936 
motorbus directional route miles attributable to an 
urbanized area for a fiscal year under this sub-
section, 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 
facility 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 en-
sure that not less than 40 percent of the funds allo-
cated 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-
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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 per-
cent of the average annual amount the recipients in 
the State received under section 5309(m)(2)(c), as 
in effect on October 1, 2011, in fiscal years 2006 
through 2011.’’. 
SEC. 20029. AUTHORIZATIONS. 
Section 5338 of title 49, United States Code, is 
amended 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, subsections (c) and (e) of section 5337, 
and section 20005(b) of the Federal Public Trans-
portation 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; 
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‘‘(B) $20,000,000 for each of fiscal years 
2012 and 2013 shall be available to carry out 
section 20005(b) of the Federal Public Trans-
portation Act of 2012; 
‘‘(C) $4,756,161,500 for each of fiscal 
years 2012 and 2013 shall be allocated in ac-
cordance 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 sec-
tion 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 
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section 5311(c)(1) and $20,000,000 shall be 
available 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 
research, development, demonstration, and de-
ployment 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 
section 5313; 
‘‘(I) $4,500,000 for each of fiscal years 
2012 and 2013 shall be available for technical 
assistance and standards development under 
section 5314; 
‘‘(J) $5,000,000 for each of fiscal years 
2012 and 2013 shall be available for the Na-
tional 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; 
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‘‘(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 
with section 5340 to provide financial assist-
ance 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 sec-
tion 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. 
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‘‘(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 author-
ized to be appropriated under paragraph (1), not 
less than $10,000,000 shall be available to carry out 
section 5329. 
‘‘(3) SECTION
5326.—Of the amounts made 
available 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 
available 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 avail-
able 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. 
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‘‘(D) 1 percent of amounts made available 
to carry out section 601 of the Passenger Rail 
Investment and Improvement Act of 2008 
(Public Law 110–432; 126 Stat. 4968). 
‘‘(E) 0.5 percent of amounts made avail-
able to carry out section 5310. 
‘‘(F) 0.5 percent of amounts made avail-
able to carry out section 5311. 
‘‘(G) 0.5 percent of amounts made avail-
able 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 
safety 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. 
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‘‘(3) GOVERNMENT
SHARE
OF
COSTS.—The 
Government 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. 
‘‘(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 
obligation 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 Government to pay the Government share of 
the cost of the project only to the extent that 
amounts are appropriated for such purpose by an 
Act of Congress. 
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‘‘(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 FOR-
MULA FACTORS. 
Section 5340 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5340. Apportionments based on growing States and 
high density States formula factors 
‘‘(a) DEFINITION.—In this section, the term ‘State’ 
shall mean each of the 50 States of the United States. 
‘‘(b) ALLOCATION.—Of the amounts made available 
for each fiscal year under section 5338(a)(2)(N), the Sec-
retary shall apportion— 
‘‘(1) 50 percent to States and urbanized areas 
in accordance with subsection (c); and 
‘‘(2) 50 percent to States and urbanized areas 
in accordance with subsection (d). 
‘‘(c) GROWING STATE APPORTIONMENTS.— 
‘‘(1) APPORTIONMENT
AMONG
STATES.—The 
amounts apportioned under subsection (b)(1) shall 
provide each State with an amount equal to the total 
amount apportioned multiplied by a ratio equal to 
the population of that State forecast for the year 
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that is 15 years after the most recent decennial cen-
sus, divided by the total population of all States 
forecast for the year that is 15 years after the most 
recent decennial census. Such forecast shall be based 
on the population trend for each State between the 
most recent decennial census and the most recent 
estimate of population made by the Secretary of 
Commerce. 
‘‘(2) APPORTIONMENTS BETWEEN URBANIZED 
AREAS
AND
OTHER
THAN
URBANIZED
AREAS
IN 
EACH STATE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
apportion amounts to each State under para-
graph (1) so that urbanized areas in that State 
receive an amount equal to the amount appor-
tioned to that State multiplied by a ratio equal 
to the sum of the forecast population of all ur-
banized areas in that State divided by the total 
forecast population of that State. In making the 
apportionment 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 census. 
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‘‘(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 
each State under paragraph (2)(A) so that each ur-
banized area receives an amount equal to the 
amount apportioned under paragraph (2)(A) multi-
plied by a ratio equal to the population of each ur-
banized 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 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. 
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‘‘(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 
‘‘(ii) the total population of the State. 
‘‘(3) STATE
APPORTIONMENT
FACTOR.—For 
each State qualifying for an apportionment under 
paragraph (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 apportioned 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 
apportionment under paragraph (1). 
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‘‘(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 
paragraph (4) multiplied by a ratio equal to the pop-
ulation 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 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 ‘‘sec-
tions 5304, 5306, 5315, and 5322’’ and inserting 
‘‘section 5304’’; 
(4) in subsection (f)— 
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(A) in the heading, by striking ‘‘GOVERN-
MENT’S’’ and inserting ‘‘GOVERNMENT’’; and 
(B) by striking ‘‘Government’s’’ and in-
serting ‘‘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’’. 
(b) SECTION 5313.—Section 5313(a) of title 49, 
United States Code, is amended— 
(1) in the first sentence, by striking ‘‘sub-
sections (a)(5)(C)(iii) and (d)(1) of section 5338’’ 
and inserting section ‘‘5338(a)(2)(H)’’; and 
(2) in the second sentence, by striking ‘‘of 
Transportation’’. 
(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, 
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950 
Code of Federal Regulations (commonly known as the 
Federal Acquisition Regulation)’’ and inserting ‘‘the Fed-
eral Acquisition Regulation, or any successor thereto’’. 
(e) SECTION 5330.—Effective 3 years after the effec-
tive date of the final rules issued by the Secretary of 
Transportation 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. 
(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 in-
serting ‘‘Secretary’’; and 
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951 
(B) in paragraph (1), by striking ‘‘Com-
mittees on Transportation and Infrastructure 
and Appropriations of the House of Representa-
tives and the Committees on Banking, Housing, 
and Urban Affairs and Appropriations of the 
Senate’’ 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 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)— 
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952 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘of 
Transportation’’; 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 Ap-
propriations of the Senate and Committees on 
Transportation and Infrastructure and Appropria-
tions of the House of Representatives’’ and inserting 
‘‘Committee on Banking, Housing, and Urban Af-
fairs 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 Transpor-
tation’’. 
(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. 
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953 
‘‘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.] 
‘‘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 for-
mula factors. 
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DIVISION 
C—TRANSPORTATION 
SAFETY 
AND 
SURFACE 
TRANSPORTATION 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 Sec-
retary of Transportation. 
Subtitle A—Highway Safety 
SEC. 31101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) HIGHWAY
SAFETY
PROGRAMS.—For car-
rying 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. 
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(2) HIGHWAY SAFETY RESEARCH AND DEVEL-
OPMENT.—For carrying out section 403 of title 23, 
United States Code— 
(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. 
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(7) NATIONAL DRIVER REGISTER.—For the Na-
tional Highway Traffic Safety Administration to 
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
PRO-
GRAM.—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 admin-
istrative and related operating expenses of the Na-
tional Highway Traffic Safety Administration in car-
rying out chapter 4 of title 23, United States Code, 
and this subtitle— 
(A) $25,581,280 for fiscal year 2012; and 
(B) $25,862,674 for fiscal year 2013. 
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(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 
(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 oth-
erwise provided in chapter 4 of title 23, United States 
Code, in this subtitle, and in the amendments made by 
this subtitle, the amounts made available from the High-
way Trust Fund (other than the Mass Transit Account) 
for a program under such chapter— 
(1) shall only be used to carry out such pro-
gram; and 
(2) may not be used by States or local govern-
ments for construction purposes. 
(c) APPLICABILITY OF TITLE 23.—Except as other-
wise provided in chapter 4 of title 23, United States Code, 
and in this subtitle, amounts made available under sub-
section (a) for fiscal years 2012 and 2013 shall be avail-
able for obligation in the same manner as if such funds 
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958 
were apportioned 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. 
(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 ad-
ministration) 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 
planning or administration) without regard to whether 
such expenditures 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 Sec-
retary as the Secretary may require to ensure that 
the State will maintain its aggregate expenditures 
from all State and local sources for programs de-
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scribed in such sections at or above the average level 
of such expenditures in its 2 fiscal years preceding 
the date of enactment of this Act. 
(2) WAIVER.—Upon the request of a State, the 
Secretary may waive or modify the requirements 
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 para-
graph (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 re-
ceive a grant under this subtitle, a State shall submit an 
application, 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 
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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.— 
‘‘(1) IN GENERAL.—Each State shall have a 
highway safety program, approved by the Secretary, 
that is designed to reduce traffic accidents and the 
resulting deaths, injuries, and property damage. 
‘‘(2) UNIFORM
GUIDELINES.—Programs re-
quired under paragraph (1) shall comply with uni-
form guidelines, promulgated by the Secretary and 
expressed 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 
occupant protection devices (including the 
use of safety belts and child restraint sys-
tems) by occupants of motor vehicles; 
‘‘(iii) to reduce injuries and deaths re-
sulting from persons driving motor vehicles 
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while impaired by alcohol or a controlled 
substance; 
‘‘(iv) to prevent accidents and reduce 
injuries and deaths resulting from acci-
dents involving motor vehicles and motor-
cycles; 
‘‘(v) to reduce injuries and deaths re-
sulting from accidents involving school 
buses; 
‘‘(vi) to reduce accidents resulting 
from unsafe driving behavior (including ag-
gressive or fatigued driving and distracted 
driving arising from the use of electronic 
devices in vehicles); and 
‘‘(vii) to improve law enforcement 
services in motor vehicle accident preven-
tion, traffic supervision, and post-accident 
procedures; 
‘‘(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); 
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‘‘(C) improve pedestrian performance and 
bicycle safety; 
‘‘(D) include provisions for— 
‘‘(i) an effective record system of acci-
dents (including resulting injuries and 
deaths); 
‘‘(ii) accident investigations to deter-
mine the probable causes of accidents, in-
juries, 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.—Sec-
tion 402(b)(1) of title 23, United States Code, is amend-
ed— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); 
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(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) beginning on October 1, 2012, pro-
vide for a robust, data-driven traffic safety en-
forcement program to prevent traffic violations, 
crashes, and crash fatalities and injuries in 
areas most at risk for such incidents, to the 
satisfaction of the Secretary;’’; and 
(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— 
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(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)’’; 
(3) by striking ‘‘The Secretary shall not’’ and 
all that follows through ‘‘subsection, a highway safe-
ty program’’ and inserting ‘‘A highway safety pro-
gram’’; 
(4) by inserting ‘‘A State may use the funds 
apportioned 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 
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965 
approves the State’s highway safety program or de-
termines 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 correct its failure within such period, the 
Secretary shall reapportion the withheld funds to the 
other States in accordance with the formula speci-
fied in paragraph (2) not later than the last day of 
the fiscal year.’’. 
(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. 
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‘‘(2) DEMONSTRATION
PROJECTS.—A State 
may use funds made available to carry out this sec-
tion 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). 
(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 re-
quirements under this subsection not later than July 
1, 2012, and annually thereafter. 
‘‘(2) CONTENTS.—State highway safety plans 
submitted under paragraph (1) shall include— 
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‘‘(A) performance measures required by 
the Secretary or otherwise necessary to support 
additional 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 
to meet the performance targets described in 
subparagraph (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 
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‘‘(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 
Governor’s Highway Safety Association and safety 
experts if the Secretary makes revisions to the set 
of required 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 dis-
approve the plan. 
‘‘(B) APPROVALS AND DISAPPROVALS.— 
‘‘(i) APPROVALS.—The Secretary shall 
approve a State’s highway safety plan if 
the Secretary determines that— 
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‘‘(I) the plan is evidence-based 
and supported by data; 
‘‘(II) the performance targets are 
adequate; and 
‘‘(III) the plan, once imple-
mented, will allow the State to meet 
such targets. 
‘‘(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 
‘‘(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. 
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‘‘(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 
contained 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 
consultation with the State, shall take such ac-
tion as may be necessary to bring the State’s 
plan into compliance with the performance tar-
gets. 
‘‘(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.— 
Section 402 of title 23, United States Code, as amended 
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by this section, is further amended by adding at the end 
the following: 
‘‘(l) COOPERATIVE RESEARCH AND EVALUATION.— 
‘‘(1) ESTABLISHMENT
AND
FUNDING.—Not-
withstanding the apportionment formula set forth in 
subsection (c)(2), $2,500,000 of the total amount 
available for apportionment to the States for high-
way safety 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 cooperative research and evaluation program to re-
search and evaluate priority highway safety counter-
measures. 
‘‘(2) ADMINISTRATION.—The program estab-
lished 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 sec-
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has 1 or more features that correspond closely with the 
features of another existing or former motor carrier, em-
ployer, or owner or operator, such as— 
‘‘(1) consideration paid for assets purchased or 
transferred; 
‘‘(2) dates of corporate creation and dissolution 
or termination of operations; 
‘‘(3) commonality of ownership; 
‘‘(4) commonality of officers and management 
personnel and their functions; 
‘‘(5) commonality of drivers and other employ-
ees; 
‘‘(6) identity of physical or mailing addresses, 
telephone, fax numbers, or e-mail addresses; 
‘‘(7) identity of motor vehicle equipment; 
‘‘(8) continuity of liability insurance policies; 
‘‘(9) commonality of coverage under liability in-
surance policies; 
‘‘(10) continuation of carrier facilities and other 
physical assets; 
‘‘(11) continuity of the nature and scope of op-
erations, including customers; 
‘‘(12) commonality of the nature and scope of 
operations, including customers; 
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1148 
requirements under title 49, Code of Federal Regu-
lations. 
‘‘(2) APPLICABILITY
OF
EXISTING
REQUIRE-
MENTS.—Each employer and service agent shall 
comply with the alcohol and controlled substances 
testing requirements under title 49, Code of Federal 
Regulations. 
‘‘(3) EMPLOYMENT PROHIBITIONS.—Beginning 
30 days after the date that the clearinghouse is es-
tablished under subsection (a), an employer shall not 
hire an individual to operate a commercial motor ve-
hicle unless the employer determines that the indi-
vidual, during the preceding 3-year period— 
‘‘(A) if tested for the use of alcohol and 
controlled substances, as required under title 
49, Code of Federal Regulations— 
‘‘(i) did not test positive for the use of 
alcohol or controlled substances in violation 
of the regulations; or 
‘‘(ii) tested positive for the use of al-
cohol or controlled substances and com-
pleted the required return-to-duty process 
under title 49, Code of Federal Regula-
tions; 
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