H. R. 4348—436 
SEC. 33014. MOTOR CARRIER SAFETY PERMITS. 
(a) REVIEW.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall conduct a study of, and transmit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report on, the implementation 
of the hazardous material safety permit program under section 
5109 of title 49, United States Code. In conducting the study, 
the Secretary shall review, at a minimum— 
(1) the list of hazardous materials requiring a safety permit; 
(2) the number of permits that have been issued, denied, 
revoked, or suspended since inception of the program and the 
number of commercial motor carriers that have never had 
a permit denied, revoked, or suspended since inception of the 
program; 
(3) the reasons for such denials, revocations, or suspensions; 
(4) the criteria used by the Federal Motor Carrier Safety 
Administration to determine whether a hazardous material 
safety permit issued by a State is equivalent to the Federal 
permit; and 
(5) actions the Secretary could implement to improve the 
program, including whether to provide opportunities for an 
additional level of fitness review prior to the denial, revocation, 
or suspension of a safety permit. 
(b) ACTIONS TAKEN.—Not later than 2 years after the date 
of enactment of this Act, based on the study conducted under 
subsection (a), the Secretary shall either institute a rulemaking 
to make any necessary improvements to the hazardous materials 
safety permit program under section 5109 of title 49, United States 
Code or publish in the Federal Register the Secretary’s justification 
for why a rulemaking is not necessary. 
SEC. 33015. WETLINES. 
(a) EVALUATION.—Not later than 1 year after the date of enact-
ment of this Act, the United States Government Accountability 
Office shall evaluate, and transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives, 
a report on the safety of transporting flammable liquids in the 
external product piping of cargo tank motor vehicles (commonly 
referred to as wetlines). The evaluation shall— 
(1) review the safety of transporting flammable liquids 
in the external product piping of cargo tank motor vehicles; 
(2) accurately quantify the number of incidents involving 
the transportation of flammable liquids in external product 
piping of cargo tank motor vehicles; 
(3) identify various alternatives to loading, transporting, 
and unloading flammable liquids in such piping; 
(4) examine the costs and benefits of each alternative; 
and 
(5) identify any obstacles to implementing each alternative. 
(b) REGULATIONS.—The Secretary may not issue a final rule 
regarding transporting flammable liquids in the external product 
piping of cargo tank motor vehicles prior to completion of the 
evaluation conducted under subsection (a), or 2 years after the 
date of enactment of this Act, whichever is earlier, unless the 
Secretary determines that a risk to public safety, property, or
H. R. 4348—437 
the environment is present or an imminent hazard (as defined 
in section 5102 of title 49, United States Code) exists and that 
the regulations will address the risk or hazard. 
SEC. 33016. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND 
GRANTS. 
Section 5107(e)(2) is amended— 
(1) by inserting ‘‘through a competitive process’’ between 
‘‘made’’ and ‘‘to’’; and 
(2) by striking ‘‘hazmat employee’’. 
SEC. 33017. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 is amended to read as follows: 
‘‘§ 5128. Authorization of appropriations 
‘‘(a) IN GENERAL.—There are authorized to be appropriated 
to the Secretary to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119)— 
‘‘(1) $42,338,000 for fiscal year 2013; and 
‘‘(2) $42,762,000 for fiscal year 2014. 
‘‘(b) 
HAZARDOUS
MATERIALS
EMERGENCY
PREPAREDNESS 
FUND.—From the Hazardous Materials Emergency Preparedness 
Fund established under section 5116(i), the Secretary may expend, 
during each of fiscal years 2013 and 2014— 
‘‘(1) $188,000 to carry out section 5115; 
‘‘(2) $21,800,000 to carry out subsections (a) and (b) of 
section 5116, of which not less than $13,650,000 shall be avail-
able to carry out section 5116(b); 
‘‘(3) $150,000 to carry out section 5116(f); 
‘‘(4) $625,000 to publish and distribute the Emergency 
Response Guidebook under section 5116(i)(3); and 
‘‘(5) $1,000,000 to carry out section 5116(j). 
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.—From the Haz-
ardous Materials Emergency Preparedness Fund established pursu-
ant to section 5116(i), the Secretary may expend $4,000,000 for 
each of the fiscal years 2013 and 2014 to carry out section 5107(e). 
‘‘(d) CREDITS TO APPROPRIATIONS.— 
‘‘(1) EXPENSES.—In addition to amounts otherwise made 
available to carry out this chapter, the Secretary may credit 
amounts received from a State, Indian tribe, or other public 
authority or private entity for expenses the Secretary incurs 
in providing training to the State, authority, or entity. 
‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts made available 
under this section shall remain available until expended.’’. 
TITLE IV—SPORT FISH RESTORATION 
AND RECREATIONAL BOATING SAFE-
TY ACT OF 2012 
SEC. 34001. SHORT TITLE. 
This title may be cited as the ‘‘Sport Fish Restoration and 
Recreational Boating Safety Act of 2012’’.
H. R. 4348—438 
SEC. 34002. AMENDMENT OF FEDERAL AID IN SPORT FISH RESTORA-
TION ACT. 
Section 4 of the Federal Aid in Fish Restoration Act (16 U.S.C. 
777c) is amended— 
(1) in subsection (a), by striking ‘‘of fiscal years 2006 
through 2011 and for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting ‘‘fiscal year 
through 2014,’’; and 
(2) in subsection (b)(1)(A), by striking ‘‘of fiscal years 2006 
through 2011 and for the period beginning on October 1, 2011, 
and ending on March 31, 2012,’’ and inserting ‘‘fiscal year 
through 2014,’’. 
TITLE V—MISCELLANEOUS 
SEC. 35001. OVERFLIGHTS IN GRAND CANYON NATIONAL PARK. 
(a) DETERMINATIONS WITH RESPECT TO SUBSTANTIAL RESTORA-
TION OF NATURAL QUIET AND EXPERIENCE.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, for purposes of section 3(b)(1) of Public Law 100–91 (16 
U.S.C. 1a–1 note), the substantial restoration of the natural 
quiet and experience of the Grand Canyon National Park (in 
this section referred to as the ‘‘Park’’) shall be considered to 
be achieved in the Park if, for at least 75 percent of each 
day, 50 percent of the Park is free of sound produced by 
commercial air tour operations that have an allocation to con-
duct commercial air tours in the Park as of the date of enact-
ment of this Act. 
(2) CONSIDERATIONS.— 
(A) IN GENERAL.—For purposes of determining whether 
substantial restoration of the natural quiet and experience 
of the Park has been achieved in accordance with para-
graph (1), the Secretary of the Interior (in this section 
referred to as the ‘‘Secretary’’) shall use— 
(i) the 2-zone system for the Park in effect on 
the date of enactment of this Act to assess impacts 
relating to substantial restoration of natural quiet at 
the Park, including— 
(I) the thresholds for noticeability and audi-
bility; and 
(II) the distribution of land between the 2 
zones; and 
(ii) noise modeling science that is— 
(I) developed for use at the Park, specifically 
Integrated Noise Model Version 6.2; 
(II) validated by reasonable standards for con-
ducting field observations of model results; and 
(III) accepted and validated by the Federal 
Interagency Committee on Aviation Noise. 
(B) SOUND FROM OTHER SOURCES.—The Secretary shall 
not consider sound produced by sources other than commer-
cial air tour operations, including sound emitted by other 
types of aircraft operations or other noise sources, for pur-
poses of—
H. R. 4348—439 
(i) making recommendations, developing a final 
plan, or issuing regulations relating to commercial air 
tour operations in the Park; or 
(ii) determining under paragraph (1) whether 
substantial restoration of the natural quiet and experi-
ence of the Park has been achieved. 
(3) CONTINUED MONITORING.—The Secretary shall continue 
monitoring noise from aircraft operating over the Park below 
17,999 feet MSL to ensure continued compliance with the 
substantial restoration of natural quiet and experience of the 
Park. 
(4) DAY DEFINED.—For purposes of this section, the term 
‘‘day’’ means the hours between 7:00 a.m. and 7:00 p.m. 
(b) CONVERSION TO QUIET TECHNOLOGY AIRCRAFT.— 
(1) IN GENERAL.—Not later than 15 years after the date 
of enactment of this Act, all commercial air tour aircraft oper-
ating in the Grand Canyon National Park Special Flight Rules 
Area shall be required to fully convert to quiet aircraft tech-
nology (as determined in accordance with regulations in effect 
on the day before the date of enactment of this Act). 
(2) CONVERSION INCENTIVES.—Not later than 60 days after 
the date of enactment of this Act, the Secretary and the 
Administrator of the Federal Aviation Administration shall pro-
vide incentives for commercial air tour operators that convert 
to quiet aircraft technology (as determined in accordance with 
the regulations in effect on the day before the date of enactment 
of this Act) before the date specified in paragraph (1), such 
as increasing the flight allocations for such operators on a 
net basis consistent with section 804(c) of the National Park 
Air Tours Management Act of 2000 (title VIII of Public Law 
106–181), provided that the cumulative impact of such oper-
ations does not increase noise at Grand Canyon National Park. 
SEC. 35002. COMMERCIAL AIR TOUR OPERATIONS. 
Section 40128(b)(1)(C) of title 49, United States Code, is 
amended to read as follows: 
‘‘(C) EXCEPTION.—An application to begin or expand 
commercial air tour operations at Crater Lake National 
Park or Great Smoky Mountains National Park may be 
denied without the establishment of an air tour manage-
ment plan by the Director of the National Park Service 
if the Director determines that such operations would 
adversely affect park resources or visitor experiences.’’. 
SEC. 35003. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS. 
Section 40125 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(d) SEARCH AND RESCUE PURPOSES.—An aircraft described in 
section 40102(a)(41)(D) that is not exclusively leased for at least 
90 continuous days by the government of a State, the District 
of Columbia, or a territory or possession of the United States 
or a political subdivision of 1 of those governments, qualifies as 
a public aircraft if the Administrator determines that— 
‘‘(1) there are extraordinary circumstances; 
‘‘(2) the aircraft will be used for the performance of search 
and rescue missions; 
‘‘(3) a community would not otherwise have access to search 
and rescue services; and
H. R. 4348—440 
‘‘(4) a government entity demonstrates that granting the 
waiver is necessary to prevent an undue economic burden on 
that government.’’. 
DIVISION D—FINANCE 
SEC. 40001. SHORT TITLE. 
This division may be cited as the ‘‘Highway Investment, Job 
Creation, and Economic Growth Act of 2012’’. 
TITLE 
I—EXTENSION 
OF 
HIGHWAY 
TRUST FUND EXPENDITURE AUTHOR-
ITY AND RELATED TAXES 
SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the Internal Rev-
enue Code of 1986 is amended— 
(1) by striking ‘‘July 1, 2012’’ in subsections (b)(6)(B), (c)(1), 
and (e)(3) and inserting ‘‘October 1, 2014’’, and 
(2) by striking ‘‘Surface Transportation Extension Act of 
2012’’ in subsections (c)(1) and (e)(3) and inserting ‘‘MAP-21’’. 
(b) SPORT FISH RESTORATION
AND BOATING TRUST FUND.— 
Section 9504 of the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘Surface Transportation Extension Act of 
2012’’ each place it appears in subsection (b)(2) and inserting 
‘‘MAP-21’’, and 
(2) by striking ‘‘July 1, 2012’’ in subsection (d)(2) and 
inserting ‘‘October 1, 2014’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST FUND.— 
Paragraph (2) of section 9508(e) of the Internal Revenue Code 
of 1986 is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October 
1, 2014’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on July 1, 2012. 
SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the Internal Revenue 
Code of 1986 is amended by striking ‘‘June 30, 2012’’ and 
inserting ‘‘September 30, 2016’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1). 
(2) Each of the following provisions of such Code is amended 
by striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION
OF TAX, ETC., ON USE
OF CERTAIN HEAVY 
VEHICLES.— 
(1) IN GENERAL.—Each of the following provisions of the 
Internal Revenue Code of 1986 is amended by striking ‘‘2013’’ 
each place it appears and inserting ‘‘2017’’:
H. R. 4348—445 
‘‘(III) a table which shows (determined both 
with and without regard to section 303(h)(2)(C)(iv)) 
the funding target attainment percentage (as 
defined in section 303(d)(2)), the funding shortfall 
(as defined in section 303(c)(4)), and the minimum 
required contribution (as determined under section 
303), for the applicable plan year and each of 
the 2 preceding plan years. 
‘‘(ii) APPLICABLE PLAN YEAR.—For purposes of this 
subparagraph, the term ‘applicable plan year’ means 
any plan year beginning after December 31, 2011, and 
before January 1, 2015, for which— 
‘‘(I) the funding target (as defined in section 
303(d)(2)) is less than 95 percent of such funding 
target determined without regard to section 
303(h)(2)(C)(iv), 
‘‘(II) the plan has a funding shortfall (as 
defined in section 303(c)(4) and determined with-
out regard to section 303(h)(2)(C)(iv)) greater than 
$500,000, and 
‘‘(III) the plan had 50 or more participants 
on any day during the preceding plan year. 
For purposes of any determination under subclause 
(III), the aggregation rule under the last sentence of 
section 303(g)(2)(B) shall apply. 
‘‘(iii) SPECIAL
RULE
FOR
PLAN
YEARS
BEGINNING 
BEFORE 2012.—In the case of a preceding plan year 
referred to in clause (i)(III) which begins before 
January 1, 2012, the information described in such 
clause shall be provided only without regard to section 
303(h)(2)(C)(iv).’’. 
(B) MODEL
NOTICE.—The Secretary of Labor shall 
modify the model notice required to be published under 
section 501(c) of the Pension Protection Act of 2006 to 
prominently include the information described in section 
101(f)(2)(D) of the Employee Retirement Income Security 
Act of 1974, as added by this paragraph. 
(3) CONFORMING AMENDMENTS.— 
(A) Subparagraph (F) of section 303(h)(2) of such Act 
(29 U.S.C. 1083(h)(2)) is amended by inserting ‘‘and the 
averages determined under subparagraph (C)(iv)’’ after 
‘‘subparagraph (C)’’. 
(B) Clauses (ii) and (iii) of section 205(g)(3)(B) of such 
Act (29 U.S.C. 1055(g)(3)(B)) are each amended by striking 
‘‘section 303(h)(2)(C)’’ and inserting ‘‘section 303(h)(2)(C) 
(determined by not taking into account any adjustment 
under clause (iv) thereof)’’. 
(C) Clause (iv) of section 4006(a)(3)(E) of such Act 
(29 U.S.C. 1306(a)(3)(E)) is amended by striking ‘‘section 
303(h)(2)(C)’’ and inserting ‘‘section 303(h)(2)(C) (notwith-
standing any regulations issued by the corporation, deter-
mined by not taking into account any adjustment under 
clause (iv) thereof)’’. 
(D) Section 4010(d) of such Act (29 U.S.C. 1310(d)) 
is amended by adding at the end the following: 
‘‘(3) PENSION STABILIZATION DISREGARDED.—For purposes 
of this section, the segment rates used in determining the
H. R. 4348—446 
funding target and funding target attainment percentage shall 
be determined by not taking into account any adjustment under 
section 302(h)((2)(C)(iv).’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall apply with respect to plan years beginning after December 
31, 2011. 
(2) RULES WITH RESPECT TO ELECTIONS.— 
(A) ADJUSTED FUNDING TARGET ATTAINMENT PERCENT-
AGE.—A plan sponsor may elect not to have the amend-
ments made by this section apply to any plan year begin-
ning before January 1, 2013, either (as specified in the 
election)— 
(i) for all purposes for which such amendments 
apply, or 
(ii) solely for purposes of determining the adjusted 
funding target attainment percentage under sections 
436 of the Internal Revenue Code of 1986 and 206(g) 
of the Employee Retirement Income Security Act of 
1974 for such plan year. 
A plan shall not be treated as failing to meet the require-
ments of sections 204(g) of such Act and 411(d)(6) of such 
Code solely by reason of an election under this paragraph. 
(B) OPT OUT OF EXISTING ELECTIONS.—If, on the date 
of the enactment of this Act, an election is in effect with 
respect to any plan under sections 303(h)((2)(D)(ii) of the 
Employee Retirement Income Security Act of 1974 and 
430(h)((2)(D)(ii) of the Internal Revenue Code of 1986, then, 
notwithstanding the last sentence of each such section, 
the plan sponsor may revoke such election without the 
consent of the Secretary of the Treasury. The plan sponsor 
may make such revocation at any time before the date 
which is 1 year after such date of enactment and such 
revocation shall be effective for the 1st plan year to which 
the amendments made by this section apply and all subse-
quent plan years. Nothing in this subparagraph shall pre-
clude a plan sponsor from making a subsequent election 
in accordance with such sections. 
PART II—PBGC PREMIUMS 
SEC. 40221. SINGLE EMPLOYER PLAN ANNUAL PREMIUM RATES. 
(a) FLAT-RATE PREMIUM.— 
(1) IN GENERAL.—Clause (i) of section 4006(a)(3)(A) of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1306(a)(3)(A)) is amended to read as follows: 
‘‘(i) in the case of a single-employer plan, an amount for 
each individual who is a participant in such plan during the 
plan year equal to the sum of the additional premium (if 
any) determined under subparagraph (E) and— 
‘‘(I) for plan years beginning after December 31, 2005, 
and before January 1, 2013, $30; 
‘‘(II) for plan years beginning after December 31, 2012, 
and before January 1, 2014, $42; and 
‘‘(III) for plan years beginning after December 31, 2013, 
$49.’’.
H. R. 4348—447 
(2) ADJUSTMENT FOR INFLATION.—Subparagraph (F) of sec-
tion 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended— 
(A) in clause (i)(II), by inserting ‘‘(2012 in the case 
of plan years beginning after calendar year 2014)’’ after 
‘‘2004’’; and 
(B) by adding at the end the following new sentence: 
‘‘This subparagraph shall not apply to plan years beginning 
in 2013 or 2014.’’. 
(b) VARIABLE-RATE PREMIUM.— 
(1) IN GENERAL.—Subparagraph (E)(ii) of section 4006(a)(3) 
of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1306(a)(3)) is amended by striking ‘‘$9.00’’ and inserting 
‘‘the applicable dollar amount under paragraph (8)’’. 
(2) APPLICABLE DOLLAR AMOUNT.—Section 4006(a) of such 
Act (29 U.S.C. 1306(a)) is amended by adding at the end the 
following: 
‘‘(8) APPLICABLE DOLLAR AMOUNT FOR VARIABLE RATE PRE-
MIUM.—For purposes of paragraph (3)(E)(ii)— 
‘‘(A) IN
GENERAL.—Except as provided in subpara-
graphs (B) and (C), the applicable dollar amount shall 
be— 
‘‘(i) $9 for plan years beginning in a calendar year 
before 2015; 
‘‘(ii) for plan years beginning in calendar year 2015, 
the amount in effect for plan years beginning in 2014 
(determined after application of subparagraph (C)); and 
‘‘(iii) for plan years beginning after calendar year 
2015, the amount in effect for plan years beginning 
in 2015 (determined after application of subparagraph 
(C)). 
‘‘(B) ADJUSTMENT FOR INFLATION.—For each plan year 
beginning in a calendar year after 2012, there shall be 
substituted for the applicable dollar amount specified under 
subparagraph (A) an amount equal to the greater of— 
‘‘(i) the product derived by multiplying such 
applicable dollar amount for plan years beginning in 
that calendar year by the ratio of— 
‘‘(I) the national average wage index (as 
defined in section 209(k)(1) of the Social Security 
Act) for the first of the 2 calendar years preceding 
the calendar year in which such plan year begins, 
to 
‘‘(II) the national average wage index (as so 
defined) for the base year; and 
‘‘(ii) such applicable dollar amount in effect for 
plan years beginning in the preceding calendar year. 
If the amount determined under this subparagraph is not 
a multiple of $1, such product shall be rounded to the 
nearest multiple of $1. 
‘‘(C) ADDITIONAL
INCREASE
IN
2014
AND
2015.—The 
applicable dollar amount determined under subparagraph 
(A) (after the application of subparagraph (B)) shall be 
increased— 
‘‘(i) in the case of plan years beginning in calendar 
year 2014, by $4; and 
‘‘(ii) in the case of plan years beginning in calendar 
year 2015, by $5.
H. R. 4348—448 
‘‘(D) BASE YEAR.—For purposes of subparagraph (B), 
the base year is— 
‘‘(i) 2010, in the case of plan years beginning in 
calendar year 2013 or 2014; 
‘‘(ii) 2012, in the case of plan years beginning 
in calendar year 2015; and 
‘‘(iii) 2013, in the case of plan years beginning 
after calendar year 2015.’’. 
(3) CAP.— 
(A) IN
GENERAL.—Subparagraph (E)(i) of section 
4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended 
by striking ‘‘for any plan year shall be’’ and all that follows 
through the end and inserting the following ‘‘for any plan 
year— 
‘‘(I) shall be an amount equal to the amount determined 
under clause (ii) divided by the number of participants in 
such plan as of the close of the preceding plan year; and 
‘‘(II) in the case of plan years beginning in a calendar 
year after 2012, shall not exceed $400.’’. 
(B) ADJUSTMENT FOR INFLATION.—Paragraph (3) of sec-
tion 4006(a) of such Act (29 U.S.C. 1306(a)(3)), as amended 
by this Act, is amended by adding at the end the following: 
‘‘(J) For each plan year beginning in a calendar year after 
2013, there shall be substituted for the dollar amount specified 
in subclause (II) of subparagraph (E)(i) an amount equal to the 
greater of— 
‘‘(i) the product derived by multiplying such dollar amount 
by the ratio of— 
‘‘(I) the national average wage index (as defined in 
section 209(k)(1) of the Social Security Act) for the first 
of the 2 calendar years preceding the calendar year in 
which such plan year begins, to 
‘‘(II) the national average wage index (as so defined) 
for 2011; and 
‘‘(ii) such dollar amount for plan years beginning in the 
preceding calendar year. 
If the amount determined under this subparagraph is not a multiple 
of $1, such product shall be rounded to the nearest multiple of 
$1.’’. 
SEC. 40222. MULTIEMPLOYER ANNUAL PREMIUM RATES. 
(a) IN GENERAL.—Subparagraph (A) of section 4006(a)(3) of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1306(a)(3)) is amended— 
(1) by inserting ‘‘and before January 1, 2013,’’ after 
‘‘December 31, 2005,’’ in clause (iv), 
(2) by striking ‘‘or’’ at the end of clause (iii), 
(3) by striking the period at the end of clause (iv) and 
inserting ‘‘, or’’, and 
(4) by adding at the end the following new clause: 
‘‘(v) in the case of a multiemployer plan, for plan years 
beginning after December 31, 2012, $12.00 for each individual 
who is a participant in such plan during the applicable plan 
year.’’. 
(b) INFLATION ADJUSTMENT.—Paragraph (3) of section 4006(a) 
of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1306(a)(3)) is amended by adding at the end the following:
H. R. 4348—449 
‘‘(I) For each plan year beginning in a calendar year after 
2013, there shall be substituted for the premium rate specified 
in clause (v) of subparagraph (A) an amount equal to the greater 
of— 
‘‘(i) the product derived by multiplying the premium rate 
specified in clause (v) of subparagraph (A) by the ratio of— 
‘‘(I) the national average wage index (as defined in 
section 209(k)(1) of the Social Security Act) for the first 
of the 2 calendar years preceding the calendar year in 
which such plan year begins, to 
‘‘(II) the national average wage index (as so defined) 
for 2011; and 
‘‘(ii) the premium rate in effect under clause (v) of subpara-
graph (A) for plan years beginning in the preceding calendar 
year. 
If the amount determined under this subparagraph is not a multiple 
of $1, such product shall be rounded to the nearest multiple of 
$1.’’. 
PART III—IMPROVEMENTS OF PBGC 
SEC. 40231. PENSION BENEFIT GUARANTY CORPORATION GOVERN-
ANCE IMPROVEMENT. 
(a) BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY 
CORPORATION.— 
(1) IN GENERAL.—Section 4002(d) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1302(d)) is 
amended— 
(A) by striking ‘‘(d) The board of directors’’ and 
inserting ‘‘(d)(1) The board of directors’’; and 
(B) by adding at the end the following: 
‘‘(2) A majority of the members of the board of directors in 
office shall constitute a quorum for the transaction of business. 
The vote of the majority of the members present and voting at 
a meeting at which a quorum is present shall be the act of the 
board of directors. 
‘‘(3) Each member of the board of directors shall designate 
in writing an official, not below the level of Assistant Secretary, 
to serve as the voting representative of such member on the board. 
Such designation shall be effective until revoked or until a date 
or event specified therein. Any such representative may refer for 
board action any matter under consideration by the designating 
board member, but such representative shall not count toward 
establishment of a quorum as described under paragraph (2). 
‘‘(4) The Inspector General of the corporation shall report to 
the board of directors, and not less than twice a year, shall attend 
a meeting of the board of directors to provide a report on the 
activities and findings of the Inspector General, including with 
respect to monitoring and review of the operations of the corpora-
tion. 
‘‘(5) The General Counsel of the corporation shall— 
‘‘(A) serve as the secretary to the board of directors, and 
advise such board as needed; and 
‘‘(B) have overall responsibility for all legal matters 
affecting the corporation and provide the corporation with legal 
advice and opinions on all matters of law affecting the corpora-
tion, except that the authority of the General Counsel shall
H. R. 4348—450 
not extend to the Office of Inspector General and the inde-
pendent legal counsel of such Office. 
‘‘(6) Notwithstanding any other provision of this Act, the Office 
of Inspector General and the legal counsel of such Office are inde-
pendent of the management of the corporation and the General 
Counsel of the corporation. 
‘‘(7) The board of directors may appoint and fix the compensa-
tion of employees as may be required to enable the board of directors 
to perform its duties. The board of directors shall determine the 
qualifications and duties of such employees and may appoint and 
fix the compensation of experts and consultants in accordance with 
the provisions of section 3109 of title 5, United States Code.’’. 
(2) NUMBER OF MEETINGS; PUBLIC AVAILABILITY.—Section 
4002(e) of such Act (29 U.S.C. 1302(e)) is amended— 
(A) by striking ‘‘The board’’ and inserting ‘‘(1) The 
board’’; 
(B) by striking ‘‘the corporation.’’ and inserting ‘‘the 
corporation, but in no case less than 4 times a year with 
not fewer than 2 members present. Not less than 1 meeting 
of the board of directors during each year shall be a joint 
meeting with the advisory committee under subsection 
(h).’’; and 
(C) by adding at the end the following: 
‘‘(2)(A) Except as provided in subparagraph (B), the chairman 
of the board of directors shall make available to the public the 
minutes from each meeting of the board of directors. 
‘‘(B) The minutes of a meeting of the board of directors, or 
a portion thereof, shall not be subject to disclosure under subpara-
graph (A) if the chairman reasonably determines that such minutes, 
or portion thereof, contain confidential employer information 
including information obtained under section 4010, information 
about the investment activities of the corporation, or information 
regarding personnel decisions of the corporation. 
‘‘(C) The minutes of a meeting, or portion of thereof, exempt 
from disclosure pursuant to subparagraph (B) shall be exempt from 
disclosure under section 552(b) of title 5, United States Code. For 
purposes of such section 552, this subparagraph shall be considered 
a statute described in subsection (b)(3) of such section 552.’’. 
(3) ADVISORY COMMITTEE.— 
(A) ISSUES CONSIDERED BY THE COMMITTEE.—Section 
4002(h)(1) of such Act (29 U.S.C. 1302(h)(1)) is amended— 
(i) by striking ‘‘, and (D)’’ and inserting ‘‘, (D)’’; 
and 
(ii) by striking ‘‘time to time.’’ and inserting ‘‘time 
to time, and (E) other issues as determined appropriate 
by the advisory committee.’’. 
(B) JOINT
MEETING.—Section 4002(h)(3) of such Act 
(29 U.S.C. 1302(h)(3)) is amended by adding at the end 
the following: ‘‘Not less than 1 meeting of the advisory 
committee during each year shall be a joint meeting with 
the board of directors under subsection (e).’’. 
(b) AVOIDING CONFLICTS OF INTEREST.—Section 4002 of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302) 
is amended by adding at the end the following: 
‘‘(j) CONFLICTS OF INTEREST.— 
‘‘(1) IN GENERAL.—The Director of the corporation and each 
member of the board of directors shall not participate in a
H. R. 4348—451 
decision of the corporation in which the Director or such 
member has a direct financial interest. The Director of the 
corporation shall not participate in any activities that would 
present a potential conflict of interest or appearance of a conflict 
of interest without approval of the board of directors. 
‘‘(2) ESTABLISHMENT
OF
POLICY.—The board of directors 
shall establish a policy that will inform the identification of 
potential conflicts of interests of the members of the board 
of directors and mitigate perceived conflicts of interest of such 
members and the Director of the corporation.’’. 
(c) RISK MITIGATION.—Section 4002 of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1302), as amended by 
subsection (b), is further amended by adding at the end the fol-
lowing: 
‘‘(k) RISK MANAGEMENT OFFICER.—The corporation shall have 
a risk management officer whose duties include evaluating and 
mitigating the risk that the corporation might experience. The 
individual in such position shall coordinate the risk management 
efforts of the corporation, explain risks and controls to senior 
management and the board of directors of the corporation, and 
make recommendations.’’. 
(d) DIRECTOR.—Section 4002(c) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1302(c)) is amended to 
read as follows: 
‘‘(c) The Director shall be accountable to the board of directors. 
The Director shall serve for a term of 5 years unless removed 
by the President or the board of directors before the expiration 
of such 5-year term.’’. 
(e) SENSES OF CONGRESS.— 
(1) FORMATION OF COMMITTEES.—It is the sense of Congress 
that the board of directors of the Pension Benefit Guaranty 
Corporation established under section 4002 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1302), as 
amended by this section, should form committees, including 
an audit committee and an investment committee composed 
of not less than 2 members, to enhance the overall effectiveness 
of the board of directors. 
(2) ADVISORY COMMITTEE.—It is the sense of Congress that 
the advisory committee to the Pension Benefit Guaranty Cor-
poration established under section 4002 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1302), as amended 
by this section, should provide to the board of directors of 
such corporation policy recommendations regarding changes 
to the law that would be beneficial to the corporation or the 
voluntary private pension system. 
(f) STUDY REGARDING GOVERNANCE STRUCTURES.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Pension Benefit Guaranty Corpora-
tion shall enter into a contract with the National Academy 
of Public Administration to conduct the study described in 
paragraph (2) with respect to the Pension Benefit Guaranty 
Corporation. 
(2) CONTENT OF STUDY.—The study conducted under para-
graph (1) shall include— 
(A) a review of the governance structures of govern-
mental and nongovernmental organizations that are analo-
gous to the Pension Benefit Guaranty Corporation; and
H. R. 4348—452 
(B) recommendations regarding— 
(i) the ideal size and composition of the board 
of directors of the Pension Benefit Guaranty Corpora-
tion; 
(ii) procedures to select and remove members of 
such board; 
(iii) qualifications and term lengths of members 
of such board; and 
(iv) policies necessary to enhance Congressional 
oversight and transparency of such board and to miti-
gate potential conflicts of interest of the members of 
such board. 
(3) SUBMISSION TO CONGRESS.—Not later than 1 year after 
the initiation of the study under paragraph (1), the National 
Academy of Public Administration shall submit the results 
of the study to the Committees on Health, Education, Labor, 
and Pensions and Finance of the Senate and the Committees 
on Education and the Workforce and Ways and Means of the 
House of Representatives. 
SEC. 40232. PARTICIPANT AND PLAN SPONSOR ADVOCATE. 
(a) IN GENERAL.—Title IV of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1301 et seq.) is amended by inserting 
after section 4003 the following: 
‘‘SEC. 4004. PARTICIPANT AND PLAN SPONSOR ADVOCATE. 
‘‘(a) IN GENERAL.—The board of directors of the corporation 
shall select a Participant and Plan Sponsor Advocate from the 
candidates nominated by the advisory committee to the corporation 
under section 4002(h)(1) and without regard to the provisions of 
title 5, United States Code, relating to appointments in the competi-
tive service or Senior Executive Service. 
‘‘(b) DUTIES.—The Participant and Plan Sponsor Advocate 
shall— 
‘‘(1) act as a liaison between the corporation, sponsors 
of defined benefit pension plans insured by the corporation, 
and participants in pension plans trusteed by the corporation; 
‘‘(2) advocate for the full attainment of the rights of partici-
pants in plans trusteed by the corporation; 
‘‘(3) assist pension plan sponsors and participants in 
resolving disputes with the corporation; 
‘‘(4) identify areas in which participants and plan sponsors 
have persistent problems in dealings with the corporation; 
‘‘(5) to the extent possible, propose changes in the adminis-
trative practices of the corporation to mitigate problems; 
‘‘(6) identify potential legislative changes which may be 
appropriate to mitigate problems; and 
‘‘(7) refer instances of fraud, waste, and abuse, and viola-
tions of law to the Office of the Inspector General of the 
corporation. 
‘‘(c) REMOVAL.—If the Participant and Plan Sponsor Advocate 
is removed from office or is transferred to another position or 
location within the corporation or the Department of Labor, the 
board of the directors of the corporation shall communicate in 
writing the reasons for any such removal or transfer to Congress 
not less than 30 days before the removal or transfer. Nothing 
in this subsection shall prohibit a personnel action otherwise 
authorized by law, other than transfer or removal.
H. R. 4348—453 
‘‘(d) COMPENSATION.—The annual rate of basic pay for the 
Participant and Plan Sponsor Advocate shall be the same rate 
as the highest rate of basic pay established for the Senior Executive 
Service under section 5382 of title 5, United States Code, or, if 
the board of directors of the corporation so determines, at a rate 
fixed under section 9503 of such title. 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than December 31 of each 
calendar year, the Participant and Plan Sponsor Advocate shall 
report to the Health, Education, Labor, and Pensions Com-
mittee of the Senate, the Committee on Finance of the Senate, 
the Committee on Education and the Workforce of the House 
of Representatives, and the Committee on Ways and Means 
of the House of Representatives on the activities of the Office 
of the Participant and Plan Sponsor Advocate during the fiscal 
year ending during such calendar year. 
‘‘(2) CONTENT.—Each report submitted under paragraph 
(1) shall— 
‘‘(A) summarize the assistance requests received from 
participants and plan sponsors and describe the activities, 
and evaluate the effectiveness, of the Participant and Plan 
Sponsor Advocate during the preceding year; 
‘‘(B) identify significant problems the Participant and 
Plan Sponsor Advocate has identified; 
‘‘(C) include specific legislative and regulatory changes 
to address the problems; and 
‘‘(D) identify any actions taken to correct problems 
identified in any previous report. 
‘‘(3) CONCURRENT SUBMISSION.—The Participant and Plan 
Sponsor Advocate shall submit a copy of each report to the 
Secretary of Labor, the Director of the corporation, and any 
other appropriate official at the same time such report is sub-
mitted to the committees of Congress under paragraph (1).’’. 
(b) ADVISORY COMMITTEE NOMINATIONS.—Section 4002(h)(1) of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1302(h)(1)) is amended by adding at the end the following new 
sentence: ‘‘In the event of a vacancy or impending vacancy in 
the office of the Participant and Plan Sponsor Advocate established 
under section 4004, the Advisory Committee shall, in consultation 
with the Director of the corporation and participant and plan 
sponsor advocacy groups, nominate at least two but no more than 
three individuals to serve as the Participant and Plan Sponsor 
Advocate.’’. 
(c) CLERICAL AMENDMENT.—The table of contents in section 
1 of the Employee Retirement Income Security Act of 1974 is 
amended by inserting after the item relating to section 4003 the 
following new item: 
‘‘4004. Participant and Plan Sponsor Advocate.’’. 
SEC. 40233. QUALITY CONTROL PROCEDURES FOR THE PENSION BEN-
EFIT GUARANTY CORPORATION. 
(a) ANNUAL PEER REVIEW OF INSURANCE MODELING SYSTEMS.— 
The Pension Benefit Guaranty Corporation shall contract with a 
capable agency or organization that is independent from the Cor-
poration, such as the Social Security Administration, to conduct 
an annual peer review of the Corporation’s Single-Employer Pension 
Insurance Modeling System and the Corporation’s Multiemployer
H. R. 4348—454 
Pension Insurance Modeling System. The board of directors of the 
Corporation shall designate the agency or organization with which 
any such contract is entered into. The first of such annual peer 
reviews shall be initiated no later than 3 months after the date 
of enactment of this Act. 
(b) POLICIES
AND PROCEDURES RELATING
TO
THE POLICY, 
RESEARCH, AND
ANALYSIS
DEPARTMENT.—The Pension Benefit 
Guaranty Corporation shall— 
(1) develop written quality review policies and procedures 
for all modeling and actuarial work performed by the Corpora-
tion’s Policy, Research, and Analysis Department; and 
(2) conduct a record management review of such Depart-
ment to determine what records must be retained as Federal 
records. 
(c) REPORT RELATING TO OIG RECOMMENDATIONS.—Not later 
than 2 months after the date of enactment of this Act, the Pension 
Benefit Guaranty Corporation shall submit to Congress a report, 
approved by the board of directors of the Corporation, setting forth 
a timetable for addressing the outstanding recommendations of 
the Office of the Inspector General relating to the Policy, Research, 
and Analysis Department and the Benefits Administration and 
Payment Department. 
SEC. 40234. LINE OF CREDIT REPEAL. 
(a) IN GENERAL.—Subsection (c) of section 4005 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1305) is 
repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 4005 of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1305) is amended— 
(A) in subsection (b)— 
(i) paragraph (1)— 
(I) by striking subparagraph (A); and 
(II) 
by 
redesignating 
subparagraphs 
(B) 
through (G) as subparagraphs (A) through (F), 
respectively; 
(ii) in paragraph (2)— 
(I) by striking subparagraph (C); and 
(II) by redesignating subparagraphs (D) and 
(E) as subparagraphs (C) and (D), respectively; 
and 
(iii) in paragraph (3), by striking ‘‘but,’’ and all 
that follows through the end and inserting a period; 
and 
(B) in subsection (g)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as paragraph 
(2). 
(2) Section 4402 of such Act (29 U.S.C. 1461) is amended— 
(A) in subsection (c)(4)— 
(i) by striking subparagraph (C); and 
(ii) by redesignating subparagraph (D) as subpara-
graph (C); and 
(B) in subsection (d), by striking ‘‘or (D)’’.
H. R. 4348—461 
(2) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.— 
To carry out section 503(c) of title 23, United States Code, 
$62,500,000 for each of fiscal years 2013 and 2014. 
(3) TRAINING AND EDUCATION.—To carry out section 504 
of title 23, United States Code, $24,000,000 for each of fiscal 
years 2013 and 2014. 
(4) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To 
carry out sections 512 through 518 of title 23, United States 
Code, $100,000,000 for each of fiscal years 2013 and 2014. 
(5) UNIVERSITY
TRANSPORTATION
CENTERS
PROGRAM.—To 
carry out section 5505 of title 49, United States Code, 
$72,500,000 for each of fiscal years 2013 and 2014. 
(6) BUREAU OF TRANSPORTATION STATISTICS.—To carry out 
chapter 63 of title 49, United States Code, $26,000,000 for 
each of fiscal years 2013 and 2014. 
(b) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds 
authorized to be appropriated by subsection (a) shall— 
(1) be available for obligation in the same manner as if 
those funds were apportioned under chapter 1 of title 23, United 
States Code, except that the Federal share of the cost of a 
project or activity carried out using those funds shall be 80 
percent, unless otherwise expressly provided by this Act 
(including the amendments by this Act) or otherwise deter-
mined by the Secretary; and 
(2) remain available until expended and not be transferable. 
TITLE II—RESEARCH, TECHNOLOGY, 
AND EDUCATION 
SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION. 
Section 501 of title 23, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (8); 
(2) by inserting after paragraph (1) the following: 
‘‘(2) INCIDENT.—The term ‘incident’ means a crash, natural 
disaster, workzone activity, special event, or other emergency 
road user occurrence that adversely affects or impedes the 
normal flow of traffic. 
‘‘(3) INNOVATION LIFECYCLE.—The term ‘innovation lifecycle’ 
means the process of innovating through— 
‘‘(A) the identification of a need; 
‘‘(B) the establishment of the scope of research to 
address that need; 
‘‘(C) setting an agenda; 
‘‘(D) carrying out research, development, deployment, 
and testing of the resulting technology or innovation; and 
‘‘(E) carrying out an evaluation of the costs and benefits 
of the resulting technology or innovation. 
‘‘(4) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The 
term ‘intelligent transportation infrastructure’ means fully 
integrated public sector intelligent transportation system 
components, as defined by the Secretary. 
‘‘(5) INTELLIGENT
TRANSPORTATION
SYSTEM.—The terms 
‘intelligent transportation system’ and ‘ITS’ mean electronics, 
photonics, communications, or information processing used 
singly or in combination to improve the efficiency or safety 
of a surface transportation system.
H. R. 4348—462 
‘‘(6) NATIONAL
ARCHITECTURE.—For purposes of this 
chapter, the term ‘national architecture’ means the common 
framework for interoperability that defines— 
‘‘(A) the functions associated with intelligent transpor-
tation system user services; 
‘‘(B) the physical entities or subsystems within which 
the functions reside; 
‘‘(C) the data interfaces and information flows between 
physical subsystems; and 
‘‘(D) the communications requirements associated with 
the information flows. 
‘‘(7) PROJECT.—The term ‘project’ means an undertaking 
to research, develop, or operationally test intelligent transpor-
tation systems or any other undertaking eligible for assistance 
under this chapter.’’; and 
(3) by inserting after paragraph (8) (as so redesignated) 
the following: 
‘‘(9) STANDARD.—The term ‘standard’ means a document 
that— 
‘‘(A) contains technical specifications or other precise 
criteria for intelligent transportation systems that are to 
be used consistently as rules, guidelines, or definitions 
of characteristics so as to ensure that materials, products, 
processes, and services are fit for the intended purposes 
of the materials, products, processes, and services; and 
‘‘(B) may support the national architecture and pro-
mote— 
‘‘(i) the widespread use and adoption of intelligent 
transportation system technology as a component of 
the surface transportation systems of the United 
States; and 
‘‘(ii) interoperability among intelligent transpor-
tation system technologies implemented throughout 
the States.’’. 
SEC. 52002. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, 
AND TECHNOLOGY. 
(a) SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND 
TECHNOLOGY.—Section 502 of title 23, United States Code, is 
amended— 
(1) in the section heading by inserting ‘‘, development, 
and technology’’ after ‘‘surface transportation research’’; 
(2) in subsection (a)— 
(A) by redesignating paragraphs (1) through (8) as 
paragraphs (2) through (9), respectively; 
(B) by inserting before paragraph (2) (as redesignated 
by subparagraph (A)) the following: 
‘‘(1) APPLICABILITY.—The research, development, and tech-
nology provisions of this section shall apply throughout this 
chapter.’’; 
(C) in paragraph (2) (as redesignated by subparagraph 
(A))— 
(i) by inserting ‘‘within the innovation lifecycle’’ 
after ‘‘activities’’; and 
(ii) by inserting ‘‘communications, impact anal-
ysis,’’ after ‘‘training,’’;
H. R. 4348—463 
(D) in paragraph (3) (as redesignated by subparagraph 
(A))— 
(i) in subparagraph (B) by striking ‘‘supports 
research in which there is a clear public benefit and’’ 
and inserting ‘‘delivers a clear public benefit and occurs 
where’’; 
(ii) in subparagraph (C) by striking ‘‘or’’ after the 
semicolon; 
(iii) by redesignating subparagraph (D) as subpara-
graph (I); and 
(iv) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) meets and addresses current or emerging needs; 
‘‘(E) addresses current gaps in research; 
‘‘(F) presents the best means to align resources with 
multiyear plans and priorities; 
‘‘(G) ensures the coordination of highway research and 
technology transfer activities, including through activities 
performed by university transportation centers; 
‘‘(H) educates transportation professionals; or’’; 
(E) in paragraph (4) (as redesignated by subparagraph 
(A)) by striking subparagraphs (B) through (D) and 
inserting the following: 
‘‘(B) partner with State highway agencies and other 
stakeholders as appropriate to facilitate research and tech-
nology transfer activities; 
‘‘(C) communicate the results of ongoing and completed 
research; 
‘‘(D) lead efforts to coordinate national emphasis areas 
of highway research, technology, and innovation deploy-
ment; 
‘‘(E) leverage partnerships with industry, academia, 
international entities, and State departments of transpor-
tation; 
‘‘(F) lead efforts to reduce unnecessary duplication of 
effort; and 
‘‘(G) lead efforts to accelerate innovation delivery.’’; 
(F) in paragraph (5)(C) (as redesignated by subpara-
graph (A)) by striking ‘‘policy and planning’’ and inserting 
‘‘all highway objectives seeking to improve the performance 
of the transportation system’’; 
(G) in paragraph (6) (as redesignated by subparagraph 
(A)) in the second sentence, by inserting ‘‘tribal govern-
ments,’’ after ‘‘local governments,’’; 
(H) in paragraph (8) (as redesignated by subparagraph 
(A))— 
(i) in the first sentence, by striking ‘‘To the max-
imum’’ and inserting the following: 
‘‘(A) IN GENERAL.—To the maximum’’; 
(ii) in the second sentence, by striking ‘‘Perform-
ance measures’’ and inserting the following: 
‘‘(B) PERFORMANCE
MEASURES.—Performance meas-
ures’’; 
(iii) in the third sentence, by striking ‘‘All evalua-
tions’’ and inserting the following: 
‘‘(D) AVAILABILITY OF EVALUATIONS.—All evaluations 
under this paragraph’’; and
H. R. 4348—464 
(iv) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) PROGRAM PLAN.—To the maximum extent prac-
ticable, each program pursued under this chapter shall 
be part of a data-driven, outcome-oriented program plan.’’; 
and 
(I) in paragraph (9) (as redesignated by subparagraph 
(A)), by striking ‘‘surface’’; 
(3) in subsection (b)— 
(A) in paragraph (4) by striking ‘‘surface transportation 
research and technology development strategic plan devel-
oped under section 508’’ and inserting ‘‘transportation 
research and development strategic plan of the Secretary 
developed under section 508’’; 
(B) in paragraph (5) by striking ‘‘section’’ each place 
it appears and inserting ‘‘chapter’’; 
(C) in paragraph (6) by adding at the end the following: 
‘‘(C) TRANSFER OF AMOUNTS AMONG STATES OR TO FED-
ERAL HIGHWAY ADMINISTRATION.—The Secretary may, at 
the request of a State, transfer amounts apportioned or 
allocated to that State under this chapter to another State 
or the Federal Highway Administration to fund research, 
development, and technology transfer activities of mutual 
interest on a pooled funds basis. 
‘‘(D) TRANSFER OF OBLIGATION AUTHORITY.—Obligation 
authority for amounts transferred under this subsection 
shall be disbursed in the same manner and for the same 
amount as provided for the project being transferred.’’; 
and 
(D) by adding at the end the following: 
‘‘(7) PRIZE COMPETITIONS.— 
‘‘(A) IN
GENERAL.—The Secretary may use up to 1 
percent of the funds made available under section 51001 
of the Transportation Research and Innovative Technology 
Act of 2012 to carry out a program to competitively award 
cash prizes to stimulate innovation in basic and applied 
research and technology development that has the potential 
for application to the national transportation system. 
‘‘(B) TOPICS.—In selecting topics for prize competitions 
under this paragraph, the Secretary shall— 
‘‘(i) consult with a wide variety of governmental 
and nongovernmental representatives; and 
‘‘(ii) give consideration to prize goals that dem-
onstrate innovative approaches and strategies to 
improve the safety, efficiency, and sustainability of 
the national transportation system. 
‘‘(C) ADVERTISING.—The Secretary shall encourage 
participation in the prize competitions through advertising 
efforts. 
‘‘(D) REQUIREMENTS
AND
REGISTRATION.—For each 
prize competition, the Secretary shall publish a notice on 
a public website that describes— 
‘‘(i) the subject of the competition; 
‘‘(ii) the eligibility rules for participation in the 
competition; 
‘‘(iii) the amount of the prize; and 
‘‘(iv) the basis on which a winner will be selected.
H. R. 4348—465 
‘‘(E) ELIGIBILITY.—An individual or entity may not 
receive a prize under this paragraph unless the individual 
or entity— 
‘‘(i) has registered to participate in the competition 
pursuant to any rules promulgated by the Secretary 
under this section; 
‘‘(ii) has complied with all requirements under this 
paragraph; 
‘‘(iii)(I) in the case of a private entity, is incor-
porated in, and maintains a primary place of business 
in, the United States; or 
‘‘(II) in the case of an individual, whether partici-
pating singly or in a group, is a citizen or permanent 
resident of the United States; 
‘‘(iv) is not a Federal entity or Federal employee 
acting within the scope of his or her employment; 
and 
‘‘(v) has not received a grant to perform research 
on the same issue for which the prize is awarded. 
‘‘(F) LIABILITY.— 
‘‘(i) ASSUMPTION OF RISK.— 
‘‘(I) IN
GENERAL.—A registered participant 
shall agree to assume any and all risks and waive 
claims against the Federal Government and its 
related entities, except in the case of willful mis-
conduct, for any injury, death, damage, or loss 
of property, revenue, or profits, whether direct, 
indirect, or consequential, arising from participa-
tion in a competition, whether such injury, death, 
damage, or loss arises through negligence or other-
wise. 
‘‘(II) RELATED ENTITY.—In this subparagraph, 
the term ‘related entity’ means a contractor, sub-
contractor (at any tier), supplier, user, customer, 
cooperating 
party, 
grantee, 
investigator, 
or 
detailee. 
‘‘(ii) FINANCIAL
RESPONSIBILITY.—A participant 
shall obtain liability insurance or demonstrate finan-
cial responsibility, in amounts determined by the Sec-
retary, for claims by— 
‘‘(I) a third party for death, bodily injury, or 
property damage, or loss resulting from an activity 
carried out in connection with participation in a 
competition, with the Federal Government named 
as an additional insured under the registered 
participant’s 
insurance 
policy 
and 
registered 
participants agreeing to indemnify the Federal 
Government against third party claims for dam-
ages arising from or related to competition activi-
ties; and 
‘‘(II) the Federal Government for damage or 
loss to Government property resulting from such 
an activity. 
‘‘(G) JUDGES.— 
‘‘(i) SELECTION.—Subject to clause (iii), for each 
prize competition, the Secretary, either directly or 
through an agreement under subparagraph (H), may
H. R. 4348—466 
appoint 1 or more qualified judges to select the winner 
or winners of the prize competition on the basis of 
the criteria described in subparagraph (D). 
‘‘(ii) SELECTION.—Judges for each competition shall 
include individuals from outside the Federal Govern-
ment, including the private sector. 
‘‘(iii) LIMITATIONS.—A judge selected under this 
subparagraph may not— 
‘‘(I) have personal or financial interests in, 
or be an employee, officer, director, or agent of, 
any entity that is a registered participant in a 
prize competition under this paragraph; or 
‘‘(II) have a familial or financial relationship 
with an individual who is a registered participant. 
‘‘(H) ADMINISTERING THE COMPETITION.—The Secretary 
may enter into an agreement with a private, nonprofit 
entity to administer the prize competition, subject to the 
provisions of this paragraph. 
‘‘(I) FUNDING.— 
‘‘(i) IN GENERAL.— 
‘‘(I) PRIVATE SECTOR FUNDING.—A cash prize 
under this paragraph may consist of funds appro-
priated by the Federal Government and funds pro-
vided by the private sector. 
‘‘(II) GOVERNMENT
FUNDING.—The Secretary 
may accept funds from other Federal agencies, 
State and local governments, and metropolitan 
planning organizations for a cash prize under this 
paragraph. 
‘‘(III) NO SPECIAL CONSIDERATION.—The Sec-
retary may not give any special consideration to 
any private sector entity in return for a donation 
under this subparagraph. 
‘‘(ii) AVAILABILITY
OF
FUNDS.—Notwithstanding 
any other provision of law, amounts appropriated for 
prize awards under this paragraph— 
‘‘(I) shall remain available until expended; and 
‘‘(II) may not be transferred, reprogrammed, 
or expended for other purposes until after the 
expiration of the 10-year period beginning on the 
last day of the fiscal year for which the funds 
were originally appropriated. 
‘‘(iii) 
SAVINGS
PROVISION.—Nothing 
in 
this 
subparagraph may be construed to permit the obliga-
tion or payment of funds in violation of the Anti- 
Deficiency Act (31 U.S.C. 1341). 
‘‘(iv) PRIZE ANNOUNCEMENT.—A prize may not be 
announced under this paragraph until all the funds 
needed to pay out the announced amount of the prize 
have been appropriated by a governmental source or 
committed to in writing by a private source. 
‘‘(v) 
PRIZE
INCREASES.—The 
Secretary 
may 
increase the amount of a prize after the initial 
announcement of the prize under this paragraph if— 
‘‘(I) notice of the increase is provided in the 
same manner as the initial notice of the prize; 
and
H. R. 4348—467 
‘‘(II) the funds needed to pay out the 
announced amount of the increase have been 
appropriated by a governmental source or com-
mitted to in writing by a private source. 
‘‘(vi) CONGRESSIONAL NOTIFICATION.—A prize com-
petition under this paragraph may offer a prize in 
an amount greater than $1,000,000 only after 30 days 
have elapsed after written notice has been transmitted 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committees on Transpor-
tation and Infrastructure and Science, Space, and 
Technology of the House of Representatives. 
‘‘(vii) AWARD
LIMIT.—A prize competition under 
this section may not result in the award of more than 
$25,000 in cash prizes without the approval of the 
Secretary. 
‘‘(J) COMPLIANCE
WITH
EXISTING
LAW.—The Federal 
Government shall not, by virtue of offering or providing 
a prize under this paragraph, be responsible for compliance 
by registered participants in a prize competition with Fed-
eral law, including licensing, export control, and non-pro-
liferation laws, and related regulations. 
‘‘(K) NOTICE AND ANNUAL REPORT.— 
‘‘(i) IN GENERAL.—Not later than 30 days prior 
to carrying out an activity under subparagraph (A), 
the Secretary shall notify the Committees on Transpor-
tation and Infrastructure and Science, Space, and 
Technology of the House of Representatives and the 
Committees on Environment and Public Works and 
Commerce, Science, and Transportation of the Senate 
of the intent to use such authority. 
‘‘(ii) REPORTS.— 
‘‘(I) IN GENERAL.—The Secretary shall submit 
to the committees described in clause (i) on an 
annual basis a report on the activities carried out 
under subparagraph (A) in the preceding fiscal 
year if the Secretary exercised the authority under 
subparagraph (A) in that fiscal year. 
‘‘(II) INFORMATION INCLUDED.—A report under 
this subparagraph shall include, for each prize 
competition under subparagraph (A)— 
‘‘(aa) a description of the proposed goals 
of the prize competition; 
‘‘(bb) an analysis of why the use of the 
authority under subparagraph (A) was the 
preferable method of achieving the goals 
described in item (aa) as opposed to other 
authorities available to the Secretary, such 
as contracts, grants, and cooperative agree-
ments; 
‘‘(cc) the total amount of cash prizes 
awarded for each prize competition, including 
a description of the amount of private funds 
contributed to the program, the source of such 
funds, and the manner in which the amounts
H. R. 4348—468 
of cash prizes awarded and claimed were allo-
cated among the accounts of the Department 
for recording as obligations and expenditures; 
‘‘(dd) the methods used for the solicitation 
and evaluation of submissions under each 
prize competition, together with an assess-
ment of the effectiveness of such methods and 
lessons learned for future prize competitions; 
‘‘(ee) a description of the resources, 
including personnel and funding, used in the 
execution of each prize competition together 
with a detailed description of the activities 
for which such resources were used and an 
accounting of how funding for execution was 
allocated among the accounts of the agency 
for recording as obligations and expenditures; 
and 
‘‘(ff) a description of how each prize com-
petition advanced the mission of the Depart-
ment.’’; 
(4) in subsection (c)— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘subsection’’ and inserting ‘‘chapter’’; 
and 
(ii) by striking ‘‘50’’ and inserting ‘‘80’’; and 
(B) in paragraph (4) by striking ‘‘subsection’’ and 
inserting ‘‘chapter’’; and 
(5) by striking subsections (d) through (j). 
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 
title 23, United States Code, is amended by striking the item 
relating to section 502 and inserting the following: 
‘‘502. Surface transportation research, development, and technology.’’ 
SEC. 52003. RESEARCH AND TECHNOLOGY DEVELOPMENT AND 
DEPLOYMENT. 
(a) IN GENERAL.—Section 503 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 503. Research and technology development and deploy-
ment 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) carry out research, development, and deployment 
activities that encompass the entire innovation lifecycle; and 
‘‘(2) ensure that all research carried out under this section 
aligns with the transportation research and development stra-
tegic plan of the Secretary under section 508. 
‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.— 
‘‘(1) OBJECTIVES.—In carrying out the highway research 
and development program, the Secretary, to address current 
and emerging highway transportation needs, shall— 
‘‘(A) identify research topics; 
‘‘(B) coordinate research and development activities; 
‘‘(C) carry out research, testing, and evaluation activi-
ties; and 
‘‘(D) provide technology transfer and technical assist-
ance. 
‘‘(2) IMPROVING HIGHWAY SAFETY.—
H. R. 4348—469 
‘‘(A) IN
GENERAL.—The Secretary shall carry out 
research and development activities from an integrated 
perspective to establish and implement systematic meas-
ures to improve highway safety. 
‘‘(B) OBJECTIVES.—In carrying out this paragraph, the 
Secretary shall carry out research and development activi-
ties— 
‘‘(i) to achieve greater long-term safety gains; 
‘‘(ii) to reduce the number of fatalities and serious 
injuries on public roads; 
‘‘(iii) to fill knowledge gaps that limit the effective-
ness of research; 
‘‘(iv) to support the development and implementa-
tion of State strategic highway safety plans; 
‘‘(v) to advance improvements in, and use of, 
performance prediction analysis for decisionmaking; 
and 
‘‘(vi) to expand technology transfer to partners and 
stakeholders. 
‘‘(C) CONTENTS.—Research and technology activities 
carried out under this paragraph may include— 
‘‘(i) safety assessments and decisionmaking tools; 
‘‘(ii) data collection and analysis; 
‘‘(iii) crash reduction projections; 
‘‘(iv) low-cost safety countermeasures; 
‘‘(v) innovative operational improvements and 
designs of roadway and roadside features; 
‘‘(vi) evaluation of countermeasure costs and bene-
fits; 
‘‘(vii) development of tools for projecting impacts 
of safety countermeasures; 
‘‘(viii) rural road safety measures; 
‘‘(ix) safety measures for vulnerable road users, 
including bicyclists and pedestrians; 
‘‘(x) safety policy studies; 
‘‘(xi) human factors studies and measures; 
‘‘(xii) safety technology deployment; 
‘‘(xiii) 
safety 
workforce 
professional 
capacity 
building initiatives; 
‘‘(xiv) safety program and process improvements; 
and 
‘‘(xv) tools and methods to enhance safety perform-
ance, including achievement of statewide safety 
performance targets. 
‘‘(3) IMPROVING INFRASTRUCTURE INTEGRITY.— 
‘‘(A) IN GENERAL.—The Secretary shall carry out and 
facilitate highway and bridge infrastructure research and 
development activities— 
‘‘(i) to maintain infrastructure integrity; 
‘‘(ii) to meet user needs; and 
‘‘(iii) to link Federal transportation investments 
to improvements in system performance. 
‘‘(B) OBJECTIVES.—In carrying out this paragraph, the 
Secretary shall carry out research and development activi-
ties— 
‘‘(i) to reduce the number of fatalities attributable 
to infrastructure design characteristics and work zones;
H. R. 4348—470 
‘‘(ii) to improve the safety and security of highway 
infrastructure; 
‘‘(iii) to increase the reliability of lifecycle perform-
ance 
predictions 
used 
in 
infrastructure 
design, 
construction, and management; 
‘‘(iv) to improve the ability of transportation agen-
cies to deliver projects that meet expectations for time-
liness, quality, and cost; 
‘‘(v) to reduce user delay attributable to infrastruc-
ture system performance, maintenance, rehabilitation, 
and construction; 
‘‘(vi) to improve highway condition and perform-
ance through increased use of design, materials, 
construction, and maintenance innovations; 
‘‘(vii) to reduce the environmental impacts of high-
way infrastructure through innovations in design, 
construction, operation, preservation, and mainte-
nance; and 
‘‘(viii) to study vulnerabilities of the transportation 
system to seismic activities and extreme events and 
methods to reduce those vulnerabilities. 
‘‘(C) CONTENTS.—Research and technology activities 
carried out under this paragraph may include— 
‘‘(i) long-term infrastructure performance programs 
addressing pavements, bridges, tunnels, and other 
structures; 
‘‘(ii) short-term and accelerated studies of infra-
structure performance; 
‘‘(iii) research to develop more durable infrastruc-
ture materials and systems; 
‘‘(iv) advanced infrastructure design methods; 
‘‘(v) accelerated highway and bridge construction; 
‘‘(vi) performance-based specifications; 
‘‘(vii) construction and materials quality assurance; 
‘‘(viii) comprehensive and integrated infrastructure 
asset management; 
‘‘(ix) infrastructure safety assurance; 
‘‘(x) 
sustainable 
infrastructure 
design 
and 
construction; 
‘‘(xi) infrastructure rehabilitation and preservation 
techniques, including techniques to rehabilitate and 
preserve historic infrastructure; 
‘‘(xii) hydraulic, geotechnical, and aerodynamic 
aspects of infrastructure; 
‘‘(xiii) improved highway construction technologies 
and practices; 
‘‘(xiv) improved tools, technologies, and models for 
infrastructure management, including assessment and 
monitoring of infrastructure condition; 
‘‘(xv) studies to improve flexibility and resiliency 
of infrastructure systems to withstand climate varia-
bility; 
‘‘(xvi) studies on the effectiveness of fiber-based 
additives to improve the durability of surface transpor-
tation materials in various geographic regions; 
‘‘(xvii) studies of infrastructure resilience and other 
adaptation measures;
H. R. 4348—471 
‘‘(xviii) maintenance of seismic research activities, 
including research carried out in conjunction with other 
Federal agencies to study the vulnerability of the 
transportation system to seismic activity and methods 
to reduce that vulnerability; and 
‘‘(xix) technology transfer and adoption of per-
meable, pervious, or porous paving materials, practices, 
and systems that are designed to minimize environ-
mental impacts, stormwater runoff, and flooding and 
to treat or remove pollutants by allowing stormwater 
to infiltrate through the pavement in a manner similar 
to predevelopment hydrologic conditions. 
‘‘(D) LIFECYCLE COSTS ANALYSIS STUDY.— 
‘‘(i) IN GENERAL.—In this subparagraph, the term 
‘lifecycle costs analysis’ means a process for evaluating 
the total economic worth of a usable project segment 
by analyzing initial costs and discounted future costs, 
such as maintenance, user, reconstruction, rehabilita-
tion, restoring, and resurfacing costs, over the life of 
the project segment. 
‘‘(ii) STUDY.—The Comptroller General shall con-
duct a study of the best practices for calculating 
lifecycle costs and benefits for federally funded highway 
projects, which shall include, at a minimum, a thorough 
literature review and a survey of current lifecycle cost 
practices of State departments of transportation. 
‘‘(iii) CONSULTATION.—In carrying out the study, 
the Comptroller shall consult with, at a minimum— 
‘‘(I) the American Association of State High-
way and Transportation Officials; 
‘‘(II) appropriate experts in the field of lifecycle 
cost analysis; and 
‘‘(III) 
appropriate 
industry 
experts 
and 
research centers. 
‘‘(E) REPORT.—Not later than 1 year after the date 
of enactment of the Transportation Research and Innova-
tive Technology Act of 2012, the Comptroller General shall 
submit to the Committee on Environment and Public Works 
of the Senate and the Committees on Transportation and 
Infrastructure and Science, Space, and Technology of the 
House of Representatives a report on the results of the 
study which shall include— 
‘‘(i) a summary of the latest research on lifecycle 
cost analysis; and 
‘‘(ii) recommendations on the appropriate— 
‘‘(I) period of analysis; 
‘‘(II) design period; 
‘‘(III) discount rates; and 
‘‘(IV) use of actual material life and mainte-
nance cost data. 
‘‘(4) 
STRENGTHENING
TRANSPORTATION
PLANNING
AND 
ENVIRONMENTAL DECISIONMAKING.— 
‘‘(A) IN
GENERAL.—The Secretary may carry out 
research— 
‘‘(i) to minimize the cost of transportation planning 
and environmental decisionmaking processes;
H. R. 4348—472 
‘‘(ii) to improve transportation planning and 
environmental decisionmaking processes; and 
‘‘(iii) to minimize the potential impact of surface 
transportation on the environment. 
‘‘(B) OBJECTIVES.—In carrying out this paragraph the 
Secretary may carry out research and development activi-
ties— 
‘‘(i) to minimize the cost of highway infrastructure 
and operations; 
‘‘(ii) to reduce the potential impact of highway 
infrastructure and operations on the environment; 
‘‘(iii) to advance improvements in environmental 
analyses and processes and context sensitive solutions 
for transportation decisionmaking; 
‘‘(iv) to improve construction techniques; 
‘‘(v) to accelerate construction to reduce congestion 
and related emissions; 
‘‘(vi) to reduce the impact of highway runoff on 
the environment; 
‘‘(vii) to improve understanding and modeling of 
the factors that contribute to the demand for transpor-
tation; and 
‘‘(viii) to improve transportation planning decision-
making and coordination. 
‘‘(C) CONTENTS.—Research and technology activities 
carried out under this paragraph may include— 
‘‘(i) creation of models and tools for evaluating 
transportation measures and transportation system 
designs, including the costs and benefits; 
‘‘(ii) congestion reduction efforts; 
‘‘(iii) transportation and economic development 
planning in rural areas and small communities; 
‘‘(iv) improvement of State, local, and tribal govern-
ment capabilities relating to surface transportation 
planning and the environment; and 
‘‘(v) streamlining of project delivery processes. 
‘‘(5) REDUCING
CONGESTION, IMPROVING
HIGHWAY
OPER-
ATIONS, AND ENHANCING FREIGHT PRODUCTIVITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall carry out 
research under this paragraph with the goals of— 
‘‘(i) addressing congestion problems; 
‘‘(ii) reducing the costs of congestion; 
‘‘(iii) improving freight movement; 
‘‘(iv) increasing productivity; and 
‘‘(v) improving the economic competitiveness of the 
United States. 
‘‘(B) OBJECTIVES.—In carrying out this paragraph, the 
Secretary shall carry out research and development activi-
ties to identify, develop, and assess innovations that have 
the potential— 
‘‘(i) to reduce traffic congestion; 
‘‘(ii) to improve freight movement; and 
‘‘(iii) to reduce freight-related congestion through-
out the transportation network. 
‘‘(C) CONTENTS.—Research and technology activities 
carried out under this paragraph may include— 
‘‘(i) active traffic and demand management;
H. R. 4348—473 
‘‘(ii) acceleration of the implementation of Intel-
ligent Transportation Systems technology; 
‘‘(iii) advanced transportation concepts and anal-
ysis; 
‘‘(iv) arterial management and traffic signal oper-
ation; 
‘‘(v) congestion pricing; 
‘‘(vi) corridor management; 
‘‘(vii) emergency operations; 
‘‘(viii) research relating to enabling technologies 
and applications; 
‘‘(ix) freeway management; 
‘‘(x) evaluation of enabling technologies; 
‘‘(xi) impacts of vehicle size and weight on conges-
tion; 
‘‘(xii) freight operations and technology; 
‘‘(xiii) operations and freight performance measure-
ment and management; 
‘‘(xiv) organization and planning for operations; 
‘‘(xv) planned special events management; 
‘‘(xvi) real-time transportation information; 
‘‘(xvii) road weather management; 
‘‘(xviii) traffic and freight data and analysis tools; 
‘‘(xix) traffic control devices; 
‘‘(xx) traffic incident management; 
‘‘(xxi) work zone management; 
‘‘(xxii) communication of travel, roadway, and 
emergency information to persons with disabilities; 
‘‘(xxiii) research on enhanced mode choice and 
intermodal connectivity; 
‘‘(xxiv) techniques for estimating and quantifying 
public benefits derived from freight transportation 
projects; and 
‘‘(xxv) other research areas to identify and address 
emerging needs related to freight transportation by 
all modes. 
‘‘(6) EXPLORATORY
ADVANCED
RESEARCH.—The Secretary 
shall carry out research and development activities relating 
to exploratory advanced research— 
‘‘(A) to leverage the targeted capabilities of the Turner- 
Fairbank Highway Research Center to develop technologies 
and innovations of national importance; and 
‘‘(B) to develop potentially transformational solutions 
to improve the durability, efficiency, environmental impact, 
productivity, and safety aspects of highway and intermodal 
transportation systems. 
‘‘(7) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.— 
‘‘(A) IN
GENERAL.—The Secretary shall continue to 
operate in the Federal Highway Administration a Turner- 
Fairbank Highway Research Center. 
‘‘(B) USES
OF
THE
CENTER.—The Turner-Fairbank 
Highway Research Center shall support— 
‘‘(i) the conduct of highway research and develop-
ment relating to emerging highway technology; 
‘‘(ii) the development of understandings, tools, and 
techniques that provide solutions to complex technical 
problems through the development of economical and
H. R. 4348—474 
environmentally 
sensitive 
designs, 
efficient 
and 
quality-controlled construction practices, and durable 
materials; 
‘‘(iii) the development of innovative highway prod-
ucts and practices; and 
‘‘(iv) the conduct of long-term, high-risk research 
to improve the materials used in highway infrastruc-
ture. 
‘‘(8) INFRASTRUCTURE INVESTMENT NEEDS REPORT.— 
‘‘(A) IN GENERAL.—Not later than July 31, 2013, and 
July 31 of every second year thereafter, the Secretary shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report 
that describes estimates of the future highway and bridge 
needs of the United States and the backlog of current 
highway and bridge needs. 
‘‘(B) COMPARISONS.—Each report under subparagraph 
(A) shall include all information necessary to relate and 
compare the conditions and service measures used in the 
previous biennial reports to conditions and service meas-
ures used in the current report. 
‘‘(C) INCLUSIONS.—Each report under subparagraph (A) 
shall provide recommendations to Congress on changes 
to the highway performance monitoring system that 
address— 
‘‘(i) improvements to the quality and standardiza-
tion of data collection on all functional classifications 
of Federal-aid highways for accurate system length, 
lane length, and vehicle-mile of travel; and 
‘‘(ii) changes to the reporting requirements author-
ized under section 315, to reflect recommendations 
under this paragraph for collection, storage, analysis, 
reporting, and display of data for Federal-aid highways 
and, to the maximum extent practical, all public roads. 
‘‘(c) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry out a tech-
nology and innovation deployment program relating to all 
aspects 
of 
highway 
transportation, 
including 
planning, 
financing, operation, structures, materials, pavements, environ-
ment, construction, and the duration of time between project 
planning and project delivery, with the goals of— 
‘‘(A) significantly accelerating the adoption of innova-
tive technologies by the surface transportation community; 
‘‘(B) providing leadership and incentives to dem-
onstrate and promote state-of-the-art technologies, elevated 
performance standards, and new business practices in high-
way construction processes that result in improved safety, 
faster construction, reduced congestion from construction, 
and improved quality and user satisfaction; 
‘‘(C) constructing longer-lasting highways through the 
use of innovative technologies and practices that lead to 
faster construction of efficient and safe highways and 
bridges; 
‘‘(D) improving highway efficiency, safety, mobility, 
reliability, service life, environmental protection, and 
sustainability; and
H. R. 4348—475 
‘‘(E) developing and deploying new tools, techniques, 
and practices to accelerate the adoption of innovation in 
all aspects of highway transportation. 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) IN GENERAL.—The Secretary shall promote, facili-
tate, and carry out the program established under para-
graph (1) to distribute the products, technologies, tools, 
methods, or other findings that result from highway 
research and development activities, including research and 
development activities carried out under this chapter. 
‘‘(B) ACCELERATED INNOVATION DEPLOYMENT.—In car-
rying out the program established under paragraph (1), 
the Secretary shall— 
‘‘(i) establish and carry out demonstration pro-
grams; 
‘‘(ii) provide technical assistance, and training to 
researchers and developers; and 
‘‘(iii) develop improved tools and methods to accel-
erate the adoption of proven innovative practices and 
technologies as standard practices. 
‘‘(C) IMPLEMENTATION OF FUTURE STRATEGIC HIGHWAY 
RESEARCH PROGRAM FINDINGS AND RESULTS.— 
‘‘(i) IN GENERAL.—The Secretary, in consultation 
with the American Association of State Highway and 
Transportation 
Officials 
and 
the 
Transportation 
Research Board of the National Academy of Sciences, 
shall promote research results and products developed 
under the future strategic highway research program 
administered by the Transportation Research Board 
of the National Academy of Sciences. 
‘‘(ii) BASIS FOR FINDINGS.—The activities carried 
out under this subparagraph shall be based on the 
report submitted to Congress by the Transportation 
Research Board of the National Academy of Sciences 
under section 510(e). 
‘‘(iii) PERSONNEL.—The Secretary may use funds 
made available to carry out this subsection for adminis-
trative costs under this subparagraph. 
‘‘(3) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF 
PAVEMENT TECHNOLOGIES.— 
‘‘(A) IN GENERAL.—The Secretary shall establish and 
implement a program under the technology and innovation 
deployment program to promote, implement, deploy, dem-
onstrate, showcase, support, and document the application 
of innovative pavement technologies, practices, perform-
ance, and benefits. 
‘‘(B) GOALS.—The goals of the accelerated implementa-
tion and deployment of pavement technologies program 
shall include— 
‘‘(i) the deployment of new, cost-effective designs, 
materials, recycled materials, and practices to extend 
the pavement life and performance and to improve 
user satisfaction; 
‘‘(ii) the reduction of initial costs and lifecycle costs 
of pavements, including the costs of new construction, 
replacement, maintenance, and rehabilitation;
H. R. 4348—476 
‘‘(iii) the deployment of accelerated construction 
techniques to increase safety and reduce construction 
time and traffic disruption and congestion; 
‘‘(iv) the deployment of engineering design criteria 
and specifications for new and efficient practices, prod-
ucts, and materials for use in highway pavements; 
‘‘(v) the deployment of new nondestructive and 
real-time 
pavement 
evaluation 
technologies 
and 
construction techniques; and 
‘‘(vi) effective technology transfer and information 
dissemination to accelerate implementation of new 
technologies and to improve life, performance, cost 
effectiveness, safety, and user satisfaction. 
‘‘(C) FUNDING.—The Secretary shall obligate for each 
of fiscal years 2013 through 2014 from funds made avail-
able to carry out this subsection $12,000,000 to accelerate 
the deployment and implementation of pavement tech-
nology.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 
title 23, United States Code, is amended by striking the item 
relating to section 503 and inserting the following: 
‘‘503. Research and technology development and deployment.’’. 
SEC. 52004. TRAINING AND EDUCATION. 
Section 504 of title 23, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(A) by inserting ‘‘and the employees 
of any other applicable Federal agency’’ before the semi-
colon at the end; and 
(B) in paragraph (3)(A)(ii)(V) by striking ‘‘expediting’’ 
and inserting ‘‘reducing the amount of time required for’’; 
(2) in subsection (b) by striking paragraph (3) and inserting 
the following: 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) LOCAL TECHNICAL ASSISTANCE CENTERS.— 
‘‘(i) IN GENERAL.—Subject to subparagraph (B), the 
Federal share of the cost of an activity carried out 
by a local technical assistance center under paragraphs 
(1) and (2) shall be 50 percent. 
‘‘(ii) NON-FEDERAL SHARE.—The non-Federal share 
of the cost of an activity described in clause (i) may 
consist of amounts provided to a recipient under sub-
section (e) or section 505, up to 100 percent of the 
non-Federal share. 
‘‘(B) TRIBAL
TECHNICAL
ASSISTANCE
CENTERS.—The 
Federal share of the cost of an activity carried out by 
a tribal technical assistance center under paragraph 
(2)(D)(ii) shall be 100 percent.’’; 
(3) in subsection (c)(2)— 
(A) by striking ‘‘The Secretary’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—The Secretary’’; 
(B) in subparagraph (A) (as designated by subpara-
graph (A)) by striking ‘‘. The program’’ and inserting ‘‘, 
which program’’; and 
(C) by adding at the end the following:
H. R. 4348—477 
‘‘(B) USE OF AMOUNTS.—Amounts provided to institu-
tions of higher education to carry out this paragraph shall 
be used to provide direct support of student expenses.’’; 
(4) in subsection (e)— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A) by 
striking 
‘‘sections 
104(b)(1), 
104(b)(2), 
104(b)(3), 
104(b)(4), and 144(e)’’ and inserting ‘‘paragraphs (1) 
through (4) of section 104(b)’’; 
(ii) in subparagraph (D) by striking ‘‘and’’ at the 
end; 
(iii) in subparagraph (E) by striking the period 
and inserting a semicolon; and 
(iv) by adding at the end the following: 
‘‘(F) activities carried out by the National Highway 
Institute under subsection (a); and 
‘‘(G) local technical assistance programs under sub-
section (b).’’; and 
(B) in paragraph (2) by inserting ‘‘, except for activities 
carried out under paragraph (1)(G), for which the Federal 
share shall be 50 percent’’ before the period at the end; 
(5) in subsection (f) in the heading, by striking ‘‘PILOT’’; 
(6) in subsection (g)(4)(F) by striking ‘‘excellence’’ and 
inserting ‘‘stewardship’’; and 
(7) by adding at the end the following: 
‘‘(h) CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.— 
‘‘(1) IN GENERAL.—The Secretary shall make grants under 
this section to establish and maintain centers for surface 
transportation excellence. 
‘‘(2) GOALS.—The goals of a center referred to in paragraph 
(1) shall be to promote and support strategic national surface 
transportation programs and activities relating to the work 
of State departments of transportation in the areas of environ-
ment, surface transportation safety, rural safety, and project 
finance. 
‘‘(3) ROLE OF THE CENTERS.—To achieve the goals set forth 
in paragraph (2), any centers established under paragraph (1) 
shall provide technical assistance, information sharing of best 
practices, and training in the use of tools and decisionmaking 
processes that can assist States in effectively implementing 
surface transportation programs, projects, and policies. 
‘‘(4) PROGRAM ADMINISTRATION.— 
‘‘(A) COMPETITION.—A party entering into a contract, 
cooperative agreement, or other transaction with the Sec-
retary under this subsection, or receiving a grant to perform 
research or provide technical assistance under this sub-
section, shall be selected on a competitive basis. 
‘‘(B) STRATEGIC
PLAN.—The Secretary shall require 
each center to develop a multiyear strategic plan, that— 
‘‘(i) is submitted to the Secretary at such time 
as the Secretary requires; and 
‘‘(ii) describes— 
‘‘(I) the activities to be undertaken by the 
center; and 
‘‘(II) how the work of the center will be coordi-
nated with the activities of the Federal Highway 
Administration and the various other research,
H. R. 4348—478 
development, and technology transfer activities 
authorized under this chapter.’’. 
SEC. 52005. STATE PLANNING AND RESEARCH. 
Section 505 of title 23, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1) by striking 
‘‘section 104 (other than sections 104(f) and 104(h)) and 
under section 144’’ and inserting ‘‘paragraphs (1) through 
(4) of section 104(b)’’; and 
(B) in paragraph (3) by striking ‘‘under section 303’’ 
and inserting ‘‘, plans, and processes under sections 119, 
148, 149, and 167’’; 
(2) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; 
(3) by inserting after subsection (b) the following: 
‘‘(c) 
IMPLEMENTATION
OF
FUTURE
STRATEGIC
HIGHWAY 
RESEARCH PROGRAM FINDINGS AND RESULTS.— 
‘‘(1) FUNDS.—A State shall make available to the Secretary 
to carry out section 503(c)(2)(C) a percentage of funds subject 
to subsection (a) that are apportioned to that State, that is 
agreed to by 3⁄4 of States for each of fiscal years 2013 and 
2014. 
‘‘(2) TREATMENT OF FUNDS.—Funds expended under para-
graph (1) shall not be considered to be part of the extramural 
budget of the agency for the purpose of section 9 of the Small 
Business Act (15 U.S.C. 638).’’; and 
(4) in subsection (e) (as so redesignated) by striking ‘‘section 
118(b)(2)’’ and inserting ‘‘section 118(b)’’. 
SEC. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 506 of title 23, United States Code, 
is repealed. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 
title 23, United States Code, is amended by striking the item 
relating to section 506. 
SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERA-
TIVE RESEARCH PROGRAM. 
(a) IN GENERAL.—Section 507 of title 23, United States Code, 
is repealed. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 
title 23, United States Code, is amended by striking the item 
relating to section 507. 
SEC. 52008. NATIONAL COOPERATIVE FREIGHT RESEARCH. 
(a) IN GENERAL.—Section 509 of title 23, United States Code, 
is repealed. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of 
title 23, United States Code, is amended by striking the item 
relating to section 509. 
SEC. 52009. UNIVERSITY TRANSPORTATION CENTERS PROGRAM. 
(a) IN GENERAL.—Section 5505 of title 49, United States Code, 
is amended to read as follows: 
‘‘§ 5505. University transportation centers program 
‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—
H. R. 4348—479 
‘‘(1) ESTABLISHMENT AND OPERATION.—The Secretary shall 
make grants under this section to eligible nonprofit institutions 
of higher education to establish and operate university 
transportation centers. 
‘‘(2) ROLE
OF
CENTERS.—The role of each university 
transportation center referred to in paragraph (1) shall be— 
‘‘(A) to advance transportation expertise and technology 
in the varied disciplines that comprise the field of transpor-
tation through education, research, and technology transfer 
activities; 
‘‘(B) to provide for a critical transportation knowledge 
base outside of the Department of Transportation; and 
‘‘(C) to address critical workforce needs and educate 
the next generation of transportation leaders. 
‘‘(b) COMPETITIVE SELECTION PROCESS.— 
‘‘(1) APPLICATIONS.—To receive a grant under this section, 
a nonprofit institution of higher education shall submit to the 
Secretary an application that is in such form and contains 
such information as the Secretary may require. 
‘‘(2) RESTRICTION.—A nonprofit institution of higher edu-
cation or the lead institution of a consortium of nonprofit 
institutions of higher education, as applicable, that receives 
a grant for a national transportation center or a regional 
transportation center in a fiscal year shall not be eligible to 
receive as a lead institution or member of a consortium an 
additional grant in that fiscal year for a national transportation 
center or a regional transportation center. 
‘‘(3) COORDINATION.—The Secretary shall solicit grant 
applications for national transportation centers, regional 
transportation centers, and Tier 1 university transportation 
centers with identical advertisement schedules and deadlines. 
‘‘(4) GENERAL SELECTION CRITERIA.— 
‘‘(A) IN GENERAL.—Except as otherwise provided by 
this section, the Secretary shall award grants under this 
section in nonexclusive candidate topic areas established 
by the Secretary that address the research priorities identi-
fied in section 503 of title 23. 
‘‘(B) CRITERIA.—The Secretary, in consultation as 
appropriate with the Administrators of the Federal High-
way Administration and the Federal Transit Administra-
tion, shall select each recipient of a grant under this section 
through a competitive process based on the assessment 
of the Secretary relating to— 
‘‘(i) the demonstrated ability of the recipient to 
address each specific topic area described in the 
research and strategic plans of the recipient; 
‘‘(ii) 
the 
demonstrated 
research, 
technology 
transfer, and education resources available to the 
recipient to carry out this section; 
‘‘(iii) the ability of the recipient to provide leader-
ship in solving immediate and long-range national and 
regional transportation problems; 
‘‘(iv) the ability of the recipient to carry out 
research, education, and technology transfer activities 
that are multimodal and multidisciplinary in scope;
H. R. 4348—480 
‘‘(v) the demonstrated commitment of the recipient 
to carry out transportation workforce development pro-
grams through— 
‘‘(I) degree-granting programs; and 
‘‘(II) outreach activities to attract new entrants 
into the transportation field; 
‘‘(vi) the demonstrated ability of the recipient to 
disseminate results and spur the implementation of 
transportation 
research 
and 
education 
programs 
through national or statewide continuing education 
programs; 
‘‘(vii) 
the 
demonstrated 
commitment 
of 
the 
recipient to the use of peer review principles and other 
research best practices in the selection, management, 
and dissemination of research projects; 
‘‘(viii) the strategic plan submitted by the recipient 
describing the proposed research to be carried out by 
the recipient and the performance metrics to be used 
in assessing the performance of the recipient in 
meeting the stated research, technology transfer, edu-
cation, and outreach goals; and 
‘‘(ix) the ability of the recipient to implement the 
proposed program in a cost-efficient manner, such as 
through cost sharing and overall reduced overhead, 
facilities, and administrative costs. 
‘‘(5) TRANSPARENCY.— 
‘‘(A) IN GENERAL.—The Secretary shall provide to each 
applicant, upon request, any materials, including copies 
of reviews (with any information that would identify a 
reviewer redacted), used in the evaluation process of the 
proposal of the applicant. 
‘‘(B) REPORTS.—The Secretary shall submit to the 
Committees on Transportation and Infrastructure and 
Science, Space, and Technology of the House of Representa-
tives and the Committee on Environment and Public Works 
of the Senate a report describing the overall review process 
under paragraph (3) that includes— 
‘‘(i) specific criteria of evaluation used in the 
review; 
‘‘(ii) descriptions of the review process; and 
‘‘(iii) explanations of the selected awards. 
‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the 
maximum extent practicable, consult external stakeholders 
such as the Transportation Research Board of the National 
Academy of Sciences to evaluate and competitively review all 
proposals. 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of the Transportation Research and Innovative 
Technology Act of 2012, the Secretary, in consultation as appro-
priate with the Administrators of the Federal Highway 
Administration and the Federal Transit Administration, shall 
select grant recipients under subsection (b) and make grant 
amounts available to the selected recipients. 
‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall provide grants to 5 recipients that the
H. R. 4348—482 
centers established under this paragraph for the purpose 
of furthering the objectives described in subsection (a)(2) 
in the field of comprehensive transportation safety. 
‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CENTERS.— 
‘‘(A) IN GENERAL.—The Secretary shall provide grants 
of $1,500,000 each to not more than 20 recipients to carry 
out this paragraph. 
‘‘(B) RESTRICTION.—A lead institution of a consortium 
that receives a grant under paragraph (2) or (3) shall 
not be eligible to receive a grant under this paragraph. 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—Subject to clause (iii), as a condi-
tion of receiving a grant under this paragraph, a grant 
recipient shall match 50 percent of the amounts made 
available under the grant. 
‘‘(ii) SOURCES.—The matching amounts referred to 
in clause (i) may include amounts made available to 
the recipient under section 504(b) or 505 of title 23. 
‘‘(iii) EXEMPTION.—This subparagraph shall not 
apply on a demonstration of financial hardship by the 
applicant institution. 
‘‘(D) FOCUSED RESEARCH.—In awarding grants under 
this paragraph, consideration shall be given to minority 
institutions, as defined by section 365 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067k), or consortia that 
include such institutions that have demonstrated an ability 
in transportation-related research. 
‘‘(d) PROGRAM COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) coordinate the research, education, and technology 
transfer activities carried out by grant recipients under 
this section; and 
‘‘(B) disseminate the results of that research through 
the establishment and operation of an information clearing-
house. 
‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not less frequently 
than annually, and consistent with the plan developed under 
section 508 of title 23, the Secretary shall— 
‘‘(A) review and evaluate the programs carried out 
under this section by grant recipients; and 
‘‘(B) submit to the Committees on Transportation and 
Infrastructure and Science, Space, and Technology of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report describing 
that review and evaluation. 
‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.—For each of 
fiscal years 2013 and 2014, the Secretary shall expend not 
more than 11⁄2 percent of the amounts made available to the 
Secretary to carry out this section for any coordination, evalua-
tion, and oversight activities of the Secretary under this section. 
‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.—Amounts made 
available to the Secretary to carry out this section shall remain 
available for obligation by the Secretary for a period of 3 years 
after the last day of the fiscal year for which the amounts are 
appropriated. 
‘‘(f) INFORMATION COLLECTION.—Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to carry
H. R. 4348—483 
out reporting requirements relating to any program assessment 
or evaluation activity under this section, including customer satis-
faction assessments, shall not be subject to chapter 35 of title 
44.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 55 
of title 49, United States Code, is amended by striking the item 
relating to section 5505 and inserting the following: 
‘‘5505. University transportation centers program.’’. 
SEC. 52010. UNIVERSITY TRANSPORTATION RESEARCH. 
(a) IN GENERAL.—Section 5506 of title 49, United States Code, 
is repealed. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 55 
of title 49, United States Code, is amended by striking the item 
relating to section 5506. 
SEC. 52011. BUREAU OF TRANSPORTATION STATISTICS. 
(a) IN GENERAL.—Subtitle III of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘CHAPTER 63—BUREAU OF TRANSPORTATION 
STATISTICS 
‘‘Sec. 
‘‘6301. Definitions. 
‘‘6302. Bureau of Transportation Statistics. 
‘‘6303. Intermodal transportation database. 
‘‘6304. National Transportation Library. 
‘‘6305. Advisory council on transportation statistics. 
‘‘6306. Transportation statistical collection, analysis, and dissemination. 
‘‘6307. Furnishing of information, data, or reports by Federal agencies. 
‘‘6308. Proceeds of data product sales. 
‘‘6309. National transportation atlas database. 
‘‘6310. Limitations on statutory construction. 
‘‘6311. Research and development grants. 
‘‘6312. Transportation statistics annual report. 
‘‘6313. Mandatory response authority for freight data collection. 
‘‘§ 6301. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) BUREAU.—The term ‘Bureau’ means the Bureau of 
Transportation Statistics established by section 6302(a). 
‘‘(2) DEPARTMENT.—The term ‘Department’ means the 
Department of Transportation. 
‘‘(3) DIRECTOR.—The term ‘Director’ means the Director 
of the Bureau. 
‘‘(4) LIBRARY.—The term ‘Library’ means the National 
Transportation Library established by section 6304(a). 
‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Transportation. 
‘‘§ 6302. Bureau of Transportation Statistics 
‘‘(a) ESTABLISHMENT.—There is established in the Research and 
Innovative Technology Administration the Bureau of Transportation 
Statistics. 
‘‘(b) DIRECTOR.— 
‘‘(1) APPOINTMENT.—The Bureau shall be headed by a 
Director, who shall be appointed in the competitive service 
by the Secretary. 
‘‘(2) QUALIFICATIONS.—The Director shall be appointed from 
among individuals who are qualified to serve as the Director
H. R. 4348—484 
by virtue of their training and experience in the collection, 
analysis, and use of transportation statistics. 
‘‘(3) DUTIES.— 
‘‘(A) IN GENERAL.—The Director shall— 
‘‘(i) serve as the senior advisor to the Secretary 
on data and statistics; and 
‘‘(ii) be responsible for carrying out the duties 
described in subparagraph (B). 
‘‘(B) DUTIES.—The Director shall— 
‘‘(i) ensure that the statistics compiled under 
clause (vi) are designed to support transportation 
decisionmaking by— 
‘‘(I) the Federal Government; 
‘‘(II) State and local governments; 
‘‘(III) metropolitan planning organizations; 
‘‘(IV) transportation-related associations; 
‘‘(V) the private sector, including the freight 
community; and 
‘‘(VI) the public; 
‘‘(ii) establish on behalf of the Secretary a pro-
gram— 
‘‘(I) to effectively integrate safety data across 
modes; and 
‘‘(II) to address gaps in existing safety data 
programs of the Department; 
‘‘(iii) work with the operating administrations of 
the Department— 
‘‘(I) to establish and implement the data pro-
grams of the Bureau; and 
‘‘(II) to improve the coordination of information 
collection efforts with other Federal agencies; 
‘‘(iv) continually improve surveys and data collec-
tion methods of the Department to improve the 
accuracy and utility of transportation statistics; 
‘‘(v) encourage the standardization of data, data 
collection methods, and data management and storage 
technologies for data collected by— 
‘‘(I) the Bureau; 
‘‘(II) the operating administrations of the 
Department; 
‘‘(III) State and local governments; 
‘‘(IV) metropolitan planning organizations; and 
‘‘(V) private sector entities; 
‘‘(vi) collect, compile, analyze, and publish a com-
prehensive set of transportation statistics on the 
performance and impacts of the national transportation 
system, including statistics on— 
‘‘(I) transportation safety across all modes and 
intermodally; 
‘‘(II) the state of good repair of United States 
transportation infrastructure; 
‘‘(III) the extent, connectivity, and condition 
of the transportation system, building on the 
national transportation atlas database developed 
under section 6310; 
‘‘(IV) economic efficiency across the entire 
transportation sector;
H. R. 4348—485 
‘‘(V) the effects of the transportation system 
on global and domestic economic competitiveness; 
‘‘(VI) demographic, economic, and other vari-
ables influencing travel behavior, including choice 
of transportation mode and goods movement; 
‘‘(VII) transportation-related variables that 
influence 
the 
domestic 
economy 
and 
global 
competitiveness; 
‘‘(VIII) economic costs and impacts for pas-
senger travel and freight movement; 
‘‘(IX) intermodal and multimodal passenger 
movement; 
‘‘(X) intermodal and multimodal freight move-
ment; and 
‘‘(XI) consequences of transportation for the 
human and natural environment; 
‘‘(vii) build and disseminate the transportation 
layer of the National Spatial Data Infrastructure devel-
oped under Executive Order No. 12906 (59 Fed. Reg. 
17671) (or a successor Executive order), including by 
coordinating 
the 
development 
of 
transportation 
geospatial 
data 
standards, 
compiling 
intermodal 
geospatial data, and collecting geospatial data that 
is not being collected by other entities; 
‘‘(viii) issue guidelines for the collection of informa-
tion by the Department that the Director determines 
necessary to develop transportation statistics and carry 
out modeling, economic assessment, and program 
assessment activities to ensure that such information 
is accurate, reliable, relevant, uniform, and in a form 
that permits systematic analysis by the Department; 
‘‘(ix) review and report to the Secretary on the 
sources and reliability of— 
‘‘(I) the statistics proposed by the heads of 
the operating administrations of the Department 
to measure outputs and outcomes as required by 
the Government Performance and Results Act of 
1993 (Public Law 103–62; 107 Stat. 285); and 
‘‘(II) at the request of the Secretary, any other 
data collected or statistical information published 
by the heads of the operating administrations of 
the Department; and 
‘‘(x) ensure that the statistics published under this 
section are readily accessible to the public, consistent 
with applicable security constraints and confidentiality 
interests. 
‘‘(c) ACCESS
TO FEDERAL DATA.—In carrying out subsection 
(b)(3)(B)(ii), the Director shall be given access to all safety data 
that the Director determines necessary to carry out that subsection 
that is held by the Department or any other Federal agency upon 
written request and subject to any statutory or regulatory restric-
tions.
H. R. 4348—486 
‘‘§ 6303. Intermodal transportation database 
‘‘(a) IN GENERAL.—In consultation with the Under Secretary 
Transportation for Policy, the Assistant Secretaries of the Depart-
ment, and the heads of the operating administrations of the Depart-
ment, the Director shall establish and maintain a transportation 
database for all modes of transportation. 
‘‘(b) USE.—The database established under this section shall 
be suitable for analyses carried out by the Federal Government, 
the States, and metropolitan planning organizations. 
‘‘(c) CONTENTS.—The database established under this section 
shall include— 
‘‘(1) information on the volumes and patterns of movement 
of goods, including local, interregional, and international move-
ment, by all modes of transportation, intermodal combinations, 
and relevant classification; 
‘‘(2) information on the volumes and patterns of movement 
of people, including local, interregional, and international move-
ments, by all modes of transportation (including bicycle and 
pedestrian modes), intermodal combinations, and relevant 
classification; 
‘‘(3) information on the location and connectivity of 
transportation facilities and services; and 
‘‘(4) a national accounting of expenditures and capital 
stocks on each mode of transportation and intermodal combina-
tion. 
‘‘§ 6304. National Transportation Library 
‘‘(a) PURPOSE AND ESTABLISHMENT.—To support the information 
management and decisionmaking needs of transportation officials 
at the Federal, State, and local levels, there is established in the 
Bureau a National Transportation Library which shall— 
‘‘(1) be headed by an individual who is highly qualified 
in library and information science; 
‘‘(2) acquire, preserve, and manage transportation informa-
tion and information products and services for use by the 
Department, other Federal agencies, and the general public; 
‘‘(3) provide reference and research assistance; 
‘‘(4) serve as a central depository for research results and 
technical publications of the Department; 
‘‘(5) provide a central clearinghouse for transportation data 
and information of the Federal Government; 
‘‘(6) serve as coordinator and policy lead for transportation 
information access; 
‘‘(7) provide transportation information and information 
products and services to— 
‘‘(A) the Department; 
‘‘(B) other Federal agencies; 
‘‘(C) public and private organizations; and 
‘‘(D) individuals, within the United States and inter-
nationally; 
‘‘(8) coordinate efforts among, and cooperate with, transpor-
tation libraries, information providers, and technical assistance 
centers, in conjunction with private industry and other 
transportation library and information centers, with the goal 
of developing a comprehensive transportation information and 
knowledge network that supports the activities described in 
section 6302(b)(3)(B)(vi); and
H. R. 4348—487 
‘‘(9) engage in such other activities as the Director deter-
mines to be necessary and as the resources of the Library 
permit. 
‘‘(b) ACCESS.—The Director shall publicize, facilitate, and pro-
mote access to the information products and services described 
in subsection (a), to improve the ability of the transportation 
community to share information and the ability of the Director 
to make statistics and other information readily accessible as 
required under section 6302(b)(3)(B)(x). 
‘‘(c) AGREEMENTS.— 
‘‘(1) IN GENERAL.—To carry out this section, the Director 
may enter into agreements with, award grants to, and receive 
amounts from, any— 
‘‘(A) State or local government; 
‘‘(B) organization; 
‘‘(C) business; or 
‘‘(D) individual. 
‘‘(2) CONTRACTS, GRANTS, AND AGREEMENTS.—The Library 
may initiate and support specific information and data manage-
ment, access, and exchange activities in connection with mat-
ters relating to the Department’s strategic goals, knowledge 
networking, and national and international cooperation, by 
entering into contracts or other agreements or awarding grants 
for the conduct of such activities. 
‘‘(3) AMOUNTS.—Any amounts received by the Library as 
payment for library products and services or other activities 
shall be made available to the Director to carry out this section, 
deposited in the Research and Innovative Technology Adminis-
tration’s general fund account, and remain available until 
expended. 
‘‘§ 6305. Advisory council on transportation statistics 
‘‘(a) IN GENERAL.—The Director shall establish and consult 
with an advisory council on transportation statistics. 
‘‘(b) FUNCTION.—The advisory council established under this 
section shall advise the Director on— 
‘‘(1) the quality, reliability, consistency, objectivity, and 
relevance of transportation statistics and analyses collected, 
supported, or disseminated by the Bureau and the Department; 
and 
‘‘(2) methods to encourage cooperation and interoperability 
of transportation data collected by the Bureau, the operating 
administrations of the Department, States, local governments, 
metropolitan planning organizations, and private sector enti-
ties. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The advisory council shall be composed 
of not fewer than 9 and not more than 11 members appointed 
by the Director. 
‘‘(2) SELECTION.—In selecting members for the advisory 
council, the Director shall appoint individuals who— 
‘‘(A) are not officers or employees of the United States; 
‘‘(B) possess expertise in— 
‘‘(i) transportation data collection, analysis, or 
application; 
‘‘(ii) economics; or 
‘‘(iii) transportation safety; and
H. R. 4348—488 
‘‘(C) represent a cross section of transportation stake-
holders, to the greatest extent possible. 
‘‘(d) TERMS OF APPOINTMENT.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
members of the advisory council shall be appointed to staggered 
terms not to exceed 3 years. 
‘‘(2) ADDITIONAL TERMS.—A member may be renominated 
for 1 additional 3-year term. 
‘‘(3) CURRENT MEMBERS.—A member serving on an advisory 
council on transportation statistics on the day before the date 
of enactment of the Transportation Research and Innovative 
Technology Act of 2012 shall serve until the end of the 
appointed term of the member. 
‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall apply 
to the advisory council established under this section, except that 
section 14 of that Act shall not apply. 
‘‘§ 6306. Transportation statistical collection, analysis, and 
dissemination 
‘‘To ensure that all transportation statistical collection, analysis, 
and dissemination is carried out in a coordinated manner, the 
Director may— 
‘‘(1) use the services, equipment, records, personnel, 
information, and facilities of other Federal agencies, or State, 
local, and private agencies and instrumentalities, subject to 
the conditions that the applicable agency or instrumentality 
consents to that use and with or without reimbursement for 
such use; 
‘‘(2) enter into agreements with the agencies and 
instrumentalities described in paragraph (1) for purposes of 
data collection and analysis; 
‘‘(3) confer and cooperate with foreign governments, inter-
national organizations, and State, municipal, and other local 
agencies; 
‘‘(4) request such information, data, and reports from any 
Federal agency as the Director determines necessary to carry 
out this chapter; 
‘‘(5) encourage replication, coordination, and sharing of 
information among transportation agencies regarding informa-
tion systems, information policy, and data; and 
‘‘(6) confer and cooperate with Federal statistical agencies 
as the Director determines necessary to carry out this chapter, 
including by entering into cooperative data sharing agreements 
in conformity with all laws and regulations applicable to the 
disclosure and use of data. 
‘‘§ 6307. Furnishing of information, data, or reports by Fed-
eral agencies 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), a Fed-
eral agency requested to furnish information, data, or reports by 
the Director under section 6302(b)(3)(B) shall provide the informa-
tion to the Director. 
‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— 
‘‘(1) IN GENERAL.—An officer, employee, or contractor of 
the Bureau may not—
H. R. 4348—489 
‘‘(A) make any disclosure in which the data provided 
by an individual or organization under section 6302(b)(3)(B) 
can be identified; 
‘‘(B) use the information provided under section 
6302(b)(3)(B) for a nonstatistical purpose; or 
‘‘(C) permit anyone other than an individual authorized 
by the Director to examine any individual report provided 
under section 6302(b)(3)(B). 
‘‘(2) COPIES OF REPORTS.— 
‘‘(A) IN
GENERAL.—No department, bureau, agency, 
officer, or employee of the United States (except the 
Director in carrying out this chapter) may require, for 
any reason, a copy of any report that has been filed under 
section 6302(b)(3)(B) with the Bureau or retained by an 
individual respondent. 
‘‘(B) LIMITATION ON JUDICIAL PROCEEDINGS.—A copy 
of a report described in subparagraph (A) that has been 
retained by an individual respondent or filed with the 
Bureau or any of the employees, contractors, or agents 
of the Bureau— 
‘‘(i) shall be immune from legal process; and 
‘‘(ii) shall not, without the consent of the individual 
concerned, be admitted as evidence or used for any 
purpose in any action, suit, or other judicial or adminis-
trative proceedings. 
‘‘(C) APPLICABILITY.—This paragraph shall apply only 
to reports that permit information concerning an individual 
or organization to be reasonably determined by direct or 
indirect means. 
‘‘(3) INFORMING
RESPONDENT
OF
USE
OF
DATA.—If the 
Bureau is authorized by statute to collect data or information 
for a nonstatistical purpose, the Director shall clearly distin-
guish the collection of the data or information, by rule and 
on the collection instrument, in a manner that informs the 
respondent who is requested or required to supply the data 
or information of the nonstatistical purpose. 
‘‘(c) TRANSPORTATION
AND
TRANSPORTATION-RELATED
DATA 
ACCESS.—The Director shall be provided access to any transpor-
tation and transportation-related information in the possession of 
any Federal agency, except— 
‘‘(1) information that is expressly prohibited by law from 
being disclosed to another Federal agency; or 
‘‘(2) information that the agency possessing the information 
determines could not be disclosed without significantly 
impairing the discharge of authorities and responsibilities 
which have been delegated to, or vested by law, in such agency. 
‘‘§ 6308. Proceeds of data product sales 
‘‘Notwithstanding section 3302 of title 31, amounts received 
by the Bureau from the sale of data products for necessary expenses 
incurred may be credited to the Highway Trust Fund (other than 
the Mass Transit Account) for the purpose of reimbursing the 
Bureau for those expenses.
H. R. 4348—490 
‘‘§ 6309. National transportation atlas database 
‘‘(a) IN GENERAL.—The Director shall develop and maintain 
a national transportation atlas database that is comprised of 
geospatial databases that depict— 
‘‘(1) transportation networks; 
‘‘(2) flows of people, goods, vehicles, and craft over the 
transportation networks; and 
‘‘(3) social, economic, and environmental conditions that 
affect or are affected by the transportation networks. 
‘‘(b) INTERMODAL NETWORK ANALYSIS.—The databases referred 
to in subsection (a) shall be capable of supporting intermodal net-
work analysis. 
‘‘§ 6310. Limitations on statutory construction 
‘‘Nothing in this chapter— 
‘‘(1) authorizes the Bureau to require any other Federal 
agency to collect data; or 
‘‘(2) alters or diminishes the authority of any other officer 
of the Department to collect and disseminate data independ-
ently. 
‘‘§ 6311. Research and development grants 
‘‘The Secretary may make grants to, or enter into cooperative 
agreements or contracts with, public and nonprofit private entities 
(including State transportation departments, metropolitan planning 
organizations, and institutions of higher education) for— 
‘‘(1) investigation of the subjects described in section 
6302(b)(3)(B)(vi); 
‘‘(2) research and development of new methods of data 
collection, standardization, management, integration, dissemi-
nation, interpretation, and analysis; 
‘‘(3) demonstration programs by States, local governments, 
and metropolitan planning organizations to coordinate data 
collection, reporting, management, storage, and archiving to 
simplify data comparisons across jurisdictions; 
‘‘(4) development of electronic clearinghouses of transpor-
tation data and related information, as part of the Library; 
and 
‘‘(5) development and improvement of methods for sharing 
geographic data, in support of the database under section 6310 
and the National Spatial Data Infrastructure developed under 
Executive Order No. 12906 (59 Fed. Reg. 17671) (or a successor 
Executive order). 
‘‘§ 6312. Transportation statistics annual report 
‘‘The Director shall submit to the President and Congress a 
transportation statistics annual report, which shall include— 
‘‘(1) information on the progress of the Director in carrying 
out the duties described in section 6302(b)(3)(B); 
‘‘(2) documentation of the methods used to obtain and 
ensure the quality of the statistics presented in the report; 
and 
‘‘(3) any recommendations of the Director for improving 
transportation statistical information.