H. R. 4348—360 
SEC. 31303. PUBLIC AVAILABILITY OF COMMUNICATIONS TO DEALERS. 
(a) INTERNET
ACCESSIBILITY.—Section 30166(f) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘A manufacturer shall give the Secretary 
of Transportation’’ and inserting the following: 
‘‘(1) IN GENERAL.—A manufacturer shall give the Secretary 
of Transportation, and the Secretary shall make available on 
a publicly accessible Internet website,’’; and 
(2) by adding at the end the following: 
‘‘(2) INDEX.—Communications required to be submitted to 
the Secretary under this subsection shall be accompanied by 
an index to each communication, that— 
‘‘(A) identifies the make, model, and model year of 
the affected vehicles; 
‘‘(B) includes a concise summary of the subject matter 
of the communication; and 
‘‘(C) shall be made available by the Secretary to the 
public on the Internet in a searchable format.’’. 
SEC. 31304. CORPORATE RESPONSIBILITY FOR NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION REPORTS. 
(a) IN GENERAL.—Section 30166 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 
‘‘(1) IN
GENERAL.—The Secretary may promulgate rules 
requiring a senior official responsible for safety in any company 
submitting information to the Secretary in response to a request 
for information in a safety defect or compliance investigation 
under this chapter to certify that— 
‘‘(A) the signing official has reviewed the submission; 
and 
‘‘(B) based on the official’s knowledge, the submission 
does not— 
‘‘(i) contain any untrue statement of a material 
fact; or 
‘‘(ii) omit to state a material fact necessary in 
order to make the statements made not misleading, 
in light of the circumstances under which such state-
ments were made. 
‘‘(2) NOTICE.—The certification requirements of this section 
shall be clearly stated on any request for information under 
paragraph (1).’’. 
(b) CIVIL PENALTY.—Section 30165(a) of title 49, United States 
Code, is amended— 
(1) in paragraph (3), by striking ‘‘A person’’ and inserting 
‘‘Except as provided in paragraph (4), a person’’; and 
(2) by adding at the end the following: 
‘‘(4) FALSE OR MISLEADING REPORTS.—A person who know-
ingly and willfully submits materially false or misleading 
information to the Secretary, after certifying the same informa-
tion as accurate under the certification process established 
pursuant to section 30166(o), shall be subject to a civil penalty 
of not more than $5,000 per day. The maximum penalty under 
this paragraph for a related series of daily violations is 
$1,000,000.’’.
H. R. 4348—361 
SEC. 31305. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM. 
(a) DEFINITION.—Section 32301 of title 49, United States Code, 
is amended— 
(1) by redesignating paragraphs (1) and (2) as paragraphs 
(2) and (3), respectively; 
(2) by inserting before paragraph (2), as redesignated, the 
following: 
‘‘(1) ‘crash avoidance’ means preventing or mitigating a 
crash;’’; and 
(3) in paragraph (2), as redesignated, by striking the period 
at the end and inserting ‘‘; and’’. 
(b) INFORMATION
INCLUDED.—Section 32302(a) of title 49, 
United States Code, is amended— 
(1) in paragraph (2), by inserting ‘‘, crash avoidance, and 
any other areas the Secretary determines will improve the 
safety of passenger motor vehicles’’ after ‘‘crashworthiness’’; 
and 
(2) by striking paragraph (4). 
SEC. 31306. PROMOTION OF VEHICLE DEFECT REPORTING. 
Section 32302 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFORMATION.— 
‘‘(1) RULEMAKING REQUIRED.—Not later than 1 year after 
the date of enactment of the Motor Vehicle and Highway Safety 
Improvement Act of 2012, the Secretary shall prescribe regula-
tions that require passenger motor vehicle manufacturers— 
‘‘(A) to affix, in the glove compartment or in another 
readily accessible location on the vehicle, a sticker, decal, 
or other device that provides, in simple and understandable 
language, information about how to submit a safety-related 
motor vehicle defect complaint to the National Highway 
Traffic Safety Administration; 
‘‘(B) to prominently print the information described 
in subparagraph (A) within the owner’s manual; and 
‘‘(C) to not place such information on the label required 
under section 3 of the Automobile Information Disclosure 
Act (15 U.S.C. 1232). 
‘‘(2) APPLICATION.—The requirements under paragraph (1) 
shall apply to passenger motor vehicles manufactured in any 
model year beginning more than 1 year after the date on 
which a final rule is published under paragraph (1).’’. 
SEC. 31307. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE 
MANUFACTURERS, PART SUPPLIERS, AND DEALERSHIP 
EMPLOYEES. 
(a) IN GENERAL.—Subchapter IV of chapter 301 of title 49, 
United States Code, is amended by adding at the end the following: 
‘‘§ 30171. Protection of employees providing motor vehicle 
safety information 
‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF MANUFACTURERS, 
PART SUPPLIERS, AND DEALERSHIPS.—No motor vehicle manufac-
turer, part supplier, or dealership may discharge an employee or 
otherwise discriminate against an employee with respect to com-
pensation, terms, conditions, or privileges of employment because
H. R. 4348—362 
the employee (or any person acting pursuant to a request of the 
employee)— 
‘‘(1) provided, caused to be provided, or is about to provide 
(with any knowledge of the employer) or cause to be provided 
to the employer or the Secretary of Transportation information 
relating to any motor vehicle defect, noncompliance, or any 
violation or alleged violation of any notification or reporting 
requirement of this chapter; 
‘‘(2) has filed, caused to be filed, or is about to file (with 
any knowledge of the employer) or cause to be filed a proceeding 
relating to any violation or alleged violation of any motor vehicle 
defect, noncompliance, or any violation or alleged violation of 
any notification or reporting requirement of this chapter; 
‘‘(3) testified or is about to testify in such a proceeding; 
‘‘(4) assisted or participated or is about to assist or partici-
pate in such a proceeding; or 
‘‘(5) objected to, or refused to participate in, any activity 
that the employee reasonably believed to be in violation of 
any provision of chapter 301 of this title, or any order, rule, 
regulation, standard, or ban under such provision. 
‘‘(b) COMPLAINT PROCEDURE.— 
‘‘(1) FILING AND NOTIFICATION.—A person who believes that 
he or she has been discharged or otherwise discriminated 
against by any person in violation of subsection (a) may file 
(or have any person file on his or her behalf), not later than 
180 days after the date on which such violation occurs, a 
complaint with the Secretary of Labor (hereinafter in this sec-
tion referred to as the ‘Secretary’) alleging such discharge or 
discrimination. Upon receipt of such a complaint, the Secretary 
shall notify, in writing, the person named in the complaint 
of the filing of the complaint, of the allegations contained in 
the complaint, of the substance of evidence supporting the 
complaint, and of the opportunities that will be afforded to 
such person under paragraph (2). 
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 
‘‘(A) IN GENERAL.—Not later than 60 days after the 
date of receipt of a complaint filed under paragraph (1) 
and after affording the person named in the complaint 
an opportunity to submit to the Secretary a written 
response to the complaint and an opportunity to meet 
with a representative of the Secretary to present state-
ments from witnesses, the Secretary shall conduct an inves-
tigation and determine whether there is reasonable cause 
to believe that the complaint has merit and notify, in 
writing, the complainant and the person alleged to have 
committed a violation of subsection (a) of the Secretary’s 
findings. If the Secretary concludes that there is a reason-
able cause to believe that a violation of subsection (a) 
has occurred, the Secretary shall accompany the Secretary’s 
findings with a preliminary order providing the relief pre-
scribed by paragraph (3)(B). Not later than 30 days after 
the date of notification of findings under this paragraph, 
either the person alleged to have committed the violation 
or the complainant may file objections to the findings or 
preliminary order, or both, and request a hearing on the 
record. The filing of such objections shall not operate to
H. R. 4348—363 
stay any reinstatement remedy contained in the prelimi-
nary order. Such hearings shall be conducted expeditiously. 
If a hearing is not requested in such 30-day period, the 
preliminary order shall be deemed a final order that is 
not subject to judicial review. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) REQUIRED
SHOWING
BY
COMPLAINANT.—The 
Secretary shall dismiss a complaint filed under this 
subsection and shall not conduct an investigation 
otherwise required under subparagraph (A) unless the 
complainant makes a prima facie showing that any 
behavior described in paragraphs (1) through (5) of 
subsection (a) was a contributing factor in the unfavor-
able personnel action alleged in the complaint. 
‘‘(ii) SHOWING BY EMPLOYER.—Notwithstanding a 
finding by the Secretary that the complainant has 
made the showing required under clause (i), no inves-
tigation otherwise required under subparagraph (A) 
shall be conducted if the employer demonstrates, by 
clear and convincing evidence, that the employer would 
have taken the same unfavorable personnel action in 
the absence of that behavior. 
‘‘(iii) CRITERIA
FOR
DETERMINATION
BY
SEC-
RETARY.—The Secretary may determine that a violation 
of subsection (a) has occurred only if the complainant 
demonstrates that any behavior described in para-
graphs (1) through (5) of subsection (a) was a contrib-
uting factor in the unfavorable personnel action alleged 
in the complaint. 
‘‘(iv) PROHIBITION.—Relief may not be ordered 
under subparagraph (A) if the employer demonstrates, 
by clear and convincing evidence, that the employer 
would have taken the same unfavorable personnel 
action in the absence of that behavior. 
‘‘(3) FINAL ORDER.— 
‘‘(A) DEADLINE
FOR
ISSUANCE; SETTLEMENT
AGREE-
MENTS.—Not later than 120 days after the date of conclu-
sion of a hearing under paragraph (2), the Secretary shall 
issue a final order providing the relief prescribed by this 
paragraph or denying the complaint. At any time before 
issuance of a final order, a proceeding under this subsection 
may be terminated on the basis of a settlement agreement 
entered into by the Secretary, the complainant, and the 
person alleged to have committed the violation. 
‘‘(B) REMEDY.—If, in response to a complaint filed 
under paragraph (1), the Secretary determines that a viola-
tion of subsection (a) has occurred, the Secretary shall 
order the person who committed such violation— 
‘‘(i) to take affirmative action to abate the violation; 
‘‘(ii) to reinstate the complainant to his or her 
former position together with the compensation 
(including back pay) and restore the terms, conditions, 
and privileges associated with his or her employment; 
and 
‘‘(iii) to provide compensatory damages to the 
complainant.
H. R. 4348—364 
‘‘(C) ATTORNEYS’ FEES.—If such an order is issued 
under this paragraph, the Secretary, at the request of 
the complainant, shall assess against the person against 
whom the order is issued a sum equal to the aggregate 
amount of all costs and expenses (including attorneys’ and 
expert witness fees) reasonably incurred, as determined 
by the Secretary, by the complainant for, or in connection 
with, bringing the complaint upon which the order was 
issued. 
‘‘(D) FRIVOLOUS COMPLAINTS.—If the Secretary deter-
mines that a complaint under paragraph (1) is frivolous 
or has been brought in bad faith, the Secretary may award 
to the prevailing employer a reasonable attorney’s fee not 
exceeding $1,000. 
‘‘(E) DE NOVO REVIEW.—With respect to a complaint 
under paragraph (1), if the Secretary has not issued a 
final decision within 210 days after the filing of the com-
plaint and if the delay is not due to the bad faith of 
the employee, the employee may bring an original action 
at law or equity for de novo review in the appropriate 
district court of the United States, which shall have juris-
diction over such an action without regard to the amount 
in controversy, and which action shall, at the request of 
either party to the action, be tried by the court with a 
jury. The action shall be governed by the same legal bur-
dens of proof specified in paragraph (2)(B) for review by 
the Secretary. 
‘‘(4) REVIEW.— 
‘‘(A) APPEAL
TO
COURT
OF
APPEALS.—Any person 
adversely affected or aggrieved by an order issued under 
paragraph (3) may obtain review of the order in the United 
States Court of Appeals for the circuit in which the viola-
tion, with respect to which the order was issued, allegedly 
occurred or the circuit in which the complainant resided 
on the date of such violation. The petition for review shall 
be filed not later than 60 days after the date of the issuance 
of the final order of the Secretary. Review shall conform 
to chapter 7 of title 5. The commencement of proceedings 
under this subparagraph shall not, unless ordered by the 
court, operate as a stay of the order. 
‘‘(B) LIMITATION
ON
COLLATERAL
ATTACK.—An order 
of the Secretary with respect to which review could have 
been obtained under subparagraph (A) shall not be subject 
to judicial review in any criminal or other civil proceeding. 
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.—Whenever 
any person fails to comply with an order issued under para-
graph (3), the Secretary may file a civil action in the United 
States district court for the district in which the violation 
was found to occur to enforce such order. In actions brought 
under this paragraph, the district courts shall have jurisdiction 
to grant all appropriate relief, including injunctive relief and 
compensatory damages. 
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 
‘‘(A) COMMENCEMENT OF ACTION.—A person on whose 
behalf an order was issued under paragraph (3) may com-
mence a civil action against the person to whom such 
order was issued to require compliance with such order.
H. R. 4348—365 
The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce such order. 
‘‘(B) ATTORNEY FEES.—The court, in issuing any final 
order under this paragraph, may award costs of litigation 
(including reasonable attorney and expert witness fees) 
to any party whenever the court determines such award 
is appropriate. 
‘‘(c) MANDAMUS.—Any nondiscretionary duty imposed under 
this section shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28. 
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLATIONS.—Sub-
section (a) shall not apply with respect to an employee of a motor 
vehicle manufacturer, part supplier, or dealership who, acting with-
out direction from such motor vehicle manufacturer, part supplier, 
or dealership (or such person’s agent), deliberately causes a violation 
of any requirement relating to motor vehicle safety under this 
chapter.’’. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later 
than 2 years after the date of enactment of this Act, the Comptroller 
General of the United States shall— 
(1) conduct a study of the whistleblower protections estab-
lished by law with respect to this program, and update its 
study of other such programs administered by the Secretary 
of Transportation; and 
(2) submit to Congress a report of the results of the study 
under paragraph (1), including— 
(A) an identification of the differences between the 
provisions applicable to different programs, the number 
of claims brought pursuant to each provision, and the out-
come of each claim; and 
(B) any recommendations for program changes that 
the Comptroller General considers appropriate based on 
the study under paragraph (1). 
(c) CONFORMING AMENDMENT.—The table of sections for chapter 
301 of title 49, United States Code, is amended by inserting after 
the item relating to section 30170 the following: 
‘‘30171. Protection of employees providing motor vehicle safety information.’’. 
SEC. 31308. ANTI-REVOLVING DOOR. 
(a) STUDY OF DEPARTMENT OF TRANSPORTATION POLICIES ON 
OFFICIAL COMMUNICATION WITH FORMER MOTOR VEHICLE SAFETY 
ISSUE EMPLOYEES.—Not later than 1 year after the date of enact-
ment of this Act, the Inspector General of the Department of 
Transportation shall— 
(1) review the Department of Transportation’s policies and 
procedures applicable to official communication with former 
employees concerning motor vehicle safety compliance matters 
for which they had responsibility during the last 12 months 
of their tenure at the Department, including any limitations 
on the ability of such employees to submit comments, or other-
wise communicate directly with the Department, on motor 
vehicle safety issues; and 
(2) submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives that contains
H. R. 4348—366 
the Inspector General’s findings, conclusions, and recommenda-
tions for strengthening those policies and procedures to mini-
mize the risk of undue influence without compromising the 
ability of the Department to employ and retain highly qualified 
individuals for such responsibilities. 
(b) POST-EMPLOYMENT POLICY STUDY.— 
(1) IN GENERAL.—The Inspector General of the Department 
of Transportation shall conduct a study of the Department’s 
policies relating to post-employment restrictions on employees 
who perform functions related to transportation safety. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Inspector General shall submit a report 
containing the results of the study conducted under paragraph 
(1) to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Energy and Commerce of the 
House of Representatives; and 
(C) the Secretary of Transportation. 
(3) USE OF RESULTS.—The Secretary of Transportation shall 
review the results of the study conducted under paragraph 
(1) and take whatever action the Secretary determines to be 
appropriate. 
SEC. 31309. STUDY OF CRASH DATA COLLECTION. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit a report to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives regarding the quality of data collected through 
the National Automotive Sampling System, including the Special 
Crash Investigations Program. 
(b) REVIEW.—The Administrator of the National Highway 
Traffic Safety Administration (referred to in this section as the 
‘‘Administration’’) shall conduct a comprehensive review of the data 
elements collected from each crash to determine if additional data 
should be collected. The review under this subsection shall include 
input from interested parties, including suppliers, automakers, 
safety advocates, the medical community, and research organiza-
tions. 
(c) CONTENTS.—The report issued under this section shall 
include— 
(1) the analysis and conclusions the Administration can 
reach from the amount of motor vehicle crash data collected 
in a given year; 
(2) the additional analysis and conclusions the Administra-
tion could reach if more crash investigations were conducted 
each year; 
(3) the number of investigations per year that would allow 
for optimal data analysis and crash information; 
(4) the results of the comprehensive review conducted 
pursuant to subsection (b); 
(5) the incremental costs of collecting and analyzing addi-
tional data, as well as data from additional crashes; 
(6) the potential for obtaining private funding for all or 
a portion of the costs under paragraph (5);
H. R. 4348—367 
(7) the potential for recovering any additional costs from 
high volume users of the data, while continuing to make the 
data available to the general public free of charge; 
(8) the advantages or disadvantages of expanding collection 
of non-crash data instead of crash data; 
(9) recommendations for improvements to the Administra-
tion’s data collection program; and 
(10) the resources needed by the Administration to imple-
ment such recommendations. 
SEC. 31310. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING 
EFFICACY OF RECALLS. 
(a) UPDATE OF MEANS OF PROVIDING NOTIFICATION.—Section 
30119(d) of title 49, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘by first class mail’’ and 
inserting ‘‘in the manner prescribed by the Secretary, by regula-
tion’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘(except a tire) shall be sent by first 
class mail’’ and inserting ‘‘shall be sent in the manner 
prescribed by the Secretary, by regulation,’’; and 
(B) by striking the second sentence; 
(3) in paragraph (3)— 
(A) by striking the first sentence; 
(B) by inserting ‘‘to the notification required under 
paragraphs (1) and (2)’’ after ‘‘addition’’; and 
(C) by inserting ‘‘by the manufacturer’’ after ‘‘given’’; 
and 
(4) in paragraph (4), by striking ‘‘by certified mail or quicker 
means if available’’ and inserting ‘‘in the manner prescribed 
by the Secretary, by regulation’’. 
(b) IMPROVING EFFICACY OF RECALLS.—Section 30119(e) of title 
49, United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘SECOND’’ and 
inserting ‘‘ADDITIONAL’’; 
(2) by striking ‘‘If the Secretary’’ and inserting the fol-
lowing: 
‘‘(1) SECOND NOTIFICATION.—If the Secretary’’; and 
(3) by adding at the end the following: 
‘‘(2) ADDITIONAL
NOTIFICATIONS.—If the Secretary deter-
mines, after taking into account the severity of the defect 
or noncompliance, that the second notification by a manufac-
turer does not result in an adequate number of motor vehicles 
or items of replacement equipment being returned for remedy, 
the Secretary may order the manufacturer— 
‘‘(A)(i) to send additional notifications in the manner 
prescribed by the Secretary, by regulation; or 
‘‘(ii) to take additional steps to locate and notify each 
person registered under State law as the owner or lessee 
or the most recent purchaser or lessee, as appropriate; 
and 
‘‘(B) to emphasize the magnitude of the safety risk 
caused by the defect or noncompliance in such notification.’’. 
SEC. 31311. EXPANDING CHOICES OF REMEDY AVAILABLE TO MANU-
FACTURERS OF REPLACEMENT EQUIPMENT. 
Section 30120 of title 49, United States Code, is amended—
H. R. 4348—368 
(1) in subsection (a)(1), by amending subparagraph (B) 
to read as follows: 
‘‘(B) if replacement equipment, by repairing the equip-
ment, replacing the equipment with identical or reasonably 
equivalent equipment, or by refunding the purchase price.’’; 
(2) in the heading of subsection (i), by adding ‘‘OF NEW 
VEHICLES OR EQUIPMENT’’ at the end; and 
(3) in the heading of subsection (j), by striking ‘‘REPLACED’’ 
and inserting ‘‘REPLACEMENT’’. 
SEC. 31312. RECALL OBLIGATIONS AND BANKRUPTCY OF MANUFAC-
TURER. 
(a) IN GENERAL.—Chapter 301 of title 49, United States Code, 
is amended by inserting the following after section 30120: 
‘‘§ 30120A. Recall obligations and bankruptcy of a manufac-
turer 
‘‘A manufacturer’s filing of a petition in bankruptcy under 
chapter 11 of title 11, does not negate the manufacturer’s duty 
to comply with section 30112 or sections 30115 through 30120 
of this title. In any bankruptcy proceeding, the manufacturer’s 
obligations under such sections shall be treated as a claim of 
the United States Government against such manufacturer, subject 
to subchapter II of chapter 37 of title 31, United States Code, 
and given priority pursuant to section 3713(a)(1)(A) of such chapter, 
notwithstanding section 3713(a)(2), to ensure that consumers are 
adequately protected from any safety defect or noncompliance deter-
mined to exist in the manufacturer’s products. This section shall 
apply equally to actions of a manufacturer taken before or after 
the filing of a petition in bankruptcy.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis of chapter 
301 of title 49, United States Code, is amended by inserting after 
the item relating to section 30120 the following: 
‘‘30120A. Recall obligations and bankruptcy of a manufacturer.’’. 
SEC. 31313. REPEAL OF INSURANCE REPORTS AND INFORMATION 
PROVISION. 
Chapter 331 of title 49, United States Code, is amended— 
(1) in the chapter analysis, by striking the item relating 
to section 33112; and 
(2) by striking section 33112. 
SEC. 31314. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY 
RATING CATEGORIES. 
Section 3(g)(2) of the Automobile Information Disclosure Act 
(15 U.S.C. 1232(g)(2)), is amended by inserting ‘‘safety rating cat-
egories that may include’’ after ‘‘refers to’’. 
Subtitle D—Vehicle Electronics and Safety 
Standards 
SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
ELECTRONICS, SOFTWARE, AND ENGINEERING EXPER-
TISE. 
(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE SOFTWARE, 
AND EMERGING TECHNOLOGIES.—
H. R. 4348—369 
(1) IN GENERAL.—The Secretary shall establish, within the 
National Highway Traffic Safety Administration, a Council for 
Vehicle Electronics, Vehicle Software, and Emerging Tech-
nologies (referred to in this section as the ‘‘Council’’) to build, 
integrate, and aggregate the Administration’s expertise in pas-
senger motor vehicle electronics and other new and emerging 
technologies. 
(2) IMPLEMENTATION
OF
ROADMAP.—The Council shall 
research the inclusion of emerging lightweight plastic and com-
posite technologies in motor vehicles to increase fuel efficiency, 
lower emissions, meet fuel economy standards, and enhance 
passenger motor vehicle safety through continued utilization 
of the Administration’s Plastic and Composite Intensive Vehicle 
Safety Roadmap (Report No. DOT HS 810 863). 
(3) 
INTRA-AGENCY
COORDINATION.—The 
Council 
shall 
coordinate with all components of the Administration respon-
sible for vehicle safety, including research and development, 
rulemaking, and defects investigation. 
(b) HONORS RECRUITMENT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall establish, within 
the National Highway Traffic Safety Administration, an honors 
program for engineering students, computer science students, 
and other students interested in vehicle safety that will enable 
such students to train with engineers and other safety officials 
for careers in vehicle safety. 
(2) STIPEND.—The Secretary is authorized to provide a 
stipend to any student during the student’s participation in 
the program established under paragraph (1). 
(c) ASSESSMENT.—The Council, in consultation with affected 
stakeholders, shall periodically assess the implications of emerging 
safety technologies in passenger motor vehicles, including the effect 
of such technologies on consumers, product availability, and cost. 
SEC. 31402. ELECTRONIC SYSTEMS PERFORMANCE. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall complete an examination 
of the need for safety standards with regard to electronic systems 
in passenger motor vehicles. In conducting this examination, the 
Secretary shall— 
(1) consider the electronic components, the interaction of 
electronic components, the security needs for those electronic 
systems to prevent unauthorized access, and the effect of sur-
rounding environments on the electronic systems; and 
(2) allow for public comment. 
(b) REPORT.—Upon completion of the examination under sub-
section (a), the Secretary shall submit a report on the highest 
priority areas for safety with regard to the electronic systems to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Energy and Commerce of the House 
of Representatives. 
Subtitle E—Child Safety Standards 
SEC. 31501. CHILD SAFETY SEATS. 
(a) SIDE IMPACT CRASHES.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall issue a final
H. R. 4348—370 
rule amending Federal Motor Vehicle Safety Standard Number 
213 to improve the protection of children seated in child restraint 
systems during side impact crashes. 
(b) FRONTAL IMPACT TEST PARAMETERS.— 
(1) COMMENCEMENT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall commence a rule-
making proceeding to amend the standard seat assembly speci-
fications under Federal Motor Vehicle Safety Standard Number 
213 to better simulate a single representative motor vehicle 
rear seat. 
(2) FINAL RULE.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall issue a final 
rule pursuant to paragraph (1). 
SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS. 
(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than 
1 year after the date of enactment of this Act, the Secretary shall 
initiate a rulemaking proceeding to amend Federal Motor Vehicle 
Safety Standard Number 225 (relating to child restraint anchorage 
systems) to improve the ease of use for lower anchorages and 
tethers in all rear seat seating positions if such anchorages and 
tethers are feasible. 
(b) FINAL RULE.— 
(1) IN GENERAL.—Except as provided under paragraph (2) 
and section 31505, the Secretary shall issue a final rule under 
subsection (a) not later than 3 years after the date of enactment 
of this Act. 
(2) REPORT.—If the Secretary determines that an amend-
ment to the standard referred to in subsection (a) does not 
meet the requirements and considerations set forth in sub-
sections (a) and (b) of section 30111 of title 49, United States 
Code, the Secretary shall submit a report describing the reasons 
for not prescribing such a standard to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(B) the Committee on Energy and Commerce of the 
House of Representatives. 
SEC. 31503. REAR SEAT BELT REMINDERS. 
(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than 
2 years after the date of enactment of this Act, the Secretary 
shall initiate a rulemaking proceeding to amend Federal Motor 
Vehicle Safety Standard Number 208 (relating to occupant crash 
protection) to provide a safety belt use warning system for des-
ignated seating positions in the rear seat. 
(b) FINAL RULE.— 
(1) IN GENERAL.—Except as provided under paragraph (2) 
and section 31505, the Secretary shall issue a final rule under 
subsection (a) not later than 3 years after the date of enactment 
of this Act. 
(2) REPORT.—If the Secretary determines that an amend-
ment to the standard referred to in subsection (a) does not 
meet the requirements and considerations set forth in sub-
sections (a) and (b) of section 30111 of title 49, United States 
Code, the Secretary shall submit a report describing the reasons 
for not prescribing such a standard to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; and
H. R. 4348—371 
(B) the Committee on Energy and Commerce of the 
House of Representatives. 
SEC. 31504. UNATTENDED PASSENGER REMINDERS. 
(a) SAFETY RESEARCH INITIATIVE.—The Secretary may initiate 
research into effective ways to minimize the risk of hyperthermia 
or hypothermia to children or other unattended passengers in rear 
seating positions. 
(b) RESEARCH AREAS.—In carrying out subsection (a), the Sec-
retary may conduct research into the potential viability of— 
(1) vehicle technology to provide an alert that a child or 
unattended passenger remains in a rear seating position after 
the vehicle motor is disengaged; or 
(2) public awareness campaigns to educate drivers on the 
risks of leaving a child or unattended passenger in a vehicle 
after the vehicle motor is disengaged; or 
(3) other ways to mitigate risk. 
(c) COORDINATION WITH OTHER AGENCIES.—The Secretary may 
collaborate with other Federal agencies in conducting the research 
under this section. 
SEC. 31505. NEW DEADLINE. 
If the Secretary determines that any deadline for issuing a 
final rule under this Act cannot be met, the Secretary shall— 
(1) provide the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives with an expla-
nation for why such deadline cannot be met; and 
(2) establish a new deadline for that rule. 
Subtitle F—Improved Daytime and Night-
time Visibility of Agricultural Equipment 
SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICULTURAL EQUIP-
MENT. 
(a) DEFINITIONS.—In this section: 
(1) AGRICULTURAL
EQUIPMENT.—The term ‘‘agricultural 
equipment’’ has the meaning given the term ‘‘agricultural field 
equipment’’ in ASABE Standard 390.4, entitled ‘‘Definitions 
and Classifications of Agricultural Field Equipment’’, which 
was published in January 2005 by the American Society of 
Agriculture and Biological Engineers, or any successor 
standard. 
(2) PUBLIC ROAD.—The term ‘‘public road’’ has the meaning 
given the term in section 101(a)(27) of title 23, United States 
Code. 
(b) RULEMAKING.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Transportation, after 
consultation with representatives of the American Society of 
Agricultural and Biological Engineers and appropriate Federal 
agencies, and with other appropriate persons, shall promulgate 
a rule to improve the daytime and nighttime visibility of agri-
cultural equipment that may be operated on a public road. 
(2) MINIMUM STANDARDS.—The rule promulgated pursuant 
to this subsection shall—
H. R. 4348—372 
(A) establish minimum lighting and marking standards 
for applicable agricultural equipment manufactured at least 
1 year after the date on which such rule is promulgated; 
and 
(B) provide for the methods, materials, specifications, 
and equipment to be employed to comply with such stand-
ards, which shall be equivalent to ASABE Standard 279.14, 
entitled ‘‘Lighting and Marking of Agricultural Equipment 
on Highways’’, which was published in July 2008 by the 
American Society of Agricultural and Biological Engineers, 
or any successor standard. 
(c) REVIEW.—Not less frequently than once every 5 years, the 
Secretary of Transportation shall— 
(1) review the standards established pursuant to subsection 
(b); and 
(2) revise such standards to reflect the revision of ASABE 
Standard 279 that is in effect at the time of such review. 
(d) LIMITATIONS.— 
(1) COMPLIANCE WITH SUCCESSOR STANDARDS.—Any rule 
promulgated pursuant to this section may not prohibit the 
operation on public roads of agricultural equipment that is 
equipped in accordance with any adopted revision of ASABE 
Standard 279 that is later than the revision of such standard 
that was referenced during the promulgation of the rule. 
(2) NO
RETROFITTING
REQUIRED.—Any rule promulgated 
pursuant to this section may not require the retrofitting of 
agricultural equipment that was manufactured before the date 
on which the lighting and marking standards are enforceable 
under subsection (b)(2)(A). 
(3) NO
EFFECT
ON
ADDITIONAL
MATERIALS
AND
EQUIP-
MENT.—Any rule promulgated pursuant to this section may 
not prohibit the operation on public roads of agricultural equip-
ment that is equipped with materials or equipment that are 
in addition to the minimum materials and equipment specified 
in the standard upon which such rule is based. 
TITLE II—COMMERCIAL MOTOR VEHI-
CLE SAFETY ENHANCEMENT ACT OF 
2012 
SEC. 32001. SHORT TITLE. 
This title may be cited as the ‘‘Commercial Motor Vehicle 
Safety Enhancement Act of 2012’’. 
SEC. 32002. REFERENCES TO TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
49, United States Code.
H. R. 4348—373 
Subtitle A—Commercial Motor Vehicle 
Registration 
SEC. 32101. REGISTRATION OF MOTOR CARRIERS. 
(a) REGISTRATION
REQUIREMENTS.—Section 13902(a)(1) is 
amended to read as follows: 
‘‘(1) IN GENERAL.—Except as otherwise provided in this 
section, the Secretary of Transportation shall register a person 
to provide transportation subject to jurisdiction under sub-
chapter I of chapter 135 as a motor carrier only if the Secretary 
determines that the person— 
‘‘(A) is willing and able to comply with— 
‘‘(i) this part and the applicable regulations of the 
Secretary and the Board; 
‘‘(ii) any safety regulations imposed by the Sec-
retary; 
‘‘(iii) the duties of employers and employees estab-
lished by the Secretary under section 31135; 
‘‘(iv) the safety fitness requirements established 
by the Secretary under section 31144; 
‘‘(v) the accessibility requirements established by 
the Secretary under subpart H of part 37 of title 49, 
Code of Federal Regulations (or successor regulations), 
for transportation provided by an over-the-road bus; 
and 
‘‘(vi) the minimum financial responsibility require-
ments established by the Secretary under sections 
13906, 31138, and 31139; 
‘‘(B) has been issued a USDOT number under section 
31134; 
‘‘(C) has disclosed any relationship involving common 
ownership, common management, common control, or 
common familial relationship between that person and any 
other motor carrier, freight forwarder, or broker, or any 
other applicant for motor carrier, freight forwarder, or 
broker registration, if the relationship occurred in the 3- 
year period preceding the date of the filing of the applica-
tion for registration; and 
‘‘(D) after the Secretary establishes a written pro-
ficiency examination pursuant to section 32101(b) of the 
Commercial Motor Vehicle Safety Enhancement Act of 
2012, has passed the written proficiency examination.’’. 
(b) WRITTEN PROFICIENCY EXAMINATION.— 
Not later than 18 months after the date of enactment 
of this Act, the Secretary shall establish through a rulemaking 
a written proficiency examination for applicant motor carriers 
pursuant to section 13902(a)(1)(D) of title 49, United States 
Code. The written proficiency examination shall test a person’s 
knowledge of applicable safety regulations, standards, and 
orders of the Federal government. 
(c) CONFORMING AMENDMENT.—Section 210(b) of the Motor Car-
rier Safety Improvement Act of 1999 (49 U.S.C. 31144 note) is 
amended— 
(1) by inserting ‘‘, commercial regulations, and provisions 
of subpart H of part 37 of title 49, Code of Federal Regulations,
H. R. 4348—374 
or successor regulations’’ after ‘‘applicable safety regulations’’; 
and 
(2) by striking ‘‘consider the establishment of’’ and inserting 
‘‘establish’’. 
(d) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM 
SUPPLIES.—Section 229(a)(1) of the Motor Carrier Safety Improve-
ment Act of 1999 (49 U.S.C. 31136 note) is amended to read as 
follows: 
‘‘(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND 
FARM SUPPLIES.—Regulations prescribed by the Secretary under 
sections 31136 and 31502 regarding maximum driving and 
on-duty time for drivers used by motor carriers shall not apply 
during planting and harvest periods, as determined by each 
State, to— 
‘‘(A) drivers transporting agricultural commodities from 
the source of the agricultural commodities to a location 
within a 150 air-mile radius from the source; 
‘‘(B) drivers transporting farm supplies for agricultural 
purposes from a wholesale or retail distribution point of 
the farm supplies to a farm or other location where the 
farm supplies are intended to be used within a 150 air- 
mile radius from the distribution point; or 
‘‘(C) drivers transporting farm supplies for agricultural 
purposes from a wholesale distribution point of the farm 
supplies to a retail distribution point of the farm supplies 
within a 150 air-mile radius from the wholesale distribution 
point.’’. 
SEC. 32102. SAFETY FITNESS OF NEW OPERATORS. 
(a) SAFETY REVIEWS OF NEW OPERATORS.—Section 31144(g)(1) 
is amended to read as follows: 
‘‘(1) SAFETY REVIEW.— 
‘‘(A) IN GENERAL.—Except as provided under subpara-
graph (B), the Secretary shall require, by regulation, each 
owner and each operator granted new registration under 
section 13902 or 31134 to undergo a safety review not 
later than 12 months after the owner or operator, as the 
case may be, begins operations under such registration. 
‘‘(B) PROVIDERS OF MOTORCOACH SERVICES.—The Sec-
retary shall require, by regulation, each owner and each 
operator granted new registration to transport passengers 
under section 13902 or 31134 to undergo a safety review 
not later than 120 days after the owner or operator, as 
the case may be, begins operations under such registra-
tion.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect 1 year after the date of enactment of this 
Act. 
SEC. 32103. REINCARNATED CARRIERS. 
(a) EFFECTIVE PERIODS OF REGISTRATION.— 
(1) SUSPENSIONS, AMENDMENTS, AND REVOCATIONS.—Sec-
tion 13905(d) is amended— 
(A) by redesignating paragraph (2) as paragraph (4); 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) APPLICATIONS.—On application of the registrant, the 
Secretary may amend or revoke a registration.
H. R. 4348—375 
‘‘(2) COMPLAINTS AND ACTIONS ON SECRETARY’S OWN INITIA-
TIVE.—On complaint or on the Secretary’s own initiative and 
after notice and an opportunity for a proceeding, the Secretary 
may— 
‘‘(A) suspend, amend, or revoke any part of the registra-
tion of a motor carrier, broker, or freight forwarder for 
willful failure to comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order of the Sec-
retary or the Board, including the accessibility require-
ments established by the Secretary under subpart H 
of part 37 of title 49, Code of Federal Regulations 
(or successor regulations), for transportation provided 
by an over-the-road bus; or 
‘‘(iii) a condition of its registration; 
‘‘(B) withhold, suspend, amend, or revoke any part 
of the registration of a motor carrier, broker, or freight 
forwarder for failure— 
‘‘(i) to pay a civil penalty imposed under chapter 
5, 51, 149, or 311; 
‘‘(ii) to arrange and abide by an acceptable pay-
ment plan for such civil penalty, not later than 90 
days after the date specified by order of the Secretary 
for the payment of such penalty; or 
‘‘(iii) for failure to obey a subpoena issued by the 
Secretary; 
‘‘(C) withhold, suspend, amend, or revoke any part 
of a registration of a motor carrier, broker, or freight for-
warder following a determination by the Secretary that 
the motor carrier, broker, or freight forwarder failed to 
disclose, in its application for registration, a material fact 
relevant to its willingness and ability to comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order of the Sec-
retary or the Board; or 
‘‘(iii) a condition of its registration; or 
‘‘(D) withhold, suspend, amend, or revoke any part 
of a registration of a motor carrier, broker, or freight for-
warder if the Secretary finds that— 
‘‘(i) the motor carrier, broker, or freight forwarder 
does not disclose any relationship through common 
ownership, common management, common control, or 
common familial relationship to any other motor car-
rier, broker, or freight forwarder, or any other 
applicant for motor carrier, broker, or freight forwarder 
registration that the Secretary determines is or was 
unwilling or unable to comply with the relevant 
requirements listed in section 13902, 13903, or 13904 
‘‘(3) LIMITATION.—Paragraph (2)(B) shall not apply to a 
person who is unable to pay a civil penalty because the person 
is a debtor in a case under chapter 11 of title 11.’’; and 
(C) in paragraph (4), as redesignated by section 
32103(a)(1)(A) of this Act, by striking ‘‘paragraph (1)(B)’’ 
and inserting ‘‘paragraph (2)(B)’’. 
(2) PROCEDURE.—Section 13905(e) is amended by inserting 
‘‘or if the Secretary determines that the registrant failed to
H. R. 4348—376 
disclose a material fact in an application for registration in 
accordance with subsection (d)(2)(C),’’ after ‘‘registrant,’’. 
(b) INFORMATION SYSTEMS.—Section 31106(a)(3) is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at the end; 
(2) in subparagraph (G), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(H) determine whether a person or employer is or 
was related, through common ownership, common manage-
ment, common control, or common familial relationship, 
to any other person, employer, or any other applicant for 
registration under section 13902 or 31134.’’. 
SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS. 
Not later than 6 months after the date of enactment of this 
Act, and every 4 years thereafter, the Secretary shall— 
(1) issue a report on the appropriateness of— 
(A) the current minimum financial responsibility 
requirements under sections 31138 and 31139 of title 49, 
United States Code; and 
(B) the current bond and insurance requirements under 
sections 13904(f), 13903, and 13906 of title 49, United 
States Code; and 
(2) submit the report issued under paragraph (1) to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT. 
(a) IN GENERAL.—Chapter 311 is amended by inserting after 
section 31133 the following: 
‘‘§ 31134. Requirement for registration and USDOT number 
‘‘(a) IN GENERAL.—Upon application, and subject to subsections 
(b) and (c), the Secretary shall register an employer or person 
subject to the safety jurisdiction of this subchapter. An employer 
or person may operate a commercial motor vehicle in interstate 
commerce only if the employer or person is registered by the Sec-
retary under this section and receives a USDOT number. Nothing 
in this section shall preclude registration by the Secretary of an 
employer or person not engaged in interstate commerce. An 
employer or person subject to jurisdiction under subchapter I of 
chapter 135 of this title shall apply for commercial registration 
under section 13902 of this title. 
‘‘(b) WITHHOLDING REGISTRATION.—The Secretary shall register 
an employer or person under subsection (a) only if the Secretary 
determines that— 
‘‘(1) the employer or person seeking registration is willing 
and able to comply with the requirements of this subchapter 
and the regulations prescribed thereunder and chapter 51 and 
the regulations prescribed thereunder; 
‘‘(2)(A) during the 3-year period before the date of the 
filing of the application, the employer or person is not or 
was not related through common ownership, common manage-
ment, common control, or common familial relationship to any 
other person or applicant for registration subject to this sub-
chapter who, during such 3-year period, is or was unfit,
H. R. 4348—377 
unwilling, or unable to comply with the requirements listed 
in subsection (b)(1); or 
‘‘(3) the employer or person has disclosed to the Secretary 
any 
relationship 
involving 
common 
ownership, 
common 
management, common control, or common familial relationship 
to any other person or applicant for registration subject to 
this subchapter. 
‘‘(c) REVOCATION OR SUSPENSION OF REGISTRATION.—The Sec-
retary shall revoke the registration of an employer or person issued 
under subsection (a) after notice and an opportunity for a pro-
ceeding, or suspend the registration after giving notice of the 
suspension to the employer or person, if the Secretary determines 
that— 
‘‘(1) the employer’s or person’s authority to operate pursu-
ant to chapter 139 of this title is subject to revocation or 
suspension under sections 13905(d)(1) or 13905(f) of this title; 
‘‘(2) the employer or person has knowingly failed to comply 
with the requirements listed in subsection (b)(1); 
‘‘(3) the employer or person has not disclosed any relation-
ship through common ownership, common management, 
common control, or common familial relationship to any other 
person or applicant for registration subject to this subchapter 
that the Secretary determines is or was unfit, unwilling, or 
unable to comply with the requirements listed in subsection 
(b)(1); 
‘‘(4) the employer or person refused to submit to the safety 
review required by section 31144(g) of this title. 
‘‘(d) PERIODIC
REGISTRATION
UPDATE.—The Secretary may 
require an employer to update a registration under this section 
not later than 30 days after a change in the employer’s address, 
other contact information, officers, process agent, or other essential 
information, as determined by the Secretary. 
‘‘(e) STATE AUTHORITY.—Nothing in this section shall be con-
strued as affecting the authority of a State to issue a Department 
of Transportation number under State law to a person operating 
in intrastate commerce.’’. 
(b) CONFORMING AMENDMENT.—The analysis of chapter 311 
is amended by inserting after the item relating to section 31133 
the following: 
‘‘31134. Requirement for registration and USDOT number.’’. 
SEC. 32106. REGISTRATION FEE SYSTEM. 
Section 13908(d)(1) is amended by striking ‘‘but shall not exceed 
$300’’. 
SEC. 32107. REGISTRATION UPDATE. 
(a) MOTOR CARRIER UPDATE.—Section 13902 is amended by 
adding at the end the following: 
‘‘(h) UPDATE OF REGISTRATION.— 
‘‘(1) IN GENERAL.—The Secretary shall require a registrant 
to update its registration under this section not later than 
30 days after a change in the registrant’s address, other contact 
information, officers, process agent, or other essential informa-
tion, as determined by the Secretary. 
‘‘(2) MOTOR CARRIERS OF PASSENGERS.—In addition to the 
requirements of paragraph (1), the Secretary shall require a
H. R. 4348—378 
motor carrier of passengers to update its registration informa-
tion, including numbers of vehicles, annual mileage, and 
individuals responsible for compliance with Federal safety regu-
lations quarterly for the first 2 years after being issued a 
registration under this section.’’. 
(b) FREIGHT FORWARDER UPDATE.—Section 13903 is amended 
by adding at the end the following: 
‘‘(c) UPDATE
OF REGISTRATION.—The Secretary shall require 
a freight forwarder to update its registration under this section 
not later than 30 days after a change in the freight forwarder’s 
address, other contact information, officers, process agent, or other 
essential information, as determined by the Secretary.’’. 
(c) BROKER UPDATE.—Section 13904 is amended by adding at 
the end the following: 
‘‘(e) UPDATE OF REGISTRATION.—The Secretary shall require 
a broker to update its registration under this section not later 
than 30 days after a change in the broker’s address, other contact 
information, officers, process agent, or other essential information, 
as determined by the Secretary.’’. 
SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT REG-
ISTRATION. 
(a) PENALTIES.—Section 14901(a) is amended— 
(1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 
(2) by striking ‘‘who is not registered under this part to 
provide transportation of passengers,’’; 
(3) by striking ‘‘with respect to providing transportation 
of passengers,’’ and inserting ‘‘or section 13902(c) of this title,’’; 
and 
(4) by striking ‘‘$2,000 for each violation and each addi-
tional day the violation continues’’ and inserting ‘‘$10,000 for 
each violation, or $25,000 for each violation relating to pro-
viding transportation of passengers’’. 
(b) TRANSPORTATION OF HAZARDOUS WASTES.—Section 14901(b) 
is amended by striking ‘‘not to exceed $20,000’’ and inserting ‘‘not 
less than $20,000, but not to exceed $40,000’’. 
SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD. 
Section 13905(f)(2) is amended to read as follows: 
‘‘(2) IMMINENT
HAZARD
TO
PUBLIC
HEALTH.—Notwith-
standing subchapter II of chapter 5 of title 5, the Secretary 
shall revoke the registration of a motor carrier if the Secretary 
finds that the carrier is or was conducting unsafe operations 
that are or were an imminent hazard to public health or prop-
erty.’’. 
SEC. 32110. REVOCATION OF REGISTRATION AND OTHER PENALTIES 
FOR FAILURE TO RESPOND TO SUBPOENA. 
Section 525 is amended— 
(1) by striking ‘‘subpenas’’ in the section heading and 
inserting ‘‘subpoenas’’; 
(2) by striking ‘‘subpena’’ and inserting ‘‘subpoena’’; 
(3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; 
(4) by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; and 
(5) by adding at the end the following: 
‘‘The Secretary may withhold, suspend, amend, or revoke any 
part of the registration of a person required to register under 
chapter 139 for failing to obey a subpoena or requirement of the
H. R. 4348—379 
Secretary under this chapter to appear and testify or produce 
records.’’. 
SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING 
WITHOUT REQUIRED REGISTRATION. 
Section 13902(e)(1) is amended— 
(1) by striking ‘‘motor vehicle’’ and inserting ‘‘motor carrier’’ 
after ‘‘the Secretary determines that a’’; and 
(2) by striking ‘‘order the vehicle’’ and inserting ‘‘order 
the motor carrier operations’’ after ‘‘the Secretary may’’. 
SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY VIO-
LATIONS. 
Section 31135 is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) NONCOMPLIANCE.— 
‘‘(1) MOTOR
CARRIERS.—Two or more motor carriers, 
employers, or persons shall not use common ownership, common 
management, common control, or common familial relationship 
to enable any or all such motor carriers, employers, or persons 
to avoid compliance, or mask or otherwise conceal non-compli-
ance, or a history of non-compliance, with regulations prescribed 
under this subchapter or an order of the Secretary issued 
under this subchapter. 
‘‘(2) PATTERN.—If the Secretary finds that a motor carrier, 
employer, or person engaged in a pattern or practice of avoiding 
compliance, or masking or otherwise concealing noncompliance, 
with regulations prescribed under this subchapter, the Sec-
retary— 
‘‘(A) may withhold, suspend, amend, or revoke any 
part of the motor carrier’s, employer’s, or person’s registra-
tion in accordance with section 13905 or 31134; and 
‘‘(B) shall take into account such non-compliance for 
purposes of determining civil penalty amounts under sec-
tion 521(b)(2)(D). 
‘‘(3) OFFICERS.—If the Secretary finds, after notice and 
an opportunity for proceeding, that an officer of a motor carrier, 
employer, or owner or operator has engaged in a pattern or 
practice of, or assisted a motor carrier, employer, or owner 
or operator in avoiding compliance, or masking or otherwise 
concealing noncompliance, while serving as an officer or such 
motor carrier, employer, or owner or operator, the Secretary 
may suspend, amend, or revoke any part of a registration 
granted to the officer individually under section 13902 or 
31134.’’. 
Subtitle B—Commercial Motor Vehicle 
Safety 
SEC. 32201. CRASHWORTHINESS STANDARDS. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall conduct a comprehen-
sive analysis on the need for crashworthiness standards on property- 
carrying commercial motor vehicles with a gross vehicle weight 
rating or gross vehicle weight of at least 26,001 pounds involved 
in interstate commerce, including an evaluation of the need for
H. R. 4348—380 
roof strength, pillar strength, air bags, and other occupant protec-
tions standards, and frontal and back wall standards. 
(b) REPORT.—Not later than 90 days after completing the com-
prehensive analysis under subsection (a), the Secretary shall report 
the results of the analysis and any recommendations to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives. 
SEC. 32202. CANADIAN SAFETY RATING RECIPROCITY. 
Section 31144 is amended by adding at the end the following: 
‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER SAFETY FIT-
NESS DETERMINATIONS.— 
‘‘(1) If an authorized agency of the Canadian federal govern-
ment or a Canadian Territorial or Provincial government deter-
mines, by applying the procedure and standards prescribed 
by the Secretary under subsection (b) or pursuant to an agree-
ment under paragraph (2), that a Canadian employer is unfit 
and prohibits the employer from operating a commercial motor 
vehicle in Canada or any Canadian Province, the Secretary 
may prohibit the employer from operating such vehicle in inter-
state and foreign commerce until the authorized Canadian 
agency determines that the employer is fit. 
‘‘(2) The Secretary may consult and participate in negotia-
tions with authorized officials of the Canadian federal govern-
ment or a Canadian Territorial or Provincial government, as 
necessary, to provide reciprocal recognition of each country’s 
motor carrier safety fitness determinations. An agreement shall 
provide, to the maximum extent practicable, that each country 
will follow the procedure and standards prescribed by the Sec-
retary under subsection (b) in making motor carrier safety 
fitness determinations.’’. 
SEC. 32203. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER 
CONVICTIONS. 
(a) DEFINITION
OF FOREIGN COMMERCIAL DRIVER.—Section 
31301 is amended— 
(1) by redesignating paragraphs (10) through (14) as para-
graphs (11) through (15), respectively; and 
(2) by inserting after paragraph (9) the following: 
‘‘(10) ‘foreign commercial driver’ means an individual 
licensed to operate a commercial motor vehicle by an authority 
outside the United States, or a citizen of a foreign country 
who operates a commercial motor vehicle in the United States.’’. 
(b) STATE REPORTING
OF CONVICTIONS.—Section 31311(a) is 
amended by adding after paragraph (21) the following: 
‘‘(22) The State shall report a conviction of a foreign 
commercial driver by that State to the Federal Convictions 
and Withdrawal Database, or another information system des-
ignated by the Secretary to record the convictions. A report 
shall include— 
‘‘(A) for a driver holding a foreign commercial driver’s 
license— 
‘‘(i) each conviction relating to the operation of 
a commercial motor vehicle; and 
‘‘(ii) each conviction relating to the operation of 
a non-commercial motor vehicle; and
H. R. 4348—381 
‘‘(B) for an unlicensed driver or a driver holding a 
foreign non-commercial driver’s license, each conviction 
relating to the operation of a commercial motor vehicle.’’. 
SEC. 32204. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL 
DRIVERS. 
Section 31310 is amended by adding at the end the following: 
‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A foreign commercial 
driver shall be subject to disqualification under this section.’’. 
SEC. 32205. REVOCATION OF FOREIGN MOTOR CARRIER OPERATING 
AUTHORITY FOR FAILURE TO PAY CIVIL PENALTIES. 
Section 13905(d)(2), as amended by section 32103(a) of this 
Act, is amended by inserting ‘‘foreign motor carrier, foreign motor 
private carrier,’’ after ‘‘registration of a motor carrier,’’ each place 
it appears. 
SEC. 32206. RENTAL TRUCK ACCIDENT STUDY. 
(a) DEFINITIONS.—In this section: 
(1) RENTAL TRUCK.—The term ‘‘rental truck’’ means a motor 
vehicle with a gross vehicle weight rating of between 10,000 
and 26,000 pounds that is made available for rental by a 
rental truck company. 
(2) RENTAL TRUCK COMPANY.—The term ‘‘rental truck com-
pany’’ means a person or company that is in the business 
of renting or leasing rental trucks to the public or for private 
use. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall conduct a study of 
the safety of rental trucks during the 7-year period ending 
on December 31, 2011. 
(2) REQUIREMENTS.—The study conducted under paragraph 
(1) shall— 
(A) evaluate available data on the number of crashes, 
fatalities, and injuries involving rental trucks and the cause 
of such crashes, utilizing police accident reports and other 
sources; 
(B) estimate the property damage and costs resulting 
from a subset of crashes involving rental truck operations, 
which the Secretary believes adequately reflect all crashes 
involving rental trucks; 
(C) analyze State and local laws regulating rental truck 
companies, including safety and inspection requirements; 
(D) assess the rental truck maintenance programs of 
a selection of small, medium, and large rental truck compa-
nies, as selected by the Secretary, including the frequency 
of rental truck maintenance inspections, and compare such 
programs with inspection requirements for passenger 
vehicles and commercial motor vehicles; 
(E) include any other information available regarding 
the safety of rental trucks; and 
(F) review any other information that the Secretary 
determines to be appropriate. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that contains—
H. R. 4348—382 
(1) the findings of the study conducted pursuant to sub-
section (b); and 
(2) any recommendations for legislation that the Secretary 
determines to be appropriate. 
Subtitle C—Driver Safety 
SEC. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING 
DEVICES. 
(a) HOURS OF SERVICE STUDY.— 
(1) FIELD STUDY.— 
(A) IN GENERAL.—Not later than March 31, 2013, the 
Secretary shall complete a field study on the efficacy of 
the restart rule published on December 27, 2011 (in this 
section referred to as the ‘‘2011 restart rule’’), applicable 
to operators of commercial motor vehicles of property sub-
ject to maximum driving time requirements of the Sec-
retary. 
(B) REQUIREMENT.—The field study shall expand upon 
the results of the laboratory-based study relating to 
commercial motor vehicle driver fatigue sponsored by the 
Federal Motor Carrier Safety Administration presented in 
the report of December 2010 titled ‘‘Investigation into 
Motor Carrier Practices to Achieve Optimal Commercial 
Motor Vehicle Driver Performance: Phase I’’. 
(C) CRITERIA.—In conducting the field study, the Sec-
retary shall ensure that— 
(i) the methodology for the field study is consistent, 
to the maximum extent possible, with the laboratory- 
based study methodology; 
(ii) the data collected is representative of the 
drivers and motor carriers regulated by the hours of 
service regulations, including those drivers and carriers 
affected by the maximum driving time requirements; 
(iii) the analysis is statistically valid; and 
(iv) the field study follows the plan for the ‘‘Sched-
uling and Fatigue Recovery Project’’ developed by the 
Federal Motor Carrier Safety Administration. 
(D) REPORT TO CONGRESS.—Not later than September 
30, 2013, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing the 
results of the field study. 
(b) GENERAL AUTHORITY.—Section 31137 is amended— 
(1) by amending the section heading to read as follows: 
‘‘§ 31137. Electronic logging devices and brake maintenance 
regulations’’; 
(2) by redesignating subsection (b) as subsection (g); and 
(3) by amending (a) to read as follows: 
‘‘(a) USE OF ELECTRONIC LOGGING DEVICES.—Not later than 
1 year after the date of enactment of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012, the Secretary of Transportation 
shall prescribe regulations—
H. R. 4348—383 
‘‘(1) requiring a commercial motor vehicle involved in inter-
state commerce and operated by a driver subject to the hours 
of service and the record of duty status requirements under 
part 395 of title 49, Code of Federal Regulations, be equipped 
with an electronic logging device to improve compliance by 
an operator of a vehicle with hours of service regulations pre-
scribed by the Secretary; and 
‘‘(2) ensuring that an electronic logging device is not used 
to harass a vehicle operator. 
‘‘(b) ELECTRONIC LOGGING DEVICE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The regulations prescribed under sub-
section (a) shall— 
‘‘(A) require an electronic logging device— 
‘‘(i) to accurately record commercial driver hours 
of service; 
‘‘(ii) to record the location of a commercial motor 
vehicle; 
‘‘(iii) to be tamper resistant; and 
‘‘(iv) to be synchronized to the operation of the 
vehicle engine or be capable of recognizing when the 
vehicle is being operated; 
‘‘(B) allow law enforcement to access the data contained 
in the device during a roadside inspection; and 
‘‘(C) apply to a commercial motor vehicle beginning 
on the date that is 2 years after the date that the regula-
tions are published as a final rule. 
‘‘(2) PERFORMANCE AND DESIGN STANDARDS.—The regula-
tions prescribed under subsection (a) shall establish perform-
ance standards— 
‘‘(A) defining a standardized user interface to aid 
vehicle operator compliance and law enforcement review; 
‘‘(B) establishing a secure process for standardized— 
‘‘(i) and unique vehicle operator identification; 
‘‘(ii) data access; 
‘‘(iii) data transfer for vehicle operators between 
motor vehicles; 
‘‘(iv) data storage for a motor carrier; and 
‘‘(v) data transfer and transportability for law 
enforcement officials; 
‘‘(C) establishing a standard security level for an elec-
tronic logging device and related components to be tamper 
resistant by using a methodology endorsed by a nationally 
recognized standards organization; and 
‘‘(D) identifying each driver subject to the hours of 
service and record of duty status requirements under part 
395 of title 49, Code of Federal Regulations. 
‘‘(c) CERTIFICATION CRITERIA.— 
‘‘(1) IN GENERAL.—The regulations prescribed by the Sec-
retary under this section shall establish the criteria and a 
process for the certification of electronic logging devices to 
ensure that the device meets the performance requirements 
under this section. 
‘‘(2) EFFECT
OF
NONCERTIFICATION.—Electronic logging 
devices that are not certified in accordance with the certification 
process referred to in paragraph (1) shall not be acceptable 
evidence of hours of service and record of duty status require-
ments under part 395 of title 49, Code of Federal Regulations.
H. R. 4348—384 
‘‘(d) ADDITIONAL
CONSIDERATIONS.—The Secretary, in pre-
scribing the regulations described in subsection (a), shall consider 
how such regulations may— 
‘‘(1) reduce or eliminate requirements for drivers and motor 
carriers to retain supporting documentation associated with 
paper-based records of duty status if— 
‘‘(A) data contained in an electronic logging device sup-
plants such documentation; and 
‘‘(B) using such data without paper-based records does 
not diminish the Secretary’s ability to audit and review 
compliance with the Secretary’s hours of service regula-
tions; and 
‘‘(2) include such measures as the Secretary determines 
are necessary to protect the privacy of each individual whose 
personal data is contained in an electronic logging device. 
‘‘(e) USE OF DATA.— 
‘‘(1) IN GENERAL.—The Secretary may utilize information 
contained in an electronic logging device only to enforce the 
Secretary’s motor carrier safety and related regulations, 
including record-of-duty status regulations. 
‘‘(2) MEASURES TO PRESERVE CONFIDENTIALITY OF PERSONAL 
DATA.—The Secretary shall institute appropriate measures to 
preserve the confidentiality of any personal data contained 
in an electronic logging device and disclosed in the course 
of an action taken by the Secretary or by law enforcement 
officials to enforce the regulations referred to in paragraph 
(1). 
‘‘(3) ENFORCEMENT.—The Secretary shall institute appro-
priate measures to ensure any information collected by elec-
tronic logging devices is used by enforcement personnel only 
for the purpose of determining compliance with hours of service 
requirements. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ELECTRONIC
LOGGING
DEVICE.—The term ‘electronic 
logging device’ means an electronic device that— 
‘‘(A) is capable of recording a driver’s hours of service 
and duty status accurately and automatically; and 
‘‘(B) meets the requirements established by the Sec-
retary through regulation. 
‘‘(2) TAMPER
RESISTANT.—The term ‘tamper resistant’ 
means resistant to allowing any individual to cause an elec-
tronic device to record the incorrect date, time, and location 
for changes to on-duty driving status of a commercial motor 
vehicle operator under part 395 of title 49, Code of Federal 
Regulations, or to subsequently alter the record created by 
that device.’’. 
(c) CIVIL
PENALTIES.—Section 30165(a)(1) is amended by 
striking ‘‘or 30141 through 30147’’ and inserting ‘‘30141 through 
30147, or 31137’’. 
(d) CONFORMING AMENDMENT.—The analysis for chapter 311 
is amended by striking the item relating to section 31137 and 
inserting the following: 
‘‘31137. Electronic logging devices and brake maintenance regulations.’’. 
SEC. 32302. DRIVER MEDICAL QUALIFICATIONS. 
(a) DEADLINE FOR ESTABLISHMENT OF NATIONAL REGISTRY OF 
MEDICAL EXAMINERS.—Not later than 1 year after the date of
H. R. 4348—385 
enactment of this Act, the Secretary shall establish a national 
registry of medical examiners in accordance with section 31149(d)(1) 
of title 49, United States Code. 
(b) EXAMINATION REQUIREMENT FOR NATIONAL REGISTRY OF 
MEDICAL EXAMINERS.—Section 31149(c)(1)(D) is amended to read 
as follows: 
‘‘(D) not later than 1 year after enactment of the 
Commercial Motor Vehicle Safety Enhancement Act of 
2012, develop requirements for a medical examiner to be 
listed in the national registry under this section, 
including— 
‘‘(i) the completion of specific courses and mate-
rials; 
‘‘(ii) certification, including, at a minimum, self- 
certification, if the Secretary determines that self-cer-
tification is necessary for sufficient participation in 
the national registry, to verify that a medical examiner 
completed specific training, including refresher courses, 
that the Secretary determines necessary to be listed 
in the national registry; 
‘‘(iii) an examination that requires a passing grade; 
and 
‘‘(iv) demonstration of a medical examiner’s 
willingness to meet the reporting requirements estab-
lished by the Secretary;’’. 
(c) ADDITIONAL OVERSIGHT OF LICENSING AUTHORITIES.— 
(1) IN GENERAL.—Section 31149(c)(1) is amended— 
(A) by amending subparagraph (E) to read as follows: 
‘‘(E) require medical examiners to transmit electroni-
cally, on a monthly basis, the name of the applicant, a 
numerical identifier, and additional information contained 
on the medical examiner’s certificate for any completed 
medical examination report required under section 391.43 
of title 49, Code of Federal Regulations, to the chief medical 
examiner;’’; 
(B) in subparagraph (F), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(G) annually review the implementation of commercial 
driver’s license requirements by not fewer than 10 States 
to assess the accuracy, validity, and timeliness of— 
‘‘(i) the submission of physical examination reports 
and medical certificates to State licensing agencies; 
and 
‘‘(ii) the processing of the submissions by State 
licensing agencies.’’. 
(2) INTERNAL OVERSIGHT POLICY.— 
(A) IN
GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall establish 
an oversight policy and procedure to carry out section 
31149(c)(1)(G) of title 49, United States Code, as added 
by section 32302(c)(1) of this Act. 
(B) EFFECTIVE DATE.—The amendments made by sec-
tion 32303(c)(1) of this Act shall take effect on the date 
the oversight policies and procedures are established pursu-
ant to subparagraph (A).
H. R. 4348—386 
(d) ELECTRONIC FILING
OF MEDICAL EXAMINATION CERTIFI-
CATES.—Section 31311(a), as amended by sections 32203(b) and 
32305(b) of this Act, is amended by adding at the end the following: 
‘‘(25) Not later than 5 years after the date of enactment 
of the Commercial Motor Vehicle Safety Enhancement Act of 
2012, the State shall establish and maintain, as part of its 
driver information system, the capability to receive an electronic 
copy of a medical examiner’s certificate, from a certified medical 
examiner, for each holder of a commercial driver’s license issued 
by the State who operates or intends to operate in interstate 
commerce.’’. 
(e) FUNDING.—The Secretary is authorized to utilize funds pro-
vided under section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) 
to support development of costs of the information technology 
needed to carry out section 31311(a)(25) of title 49, United States 
Code. 
SEC. 32303. COMMERCIAL DRIVER’S LICENSE NOTIFICATION SYSTEM. 
(a) IN GENERAL.—Section 31304 is amended— 
(1) by striking ‘‘An employer’’ and inserting the following: 
‘‘(a) IN GENERAL.—An employer’’; and 
(2) by adding at the end the following: 
‘‘(b) DRIVER VIOLATION RECORDS.— 
‘‘(1) PERIODIC REVIEW.—Except as provided in paragraph 
(3), an employer shall ascertain the driving record of each 
driver it employs— 
‘‘(A) by making an inquiry at least once every 12 
months to the appropriate State agency in which the driver 
held or holds a commercial driver’s license or permit during 
such time period; 
‘‘(B) by receiving occurrence-based reports of changes 
in the status of a driver’s record from 1 or more driver 
record notification systems that meet minimum standards 
issued by the Secretary; or 
‘‘(C) by a combination of inquiries to States and reports 
from driver record notification systems. 
‘‘(2) RECORD KEEPING.—A copy of the reports received under 
paragraph (1) shall be maintained in the driver’s qualification 
file. 
‘‘(3) EXCEPTIONS TO RECORD REVIEW REQUIREMENT.—Para-
graph (1) shall not apply to a driver employed by an employer 
who, in any 7-day period, is employed or used as a driver 
by more than 1 employer— 
‘‘(A) if the employer obtains the driver’s identification 
number, type, and issuing State of the driver’s commercial 
motor vehicle license; or 
‘‘(B) if the information described in subparagraph (A) 
is furnished by another employer and the employer that 
regularly employs the driver meets the other requirements 
under this section. 
‘‘(4) DRIVER
RECORD
NOTIFICATION
SYSTEM
DEFINED.—In 
this section, the term ‘driver record notification system’ means 
a system that automatically furnishes an employer with a 
report, generated by the appropriate agency of a State, on 
the change in the status of an employee’s driver’s license due 
to a conviction for a moving violation, a failure to appear,
H. R. 4348—387 
an accident, driver’s license suspension, driver’s license revoca-
tion, or any other action taken against the driving privilege.’’. 
(b) STANDARDS FOR DRIVER RECORD NOTIFICATION SYSTEMS.— 
Not later than 1 year after the date of enactment of this Act, 
the Secretary shall issue minimum standards for driver notification 
systems, including standards for the accuracy, consistency, and 
completeness of the information provided. 
(c) PLAN FOR NATIONAL NOTIFICATION SYSTEM.— 
(1) DEVELOPMENT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall develop rec-
ommendations and a plan for the development and implementa-
tion of a national driver record notification system, including— 
(A) an assessment of the merits of achieving a national 
system by expanding the Commercial Driver’s License 
Information System; and 
(B) an estimate of the fees that an employer will be 
charged to offset the operating costs of the national system. 
(2) SUBMISSION TO CONGRESS.—Not later than 90 days after 
the recommendations and plan are developed under paragraph 
(1), the Secretary shall submit a report on the recommendations 
and plan to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives. 
SEC. 32304. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING. 
(a) IN GENERAL.—Section 31305 is amended by adding at the 
end the following: 
‘‘(c) STANDARDS FOR TRAINING.—Not later than 1 year after 
the date of enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2012, the Secretary shall issue final regulations 
establishing minimum entry-level training requirements for an indi-
vidual operating a commercial motor vehicle— 
‘‘(1) addressing the knowledge and skills that— 
‘‘(A) are necessary for an individual operating a 
commercial motor vehicle to safely operate a commercial 
motor vehicle; and 
‘‘(B) must be acquired before obtaining a commercial 
driver’s license for the first time or upgrading from one 
class of commercial driver’s license to another class; 
‘‘(2) addressing the specific training needs of a commercial 
motor vehicle operator seeking passenger or hazardous mate-
rials endorsements; 
‘‘(3) requiring effective instruction to acquire the knowl-
edge, skills, and training referred to in paragraphs (1) and 
(2), including classroom and behind-the-wheel instruction; 
‘‘(4) requiring certification that an individual operating a 
commercial motor vehicle meets the requirements established 
by the Secretary; and 
‘‘(5) requiring a training provider (including a public or 
private driving school, motor carrier, or owner or operator 
of a commercial motor vehicle) that offers training that results 
in the issuance of a certification to an individual under para-
graph (4) to demonstrate that the training meets the require-
ments of the regulations, through a process established by 
the Secretary.’’. 
(b) COMMERCIAL DRIVER’S LICENSE UNIFORM STANDARDS.—Sec-
tion 31308(1) is amended to read as follows:
H. R. 4348—388 
‘‘(1) an individual issued a commercial driver’s license— 
‘‘(A) pass written and driving tests for the operation 
of a commercial motor vehicle that comply with the min-
imum standards prescribed by the Secretary under section 
31305(a); and 
‘‘(B) present certification of completion of driver 
training that meets the requirements established by the 
Secretary under section 31305(c);’’. 
(c) CONFORMING AMENDMENT.—The section heading for section 
31305 is amended to read as follows: 
‘‘§ 31305. General driver fitness, testing, and training’’. 
(d) CONFORMING AMENDMENT.—The analysis for chapter 313 
is amended by striking the item relating to section 31305 and 
inserting the following: 
‘‘31305. General driver fitness, testing, and training.’’. 
SEC. 32305. COMMERCIAL DRIVER’S LICENSE PROGRAM. 
(a) IN GENERAL.—Section 31309 is amended— 
(1) in subsection (e)(4), by amending subparagraph (A) 
to read as follows: 
‘‘(A) IN GENERAL.—The plan shall specify— 
‘‘(i) a date by which all States shall be operating 
commercial driver’s license information systems that 
are compatible with the modernized information 
system under this section; and 
‘‘(ii) that States must use the systems to receive 
and submit conviction and disqualification data.’’; and 
(2) in subsection (f), by striking ‘‘use’’ and inserting ‘‘use, 
subject to section 31313(a),’’. 
(b) REQUIREMENTS FOR STATE PARTICIPATION.—Section 31311 
is amended— 
(1) in subsection (a), as amended by section 32203(b) of 
this Act— 
(A) in paragraph (5), by striking ‘‘At least’’ and all 
that follows through ‘‘regulation),’’ and inserting: ‘‘Not later 
than the time period prescribed by the Secretary by regula-
tion,’’; and 
(B) by adding at the end the following: 
‘‘(23) Not later than 1 year after the date of enactment 
of the Commercial Motor Vehicle Safety Enhancement Act of 
2012, the State shall implement a system and practices for 
the exclusive electronic exchange of driver history record 
information on the system the Secretary maintains under sec-
tion 31309, including the posting of convictions, withdrawals, 
and disqualifications. 
‘‘(24) Before renewing or issuing a commercial driver’s 
license to an individual, the State shall request information 
pertaining to the individual from the drug and alcohol clearing-
house maintained under section 31306a.’’; and 
(2) by adding at the end the following: 
‘‘(d) STATE COMMERCIAL DRIVER’S LICENSE PROGRAM PLAN.— 
‘‘(1) IN GENERAL.—A State shall submit a plan to the Sec-
retary for complying with the requirements under this section 
during the period beginning on the date the plan is submitted 
and ending on September 30, 2016.
H. R. 4348—389 
‘‘(2) CONTENTS.—A plan submitted by a State under para-
graph (1) shall identify— 
‘‘(A) the actions that the State will take to address 
any deficiencies in the State’s commercial driver’s license 
program, as identified by the Secretary in the most recent 
audit of the program; and 
‘‘(B) other actions that the State will take to comply 
with the requirements under subsection (a). 
‘‘(3) PRIORITY.— 
‘‘(A) IMPLEMENTATION
SCHEDULE.—A plan submitted 
by a State under paragraph (1) shall include a schedule 
for the implementation of the actions identified under para-
graph (2). In establishing the schedule, the State shall 
prioritize actions to address any deficiencies highlighted 
by the Secretary as critical in the most recent audit of 
the program. 
‘‘(B) DEADLINE
FOR
COMPLIANCE
WITH
REQUIRE-
MENTS.—A plan submitted by a State under paragraph 
(1) shall include assurances that the State will take the 
necessary actions to comply with the requirements of sub-
section (a) not later than September 30, 2015. 
‘‘(4) APPROVAL AND DISAPPROVAL.—The Secretary shall— 
‘‘(A) review each plan submitted under paragraph (1); 
‘‘(B)(i) approve a plan if the Secretary determines that 
the plan meets the requirements under this subsection 
and promotes the goals of this chapter; and 
‘‘(ii) disapprove a plan that the Secretary determines 
does not meet the requirements or does not promote the 
goals. 
‘‘(5) MODIFICATION
OF
DISAPPROVED
PLANS.—If the Sec-
retary disapproves a plan under paragraph (4), the Secretary 
shall— 
‘‘(A) provide a written explanation of the disapproval 
to the State; and 
‘‘(B) allow the State to modify the plan and resubmit 
it for approval. 
‘‘(6) PLAN UPDATES.—The Secretary may require a State 
to review and update a plan, as appropriate. 
‘‘(e) ANNUAL COMPARISON OF STATE LEVELS OF COMPLIANCE.— 
The Secretary shall annually— 
‘‘(1) compare the relative levels of compliance by States 
with the requirements under subsection (a); and 
‘‘(2) make the results of the comparison available to the 
public.’’. 
SEC. 32306. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION SYS-
TEMS. 
Section 31106(c) is amended— 
(1) by striking the heading and inserting ‘‘(1) IN GENERAL.’’; 
(2) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D); and 
(3) by adding at the end the following: 
‘‘(2) ACCESS TO RECORDS.—The Secretary may require a 
State, as a condition of an award of grant money under this 
section, to provide the Secretary access to all State licensing 
status and driver history records via an electronic information 
system, subject to section 2721 of title 18.’’.
H. R. 4348—390 
SEC. 32307. EMPLOYER RESPONSIBILITIES. 
Section 31304, as amended by section 32303 of this Act, is 
amended in subsection (a)— 
(1) by striking ‘‘knowingly’’; and 
(2) by striking ‘‘in which’’ and inserting ‘‘that the employer 
knows or should reasonably know that’’. 
SEC. 32308. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMER-
CIAL DRIVER’S LICENSES. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Secretary, in coordination with 
the Secretary of Defense, and in consultation with the States 
and other relevant stakeholders, shall commence a study to 
assess Federal and State regulatory, economic, and administra-
tive challenges faced by members and former members of the 
Armed Forces, who received safety training and operated quali-
fying motor vehicles during their service, in obtaining commer-
cial driver’s licenses (as defined in section 31301(3) of title 
49, United States Code). 
(2) REQUIREMENTS.—The study under this subsection 
shall— 
(A) identify written and behind-the-wheel safety 
training, qualification standards, knowledge and skills 
tests, or other operating experience members of the Armed 
Forces must meet that satisfy the minimum standards 
prescribed by the Secretary of Transportation for the oper-
ation of commercial motor vehicles under section 31305 
of title 49, United States Code; 
(B) compare the alcohol and controlled substances 
testing requirements for members of the Armed Forces 
with those required for holders of a commercial driver’s 
license; 
(C) evaluate the cause of delays in reviewing applica-
tions for commercial driver’s licenses of members and 
former members of the Armed Forces; 
(D) identify duplicative application costs; 
(E) identify residency, domicile, training and testing 
requirements, and other safety or health assessments that 
affect or delay the issuance of commercial driver’s licenses 
to members and former members of the Armed Forces; 
and 
(F) include other factors that the Secretary determines 
to be appropriate to meet the requirements of the study. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days after the 
commencement of the study under subsection (a), the Secretary 
shall submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Finan-
cial Services of the House of Representatives that contains 
the findings and recommendations from the study. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include— 
(A) findings related to the study requirements under 
subsection (a)(2);
H. R. 4348—391 
(B) recommendations for the Federal and State legisla-
tive, regulatory, and administrative actions necessary to 
address challenges identified in subparagraph (A); and 
(C) a plan to implement the recommendations for which 
the Secretary has authority. 
(c) IMPLEMENTATION.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in consultation with the 
Secretary of Defense and in cooperation with the States, shall 
implement the recommendations identified in subsection (b) and 
establish accelerated licensing procedures to assist veterans to 
acquire commercial driver’s licenses. 
(d) ACCELERATED LICENSING PROCEDURES.—The procedures 
established under subsection (a) shall be designed to be applicable 
to any veteran who— 
(1) is attempting to acquire a commercial driver’s license; 
and 
(2) obtained, during military service, documented driving 
experience that, in the determination of the Secretary, makes 
the use of accelerated licensing procedures appropriate. 
(e) DEFINITIONS.—In this section: 
(1) COMMERCIAL DRIVER’S LICENSE.—The term ‘‘commercial 
driver’s license’’ has the meaning given that term in section 
31301 of title 49, United States Code. 
(2) STATE.—The term ‘‘State’’ has the meaning given that 
term in section 31301 of title 49, United States Code. 
(3) VETERAN.—The term ‘‘veteran’’ has the meaning given 
that term in section 101 of title 38, United States Code. 
Subtitle D—Safe Roads Act of 2012 
SEC. 32401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Safe Roads Act of 2012’’. 
SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUB-
STANCE AND ALCOHOL TEST RESULTS OF COMMERCIAL 
MOTOR VEHICLE OPERATORS. 
(a) IN GENERAL.—Chapter 313 is amended— 
(1) in section 31306(a), by inserting ‘‘and section 31306a’’ 
after ‘‘this section’’; and 
(2) by inserting after section 31306 the following: 
‘‘§ 31306a. National clearinghouse for controlled substance 
and alcohol test results of commercial motor 
vehicle operators 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of the Safe Roads Act of 2012, the Secretary 
of Transportation shall establish, operate, and maintain a 
national clearinghouse for records relating to alcohol and con-
trolled substances testing of commercial motor vehicle opera-
tors. 
‘‘(2) PURPOSES.—The purposes of the clearinghouse shall 
be— 
‘‘(A) to improve compliance with the Department of 
Transportation’s alcohol and controlled substances testing 
program applicable to commercial motor vehicle operators; 
and
H. R. 4348—392 
‘‘(B) to enhance the safety of our United States road-
ways by reducing accident and injuries involving the misuse 
of alcohol or use of controlled substances by operators 
of commercial motor vehicles. 
‘‘(3) CONTENTS.—The clearinghouse shall function as a 
repository for records relating to the positive test results and 
test refusals of commercial motor vehicle operators and viola-
tions by such operators of prohibitions set forth in subpart 
B of part 382 of title 49, Code of Federal Regulations (or 
any subsequent corresponding regulations). 
‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.—The Secretary 
shall ensure that records can be electronically submitted to, 
and requested from, the clearinghouse by authorized users. 
‘‘(5) AUTHORIZED OPERATOR.—The Secretary may authorize 
a qualified private entity to operate and maintain the clearing-
house and to collect fees on behalf of the Secretary under 
subsection (e). The entity shall operate and maintain the 
clearinghouse and permit access to driver information and 
records from the clearinghouse in accordance with this section. 
‘‘(b) DESIGN OF CLEARINGHOUSE.— 
‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRA-
TION
RECOMMENDATIONS.—In establishing the clearinghouse, 
the Secretary shall consider— 
‘‘(A) the findings and recommendations contained in 
the Federal Motor Carrier Safety Administration’s March 
2004 report to Congress required under section 226 of 
the Motor Carrier Safety Improvement Act of 1999 (49 
U.S.C. 31306 note); and 
‘‘(B) the findings and recommendations contained in 
the Government Accountability Office’s May 2008 report 
to Congress entitled ‘Motor Carrier Safety: Improvements 
to Drug Testing Programs Could Better Identify Illegal 
Drug Users and Keep Them off the Road.’. 
‘‘(2) DEVELOPMENT OF SECURE PROCESSES.—In establishing 
the clearinghouse, the Secretary shall develop a secure process 
for— 
‘‘(A) administering and managing the clearinghouse 
in compliance with applicable Federal security standards; 
‘‘(B) registering and authenticating authorized users 
of the clearinghouse; 
‘‘(C) registering and authenticating persons required 
to report to the clearinghouse under subsection (g); 
‘‘(D) preventing the unauthorized access of information 
from the clearinghouse; 
‘‘(E) storing and transmitting data; 
‘‘(F) persons required to report to the clearinghouse 
under subsection (g) to timely and accurately submit elec-
tronic data to the clearinghouse; 
‘‘(G) generating timely and accurate reports from the 
clearinghouse in response to requests for information by 
authorized users; and 
‘‘(H) updating an individual’s record upon completion 
of the return-to-duty process described in title 49, Code 
of Federal Regulations. 
‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RESULT.—In estab-
lishing the clearinghouse, the Secretary shall develop a secure
H. R. 4348—393 
method for electronically notifying an employer of each addi-
tional positive test result or other noncompliance— 
‘‘(A) for an employee, that is entered into the clearing-
house during the 7-day period immediately following an 
employer’s inquiry about the employee; and 
‘‘(B) for an employee who is listed as having multiple 
employers. 
‘‘(4) ARCHIVE
CAPABILITY.—In establishing the clearing-
house, the Secretary shall develop a process for archiving all 
clearinghouse records for the purposes of auditing and evalu-
ating the timeliness, accuracy, and completeness of data in 
the clearinghouse. 
‘‘(5) FUTURE NEEDS.— 
‘‘(A) INTEROPERABILITY WITH OTHER DATA SYSTEMS.— 
In establishing the clearinghouse, the Secretary shall con-
sider— 
‘‘(i) the existing data systems containing regulatory 
and safety data for commercial motor vehicle operators; 
‘‘(ii) the efficacy of using or combining clearing-
house data with 1 or more of such systems; and 
‘‘(iii) the potential interoperability of the clearing-
house with such systems. 
‘‘(B) 
SPECIFIC
CONSIDERATIONS.—In 
carrying 
out 
subparagraph (A), the Secretary shall determine— 
‘‘(i) the clearinghouse’s capability for interoper-
ability with— 
‘‘(I) the National Driver Register established 
under section 30302; 
‘‘(II) the Commercial Driver’s License Informa-
tion System established under section 31309; 
‘‘(III) the Motor Carrier Management Informa-
tion System for preemployment screening services 
under section 31150; and 
‘‘(IV) other data systems, as appropriate; and 
‘‘(ii) any change to the administration of the cur-
rent testing program, such as forms, that is necessary 
to collect data for the clearinghouse. 
‘‘(c) STANDARD FORMATS.—The Secretary shall develop standard 
formats to be used— 
‘‘(1) by an authorized user of the clearinghouse to— 
‘‘(A) request a record from the clearinghouse; and 
‘‘(B) obtain the consent of an individual who is the 
subject of a request from the clearinghouse, if applicable; 
and 
‘‘(2) to notify an individual that a positive alcohol or con-
trolled substances test result, refusing to test, and a violation 
of any of the prohibitions under subpart B of part 382 of 
title 49, Code of Federal Regulations (or any subsequent cor-
responding regulations), will be reported to the clearinghouse. 
‘‘(d) PRIVACY.—A release of information from the clearinghouse 
shall— 
‘‘(1) comply with applicable Federal privacy laws, including 
the fair information practices under the Privacy Act of 1974 
(5 U.S.C. 552a); 
‘‘(2) comply with applicable sections of the Fair Credit 
Reporting Act (15 U.S.C. 1681 et seq.); and
H. R. 4348—394 
‘‘(3) not be made to any person or entity unless expressly 
authorized or required by law. 
‘‘(e) FEES.— 
‘‘(1) AUTHORITY
TO
COLLECT
FEES.—Except as provided 
under paragraph (3), the Secretary may collect a reasonable, 
customary, and nominal fee from an authorized user of the 
clearinghouse for a request for information from the clearing-
house. 
‘‘(2) USE OF FEES.—Fees collected under this subsection 
shall be used for the operation and maintenance of the clearing-
house. 
‘‘(3) LIMITATION.—The Secretary may not collect a fee from 
an individual requesting information from the clearinghouse 
that pertains to the record of that individual. 
‘‘(f) EMPLOYER REQUIREMENTS.— 
‘‘(1) DETERMINATION
CONCERNING
USE
OF
CLEARING-
HOUSE.—The Secretary shall determine if an employer is 
authorized to use the clearinghouse to meet the alcohol and 
controlled substances testing requirements under title 49, Code 
of Federal Regulations. 
‘‘(2) APPLICABILITY
OF
EXISTING
REQUIREMENTS.—Each 
employer and service agent shall continue to comply with the 
alcohol and controlled substances testing requirements under 
title 49, Code of Federal Regulations. 
‘‘(3) EMPLOYMENT PROHIBITIONS.—After the clearinghouse 
is established under subsection (a), at a date determined to 
be appropriate by the Secretary and published in the Federal 
Register, an employer shall utilize the clearinghouse to deter-
mine whether any employment prohibitions exist and shall 
not hire an individual to operate a commercial motor vehicle 
unless the employer determines that the individual, during 
the preceding 3-year period— 
‘‘(A) if tested for the use of alcohol and controlled 
substances, as required under title 49, Code of Federal 
Regulations— 
‘‘(i) did not test positive for the use of alcohol 
or controlled substances in violation of the regulations; 
or 
‘‘(ii) tested positive for the use of alcohol or con-
trolled substances and completed the required return- 
to-duty process under title 49, Code of Federal Regula-
tions; 
‘‘(B)(i) did not refuse to take an alcohol or controlled 
substance test under title 49, Code of Federal Regulations; 
or 
‘‘(ii) refused to take an alcohol or controlled substance 
test and completed the required return-to-duty process 
under title 49, Code of Federal Regulations; and 
‘‘(C) did not violate any other provision of subpart 
B of part 382 of title 49, Code of Federal Regulations 
(or any subsequent corresponding regulations). 
‘‘(4) ANNUAL
REVIEW.—After the clearinghouse is estab-
lished under subsection (a), at a date determined to be appro-
priate by the Secretary and published in the Federal Register, 
an employer shall request and review a commercial motor 
vehicle operator’s record from the clearinghouse annually for
H. R. 4348—395 
as long as the commercial motor vehicle operator is under 
the employ of the employer. 
‘‘(g) REPORTING OF RECORDS.— 
‘‘(1) IN GENERAL.—Beginning 30 days after the date that 
the clearinghouse is established under subsection (a), a medical 
review officer, employer, service agent, and other appropriate 
person, as determined by the Secretary, shall promptly submit 
to the Secretary any record generated after the clearinghouse 
is initiated of an individual who— 
‘‘(A) refuses to take an alcohol or controlled substances 
test required under title 49, Code of Federal Regulations; 
‘‘(B) tests positive for alcohol or a controlled substance 
in violation of the regulations; or 
‘‘(C) violates any other provision of subpart B of part 
382 of title 49, Code of Federal Regulations (or any subse-
quent corresponding regulations). 
‘‘(2) INCLUSION OF RECORDS IN CLEARINGHOUSE.—The Sec-
retary shall include in the clearinghouse the records of positive 
test results and test refusals received under paragraph (1). 
‘‘(3) MODIFICATIONS
AND
DELETIONS.—If the Secretary 
determines that a record contained in the clearinghouse is 
not accurate, the Secretary shall modify or delete the record, 
as appropriate. 
‘‘(4) NOTIFICATION.—The Secretary shall expeditiously 
notify an individual, unless such notification would be duplica-
tive, when— 
‘‘(A) a record relating to the individual is received 
by the clearinghouse; 
‘‘(B) a record in the clearinghouse relating to the indi-
vidual is modified or deleted, and include in the notification 
the reason for the modification or deletion; or 
‘‘(C) a record in the clearinghouse relating to the indi-
vidual is released to an employer and specify the reason 
for the release. 
‘‘(5) 
DATA
QUALITY
AND
SECURITY
STANDARDS
FOR 
REPORTING AND RELEASING.—The Secretary may establish addi-
tional requirements, as appropriate, to ensure that— 
‘‘(A) the submission of records to the clearinghouse 
is timely and accurate; 
‘‘(B) the release of data from the clearinghouse is 
timely, accurate, and released to the appropriate authorized 
user under this section; and 
‘‘(C) an individual with a record in the clearinghouse 
has a cause of action for any inappropriate use of informa-
tion included in the clearinghouse. 
‘‘(6) RETENTION OF RECORDS.—The Secretary shall— 
‘‘(A) retain a record submitted to the clearinghouse 
for a 5-year period beginning on the date the record is 
submitted; 
‘‘(B) remove the record from the clearinghouse at the 
end of the 5-year period, unless the individual fails to 
meet a return-to-duty or follow-up requirement under title 
49, Code of Federal Regulations; and 
‘‘(C) retain a record after the end of the 5-year period 
in a separate location for archiving and auditing purposes. 
‘‘(h) AUTHORIZED USERS.—
H. R. 4348—396 
‘‘(1) EMPLOYERS.—The Secretary shall establish a process 
for an employer, or an employer’s designated agent, to request 
and receive an individual’s record from the clearinghouse. 
‘‘(A) CONSENT.—An employer may not access an 
individual’s record from the clearinghouse unless the 
employer— 
‘‘(i) obtains the prior written or electronic consent 
of the individual for access to the record; and 
‘‘(ii) submits proof of the individual’s consent to 
the Secretary. 
‘‘(B) ACCESS TO RECORDS.—After receiving a request 
from an employer for an individual’s record under subpara-
graph (A), the Secretary shall grant access to the individ-
ual’s record to the employer as expeditiously as practicable. 
‘‘(C) RETENTION OF RECORD REQUESTS.—The Secretary 
shall require an employer to retain for a 3-year period— 
‘‘(i) a record of each request made by the employer 
for records from the clearinghouse; and 
‘‘(ii) the information received pursuant to the 
request. 
‘‘(D) USE
OF
RECORDS.—An employer may use an 
individual’s record received from the clearinghouse only 
to assess and evaluate whether a prohibition applies with 
respect to the individual to operate a commercial motor 
vehicle for the employer. 
‘‘(E) PROTECTION
OF
PRIVACY
OF
INDIVIDUALS.—An 
employer that receives an individual’s record from the 
clearinghouse under subparagraph (B) shall— 
‘‘(i) protect the privacy of the individual and the 
confidentiality of the record; and 
‘‘(ii) ensure that information contained in the 
record is not divulged to a person or entity that is 
not directly involved in assessing and evaluating 
whether a prohibition applies with respect to the indi-
vidual to operate a commercial motor vehicle for the 
employer. 
‘‘(2) STATE LICENSING AUTHORITIES.—The Secretary shall 
establish a process for the chief commercial driver’s licensing 
official of a State to request and receive an individual’s record 
from the clearinghouse if the individual is applying for a 
commercial driver’s license from the State. 
‘‘(A) CONSENT.—The Secretary may grant access to an 
individual’s record in the clearinghouse under this para-
graph without the prior written or electronic consent of 
the individual. An individual who holds a commercial 
driver’s license shall be deemed to consent to such access 
by obtaining a commercial driver’s license. 
‘‘(B) PROTECTION OF PRIVACY OF INDIVIDUALS.—A chief 
commercial driver’s licensing official of a State that receives 
an individual’s record from the clearinghouse under this 
paragraph shall— 
‘‘(i) protect the privacy of the individual and the 
confidentiality of the record; and 
‘‘(ii) ensure that the information in the record is 
not divulged to any person that is not directly involved 
in assessing and evaluating the qualifications of the 
individual to operate a commercial motor vehicle.
H. R. 4348—397 
‘‘(i) NATIONAL TRANSPORTATION SAFETY BOARD.—The Secretary 
shall establish a process for the National Transportation Safety 
Board to request and receive an individual’s record from the 
clearinghouse if the individual is involved in an accident that is 
under investigation by the National Transportation Safety Board. 
‘‘(j) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a process 
for an individual to request and receive information from the 
clearinghouse— 
‘‘(A) to determine whether the clearinghouse contains 
a record pertaining to the individual; 
‘‘(B) to verify the accuracy of a record; 
‘‘(C) to update an individual’s record, including com-
pleting the return-to-duty process described in title 49, 
Code of Federal Regulations; and 
‘‘(D) to determine whether the clearinghouse received 
requests for the individual’s information. 
‘‘(2) DISPUTE PROCEDURE.—The Secretary shall establish 
a procedure, including an appeal process, for an individual 
to dispute and remedy an administrative error in the individ-
ual’s record. 
‘‘(k) PENALTIES.— 
‘‘(1) IN GENERAL.—An employer, employee, medical review 
officer, or service agent who violates any provision of this 
section shall be subject to civil penalties under section 
521(b)(2)(C) and criminal penalties under section 521(b)(6)(B), 
and any other applicable civil and criminal penalties, as deter-
mined by the Secretary. 
‘‘(2) VIOLATION OF PRIVACY.—The Secretary shall establish 
civil and criminal penalties, consistent with paragraph (1), 
for an authorized user who violates paragraph (1) or (2) of 
subsection (h). 
‘‘(l) COMPATIBILITY OF STATE AND LOCAL LAWS.— 
‘‘(1) PREEMPTION.—Except as provided under paragraph 
(2), any law, regulation, order, or other requirement of a State, 
political subdivision of a State, or Indian tribe related to a 
commercial driver’s license holder subject to alcohol or con-
trolled substance testing under title 49, Code of Federal Regula-
tions, that is inconsistent with this section or a regulation 
issued pursuant to this section is preempted. 
‘‘(2) APPLICABILITY.—The preemption under paragraph (1) 
shall include— 
‘‘(A) the reporting of valid positive results from alcohol 
screening tests and drug tests; 
‘‘(B) the refusal to provide a specimen for an alcohol 
screening test or drug test; and 
‘‘(C) other violations of subpart B of part 382 of title 
49, Code of Federal Regulations (or any subsequent cor-
responding regulations). 
‘‘(3) EXCEPTION.—A law, regulation, order, or other require-
ment of a State, political subdivision of a State, or Indian 
tribe shall not be preempted under this subsection to the extent 
it relates to an action taken with respect to a commercial 
motor vehicle operator’s commercial driver’s license or driving 
record as a result of the driver’s— 
‘‘(A) verified positive alcohol or drug test result; 
‘‘(B) refusal to provide a specimen for the test; or
H. R. 4348—398 
‘‘(C) other violations of subpart B of part 382 of title 
49, Code of Federal Regulations (or any subsequent cor-
responding regulations). 
‘‘(m) DEFINITIONS.—In this section— 
‘‘(1) AUTHORIZED USER.—The term ‘authorized user’ means 
an employer, State licensing authority, or other person granted 
access to the clearinghouse under subsection (h). 
‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING OFFICIAL.—The 
term ‘chief commercial driver’s licensing official’ means the 
official in a State who is authorized to— 
‘‘(A) maintain a record about commercial driver’s 
licenses issued by the State; and 
‘‘(B) take action on commercial driver’s licenses issued 
by the State. 
‘‘(3) CLEARINGHOUSE.—The term ‘clearinghouse’ means the 
clearinghouse established under subsection (a). 
‘‘(4) COMMERCIAL
MOTOR
VEHICLE
OPERATOR.—The term 
‘commercial motor vehicle operator’ means an individual who— 
‘‘(A) possesses a valid commercial driver’s license 
issued in accordance with section 31308; and 
‘‘(B) is subject to controlled substances and alcohol 
testing under title 49, Code of Federal Regulations. 
‘‘(5) EMPLOYER.—The term ‘employer’ means a person or 
entity employing, or seeking to employ, 1 or more employees 
(including an individual who is self-employed) to be commercial 
motor vehicle operators. 
‘‘(6) MEDICAL REVIEW OFFICER.—The term ‘medical review 
officer’ means a licensed physician who is responsible for— 
‘‘(A) receiving and reviewing a laboratory result gen-
erated under the testing program; 
‘‘(B) evaluating a medical explanation for a controlled 
substances test under title 49, Code of Federal Regulations; 
and 
‘‘(C) interpreting the results of a controlled substances 
test. 
‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Transportation. 
‘‘(8) SERVICE AGENT.—The term ‘service agent’ means a 
person or entity, other than an employee of the employer, 
who provides services to employers or employees under the 
testing program. 
‘‘(9) TESTING PROGRAM.—The term ‘testing program’ means 
the alcohol and controlled substances testing program required 
under title 49, Code of Federal Regulations.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 313 
is amended by inserting after the item relating to section 31306 
the following: 
‘‘31306a. National clearinghouse for positive controlled substance and alcohol test 
results of commercial motor vehicle operators.’’. 
Subtitle E—Enforcement 
SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS. 
(a) SAFETY INVESTIGATIONS.—Section 504(c) is amended—
H. R. 4348—399 
(1) by inserting ‘‘, or an employee of the recipient of a 
grant issued under section 31102 of this title’’ after ‘‘a con-
tractor’’; and 
(2) by inserting ‘‘, in person or in writing’’ after ‘‘proper 
credentials’’. 
(b) CIVIL PENALTY.—Section 521(b)(2)(E) is amended— 
(1) by redesignating subparagraph (E) as subparagraph 
(E)(i); and 
(2) by adding at the end the following: 
‘‘(ii) PLACE OUT OF SERVICE.—The Secretary may 
by regulation adopt procedures for placing out of 
service the commercial motor vehicle of a foreign-domi-
ciled motor carrier that fails to promptly allow the 
Secretary to inspect and copy a record or inspect equip-
ment, land, buildings, or other property.’’. 
(c) HAZARDOUS MATERIALS INVESTIGATIONS.—Section 5121(c)(2) 
is amended by inserting ‘‘, in person or in writing,’’ after ‘‘proper 
credentials’’. 
(d) COMMERCIAL INVESTIGATIONS.—Section 14122(b) is amended 
by inserting ‘‘, in person or in writing’’ after ‘‘proper credentials’’. 
SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO 
RECORDS. 
Section 521(b)(2)(E) is amended— 
(1) by inserting after ‘‘$10,000.’’ the following: ‘‘In the case 
of a motor carrier, the Secretary may also place the violator’s 
motor carrier operations out of service.’’; and 
(2) by striking ‘‘such penalty’’ after ‘‘It shall be a defense 
to’’ and inserting ‘‘a penalty’’. 
SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT OF 
SERVICE ORDERS. 
Section 521(b)(2) is amended by adding at the end the following: 
‘‘(F) PENALTY
FOR
VIOLATIONS
RELATING
TO
OUT
OF 
SERVICE ORDERS.—A motor carrier or employer (as defined 
in section 31132) that operates a commercial motor vehicle 
in commerce in violation of a prohibition on transportation 
under section 31144(c) of this title or an imminent hazard 
out of service order issued under subsection (b)(5) of this 
section or section 5121(d) of this title shall be liable for 
a civil penalty not to exceed $25,000.’’. 
SEC. 32504. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL 
MOTOR VEHICLES FOR IMMINENT HAZARD. 
Section 521(b) is amended by adding at the end the following: 
‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR VEHICLES.— 
‘‘(A) ENFORCEMENT
OF
IMMINENT
HAZARD
OUT-OF- 
SERVICE ORDERS.— 
‘‘(i) The Secretary, or an authorized State official 
carrying out motor carrier safety enforcement activities 
under section 31102, may enforce an imminent hazard 
out-of-service order issued under chapters 5, 51, 131 
through 149, 311, 313, or 315 of this title, or a regula-
tion 
promulgated 
thereunder, 
by 
towing 
and 
impounding a commercial motor vehicle until the order 
is rescinded. 
‘‘(ii) Enforcement shall not unreasonably interfere 
with the ability of a shipper, carrier, broker, or other
H. R. 4348—400 
party to arrange for the alternative transportation of 
any cargo or passenger being transported at the time 
the commercial motor vehicle is immobilized. In the 
case of a commercial motor vehicle transporting pas-
sengers, the Secretary or authorized State official shall 
provide reasonable, temporary, and secure shelter and 
accommodations for passengers in transit. 
‘‘(iii) The Secretary’s designee or an authorized 
State official carrying out motor carrier safety enforce-
ment activities under section 31102, shall immediately 
notify the owner of a commercial motor vehicle of the 
impoundment and the opportunity for review of the 
impoundment. A review shall be provided in accordance 
with section 554 of title 5, except that the review 
shall occur not later than 10 days after the impound-
ment. 
‘‘(B) ISSUANCE OF REGULATIONS.—The Secretary shall 
promulgate regulations on the use of impoundment or 
immobilization of commercial motor vehicles as a means 
of enforcing additional out-of-service orders issued under 
chapters 5, 51, 131 through 149, 311, 313, or 315 of this 
title, or a regulation promulgated thereunder. Regulations 
promulgated under this subparagraph shall include consid-
eration of public safety, the protection of passengers and 
cargo, inconvenience to passengers, and the security of 
the commercial motor vehicle. 
‘‘(C) 
DEFINITION.—In 
this 
paragraph, 
the 
term 
‘impoundment’ or ‘impounding’ means the seizing and 
taking into custody of a commercial motor vehicle or the 
immobilizing of a commercial motor vehicle through the 
attachment of a locking device or other mechanical or elec-
tronic means.’’. 
SEC. 32505. INCREASED PENALTIES FOR EVASION OF REGULATIONS. 
(a) PENALTIES.—Section 524 is amended— 
(1) by striking ‘‘knowingly and willfully’’; 
(2) by inserting after ‘‘this chapter’’ the following: ‘‘, chapter 
51, subchapter III of chapter 311 (except sections 31138 and 
31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), 
or 31502 of this title, or a regulation issued under any of 
those provisions,’’; 
(3) by striking ‘‘$200 but not more than $500’’ and inserting 
‘‘$2,000 but not more than $5,000’’; and 
(4) by striking ‘‘$250 but not more than $2,000’’ and 
inserting ‘‘$2,500 but not more than $7,500’’. 
(b) EVASION OF REGULATION.—Section 14906 is amended— 
(1) by striking ‘‘$200’’ and inserting ‘‘at least $2,000’’; 
(2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; and 
(3) by inserting after ‘‘a subsequent violation’’ the following: 
‘‘, and may be subject to criminal penalties’’. 
SEC. 32506. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE 
SAFETY REGULATION AND OPERATORS. 
Section 521(b)(2)(D) is amended by striking ‘‘ability to pay,’’. 
SEC. 32507. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD. 
Section 31310(f) is amended—
H. R. 4348—401 
(1) in paragraph (1) by inserting ‘‘section 521 or’’ before 
‘‘section 5102’’; and 
(2) in paragraph (2) by inserting ‘‘section 521 or’’ before 
‘‘section 5102’’. 
SEC. 32508. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT 
AGENCIES. 
Section 31106(e) is amended— 
(1) by redesignating subsection (e) as subsection (e)(1); 
and 
(2) by inserting at the end the following: 
‘‘(2) IN
GENERAL.—Notwithstanding any prohibition on 
disclosure of information in section 31105(h) or 31143(b) of 
this title or section 552a of title 5, the Secretary may disclose 
information maintained by the Secretary pursuant to chapters 
51, 135, 311, or 313 of this title to appropriate personnel 
of a State agency or instrumentality authorized to carry out 
State commercial motor vehicle safety activities and commercial 
driver’s license laws, or appropriate personnel of a local law 
enforcement agency, in accordance with standards, conditions, 
and procedures as determined by the Secretary. Disclosure 
under this section shall not operate as a waiver by the Secretary 
of any applicable privilege against disclosure under common 
law or as a basis for compelling disclosure under section 552 
of title 5.’’. 
SEC. 32509. GRADE CROSSING SAFETY REGULATIONS. 
Section 112(2) of the Hazardous Materials Transportation 
Authorization Act of 1994 (Public Law 103–311) is amended by 
striking ‘‘315 of such title (relating to motor carrier safety)’’ and 
inserting ‘‘311 of such title (relating to commercial motor vehicle 
safety)’’. 
Subtitle F—Compliance, Safety, 
Accountability 
SEC. 32601. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Section 31102(b) is amended— 
(1) by amending the heading to read as follows: 
‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—’’; 
(2) by redesignating paragraphs (1) through (3) as (2) 
through (4), respectively; 
(3) by inserting before paragraph (2), as redesignated, the 
following: 
‘‘(1) PROGRAM GOAL.—The goal of the Motor Carrier Safety 
Assistance Program is to ensure that the Secretary, States, 
local government agencies, and other political jurisdictions work 
in partnership to establish programs to improve motor carrier, 
commercial motor vehicle, and driver safety to support a safe 
and efficient surface transportation system by— 
‘‘(A) making targeted investments to promote safe 
commercial 
motor 
vehicle 
transportation, 
including 
transportation of passengers and hazardous materials; 
‘‘(B) investing in activities likely to generate maximum 
reductions in the number and severity of commercial motor 
vehicle crashes and fatalities resulting from such crashes;
H. R. 4348—402 
‘‘(C) adopting and enforcing effective motor carrier, 
commercial motor vehicle, and driver safety regulations 
and practices consistent with Federal requirements; and 
‘‘(D) assessing and improving statewide performance 
by setting program goals and meeting performance stand-
ards, measures, and benchmarks.’’; 
(4) in paragraph (2), as redesignated— 
(A) by striking ‘‘make a declaration of’’ in subparagraph 
(I) and inserting ‘‘demonstrate’’; 
(B) by amending subparagraph (M) to read as follows: 
‘‘(M) ensures participation in appropriate Federal 
Motor Carrier Safety Administration systems and other 
information systems by all appropriate jurisdictions 
receiving 
Motor 
Carrier 
Safety 
Assistance 
Program 
funding;’’; 
(C) in subparagraph (Q), by inserting ‘‘and dedicated 
sufficient resources to’’ between ‘‘established’’ and ‘‘a pro-
gram’’; 
(D) in subparagraph (W), by striking ‘‘and’’ after the 
semicolon; 
(E) in subparagraph (X), by striking the period and 
inserting ‘‘; and’’; and 
(F) by adding after subparagraph (X) the following: 
‘‘(Y) ensures that the State will transmit to its roadside 
inspectors the notice of each Federal exemption granted 
pursuant to section 31315(b) and provided to the State 
by the Secretary, including the name of the person granted 
the exemption and any terms and conditions that apply 
to the exemption.’’; and 
(5) by amending paragraph (4), as redesignated, to read 
as follows: 
‘‘(4) MAINTENANCE OF EFFORT.— 
‘‘(A) IN GENERAL.—A plan submitted by a State under 
paragraph (2) shall provide that the total expenditure of 
amounts of the lead State agency responsible for imple-
menting the plan will be maintained at a level at least 
equal to the average level of that expenditure for fiscal 
years 2004 and 2005. 
‘‘(B) AVERAGE LEVEL OF STATE EXPENDITURES.—In esti-
mating the average level of State expenditure under 
subparagraph (A), the Secretary— 
‘‘(i) may allow the State to exclude State expendi-
tures for Government-sponsored demonstration or pilot 
programs; and 
‘‘(ii) shall require the State to exclude State 
matching 
amounts 
used 
to 
receive 
Government 
financing under this subsection. 
‘‘(C) WAIVER.—Upon the request of a State, the Sec-
retary may waive or modify the requirements of this para-
graph for 1 fiscal year, if the Secretary determines that 
a waiver is equitable due to exceptional or uncontrollable 
circumstances, such as a natural disaster or a serious 
decline in the financial resources of the State motor carrier 
safety assistance program agency.’’.
H. R. 4348—403 
SEC. 32602. PERFORMANCE AND REGISTRATION INFORMATION SYS-
TEMS MANAGEMENT PROGRAM. 
Section 31106(b) is amended by amending paragraph (3)(C) 
to read as follows: 
‘‘(C) establish and implement a process— 
‘‘(i) to cancel the motor vehicle registration and 
seize the registration plates of a vehicle when an 
employer is found liable under section 31310(i)(2)(C) 
for knowingly allowing or requiring an employee to 
operate such a commercial motor vehicle in violation 
of an out-of-service order; and 
‘‘(ii) to reinstate the vehicle registration or return 
the registration plates of the commercial motor vehicle, 
subject to sanctions under clause (i), if the Secretary 
permits such carrier to resume operations after the 
date of issuance of such order.’’. 
SEC. 32603. AUTHORIZATION OF APPROPRIATIONS. 
(a) MOTOR
CARRIER
SAFETY
GRANTS.—Section 31104(a) is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph (7); 
(2) by striking paragraph (8); and 
(3) by inserting after paragraph (7) the following: 
‘‘(8) $215,000,000 for fiscal year 2013; and 
‘‘(9) $218,000,000 for fiscal year 2014.’’. 
(b) 
ADMINISTRATIVE
EXPENSES.—Section 
31104(i)(1) 
is 
amended— 
(1) by striking ‘‘and’’ at the end of subparagraph (G); and 
(2) by striking subparagraph (H); and 
(3) by inserting after subparagraph (G) the following: 
‘‘(H) $251,000,000 for fiscal year 2013; and 
‘‘(I) $259,000,000 for fiscal year 2014.’’. 
(c) GRANT PROGRAMS.—Section 4101(c) of SAFETEA-LU (119 
Stat. 1715) is amended to read as follows: 
‘‘(c) GRANT PROGRAMS.—There are authorized to be appro-
priated from the Highway Trust Fund (other than the Mass Transit 
Account) the following sums for the following Federal Motor Carrier 
Safety Administration programs: 
‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT 
GRANTS.—For commercial driver’s license program improvement 
grants under section 31313 of title 49, United States Code 
$30,000,000 for each of fiscal years 2013 and 2014. 
‘‘(2) BORDER ENFORCEMENT GRANTS.—For border enforce-
ment grants under section 31107 of such title $32,000,000 
for each of fiscal years 2013 and 2014. 
‘‘(3) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM 
MANAGEMENT GRANT PROGRAM.—For the performance and reg-
istration information system management grant program under 
section 31109 of such title $5,000,000 for each of fiscal years 
2013 and 2014. 
‘‘(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET-
WORKS DEPLOYMENT.—For carrying out the commercial vehicle 
information systems and networks deployment program under 
section 4126 of this Act, $25,000,000 for each of fiscal years 
2013 and 2014.
H. R. 4348—404 
‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For safety data 
improvement grants under section 4128 of this Act, $3,000,000 
for each of fiscal years 2013 and 2014.’’. 
(d) HIGH-PRIORITY ACTIVITIES.—Section 31104(k)(2) is amended 
by striking ‘‘2011 and $11,250,000 for the period beginning on 
October 1, 2011, and ending on June 30, 2012,’’ and inserting 
‘‘2014’’. 
(e) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) is amended 
to read as follows: 
‘‘(B) SET ASIDE.—The Secretary shall set aside from 
amounts made available by section 31104(a) up to 
$32,000,000 per fiscal year for audits of new entrant motor 
carriers conducted pursuant to this paragraph.’’. 
(f) OUTREACH AND EDUCATION.—Section 4127(e) of SAFETEA- 
LU (119 Stat. 1741) is amended to read as follows: 
‘‘(e) FUNDING.—From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall make 
available $4,000,000 to the Federal Motor Carrier Safety Adminis-
tration for each of fiscal years 2013 and 2014 to carry out this 
section (other than subsection (f)).’’. 
(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERA-
TORS.—Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) 
is amended by striking ‘‘2011 and $750,000 for the period beginning 
on October 1, 2011, and ending on June 30, 2012,’’ and inserting 
‘‘2014’’. 
(h) 
BORDER
ENFORCEMENT
GRANTS.—Section 
31107 
is 
amended— 
(1) by striking subsection (b); and 
(2) redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively. 
(i) ADMINISTRATION OF GRANT PROGRAMS.—The Secretary is 
authorized to identify and implement processes to reduce the 
administrative burden on the States and the Department of 
Transportation concerning the application and management of the 
grant programs authorized under chapter 311 and chapter 313 
of title 49, United States Code. 
SEC. 32604. GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION. 
(a) GRANTS
FOR COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION.—Section 31313(a) is amended to read as follows: 
‘‘(a) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT 
GRANTS.— 
‘‘(1) PROGRAM GOAL.—The Secretary of Transportation may 
make a grant to a State in a fiscal year— 
‘‘(A) to comply with the requirements of section 31311; 
‘‘(B) in the case of a State that is making a good 
faith effort toward substantial compliance with the require-
ments of this section and section 31311, to improve its 
implementation of its commercial driver’s license program, 
including expenses— 
‘‘(i) for computer hardware and software; 
‘‘(ii) for publications, testing, personnel, training, 
and quality control; 
‘‘(iii) for commercial driver’s license program 
coordinators;
H. R. 4348—441 
(A) Section 4481(f). 
(B) Section 4482(d). 
(2) EXTENSION AND TECHNICAL CORRECTION.— 
(A) IN GENERAL.—Paragraph (4) of section 4482(c) of 
such Code is amended to read as follows: 
‘‘(4) TAXABLE
PERIOD.—The term ‘taxable period’ means 
any year beginning before July 1, 2017, and the period which 
begins on July 1, 2017, and ends at the close of September 
30, 2017.’’. 
(B) EFFECTIVE DATE.—The amendment made by this 
paragraph shall take effect as if included in the amend-
ments made by section 142 of the Surface Transportation 
Extension Act of 2011, Part II. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of the Internal 
Revenue Code of 1986 is amended— 
(1) by striking ‘‘July 1, 2012’’ each place it appears and 
inserting ‘‘October 1, 2016’’, 
(2) by striking ‘‘December 31, 2012’’ each place it appears 
and inserting ‘‘March 31, 2017’’, and 
(3) by striking ‘‘October 1, 2012’’ and inserting ‘‘January 
1, 2017’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) of the Internal Revenue Code of 1986 
is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October 
1, 2016’’. 
(2) Section 4483(i) of such Code is amended by striking 
‘‘July 1, 2012’’ and inserting ‘‘October 1, 2017’’. 
(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 
(1) IN GENERAL.—Section 9503 of the Internal Revenue 
Code of 1986 is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘July 1, 2012’’ each place it appears 
in paragraphs (1) and (2) and inserting ‘‘October 1, 
2016’’, 
(ii) by striking ‘‘JULY 1, 2012’’ in the heading of 
paragraph (2) and inserting ‘‘OCTOBER 1, 2016’’, 
(iii) by striking ‘‘June 30, 2012’’ in paragraph (2) 
and inserting ‘‘September 30, 2016’’, and 
(iv) by striking ‘‘April 1, 2013’’ in paragraph (2) 
and inserting ‘‘July 1, 2017’’, and 
(B) in subsection (c)(2), by striking ‘‘April 1, 2013’’ 
and inserting ‘‘July 1, 2017’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) and (4)(A) of 
section 9503(c) of such Code are each amended by striking 
‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’. 
(B) CONFORMING AMENDMENTS TO LAND AND WATER 
CONSERVATION
FUND.—Section 201(b) of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 
11(b)) is amended— 
(i) by striking ‘‘July 1, 2013’’ each place it appears 
and inserting ‘‘October 1, 2017’’, and 
(ii) by striking ‘‘July 1, 2012’’ and inserting 
‘‘October 1, 2016’’. 
(f) EFFECTIVE DATE.—Except as otherwise provided in this sec-
tion, the amendments made by this section shall take effect on 
July 1, 2012.
H. R. 4348—442 
TITLE II—REVENUE PROVISIONS 
Subtitle A—Leaking Underground Storage 
Tank Trust Fund 
SEC. 40201. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK 
TRUST FUND TO HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Subsection (c) of section 9508 of the Internal 
Revenue Code of 1986 is amended— 
(1) by striking ‘‘Amounts’’ and inserting: 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
amounts’’, and 
(2) by adding at the end the following new paragraph: 
‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.—Out of amounts 
in the Leaking Underground Storage Tank Trust Fund there 
is hereby appropriated $2,400,000,000 to be transferred under 
section 9503(f)(3) to the Highway Account (as defined in section 
9503(e)(5)(B)) in the Highway Trust Fund.’’. 
(b) TRANSFER TO HIGHWAY TRUST FUND.— 
(1) IN
GENERAL.—Subsection (f) of section 9503 of the 
Internal Revenue Code of 1986 is amended by inserting after 
paragraph (2) the following new paragraph: 
‘‘(3) INCREASE IN FUND BALANCE.—There is hereby trans-
ferred to the Highway Account (as defined in subsection 
(e)(5)(B)) in the Highway Trust Fund amounts appropriated 
from the Leaking Underground Storage Tank Trust Fund under 
section 9508(c)(2).’’. 
(2) CONFORMING AMENDMENTS.—Paragraph (4) of section 
9503(f) of such Code is amended— 
(A) by inserting ‘‘or transferred’’ after ‘‘appropriated’’, 
and 
(B) by striking ‘‘APPROPRIATED’’ in the heading thereof. 
Subtitle B—Pension Provisions 
PART I—PENSION FUNDING STABILIZATION 
SEC. 40211. PENSION FUNDING STABILIZATION. 
(a) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.— 
(1) IN
GENERAL.—Subparagraph (C) of section 430(h)(2) 
of the Internal Revenue Code of 1986 is amended by adding 
at the end the following new clause: 
‘‘(iv) SEGMENT RATE STABILIZATION.— 
‘‘(I) IN GENERAL.—If a segment rate described 
in clause (i), (ii), or (iii) with respect to any 
applicable month (determined without regard to 
this clause) is less than the applicable minimum 
percentage, or more than the applicable maximum 
percentage, of the average of the segment rates 
described in such clause for years in the 25-year 
period ending with September 30 of the calendar 
year preceding the calendar year in which the 
plan year begins, then the segment rate described 
in such clause with respect to the applicable month
H. R. 4348—443 
shall be equal to the applicable minimum percent-
age or the applicable maximum percentage of such 
average, whichever is closest. The Secretary shall 
determine such average on an annual basis and 
may prescribe equivalent rates for years in any 
such 25-year period for which the rates described 
in any such clause are not available. 
‘‘(II) 
APPLICABLE
MINIMUM
PERCENTAGE; 
APPLICABLE MAXIMUM PERCENTAGE.—For purposes 
of subclause (I), the applicable minimum percent-
age and the applicable maximum percentage for 
a plan year beginning in a calendar year shall 
be determined in accordance with the following 
table: 
‘‘If the calendar year is: 
The appli-
cable min-
imum per-
centage is: 
The appli-
cable max-
imum per-
centage is: 
2012 .........................................................
90% 
110%
2013 .........................................................
85% 
115%
2014 .........................................................
80% 
120%
2015 .........................................................
75% 
125%
After 2015 ...............................................
70% 
130%.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Paragraph (6) of section 404(o) of such Code is 
amended by inserting ‘‘(determined by not taking into 
account any adjustment under clause (iv) of subsection 
(h)(2)(C) thereof)’’ before the period. 
(B) Subparagraph (F) of section 430(h)(2) of such Code 
is amended by inserting ‘‘and the averages determined 
under subparagraph (C)(iv)’’ after ‘‘subparagraph (C)’’. 
(C) Subparagraphs (C) and (D) of section 417(e)(3) 
of such Code are each amended by striking ‘‘section 
430(h)(2)(C)’’ and inserting ‘‘section 430(h)(2)(C) (deter-
mined by not taking into account any adjustment under 
clause (iv) thereof)’’. 
(D) Section 420 of such Code is amended by adding 
at the end the following new subsection: 
‘‘(g) SEGMENT RATES DETERMINED WITHOUT PENSION STABILIZA-
TION.—For purposes of this section, section 430 shall be applied 
without regard to subsection (h)(2)(C)(iv) thereof.’’. 
(b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY 
ACT OF 1974.— 
(1) IN
GENERAL.—Subparagraph (C) of section 303(h)(2) 
of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1083(h)(2)) is amended by adding at the end the fol-
lowing new clause: 
‘‘(iv) SEGMENT RATE STABILIZATION.— 
‘‘(I) IN GENERAL.—If a segment rate described 
in clause (i), (ii), or (iii) with respect to any 
applicable month (determined without regard to 
this clause) is less than the applicable minimum
H. R. 4348—444 
percentage, or more than the applicable maximum 
percentage, of the average of the segment rates 
described in such clause for years in the 25-year 
period ending with September 30 of the calendar 
year preceding the calendar year in which the 
plan year begins, then the segment rate described 
in such clause with respect to the applicable month 
shall be equal to the applicable minimum percent-
age or the applicable maximum percentage of such 
average, whichever is closest. The Secretary of the 
Treasury shall determine such average on an 
annual basis and may prescribe equivalent rates 
for years in any such 25-year period for which 
the rates described in any such clause are not 
available. 
‘‘(II) 
APPLICABLE
MINIMUM
PERCENTAGE; 
APPLICABLE MAXIMUM PERCENTAGE.—For purposes 
of subclause (I), the applicable minimum percent-
age and the applicable maximum percentage for 
a plan year beginning in a calendar year shall 
be determined in accordance with the following 
table: 
‘‘If the calendar year is: 
The appli-
cable min-
imum per-
centage is: 
The appli-
cable max-
imum per-
centage is: 
2012 .........................................................
90% 
110%
2013 .........................................................
85% 
115%
2014 .........................................................
80% 
120%
2015 .........................................................
75% 
125%
After 2015 ...............................................
70% 
130%.’’. 
(2) DISCLOSURE OF EFFECT OF SEGMENT RATE STABILIZATION 
ON PLAN FUNDING.— 
(A) IN GENERAL.—Paragraph (2) of section 101(f) of 
such Act (29 U.S.C. 1021(f)) is amended by adding at 
the end the following new subparagraph: 
‘‘(D) EFFECT OF SEGMENT RATE STABILIZATION ON PLAN 
FUNDING.— 
‘‘(i) IN GENERAL.—In the case of a single-employer 
plan for an applicable plan year, each notice under 
paragraph (1) shall include— 
‘‘(I) a statement that the MAP-21 modified 
the method for determining the interest rates used 
to determine the actuarial value of benefits earned 
under the plan, providing for a 25-year average 
of interest rates to be taken into account in addi-
tion to a 2-year average, 
‘‘(II) a statement that, as a result of the MAP- 
21, the plan sponsor may contribute less money 
to the plan when interest rates are at historical 
lows, and
H. R. 4348—455 
PART IV—TRANSFERS OF EXCESS PENSION 
ASSETS 
SEC. 40241. EXTENSION FOR TRANSFERS OF EXCESS PENSION ASSETS 
TO RETIREE HEALTH ACCOUNTS. 
(a) IN GENERAL.—Paragraph (5) of section 420(b) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘December 31, 2013’’ 
and inserting ‘‘December 31, 2021’’. 
(b) CONFORMING ERISA AMENDMENTS.— 
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the 
Employee Retirement Income Security Act of 1974 are each 
amended by striking ‘‘Pension Protection Act of 2006’’ and 
inserting ‘‘MAP–21’’. 
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13)) 
is amended by striking ‘‘January 1, 2014’’ and inserting 
‘‘January 1, 2022’’. 
(c) EFFECTIVE DATE.—The amendments made by this Act shall 
take effect on the date of the enactment of this Act. 
SEC. 40242. TRANSFER OF EXCESS PENSION ASSETS TO RETIREE 
GROUP TERM LIFE INSURANCE ACCOUNTS. 
(a) IN GENERAL.—Subsection (a) of section 420 of the Internal 
Revenue Code of 1986 is amended by inserting ‘‘, or an applicable 
life insurance account,’’ after ‘‘health benefits account’’. 
(b) APPLICABLE LIFE INSURANCE ACCOUNT DEFINED.— 
(1) IN
GENERAL.—Subsection (e) of section 420 of the 
Internal Revenue Code of 1986 is amended by redesignating 
paragraphs (4) and (5) as paragraphs (5) and (6), respectively, 
and by inserting after paragraph (3) the following new para-
graph: 
‘‘(4) APPLICABLE
LIFE
INSURANCE
ACCOUNT.—The term 
‘applicable life insurance account’ means a separate account 
established and maintained for amounts transferred under this 
section for qualified current retiree liabilities based on pre-
miums for applicable life insurance benefits.’’. 
(2) APPLICABLE LIFE INSURANCE BENEFITS DEFINED.—Para-
graph (1) of section 420(e) of such Code is amended by redesig-
nating subparagraph (D) as subparagraph (E) and by inserting 
after subparagraph (C) the following new subparagraph: 
‘‘(D) APPLICABLE LIFE INSURANCE BENEFITS.—The term 
‘applicable life insurance benefits’ means group-term life 
insurance coverage provided to retired employees who, 
immediately before the qualified transfer, are entitled to 
receive such coverage by reason of retirement and who 
are entitled to pension benefits under the plan, but only 
to the extent that such coverage is provided under a policy 
for retired employees and the cost of such coverage is 
excludable from the retired employee’s gross income under 
section 79.’’. 
(3) COLLECTIVELY
BARGAINED
LIFE
INSURANCE
BENEFITS 
DEFINED.— 
(A) IN GENERAL.—Paragraph (6) of section 420(f) of 
such Code is amended by redesignating subparagraph (D) 
as subparagraph (E) and by inserting after subparagraph 
(C) the following new subparagraph:
H. R. 4348—456 
‘‘(D) COLLECTIVELY BARGAINED LIFE INSURANCE BENE-
FITS.—The term ‘collectively bargained life insurance bene-
fits’ means, with respect to any collectively bargained 
transfer— 
‘‘(i) applicable life insurance benefits which are 
provided to retired employees who, immediately before 
the transfer, are entitled to receive such benefits by 
reason of retirement, and 
‘‘(ii) if specified by the provisions of the collective 
bargaining 
agreement 
governing 
the 
transfer, 
applicable life insurance benefits which will be pro-
vided at retirement to employees who are not retired 
employees at the time of the transfer.’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Clause (i) of section 420(e)(1)(C) of such Code 
is amended by striking ‘‘upon retirement’’ and inserting 
‘‘by reason of retirement’’. 
(ii) Subparagraph (C) of section 420(f)(6) of such 
Code is amended— 
(I) by striking ‘‘which are provided to’’ in the 
matter preceding clause (i), 
(II) by inserting ‘‘which are provided to’’ before 
‘‘retired employees’’ in clause (i), 
(III) by striking ‘‘upon retirement’’ in clause 
(i) and inserting ‘‘by reason of retirement’’, and 
(IV) by striking ‘‘active employees who, fol-
lowing their retirement,’’ and inserting ‘‘which will 
be provided at retirement to employees who are 
not retired employees at the time of the transfer 
and who’’. 
(c) MAINTENANCE OF EFFORT.— 
(1) IN GENERAL.—Subparagraph (A) of section 420(c)(3) of 
the Internal Revenue Code of 1986 is amended by inserting 
‘‘, and each group-term life insurance plan under which 
applicable life insurance benefits are provided,’’ after ‘‘health 
benefits are provided’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Subparagraph (B) of section 420(c)(3) of such Code 
is amended— 
(i) by redesignating subclauses (I) and (II) of clause 
(i) as subclauses (II) and (III) of such clause, respec-
tively, and by inserting before subclause (II) of such 
clause, as so redesignated, the following new subclause: 
‘‘(I) separately with respect to applicable 
health benefits and applicable life insurance bene-
fits,’’, and 
(ii) by striking ‘‘for applicable health benefits’’ and 
all that follows in clause (ii) and inserting ‘‘was pro-
vided during such taxable year for the benefits with 
respect to which the determination under clause (i) 
is made.’’. 
(B) Subparagraph (C) of section 420(c)(3) of such Code 
is amended— 
(i) by inserting ‘‘for applicable health benefits’’ 
after ‘‘applied separately’’, and 
(ii) by inserting ‘‘, and separately for applicable 
life insurance benefits with respect to individuals age
H. R. 4348—457 
65 or older at any time during the taxable year and 
with respect to individuals under age 65 during the 
taxable year’’ before the period. 
(C) Subparagraph (E) of section 420(c)(3) of such Code 
is amended— 
(i) in clause (i), by inserting ‘‘or retiree life insur-
ance coverage, as the case may be,’’ after ‘‘retiree health 
coverage’’, 
(ii) in clause (ii), by inserting ‘‘FOR RETIREE HEALTH 
COVERAGE’’ after ‘‘COST REDUCTIONS’’ in the heading 
thereof, and 
(iii) in clause (ii)(II), by inserting ‘‘with respect 
to applicable health benefits’’ after ‘‘liabilities of the 
employer’’. 
(D) Paragraph (2) of section 420(f) of such Code is 
amended by striking ‘‘collectively bargained retiree health 
liabilities’’ each place it occurs and inserting ‘‘collectively 
bargained retiree liabilities’’. 
(E) Clause (i) of section 420(f)(2)(D) of such Code is 
amended— 
(i) by inserting ‘‘, and each group-term life insur-
ance plan or arrangement under which applicable life 
insurance benefits are provided,’’ in subclause (I) after 
‘‘applicable health benefits are provided’’, 
(ii) by inserting ‘‘or applicable life insurance bene-
fits, as the case may be,’’ in subclause (I) after ‘‘provides 
applicable health benefits’’, 
(iii) by striking ‘‘group health’’ in subclause (II), 
and 
(iv) by inserting ‘‘or collectively bargained life 
insurance benefits’’ in subclause (II) after ‘‘collectively 
bargained health benefits’’. 
(F) Clause (ii) of section 420(f)(2)(D) of such Code is 
amended— 
(i) by inserting ‘‘with respect to applicable health 
benefits or applicable life insurance benefits’’ after 
‘‘requirements of subsection (c)(3)’’, and 
(ii) by adding at the end the following: ‘‘Such elec-
tion may be made separately with respect to applicable 
health benefits and applicable life insurance benefits. 
In the case of an election with respect to applicable 
life insurance benefits, the first sentence of this clause 
shall be applied as if subsection (c)(3) as in effect 
before the amendments made by such Act applied to 
such benefits.’’. 
(G) Clause (iii) of section 420(f)(2)(D) of such Code 
is amended— 
(i) by striking ‘‘retiree’’ each place it occurs, and 
(ii) by inserting ‘‘, collectively bargained life insur-
ance benefits, or both, as the case may be,’’ after 
‘‘health benefits’’ each place it occurs. 
(d) COORDINATION WITH SECTION 79.—Section 79 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following 
new subsection: 
‘‘(f) EXCEPTION FOR LIFE INSURANCE PURCHASED IN CONNECTION 
WITH QUALIFIED TRANSFER
OF EXCESS PENSION ASSETS.—Sub-
section (b)(3) and section 72(m)(3) shall not apply in the case
H. R. 4348—458 
of any cost paid (whether directly or indirectly) with assets held 
in an applicable life insurance account (as defined in section 
420(e)(4)) under a defined benefit plan.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 420 of the Internal Revenue Code of 1986 is 
amended by striking ‘‘qualified current retiree health liabilities’’ 
each place it appears and inserting ‘‘qualified current retiree 
liabilities’’. 
(2) Section 420 of such Code is amended by inserting ‘‘, 
or an applicable life insurance account,’’ after ‘‘a health benefits 
account’’ each place it appears in subsection (b)(1)(A), subpara-
graphs (A), (B)(i), and (C) of subsection (c)(1), subsection 
(d)(1)(A), and subsection (f)(2)(E)(ii). 
(3) Section 420(b) of such Code is amended— 
(A) by adding the following at the end of paragraph 
(2)(A): ‘‘If there is a transfer from a defined benefit plan 
to both a health benefits account and an applicable life 
insurance account during any taxable year, such transfers 
shall be treated as 1 transfer for purposes of this para-
graph.’’, and 
(B) by inserting ‘‘to an account’’ after ‘‘may be trans-
ferred’’ in paragraph (3). 
(4) The heading for section 420(c)(1)(B) of such Code is 
amended by inserting ‘‘OR LIFE INSURANCE’’ after ‘‘HEALTH BENE-
FITS’’. 
(5) Paragraph (1) of section 420(e) of such Code is 
amended— 
(A) by inserting ‘‘and applicable life insurance benefits’’ 
in subparagraph (A) after ‘‘applicable health benefits’’, and 
(B) by striking ‘‘HEALTH’’ in the heading thereof. 
(6) Subparagraph (B) of section 420(e)(1) of such Code 
is amended— 
(A) in the matter preceding clause (i), by inserting 
‘‘(determined separately for applicable health benefits and 
applicable life insurance benefits)’’ after ‘‘shall be reduced 
by the amount’’, 
(B) in clause (i), by inserting ‘‘or applicable life insur-
ance accounts’’ after ‘‘health benefit accounts’’, and 
(C) in clause (i), by striking ‘‘qualified current retiree 
health liability’’ and inserting ‘‘qualified current retiree 
liability’’. 
(7) The heading for subsection (f) of section 420 of such 
Code is amended by striking ‘‘HEALTH’’ each place it occurs. 
(8) Subclause (II) of section 420(f)(2)(B)(ii) of such Code 
is amended by inserting ‘‘or applicable life insurance account, 
as the case may be,’’ after ‘‘health benefits account’’. 
(9) Subclause (III) of section 420(f)(2)(E)(i) of such Code 
is amended— 
(A) by inserting ‘‘defined benefit’’ before ‘‘plan main-
tained by an employer’’, and 
(B) by inserting ‘‘health’’ before ‘‘benefit plans main-
tained by the employer’’. 
(10) Paragraphs (4) and (6) of section 420(f) of such Code 
are each amended by striking ‘‘collectively bargained retiree 
health liabilities’’ each place it occurs and inserting ‘‘collectively 
bargained retiree liabilities’’.
H. R. 4348—459 
(11) Subparagraph (A) of section 420(f)(6) of such Code 
is amended— 
(A) in clauses (i) and (ii), by inserting ‘‘, in the case 
of a transfer to a health benefits account,’’ before ‘‘his 
covered spouse and dependents’’, and 
(B) in clause (ii), by striking ‘‘health plan’’ and inserting 
‘‘plan’’. 
(12) Subparagraph (B) of section 420(f)(6) of such Code 
is amended— 
(A) in clause (i), by inserting ‘‘, and collectively bar-
gained life insurance benefits,’’ after ‘‘collectively bargained 
health benefits’’, 
(B) in clause (ii)— 
(i) by adding at the end the following: ‘‘The pre-
ceding sentence shall be applied separately for collec-
tively bargained health benefits and collectively bar-
gained life insurance benefits.’’, and 
(ii) by inserting ‘‘, applicable life insurance 
accounts,’’ after ‘‘health benefit accounts’’, and 
(C) by striking ‘‘HEALTH’’ in the heading thereof. 
(13) Subparagraph (E) of section 420(f)(6) of such Code, 
as redesignated by subsection (b), is amended— 
(A) by striking ‘‘bargained health’’ and inserting ‘‘bar-
gained’’, 
(B) by inserting ‘‘, or a group-term life insurance plan 
or arrangement for retired employees,’’ after ‘‘dependents’’, 
and 
(C) by striking ‘‘HEALTH’’ in the heading thereof. 
(14) Section 101(e) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1021(e)) is amended— 
(A) in paragraphs (1) and (2), by inserting ‘‘or 
applicable life insurance account’’ after ‘‘health benefits 
account’’ each place it appears, and 
(B) in paragraph (1), by inserting ‘‘or applicable life 
insurance benefit liabilities’’ after ‘‘health benefits liabil-
ities’’. 
(f) TECHNICAL CORRECTION.—Clause (iii) of section 420(f)(6)(B) 
of the Internal Revenue Code of 1986 is amended by striking 
‘‘416(I)(1)’’ and inserting ‘‘416(i)(1)’’. 
(g) REPEAL OF DEADWOOD.— 
(1) Subparagraph (A) of section 420(b)(1) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘in a taxable 
year beginning after December 31, 1990’’. 
(2) Subsection (b) of section 420 of such Code is amended 
by striking paragraph (4) and by redesignating paragraph (5), 
as amended by this Act, as paragraph (4). 
(3) Paragraph (2) of section 420(b) of such Code, as 
amended by this section, is amended— 
(A) by striking subparagraph (B), and 
(B) by striking ‘‘PER
YEAR.—’’ and all that follows 
through ‘‘No more than’’ and inserting ‘‘PER
YEAR.—No 
more than’’. 
(4) Paragraph (2) of section 420(c) of such Code is 
amended— 
(A) by striking subparagraph (B), 
(B) by moving subparagraph (A) two ems to the left, 
and
H. R. 4348—460 
(C) by striking ‘‘BEFORE TRANSFER.—’’ and all that fol-
lows through ‘‘The requirements of this paragraph’’ and 
inserting the following: ‘‘BEFORE TRANSFER.—The require-
ments of this paragraph’’. 
(5) Paragraph (2) of section 420(d) of such Code is amended 
by striking ‘‘after December 31, 1990’’. 
(h) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall apply to transfers made after the date of the enactment 
of this Act. 
(2) CONFORMING
AMENDMENTS
RELATING
TO
PENSION 
PROTECTION
ACT.—The amendments made by subsections 
(b)(3)(B) and (f) shall take effect as if included in the amend-
ments made by section 841(a) of the Pension Protection Act 
of 2006. 
Subtitle C—Additional Transfers to 
Highway Trust Fund 
SEC. 40251. ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND. 
Subsection (f) of section 9503 of the Internal Revenue Code 
of 1986, as amended by this Act, is amended by redesignating 
paragraph (4) as paragraph (5) and by inserting after paragraph 
(3) the following new paragraph: 
‘‘(4) ADDITIONAL APPROPRIATIONS TO TRUST FUND.—Out of 
money in the Treasury not otherwise appropriated, there is 
hereby appropriated to— 
‘‘(A) the Highway Account (as defined in subsection 
(e)(5)(B)) in the Highway Trust Fund— 
‘‘(i) for fiscal year 2013, $6,200,000,000, and 
‘‘(ii) for fiscal year 2014, $10,400,000,000, and 
‘‘(B) the Mass Transit Account in the Highway Trust 
Fund, for fiscal year 2014, $2,200,000,000.’’. 
DIVISION E—RESEARCH AND 
EDUCATION 
SEC. 50001. SHORT TITLE. 
This division may be cited as the ‘‘Transportation Research 
and Innovative Technology Act of 2012’’. 
TITLE I—FUNDING 
SEC. 51001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account): 
(1) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To 
carry out sections 503(b), 503(d), and 509 of title 23, United 
States Code, $115,000,000 for each of fiscal years 2013 and 
2014.
H. R. 4348—481 
Secretary determines best meet the criteria described in 
subsection (b)(3). 
‘‘(B) RESTRICTIONS.— 
‘‘(i) IN
GENERAL.—For each fiscal year, a grant 
made available under this paragraph shall be 
$3,000,000 per recipient. 
‘‘(ii) FOCUSED
RESEARCH.—The grant recipients 
under this paragraph shall focus research on national 
transportation issues, as determined by the Secretary. 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of receiving a 
grant under this paragraph, a grant recipient shall 
match 100 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. 
‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.— 
‘‘(A) LOCATION OF REGIONAL CENTERS.—One regional 
university transportation center shall be located in each 
of the 10 Federal regions that comprise the Standard Fed-
eral Regions established by the Office of Management and 
Budget in the document entitled ‘Standard Federal Regions’ 
and dated April, 1974 (circular A–105). 
‘‘(B) SELECTION CRITERIA.—In conducting a competition 
under subsection (b), the Secretary shall provide grants 
to 10 recipients on the basis of— 
‘‘(i) the criteria described in subsection (b)(3); 
‘‘(ii) the location of the center within the Federal 
region to be served; and 
‘‘(iii) whether the institution (or, in the case of 
consortium of institutions, the lead institution) dem-
onstrates that the institution has a well-established, 
nationally 
recognized 
program 
in 
transportation 
research and education, as evidenced by— 
‘‘(I) recent expenditures by the institution in 
highway or public transportation research; 
‘‘(II) a historical track record of awarding grad-
uate degrees in professional fields closely related 
to highways and public transportation; and 
‘‘(III) an experienced faculty who specialize in 
professional fields closely related to highways and 
public transportation. 
‘‘(C) RESTRICTIONS.—For each fiscal year, a grant made 
available under this paragraph shall be $2,750,000 for each 
recipient. 
‘‘(D) MATCHING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—As a condition of receiving a 
grant under this paragraph, a grant recipient shall 
match 100 percent of the amounts made available 
under the grant. 
‘‘(ii) SOURCES.—The matching amounts referred to 
in the clause (i) may include amounts made available 
to the recipient under section 504(b) or 505 of title 
23. 
‘‘(E) FOCUSED RESEARCH.—The Secretary shall make 
a grant to 1 of the 10 regional university transportation
H. R. 4348—504 
the retirement-eligible employee makes an election under this sub-
section may elect to enter phased retirement status. 
‘‘(2)(A) Subject to subparagraph (B), at the time of entering 
phased retirement status, a phased retiree shall be appointed to 
a position for which the working percentage is 50 percent. 
‘‘(B) The Director may, by regulation, provide for working 
percentages different from the percentage specified under subpara-
graph (A), which shall be not less than 20 percent and not more 
than 80 percent. 
‘‘(C) The working percentage for a phased retiree may not 
be changed during the phased retiree’s phased retirement period. 
‘‘(D)(i) Not less than 20 percent of the hours to be worked 
by a phased retiree shall consist of mentoring. 
‘‘(ii) The Director may, by regulation, provide for exceptions 
to the requirement under clause (i). 
‘‘(iii) Clause (i) shall not apply to a phased retiree serving 
in the United States Postal Service. Nothing in this clause shall 
prevent the application of clause (i) or (ii) with respect to a phased 
retiree serving in the Postal Regulatory Commission. 
‘‘(3) A phased retiree— 
‘‘(A) may not be employed in more than one position at 
any time; and 
‘‘(B) may transfer to another position in the same or a 
different agency, only if the transfer does not result in a change 
in the working percentage. 
‘‘(4) A retirement-eligible employee may make not more than 
one election under this subsection during the retirement-eligible 
employee’s lifetime. 
‘‘(5) A retirement-eligible employee who makes an election 
under this subsection may not make an election under section 
8343a. 
‘‘(c)(1) Except as otherwise provided under this subsection, the 
phased retirement annuity for a phased retiree is the product 
obtained by multiplying— 
‘‘(A) the amount of an annuity computed under section 
8339 that would have been payable to the phased retiree if, 
on the date on which the phased retiree enters phased retire-
ment status, the phased retiree had separated from service 
and retired under section 8336(a) or (b); by 
‘‘(B) the phased retirement percentage for the phased 
retiree. 
‘‘(2) A phased retirement annuity shall be paid in addition 
to the basic pay for the position to which a phased retiree is 
appointed during phased employment. 
‘‘(3) A phased retirement annuity shall be adjusted in accord-
ance with section 8340. 
‘‘(4)(A) A phased retirement annuity shall not be subject to 
reduction for any form of survivor annuity, shall not serve as 
the basis of the computation of any survivor annuity, and shall 
not be subject to any court order requiring a survivor annuity 
to be provided to any individual. 
‘‘(B) A phased retirement annuity shall be subject to a court 
order providing for division, allotment, assignment, execution, levy, 
attachment, garnishment, or other legal process on the same basis 
as other annuities.
H. R. 4348—544 
(i) consult with the owner of the flood protection 
system— 
(I) 6 months after the date of a determination 
under subsection (a); 
(II) 18 months after the date of a determina-
tion under subsection (a); and 
(III) 36 months after the date of a determina-
tion under subsection (a); and 
(ii) after each consultation under clause (i), deter-
mine whether the reconstruction or improvement is 
reasonably likely to be completed in accordance with 
the 
project 
schedule 
described 
in 
subsection 
(a)(2)(A)(iv); and 
(B) a requirement that, if the Administrator makes 
a 
determination 
under 
subparagraph 
(A)(ii) 
that 
reconstruction or improvement is not reasonably likely to 
be completed in accordance with the project schedule, the 
Administrator shall— 
(i) not later than 30 days after the date of the 
determination, notify the owner of the flood protection 
system of the determination and provide the rationale 
and evidence for the determination; and 
(ii) provide the owner of the flood protection system 
the opportunity to appeal the determination. 
(2) TERMINATION.—The Administrator shall terminate the 
eligibility for flood insurance coverage under subsection (a) 
for persons residing in a community with respect to which 
the Administrator made a determination under subsection (a) 
if— 
(A) the Administrator determines that the community 
has not made adequate continuing progress; or 
(B) on the date that is 5 years after the date on 
which the reconstruction or construction of the improve-
ment commences, the project has not been completed. 
(3) WAIVER.—A person whose eligibility would otherwise 
be terminated under paragraph (2)(B) shall continue to be 
eligible to purchase flood insurance coverage described in sub-
section (a) if the Administrator determines— 
(A) the community has made adequate continuing 
progress on the reconstruction or improvement of a flood 
protection system; and 
(B) there is a reasonable expectation that the 
reconstruction or improvement of the flood protection 
system will be completed not later than 1 year after the 
date of the determination under this paragraph. 
(4) RISK PREMIUM RATE.—If the Administrator terminates 
the eligibility of persons residing in a community to purchase 
flood insurance coverage described in subsection (a), the 
Administrator shall establish an appropriate risk premium rate 
for flood insurance coverage under the National Flood Insurance 
Program for persons residing in the community that purchased 
flood insurance coverage before the date on which the termi-
nation of eligibility takes effect, taking into consideration the 
then-current state of the flood protection system. 
(c) ADDITIONAL AUTHORITY.— 
(1) ADDITIONAL
AUTHORITY.—Notwithstanding subsection 
(a), in exceptional and exigent circumstances, the Administrator
H. R. 4348—554 
(c) STUDY.—The Comptroller General of the United States, 
in coordination and consultation with Indian tribes and members 
of Indian tribes throughout the United States, shall carry out 
a study that examines— 
(1) the factors contributing to the current rates of participa-
tion by Indian tribes and members of Indian tribes in the 
National Flood Insurance Program; and 
(2) methods of encouraging participation by Indian tribes 
and members of Indian tribes in the National Flood Insurance 
Program. 
(d) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Comptroller General shall submit to Congress 
a report that— 
(1) contains the results of the study carried out under 
subsection (c); 
(2) describes the steps that the Administrator should take 
to increase awareness and encourage participation by Indian 
tribes and members of Indian tribes in the National Flood 
Insurance Program; and 
(3) identifies any legislative changes that would encourage 
participation by Indian tribes and members of Indian tribes 
in the National Flood Insurance Program. 
SEC. 100238. TECHNICAL CORRECTIONS. 
(a) FLOOD DISASTER PROTECTION ACT
OF 1973.—The Flood 
Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) is 
amended— 
(1) by striking ‘‘Director’’ each place that term appears, 
except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and inserting 
‘‘Administrator’’; and 
(2) in section 201(b) (42 U.S.C. 4105(b)), by striking ‘‘Direc-
tor’s’’ and inserting ‘‘Administrator’s’’. 
(b) NATIONAL FLOOD INSURANCE ACT OF 1968.—The National 
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended— 
(1) by striking ‘‘Director’’ each place that term appears 
and inserting ‘‘Administrator’’; 
(2) in section 1363 (42 U.S.C. 4104), by striking ‘‘Director’s’’ 
each place that term appears and inserting ‘‘Administrator’s’’; 
and 
(3) in section 1370(a)(9) (42 U.S.C. 4121(a)(9)), by striking 
‘‘the Office of Thrift Supervision,’’. 
(c) FEDERAL FLOOD INSURANCE ACT OF 1956.—Section 15(e) 
of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)) 
is amended by striking ‘‘Director’’ each place that term appears 
and inserting ‘‘Administrator’’. 
SEC. 100239. USE OF PRIVATE INSURANCE TO SATISFY MANDATORY 
PURCHASE REQUIREMENT. 
(a) AMENDMENTS.—Section 102(b) of the Flood Disaster Protec-
tion Act of 1973 (42 U.S.C. 4012a(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking the period at the end and inserting 
‘‘; and’’; 
(B) by striking ‘‘lending institutions not to make’’ and 
inserting ‘‘lending institutions— 
‘‘(A) not to make’’; and 
(C) by adding at the end the following:
H. R. 4348—555 
‘‘(B) to accept private flood insurance as satisfaction 
of the flood insurance coverage requirement under subpara-
graph (A) if the coverage provided by such private flood 
insurance meets the requirements for coverage under such 
subparagraph.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘paragraph (1)’’ each place that term 
appears and inserting ‘‘paragraph (1)(A)’’; and 
(B) by inserting after the first sentence the following: 
‘‘Each Federal agency lender shall accept private flood 
insurance as satisfaction of the flood insurance coverage 
requirement under the preceding sentence if the flood 
insurance coverage provided by such private flood insur-
ance meets the requirements for coverage under such sen-
tence.’’; 
(3) in paragraph (3), in the matter following subparagraph 
(B), by striking ‘‘paragraph (1).’’ and inserting ‘‘paragraph 
(1)(A). The Federal National Mortgage Association and the 
Federal Home Loan Mortgage Corporation shall accept private 
flood insurance as satisfaction of the flood insurance coverage 
requirement under paragraph (1)(A) if the flood insurance cov-
erage provided by such private flood insurance meets the 
requirements for coverage under such paragraph and any 
requirements established by the Federal National Mortgage 
Association or the Federal Home Loan Mortgage Corporation, 
respectively, relating to the financial solvency, strength, or 
claims-paying ability of private insurance companies from 
which the Federal National Mortgage Association or the Federal 
Home Loan Mortgage Corporation will accept private flood 
insurance.’’; and 
(4) by adding at the end the following: 
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to supersede or limit the authority of a 
Federal entity for lending regulation, the Federal Housing 
Finance Agency, a Federal agency lender, the Federal National 
Mortgage Association, or the Federal Home Loan Mortgage 
Corporation to establish requirements relating to the financial 
solvency, strength, or claims-paying ability of private insurance 
companies from which the entity or agency will accept private 
flood insurance. 
‘‘(6) NOTICE.— 
‘‘(A) IN GENERAL.—Each lender shall disclose to a bor-
rower that is subject to this subsection that— 
‘‘(i) flood insurance is available from private insur-
ance companies that issue standard flood insurance 
policies on behalf of the national flood insurance pro-
gram or directly from the national flood insurance 
program; 
‘‘(ii) flood insurance that provides the same level 
of coverage as a standard flood insurance policy under 
the national flood insurance program may be available 
from a private insurance company that issues policies 
on behalf of the company; and 
‘‘(iii) the borrower is encouraged to compare the 
flood insurance coverage, deductibles, exclusions, condi-
tions and premiums associated with flood insurance 
policies issued on behalf of the national flood insurance
H. R. 4348—578 
and all that follows through the period at the end and inserting 
‘‘for each of fiscal years 2006 through 2012.’’. 
(f) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE 
GRANT PROGRAM.—Section 2001(a)(6) of SAFETEA–LU (119 Stat. 
1519) is amended by striking ‘‘$139,000,000 for each of fiscal years 
fiscal years 2009 through 2011’’ and all that follows through the 
period at the end and inserting ‘‘and $139,000,000 for each of 
fiscal years 2009 through 2012.’’. 
(g) 
NATIONAL
DRIVER
REGISTER.—Section 
2001(a)(7) 
of 
SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘and 
$3,087,000 for the period beginning on October 1, 2011, and ending 
on June 30, 2012.’’ and inserting ‘‘and $4,116,000 for fiscal year 
2012.’’. 
(h) 
HIGH
VISIBILITY
ENFORCEMENT
PROGRAM.—Section 
2001(a)(8) of SAFETEA–LU (119 Stat. 1520) is amended by striking 
‘‘for each of fiscal years 2006 through 2011’’ and all that follows 
through the period at the end and inserting ‘‘for each of fiscal 
years 2006 through 2012.’’. 
(i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) of SAFETEA– 
LU (119 Stat. 1520) is amended by striking ‘‘$7,000,000 for each 
of fiscal years 2009 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘and $7,000,000 for each of 
fiscal years 2009 through 2012.’’. 
(j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY INCENTIVE 
GRANTS.—Section 2001(a)(10) of SAFETEA–LU (119 Stat. 1520) 
is amended by striking ‘‘$7,000,000 for each of fiscal years 2009 
through 2011’’ and all that follows through the period at the end 
and inserting ‘‘and $7,000,000 for each of fiscal years 2009 through 
2012.’’. 
(k) 
ADMINISTRATIVE
EXPENSES.—Section 
2001(a)(11) 
of 
SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘$25,328,000 
for fiscal year 2011’’ and all that follows through the period at 
the end and inserting ‘‘and $25,328,000 for each of fiscal years 
2011 and 2012.’’. 
SEC. 112002. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY 
ADMINISTRATION PROGRAMS. 
(a) 
FEDERAL
MOTOR
CARRIER
SAFETY
ADMINISTRATION 
GRANTS.—Section 31104(a)(8) of title 49, United States Code, is 
amended to read as follows: 
‘‘(8) $212,000,000 for fiscal year 2012.’’. 
(b) ADMINISTRATIVE EXPENSES.— 
(1) IN GENERAL.—Section 31104(i)(1)(H) of title 49, United 
States Code, is amended to read as follows: 
‘‘(H) $244,144,000 for fiscal year 2012.’’. 
(2) TECHNICAL CORRECTION.—Section 31104(i)(1)(F) of title 
49, United States Code, is amended to read as follows: 
‘‘(F) $239,828,000 for fiscal year 2010;’’. 
(c) GRANT PROGRAMS.—Section 4101(c) of SAFETEA–LU (119 
Stat. 1715) is amended— 
(1) in paragraph (1) by striking ‘‘and $22,500,000 for the 
period beginning on October 1, 2011, and ending on June 30, 
2012.’’ and inserting ‘‘and $30,000,000 for fiscal year 2012.’’; 
(2) in paragraph (2) by striking ‘‘2011 and $24,000,000 
for the period beginning on October 1, 2011, and ending on 
June 30, 2012.’’ and inserting ‘‘2012.’’;
H. R. 4348—579 
(3) in paragraph (3) by striking ‘‘2011 and $3,750,000 for 
the period beginning on October 1, 2011, and ending on June 
30, 2012.’’ and inserting ‘‘2012.’’; 
(4) in paragraph (4) by striking ‘‘2011 and $18,750,000 
for the period beginning on October 1, 2011, and ending on 
June 30, 2012.’’ and inserting ‘‘2012.’’; and 
(5) in paragraph (5) by striking ‘‘2011 and $2,250,000 for 
the period beginning on October 1, 2011, and ending on June 
30, 2012.’’ and inserting ‘‘2012.’’. 
(d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) of title 49, 
United States Code, is amended by striking ‘‘and up to $21,750,000 
for the period beginning on October 1, 2011, and ending on June 
30, 2012,’’. 
(e) OUTREACH AND EDUCATION.—Section 4127(e) of SAFETEA– 
LU (119 Stat. 1741) is amended by striking ‘‘and 2011 (and $750,000 
to the Federal Motor Carrier Safety Administration, and $2,250,000 
to the National Highway Traffic Safety Administration, for the 
period beginning on October 1, 2011, and ending on June 30, 
2012)’’ and inserting ‘‘2011, and 2012’’. 
(f) WORKING GROUP
FOR DEVELOPMENT
OF PRACTICES
AND 
PROCEDURES
TO
ENHANCE
FEDERAL-STATE
RELATIONS.—Section 
4213(d) of SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. 1759) 
is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘September 
30, 2012’’. 
SEC. 112003. ADDITIONAL PROGRAMS. 
Section 7131(c) of SAFETEA–LU (119 Stat. 1910) is amended 
by striking ‘‘and $870,000 for the period beginning on October 
1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and 
$1,160,000 for fiscal year 2012’’. 
TITLE III—PUBLIC TRANSPORTATION 
PROGRAMS 
SEC. 113001. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS. 
Section 5305(g) of title 49, United States Code, is amended 
by striking ‘‘2011 and for the period beginning on October 1, 2011, 
and ending on June 30, 2012’’ and inserting ‘‘2012’’. 
SEC. 113002. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS. 
Section 5307(b)(2) of title 49, United States Code, is amended— 
(1) by striking the paragraph heading and inserting ‘‘SPE-
CIAL RULE FOR FISCAL YEARS 2005 THROUGH 2012.—’’; 
(2) in subparagraph (A) by striking ‘‘2011 and the period 
beginning on October 1, 2011, and ending on June 30, 2012,’’ 
and inserting ‘‘2012,’’; and 
(3) in subparagraph (E)— 
(A) by striking the subparagraph heading and inserting 
‘‘MAXIMUM AMOUNTS IN FISCAL YEARS 2008 THROUGH 2012.— 
’’; and 
(B) in the matter preceding clause (i) by striking ‘‘2011 
and during the period beginning on October 1, 2011, and 
ending on June 30, 2012’’ and inserting ‘‘2012’’.
H. R. 4348—580 
SEC. 113003. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT 
GRANTS. 
Section 5309(m) of title 49, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by striking the paragraph heading and inserting 
‘‘FISCAL YEARS 2006 THROUGH 2012.—’’; 
(B) in the matter preceding subparagraph (A) by 
striking ‘‘2011 and the period beginning on October 1, 
2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; 
and 
(C) in subparagraph (A)(i) by striking ‘‘2011 and 
$150,000,000 for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting ‘‘2012’’; 
(2) in paragraph (6)— 
(A) in subparagraph (B) by striking ‘‘2011 and 
$11,250,000 shall be available for the period beginning 
on October 1, 2011, and ending on June 30, 2012,’’ and 
inserting ‘‘2012’’; and 
(B) in subparagraph (C) by striking ‘‘though 2011 and 
$3,750,000 shall be available for the period beginning on 
October 1, 2011, and ending on June 30, 2012,’’ and 
inserting ‘‘through 2012’’; and 
(3) in paragraph (7)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i)— 
(I) in the first sentence by striking ‘‘2011 and 
$7,500,000 shall be available for the period begin-
ning on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘2012’’; and 
(II) in the second sentence by inserting ‘‘each 
fiscal year’’ before the colon; 
(ii) in clause (i) by striking ‘‘for each fiscal year 
and $1,875,000 for the period beginning on October 
1, 2011, and ending on June 30, 2012,’’; 
(iii) in clause (ii) by striking ‘‘for each fiscal year 
and $1,875,000 for the period beginning on October 
1, 2011, and ending on June 30, 2012,’’; 
(iv) in clause (iii) by striking ‘‘for each fiscal year 
and $750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012,’’; 
(v) in clause (iv) by striking ‘‘for each fiscal year 
and $750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012,’’; 
(vi) in clause (v) by striking ‘‘for each fiscal year 
and $750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012,’’; 
(vii) in clause (vi) by striking ‘‘for each fiscal year 
and $750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012,’’; 
(viii) in clause (vii) by striking ‘‘for each fiscal 
year and $487,500 for the period beginning on October 
1, 2011, and ending on June 30, 2012,’’; and 
(ix) in clause (viii) by striking ‘‘for each fiscal year 
and $262,500 for the period beginning on October 1, 
2011, and ending on June 30, 2012,’’; 
(B) in subparagraph (B) by striking clause (vii) and 
inserting the following:
H. R. 4348—581 
‘‘(vii) $13,500,000 for fiscal year 2012.’’; 
(C) in subparagraph (C) by striking ‘‘and during the 
period beginning on October 1, 2011, and ending on June 
30, 2012,’’; 
(D) in subparagraph (D) by striking ‘‘and not less than 
$26,250,000 shall be available for the period beginning 
on October 1, 2011, and ending on June 30, 2012,’’; and 
(E) in subparagraph (E) by striking ‘‘and $2,250,000 
shall be available for the period beginning on October 1, 
2011, and ending on June 30, 2012,’’. 
SEC. 113004. APPORTIONMENT OF FORMULA GRANTS FOR OTHER 
THAN URBANIZED AREAS. 
Section 5311(c)(1)(G) of title 49, United States Code, is amended 
to read as follows: 
‘‘(G) $15,000,000 for fiscal year 2012.’’. 
SEC. 113005. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS. 
Section 5337 of title 49, United States Code, is amended by 
striking subsection (g). 
SEC. 113006. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION. 
(a) FORMULA AND BUS GRANTS.—Section 5338(b) of title 49, 
United States Code, is amended— 
(1) in paragraph (1) by striking subparagraph (G) and 
inserting the following: 
‘‘(G) $8,360,565,000 for fiscal year 2012.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A) by striking ‘‘$113,500,000 for 
each of fiscal years 2009 through 2011, and $85,125,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $113,500,000 for 
each of fiscal years 2009 through 2012’’; 
(B) in subparagraph (B) by striking ‘‘$4,160,365,000 
for each of fiscal years 2009 through 2011, and 
$3,120,273,750 for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting ‘‘and 
$4,160,365,000 for each of fiscal years 2009 through 2012’’; 
(C) in subparagraph (C) by striking ‘‘$51,500,000 for 
each of fiscal years 2009 through 2011, and $38,625,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $51,500,000 for 
each of fiscal years 2009 through 2012’’; 
(D) in subparagraph (D) by striking ‘‘$1,666,500,000 
for each of fiscal years 2009 through 2011, and 
$1,249,875,000 for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting ‘‘and 
$1,666,500,000 for each of fiscal years 2009 through 2012’’; 
(E) in subparagraph (E) by striking ‘‘$984,000,000 for 
each of fiscal years 2009 through 2011, and $738,000,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $984,000,000 for 
each of fiscal years 2009 through 2012’’; 
(F) in subparagraph (F) by striking ‘‘$133,500,000 for 
each of fiscal years 2009 through 2011, and $100,125,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $133,500,000 for 
each of fiscal years 2009 through 2012’’;
H. R. 4348—582 
(G) in subparagraph (G) by striking ‘‘$465,000,000 for 
each of fiscal years 2009 through 2011, and $348,750,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $465,000,000 for 
each of fiscal years 2009 through 2012’’; 
(H) in subparagraph (H) by striking ‘‘$164,500,000 for 
each of fiscal years 2009 through 2011, and $123,375,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $164,500,000 for 
each of fiscal years 2009 through 2012’’; 
(I) in subparagraph (I) by striking ‘‘$92,500,000 for 
each of fiscal years 2009 through 2011, and $69,375,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $92,500,000 for 
each of fiscal years 2009 through 2012’’; 
(J) in subparagraph (J) by striking ‘‘$26,900,000 for 
each of fiscal years 2009 through 2011, and $20,175,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $26,900,000 for 
each of fiscal years 2009 through 2012’’; 
(K) in subparagraph (K) by striking ‘‘for each of fiscal 
years 2006 through 2011 and $2,625,000 for the period 
beginning on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘for each of fiscal years 2006 through 
2012’’; 
(L) in subparagraph (L) by striking ‘‘for each of fiscal 
years 2006 through 2011 and $18,750,000 for the period 
beginning on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘for each of fiscal years 2006 through 
2012’’; 
(M) in subparagraph (M) by striking ‘‘$465,000,000 
for each of fiscal years 2009 through 2011, and 
$348,750,000 for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting ‘‘and 
$465,000,000 for each of fiscal years 2009 through 2012’’; 
and 
(N) in subparagraph (N) by striking ‘‘$8,800,000 for 
each of fiscal years 2009 through 2011, and $6,600,000 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and $8,800,000 for each 
of fiscal years 2009 through 2012’’. 
(b) CAPITAL INVESTMENT GRANTS.—Section 5338(c)(7) of title 
49, United States Code, is amended to read as follows: 
‘‘(7) $1,955,000,000 for fiscal year 2012.’’. 
(c) RESEARCH AND UNIVERSITY RESEARCH CENTERS.—Section 
5338(d) of title 49, United States Code, is amended— 
(1) in paragraph (1), in the matter preceding subparagraph 
(A), by striking ‘‘through 2011, and $33,000,000 for the period 
beginning on October 1, 2011, and ending on June 30, 2012,’’ 
and inserting ‘‘through 2011, and $44,000,000 for fiscal year 
2012,’’; and 
(2) by striking paragraph (3) and inserting the following: 
‘‘(3) ADDITIONAL AUTHORIZATIONS.— 
‘‘(A) RESEARCH.—Of amounts authorized to be appro-
priated under paragraph (1) for fiscal year 2012, the Sec-
retary shall allocate for each of the activities and projects 
described in subparagraphs (A) through (F) of paragraph
H. R. 4348—583 
(1) an amount equal to 63 percent of the amount allocated 
for fiscal year 2009 under each such subparagraph. 
‘‘(B) UNIVERSITY CENTERS PROGRAM.— 
‘‘(i) FISCAL YEAR 2012.—Of the amounts allocated 
under paragraph (1)(C) for the university centers pro-
gram under section 5506 for fiscal year 2012, the Sec-
retary shall allocate for each program described in 
clauses (i) through (iii) and (v) through (viii) of para-
graph (2)(A) an amount equal to 63 percent of the 
amount allocated for fiscal year 2009 under each such 
clause. 
‘‘(ii) FUNDING.—If the Secretary determines that 
a project or activity described in paragraph (2) received 
sufficient funds in fiscal year 2011, or a previous fiscal 
year, to carry out the purpose for which the project 
or activity was authorized, the Secretary may not allo-
cate any amounts under clause (i) for the project or 
activity for fiscal year 2012 or any subsequent fiscal 
year.’’. 
(d) ADMINISTRATION.—Section 5338(e)(7) of title 49, United 
States Code, is amended to read as follows: 
‘‘(7) $98,713,000 for fiscal year 2012.’’. 
SEC. 113007. AMENDMENTS TO SAFETEA–LU. 
(a) CONTRACTED PARATRANSIT PILOT.—Section 3009(i)(1) of 
SAFETEA–LU (119 Stat. 1572) is amended by striking ‘‘2011 and 
the period beginning on October 1, 2011, and ending on June 
30, 2012,’’ and inserting ‘‘2012,’’. 
(b) PUBLIC-PRIVATE
PARTNERSHIP
PILOT
PROGRAM.—Section 
3011 of SAFETEA–LU (49 U.S.C. 5309 note; 119 Stat. 1588) is 
amended— 
(1) in subsection (c)(5) by striking ‘‘2011 and the period 
beginning on October 1, 2011, and ending on June 30, 2012’’ 
and inserting ‘‘2012’’; and 
(2) in the second sentence of subsection (d) by striking 
‘‘2011 and the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘2012’’. 
(c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES 
PILOT PROGRAM.—Section 3012(b)(8) of SAFETEA–LU (49 U.S.C. 
5310 note; 119 Stat. 1593) is amended by striking ‘‘June 30, 2012’’ 
and inserting ‘‘September 30, 2012’’. 
(d) OBLIGATION CEILING.—Section 3040(8) of SAFETEA–LU 
(119 Stat. 1639) is amended to read as follows: 
‘‘(8) $10,458,278,000 for fiscal year 2012, of which not more 
than $8,360,565,000 shall be from the Mass Transit Account.’’. 
(e) PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAP-
ITAL PROJECTS.—Section 3043 of SAFETEA–LU (119 Stat. 1640) 
is amended— 
(1) in subsection (b), in the matter preceding paragraph 
(1), by striking ‘‘2011 and the period beginning on October 
1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’; 
and 
(2) in subsection (c), in the matter preceding paragraph 
(1), by striking ‘‘2011 and the period beginning on October 
1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’.
H. R. 4348—584 
(f) ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY 
PROGRAMS.—Section 3046 of SAFETEA–LU (49 U.S.C. 5338 note; 
119 Stat. 1706) is amended— 
(1) in subsection (b) by striking ‘‘fiscal year or period’’ 
and inserting ‘‘fiscal year’’; and 
(2) by striking subsection (c)(2) and inserting the following: 
‘‘(2) for fiscal year 2012, in amounts equal to 63 percent 
of the amounts allocated for fiscal year 2009 under each of 
paragraphs (2), (3), (5), and (8) through (25) of subsection 
(a).’’. 
TITLE IV—EFFECTIVE DATE 
SEC. 114001. EFFECTIVE DATE. 
This division and the amendments made by this division shall 
take effect on July 1, 2012. 
DIVISION H—BUDGETARY EFFECTS 
SEC. 120001. BUDGETARY EFFECTS. 
(a) PAYGO SCORECARD.—The budgetary effects of this Act shall 
not be entered on either PAYGO scorecard maintained pursuant 
to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARD.—The budgetary effects of this 
Act shall not be recorded on any PAYGO scorecard maintained 
for purposes of section 201 of S. Con. Res. 21 (110th Congress). 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.