
supplier of steel, iron, or manufactured goods to cor-
rect after bid opening any certification of noncompli-
ance or failure to properly complete the certification 
(but not including failure to sign the certification) 
under this subsection if such manufacturer or sup-
plier attests under penalty of perjury that such man-
ufacturer or supplier submitted an incorrect certifi-
cation as a result of an inadvertent or clerical error.
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† HR 4348 EAS 
The burden of establishing inadvertent or clerical 
error is on the manufacturer or supplier. 
‘‘(9) ADMINISTRATIVE
REVIEW.—A party ad-
versely affected by an agency action under this sub-
section shall have the right to seek review under sec-
tion 702 of title 5. 
‘‘(10) APPLICATION
TO
TRANSIT
PROGRAMS.— 
The requirements under this subsection shall apply to 
all contracts eligible for assistance under this chapter 
for a project carried out within the scope of the appli-
cable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), regardless of the funding source 
of such contracts, if at least 1 contract for the project 
is funded with amounts made available to carry out 
this chapter. 
‘‘(l) PARTICIPATION OF GOVERNMENTAL AGENCIES IN 
DESIGN AND DELIVERY OF TRANSPORTATION SERVICES.— 
Governmental agencies and nonprofit organizations that re-
ceive assistance from Government sources (other than the 
Department of Transportation) for nonemergency transpor-
tation services shall— 
‘‘(1) participate and coordinate with recipients 
of assistance under this chapter in the design and de-
livery of transportation services; and
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† HR 4348 EAS 
‘‘(2) be included in the planning for those serv-
ices. 
‘‘(m) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) FRAUD AND FALSE STATEMENTS.—Section 
1001 of title 18 applies to a certificate, submission, 
or statement provided under this chapter. The Sec-
retary may terminate financial assistance under this 
chapter and seek reimbursement directly, or by offset-
ting amounts, available under this chapter if the Sec-
retary determines that a recipient of such financial 
assistance has made a false or fraudulent statement 
or related act in connection with a Federal public 
transportation program. 
‘‘(2) POLITICAL ACTIVITIES OF NONSUPERVISORY 
EMPLOYEES.—The provision of assistance under this 
chapter shall not be construed to require the applica-
tion of chapter 15 of title 5 to any nonsupervisory 
employee of a public transportation system (or any 
other agency or entity performing related functions) 
to whom such chapter does not otherwise apply. 
‘‘(n) PREAWARD
AND POSTDELIVERY REVIEW
OF 
ROLLING STOCK PURCHASES.—The Secretary shall pre-
scribe regulations requiring a preaward and postdelivery 
review of a grant under this chapter to buy rolling stock 
to ensure compliance with Government motor vehicle safety
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† HR 4348 EAS 
requirements, subsection (k) of this section, and bid speci-
fications requirements of grant recipients under this chap-
ter. Under this subsection, independent inspections and re-
view are required, and a manufacturer certification is not 
sufficient. Rolling stock procurements of 20 vehicles or fewer 
made for the purpose of serving other than urbanized areas 
and urbanized areas with populations of 200,000 or fewer 
shall be subject to the same requirements as established for 
procurements of 10 or fewer buses under the post-delivery 
purchaser’s requirements certification process under section 
663.37(c) of title 49, Code of Federal Regulations. 
‘‘(o) SUBMISSION
OF CERTIFICATIONS.—A certifi-
cation required under this chapter and any additional cer-
tification or assurance required by law or regulation to be 
submitted to the Secretary may be consolidated into a single 
document to be submitted annually as part of a grant ap-
plication under this chapter. The Secretary shall publish 
annually a list of all certifications required under this 
chapter with the publication required under section 
5336(d)(2). 
‘‘(p) GRANT REQUIREMENTS.—The grant require-
ments under sections 5307, 5309, and 5337 apply to any 
project under this chapter that receives any assistance or 
other financing under chapter 6 (other than section 609) 
of title 23.
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† HR 4348 EAS 
‘‘(q) ALTERNATIVE FUELING FACILITIES.—A recipient 
of assistance under this chapter may allow the incidental 
use of federally funded alternative fueling facilities and 
equipment by nontransit public entities and private entities 
if— 
‘‘(1) the incidental use does not interfere with the 
recipient’s public transportation operations; 
‘‘(2) all costs related to the incidental use are 
fully recaptured by the recipient from the nontransit 
public entity or private entity; 
‘‘(3) the recipient uses revenues received from the 
incidental use in excess of costs for planning, capital, 
and operating expenses that are incurred in pro-
viding public transportation; and 
‘‘(4) private entities pay all applicable excise 
taxes on fuel. 
‘‘(r) FIXED GUIDEWAY CATEGORICAL EXCLUSION.— 
‘‘(1) STUDY.—Not later than 6 months after the 
date of enactment of the Federal Public Transpor-
tation Act of 2012, the Secretary shall conduct a 
study to determine the feasibility of providing a cat-
egorical exclusion for streetcar, bus rapid transit, and 
light rail projects located within an existing transpor-
tation right-of-way from the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
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† HR 4348 EAS 
4321 et seq.) in accordance with the Council on Envi-
ronmental Quality implementing regulations under 
parts 1500 through 1508 of title 40, Code of Federal 
Regulations, or any successor thereto. 
‘‘(2) FINDINGS AND RULES.—Not later than 1 
year after the date of enactment of the Federal Public 
Transportation Act of 2012, the Secretary shall issue 
findings and, if appropriate, issue rules to provide 
categorical exclusions for suitable categories of 
projects.’’. 
SEC. 20018. CONTRACT REQUIREMENTS. 
Section 5325 of title 49, United States Code, is amend-
ed— 
(1) in subsection (e), by striking paragraph (1) 
and inserting the following: 
‘‘(1) CONTRACTS.—A recipient procuring rolling 
stock with Government financial assistance under this 
chapter may make a multiyear contract to buy the 
rolling stock and replacement parts under which the 
recipient has an option to buy additional rolling 
stock or replacement parts for— 
‘‘(A) not more than 5 years after the date 
of the original contract for bus procurements; 
and
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† HR 4348 EAS 
‘‘(B) not more than 7 years after the date 
of the original contract for rail procurements, 
provided that such option does not allow for sig-
nificant changes or alterations to the rolling 
stock.’’. 
(2) in subsection (h), by striking ‘‘Federal Public 
Transportation Act of 2005’’ and inserting ‘‘Federal 
Public Transportation Act of 2012’’; 
(3) in subsection (j)(2)(C), by striking ‘‘, includ-
ing the performance reported in the Contractor Per-
formance Assessment Reports required under section 
5309(l)(2)’’; and 
(4) by adding at the end the following: 
‘‘(k) VETERANS EMPLOYMENT.—Recipients and sub-
recipients of Federal financial assistance under this chapter 
shall ensure that contractors working on a capital project 
funded using such assistance give a hiring preference to vet-
erans, as defined in section 2108 of title 5, who have the 
requisite skills and abilities to perform the construction 
work required under the contract.’’. 
SEC. 20019. TRANSIT ASSET MANAGEMENT. 
Section 5326 of title 49, United States Code, is amend-
ed to read as follows:
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† HR 4348 EAS 
‘‘§ 5326. Transit asset management 
‘‘(a) DEFINITIONS.—In this section the following defi-
nitions shall apply: 
‘‘(1) CAPITAL ASSET.—The term ‘capital asset’ 
includes equipment, rolling stock, infrastructure, and 
facilities for use in public transportation and owned 
or leased by a recipient or subrecipient of Federal fi-
nancial assistance under this chapter. 
‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.—The 
term ‘transit asset management plan’ means a plan 
developed by a recipient of funding under this chapter 
that— 
‘‘(A) includes, at a minimum, capital asset 
inventories and condition assessments, decision 
support tools, and investment prioritization; and 
‘‘(B) the recipient certifies complies with 
the rule issued under this section. 
‘‘(3) TRANSIT
ASSET
MANAGEMENT
SYSTEM.— 
The term ‘transit asset management system’ means a 
strategic and systematic process of operating, main-
taining, and improving public transportation capital 
assets effectively throughout the life cycle of such as-
sets. 
‘‘(b) TRANSIT ASSET MANAGEMENT SYSTEM.—The 
Secretary shall establish and implement a national transit 
asset management system, which shall include—
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† HR 4348 EAS 
‘‘(1) a definition of the term ‘state of good re-
pair’ that includes objective standards for measuring 
the condition of capital assets of recipients, including 
equipment, rolling stock, infrastructure, and facilities; 
‘‘(2) a requirement that recipients and subrecipi-
ents of Federal financial assistance under this chapter 
develop a transit asset management plan; 
‘‘(3) a requirement that each recipient of Federal 
financial assistance under this chapter report on the 
condition of the system of the recipient and provide 
a description of any change in condition since the 
last report; 
‘‘(4) an analytical process or decision support 
tool for use by public transportation systems that— 
‘‘(A) allows for the estimation of capital in-
vestment needs of such systems over time; and 
‘‘(B) 
assists 
with 
asset 
investment 
prioritization by such systems; and 
‘‘(5) technical assistance to recipients of Federal 
financial assistance under this chapter. 
‘‘(c) PERFORMANCE MEASURES AND TARGETS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Federal Public Transpor-
tation Act of 2012, the Secretary shall issue a final 
rule to establish performance measures based on the
863 
† HR 4348 EAS 
state of good repair standards established under sub-
section (b)(1). 
‘‘(2) TARGETS.—Not later than 3 months after 
the date on which the Secretary issues a final rule 
under paragraph (1), and each fiscal year thereafter, 
each recipient of Federal financial assistance under 
this chapter shall establish performance targets in re-
lation to the performance measures established by the 
Secretary. 
‘‘(3) REPORTS.—Each recipient of Federal fi-
nancial assistance under this chapter shall submit to 
the Secretary an annual report that describes— 
‘‘(A) the progress of the recipient during the 
fiscal year to which the report relates toward 
meeting the performance targets established 
under paragraph (2) for that fiscal year; and 
‘‘(B) the performance targets established by 
the recipient for the subsequent fiscal year. 
‘‘(d) RULEMAKING.—Not later than 1 year after the 
date of enactment of the Federal Public Transportation Act 
of 2012, the Secretary shall issue a final rule to implement 
the transit asset management system described in subsection 
(b).’’.
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† HR 4348 EAS 
SEC. 20020. PROJECT MANAGEMENT OVERSIGHT. 
Section 5327 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘United States’’ and all that follows 
through ‘‘Secretary of Transportation’’ and in-
serting the following: ‘‘Federal financial assist-
ance for a major capital project for public trans-
portation under this chapter or any other provi-
sion of Federal law, a recipient must prepare a 
project management plan approved by the Sec-
retary and carry out the project in accordance 
with the project management plan’’; and 
(B) in paragraph (12), by striking ‘‘each 
month’’ and inserting ‘‘quarterly’’; 
(2) by striking subsections (c), (d), and (f); 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipi-
ent of Federal financial assistance for public transportation 
under this chapter or any other provision of Federal law 
shall provide the Secretary and a contractor the Secretary 
chooses under section 5338(g) with access to the construction 
sites and records of the recipient when reasonably nec-
essary.’’;
865 
† HR 4348 EAS 
(4) by redesignating subsection (e) as subsection 
(d); and 
(5) in subsection (d), as so redesignated— 
(A) in paragraph (1), by striking ‘‘sub-
section (c) of this section’’ and inserting ‘‘section 
5338(g)’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘preliminary engineer-
ing stage’’ and inserting ‘‘project develop-
ment phase’’; and 
(ii) by striking ‘‘another stage’’ and 
inserting ‘‘another phase’’. 
SEC. 20021. PUBLIC TRANSPORTATION SAFETY. 
(a) PUBLIC TRANSPORTATION SAFETY PROGRAM.— 
Section 5329 of title 49, United States Code, is amended 
to read as follows: 
‘‘§ 5329. Public transportation safety program 
‘‘(a) DEFINITION.—In this section, the term ‘recipient’ 
means a State or local governmental authority, or any other 
operator of a public transportation system, that receives fi-
nancial assistance under this chapter. 
‘‘(b) NATIONAL PUBLIC TRANSPORTATION SAFETY 
PLAN.— 
‘‘(1) IN GENERAL.—The Secretary shall create 
and implement a national public transportation safe-
866 
† HR 4348 EAS 
ty plan to improve the safety of all public transpor-
tation systems that receive funding under this chap-
ter. 
‘‘(2) CONTENTS OF PLAN.—The national public 
transportation safety plan under paragraph (1) shall 
include— 
‘‘(A) safety performance criteria for all 
modes of public transportation; 
‘‘(B) the definition of the term ‘state of good 
repair’ established under section 5326(b); 
‘‘(C) minimum safety performance stand-
ards for public transportation vehicles used in 
revenue operations that— 
‘‘(i) do not apply to rolling stock other-
wise regulated by the Secretary or any other 
Federal agency; and 
‘‘(ii) to the extent practicable, take into 
consideration— 
‘‘(I) relevant recommendations of 
the National Transportation Safety 
Board; and 
‘‘(II) recommendations of, and 
best practices standards developed by, 
the public transportation industry; 
and
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† HR 4348 EAS 
‘‘(D) a public transportation safety certifi-
cation training program, as described in sub-
section (c). 
‘‘(c) PUBLIC
TRANSPORTATION
SAFETY
CERTIFI-
CATION TRAINING PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a public transportation safety certification training 
program for Federal and State employees, or other 
designated personnel, who conduct safety audits and 
examinations of public transportation systems and 
employees of public transportation agencies directly 
responsible for safety oversight. 
‘‘(2) INTERIM PROVISIONS.—Not later than 90 
days after the date of enactment of the Federal Public 
Transportation Act of 2012, the Secretary shall estab-
lish interim provisions for the certification and train-
ing of the personnel described in paragraph (1), 
which shall be in effect until the effective date of the 
final rule issued by the Secretary to implement this 
subsection. 
‘‘(d) PUBLIC
TRANSPORTATION
AGENCY
SAFETY 
PLAN.— 
‘‘(1) IN GENERAL.—Effective 1 year after the ef-
fective date of a final rule issued by the Secretary to 
carry out this subsection, each recipient shall certify
868 
† HR 4348 EAS 
that the recipient has established a comprehensive 
agency safety plan that includes, at a minimum— 
‘‘(A) a requirement that the board of direc-
tors (or equivalent entity) of the recipient ap-
prove the agency safety plan and any updates to 
the agency safety plan; 
‘‘(B) methods for identifying and evaluating 
safety risks throughout all elements of the public 
transportation system of the recipient; 
‘‘(C) strategies to minimize the exposure of 
the public, personnel, and property to hazards 
and unsafe conditions; 
‘‘(D) a process and timeline for conducting 
an annual review and update of the safety plan 
of the recipient; 
‘‘(E) performance targets based on the safe-
ty performance criteria and state of good repair 
standards established under subparagraphs (A) 
and (B), respectively, of subsection (b)(2); 
‘‘(F) assignment of an adequately trained 
safety officer who reports directly to the general 
manager, president, or equivalent officer of the 
recipient; and 
‘‘(G) a comprehensive staff training pro-
gram for the operations personnel and personnel
869 
† HR 4348 EAS 
directly responsible for safety of the recipient 
that includes— 
‘‘(i) the completion of a safety training 
program; and 
‘‘(ii) continuing safety education and 
training. 
‘‘(2) INTERIM AGENCY SAFETY PLAN.—A system 
safety plan developed pursuant to part 659 of title 49, 
Code of Federal Regulations, as in effect on the date 
of enactment of the Federal Public Transportation 
Act of 2012, shall remain in effect until such time as 
this subsection takes effect. 
‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— 
‘‘(1) APPLICABILITY.—This subsection applies 
only to eligible States. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘eligible State’ means a State that has— 
‘‘(A) a rail fixed guideway public transpor-
tation system within the jurisdiction of the State 
that is not subject to regulation by the Federal 
Railroad Administration; or 
‘‘(B) a rail fixed guideway public transpor-
tation system in the engineering or construction 
phase of development within the jurisdiction of
870 
† HR 4348 EAS 
the State that will not be subject to regulation by 
the Federal Railroad Administration. 
‘‘(3) IN GENERAL.—In order to obligate funds 
apportioned under section 5338 to carry out this 
chapter, effective 3 years after the date on which a 
final rule under this subsection becomes effective, an 
eligible State shall have in effect a State safety over-
sight program approved by the Secretary under which 
the State— 
‘‘(A) assumes responsibility for overseeing 
rail fixed guideway public transportation safety; 
‘‘(B) adopts and enforces Federal law on 
rail fixed guideway public transportation safety; 
‘‘(C) establishes a State safety oversight 
agency; 
‘‘(D) determines, in consultation with the 
Secretary, an appropriate staffing level for the 
State safety oversight agency that is commensu-
rate with the number, size, and complexity of the 
rail fixed guideway public transportation sys-
tems in the eligible State; 
‘‘(E) requires that employees and other des-
ignated personnel of the eligible State safety 
oversight agency who are responsible for rail 
fixed guideway public transportation safety over-
871 
† HR 4348 EAS 
sight are qualified to perform such functions 
through appropriate training, including success-
ful completion of the public transportation safety 
certification training program established under 
subsection (c); and 
‘‘(F) prohibits any public transportation 
agency from providing funds to the State safety 
oversight agency or an entity designated by the 
eligible State as the State safety oversight agency 
under paragraph (4). 
‘‘(4) STATE SAFETY OVERSIGHT AGENCY.— 
‘‘(A) IN GENERAL.—Each State safety over-
sight program shall establish a State safety over-
sight agency that— 
‘‘(i) is an independent legal entity re-
sponsible for the safety of rail fixed guide-
way public transportation systems; 
‘‘(ii) is financially and legally inde-
pendent from any public transportation en-
tity that the State safety oversight agency 
oversees; 
‘‘(iii) does not fund, promote, or pro-
vide public transportation services;
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† HR 4348 EAS 
‘‘(iv) does not employ any individual 
who is also responsible for the administra-
tion of public transportation programs; 
‘‘(v) has the authority to review, ap-
prove, oversee, and enforce the implementa-
tion by the rail fixed guideway public 
transportation agency of the public trans-
portation agency safety plan required under 
subsection (d); 
‘‘(vi) has investigative and enforcement 
authority with respect to the safety of rail 
fixed guideway public transportation sys-
tems of the eligible State; 
‘‘(vii) audits, at least once triennially, 
the compliance of the rail fixed guideway 
public transportation systems in the eligible 
State subject to this subsection with the 
public transportation agency safety plan re-
quired under subsection (d); and 
‘‘(viii) provides, at least once annu-
ally, a status report on the safety of the rail 
fixed guideway public transportation sys-
tems the State safety oversight agency over-
sees to—
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† HR 4348 EAS 
‘‘(I) the Federal Transit Adminis-
tration; 
‘‘(II) the Governor of the eligible 
State; and 
‘‘(III) the board of directors, or 
equivalent entity, of any rail fixed 
guideway public transportation system 
that the State safety oversight agency 
oversees. 
‘‘(B) WAIVER.—At the request of an eligible 
State, the Secretary may waive clauses (i) and 
(iii) of subparagraph (A) for eligible States with 
1 or more rail fixed guideway systems in revenue 
operations, design, or construction, that— 
‘‘(i) have fewer than 1,000,000 com-
bined actual and projected rail fixed guide-
way revenue miles per year; or 
‘‘(ii) provide fewer than 10,000,000 
combined actual and projected unlinked 
passenger trips per year. 
‘‘(5) ENFORCEMENT.—Each State safety over-
sight agency shall have the authority to request that 
the Secretary take enforcement actions available 
under subsection (g) against a rail fixed guideway
874 
† HR 4348 EAS 
public transportation system that is not in compli-
ance with Federal safety laws. 
‘‘(6) PROGRAMS FOR MULTI-STATE RAIL FIXED 
GUIDEWAY
PUBLIC
TRANSPORTATION
SYSTEMS.—An 
eligible State that has within the jurisdiction of the 
eligible State a rail fixed guideway public transpor-
tation system that operates in more than 1 eligible 
State shall— 
‘‘(A) jointly with all other eligible States in 
which the rail fixed guideway public transpor-
tation system operates, ensure uniform safety 
standards and enforcement procedures that shall 
be in compliance with this section, and establish 
and implement a State safety oversight program 
approved by the Secretary; or 
‘‘(B) jointly with all other eligible States in 
which the rail fixed guideway public transpor-
tation system operates, designate an entity hav-
ing characteristics consistent with the character-
istics described in paragraph (3) to carry out the 
State safety oversight program approved by the 
Secretary. 
‘‘(7) GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make a grant to an eligible State to develop or
875 
† HR 4348 EAS 
carry out a State safety oversight program, if the 
eligible State submits— 
‘‘(i) a proposal for the establishment of 
a State safety oversight program to the Sec-
retary for review and written approval be-
fore implementing a State safety oversight 
program; and 
‘‘(ii) any amendment to the State safe-
ty oversight program of the eligible State to 
the Secretary for review not later than 60 
days before the effective date of the amend-
ment. 
‘‘(B) DETERMINATION BY SECRETARY.— 
‘‘(i) IN GENERAL.—The Secretary shall 
transmit written approval to an eligible 
State that submits a State safety oversight 
program, if the Secretary determines the 
State safety oversight program meets the re-
quirements of this subsection and the State 
safety oversight program is adequate to pro-
mote the purposes of this section. 
‘‘(ii) 
AMENDMENT.—The 
Secretary 
shall transmit to an eligible State that sub-
mits an amendment under subparagraph
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† HR 4348 EAS 
(A)(ii) a written determination with respect 
to the amendment. 
‘‘(iii) NO WRITTEN DECISION.—If an 
eligible State does not receive a written de-
cision from the Secretary with respect to an 
amendment submitted under subparagraph 
(A)(ii) before the end of the 60-day period 
beginning on the date on which the eligible 
State submits the amendment, the amend-
ment shall be deemed to be approved. 
‘‘(iv) DISAPPROVAL.—If the Secretary 
determines that a State safety oversight pro-
gram does not meet the requirements of this 
subsection, the Secretary shall transmit to 
the eligible State a written explanation and 
allow the eligible State to modify and resub-
mit the State safety oversight program for 
approval. 
‘‘(C) GOVERNMENT SHARE.— 
‘‘(i) IN
GENERAL.—The Government 
share of the reasonable cost of a State safety 
oversight program developed or carried out 
using a grant under this paragraph shall be 
80 percent.
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† HR 4348 EAS 
‘‘(ii) IN-KIND
CONTRIBUTIONS.—Any 
calculation of the non-Government share of 
a State safety oversight program shall in-
clude in-kind contributions by an eligible 
State. 
‘‘(iii) NON-GOVERNMENT SHARE.—The 
non-Government share of the cost of a State 
safety oversight program developed or car-
ried out using a grant under this para-
graph may not be met by— 
‘‘(I) any Federal funds; 
‘‘(II) any funds received from a 
public transportation agency; or 
‘‘(III) any revenues earned by a 
public transportation agency. 
‘‘(iv) SAFETY
TRAINING
PROGRAM.— 
The Secretary may reimburse an eligible 
State or a recipient for the full costs of par-
ticipation in the public transportation safe-
ty certification training program estab-
lished under subsection (c) by an employee 
of a State safety oversight agency or a re-
cipient who is directly responsible for safety 
oversight.
878 
† HR 4348 EAS 
‘‘(8) CONTINUAL
EVALUATION
OF
PROGRAM.— 
The Secretary shall continually evaluate the imple-
mentation of a State safety oversight program by a 
State safety oversight agency, on the basis of— 
‘‘(A) reports submitted by the State safety 
oversight agency under paragraph (4)(A)(viii); 
and 
‘‘(B) audits carried out by the Secretary. 
‘‘(9) INADEQUATE PROGRAM.— 
‘‘(A) IN GENERAL.—If the Secretary finds 
that a State safety oversight program approved 
by the Secretary is not being carried out in ac-
cordance with this section or has become inad-
equate to ensure the enforcement of Federal safe-
ty regulations, the Secretary shall— 
‘‘(i) transmit to the eligible State a 
written explanation of the reason the pro-
gram has become inadequate and inform the 
State of the intention to withhold funds, in-
cluding the amount of funds proposed to be 
withheld under this section, or withdraw 
approval of the State safety oversight pro-
gram; and 
‘‘(ii) allow the eligible State a reason-
able period of time to modify the State safe-
879 
† HR 4348 EAS 
ty oversight program or implementation of 
the program and submit an updated pro-
posal for the State safety oversight program 
to the Secretary for approval. 
‘‘(B) FAILURE
TO
CORRECT.—If the Sec-
retary determines that a modification by an eli-
gible State of the State safety oversight program 
is not sufficient to ensure the enforcement of Fed-
eral safety regulations, the Secretary may— 
‘‘(i) withhold funds available under 
this section in an amount determined by the 
Secretary; or 
‘‘(ii) provide written notice of with-
drawal of State safety oversight program 
approval. 
‘‘(C) TEMPORARY OVERSIGHT.—In the event 
the Secretary takes action under subparagraph 
(B)(ii), the Secretary shall provide oversight of 
the rail fixed guideway systems in an eligible 
State until the State submits a State safety over-
sight program approved by the Secretary. 
‘‘(D) RESTORATION.— 
‘‘(i) CORRECTION.—The eligible State 
shall address any inadequacy to the satis-
faction of the Secretary prior to the Sec-
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† HR 4348 EAS 
retary restoring funds withheld under this 
paragraph. 
‘‘(ii) AVAILABILITY
AND
REALLOCA-
TION.—Any funds withheld under this 
paragraph shall remain available for res-
toration to the eligible State until the end 
of the first fiscal year after the fiscal year 
in which the funds were withheld, after 
which time the funds shall be available to 
the Secretary for allocation to other eligible 
States under this section. 
‘‘(10) FEDERAL
OVERSIGHT.—The Secretary 
shall— 
‘‘(A) oversee the implementation of each 
State safety oversight program under this sub-
section; 
‘‘(B) audit the operations of each State safe-
ty oversight agency at least once triennially; and 
‘‘(C) issue rules to carry out this subsection. 
‘‘(f) AUTHORITY OF SECRETARY.—In carrying out this 
section, the Secretary may— 
‘‘(1) conduct inspections, investigations, audits, 
examinations, and testing of the equipment, facilities, 
rolling stock, and operations of the public transpor-
tation system of a recipient;
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‘‘(2) make reports and issue directives with re-
spect to the safety of the public transportation system 
of a recipient; 
‘‘(3) in conjunction with an accident investiga-
tion or an investigation into a pattern or practice of 
conduct that negatively affects public safety, issue a 
subpoena to, and take the deposition of, any employee 
of a recipient or a State safety oversight agency, if— 
‘‘(A) before the issuance of the subpoena, the 
Secretary requests a determination by the Attor-
ney General of the United States as to whether 
the subpoena will interfere with an ongoing 
criminal investigation; and 
‘‘(B) the Attorney General— 
‘‘(i) determines that the subpoena will 
not interfere with an ongoing criminal in-
vestigation; or 
‘‘(ii) fails to make a determination 
under clause (i) before the date that is 30 
days after the date on which the Secretary 
makes a request under subparagraph (A); 
‘‘(4) require the production of documents by, and 
prescribe recordkeeping and reporting requirements 
for, a recipient or a State safety oversight agency;
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‘‘(5) investigate public transportation accidents 
and incidents and provide guidance to recipients re-
garding prevention of accidents and incidents; 
‘‘(6) at reasonable times and in a reasonable 
manner, enter and inspect equipment, facilities, roll-
ing stock, operations, and relevant records of the pub-
lic transportation system of a recipient; and 
‘‘(7) issue rules to carry out this section. 
‘‘(g) ENFORCEMENT ACTIONS.— 
‘‘(1) TYPES
OF
ENFORCEMENT
ACTIONS.—The 
Secretary may take enforcement action against a re-
cipient that does not comply with Federal law with 
respect to the safety of the public transportation sys-
tem, including— 
‘‘(A) issuing directives; 
‘‘(B) requiring more frequent oversight of 
the recipient by a State safety oversight agency 
or the Secretary; 
‘‘(C) imposing more frequent reporting re-
quirements; 
‘‘(D) requiring that any Federal financial 
assistance provided under this chapter be spent 
on correcting safety deficiencies identified by the 
Secretary or the State safety oversight agency be-
fore such funds are spent on other projects;
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‘‘(E) subject to paragraph (2), withholding 
Federal financial assistance, in an amount to be 
determined by the Secretary, from the recipient, 
until such time as the recipient comes into com-
pliance with this section; and 
‘‘(F) subject to paragraph (3), imposing a 
civil penalty, in an amount to be determined by 
the Secretary. 
‘‘(2) USE OR WITHHOLDING OF FUNDS.— 
‘‘(A) IN GENERAL.—The Secretary may re-
quire the use of funds in accordance with para-
graph (1)(D), or withhold funds under para-
graph (1)(E), only if the Secretary finds that a 
recipient is engaged in a pattern or practice of 
serious safety violations or has otherwise refused 
to comply with Federal law relating to the safety 
of the public transportation system. 
‘‘(B) NOTICE.—Before withholding funds 
from a recipient under paragraph (1)(E), the 
Secretary shall provide to the recipient— 
‘‘(i) written notice of a violation and 
the amount proposed to be withheld; and 
‘‘(ii) a reasonable period of time with-
in which the recipient may address the vio-
lation or propose and initiate an alter-
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† HR 4348 EAS 
native means of compliance that the Sec-
retary determines is acceptable. 
‘‘(C) FAILURE TO ADDRESS.—If the recipi-
ent does not address the violation or propose an 
alternative means of compliance that the Sec-
retary determines is acceptable within the period 
of time specified in the written notice, the Sec-
retary may withhold funds under paragraph 
(1)(E). 
‘‘(D) RESTORATION.— 
‘‘(i) CORRECTION.—The recipient shall 
address any violation to the satisfaction of 
the Secretary prior to the Secretary restor-
ing funds withheld under paragraph (1)(E). 
‘‘(ii) AVAILABILITY
AND
REALLOCA-
TION.—Any funds withheld under para-
graph (1)(E) shall remain available for res-
toration to the recipient until the end of the 
first fiscal year after the fiscal year in 
which the funds were withheld, after which 
time the funds shall be available to the Sec-
retary for allocation to other eligible recipi-
ents. 
‘‘(E) NOTIFICATION.—Not later than 3 days 
before taking any action under subparagraph
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† HR 4348 EAS 
(C), the Secretary shall notify the Committee on 
Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives of such action. 
‘‘(3) CIVIL PENALTIES.— 
‘‘(A) IMPOSITION OF CIVIL PENALTIES.— 
‘‘(i) IN GENERAL.—The Secretary may 
impose a civil penalty under paragraph 
(1)(F) only if— 
‘‘(I) the Secretary has exhausted 
the enforcement actions available under 
subparagraphs (A) through (E) of 
paragraph (1); and 
‘‘(II) the recipient continues to be 
in violation of Federal safety law. 
‘‘(ii) EXCEPTION.—The Secretary may 
waive the requirement under clause (i)(I) if 
the Secretary determines that such a waiver 
is in the public interest. 
‘‘(B) NOTICE.—Before imposing a civil pen-
alty on a recipient under paragraph (1)(F), the 
Secretary shall provide to the recipient—
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† HR 4348 EAS 
‘‘(i) written notice of any violation 
and the penalty proposed to be imposed; 
and 
‘‘(ii) a reasonable period of time with-
in which the recipient may address the vio-
lation or propose and initiate an alter-
native means of compliance that the Sec-
retary determines is acceptable. 
‘‘(C) FAILURE TO ADDRESS.—If the recipi-
ent does not address the violation or propose an 
alternative means of compliance that the Sec-
retary determines is acceptable within the period 
of time specified in the written notice, the Sec-
retary may impose a civil penalty under para-
graph (1)(F). 
‘‘(D) NOTIFICATION.—Not later than 3 days 
before taking any action under subparagraph 
(C), the Secretary shall notify the Committee on 
Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives of such action. 
‘‘(E) DEPOSIT OF CIVIL PENALTIES.—Any 
amounts collected by the Secretary under this
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† HR 4348 EAS 
paragraph shall be deposited into the Mass 
Transit Account of the Highway Trust Fund. 
‘‘(4) ENFORCEMENT
BY
THE
ATTORNEY
GEN-
ERAL.—At the request of the Secretary, the Attorney 
General may bring a civil action— 
‘‘(A) for appropriate injunctive relief to en-
sure compliance with this section; 
‘‘(B) to collect a civil penalty imposed 
under paragraph (1)(F); and 
‘‘(C) to enforce a subpoena, request for ad-
missions, request for production of documents or 
other tangible things, or request for testimony by 
deposition issued by the Secretary under this sec-
tion. 
‘‘(h) COST-BENEFIT ANALYSIS.— 
‘‘(1) ANALYSIS REQUIRED.—In carrying out this 
section, the Secretary shall take into consideration the 
costs and benefits of each action the Secretary pro-
poses to take under this section. 
‘‘(2) WAIVER.—The Secretary may waive the re-
quirement under this subsection if the Secretary de-
termines that such a waiver is in the public interest. 
‘‘(i) CONSULTATION BY THE SECRETARY OF HOME-
LAND SECURITY.—The Secretary of Homeland Security 
shall consult with the Secretary of Transportation before
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† HR 4348 EAS 
the Secretary of Homeland Security issues a rule or order 
that the Secretary of Transportation determines affects the 
safety of public transportation design, construction, or op-
erations. 
‘‘(j) PREEMPTION OF STATE LAW.— 
‘‘(1) NATIONAL UNIFORMITY OF REGULATION.— 
Laws, regulations, and orders related to public trans-
portation safety shall be nationally uniform to the ex-
tent practicable. 
‘‘(2) IN GENERAL.—A State may adopt or con-
tinue in force a law, regulation, or order related to 
the safety of public transportation until the Secretary 
issues a rule or order covering the subject matter of 
the State requirement. 
‘‘(3) MORE
STRINGENT
LAW.—A State may 
adopt or continue in force a law, regulation, or order 
related to the safety of public transportation that is 
consistent with, in addition to, or more stringent 
than a regulation or order of the Secretary if the Sec-
retary determines that the law, regulation, or order— 
‘‘(A) has a safety benefit; 
‘‘(B) is not incompatible with a law, regu-
lation, or order, or the terms and conditions of 
a financial assistance agreement of the United 
States Government; and
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† HR 4348 EAS 
‘‘(C) does not unreasonably burden inter-
state commerce. 
‘‘(4) ACTIONS UNDER STATE LAW.— 
‘‘(A) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to preempt an ac-
tion under State law seeking damages for per-
sonal injury, death, or property damage alleging 
that a party has failed to comply with— 
‘‘(i) a Federal standard of care estab-
lished by a regulation or order issued by the 
Secretary under this section; 
‘‘(ii) its own program, rule, or stand-
ard that it created pursuant to a rule or 
order issued by the Secretary; or 
‘‘(iii) a State law, regulation, or order 
that is not incompatible with paragraph 
(2). 
‘‘(B) EFFECTIVE
DATE.—This paragraph 
shall apply to any cause of action under State 
law arising from an event or activity occurring 
on or after the date of enactment of the Federal 
Public Transportation Act of 2012. 
‘‘(5) JURISDICTION.—Nothing in this section 
shall be construed to create a cause of action under 
Federal law on behalf of an injured party or confer
890 
† HR 4348 EAS 
Federal question jurisdiction for a State law cause of 
action. 
‘‘(k) ANNUAL REPORT.—The Secretary shall submit to 
the Committee on Banking, Housing, and Urban Affairs 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives an annual 
report that— 
‘‘(1) analyzes public transportation safety trends 
among the States and documents the most effective 
safety programs implemented using grants under this 
section; and 
‘‘(2) describes the effect on public transportation 
safety of activities carried out using grants under this 
section.’’. 
(b) BUS SAFETY STUDY.— 
(1) DEFINITION.—In this subsection, the term 
‘‘highway route’’ means a route where 50 percent or 
more of the route is on roads having a speed limit of 
more than 45 miles per hour. 
(2) STUDY.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Trans-
portation shall submit to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives a report that—
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† HR 4348 EAS 
(A) examines the safety of public transpor-
tation buses that travel on highway routes; 
(B) examines laws and regulations that 
apply to commercial over-the-road buses; and 
(C) makes recommendations as to whether 
additional safety measures should be required for 
public transportation buses that travel on high-
way routes. 
SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES 
TESTING. 
Section 5331(b)(2) of title 49, United States Code, is 
amended— 
(1) by redesignating subparagraphs (A) and (B) 
as subparagraphs (B) and (C), respectively; and 
(2) by inserting before subparagraph (B), as so 
redesignated, the following: 
‘‘(A) shall establish and implement an enforce-
ment program that includes the imposition of pen-
alties for failure to comply with this section;’’. 
SEC. 20023. NONDISCRIMINATION. 
(a) AMENDMENTS.—Section 5332 of title 49, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘creed’’ and inserting ‘‘reli-
gion’’; and
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† HR 4348 EAS 
(B) by inserting ‘‘disability,’’ after ‘‘sex,’’; 
and 
(2) in subsection (d)(3), by striking ‘‘and’’ and 
inserting ‘‘or’’. 
(b) EVALUATION AND REPORT.— 
(1) EVALUATION.—The Comptroller General of 
the United States shall evaluate the progress and ef-
fectiveness of the Federal Transit Administration in 
assisting recipients of assistance under chapter 53 of 
title 49, United States Code, to comply with section 
5332(b) of title 49, including— 
(A) by reviewing discrimination com-
plaints, reports, and other relevant information 
collected or prepared by the Federal Transit Ad-
ministration or recipients of assistance from the 
Federal Transit Administration pursuant to any 
applicable civil rights statute, regulation, or 
other requirement; and 
(B) by reviewing the process that the Fed-
eral Transit Administration uses to resolve dis-
crimination complaints filed by members of the 
public. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Banking, Housing,
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† HR 4348 EAS 
and Urban Affairs of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives a report concerning the evaluation 
under paragraph (1) that includes— 
(A) a description of the ability of the Fed-
eral Transit Administration to address discrimi-
nation and foster equal opportunities in feder-
ally funded public transportation projects, pro-
grams, and activities; 
(B) recommendations for improvements if 
the Comptroller General determines that im-
provements are necessary; and 
(C) information upon which the evaluation 
under paragraph (1) is based. 
SEC. 20024. LABOR STANDARDS. 
Section 5333(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘sections 
5307–5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 
5328, 5337, and 5338(b)’’ each place that term ap-
pears and inserting ‘‘sections 5307, 5308, 5309, 5311, 
and 5337’’; and 
(2) in paragraph (5), by inserting ‘‘of Labor’’ 
after ‘‘Secretary’’.
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† HR 4348 EAS 
SEC. 20025. ADMINISTRATIVE PROVISIONS. 
Section 5334 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a)(1), by striking ‘‘under sec-
tions 5307 and 5309–5311 of this title’’ and inserting 
‘‘that receives Federal financial assistance under this 
chapter’’; 
(2) in subsection (b)(1)— 
(A) by inserting after ‘‘emergency,’’ the fol-
lowing: ‘‘or for purposes of establishing and en-
forcing a program to improve the safety of public 
transportation systems in the United States,’’; 
and 
(B) by striking ‘‘chapter, nor may the Sec-
retary’’ and inserting ‘‘chapter. The Secretary 
may not’’; 
(3) in subsection (c)(4), by striking ‘‘section (ex-
cept subsection (i)) and sections 5318(e), 5323(a)(2), 
5325(a), 5325(b), and 5325(f)’’ and inserting ‘‘sub-
section’’; 
(4) in subsection (h)(3), by striking ‘‘another’’ 
and inserting ‘‘any other’’; 
(5) in subsection (i)(1), by striking ‘‘title 23 
shall’’ and inserting ‘‘title 23 may’’; 
(6) by striking subsection (j); and
895 
† HR 4348 EAS 
(7) by redesignating subsections (k) and (l) as 
subsections (j) and (k), respectively. 
SEC. 20026. NATIONAL TRANSIT DATABASE. 
Section 5335 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(c) DATA REQUIRED TO BE REPORTED.—The recipi-
ent of a grant under this chapter shall report to the Sec-
retary, for inclusion in the National Transit Database, any 
information relating to— 
‘‘(1) the causes of a reportable incident, as de-
fined by the Secretary; and 
‘‘(2) a transit asset inventory or condition as-
sessment conducted by the recipient.’’. 
SEC. 20027. APPORTIONMENT OF APPROPRIATIONS FOR 
FORMULA GRANTS. 
Section 5336 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 5336. Apportionment of appropriations for formula 
grants 
‘‘(a) BASED ON URBANIZED AREA POPULATION.—Of 
the amount apportioned under subsection (h)(4) to carry 
out section 5307— 
‘‘(1) 9.32 percent shall be apportioned each fiscal 
year only in urbanized areas with a population of
896 
† HR 4348 EAS 
less than 200,000 so that each of those areas is enti-
tled to receive an amount equal to— 
‘‘(A) 50 percent of the total amount appor-
tioned multiplied by a ratio equal to the popu-
lation of the area divided by the total population 
of all urbanized areas with populations of less 
than 200,000 as shown in the most recent decen-
nial census; and 
‘‘(B) 50 percent of the total amount appor-
tioned multiplied by a ratio for the area based 
on population weighted by a factor, established 
by the Secretary, of the number of inhabitants in 
each square mile; and 
‘‘(2) 90.68 percent shall be apportioned each fis-
cal year only in urbanized areas with populations of 
at least 200,000 as provided in subsections (b) and (c) 
of this section. 
‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE REVENUE 
MILES, DIRECTIONAL ROUTE MILES, AND PASSENGER 
MILES.—(1) In this subsection, ‘fixed guideway vehicle rev-
enue miles’ and ‘fixed guideway directional route miles’ in-
clude passenger ferry operations directly or under contract 
by the designated recipient.
897 
† HR 4348 EAS 
‘‘(2) Of the amount apportioned under subsection 
(a)(2) of this section, 33.29 percent shall be apportioned as 
follows: 
‘‘(A) 95.61 percent of the total amount appor-
tioned under this subsection shall be apportioned so 
that each urbanized area with a population of at least 
200,000 is entitled to receive an amount equal to— 
‘‘(i) 60 percent of the 95.61 percent appor-
tioned under this subparagraph multiplied by a 
ratio equal to the number of fixed guideway ve-
hicle revenue miles attributable to the area, as 
established by the Secretary, divided by the total 
number of all fixed guideway vehicle revenue 
miles attributable to all areas; and 
‘‘(ii) 40 percent of the 95.61 percent appor-
tioned under this subparagraph multiplied by a 
ratio equal to the number of fixed guideway di-
rectional route miles attributable to the area, es-
tablished by the Secretary, divided by the total 
number of all fixed guideway directional route 
miles attributable to all areas. 
An urbanized area with a population of at least 
750,000 in which commuter rail transportation is 
provided shall receive at least .75 percent of the total 
amount apportioned under this subparagraph.
898 
† HR 4348 EAS 
‘‘(B) 4.39 percent of the total amount appor-
tioned under this subsection shall be apportioned so 
that each urbanized area with a population of at least 
200,000 is entitled to receive an amount equal to— 
‘‘(i) the number of fixed guideway vehicle 
passenger miles traveled multiplied by the num-
ber of fixed guideway vehicle passenger miles 
traveled for each dollar of operating cost in an 
area; divided by 
‘‘(ii) the total number of fixed guideway ve-
hicle passenger miles traveled multiplied by the 
total number of fixed guideway vehicle passenger 
miles traveled for each dollar of operating cost in 
all areas. 
An urbanized area with a population of at least 
750,000 in which commuter rail transportation is 
provided shall receive at least .75 percent of the total 
amount apportioned under this subparagraph. 
‘‘(C) Under subparagraph (A) of this paragraph, 
fixed guideway vehicle revenue or directional route 
miles, and passengers served on those miles, in an ur-
banized area with a population of less than 200,000, 
where the miles and passengers served otherwise 
would be attributable to an urbanized area with a 
population of at least 1,000,000 in an adjacent State,
899 
† HR 4348 EAS 
are attributable to the governmental authority in the 
State in which the urbanized area with a population 
of less than 200,000 is located. The authority is 
deemed an urbanized area with a population of at 
least 200,000 if the authority makes a contract for the 
service. 
‘‘(D) A recipient’s apportionment under sub-
paragraph (A)(i) of this paragraph may not be re-
duced if the recipient, after satisfying the Secretary 
that energy or operating efficiencies would be 
achieved, reduces vehicle revenue miles but provides 
the same frequency of revenue service to the same 
number of riders. 
‘‘(c) BASED ON BUS VEHICLE REVENUE MILES AND 
PASSENGER MILES.—Of the amount apportioned under 
subsection (a)(2) of this section, 66.71 percent shall be ap-
portioned as follows: 
‘‘(1) 90.8 percent of the total amount appor-
tioned under this subsection shall be apportioned as 
follows: 
‘‘(A) 73.39 percent of the 90.8 percent ap-
portioned under this paragraph shall be appor-
tioned so that each urbanized area with a popu-
lation of at least 1,000,000 is entitled to receive 
an amount equal to—
900 
† HR 4348 EAS 
‘‘(i) 50 percent of the 73.39 percent ap-
portioned under this subparagraph multi-
plied by a ratio equal to the total bus vehi-
cle revenue miles operated in or directly 
serving the urbanized area divided by the 
total bus vehicle revenue miles attributable 
to all areas; 
‘‘(ii) 25 percent of the 73.39 percent 
apportioned under this subparagraph mul-
tiplied by a ratio equal to the population of 
the area divided by the total population of 
all areas, as shown in the most recent de-
cennial census; and 
‘‘(iii) 25 percent of the 73.39 percent 
apportioned under this subparagraph mul-
tiplied by a ratio for the area based on pop-
ulation weighted by a factor, established by 
the Secretary, of the number of inhabitants 
in each square mile. 
‘‘(B) 26.61 percent of the 90.8 percent ap-
portioned under this paragraph shall be appor-
tioned so that each urbanized area with a popu-
lation of at least 200,000 but not more than 
999,999 is entitled to receive an amount equal 
to—
901 
† HR 4348 EAS 
‘‘(i) 50 percent of the 26.61 percent ap-
portioned under this subparagraph multi-
plied by a ratio equal to the total bus vehi-
cle revenue miles operated in or directly 
serving the urbanized area divided by the 
total bus vehicle revenue miles attributable 
to all areas; 
‘‘(ii) 25 percent of the 26.61 percent 
apportioned under this subparagraph mul-
tiplied by a ratio equal to the population of 
the area divided by the total population of 
all areas, as shown by the most recent de-
cennial census; and 
‘‘(iii) 25 percent of the 26.61 percent 
apportioned under this subparagraph mul-
tiplied by a ratio for the area based on pop-
ulation weighted by a factor, established by 
the Secretary, of the number of inhabitants 
in each square mile. 
‘‘(2) 9.2 percent of the total amount apportioned 
under this subsection shall be apportioned so that 
each urbanized area with a population of at least 
200,000 is entitled to receive an amount equal to— 
‘‘(A) the number of bus passenger miles 
traveled multiplied by the number of bus pas-
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† HR 4348 EAS 
senger miles traveled for each dollar of operating 
cost in an area; divided by 
‘‘(B) the total number of bus passenger 
miles traveled multiplied by the total number of 
bus passenger miles traveled for each dollar of 
operating cost in all areas. 
‘‘(d) DATE
OF
APPORTIONMENT.—The Secretary 
shall— 
‘‘(1) apportion amounts appropriated under sec-
tion 5338(a)(2)(C) of this title to carry out section 
5307 of this title not later than the 10th day after the 
date the amounts are appropriated or October 1 of the 
fiscal year for which the amounts are appropriated, 
whichever is later; and 
‘‘(2) publish apportionments of the amounts, in-
cluding amounts attributable to each urbanized area 
with a population of more than 50,000 and amounts 
attributable to each State of a multistate urbanized 
area, on the apportionment date. 
‘‘(e) AMOUNTS NOT APPORTIONED TO DESIGNATED 
RECIPIENTS.—The Governor of a State may expend in an 
urbanized area with a population of less than 200,000 an 
amount apportioned under this section that is not appor-
tioned to a designated recipient, as defined in section 
5302(4).
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† HR 4348 EAS 
‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) The Gov-
ernor of a State may transfer any part of the State’s appor-
tionment under subsection (a)(1) of this section to supple-
ment amounts apportioned to the State under section 
5311(c)(3). The Governor may make a transfer only after 
consulting with responsible local officials and publicly 
owned operators of public transportation in each area for 
which the amount originally was apportioned under this 
section. 
‘‘(2) The Governor of a State may transfer any part 
of the State’s apportionment under section 5311(c)(3) to 
supplement amounts apportioned to the State under sub-
section (a)(1) of this section. 
‘‘(3) The Governor of a State may use throughout the 
State amounts of a State’s apportionment remaining avail-
able for obligation at the beginning of the 90-day period 
before the period of the availability of the amounts expires. 
‘‘(4) A designated recipient for an urbanized area with 
a population of at least 200,000 may transfer a part of 
its apportionment under this section to the Governor of a 
State. The Governor shall distribute the transferred 
amounts to urbanized areas under this section. 
‘‘(5) Capital and operating assistance limitations ap-
plicable to the original apportionment apply to amounts 
transferred under this subsection.
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† HR 4348 EAS 
‘‘(g) PERIOD OF AVAILABILITY TO RECIPIENTS.—An 
amount apportioned under this section may be obligated 
by the recipient for 5 years after the fiscal year in which 
the amount is apportioned. Not later than 30 days after 
the end of the 5-year period, an amount that is not obli-
gated at the end of that period shall be added to the amount 
that may be apportioned under this section in the next fis-
cal year. 
‘‘(h) APPORTIONMENTS.—Of the amounts made avail-
able for each fiscal year under section 5338(a)(2)(C)— 
‘‘(1) $35,000,000 shall be set aside to carry out 
section 5307(i); 
‘‘(2) 3.07 percent shall be apportioned to urban-
ized areas in accordance with subsection (j); 
‘‘(3) of amounts not apportioned under para-
graphs (1) and (2), 1 percent shall be apportioned to 
urbanized areas with populations of less than 200,000 
in accordance with subsection (i); and 
‘‘(4) any amount not apportioned under para-
graphs (1), (2), and (3) shall be apportioned to ur-
banized areas in accordance with subsections (a) 
through (c). 
‘‘(i) SMALL TRANSIT INTENSIVE CITIES FORMULA.— 
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
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† HR 4348 EAS 
‘‘(A) ELIGIBLE
AREA.—The term ‘eligible 
area’ means an urbanized area with a popu-
lation of less than 200,000 that meets or exceeds 
in one or more performance categories the indus-
try average for all urbanized areas with a popu-
lation of at least 200,000 but not more than 
999,999, as determined by the Secretary in ac-
cordance with subsection (c)(2). 
‘‘(B) PERFORMANCE CATEGORY.—The term 
‘performance category’ means each of the fol-
lowing: 
‘‘(i) Passenger miles traveled per vehi-
cle revenue mile. 
‘‘(ii) Passenger miles traveled per vehi-
cle revenue hour. 
‘‘(iii) Vehicle revenue miles per capita. 
‘‘(iv) Vehicle revenue hours per capita. 
‘‘(v) Passenger miles traveled per cap-
ita. 
‘‘(vi) Passengers per capita. 
‘‘(2) APPORTIONMENT.— 
‘‘(A) 
APPORTIONMENT
FORMULA.—The 
amount to be apportioned under subsection 
(h)(3) shall be apportioned among eligible areas 
in the ratio that—
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† HR 4348 EAS 
‘‘(i) the number of performance cat-
egories for which each eligible area meets or 
exceeds the industry average in urbanized 
areas with a population of at least 200,000 
but not more than 999,999; bears to 
‘‘(ii) the aggregate number of perform-
ance categories for which all eligible areas 
meet or exceed the industry average in ur-
banized areas with a population of at least 
200,000 but not more than 999,999. 
‘‘(B) DATA USED IN FORMULA.—The Sec-
retary shall calculate apportionments under this 
subsection for a fiscal year using data from the 
national transit database used to calculate ap-
portionments for that fiscal year under this sec-
tion. 
‘‘(j) APPORTIONMENT FORMULA.—The amounts ap-
portioned under subsection (h)(2) shall be apportioned 
among urbanized areas as follows: 
‘‘(1) 75 percent of the funds shall be apportioned 
among designated recipients for urbanized areas with 
a population of 200,000 or more in the ratio that— 
‘‘(A) the number of eligible low-income indi-
viduals in each such urbanized area; bears to
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‘‘(B) the number of eligible low-income indi-
viduals in all such urbanized areas. 
‘‘(2) 25 percent of the funds shall be apportioned 
among designated recipients for urbanized areas with 
a population of less than 200,000 in the ratio that— 
‘‘(A) the number of eligible low-income indi-
viduals in each such urbanized area; bears to 
‘‘(B) the number of eligible low-income indi-
viduals in all such urbanized areas.’’. 
SEC. 20028. STATE OF GOOD REPAIR GRANTS. 
Section 5337 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 5337. State of good repair grants 
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions shall apply: 
‘‘(1) FIXED GUIDEWAY.—The term ‘fixed guide-
way’ means a public transportation facility— 
‘‘(A) using and occupying a separate right- 
of-way for the exclusive use of public transpor-
tation; 
‘‘(B) using rail; 
‘‘(C) using a fixed catenary system; 
‘‘(D) for a passenger ferry system; or 
‘‘(E) for a bus rapid transit system.
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‘‘(2) STATE.—The term ‘State’ means the 50 
States, the District of Columbia, and Puerto Rico. 
‘‘(3) STATE OF GOOD REPAIR.—The term ‘state 
of good repair’ has the meaning given that term by 
the Secretary, by rule, under section 5326(b). 
‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.—The 
term ‘transit asset management plan’ means a plan 
developed by a recipient of funding under this chapter 
that— 
‘‘(A) includes, at a minimum, capital asset 
inventories and condition assessments, decision 
support tools, and investment prioritization; and 
‘‘(B) the recipient certifies that the recipient 
complies with the rule issued under section 
5326(d). 
‘‘(b) GENERAL AUTHORITY.— 
‘‘(1) ELIGIBLE PROJECTS.—The Secretary may 
make grants under this section to assist State and 
local governmental authorities in financing capital 
projects to maintain public transportation systems in 
a state of good repair, including projects to replace 
and rehabilitate— 
‘‘(A) rolling stock; 
‘‘(B) track; 
‘‘(C) line equipment and structures;
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‘‘(D) signals and communications; 
‘‘(E) power equipment and substations; 
‘‘(F) passenger stations and terminals; 
‘‘(G) security equipment and systems; 
‘‘(H) maintenance facilities and equipment; 
‘‘(I) operational support equipment, includ-
ing computer hardware and software; 
‘‘(J) development and implementation of a 
transit asset management plan; and 
‘‘(K) other replacement and rehabilitation 
projects the Secretary determines appropriate. 
‘‘(2) INCLUSION IN PLAN.—A recipient shall in-
clude a project carried out under paragraph (1) in 
the transit asset management plan of the recipient 
upon completion of the plan. 
‘‘(c) HIGH INTENSITY FIXED GUIDEWAY STATE OF 
GOOD REPAIR FORMULA.— 
‘‘(1) IN GENERAL.—Of the amount authorized or 
made 
available 
under 
section 
5338(a)(2)(M), 
$1,874,763,500 shall be apportioned to recipients in 
accordance with this subsection. 
‘‘(2) AREA SHARE.— 
‘‘(A) IN
GENERAL.—50 percent of the 
amount described in paragraph (1) shall be ap-
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† HR 4348 EAS 
portioned for fixed guideway systems in accord-
ance with this paragraph. 
‘‘(B) SHARE.—A recipient shall receive an 
amount equal to the amount described in sub-
paragraph (A), multiplied by the amount the re-
cipient would have received under this section, as 
in effect for fiscal year 2011, if the amount had 
been calculated in accordance with section 
5336(b)(1) and using the definition of the term 
‘fixed guideway’ under subsection (a) of this sec-
tion, as such sections are in effect on the day 
after the date of enactment of the Federal Public 
Transportation Act of 2012, and divided by the 
total amount apportioned for all areas under 
this section for fiscal year 2011. 
‘‘(C) RECIPIENT.—For purposes of this 
paragraph, the term ‘recipient’ means an entity 
that received funding under this section, as in ef-
fect for fiscal year 2011. 
‘‘(3) VEHICLE
REVENUE
MILES
AND
DIREC-
TIONAL ROUTE MILES.— 
‘‘(A) IN
GENERAL.—50 percent of the 
amount described in paragraph (1) shall be ap-
portioned to recipients in accordance with this 
paragraph.
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† HR 4348 EAS 
‘‘(B) VEHICLE REVENUE MILES.—A recipi-
ent in an urbanized area shall receive an 
amount equal to 60 percent of the amount de-
scribed in subparagraph (A), multiplied by the 
number of fixed guideway vehicle revenue miles 
attributable to the urbanized area, as established 
by the Secretary, divided by the total number of 
all fixed guideway vehicle revenue miles attrib-
utable to all urbanized areas. 
‘‘(C) DIRECTIONAL
ROUTE
MILES.—A re-
cipient in an urbanized area shall receive an 
amount equal to 40 percent of the amount de-
scribed in subparagraph (A), multiplied by the 
number of fixed guideway directional route miles 
attributable to the urbanized area, as established 
by the Secretary, divided by the total number of 
all fixed guideway directional route miles attrib-
utable to all urbanized areas. 
‘‘(4) LIMITATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the share of the total amount 
apportioned under this section that is appor-
tioned to an area under this subsection shall not 
decrease by more than 0.25 percentage points
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† HR 4348 EAS 
compared to the share apportioned to the area 
under this subsection in the previous fiscal year. 
‘‘(B) SPECIAL
RULE
FOR
FISCAL
YEAR 
2012.—In fiscal year 2012, the share of the total 
amount apportioned under this section that is 
apportioned to an area under this subsection 
shall not decrease by more than 0.25 percentage 
points compared to the share that would have 
been apportioned to the area under this section, 
as in effect for fiscal year 2011, if the share had 
been calculated using the definition of the term 
‘fixed guideway’ under subsection (a) of this sec-
tion, as in effect on the day after the date of en-
actment of the Federal Public Transportation 
Act of 2012. 
‘‘(5) USE OF FUNDS.—Amounts made available 
under this subsection shall be available for the exclu-
sive use of fixed guideway projects. 
‘‘(6) RECEIVING APPORTIONMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), for an area with a fixed 
guideway system, the amounts provided under 
this section shall be apportioned to the des-
ignated recipient for the urbanized area in which 
the system operates.
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‘‘(B) EXCEPTION.—An area described in the 
amendment made by section 3028(a) of the 
Transportation Equity Act for the 21st Century 
(Public Law 105–178; 112 Stat. 366) shall re-
ceive an individual apportionment under this 
subsection. 
‘‘(7) 
APPORTIONMENT
REQUIREMENTS.—For 
purposes of determining the number of fixed guideway 
vehicle revenue miles or fixed guideway directional 
route miles attributable to an urbanized area for a 
fiscal year under this subsection, only segments of 
fixed guideway systems placed in revenue service not 
later than 7 years before the first day of the fiscal 
year shall be deemed to be attributable to an urban-
ized area. 
‘‘(d) FIXED GUIDEWAY STATE
OF GOOD REPAIR 
GRANT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary may make 
grants under this section to assist State and local 
governmental authorities in financing fixed guideway 
capital projects to maintain public transportation 
systems in a state of good repair. 
‘‘(2) COMPETITIVE
PROCESS.—The Secretary 
shall solicit grant applications and make grants for 
eligible projects on a competitive basis.
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‘‘(3) PRIORITY
CONSIDERATION.—In making 
grants under this subsection, the Secretary shall give 
priority to grant applications received from recipients 
receiving an amount under this section that is not 
less than 2 percent less than the amount the recipient 
would have received under this section, as in effect for 
fiscal year 2011, if the amount had been calculated 
using the definition of the term ‘fixed guideway’ 
under subsection (a) of this section, as in effect on the 
day after the date of enactment of the Federal Public 
Transportation Act of 2012. 
‘‘(e) HIGH INTENSITY MOTORBUS STATE OF GOOD RE-
PAIR.— 
‘‘(1) DEFINITION.—For purposes of this sub-
section, the term ‘high intensity motorbus’ means 
public transportation that is provided on a facility 
with access for other high-occupancy vehicles. 
‘‘(2) APPORTIONMENT.—Of the amount author-
ized or made available under section 5338(a)(2)(M), 
$112,500,000 shall be apportioned to urbanized areas 
for high intensity motorbus state of good repair in ac-
cordance with this subsection. 
‘‘(3) VEHICLE
REVENUE
MILES
AND
DIREC-
TIONAL ROUTE MILES.—
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† HR 4348 EAS 
‘‘(A) IN
GENERAL.—$60,000,000 of the 
amount described in paragraph (2) shall be ap-
portioned to each area in accordance with this 
paragraph. 
‘‘(B) VEHICLE
REVENUE
MILES.—Each 
area shall receive an amount equal to 60 percent 
of the amount described in subparagraph (A), 
multiplied by the number of high intensity 
motorbus vehicle revenue miles attributable to the 
area, as established by the Secretary, divided by 
the total number of all high intensity motorbus 
vehicle revenue miles attributable to all areas. 
‘‘(C) DIRECTIONAL
ROUTE
MILES.—Each 
area shall receive an amount equal to 40 percent 
of the amount described in subparagraph (A), 
multiplied by the number of high intensity 
motorbus directional route miles attributable to 
the area, as established by the Secretary, divided 
by the total number of all high intensity 
motorbus directional route miles attributable to 
all areas. 
‘‘(4) SPECIAL
RULE
FOR
HIGH
INTENSITY 
MOTORBUS.—
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† HR 4348 EAS 
‘‘(A) IN
GENERAL.—$52,500,000 of the 
amount described in paragraph (2) shall be ap-
portioned— 
‘‘(i) in accordance with this para-
graph; and 
‘‘(ii) among urbanized areas within a 
State in the same proportion as funds are 
apportioned within a State under section 
5336, except subsection (b), and shall be 
added to such amounts. 
‘‘(B) TERRITORIES.—Of the amount de-
scribed in subparagraph (A), $500,000 shall be 
distributed among the territories, as determined 
by the Secretary. 
‘‘(C) STATES.—Of the amount described in 
subparagraph (A), each State shall receive 
$1,000,000. 
‘‘(5) USE OF FUNDS.—A recipient may transfer 
any part of the apportionment under this subsection 
for use under subsection (c). 
‘‘(6) 
APPORTIONMENT
REQUIREMENTS.—For 
purposes of determining the number of high intensity 
motorbus vehicle revenue miles or high intensity 
motorbus directional route miles attributable to an 
urbanized area for a fiscal year under this subsection,
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† HR 4348 EAS 
only segments of high intensity motorbus systems 
placed in revenue service not later than 7 years before 
the first day of the fiscal year shall be deemed to be 
attributable to an urbanized area. 
‘‘(f) BUS AND BUS FACILITIES STATE OF GOOD RE-
PAIR GRANT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary may make 
grants under this subsection to assist State and local 
governmental authorities in financing bus and bus fa-
cility capital projects to maintain public transpor-
tation systems in a state of good repair. 
‘‘(2) COMPETITIVE
PROCESS.—The Secretary 
shall solicit grant applications and make grants for 
capital projects on a competitive basis. 
‘‘(3) DISTRIBUTION.—The Secretary shall ensure 
that not less than 40 percent of the funds allocated on 
a competitive basis are distributed to rural areas. 
‘‘(4) PRIORITY
CONSIDERATION.—In making 
grants under this subsection, the Secretary shall give 
priority to recipients providing bus-only or high-in-
tensity motorbus service (as defined in subsection 
(e)(1)) in a State whose recipients’ total apportion-
ment from section 5338(a) in fiscal year 2012 minus 
the recipients’ total apportionment from section 
5338(a) in fiscal year 2011 does not exceed 90 percent
918 
† HR 4348 EAS 
of the average annual amount the recipients in the 
State received under section 5309(m)(2)(c), as in ef-
fect on October 1, 2011, in fiscal years 2006 through 
2011.’’. 
SEC. 20029. AUTHORIZATIONS. 
Section 5338 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 5338. Authorizations 
‘‘(a) FORMULA GRANTS.— 
‘‘(1) IN GENERAL.—There shall be available from 
the Mass Transit Account of the Highway Trust Fund 
to carry out sections 5305, 5307, 5308, 5310, 5311, 
5312, 5313, 5314, 5315, 5322, 5335, and 5340, sub-
sections (c) and (e) of section 5337, and section 
20005(b) of the Federal Public Transportation Act of 
2012, $8,360,565,000 for each of fiscal years 2012 and 
2013. 
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 
made available under paragraph (1)— 
‘‘(A) $124,850,000 for each of fiscal years 
2012 and 2013 shall be available to carry out 
section 5305; 
‘‘(B) $20,000,000 for each of fiscal years 
2012 and 2013 shall be available to carry out
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† HR 4348 EAS 
section 20005(b) of the Federal Public Transpor-
tation Act of 2012; 
‘‘(C) $4,756,161,500 for each of fiscal years 
2012 and 2013 shall be allocated in accordance 
with section 5336 to provide financial assistance 
for urbanized areas under section 5307; 
‘‘(D) $65,150,000 for each of fiscal years 
2012 and 2013 shall be available to carry out 
section 5308, of which not less than $8,500,000 
shall be used to carry out activities under section 
5312; 
‘‘(E) $248,600,000 for each of fiscal years 
2012 and 2013 shall be available to provide fi-
nancial assistance for services for the enhanced 
mobility of seniors and individuals with disabil-
ities under section 5310; 
‘‘(F) $591,190,000 for each of fiscal years 
2012 and 2013 shall be available to provide fi-
nancial assistance for other than urbanized areas 
under section 5311, of which not less than 
$30,000,000 shall be available to carry out sec-
tion 5311(c)(1) and $20,000,000 shall be avail-
able to carry out section 5311(c)(2); 
‘‘(G) $34,000,000 for each of fiscal years 
2012 and 2013 shall be available to carry out re-
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† HR 4348 EAS 
search, development, demonstration, and deploy-
ment projects under section 5312; 
‘‘(H) $6,500,000 for each of fiscal years 
2012 and 2013 shall be available to carry out a 
transit cooperative research program under sec-
tion 5313; 
‘‘(I) $4,500,000 for each of fiscal years 2012 
and 2013 shall be available for technical assist-
ance and standards development under section 
5314; 
‘‘(J) $5,000,000 for each of fiscal years 2012 
and 2013 shall be available for the National 
Transit Institute under section 5315; 
‘‘(K) $2,000,000 for each of fiscal years 
2012 and 2013 shall be available for workforce 
development and human resource grants under 
section 5322; 
‘‘(L) $3,850,000 for each of fiscal years 
2012 and 2013 shall be available to carry out 
section 5335; 
‘‘(M) $1,987,263,500 for each of fiscal years 
2012 and 2013 shall be available to carry out 
subsections (c) and (e) of section 5337; and 
‘‘(N) $511,500,000 for each of fiscal years 
2012 and 2013 shall be allocated in accordance
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† HR 4348 EAS 
with section 5340 to provide financial assistance 
for urbanized areas under section 5307 and other 
than urbanized areas under section 5311. 
‘‘(b) EMERGENCY RELIEF PROGRAM.—There are au-
thorized to be appropriated such sums as are necessary to 
carry out section 5306. 
‘‘(c) CAPITAL INVESTMENT GRANTS.—There are au-
thorized to be appropriated to carry out section 5309, 
$1,955,000,000 for each of fiscal years 2012 and 2013, of 
which not less than $75,000,000 shall be available to carry 
out section 5337(f). 
‘‘(d) PAUL S. SARBANES TRANSIT IN THE PARKS.— 
There are authorized to be appropriated to carry out section 
5320, $26,900,000 for each of fiscal years 2012 and 2013. 
‘‘(e) FIXED GUIDEWAY STATE
OF GOOD REPAIR 
GRANT PROGRAM.—There are authorized to be appro-
priated to carry out section 5337(d), $7,463,000 for each 
of fiscal years 2012 and 2013. 
‘‘(f) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out section 5334, $108,350,000 
for each of fiscal years 2012 and 2013. 
‘‘(2) SECTION 5329.—Of the amounts authorized 
to be appropriated under paragraph (1), not less than
922 
† HR 4348 EAS 
$10,000,000 shall be available to carry out section 
5329. 
‘‘(3) SECTION 5326.—Of the amounts made avail-
able under paragraph (2), not less than $1,000,000 
shall be available to carry out section 5326. 
‘‘(g) OVERSIGHT.— 
‘‘(1) IN GENERAL.—Of the amounts made avail-
able to carry out this chapter for a fiscal year, the 
Secretary may use not more than the following 
amounts for the activities described in paragraph (2): 
‘‘(A) 0.5 percent of amounts made available 
to carry out section 5305. 
‘‘(B) 0.75 percent of amounts made avail-
able to carry out section 5307. 
‘‘(C) 1 percent of amounts made available 
to carry out section 5309. 
‘‘(D) 1 percent of amounts made available 
to carry out section 601 of the Passenger Rail 
Investment and Improvement Act of 2008 (Pub-
lic Law 110–432; 126 Stat. 4968). 
‘‘(E) 0.5 percent of amounts made available 
to carry out section 5310. 
‘‘(F) 0.5 percent of amounts made available 
to carry out section 5311.
923 
† HR 4348 EAS 
‘‘(G) 0.5 percent of amounts made available 
to carry out section 5320. 
‘‘(H) 0.75 percent of amounts made avail-
able to carry out section 5337(c). 
‘‘(2) ACTIVITIES.—The activities described in 
this paragraph are as follows: 
‘‘(A) Activities to oversee the construction of 
a major capital project. 
‘‘(B) Activities to review and audit the safe-
ty and security, procurement, management, and 
financial compliance of a recipient or sub-
recipient of funds under this chapter. 
‘‘(C) Activities to provide technical assist-
ance generally, and to provide technical assist-
ance to correct deficiencies identified in compli-
ance reviews and audits carried out under this 
section. 
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov-
ernment shall pay the entire cost of carrying out a 
contract under this subsection. 
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 
made available under paragraph (1)(C) shall be made 
available to the Secretary before allocating the funds 
appropriated to carry out any project under a full 
funding grant agreement.
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† HR 4348 EAS 
‘‘(h) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts made available 
from the Mass Transit Account of the Highway Trust 
Fund pursuant to this section is a contractual obliga-
tion of the Government to pay the Government share 
of the cost of the project. 
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 
A grant or contract that is approved by the Secretary 
and financed with amounts appropriated in advance 
from the General Fund of the Treasury pursuant to 
this section is a contractual obligation of the Govern-
ment to pay the Government share of the cost of the 
project only to the extent that amounts are appro-
priated for such purpose by an Act of Congress. 
‘‘(i) AVAILABILITY
OF AMOUNTS.—Amounts made 
available by or appropriated under this section shall re-
main available until expended.’’. 
SEC. 20030. APPORTIONMENTS BASED ON GROWING STATES 
AND HIGH DENSITY STATES FORMULA FAC-
TORS. 
Section 5340 of title 49, United States Code, is amend-
ed to read as follows:
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† HR 4348 EAS 
‘‘(2) APPORTIONMENTS
BETWEEN
URBANIZED 
AREAS AND OTHER THAN URBANIZED AREAS IN EACH 
STATE.— 
‘‘(A) IN GENERAL.—The Secretary shall ap-
portion amounts to each State under paragraph 
(1) so that urbanized areas in that State receive 
an amount equal to the amount apportioned to 
that State multiplied by a ratio equal to the sum 
of the forecast population of all urbanized areas 
in that State divided by the total forecast popu-
lation of that State. In making the apportion-
ment under this subparagraph, the Secretary 
shall utilize any available forecasts made by the 
State. If no forecasts are available, the Secretary 
shall utilize data on urbanized areas and total 
population from the most recent decennial cen-
sus. 
‘‘(B) REMAINING
AMOUNTS.—Amounts re-
maining for each State after apportionment 
under subparagraph (A) shall be apportioned to 
that State and added to the amount made avail-
able for grants under section 5311. 
‘‘(3) 
APPORTIONMENTS
AMONG
URBANIZED 
AREAS IN EACH STATE.—The Secretary shall appor-
tion amounts made available to urbanized areas in
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† HR 4348 EAS 
each State under paragraph (2)(A) so that each ur-
banized area receives an amount equal to the amount 
apportioned under paragraph (2)(A) multiplied by a 
ratio equal to the population of each urbanized area 
divided by the sum of populations of all urbanized 
areas in the State. Amounts apportioned to each ur-
banized area shall be added to amounts apportioned 
to that urbanized area under section 5336, and made 
available for grants under section 5307. 
‘‘(d) HIGH
DENSITY
STATE
APPORTIONMENTS.— 
Amounts to be apportioned under subsection (b)(2) shall be 
apportioned as follows: 
‘‘(1) ELIGIBLE
STATES.—The Secretary shall 
designate as eligible for an apportionment under this 
subsection all States with a population density in ex-
cess of 370 persons per square mile. 
‘‘(2) STATE
URBANIZED
LAND
FACTOR.—For 
each State qualifying for an apportionment under 
paragraph (1), the Secretary shall calculate an 
amount equal to— 
‘‘(A) the total land area of the State (in 
square miles); multiplied by 
‘‘(B) 370; multiplied by 
‘‘(C)(i) the population of the State in ur-
banized areas; divided by
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† HR 4348 EAS 
‘‘(ii) the total population of the State. 
‘‘(3) STATE APPORTIONMENT FACTOR.—For each 
State qualifying for an apportionment under para-
graph (1), the Secretary shall calculate an amount 
equal to the difference between the total population of 
the State less the amount calculated in paragraph (2). 
‘‘(4) 
STATE
APPORTIONMENT.—Each 
State 
qualifying for an apportionment under paragraph (1) 
shall receive an amount equal to the amount to be ap-
portioned under this subsection multiplied by the 
amount calculated for the State under paragraph (3) 
divided by the sum of the amounts calculated under 
paragraph (3) for all States qualifying for an appor-
tionment under paragraph (1). 
‘‘(5) 
APPORTIONMENTS
AMONG
URBANIZED 
AREAS IN EACH STATE.—The Secretary shall appor-
tion amounts made available to each State under 
paragraph (4) so that each urbanized area receives an 
amount equal to the amount apportioned under para-
graph (4) multiplied by a ratio equal to the popu-
lation of each urbanized area divided by the sum of 
populations of all urbanized areas in the State. 
Amounts apportioned to each urbanized area shall be 
added to amounts apportioned to that urbanized area
929 
† HR 4348 EAS 
under section 5336, and made available for grants 
under section 5307.’’. 
SEC. 20031. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) SECTION 5305.—Section 5305 of title 49, United 
States Code, is amended— 
(1) in subsection (c), by striking ‘‘sections 5303, 
5304, and 5306’’ and inserting ‘‘sections 5303 and 
5304’’; 
(2) in subsection (d), by striking ‘‘sections 5303 
and 5306’’ each place that term appears and insert-
ing ‘‘section 5303’’; 
(3) in subsection (e)(1)(A), by striking ‘‘sections 
5304, 5306, 5315, and 5322’’ and inserting ‘‘section 
5304’’; 
(4) in subsection (f)— 
(A) in the heading, by striking ‘‘GOVERN-
MENT’S’’ and inserting ‘‘GOVERNMENT’’; and 
(B) by striking ‘‘Government’s’’ and insert-
ing ‘‘Government’’; and 
(5) in subsection (g), by striking ‘‘section 5338(c) 
for fiscal years 2005 through 2011 and for the period 
beginning on October 1, 2011, and ending on March 
31, 2012’’ and inserting ‘‘section 5338(a)(2)(A) for a 
fiscal year’’.
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† HR 4348 EAS 
(b) SECTION 5313.—Section 5313(a) of title 49, 
United States Code, is amended— 
(1) in the first sentence, by striking ‘‘subsections 
(a)(5)(C)(iii) and (d)(1) of section 5338’’ and insert-
ing section ‘‘5338(a)(2)(H)’’; and 
(2) in the second sentence, by striking ‘‘of Trans-
portation’’. 
(c) SECTION 5319.—Section 5319 of title 49, United 
States Code, is amended, in the second sentence— 
(1) by striking ‘‘sections 5307(e), 5309(h), and 
5311(g) of this title’’ and inserting ‘‘sections 5307(e), 
5309(k), and 5311(h)’’; and 
(2) by striking ‘‘of the United States’’ and in-
serting ‘‘made by the’’. 
(d) SECTION 5325.—Section 5325(b)(2)(A) of title 49, 
United States Code, is amended by striking ‘‘title 48, Code 
of Federal Regulations (commonly known as the Federal 
Acquisition Regulation)’’ and inserting ‘‘the Federal Acqui-
sition Regulation, or any successor thereto’’. 
(e) SECTION 5330.—Effective 3 years after the effective 
date of the final rules issued by the Secretary of Transpor-
tation under section 5329(e) of title 49, United States Code, 
as amended by this division, section 5330 of title 49, United 
States Code, is repealed.
931 
† HR 4348 EAS 
(f) SECTION 5331.—Section 5331 of title 49, United 
States Code, is amended by striking ‘‘Secretary of Trans-
portation’’ each place that term appears and inserting 
‘‘Secretary’’. 
(g) SECTION 5332.—Section 5332(c)(1) of title 49, 
United States Code, is amended by striking ‘‘of Transpor-
tation’’. 
(h) SECTION 5333.—Section 5333(a) of title 49, 
United States Code, is amended by striking ‘‘sections 3141– 
3144’’ and inserting ‘‘sections 3141 through 3144’’. 
(i) SECTION 5334.—Section 5334 of title 49, United 
States Code, is amended— 
(1) in subsection (c)— 
(A) by striking ‘‘Secretary of Transpor-
tation’’ each place that term appears and insert-
ing ‘‘Secretary’’; and 
(B) in paragraph (1), by striking ‘‘Commit-
tees on Transportation and Infrastructure and 
Appropriations of the House of Representatives 
and the Committees on Banking, Housing, and 
Urban Affairs and Appropriations of the Sen-
ate’’ and inserting ‘‘Committee on Banking, 
Housing, and Urban Affairs and the Committee 
on Appropriations of the Senate and the Com-
mittee on Transportation and Infrastructure and
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† HR 4348 EAS 
the Committee on Appropriations of the House of 
Representatives’’; 
(2) in subsection (d), by striking ‘‘of Transpor-
tation’’; 
(3) in subsection (e), by striking ‘‘of Transpor-
tation’’; 
(4) in subsection (f), by striking ‘‘of Transpor-
tation’’; 
(5) in subsection (g), in the matter preceding 
paragraph (1)— 
(A) by striking ‘‘of Transportation’’; and 
(B) by striking ‘‘subsection (a)(3) or (4) of 
this section’’ and inserting ‘‘paragraph (3) or (4) 
of subsection (a)’’; 
(6) in subsection (h)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘of Trans-
portation’’; and 
(B) in paragraph (2), by striking ‘‘of this 
section’’; 
(7) in subsection (i)(1), by striking ‘‘of Trans-
portation’’; and 
(8) in subsection (j), as so redesignated by sec-
tion 20025 of this division, by striking ‘‘Committees 
on Banking, Housing, and Urban Affairs and Appro-
933 
† HR 4348 EAS 
priations of the Senate and Committees on Transpor-
tation and Infrastructure and Appropriations of the 
House of Representatives’’ and inserting ‘‘Committee 
on Banking, Housing, and Urban Affairs and the 
Committee on Appropriations of the Senate and the 
Committee on Transportation and Infrastructure and 
the Committee on Appropriations of the House of 
Representatives’’. 
(j) SECTION 5335.—Section 5335(a) of title 49, United 
States Code, is amended by striking ‘‘of Transportation’’. 
(k) TABLE OF SECTIONS.—The table of sections for 
chapter 53 of title 49, United States Code, is amended to 
read as follows: 
‘‘Sec. 
‘‘5301. Policies, purposes, and goals. 
‘‘5302. Definitions. 
‘‘5303. Metropolitan transportation planning. 
‘‘5304. Statewide and nonmetropolitan transportation planning. 
‘‘5305. Planning programs. 
‘‘5306. Public transportation emergency relief program. 
‘‘5307. Urbanized area formula grants. 
‘‘5308. Clean fuel grant program. 
‘‘5309. Fixed guideway capital investment grants. 
‘‘5310. Formula grants for the enhanced mobility of seniors and individuals with 
disabilities. 
‘‘5311. Formula grants for other than urbanized areas. 
‘‘5312. Research, development, demonstration, and deployment projects. 
‘‘5313. Transit cooperative research program. 
‘‘5314. Technical assistance and standards development. 
‘‘5315. National Transit Institute. 
‘‘[5316. Repealed.] 
‘‘[5317. Repealed.] 
‘‘5318. Bus testing facilities. 
‘‘5319. Bicycle facilities. 
‘‘5320. Alternative transportation in parks and public lands. 
‘‘[5321. Repealed.] 
‘‘5322. Public transportation workforce development and human resource pro-
grams. 
‘‘5323. General provisions. 
‘‘[5324. Repealed.]
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† HR 4348 EAS 
‘‘5325. Contract requirements. 
‘‘5326. Transit asset management. 
‘‘5327. Project management oversight. 
‘‘[5328. Repealed.] 
‘‘5329. Public transportation safety program. 
‘‘5330. State safety oversight. 
‘‘5331. Alcohol and controlled substances testing. 
‘‘5332. Nondiscrimination. 
‘‘5333. Labor standards. 
‘‘5334. Administrative provisions. 
‘‘5335. National transit database. 
‘‘5336. Apportionment of appropriations for formula grants. 
‘‘5337. State of good repair grants. 
‘‘5338. Authorizations. 
‘‘[5339. Repealed.] 
‘‘5340. Apportionments based on growing States and high density States formula 
factors.
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DIVISION 
C—TRANSPORTATION 
SAFETY AND SURFACE TRANS-
PORTATION POLICY 
TITLE I—MOTOR VEHICLE AND 
HIGHWAY SAFETY IMPROVE-
MENT ACT OF 2012 
SEC. 31001. SHORT TITLE. 
This title may be cited as the ‘‘Motor Vehicle and 
Highway Safety Improvement Act of 2012’’ or ‘‘Mariah’s 
Act’’. 
SEC. 31002. DEFINITION. 
In this title, the term ‘‘Secretary’’ means the Secretary 
of Transportation. 
Subtitle A—Highway Safety 
SEC. 31101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) HIGHWAY SAFETY PROGRAMS.—For carrying 
out section 402 of title 23, United States Code— 
(A) $243,000,000 for fiscal year 2012; and 
(B) $243,000,000 for fiscal year 2013. 
(2) HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.—For carrying out section 403 of title 23, 
United States Code—
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† HR 4348 EAS 
(A) $130,000,000 for fiscal year 2012; and 
(B) $139,000,000 for fiscal year 2013. 
(3) 
COMBINED
OCCUPANT
PROTECTION 
GRANTS.—For carrying out section 405 of title 23, 
United States Code— 
(A) $44,000,000 for fiscal year 2012; and 
(B) $44,000,000 for fiscal year 2013. 
(4) STATE TRAFFIC SAFETY INFORMATION SYS-
TEM IMPROVEMENTS.—For carrying out section 408 
of title 23, United States Code— 
(A) $44,000,000 for fiscal year 2012; and 
(B) $44,000,000 for fiscal year 2013. 
(5) IMPAIRED
DRIVING
COUNTERMEASURES.— 
For carrying out section 410 of title 23, United States 
Code— 
(A) $139,000,000 for fiscal year 2012; and 
(B) $139,000,000 for fiscal year 2013. 
(6) DISTRACTED
DRIVING
GRANTS.—For car-
rying out section 411 of title 23, United States 
Code— 
(A) $39,000,000 for fiscal year 2012; and 
(B) $39,000,000 for fiscal year 2013. 
(7) NATIONAL DRIVER REGISTER.—For the Na-
tional Highway Traffic Safety Administration to
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† HR 4348 EAS 
carry out chapter 303 of title 49, United States 
Code— 
(A) $5,000,000 for fiscal year 2012; and 
(B) $5,000,000 for fiscal year 2013. 
(8) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
For carrying out section 2009 of SAFETEA–LU (23 
U.S.C. 402 note)— 
(A) $37,000,000 for fiscal year 2012; and 
(B) $37,000,000 for fiscal year 2013. 
(9) MOTORCYCLIST SAFETY.—For carrying out 
section 2010 of SAFETEA–LU (23 U.S.C. 402 
note)— 
(A) $6,000,000 for fiscal year 2012; and 
(B) $6,000,000 for fiscal year 2013. 
(10) ADMINISTRATIVE EXPENSES.—For adminis-
trative and related operating expenses of the National 
Highway Traffic Safety Administration in carrying 
out chapter 4 of title 23, United States Code, and this 
subtitle— 
(A) $25,581,280 for fiscal year 2012; and 
(B) $25,862,674 for fiscal year 2013. 
(11) DRIVER ALCOHOL DETECTION SYSTEM FOR 
SAFETY RESEARCH.—For carrying out section 413 of 
title 23, United States Code— 
(A) $12,000,000 for fiscal year 2012; and
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† HR 4348 EAS 
(B) $12,000,000 for fiscal year 2013. 
(12) STATE
GRADUATED
DRIVER
LICENSING 
LAWS.—For carrying out section 414 of title 23, 
United States Code— 
(A) $22,000,000 for fiscal year 2012; and 
(B) $22,000,000 for fiscal year 2013. 
(b) PROHIBITION ON OTHER USES.—Except as other-
wise provided in chapter 4 of title 23, United States Code, 
in this subtitle, and in the amendments made by this sub-
title, the amounts made available from the Highway Trust 
Fund (other than the Mass Transit Account) for a program 
under such chapter— 
(1) shall only be used to carry out such program; 
and 
(2) may not be used by States or local govern-
ments for construction purposes. 
(c) APPLICABILITY OF TITLE 23.—Except as otherwise 
provided in chapter 4 of title 23, United States Code, and 
in this subtitle, amounts made available under subsection 
(a) for fiscal years 2012 and 2013 shall be available for 
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code. 
(d) 
REGULATORY
AUTHORITY.—Grants 
awarded 
under this subtitle shall be in accordance with regulations 
issued by the Secretary.
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† HR 4348 EAS 
(e) STATE MATCHING REQUIREMENTS.—If a grant 
awarded under this subtitle requires a State to share in 
the cost, the aggregate of all expenditures for highway safety 
activities made during any fiscal year by the State and 
its political subdivisions (exclusive of Federal funds) for 
carrying out the grant (other than planning and adminis-
tration) shall be available for the purpose of crediting the 
State during such fiscal year for the non-Federal share of 
the cost of any project under this subtitle (other than plan-
ning or administration) without regard to whether such ex-
penditures were actually made in connection with such 
project. 
(f) MAINTENANCE OF EFFORT.— 
(1) REQUIREMENT.—No grant may be made to 
a State under section 405, 408, or 410 of title 23, 
United States Code, in any fiscal year unless the 
State enters into such agreements with the Secretary 
as the Secretary may require to ensure that the State 
will maintain its aggregate expenditures from all 
State and local sources for programs described in such 
sections at or above the average level of such expendi-
tures in its 2 fiscal years preceding the date of enact-
ment of this Act. 
(2) WAIVER.—Upon the request of a State, the 
Secretary may waive or modify the requirements
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† HR 4348 EAS 
under paragraph (1) for not more than 1 fiscal year 
if the Secretary determines that such a waiver would 
be equitable due to exceptional or uncontrollable cir-
cumstances. 
(g) TRANSFERS.—In each fiscal year, the Secretary 
may transfer any amounts remaining available under 
paragraphs (3), (4), (5), (6), (9), (11), and (12) of sub-
section (a) to the amounts made available under paragraph 
(1) or any other of such paragraphs in order to ensure, to 
the maximum extent possible, that all funds are obligated. 
(h) GRANT APPLICATION AND DEADLINE.—To receive 
a grant under this subtitle, a State shall submit an applica-
tion, and the Secretary shall establish a single deadline for 
such applications to enable the award of grants early in 
the next fiscal year. 
(i) ALLOCATION TO SUPPORT STATE DISTRACTED 
DRIVING LAWS.—Of the amounts available under sub-
section (a)(6) for distracted driving grants, the Secretary 
may expend, in each fiscal year, up to $5,000,000 for the 
development and placement of broadcast media to support 
the enforcement of State distracted driving laws. 
SEC. 31102. HIGHWAY SAFETY PROGRAMS. 
(a) PROGRAMS INCLUDED.—Section 402(a) of title 23, 
United States Code, is amended to read as follows: 
‘‘(a) PROGRAM REQUIRED.—
941 
† HR 4348 EAS 
‘‘(1) IN
GENERAL.—Each State shall have a 
highway safety program, approved by the Secretary, 
that is designed to reduce traffic accidents and the re-
sulting deaths, injuries, and property damage. 
‘‘(2) UNIFORM GUIDELINES.—Programs required 
under paragraph (1) shall comply with uniform 
guidelines, promulgated by the Secretary and ex-
pressed in terms of performance criteria, that— 
‘‘(A) include programs— 
‘‘(i) to reduce injuries and deaths re-
sulting from motor vehicles being driven in 
excess of posted speed limits; 
‘‘(ii) to encourage the proper use of oc-
cupant protection devices (including the use 
of safety belts and child restraint systems) 
by occupants of motor vehicles; 
‘‘(iii) to reduce injuries and deaths re-
sulting from persons driving motor vehicles 
while impaired by alcohol or a controlled 
substance; 
‘‘(iv) to prevent accidents and reduce 
injuries and deaths resulting from accidents 
involving motor vehicles and motorcycles;
942 
† HR 4348 EAS 
‘‘(v) to reduce injuries and deaths re-
sulting from accidents involving school 
buses; 
‘‘(vi) to reduce accidents resulting from 
unsafe driving behavior (including aggres-
sive or fatigued driving and distracted driv-
ing arising from the use of electronic devices 
in vehicles); and 
‘‘(vii) to improve law enforcement serv-
ices in motor vehicle accident prevention, 
traffic supervision, and post-accident proce-
dures; 
‘‘(B) improve driver performance, includ-
ing— 
‘‘(i) driver education; 
‘‘(ii) driver testing to determine pro-
ficiency to operate motor vehicles; and 
‘‘(iii) driver examinations (physical, 
mental, and driver licensing); 
‘‘(C) improve pedestrian performance and 
bicycle safety; 
‘‘(D) include provisions for— 
‘‘(i) an effective record system of acci-
dents (including resulting injuries and 
deaths);
943 
† HR 4348 EAS 
‘‘(ii) accident investigations to deter-
mine the probable causes of accidents, inju-
ries, and deaths; 
‘‘(iii) vehicle registration, operation, 
and inspection; and 
‘‘(iv) emergency services; and 
‘‘(E) to the extent determined appropriate 
by the Secretary, are applicable to federally ad-
ministered areas where a Federal department or 
agency controls the highways or supervises traffic 
operations.’’. 
(b) ADMINISTRATION OF STATE PROGRAMS.—Section 
402(b)(1) of title 23, United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) beginning on October 1, 2012, provide 
for a robust, data-driven traffic safety enforce-
ment program to prevent traffic violations, 
crashes, and crash fatalities and injuries in 
areas most at risk for such incidents, to the sat-
isfaction of the Secretary;’’; and
944 
† HR 4348 EAS 
(4) in subparagraph (F), as redesignated— 
(A) in clause (i), by inserting ‘‘and high- 
visibility law enforcement mobilizations coordi-
nated by the Secretary’’ after ‘‘mobilizations’’; 
(B) in clause (iii), by striking ‘‘and’’ at the 
end; 
(C) in clause (iv), by striking the period at 
the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(v) ensuring that the State will co-
ordinate its highway safety plan, data col-
lection, and information systems with the 
State strategic highway safety plan (as de-
fined in section 148(a)).’’. 
(c) APPROVED HIGHWAY SAFETY PROGRAMS.—Sec-
tion 402(c) of title 23, United States Code, is amended— 
(1) by striking ‘‘(c) Funds authorized’’ and in-
serting the following: 
‘‘(c) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds authorized’’; 
(2) by striking ‘‘Such funds’’ and inserting the 
following: 
‘‘(2) APPORTIONMENT.—Except for amounts 
identified in subsection (l) and section 403(e), funds 
described in paragraph (1)’’;
945 
† HR 4348 EAS 
(3) by striking ‘‘The Secretary shall not’’ and all 
that follows through ‘‘subsection, a highway safety 
program’’ and inserting ‘‘A highway safety pro-
gram’’; 
(4) by inserting ‘‘A State may use the funds ap-
portioned under this section, in cooperation with 
neighboring States, for highway safety programs or 
related projects that may confer benefits on such 
neighboring States.’’ after ‘‘in every State.’’; 
(5) by striking ‘‘50 per centum’’ and inserting 
‘‘20 percent’’; and 
(6) by striking ‘‘The Secretary shall promptly’’ 
and all that follows and inserting the following: 
‘‘(3) REAPPORTIONMENT.—The Secretary shall 
promptly apportion the funds withheld from a State’s 
apportionment to the State if the Secretary approves 
the State’s highway safety program or determines 
that the State has begun implementing an approved 
program, as appropriate, not later than July 31st of 
the fiscal year for which the funds were withheld. If 
the Secretary determines that the State did not cor-
rect its failure within such period, the Secretary shall 
reapportion the withheld funds to the other States in 
accordance with the formula specified in paragraph 
(2) not later than the last day of the fiscal year.’’.
946 
† HR 4348 EAS 
(d) USE OF HIGHWAY SAFETY PROGRAM FUNDS.— 
Section 402(g) of title 23, United States Code, is amended 
to read as follows: 
‘‘(g) SAVINGS PROVISION.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), nothing in this section may be con-
strued to authorize the appropriation or expenditure 
of funds for— 
‘‘(A) highway construction, maintenance, or 
design (other than design of safety features of 
highways to be incorporated into guidelines); or 
‘‘(B) any purpose for which funds are au-
thorized by section 403. 
‘‘(2) DEMONSTRATION PROJECTS.—A State may 
use funds made available to carry out this section to 
assist in demonstration projects carried out by the 
Secretary under section 403.’’. 
(e) IN GENERAL.—Section 402 of title 23, United 
States Code, is amended— 
(1) by striking subsections (k) and (m); 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively; and 
(3) by redesignating subsection (l) as subsection 
(j).
947 
† HR 4348 EAS 
(f) HIGHWAY SAFETY PLAN
AND REPORTING RE-
QUIREMENTS.—Section 402 of title 23, United States Code, 
as amended by this section, is further amended by adding 
at the end the following: 
‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING RE-
QUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
each State to develop and submit to the Secretary a 
highway safety plan that complies with the require-
ments under this subsection not later than July 1, 
2012, and annually thereafter. 
‘‘(2) CONTENTS.—State highway safety plans 
submitted under paragraph (1) shall include— 
‘‘(A) performance measures required by the 
Secretary or otherwise necessary to support addi-
tional State safety goals, including— 
‘‘(i) documentation of current safety 
levels for each performance measure; 
‘‘(ii) quantifiable annual performance 
targets for each performance measure; and 
‘‘(iii) a justification for each perform-
ance target; 
‘‘(B) a strategy for programming funds ap-
portioned to the State under this section on 
projects and activities that will allow the State
948 
† HR 4348 EAS 
to meet the performance targets described in sub-
paragraph (A); 
‘‘(C) data and data analysis supporting the 
effectiveness of proposed countermeasures; 
‘‘(D) 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 strat-
egy described in subparagraph (B); 
‘‘(E) beginning with the plan submitted by 
July 1, 2013, a report on the State’s success in 
meeting State safety goals set forth in the pre-
vious year’s highway safety plan; and 
‘‘(F) an application for any additional 
grants available to the State under this chapter. 
‘‘(3) PERFORMANCE
MEASURES.—For the first 
highway safety plan submitted under this subsection, 
the performance measures required by the Secretary 
under paragraph (2)(A) shall be limited to those de-
veloped by the National Highway Traffic Safety Ad-
ministration and the Governor’s Highway Safety As-
sociation and described in the report, ‘Traffic Safety 
Performance Measures for States and Federal Agen-
cies’ (DOT HS 811 025). For subsequent highway 
safety plans, the Secretary shall consult with the Gov-
949 
† HR 4348 EAS 
ernor’s Highway Safety Association and safety ex-
perts if the Secretary makes revisions to the set of re-
quired performance measures. 
‘‘(4) REVIEW OF HIGHWAY SAFETY PLANS.— 
‘‘(A) IN GENERAL.—Not later than 60 days 
after the date on which a State’s highway safety 
plan is received by the Secretary, the Secretary 
shall review and approve or disapprove the plan. 
‘‘(B) APPROVALS AND DISAPPROVALS.— 
‘‘(i) APPROVALS.—The Secretary shall 
approve a State’s highway safety plan if the 
Secretary determines that— 
‘‘(I) the plan is evidence-based 
and supported by data; 
‘‘(II) the performance targets are 
adequate; and 
‘‘(III) the plan, once implemented, 
will allow the State to meet such tar-
gets. 
‘‘(ii) DISAPPROVALS.—The Secretary 
shall disapprove a State’s highway safety 
plan if the Secretary determines that the 
plan does not— 
‘‘(I) set appropriate performance 
targets; or
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† HR 4348 EAS 
‘‘(II) provide for evidence-based 
programming of funding in a manner 
sufficient to allow the State to meet 
such targets. 
‘‘(C) ACTIONS UPON DISAPPROVAL.—If the 
Secretary disapproves a State’s highway safety 
plan, the Secretary shall— 
‘‘(i) inform the State of the reasons for 
such disapproval; and 
‘‘(ii) require the State to resubmit the 
plan with any modifications that the Sec-
retary determines to be necessary. 
‘‘(D) REVIEW OF RESUBMITTED PLANS.—If 
the Secretary requires a State to resubmit a 
highway safety plan, with modifications, the 
Secretary shall review and approve or dis-
approve the modified plan not later than 30 
days after the date on which the Secretary re-
ceives such plan. 
‘‘(E) REPROGRAMMING AUTHORITY.—If the 
Secretary determines that the modifications con-
tained in a State’s resubmitted highway safety 
plan do not provide for the programming of 
funding in a manner sufficient to meet the 
State’s performance goals, the Secretary, in con-
951 
† HR 4348 EAS 
sultation with the State, shall take such action 
as may be necessary to bring the State’s plan 
into compliance with the performance targets. 
‘‘(F) PUBLIC NOTICE.—A State shall make 
the State’s highway safety plan, and decisions of 
the Secretary concerning approval or dis-
approval of a revised plan, available to the pub-
lic.’’. 
(g) COOPERATIVE RESEARCH AND EVALUATION.—Sec-
tion 402 of title 23, United States Code, as amended by 
this section, is further amended by adding at the end the 
following: 
‘‘(l) COOPERATIVE RESEARCH AND EVALUATION.— 
‘‘(1) ESTABLISHMENT AND FUNDING.—Notwith-
standing the apportionment formula set forth in sub-
section (c)(2), $2,500,000 of the total amount avail-
able for apportionment to the States for highway safe-
ty programs under subsection (c) in each fiscal year 
shall be available for expenditure by the Secretary, 
acting through the Administrator of the National 
Highway Traffic Safety Administration, for a cooper-
ative research and evaluation program to research 
and evaluate priority highway safety counter-
measures.
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† HR 4348 EAS 
‘‘(2) ADMINISTRATION.—The program established 
under paragraph (1)— 
‘‘(A) shall be administered by the Adminis-
trator of the National Highway Traffic Safety 
Administration; and 
‘‘(B) shall be jointly managed by the Gov-
ernors Highway Safety Association and the Na-
tional Highway Traffic Safety Administration.’’. 
(h) TEEN TRAFFIC SAFETY PROGRAM.—Section 402 of 
title 23, United States Code, as amended by this section, 
is further amended by adding at the end the following: 
‘‘(m) TEEN TRAFFIC SAFETY PROGRAM.— 
‘‘(1) PROGRAM AUTHORIZED.—Subject to the re-
quirements of a State’s highway safety plan, as ap-
proved by the Secretary under subsection (k), a State 
may use a portion of the amounts received under this 
section to implement a statewide teen traffic safety 
program to improve traffic safety for teen drivers. 
‘‘(2) STRATEGIES.—The program implemented 
under paragraph (1)— 
‘‘(A) shall include peer-to-peer education 
and prevention strategies in schools and commu-
nities designed to— 
‘‘(i) increase safety belt use; 
‘‘(ii) reduce speeding;
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† HR 4348 EAS 
‘‘(iii) reduce impaired and distracted 
driving; 
‘‘(iv) reduce underage drinking; and 
‘‘(v) reduce other behaviors by teen 
drivers that lead to injuries and fatalities; 
and 
‘‘(B) may include— 
‘‘(i) working with student-led groups 
and school advisors to plan and implement 
teen traffic safety programs; 
‘‘(ii) providing subgrants to schools 
throughout the State to support the estab-
lishment and expansion of student groups 
focused on teen traffic safety; 
‘‘(iii) providing support, training, and 
technical assistance to establish and expand 
school and community safety programs for 
teen drivers; 
‘‘(iv) creating statewide or regional 
websites to publicize and circulate informa-
tion on teen safety programs; 
‘‘(v) conducting outreach and pro-
viding educational resources for parents; 
‘‘(vi) establishing State or regional ad-
visory councils comprised of teen drivers to
954 
† HR 4348 EAS 
provide input and recommendations to the 
governor and the governor’s safety rep-
resentative on issues related to the safety of 
teen drivers; 
‘‘(vii) collaborating with law enforce-
ment; 
‘‘(viii) organizing and hosting State 
and regional conferences for teen drivers; 
‘‘(ix) establishing partnerships and 
promoting coordination among community 
stakeholders, including public, not-for-prof-
it, and for profit entities; and 
‘‘(x) funding a coordinator position for 
the teen safety program in the State or re-
gion.’’. 
SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT. 
Section 403 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 403. Highway safety research and development 
‘‘(a) DEFINED TERM.—In this section, the term ‘Fed-
eral laboratory’ includes— 
‘‘(1) a government-owned, government-operated 
laboratory; and
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† HR 4348 EAS 
‘‘(2) a government-owned, contractor-operated 
laboratory. 
‘‘(b) GENERAL AUTHORITY.— 
‘‘(1) RESEARCH
AND
DEVELOPMENT
ACTIVI-
TIES.—The Secretary may conduct research and de-
velopment activities, including demonstration projects 
and the collection and analysis of highway and motor 
vehicle safety data and related information needed to 
carry out this section, with respect to— 
‘‘(A) all aspects of highway and traffic safe-
ty systems and conditions relating to— 
‘‘(i) vehicle, highway, driver, pas-
senger, motorcyclist, bicyclist, and pedes-
trian characteristics; 
‘‘(ii) accident causation and investiga-
tions; 
‘‘(iii) communications; 
‘‘(iv) emergency medical services; and 
‘‘(v) transportation of the injured; 
‘‘(B) human behavioral factors and their ef-
fect on highway and traffic safety, including— 
‘‘(i) driver education; 
‘‘(ii) impaired driving; 
‘‘(iii) distracted driving; and
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† HR 4348 EAS 
‘‘(iv) new technologies installed in, or 
brought into, vehicles; 
‘‘(C) an evaluation of the effectiveness of 
countermeasures to increase highway and traffic 
safety, 
including 
occupant 
protection 
and 
alcohol- and drug-impaired driving technologies 
and initiatives; 
‘‘(D) the development of technologies to de-
tect drug impaired drivers; and 
‘‘(E) the effect of State laws on any aspects, 
activities, or programs described in subpara-
graphs (A) through (D). 
‘‘(2) COOPERATION, GRANTS, AND CONTRACTS.— 
The Secretary may carry out this section— 
‘‘(A) independently; 
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and 
Federal laboratories; 
‘‘(C) by entering into contracts, cooperative 
agreements, and other transactions with the Na-
tional Academy of Sciences, any Federal labora-
tory, State or local agency, authority, associa-
tion, institution, foreign country, or person (as 
defined in chapter 1 of title 1); or
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† HR 4348 EAS 
‘‘(D) by making grants to the National 
Academy of Sciences, any Federal laboratory, 
State or local agency, authority, association, in-
stitution, or person (as defined in chapter 1 of 
title 1). 
‘‘(c) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.— 
‘‘(1) IN GENERAL.—To encourage innovative so-
lutions to highway safety problems, stimulate vol-
untary improvements in highway safety, and stimu-
late the marketing of new highway safety related tech-
nology by private industry, the Secretary is author-
ized to carry out, on a cost-shared basis, collaborative 
research and development with— 
‘‘(A) non-Federal entities, including State 
and local governments, foreign countries, colleges, 
universities, corporations, partnerships, sole pro-
prietorships, organizations serving the interests 
of children, people with disabilities, low-income 
populations, and older adults, and trade associa-
tions that are incorporated or established under 
the laws of any State or the United States; and 
‘‘(B) Federal laboratories. 
‘‘(2) AGREEMENTS.—In carrying out this sub-
section, the Secretary may enter into cooperative re-
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search and development agreements (as defined in sec-
tion 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a)) in which the Sec-
retary provides not more than 50 percent of the cost 
of any research or development project under this sub-
section. 
‘‘(3) USE OF TECHNOLOGY.—The research, devel-
opment, or use of any technology pursuant to an 
agreement under this subsection, including the terms 
under which technology may be licensed and the re-
sulting royalties may be distributed, shall be subject 
to the provisions of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.). 
‘‘(d) TITLE TO EQUIPMENT.—In furtherance of the 
purposes set forth in section 402, the Secretary may vest 
title to equipment purchased for demonstration projects 
with funds authorized under this section to State or local 
agencies on such terms and conditions as the Secretary de-
termines to be appropriate. 
‘‘(e) TRAINING.—Notwithstanding the apportionment 
formula set forth in section 402(c)(2), 1 percent of the total 
amount available for apportionment to the States for high-
way safety programs under section 402(c) in each fiscal 
year shall be available, through the end of the succeeding 
fiscal year, to the Secretary, acting through the Adminis-
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† HR 4348 EAS 
trator of the National Highway Traffic Safety Administra-
tion— 
‘‘(1) to provide training, conducted or developed 
by Federal or non-Federal entity or personnel, to Fed-
eral, State, and local highway safety personnel; and 
‘‘(2) to pay for any travel, administrative, and 
other expenses related to such training. 
‘‘(f) DRIVER LICENSING
AND FITNESS TO DRIVE 
CLEARINGHOUSE.—From amounts made available under 
this section, the Secretary, acting through the Adminis-
trator of the National Highway Traffic Safety Administra-
tion, is authorized to expend $1,280,000 between the date 
of enactment of the Motor Vehicle and Highway Safety Im-
provement Act of 2012 and September 30, 2013, to establish 
an electronic clearinghouse and technical assistance service 
to collect and disseminate research and analysis of medical 
and technical information and best practices concerning 
drivers with medical issues that may be used by State driv-
er licensing agencies in making licensing qualification deci-
sions. 
‘‘(g) INTERNATIONAL HIGHWAY SAFETY INFORMATION 
AND COOPERATION.— 
‘‘(1) ESTABLISHMENT.—The Secretary, acting 
through the Administrator of the National Highway 
Traffic Safety Administration, may establish an
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† HR 4348 EAS 
international highway safety information and co-
operation program to— 
‘‘(A) inform the United States highway 
safety community of laws, projects, programs, 
data, and technology in foreign countries that 
could be used to enhance highway safety in the 
United States; 
‘‘(B) permit the exchange of information 
with foreign countries about laws, projects, pro-
grams, data, and technology that could be used 
to enhance highway safety; and 
‘‘(C) allow the Secretary, represented by the 
Administrator, to participate and cooperate in 
international activities to enhance highway safe-
ty. 
‘‘(2) COOPERATION.—The Secretary may carry 
out this subsection in cooperation with any appro-
priate Federal agency, State or local agency or au-
thority, foreign government, or multinational institu-
tion. 
‘‘(h) PROHIBITION ON CERTAIN DISCLOSURES.—Any 
report of the National Highway Traffic Safety Administra-
tion, or of any officer, employee, or contractor of the Na-
tional Highway Traffic Safety Administration, relating to 
any highway traffic accident or the investigation of such
961 
† HR 4348 EAS 
accident conducted pursuant to this chapter or chapter 301 
shall be made available to the public in a manner that does 
not identify individuals. 
‘‘(i) MODEL SPECIFICATIONS FOR DEVICES.—The Sec-
retary, acting through the Administrator of the National 
Highway Traffic Safety Administration, may— 
‘‘(1) develop model specifications and testing 
procedures for devices, including devices designed to 
measure the concentration of alcohol in the body; 
‘‘(2) conduct periodic tests of such devices; 
‘‘(3) publish a Conforming Products List of such 
devices that have met the model specifications; and 
‘‘(4) may require that any necessary tests of such 
devices are conducted by a Federal laboratory and 
paid for by the device manufacturers.’’. 
SEC. 31104. NATIONAL DRIVER REGISTER. 
Section 30302(b) of title 49, United States Code, is 
amended by adding at the end the following: ‘‘The Secretary 
shall make continual improvements to modernize the Reg-
ister’s data processing system.’’. 
SEC. 31105. COMBINED OCCUPANT PROTECTION GRANTS. 
(a) IN GENERAL.—Section 405 of title 23, United 
States Code, is amended to read as follows:
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† HR 4348 EAS 
‘‘§ 405. Combined occupant protection grants 
‘‘(a) GENERAL AUTHORITY.—Subject to the require-
ments of this section, the Secretary of Transportation shall 
award grants to States that adopt and implement effective 
occupant protection programs to reduce highway deaths 
and injuries resulting from individuals riding unrestrained 
or improperly restrained in motor vehicles. 
‘‘(b) FEDERAL SHARE.—The Federal share of the costs 
of activities funded using amounts from grants awarded 
under this section may not exceed 80 percent for each fiscal 
year for which a State receives a grant. 
‘‘(c) ELIGIBILITY.— 
‘‘(1) HIGH SEAT BELT USE RATE.—A State with 
an observed seat belt use rate of 90 percent or higher, 
based on the most recent data from a survey that con-
forms with national criteria established by the Na-
tional Highway Traffic Safety Administration, shall 
be eligible for a grant in a fiscal year if the State— 
‘‘(A) submits an occupant protection plan 
during the first fiscal year; 
‘‘(B) participates in the Click It or Ticket 
national mobilization; 
‘‘(C) has an active network of child re-
straint inspection stations; and
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‘‘(D) has a plan to recruit, train, and 
maintain a sufficient number of child passenger 
safety technicians. 
‘‘(2) LOWER SEAT BELT USE RATE.—A State 
with an observed seat belt use rate below 90 percent, 
based on the most recent data from a survey that con-
forms with national criteria established by the Na-
tional Highway Traffic Safety Administration, shall 
be eligible for a grant in a fiscal year if— 
‘‘(A) the State meets all of the requirements 
under subparagraphs (A) through (D) of para-
graph (1); and 
‘‘(B) the Secretary determines that the State 
meets at least 3 of the following criteria: 
‘‘(i) The State conducts sustained (on- 
going and periodic) seat belt enforcement at 
a defined level of participation during the 
year. 
‘‘(ii) The State has enacted and en-
forces a primary enforcement seat belt use 
law. 
‘‘(iii) The State has implemented coun-
termeasure programs for high-risk popu-
lations, such as drivers on rural roadways,
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unrestrained nighttime drivers, or teenage 
drivers. 
‘‘(iv) The State has enacted and en-
forces occupant protection laws requiring 
front and rear occupant protection use by 
all occupants in an age-appropriate re-
straint. 
‘‘(v) The State has implemented a com-
prehensive occupant protection program in 
which the State has— 
‘‘(I) conducted a program assess-
ment; 
‘‘(II) developed a statewide stra-
tegic plan; 
‘‘(III) designated an occupant 
protection coordinator; and 
‘‘(IV) established a statewide occu-
pant protection task force. 
‘‘(vi) The State— 
‘‘(I) completed an assessment of 
its occupant protection program dur-
ing the 3-year period preceding the 
grant year; or 
‘‘(II) will conduct such an assess-
ment during the first year of the grant.
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‘‘(d) USE OF GRANT AMOUNTS.—Grant funds received 
pursuant to this section may be used to— 
‘‘(1) carry out a program to support high-visi-
bility enforcement mobilizations, including paid 
media that emphasizes publicity for the program, and 
law enforcement; 
‘‘(2) carry out a program to train occupant pro-
tection safety professionals, police officers, fire and 
emergency medical personnel, educators, and parents 
concerning all aspects of the use of child restraints 
and occupant protection; 
‘‘(3) carry out a program to educate the public 
concerning the proper use and installation of child re-
straints, including related equipment and informa-
tion systems; 
‘‘(4) carry out a program to provide community 
child passenger safety services, including programs 
about proper seating positions for children and how 
to reduce the improper use of child restraints; 
‘‘(5) purchase and distribute child restraints to 
low-income families if not more than 5 percent of the 
funds received in a fiscal year are used for this pur-
pose; 
‘‘(6) establish and maintain information systems 
containing data concerning occupant protection, in-
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cluding the collection and administration of child 
passenger safety and occupant protection surveys; and 
‘‘(7) carry out a program to educate the public 
concerning the dangers of leaving children unattended 
in vehicles. 
‘‘(e) GRANT AMOUNT.—The allocation of grant funds 
under this section to a State for a fiscal year shall be in 
proportion to the State’s apportionment under section 402 
for fiscal year 2009. 
‘‘(f) REPORT.—A State that receives a grant under this 
section shall submit a report to the Secretary that docu-
ments the manner in which the grant amounts were obli-
gated and expended and identifies the specific programs 
carried out with the grant funds. The report shall be in 
a form prescribed by the Secretary and may be combined 
with other State grant reporting requirements under chap-
ter 4 of title 23, United States Code. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) CHILD
RESTRAINT.—The term ‘child re-
straint’ means any device (including child safety seat, 
booster seat, harness, and excepting seat belts) de-
signed for use in a motor vehicle to restrain, seat, or 
position children who weigh 65 pounds (30 kilo-
grams) or less, and certified to the Federal motor ve-
hicle safety standard prescribed by the National
967 
† HR 4348 EAS 
Highway Traffic Safety Administration for child re-
straints. 
‘‘(2) SEAT BELT.—The term ‘seat belt’ means— 
‘‘(A) with respect to open-body motor vehi-
cles, including convertibles, an occupant re-
straint system consisting of a lap belt or a lap 
belt and a detachable shoulder belt; and 
‘‘(B) with respect to other motor vehicles, an 
occupant restraint system consisting of inte-
grated lap and shoulder belts.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
striking the item relating to section 405 and inserting the 
following: 
‘‘405. Combined occupant protection grants.’’. 
SEC. 31106. STATE TRAFFIC SAFETY INFORMATION SYSTEM 
IMPROVEMENTS. 
Section 408 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 408. State traffic safety information system im-
provements 
‘‘(a) GENERAL AUTHORITY.—Subject to the require-
ments of this section, the Secretary of Transportation shall 
award grants to States to support the development and im-
plementation of effective State programs that—
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† HR 4348 EAS 
‘‘(1) improve the timeliness, accuracy, complete-
ness, uniformity, integration, and accessibility of the 
State safety data that is needed to identify priorities 
for Federal, State, and local highway and traffic safe-
ty programs; 
‘‘(2) evaluate the effectiveness of efforts to make 
such improvements; 
‘‘(3) link the State data systems, including traf-
fic records, with other data systems within the State, 
such as systems that contain medical, roadway, and 
economic data; 
‘‘(4) improve the compatibility and interoper-
ability of the data systems of the State with national 
data systems and data systems of other States; and 
‘‘(5) enhance the ability of the Secretary to ob-
serve and analyze national trends in crash occur-
rences, rates, outcomes, and circumstances. 
‘‘(b) FEDERAL SHARE.—The Federal share of the cost 
of adopting and implementing in a fiscal year a State pro-
gram described in this section may not exceed 80 percent. 
‘‘(c) ELIGIBILITY.—A State is not eligible for a grant 
under this section in a fiscal year unless the State dem-
onstrates, to the satisfaction of the Secretary, that the 
State—
969 
† HR 4348 EAS 
‘‘(1) has a functioning traffic records coordi-
nating committee (referred to in this subsection as 
‘TRCC’) that meets at least 3 times a year; 
‘‘(2) has designated a TRCC coordinator; 
‘‘(3) has established a State traffic record stra-
tegic plan that has been approved by the TRCC and 
describes specific quantifiable and measurable im-
provements anticipated in the State’s core safety 
databases, including crash, citation or adjudication, 
driver, emergency medical services or injury surveil-
lance system, roadway, and vehicle databases; 
‘‘(4) has demonstrated quantitative progress in 
relation to the significant data program attribute 
of— 
‘‘(A) accuracy; 
‘‘(B) completeness; 
‘‘(C) timeliness; 
‘‘(D) uniformity; 
‘‘(E) accessibility; or 
‘‘(F) integration of a core highway safety 
database; and 
‘‘(5) has certified to the Secretary that an assess-
ment of the State’s highway safety data and traffic 
records system was conducted or updated during the 
preceding 5 years.
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‘‘(d) USE OF GRANT AMOUNTS.—Grant funds received 
by a State under this section shall be used for making data 
program improvements to core highway safety databases re-
lated to quantifiable, measurable progress in any of the 6 
significant data program attributes set forth in subsection 
(c)(4). 
‘‘(e) GRANT AMOUNT.—The allocation of grant funds 
under this section to a State for a fiscal year shall be in 
proportion to the State’s apportionment under section 402 
for fiscal year 2009.’’. 
SEC. 31107. IMPAIRED DRIVING COUNTERMEASURES. 
(a) IN GENERAL.—Section 410 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 410. Impaired driving countermeasures 
‘‘(a) GRANTS AUTHORIZED.—Subject to the require-
ments of this section, the Secretary of Transportation shall 
award grants to States that adopt and implement— 
‘‘(1) effective programs to reduce driving under 
the influence of alcohol, drugs, or the combination of 
alcohol and drugs; or 
‘‘(2) alcohol-ignition interlock laws. 
‘‘(b) FEDERAL SHARE.—The Federal share of the costs 
of activities funded using amounts from grants under this 
section may not exceed 80 percent in any fiscal year in 
which the State receives a grant.
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† HR 4348 EAS 
‘‘(c) ELIGIBILITY.— 
‘‘(1) LOW-RANGE
STATES.—Low-range States 
shall be eligible for a grant under this section. 
‘‘(2) MID-RANGE
STATES.—A mid-range State 
shall be eligible for a grant under this section if— 
‘‘(A) a statewide impaired driving task 
force in the State developed a statewide plan 
during the most recent 3 calendar years to ad-
dress the problem of impaired driving; or 
‘‘(B) the State will convene a statewide im-
paired driving task force to develop such a plan 
during the first year of the grant. 
‘‘(3) HIGH-RANGE STATES.—A high-range State 
shall be eligible for a grant under this section if the 
State— 
‘‘(A)(i) conducted an assessment of the 
State’s impaired driving program during the 
most recent 3 calendar years; or 
‘‘(ii) will conduct such an assessment dur-
ing the first year of the grant; 
‘‘(B) convenes, during the first year of the 
grant, a statewide impaired driving task force to 
develop a statewide plan that—
972 
† HR 4348 EAS 
‘‘(i) addresses any recommendations 
from the assessment conducted under sub-
paragraph (A); 
‘‘(ii) includes a detailed plan for 
spending any grant funds provided under 
this section; and 
‘‘(iii) describes how such spending sup-
ports the statewide program; 
‘‘(C)(i) submits the statewide plan to the 
National Highway Traffic Safety Administra-
tion during the first year of the grant for the 
agency’s review and approval; 
‘‘(ii) annually updates the statewide plan 
in each subsequent year of the grant; and 
‘‘(iii) submits each updated statewide plan 
for the agency’s review and comment; and 
‘‘(D) appoints a full or part-time impaired 
driving coordinator— 
‘‘(i) to coordinate the State’s activities 
to address enforcement and adjudication of 
laws to address driving while impaired by 
alcohol; and 
‘‘(ii) to oversee the implementation of 
the statewide plan. 
‘‘(d) USE OF GRANT AMOUNTS.—
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† HR 4348 EAS 
‘‘(1) REQUIRED PROGRAMS.—High-range States 
shall use grant funds for— 
‘‘(A) high visibility enforcement efforts; and 
‘‘(B) any of the activities described in para-
graph (2) if— 
‘‘(i) the activity is described in the 
statewide plan; and 
‘‘(ii) the Secretary approves the use of 
funding for such activity. 
‘‘(2) AUTHORIZED
PROGRAMS.—Medium-range 
and low-range States may use grant funds for— 
‘‘(A) any of the purposes described in para-
graph (1); 
‘‘(B) paid and earned media in support of 
high visibility enforcement efforts; 
‘‘(C) hiring a full-time or part-time im-
paired driving coordinator of the State’s activi-
ties to address the enforcement and adjudication 
of laws regarding driving while impaired by al-
cohol; 
‘‘(D) court support of high visibility en-
forcement efforts; 
‘‘(E) alcohol ignition interlock programs; 
‘‘(F) improving blood-alcohol concentration 
testing and reporting;
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† HR 4348 EAS 
‘‘(G) establishing driving while intoxicated 
courts; 
‘‘(H) conducting— 
‘‘(i) standardized field sobriety train-
ing; 
‘‘(ii) advanced roadside impaired driv-
ing evaluation training; and 
‘‘(iii) drug recognition expert training 
for law enforcement; 
‘‘(I) training and education of criminal jus-
tice professionals (including law enforcement, 
prosecutors, judges and probation officers) to as-
sist such professionals in handling impaired 
driving cases; 
‘‘(J) traffic safety resource prosecutors; 
‘‘(K) judicial outreach liaisons; 
‘‘(L) equipment and related expenditures 
used in connection with impaired driving en-
forcement in accordance with criteria established 
by the National Highway Traffic Safety Admin-
istration; 
‘‘(M) training on the use of alcohol screen-
ing and brief intervention; 
‘‘(N) developing impaired driving informa-
tion systems; and
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† HR 4348 EAS 
‘‘(O) costs associated with a ‘24-7 sobriety 
program’. 
‘‘(3) OTHER PROGRAMS.—Low-range States may 
use grant funds for any expenditure designed to re-
duce impaired driving based on problem identifica-
tion. Medium and high-range States may use funds 
for such expenditures upon approval by the Secretary. 
‘‘(e) GRANT AMOUNT.—Subject to subsection (f), the al-
location of grant funds to a State under this section for 
a fiscal year shall be in proportion to the State’s apportion-
ment under section 402(c) for fiscal year 2009. 
‘‘(f) GRANTS TO STATES THAT ADOPT AND ENFORCE 
MANDATORY ALCOHOL-IGNITION INTERLOCK LAWS.— 
‘‘(1) IN GENERAL.—The Secretary shall make a 
separate grant under this section to each State that 
adopts and is enforcing a mandatory alcohol-ignition 
interlock law for all individuals convicted of driving 
under the influence of alcohol or of driving while in-
toxicated. 
‘‘(2) USE OF FUNDS.—Such grants may be used 
by recipient States only for costs associated with the 
State’s alcohol-ignition interlock program, including 
screening, assessment, and program and offender over-
sight.
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† HR 4348 EAS 
‘‘(3) ALLOCATION.—Funds made available under 
this subsection shall be allocated among States de-
scribed in paragraph (1) on the basis of the appor-
tionment formula under section 402(c). 
‘‘(4) FUNDING.—Not more than 15 percent of the 
amounts made available to carry out this section in 
a fiscal year shall be made available by the Secretary 
for making grants under this subsection. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 
sobriety program’ means a State law or program that 
authorizes a State court or a State agency, as a con-
dition of sentence, probation, parole, or work permit, 
to— 
‘‘(A) require an individual who plead guilty 
or was convicted of driving under the influence 
of alcohol or drugs to totally abstain from alco-
hol or drugs for a period of time; and 
‘‘(B) require the individual to be subject to 
testing for alcohol or drugs— 
‘‘(i) at least twice a day; 
‘‘(ii) by continuous transdermal alco-
hol monitoring via an electronic monitoring 
device; or
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† HR 4348 EAS 
‘‘(iii) by an alternate method with the 
concurrence of the Secretary. 
‘‘(2) AVERAGE
IMPAIRED
DRIVING
FATALITY 
RATE.—The term ‘average impaired driving fatality 
rate’ means the number of fatalities in motor vehicle 
crashes involving a driver with a blood alcohol con-
centration of at least 0.08 for every 100,000,000 vehi-
cle miles traveled, based on the most recently reported 
3 calendar years of final data from the Fatality 
Analysis Reporting System, as calculated in accord-
ance with regulations prescribed by the Administrator 
of the National Highway Traffic Safety Administra-
tion. 
‘‘(3) HIGH-RANGE STATE.—The term ‘high-range 
State’ means a State that has an average impaired 
driving fatality rate of 0.60 or higher. 
‘‘(4) LOW-RANGE STATE.—The term ‘low-range 
State’ means a State that has an average impaired 
driving fatality rate of 0.30 or lower. 
‘‘(5) MID-RANGE STATE.—The term ‘mid-range 
State’ means a State that has an average impaired 
driving fatality rate that is higher than 0.30 and 
lower than 0.60.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by
978 
† HR 4348 EAS 
striking the item relating to section 410 and inserting the 
following: 
‘‘410. Impaired driving countermeasures.’’. 
SEC. 31108. DISTRACTED DRIVING GRANTS. 
(a) IN GENERAL.—Section 411 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 411. Distracted driving grants 
‘‘(a) IN GENERAL.—The Secretary shall award a grant 
under this section to any State that enacts and enforces a 
statute that meets the requirements set forth in subsections 
(b) and (c). 
‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.—A 
State statute meets the requirements set forth in this sub-
section if the statute— 
‘‘(1) prohibits drivers from texting through a 
personal wireless communications device while driv-
ing; 
‘‘(2) makes violation of the statute a primary of-
fense; 
‘‘(3) establishes— 
‘‘(A) a minimum fine for a first violation 
of the statute; and 
‘‘(B) increased fines for repeat violations; 
and 
‘‘(4) provides increased civil and criminal pen-
alties than would otherwise apply if a vehicle acci-
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† HR 4348 EAS 
dent is caused by a driver who is using such a device 
in violation of the statute. 
‘‘(c) PROHIBITION
ON YOUTH CELL PHONE USE 
WHILE DRIVING.—A State statute meets the requirements 
set forth in this subsection if the statute— 
‘‘(1) prohibits a driver who is younger than 18 
years of age from using a personal wireless commu-
nications device while driving; 
‘‘(2) makes violation of the statute a primary of-
fense; 
‘‘(3) requires distracted driving issues to be test-
ed as part of the State driver’s license examination; 
‘‘(4) establishes— 
‘‘(A) a minimum fine for a first violation 
of the statute; and 
‘‘(B) increased fines for repeat violations; 
and 
‘‘(5) provides increased civil and criminal pen-
alties than would otherwise apply if a vehicle acci-
dent is caused by a driver who is using such a device 
in violation of the statute. 
‘‘(d) PERMITTED EXCEPTIONS.—A statute that meets 
the requirements set forth in subsections (b) and (c) may 
provide exceptions for—
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† HR 4348 EAS 
‘‘(1) a driver who uses a personal wireless com-
munications device to contact emergency services; 
‘‘(2) emergency services personnel who use a per-
sonal wireless communications device while— 
‘‘(A) operating an emergency services vehi-
cle; and 
‘‘(B) engaged in the performance of their 
duties as emergency services personnel; and 
‘‘(3) an individual employed as a commercial 
motor vehicle driver or a school bus driver who uses 
a personal wireless communications device within the 
scope of such individual’s employment if such use is 
permitted under the regulations promulgated pursu-
ant to section 31152 of title 49. 
‘‘(e) USE OF GRANT FUNDS.—Of the grant funds re-
ceived by a State under this section— 
‘‘(1) at least 50 percent shall be used— 
‘‘(A) to educate the public through adver-
tising containing information about the dangers 
of texting or using a cell phone while driving; 
‘‘(B) for traffic signs that notify drivers 
about the distracted driving law of the State; or 
‘‘(C) for law enforcement costs related to the 
enforcement of the distracted driving law; and
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‘‘(2) up to 50 percent may be used for other 
projects that— 
‘‘(A) improve traffic safety; and 
‘‘(B) are consistent with the criteria set 
forth in section 402(a). 
‘‘(f) ADDITIONAL GRANTS.—In fiscal year 2012, the 
Secretary may use up to 25 percent of the funding available 
for grants under this section to award grants to States 
that— 
‘‘(1) enacted statutes before July 1, 2011, which 
meet the requirements under paragraphs (1) and (2) 
of subsection (b); and 
‘‘(2) are otherwise ineligible for a grant under 
this section. 
‘‘(g) DISTRACTED DRIVING STUDY.— 
‘‘(1) IN GENERAL.—The Secretary shall conduct 
a study of all forms of distracted driving. 
‘‘(2) COMPONENTS.—The study conducted under 
paragraph (1) shall— 
‘‘(A) examine the effect of distractions other 
than the use of personal wireless communications 
on motor vehicle safety; 
‘‘(B) identify metrics to determine the na-
ture and scope of the distracted driving problem;
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‘‘(C) identify the most effective methods to 
enhance education and awareness; and 
‘‘(D) identify the most effective method of 
reducing deaths and injuries caused by all forms 
of distracted driving. 
‘‘(3) REPORT.—Not later than 1 year after the 
date of enactment of the Motor Vehicle and Highway 
Safety Improvement Act of 2012, the Secretary shall 
submit a report containing the results of the study 
conducted under this subsection to— 
‘‘(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
‘‘(B) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) DRIVING.—The term ‘driving’— 
‘‘(A) means operating a motor vehicle on a 
public road, including operation while tempo-
rarily stationary because of traffic, a traffic light 
or stop sign, or otherwise; and 
‘‘(B) does not include operating a motor ve-
hicle when the vehicle has pulled over to the side 
of, or off, an active roadway and has stopped in 
a location where it can safely remain stationary.
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‘‘(2) PERSONAL WIRELESS COMMUNICATIONS DE-
VICE.—The term ‘personal wireless communications 
device’— 
‘‘(A) means a device through which personal 
wireless 
services 
(as 
defined 
in 
section 
332(c)(7)(C)(i) of the Communications Act of 
1934 (47 U.S.C. 332(c)(7)(C)(i))) are trans-
mitted; and 
‘‘(B) does not include a global navigation 
satellite system receiver used for positioning, 
emergency notification, or navigation purposes. 
‘‘(3) PRIMARY OFFENSE.—The term ‘primary of-
fense’ means an offense for which a law enforcement 
officer may stop a vehicle solely for the purpose of 
issuing a citation in the absence of evidence of an-
other offense. 
‘‘(4) PUBLIC ROAD.—The term ‘public road’ has 
the meaning given that term in section 402(c). 
‘‘(5) TEXTING.—The term ‘texting’ means read-
ing from or manually entering data into a personal 
wireless communications device, including doing so 
for the purpose of SMS texting, e-mailing, instant 
messaging, or engaging in any other form of elec-
tronic data retrieval or electronic data communica-
tion.’’.
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(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
striking the item relating to section 411 and inserting the 
following: 
‘‘411. Distracted driving grants.’’. 
SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM. 
Section 2009 of SAFETEA–LU (23 U.S.C. 402 note) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘at least 2’’ and inserting 
‘‘at least 3’’; and 
(B) by striking ‘‘years 2006 through 2012.’’ 
and inserting ‘‘fiscal years 2012 and 2013. The 
Administrator may also initiate and support ad-
ditional campaigns in each of fiscal years 2012 
and 2013 for the purposes specified in subsection 
(b).’’; 
(2) in subsection (b) by striking ‘‘either or both’’ 
and inserting ‘‘outcomes related to at least 1’’; 
(3) in subsection (c), by inserting ‘‘and Internet- 
based outreach’’ after ‘‘print media advertising’’; 
(4) in subsection (e), by striking ‘‘subsections 
(a), (c), and (f)’’ and inserting ‘‘subsection (c)’’; 
(5) by striking subsection (f); and 
(6) by redesignating subsection (g) as subsection 
(f).
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SEC. 31110. MOTORCYCLIST SAFETY. 
Section 2010 of SAFETEA–LU (23 U.S.C. 402 note) 
is amended— 
(1) by striking subsections (b) and (g); 
(2) by redesignating subsections (c), (d), (e), and 
(f) as subsections (b), (c), (d), and (e), respectively; 
and 
(3) in subsection (c)(1), as redesignated, by strik-
ing ‘‘to the satisfaction of the Secretary—’’ and all 
that follows and inserting ‘‘, to the satisfaction of the 
Secretary, at least 2 of the 6 criteria listed in para-
graph (2).’’. 
SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR 
SAFETY RESEARCH. 
(a) IN GENERAL.—Chapter 4 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 413. In-vehicle alcohol detection device research 
‘‘(a) IN GENERAL.—The Administrator of the National 
Highway Traffic Safety Administration shall carry out a 
collaborative research effort under chapter 301 of title 49, 
United States Code, to continue to explore the feasibility 
and the potential benefits of, and the public policy chal-
lenges associated with, more widespread deployment of in- 
vehicle technology to prevent alcohol-impaired driving. 
‘‘(b) REPORTS.—The Administrator shall submit a re-
port annually to the Senate Committee on Commerce,
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Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure— 
‘‘(1) describing progress in carrying out the col-
laborative research effort; and 
‘‘(2) including an accounting for the use of Fed-
eral funds obligated or expended in carrying out that 
effort. 
‘‘(c) DEFINITIONS.—In this title: 
‘‘(1) ALCOHOL-IMPAIRED
DRIVING.—The term 
‘alcohol-impaired driving’ means operation of a 
motor vehicle (as defined in section 30102(a)(6) of 
title 49, United States Code) by an individual whose 
blood alcohol content is at or above the legal limit. 
‘‘(2) LEGAL
LIMIT.—The term ‘legal limit’ 
means a blood alcohol concentration of 0.08 percent or 
greater (as specified by chapter 163 of title 23, United 
States Code) or such other percentage limitation as 
may be established by applicable Federal, State, or 
local law.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
4 of title 23, United States Code, is amended by inserting 
after the item relating to section 412 the following: 
‘‘413. In-vehicle alcohol detection device research.’’.
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SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS. 
(a) IN GENERAL.—Chapter 4 of title 23, United States 
Code, as amended by this title, is further amended by add-
ing at the end the following: 
‘‘§ 414. State Graduated Driver Licensing Incentive 
Grant 
‘‘(a) GRANTS AUTHORIZED.—Subject to the require-
ments of this section, the Secretary shall award grants to 
States that adopt and implement graduated driver licensing 
laws in accordance with the requirements set forth in sub-
section (b). 
‘‘(b) MINIMUM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A State meets the require-
ments set forth in this subsection if the State has a 
graduated driver licensing law that requires novice 
drivers younger than 21 years of age to comply with 
the 2-stage licensing process described in paragraph 
(2) before receiving an unrestricted driver’s license. 
‘‘(2) LICENSING PROCESS.—A State is in com-
pliance with the 2-stage licensing process described in 
this paragraph if the State’s driver’s license laws in-
clude— 
‘‘(A) a learner’s permit stage that— 
‘‘(i) is at least 6 months in duration;
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† HR 4348 EAS 
‘‘(ii) prohibits the driver from using a 
cellular telephone or any communications 
device in a nonemergency situation; and 
‘‘(iii) remains in effect until the driv-
er— 
‘‘(I) reaches 16 years of age and 
enters the intermediate stage; or 
‘‘(II) reaches 18 years of age; 
‘‘(B) an intermediate stage that— 
‘‘(i) commences immediately after the 
expiration of the learner’s permit stage; 
‘‘(ii) is at least 6 months in duration; 
‘‘(iii) prohibits the driver from using a 
cellular telephone or any communications 
device in a nonemergency situation; 
‘‘(iv) restricts driving at night; 
‘‘(v) prohibits the driver from oper-
ating a motor vehicle with more than 1 
nonfamilial passenger younger than 21 
years of age unless a licensed driver who is 
at least 21 years of age is in the motor vehi-
cle; and 
‘‘(vi) remains in effect until the driver 
reaches 18 years of age; and
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‘‘(C) any other requirement prescribed by 
the Secretary of Transportation, including— 
‘‘(i) in the learner’s permit stage— 
‘‘(I) at least 40 hours of behind- 
the-wheel training with a licensed 
driver who is at least 21 years of age; 
‘‘(II) a driver training course; 
and 
‘‘(III) a requirement that the 
driver be accompanied and supervised 
by a licensed driver, who is at least 21 
years of age, at all times while such 
driver is operating a motor vehicle; 
and 
‘‘(ii) in the learner’s permit or inter-
mediate stage, a requirement, in addition to 
any other penalties imposed by State law, 
that the grant of an unrestricted driver’s li-
cense be automatically delayed for any indi-
vidual who, during the learner’s permit or 
intermediate stage, is convicted of a driv-
ing-related offense, including— 
‘‘(I) driving while intoxicated; 
‘‘(II) misrepresentation of his or 
her true age;
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‘‘(III) reckless driving; 
‘‘(IV) driving without wearing a 
seat belt; 
‘‘(V) speeding; or 
‘‘(VI) any other driving-related of-
fense, as determined by the Secretary. 
‘‘(c) RULEMAKING.— 
‘‘(1) IN GENERAL.—The Secretary shall promul-
gate regulations necessary to implement the require-
ments under subsection (b), in accordance with the 
notice and comment provisions under section 553 of 
title 5, United States Code. 
‘‘(2) EXCEPTION.—A State that otherwise meets 
the minimum requirements set forth in subsection (b) 
shall be deemed by the Secretary to be in compliance 
with the requirement set forth in subsection (b) if the 
State enacted a law before January 1, 2011, estab-
lishing a class of license that permits licensees or ap-
plicants younger than 18 years of age to drive a 
motor vehicle— 
‘‘(A) in connection with work performed on, 
or for the operation of, a farm owned by family 
members who are directly related to the appli-
cant or licensee; or
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‘‘(B) if demonstrable hardship would result 
from the denial of a license to the licensees or ap-
plicants. 
‘‘(d) ALLOCATION.—Grant funds allocated to a State 
under this section for a fiscal year shall be in proportion 
to a State’s apportionment under section 402 for such fiscal 
year. 
‘‘(e) USE OF FUNDS.—Grant funds received by a State 
under this section may be used for— 
‘‘(1) enforcing a 2-stage licensing process that 
complies with subsection (b)(2); 
‘‘(2) training for law enforcement personnel and 
other relevant State agency personnel relating to the 
enforcement described in paragraph (1); 
‘‘(3) publishing relevant educational materials 
that pertain directly or indirectly to the State grad-
uated driver licensing law; 
‘‘(4) carrying out other administrative activities 
that the Secretary considers relevant to the State’s 2- 
stage licensing process; and 
‘‘(5) carrying out a teen traffic safety program 
described in section 402(m).’’. 
SEC. 31113. AGENCY ACCOUNTABILITY. 
Section 412 of title 23, United States Code, is amend-
ed—
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† HR 4348 EAS 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary shall conduct a review 
of each State highway safety program at least once 
every 3 years. 
‘‘(2) EXCEPTIONS.—The Secretary may conduct 
reviews of the highway safety programs of the United 
States Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands 
as often as the Secretary determines to be appro-
priate. 
‘‘(3) COMPONENTS.—Reviews under this sub-
section shall include— 
‘‘(A) a management evaluation of all grant 
programs funded under this chapter; 
‘‘(B) an assessment of State data collection 
and evaluation relating to performance measures 
established by the Secretary; 
‘‘(C) a comparison of State efforts under 
subparagraphs (A) and (B) to best practices and 
programs that have been evaluated for effective-
ness; and
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† HR 4348 EAS 
‘‘(D) the development of recommendations 
on how each State could— 
‘‘(i) improve the management and 
oversight of its grant activities; and 
‘‘(ii) provide a management and over-
sight plan for such grant programs.’’; and 
(2) by striking subsection (f). 
SEC. 31114. EMERGENCY MEDICAL SERVICES. 
Section 10202 of Public Law 109–59 (42 U.S.C. 300d– 
4), is amended by adding at the end the following: 
‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES ADVI-
SORY COUNCIL.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
portation, in coordination with the Secretary of 
Health and Human Services and the Secretary of 
Homeland Security, shall establish a National Emer-
gency Medical Services Advisory Council (referred to 
in this subsection as the ‘Advisory Council’). 
‘‘(2) MEMBERSHIP.—The Advisory Council shall 
be composed of 25 members, who— 
‘‘(A) shall be appointed by the Secretary of 
Transportation; and 
‘‘(B) shall collectively be representative of 
all sectors of the emergency medical services com-
munity.
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† HR 4348 EAS 
‘‘(3) PURPOSES.—The purposes of the Advisory 
Council are to advise and consult with— 
‘‘(A) the Federal Interagency Committee on 
Emergency Medical Services on matters relating 
to emergency medical services issues; and 
‘‘(B) the Secretary of Transportation on 
matters relating to emergency medical services 
issues affecting the Department of Transpor-
tation. 
‘‘(4) ADMINISTRATION.—The Administrator of 
the National Highway Traffic Safety Administration 
shall provide administrative support to the Advisory 
Council, including scheduling meetings, setting agen-
das, keeping minutes and records, and producing re-
ports. 
‘‘(5) LEADERSHIP.—The members of the Advi-
sory Council shall annually select a chairperson of the 
Council. 
‘‘(6) MEETINGS.—The Advisory Council shall 
meet as frequently as is determined necessary by the 
chairperson of the Council. 
‘‘(7) ANNUAL REPORTS.—The Advisory Council 
shall prepare an annual report to the Secretary of 
Transportation regarding the Council’s actions and 
recommendations.’’.
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† HR 4348 EAS 
Subtitle B—Enhanced Safety 
Authorities 
SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT. 
Section 30102(a)(7)(C) of title 49, United States Code, 
is amended to read as follows: 
‘‘(C) any device or an article or apparel, 
including a motorcycle helmet and excluding 
medicine or eyeglasses prescribed by a licensed 
practitioner, that— 
‘‘(i) is not a system, part, or compo-
nent of a motor vehicle; and 
‘‘(ii) is manufactured, sold, delivered, 
or offered to be sold for use on public streets, 
roads, and highways with the apparent 
purpose of safeguarding motor vehicles and 
highway users against risk of accident, in-
jury, or death.’’. 
SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF 
SAFETY BELTS. 
(a) IN GENERAL.—Chapter 301 of title 49, United 
States Code, is amended— 
(1) in section 30122, by striking subsection (d); 
and 
(2) by amending section 30124 to read as fol-
lows:
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‘‘§ 30124. Nonuse of safety belts 
‘‘A motor vehicle safety standard prescribed under this 
chapter may not require a manufacturer to comply with 
the standard by using a safety belt interlock designed to 
prevent starting or operating a motor vehicle if an occupant 
is not using a safety belt.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 301 of title 49, United States Code, is amended by 
striking the item relating to section 30124 and inserting 
the following: 
‘‘Sec. 30124. Nonuse of safety belts.’’. 
SEC. 31203. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 30165 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘30123(d)’’ and insert-
ing ‘‘30123(a)’’; and 
(ii) by striking ‘‘$15,000,000’’ and in-
serting ‘‘$250,000,000’’; and 
(B) 
in 
paragraph 
(3), 
by 
striking 
‘‘$15,000,000’’ and inserting ‘‘$250,000,000’’; 
and 
(2) by amending subsection (c) to read as fol-
lows:
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† HR 4348 EAS 
‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT 
OF
PENALTY
OR
COMPROMISE.—In determining the 
amount of a civil penalty or compromise under this section, 
the Secretary of Transportation shall consider the nature, 
circumstances, extent, and gravity of the violation. Such de-
termination shall include, as appropriate— 
‘‘(1) the nature of the defect or noncompliance; 
‘‘(2) knowledge by the person charged of its obli-
gation to recall or notify the public; 
‘‘(3) the severity of the risk of injury; 
‘‘(4) the occurrence or absence of injury; 
‘‘(5) the number of motor vehicles or items of 
motor vehicle equipment distributed with the defect or 
noncompliance; 
‘‘(6) the existence of an imminent hazard; 
‘‘(7) actions taken by the person charged to iden-
tify, investigate, or mitigate the condition; 
‘‘(8) the appropriateness of such penalty in rela-
tion to the size of the business of the person charged, 
including the potential for undue adverse economic 
impacts; 
‘‘(9) whether the person has previously been as-
sessed civil penalties under this section during the 
most recent 5 years; and 
‘‘(10) other appropriate factors.’’.
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(b) CIVIL PENALTY CRITERIA.—Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
shall issue a final rule, in accordance with the procedures 
of section 553 of title 5, United States Code, which provides 
an interpretation of the penalty factors described in section 
30165(c) of title 49, United States Code. 
(c) CONSTRUCTION.—Nothing in this section may be 
construed as preventing the imposition of penalties under 
section 30165 of title 49, United States Code, before the 
issuance of a final rule under subsection (b). 
SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DE-
VELOPMENT. 
(a) IN GENERAL.—Chapter 301 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY 
RESEARCH AND DEVELOPMENT 
‘‘§ 30181. Policy 
‘‘The Secretary of Transportation shall conduct re-
search, development, and testing on any area or aspect of 
motor vehicle safety necessary to carry out this chapter. 
‘‘§ 30182. Powers and duties 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall— 
‘‘(1) conduct motor vehicle safety research, devel-
opment, and testing programs and activities, includ-
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† HR 4348 EAS 
ing new and emerging technologies that impact or 
may impact motor vehicle safety; 
‘‘(2) collect and analyze all types of motor vehi-
cle and highway safety data and related information 
to determine the relationship between motor vehicle or 
motor vehicle equipment performance characteristics 
and— 
‘‘(A) accidents involving motor vehicles; and 
‘‘(B) deaths or personal injuries resulting 
from those accidents; 
‘‘(3) promote, support, and advance the edu-
cation and training of motor vehicle safety staff of the 
National Highway Traffic Safety Administration, in-
cluding using program funds for— 
‘‘(A) planning, implementing, conducting, 
and presenting results of program activities; and 
‘‘(B) travel and related expenses; 
‘‘(4) obtain experimental and other motor vehi-
cles and motor vehicle equipment for research or test-
ing; 
‘‘(5)(A) use any test motor vehicles and motor 
vehicle equipment suitable for continued use, as deter-
mined by the Secretary to assist in carrying out this 
chapter or any other chapter of this title; or
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† HR 4348 EAS 
‘‘(B) sell or otherwise dispose of test motor vehi-
cles and motor vehicle equipment and use the result-
ing proceeds to carry out this chapter; 
‘‘(6) award grants to States and local govern-
ments, interstate authorities, and nonprofit institu-
tions; and 
‘‘(7) enter into cooperative agreements, collabo-
rative research, or contracts with Federal agencies, 
interstate authorities, State and local governments, 
other public entities, private organizations and per-
sons, nonprofit institutions, colleges and universities, 
consumer advocacy groups, corporations, partner-
ships, sole proprietorships, trade associations, Federal 
laboratories (including government-owned, govern-
ment-operated laboratories and government-owned, 
contractor-operated laboratories), and foreign govern-
ments and research organizations. 
‘‘(b) USE OF PUBLIC AGENCIES.—In carrying out this 
subchapter, the Secretary shall avoid duplication by using 
the services, research, and testing facilities of public agen-
cies, as appropriate. 
‘‘(c) FACILITIES.—The Secretary may plan, design, 
and build a new facility or modify an existing facility to 
conduct research, development, and testing in traffic safety, 
highway safety, and motor vehicle safety.
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‘‘(d) AVAILABILITY OF INFORMATION, PATENTS, AND 
DEVELOPMENTS.—When the United States Government 
makes more than a minimal contribution to a research or 
development activity under this chapter, the Secretary shall 
include in the arrangement for the activity a provision to 
ensure that all information, patents, and developments re-
lated to the activity are available to the public without 
charge. The owner of a background patent may not be de-
prived of a right under the patent. 
‘‘§ 30183. Prohibition on certain disclosures. 
‘‘Any report of the National Highway Traffic Safety 
Administration, or of any officer, employee, or contractor 
of the National Highway Traffic Safety Administration, re-
lating to any highway traffic accident or the investigation 
of such accident conducted pursuant to this chapter or sec-
tion 403 of title 23, shall be made available to the public 
in a manner that does not identify individuals.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENT OF CHAPTER ANALYSIS.—The 
chapter analysis for chapter 301 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT 
‘‘30181. Policy. 
‘‘30182. Powers and duties. 
‘‘30183. Prohibition on certain disclosures.’’.
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† HR 4348 EAS 
(2) DELETION
OF
REDUNDANT
MATERIAL.— 
Chapter 301 of title 49, United States Code, is 
amended— 
(A) in the chapter analysis, by striking the 
item relating to section 30168; and 
(B) by striking section 30168. 
SEC. 31205. ODOMETER REQUIREMENTS. 
(a) DEFINITION.—Section 32702(5) of title 49, United 
States Code, is amended by inserting ‘‘or system of compo-
nents’’ after ‘‘instrument’’. 
(b) ELECTRONIC DISCLOSURES OF ODOMETER INFOR-
MATION.—Section 32705 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(g) ELECTRONIC DISCLOSURES.—Not later than 18 
months after the date of enactment of the Motor Vehicle and 
Highway Safety Improvement Act of 2012, in carrying out 
this section, the Secretary shall prescribe regulations per-
mitting any written disclosures or notices and related mat-
ters to be provided electronically.’’. 
SEC. 31206. INCREASED PENALTIES AND DAMAGES FOR 
ODOMETER FRAUD. 
Chapter 327 of title 49, United States Code, is amend-
ed— 
(1) in section 32709(a)(1)—
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† HR 4348 EAS 
(A) by striking ‘‘$2,000’’ and inserting 
‘‘$10,000’’; and 
(B) by striking ‘‘$100,000’’ and inserting 
‘‘$1,000,000’’; and 
(2) in section 32710(a), by striking ‘‘$1,500’’ 
and inserting ‘‘$10,000’’. 
SEC. 31207. EXTEND PROHIBITIONS ON IMPORTING NON-
COMPLIANT VEHICLES AND EQUIPMENT TO 
DEFECTIVE VEHICLES AND EQUIPMENT. 
Section 30112 of title 49, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3) Except as provided in this section, section 30114, 
subsections (i) and (j) of section 30120, and subchapter III, 
a person may not sell, offer for sale, introduce or deliver 
for introduction in interstate commerce, or import into the 
United States any motor vehicle or motor vehicle equipment 
if the vehicle or equipment contains a defect related to 
motor vehicle safety about which notice was given under 
section 30118(c) or an order was issued under section 
30118(b). Nothing in this paragraph may be construed to 
prohibit the importation of a new motor vehicle that re-
ceives a required recall remedy before being sold to a con-
sumer in the United States.’’; and
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† HR 4348 EAS 
(2) in subsection (b)(2)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by adding ‘‘or’’ 
at the end; and 
(C) by adding at the end the following: 
‘‘(C) having no reason to know, despite ex-
ercising reasonable care, that a motor vehicle or 
motor vehicle equipment contains a defect related 
to motor vehicle safety about which notice was 
given under section 30118(c) or an order was 
issued under section 30118(b);’’. 
SEC. 31208. FINANCIAL RESPONSIBILITY REQUIREMENTS 
FOR IMPORTERS. 
Chapter 301 of title 49, United States Code, is amend-
ed— 
(1) in the chapter analysis, by striking the item 
relating to subchapter III and inserting the following: 
‘‘SUBCHAPTER III—IMPORTING MOTOR VEHICLES AND EQUIPMENT’’; 
(2) in the heading for subchapter III, by striking 
‘‘NONCOMPLYING’’; and 
(3) in section 30147, by amending subsection (b) 
to read as follows: 
‘‘(b) FINANCIAL RESPONSIBILITY REQUIREMENT.— 
‘‘(1) RULEMAKING.—The Secretary of Transpor-
tation may issue regulations requiring each person
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† HR 4348 EAS 
that imports a motor vehicle or motor vehicle equip-
ment into the customs territory of the United States, 
including a registered importer (or any successor in 
interest), provide and maintain evidence, satisfactory 
to the Secretary, of sufficient financial responsibility 
to meet its obligations under section 30117(b), sec-
tions 30118 through 30121, and section 30166(f). In 
making a determination of sufficient financial re-
sponsibility under this Rule, the Secretary, to avoid 
duplicative requirements, shall first, to the extent 
practicable, rely on existing reporting and record-
keeping requirements and other information available 
to the Secretary, and shall coordinate with other Fed-
eral agencies, including the Securities and Exchange 
Commission, to access information collected and made 
publicly available under existing reporting and rec-
ordkeeping requirements. 
‘‘(2) REFUSAL OF ADMISSION.—If the Secretary 
of Transportation believes that a person described in 
paragraph (1) has not provided and maintained evi-
dence of sufficient financial responsibility to meet the 
obligations referred to in paragraph (1), the Secretary 
of Homeland Security shall first offer the person an 
opportunity to remedy the deficiency within 30 days, 
and if not remedied thereafter may refuse the admis-
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† HR 4348 EAS 
sion into the customs territory of the United States of 
any motor vehicle or motor vehicle equipment im-
ported by the person. 
‘‘(3) EXCEPTION.—This subsection shall not 
apply to original manufacturers (or wholly owned 
subsidiaries) of motor vehicles that, prior to the date 
of enactment of the Motor Vehicle and Highway Safe-
ty Improvement Act of 2012— 
‘‘(A) have imported motor vehicles into the 
United States that are certified to comply with 
all applicable Federal motor vehicle safety stand-
ards; 
‘‘(B) have submitted to the Secretary appro-
priate manufacturer identification information 
under part 566 of title 49, Code of Federal Regu-
lations; and 
‘‘(C) if applicable, have identified a current 
agent for service of process in accordance with 
part 551 of title 49, Code of Federal Regula-
tions.’’. 
SEC. 31209. CONDITIONS ON IMPORTATION OF VEHICLES 
AND EQUIPMENT. 
Chapter 301 of title 49, United States Code, is amend-
ed—
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† HR 4348 EAS 
(1) in the chapter analysis, by striking the item 
relating to section 30164 and inserting the following: 
‘‘30164. Service of process; conditions on importation of vehicles and equipment.’’; 
and 
(2) in section 30164— 
(A) in the section heading, by adding ‘‘; 
CONDITIONS
ON
IMPORTATION
OF
VEHI-
CLES AND EQUIPMENT’’ at the end; and 
(B) by adding at the end the following: 
‘‘(c) IDENTIFYING INFORMATION.—A manufacturer 
(including an importer) offering a motor vehicle or motor 
vehicle equipment for import shall provide such information 
as the Secretary may, by rule, request including— 
‘‘(1) the product by name and the manufactur-
er’s address; and 
‘‘(2) each retailer or distributor to which the 
manufacturer directly supplied motor vehicles or 
motor vehicle equipment over which the Secretary has 
jurisdiction under this chapter. 
‘‘(d) RULEMAKING.—In issuing a rulemaking, the Sec-
retary shall seek to reduce duplicative requirements by co-
ordinating with Department of Homeland Security. The 
Secretary may issue regulations that— 
‘‘(1) condition the import of a motor vehicle or 
motor vehicle equipment on the manufacturer’s com-
pliance with—
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‘‘(A) the requirements under this section; 
‘‘(B) any rules issued with respect to such 
requirements; or 
‘‘(C) any other requirements under this 
chapter or rules issued with respect to such re-
quirements; 
‘‘(2) provide an opportunity for the manufac-
turer to present information before the Secretary’s de-
termination as to whether the manufacturer’s imports 
should be restricted; and 
‘‘(3) establish a process by which a manufacturer 
may petition for reinstatement of its ability to import 
motor vehicles or motor vehicle equipment. 
‘‘(e) EXCEPTION.—The requirements of subsections (c) 
and (d) shall not apply to original manufacturers (or whol-
ly owned subsidiaries) of motor vehicles that, prior to the 
date of enactment of the Motor Vehicle and Highway Safety 
Improvement Act of 2012— 
‘‘(1) have imported motor vehicles into the 
United States that are certified to comply with all 
applicable Federal motor vehicle safety standards, 
‘‘(2) have submitted to the Secretary appropriate 
manufacturer identification information under part 
566 of title 49, Code of Federal Regulations; and
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‘‘(3) if applicable, have identified a current 
agent for service of process in accordance with part 
551 of title 49, Code of Federal Regulations.’’. 
SEC. 31210. PORT INSPECTIONS; SAMPLES FOR EXAMINA-
TION OR TESTING. 
Section 30166(c) of title 49, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3)— 
(A) in subparagraph (A), by inserting ‘‘(in-
cluding at United States ports of entry)’’ after 
‘‘held for introduction in interstate commerce’’; 
and 
(B) in subparagraph (D), by striking the 
period at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(4) shall enter into a memorandum of under-
standing with the Secretary of Homeland Security for 
inspections and sampling of motor vehicle equipment 
being offered for import to determine compliance with 
this chapter or a regulation or order issued under this 
chapter.’’.
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Subtitle C—Transparency and 
Accountability 
SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFE-
TY ADMINISTRATION VEHICLE SAFETY DATA-
BASE. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall improve 
public accessibility to information on the National High-
way Traffic Safety Administration’s publicly accessible ve-
hicle safety databases by— 
(1) improving organization and functionality, 
including modern web design features, and allowing 
for data to be searched, aggregated, and downloaded; 
(2) providing greater consistency in presentation 
of vehicle safety issues; and 
(3) improving searchability about specific vehi-
cles and issues through standardization of commonly 
used search terms. 
(b) VEHICLE RECALL INFORMATION.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
require that motor vehicle safety recall information— 
(A) is available to the public on the Inter-
net;
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† HR 4348 EAS 
(B) is searchable by vehicle make and model 
and vehicle identification number; 
(C) is in a format that preserves consumer 
privacy; and 
(D) includes information about each recall 
that has not been completed for each vehicle. 
(2) RULEMAKING.—The Secretary may initiate 
a rulemaking proceeding to require each manufac-
turer to provide the information described in para-
graph (1), with respect to that manufacturer’s motor 
vehicles, at no cost on a publicly accessible Internet 
website. 
(3) DATABASE AWARENESS PROMOTION ACTIVI-
TIES.—The Secretary, in consultation with the heads 
of other relevant agencies, shall promote consumer 
awareness of the information made available to the 
public pursuant to this subsection. 
SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION 
HOTLINE 
FOR 
MANUFACTURER, 
DEALER, AND MECHANIC PERSONNEL. 
The Secretary shall— 
(1) establish a means by which mechanics, pas-
senger motor vehicle dealership personnel, and pas-
senger motor vehicle manufacturer personnel may di-
rectly and confidentially contact the National High-
1012 
† HR 4348 EAS 
way Traffic Safety Administration to report potential 
passenger motor vehicle safety defects; and 
(2) publicize the means for contacting the Na-
tional Highway Traffic Safety Administration in a 
manner that targets mechanics, passenger motor vehi-
cle dealership personnel, and manufacturer personnel. 
SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES 
AND OTHER COMMUNICATIONS WITH DEAL-
ERS. 
(a) INTERNET ACCESSIBILITY.—Section 30166(f) of 
title 49, United States Code, is amended— 
(1) by striking ‘‘A manufacturer shall give the 
Secretary of Transportation’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—A manufacturer shall give 
the Secretary of Transportation, and make available 
on a publicly accessible Internet website,’’; and 
(2) by adding at the end the following: 
‘‘(2) NOTICES.—Communications required to be 
submitted to the Secretary and made available on a 
publicly accessible Internet website under this sub-
section shall include all notices to dealerships of soft-
ware upgrades and modifications recommended by a 
manufacturer for all previously sold vehicles. Notice is 
required even if the software upgrade or modification
1013 
† HR 4348 EAS 
is not related to a safety defect or noncompliance with 
a motor vehicle safety standard. The notice shall in-
clude a plain language description of the purpose of 
the update and that description shall be prominently 
placed at the beginning of the notice. 
‘‘(3) INDEX.—Communications required to be 
submitted to the Secretary under this subsection shall 
be accompanied by an index to each communication, 
which— 
‘‘(A) identifies the make, model, and model 
year of the affected vehicles; 
‘‘(B) includes a concise summary of the sub-
ject matter of the communication; and 
‘‘(C) shall be made available by the Sec-
retary to the public on the Internet in a search-
able format.’’. 
SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING 
DATA. 
Section 30166(m) of title 49, United States Code, is 
amended in paragraph (4), by amending subparagraph (C) 
to read as follows: 
‘‘(C) DISCLOSURE.— 
‘‘(i) IN
GENERAL.—The information 
provided to the Secretary pursuant to this 
subsection shall be disclosed publicly unless
1014 
† HR 4348 EAS 
exempt from disclosure under section 552(b) 
of title 5. 
‘‘(ii) 
PRESUMPTION.—In 
admin-
istering this subparagraph, the Secretary 
shall presume in favor of maximum public 
availability of information.’’. 
SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL 
HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
REPORTS. 
(a) IN GENERAL.—Section 30166 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary shall require a 
senior official responsible for safety in each company 
submitting information to the Secretary in response 
to a request for information in a safety defect or com-
pliance investigation under this chapter to certify 
that— 
‘‘(A) the signing official has reviewed the 
submission; and 
‘‘(B) based on the official’s knowledge, the 
submission does not— 
‘‘(i) contain any untrue statement of a 
material fact; or
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† HR 4348 EAS 
‘‘(ii) omit to state a material fact nec-
essary in order to make the statements 
made not misleading, in light of the cir-
cumstances under which such statements 
were made. 
‘‘(2) NOTICE.—The certification requirements of 
this section shall be clearly stated on any request for 
information under paragraph (1).’’. 
(b) CIVIL PENALTY.—Section 30165(a) of title 49, 
United States Code, is amended— 
(1) in paragraph (3), by striking ‘‘A person’’ 
and inserting ‘‘Except as provided in paragraph (4), 
a person’’; and 
(2) by adding at the end the following: 
‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE-
PORTS.—A person who knowingly and willfully sub-
mits materially false, misleading, or incomplete infor-
mation to the Secretary, after certifying the same in-
formation as accurate and complete under the certifi-
cation 
process 
established 
pursuant 
to 
section 
30166(o), shall be subject to a civil penalty of not 
more than $5,000 per day. The maximum penalty 
under this paragraph for a related series of daily vio-
lations is $5,000,000.’’.
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SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION 
PROGRAM. 
(a) DEFINITION.—Section 32301 of title 49, United 
States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
(2) by inserting before paragraph (2), as redesig-
nated, the following: 
‘‘(1) ‘crash avoidance’ means preventing or miti-
gating a crash;’’; and 
(3) in paragraph (2), as redesignated, by strik-
ing the period at the end and inserting ‘‘; and’’. 
(b) INFORMATION INCLUDED.—Section 32302(a) of 
title 49, United States Code, is amended— 
(1) in paragraph (2), by inserting ‘‘, crash 
avoidance, and any other areas the Secretary deter-
mines will improve the safety of passenger motor ve-
hicles’’ after ‘‘crashworthiness’’; and 
(2) by striking paragraph (4). 
SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING. 
Section 32302 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFORMA-
TION.— 
‘‘(1) RULEMAKING REQUIRED.—Not later than 1 
year after the date of the enactment of the Motor Ve-
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† HR 4348 EAS 
hicle and Highway Safety Improvement Act of 2012, 
the Secretary shall prescribe regulations that require 
passenger motor vehicle manufacturers— 
‘‘(A) to affix, in the glove compartment or 
in another readily accessible location on the ve-
hicle, a sticker, decal, or other device that pro-
vides, in simple and understandable language, 
information about how to submit a safety-related 
motor vehicle defect complaint to the National 
Highway Traffic Safety Administration; 
‘‘(B) to prominently print the information 
described in subparagraph (A) on a separate 
page within the owner’s manual; and 
‘‘(C) to not place such information on the 
label required under section 3 of the Automobile 
Information Disclosure Act (15 U.S.C. 1232). 
‘‘(2) APPLICATION.—The requirements under 
paragraph (1) shall apply to passenger motor vehicles 
manufactured in any model year beginning more 
than 1 year after the date on which a final rule is 
published under paragraph (1).’’.
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† HR 4348 EAS 
SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR 
VEHICLE 
MANUFACTURERS, 
PART 
SUP-
PLIERS, AND DEALERSHIP EMPLOYEES. 
(a) IN GENERAL.—Subchapter IV of chapter 301 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 30171. Protection of employees providing motor ve-
hicle safety information 
‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF MANU-
FACTURERS, PART SUPPLIERS, AND DEALERSHIPS.—No 
motor vehicle manufacturer, part supplier, or dealership 
may discharge an employee or otherwise discriminate 
against an employee with respect to compensation, terms, 
conditions, or privileges of employment because the em-
ployee (or any person acting pursuant to a request of the 
employee)— 
‘‘(1) provided, caused to be provided, or is about 
to provide (with any knowledge of the employer) or 
cause to be provided to the employer or the Secretary 
of Transportation information relating to any motor 
vehicle defect, noncompliance, or any violation or al-
leged violation of any notification or reporting re-
quirement of this chapter; 
‘‘(2) has filed, caused to be filed, or is about to 
file (with any knowledge of the employer) or cause to 
be filed a proceeding relating to any violation or al-
1019 
† HR 4348 EAS 
leged violation of any motor vehicle defect, noncompli-
ance, or any violation or alleged violation of any no-
tification or reporting requirement of this chapter; 
‘‘(3) testified or is about to testify in such a pro-
ceeding; 
‘‘(4) assisted or participated or is about to assist 
or participate in such a proceeding; or 
‘‘(5) objected to, or refused to participate in, any 
activity that the employee reasonably believed to be in 
violation of any provision of any Act enforced by the 
Secretary of Transportation, or any order, rule, regu-
lation, standard, or ban under any such Act. 
‘‘(b) COMPLAINT PROCEDURE.— 
‘‘(1) FILING AND NOTIFICATION.—A person who 
believes that he or she has been discharged or other-
wise discriminated against by any person in viola-
tion of subsection (a) may, not later than 180 days 
after the date on which such violation occurs, file (or 
have any person file on his or her behalf) a complaint 
with the Secretary of Labor (hereinafter in this sec-
tion referred to as the ‘Secretary’) alleging such dis-
charge or discrimination. Upon receipt of such a com-
plaint, the Secretary shall notify, in writing, the per-
son named in the complaint of the filing of the com-
plaint, of the allegations contained in the complaint,
1020 
† HR 4348 EAS 
of the substance of evidence supporting the complaint, 
and of the opportunities that will be afforded to such 
person under paragraph (2). 
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 
‘‘(A) IN GENERAL.—Not later than 60 days 
after the date of receipt of a complaint filed 
under paragraph (1) and after affording the per-
son named in the complaint an opportunity to 
submit to the Secretary a written response to the 
complaint and an opportunity to meet with a 
representative of the Secretary to present state-
ments from witnesses, the Secretary shall conduct 
an investigation and determine whether there is 
reasonable cause to believe that the complaint 
has merit and notify, in writing, the complain-
ant and the person alleged to have committed a 
violation of subsection (a) of the Secretary’s find-
ings. If the Secretary concludes that there is a 
reasonable cause to believe that a violation of 
subsection (a) has occurred, the Secretary shall 
accompany the Secretary’s findings with a pre-
liminary order providing the relief prescribed by 
paragraph (3)(B). Not later than 30 days after 
the date of notification of findings under this 
paragraph, either the person alleged to have com-
1021 
† HR 4348 EAS 
mitted the violation or the complainant may file 
objections to the findings or preliminary order, 
or both, and request a hearing on the record. The 
filing of such objections shall not operate to stay 
any reinstatement remedy contained in the pre-
liminary order. Such hearings shall be conducted 
expeditiously. If a hearing is not requested in 
such 30-day period, the preliminary order shall 
be deemed a final order that is not subject to ju-
dicial review. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) REQUIRED
SHOWING
BY
COM-
PLAINANT.—The Secretary shall dismiss a 
complaint filed under this subsection and 
shall not conduct an investigation otherwise 
required under subparagraph (A) unless the 
complainant makes a prima facie showing 
that any behavior described in paragraphs 
(1) through (5) of subsection (a) was a con-
tributing factor in the unfavorable per-
sonnel action alleged in the complaint. 
‘‘(ii) SHOWING
BY
EMPLOYER.—Not-
withstanding a finding by the Secretary 
that the complainant has made the showing 
required under clause (i), no investigation
1022 
† HR 4348 EAS 
otherwise required under subparagraph (A) 
shall be conducted if the employer dem-
onstrates, by clear and convincing evidence, 
that the employer would have taken the 
same unfavorable personnel action in the 
absence of that behavior. 
‘‘(iii) CRITERIA FOR DETERMINATION 
BY SECRETARY.—The Secretary may deter-
mine that a violation of subsection (a) has 
occurred only if the complainant dem-
onstrates that any behavior described in 
paragraphs (1) through (5) of subsection (a) 
was a contributing factor in the unfavorable 
personnel action alleged in the complaint. 
‘‘(iv) PROHIBITION.—Relief may not 
be ordered under subparagraph (A) if the 
employer demonstrates, by clear and con-
vincing evidence, that the employer would 
have taken the same unfavorable personnel 
action in the absence of that behavior. 
‘‘(3) FINAL ORDER.— 
‘‘(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT AGREEMENTS.—Not later than 120 days 
after the date of conclusion of a hearing under 
paragraph (2), the Secretary shall issue a final
1023 
† HR 4348 EAS 
order providing the relief prescribed by this 
paragraph or denying the complaint. At any 
time before issuance of a final order, a pro-
ceeding under this subsection may be terminated 
on the basis of a settlement agreement entered 
into by the Secretary, the complainant, and the 
person alleged to have committed the violation. 
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary 
determines that a violation of subsection (a) has 
occurred, the Secretary shall order the person 
who committed such violation— 
‘‘(i) to take affirmative action to abate 
the violation; 
‘‘(ii) to reinstate the complainant to 
his or her former position together with the 
compensation (including back pay) and re-
store the terms, conditions, and privileges 
associated with his or her employment; and 
‘‘(iii) to provide compensatory dam-
ages to the complainant. 
‘‘(C) ATTORNEYS’ FEES.—If such an order 
is issued under this paragraph, the Secretary, at 
the request of the complainant, shall assess 
against the person against whom the order is
1024 
† HR 4348 EAS 
issued a sum equal to the aggregate amount of 
all costs and expenses (including attorneys’ and 
expert witness fees) reasonably incurred, as de-
termined by the Secretary, by the complainant 
for, or in connection with, bringing the com-
plaint upon which the order was issued. 
‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec-
retary determines that a complaint under para-
graph (1) is frivolous or has been brought in bad 
faith, the Secretary may award to the prevailing 
employer a reasonable attorney’s fee not exceed-
ing $1,000. 
‘‘(E) DE NOVO REVIEW.—With respect to a 
complaint under paragraph (1), if the Secretary 
of Labor has not issued a final decision within 
210 days after the filing of the complaint and if 
the delay is not due to the bad faith of the em-
ployee, the employee may bring an original ac-
tion at law or equity for de novo review in the 
appropriate district court of the United States, 
which shall have jurisdiction over such an action 
without regard to the amount in controversy, 
and which action shall, at the request of either 
party to the action, be tried by the court with a 
jury. The action shall be governed by the same
1025 
† HR 4348 EAS 
legal burdens of proof specified in paragraph 
(2)(B) for review by the Secretary of Labor. 
‘‘(4) REVIEW.— 
‘‘(A) APPEAL TO COURT OF APPEALS.—Any 
person adversely affected or aggrieved by an 
order issued under paragraph (3) may obtain re-
view of the order in the United States Court of 
Appeals for the circuit in which the violation, 
with respect to which the order was issued, alleg-
edly occurred or the circuit in which the com-
plainant resided on the date of such violation. 
The petition for review shall be filed not later 
than 60 days after the date of the issuance of the 
final order of the Secretary. Review shall con-
form to chapter 7 of title 5. The commencement 
of proceedings under this subparagraph shall 
not, unless ordered by the court, operate as a 
stay of the order. 
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary with respect to 
which review could have been obtained under 
subparagraph (A) shall not be subject to judicial 
review in any criminal or other civil proceeding. 
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.— 
Whenever any person fails to comply with an order
1026 
† HR 4348 EAS 
issued under paragraph (3), the Secretary may file a 
civil action in the United States district court for the 
district in which the violation was found to occur to 
enforce such order. In actions brought under this 
paragraph, the district courts shall have jurisdiction 
to grant all appropriate relief, including injunctive 
relief and compensatory damages. 
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under 
paragraph (3) may commence a civil action 
against the person to whom such order was 
issued to require compliance with such order. 
The appropriate United States district court 
shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the 
parties, to enforce such order. 
‘‘(B) ATTORNEY
FEES.—The court, in 
issuing any final order under this paragraph, 
may award costs of litigation (including reason-
able attorney and expert witness fees) to any 
party whenever the court determines such award 
is appropriate.
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† HR 4348 EAS 
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed under this section shall be enforceable in a mandamus 
proceeding brought under section 1361 of title 28. 
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an 
employee of a motor vehicle manufacturer, part supplier, 
or dealership who, acting without direction from such motor 
vehicle manufacturer, part supplier, or dealership (or such 
person’s agent), deliberately causes a violation of any re-
quirement relating to motor vehicle safety under this chap-
ter.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
for chapter 301 of title 49, United States Code, is amended 
by inserting after the item relating to section 30170 the fol-
lowing: 
‘‘30171. Protection of employees providing motor vehicle safety information.’’. 
SEC. 31309. ANTI-REVOLVING DOOR. 
(a) AMENDMENT.—Subchapter I of chapter 301 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 30107. Restriction on covered motor vehicle safety 
officials 
‘‘(a) IN GENERAL.—During the 2-year period after the 
termination of his or her service or employment, a covered 
vehicle safety official may not knowingly make, with the 
intent to influence, any communication to or appearance
1028 
† HR 4348 EAS 
before any officer or employee of the National Highway 
Traffic Safety Administration on behalf of any manufac-
turer subject to regulation under this chapter in connection 
with any matter involving motor vehicle safety on which 
such person seeks official action by any officer or employee 
of the National Highway Traffic Safety Administration. 
‘‘(b) MANUFACTURERS.—It is unlawful for any manu-
facturer or other person subject to regulation under this 
chapter to employ or contract for the services of an indi-
vidual to whom subsection (a) applies during the 2-year 
period commencing on the individual’s termination of em-
ployment with the National Highway Traffic Safety Ad-
ministration in a capacity in which the individual is pro-
hibited from serving during that period. 
‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 
of this section, a person who is detailed from 1 department, 
agency, or other entity to another department, agency, or 
other entity shall, during the period such person is detailed, 
be deemed to be an officer or employee of both departments, 
agencies, or such entities. 
‘‘(d) SAVINGS PROVISION.—Nothing in this section 
may be construed to expand, contract, or otherwise affect 
the application of any waiver or criminal penalties under 
section 207 of title 18.
1029 
† HR 4348 EAS 
‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 
section may be construed to prevent an individual from giv-
ing testimony under oath, or from making statements re-
quired to be made under penalty of perjury. 
‘‘(f) DEFINED TERM.—In this section, the term ‘cov-
ered vehicle safety official’ means any officer or employee 
of the National Highway Traffic Safety Administration— 
‘‘(1) who, during the final 12 months of his or 
her service or employment with the agency, serves or 
served in a technical or legal capacity, and whose job 
responsibilities include or included vehicle safety de-
fect investigation, vehicle safety compliance, vehicle 
safety rulemaking, or vehicle safety research; and 
‘‘(2) who serves in a supervisory or management 
capacity over an officer or employee described in 
paragraph (1). 
‘‘(g) EFFECTIVE DATE.—This section shall apply to 
covered vehicle safety officials who terminate service or em-
ployment with the National Highway Traffic Safety Ad-
ministration after the date of enactment of the Motor Vehi-
cle and Highway Safety Improvement Act of 2012.’’. 
(b) CIVIL PENALTY.—Section 30165(a) of title 49, 
United States Code, as amended by this subtitle, is further 
amended by adding at the end the following:
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† HR 4348 EAS 
‘‘(5) IMPROPER INFLUENCE.—An individual who 
violates section 30107(a) is liable to the United States 
Government for a civil penalty, as determined under 
section 216(b) of title 18, for an offense under section 
207 of that title. A manufacturer or other person sub-
ject to regulation under this chapter who violates sec-
tion 30107(b) is liable to the United States Govern-
ment for a civil penalty equal to the sum of— 
‘‘(A) an amount equal to not less than 
$100,000; and 
‘‘(B) an amount equal to 90 percent of the 
annual compensation or fee paid or payable to 
the individual with respect to whom the viola-
tion occurred.’’. 
(c) STUDY
OF DEPARTMENT
OF TRANSPORTATION 
POLICIES ON OFFICIAL COMMUNICATION WITH FORMER 
MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Not later 
than 1 year after the date of the enactment of this Act, the 
Inspector General of the Department of Transportation 
shall— 
(1) review the Department of Transportation’s 
policies and procedures applicable to official commu-
nication with former employees concerning motor ve-
hicle safety compliance matters for which they had re-
sponsibility during the last 12 months of their tenure
1031 
† HR 4348 EAS 
at the Department, including any limitations on the 
ability of such employees to submit comments, or oth-
erwise communicate directly with the Department, on 
motor vehicle safety issues; and 
(2) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House 
of Representatives that contains the Inspector Gen-
eral’s findings, conclusions, and recommendations for 
strengthening those policies and procedures to mini-
mize the risk of undue influence without compro-
mising the ability of the Department to employ and 
retain highly qualified individuals for such respon-
sibilities. 
(d) POST-EMPLOYMENT POLICY STUDY.— 
(1) IN GENERAL.—The Inspector General of the 
Department of Transportation shall conduct a study 
of the Department’s policies relating to post-employ-
ment restrictions on employees who perform functions 
related to transportation safety. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Inspector General 
shall submit a report containing the results of the 
study conducted under paragraph (1) to—
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† HR 4348 EAS 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; and 
(C) the Secretary of Transportation. 
(3) USE OF RESULTS.—The Secretary of Trans-
portation shall review the results of the study con-
ducted under paragraph (1) and take whatever action 
the Secretary determines to be appropriate. 
(e) CONFORMING AMENDMENT.—The table of contents 
for chapter 301 of title 49, United States Code, is amended 
by inserting after the item relating to section 30106 the fol-
lowing: 
‘‘30107. Restriction on covered motor vehicle safety officials.’’. 
SEC. 31310. STUDY OF CRASH DATA COLLECTION. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate the Committee on Energy and Com-
merce of the House of Representatives regarding the quality 
of data collected through the National Automotive Sampling 
System, including the Special Crash Investigations Pro-
gram. 
(b) REVIEW.—The Administrator of the National 
Highway Traffic Safety Administration (referred to in this 
section as the ‘‘Administration’’) shall conduct a com-
1033 
† HR 4348 EAS 
prehensive review of the data elements collected from each 
crash to determine if additional data should be collected. 
The review under this subsection shall include input from 
interested parties, including suppliers, automakers, safety 
advocates, the medical community, and research organiza-
tions. 
(c) CONTENTS.—The report issued under this section 
shall include— 
(1) the analysis and conclusions the Administra-
tion can reach from the amount of motor vehicle crash 
data collected in a given year; 
(2) the additional analysis and conclusions the 
Administration could reach if more crash investiga-
tions were conducted each year; 
(3) the number of investigations per year that 
would allow for optimal data analysis and crash in-
formation; 
(4) the results of the comprehensive review con-
ducted pursuant to subsection (b); 
(5) recommendations for improvements to the 
Administration’s data collection program; and 
(6) the resources needed by the Administration to 
implement such recommendations.
1034 
† HR 4348 EAS 
SEC. 31311. UPDATE MEANS OF PROVIDING NOTIFICATION; 
IMPROVING EFFICACY OF RECALLS. 
(a) UPDATE
OF MEANS
OF PROVIDING NOTIFICA-
TION.—Section 30119(d) of title 49, United States Code, is 
amended— 
(1) by striking, in paragraph (1), ‘‘by first class 
mail’’ and inserting ‘‘in the manner prescribed by the 
Secretary, by regulation’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘(except a tire) shall be sent 
by first class mail’’ and inserting ‘‘shall be sent 
in the manner prescribed by the Secretary, by 
regulation,’’; and 
(B) by striking the second sentence; 
(3) in paragraph (3)— 
(A) by striking the first sentence; 
(B) by inserting ‘‘to the notification re-
quired under paragraphs (1) and (2)’’ after ‘‘ad-
dition’’; and 
(C) by inserting ‘‘by the manufacturer’’ 
after ‘‘given’’; and 
(4) in paragraph (4), by striking ‘‘by certified 
mail or quicker means if available’’ and inserting ‘‘in 
the manner prescribed by the Secretary, by regula-
tion’’.
1037 
† HR 4348 EAS 
‘‘§ 30120A. Recall obligations and bankruptcy of a 
manufacturer 
‘‘A manufacturer’s filing of a petition in bankruptcy 
under chapter 11 of title 11, does not negate the manufac-
turer’s duty to comply with section 30112 or sections 30115 
through 30120 of this title. In any bankruptcy proceeding, 
the manufacturer’s obligations under such sections shall be 
treated as a claim of the United States Government against 
such manufacturer, subject to subchapter II of chapter 37 
of title 31, United States Code, and given priority pursuant 
to section 3713(a)(1)(A) of such chapter, notwithstanding 
section 3713(a)(2), to ensure that consumers are adequately 
protected from any safety defect or noncompliance deter-
mined to exist in the manufacturer’s products. This section 
shall apply equally to actions of a manufacturer taken be-
fore or after the filing of a petition in bankruptcy.’’ 
(b) CONFORMING AMENDMENT.—The chapter analysis 
of chapter 301 of title 49, United States Code, is amended 
by inserting after the item relating to section 30120 the fol-
lowing: 
‘‘30120a. Recall obligations and bankruptcy of a manufacturer.’’. 
SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFOR-
MATION PROVISION. 
Chapter 331 of title 49, United States Code, is amend-
ed—
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(1) in the chapter analysis, by striking the item 
relating to section 33112; and 
(2) by striking section 33112. 
SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL 
SAFETY RATING CATEGORIES. 
Section 3(g)(2) of the Automobile Information Disclo-
sure Act (15 U.S.C. 1232(g)(2)), is amended by inserting 
‘‘safety rating categories that may include’’ after ‘‘refers 
to’’. 
Subtitle D—Vehicle Electronics and 
Safety Standards 
SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION ELECTRONICS, SOFTWARE, AND EN-
GINEERING EXPERTISE. 
(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE 
SOFTWARE, AND EMERGING TECHNOLOGIES.— 
(1) IN GENERAL.—The Secretary shall establish, 
within the National Highway Traffic Safety Admin-
istration, a Council for Vehicle Electronics, Vehicle 
Software, and Emerging Technologies (referred to in 
this section as the ‘‘Council’’) to build, integrate, and 
aggregate the Administration’s expertise in passenger 
motor vehicle electronics and other new and emerging 
technologies.
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(2) IMPLEMENTATION OF ROADMAP.—The Coun-
cil shall research the inclusion of emerging light-
weight plastic and composite technologies in motor ve-
hicles to increase fuel efficiency, lower emissions, meet 
fuel economy standards, and enhance passenger motor 
vehicle safety through continued utilization of the Ad-
ministration’s Plastic and Composite Intensive Vehi-
cle Safety Roadmap (Report No. DOT HS 810 863). 
(3) INTRA-AGENCY COORDINATION.—The Council 
shall coordinate with all components of the Adminis-
tration responsible for vehicle safety, including re-
search and development, rulemaking, and defects in-
vestigation. 
(b) HONORS RECRUITMENT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish, within the National Highway Traffic Safety Ad-
ministration, an honors program for engineering stu-
dents, computer science students, and other students 
interested in vehicle safety that will enable such stu-
dents to train with engineers and other safety officials 
for a career in vehicle safety. 
(2) STIPEND.—The Secretary is authorized to 
provide a stipend to students during their participa-
tion in the program established pursuant to para-
graph (1).