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‘‘(1) PROGRAM GOAL.—The Secretary may make 
grants to carry out high priority activities and 
projects that improve commercial motor vehicle safety 
and compliance with commercial motor vehicle safety 
regulations, including activities and projects that— 
‘‘(A) are national in scope; 
‘‘(B) increase public awareness and edu-
cation; 
‘‘(C) target unsafe driving of commercial 
motor vehicles and non-commercial motor vehi-
cles in areas identified as high risk crash cor-
ridors; 
‘‘(D) improve consumer protection and en-
forcement of household goods regulations; 
‘‘(E) improve the movement of hazardous 
materials safely and securely, including activi-
ties related to the establishment of uniform forms 
and application procedures that improve the ac-
curacy, timeliness, and completeness of commer-
cial motor vehicle safety data reported to the 
Secretary; or 
‘‘(F) demonstrate new technologies to im-
prove commercial motor vehicle safety. 
‘‘(2) RECIPIENTS.—The Secretary may allocate 
amounts to award grants to State agencies, local gov-
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† HR 4348 EAS 
ernments, and other persons for carrying out high 
priority activities and projects that improve commer-
cial motor vehicle safety and compliance with com-
mercial motor vehicle safety regulations in accordance 
with the program goals specified in paragraph (1). 
‘‘(3) FEDERAL SHARE.—The Secretary shall re-
imburse a grantee at least 80 percent of the costs in-
curred in a fiscal year for carrying out the high pri-
ority activities or projects. 
‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 
will be in accordance with criteria that is— 
‘‘(A) developed by the Secretary; and 
‘‘(B) posted in the Federal Register in ad-
vance of the grant application period.’’. 
(b) CONFORMING AMENDMENT.—The analysis of chap-
ter 311 is amended by striking the item relating to section 
31102 and inserting the following: 
‘‘31102. Compliance, safety, and accountability grants.’’. 
SEC. 32602. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEMS MANAGEMENT PROGRAM. 
Section 31106(b) is amended— 
(1) by amending paragraph (3)(C) to read as 
follows— 
‘‘(C) establish and implement a process— 
‘‘(i) to cancel the motor vehicle reg-
istration and seize the registration plates of
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a vehicle when an employer is found liable 
under section 31310(j)(2)(C) for knowingly 
allowing or requiring an employee to oper-
ate such a commercial motor vehicle in vio-
lation of an out-of-service order; and 
‘‘(ii) to reinstate the vehicle registra-
tion or return the registration plates of the 
commercial motor vehicle, subject to sanc-
tions under clause (i), if the Secretary per-
mits such carrier to resume operations after 
the date of issuance of such order.’’; and 
(2) by striking paragraph (4). 
SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED. 
Section 31101(1) is amended to read as follows: 
‘‘(1) ‘commercial motor vehicle’ means (except 
under section 31106) a self-propelled or towed vehicle 
used on the highways in commerce to transport pas-
sengers or property, if the vehicle— 
‘‘(A) has a gross vehicle weight rating or 
gross vehicle weight of at least 10,001 pounds, 
whichever is greater; 
‘‘(B) is designed or used to transport more 
than 8 passengers, including the driver, for com-
pensation;
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‘‘(C) is designed or used to transport more 
than 15 passengers, including the driver, and is 
not used to transport passengers for compensa-
tion; or 
‘‘(D) is used in transporting material found 
by the Secretary of Transportation to be haz-
ardous under section 5103 and transported in a 
quantity requiring placarding under regulations 
prescribed by the Secretary under section 5103.’’. 
SEC. 32604. DRIVER SAFETY FITNESS RATINGS. 
Section 31144, as amended by section 32204 of this 
Act, is amended by adding at the end the following: 
‘‘(i) COMMERCIAL MOTOR VEHICLE DRIVERS.—The 
Secretary may maintain by regulation a procedure for de-
termining the safety fitness of a commercial motor vehicle 
driver and for prohibiting the driver from operating in 
interstate commerce. The procedure and prohibition shall 
include the following: 
‘‘(1) Specific initial and continuing require-
ments that a driver must comply with to demonstrate 
safety fitness. 
‘‘(2) The methodology and continually updated 
safety performance data that the Secretary will use to 
determine whether a driver is fit, including inspec-
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tion results, serious traffic offenses, and crash involve-
ment data. 
‘‘(3) Specific time frames within which the Sec-
retary will determine whether a driver is fit. 
‘‘(4) A prohibition period or periods, not to ex-
ceed 1 year, that a driver that the Secretary deter-
mines is not fit will be prohibited from operating a 
commercial motor vehicle in interstate commerce. The 
period or periods shall begin on the 46th day after the 
date of the fitness determination and continue until 
the Secretary determines the driver is fit or until the 
prohibition period expires. 
‘‘(5) A review by the Secretary, not later than 30 
days after an unfit driver requests a review, of the 
driver’s compliance with the requirements the driver 
failed to comply with and that resulted in the Sec-
retary determining that the driver was not fit. The 
burden of proof shall be on the driver to demonstrate 
fitness. 
‘‘(6) The eligibility criteria for reinstatement, in-
cluding the remedial measures the unfit driver must 
take for reinstatement.’’.
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SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COM-
MERCIAL MOTOR VEHICLE INSPECTIONS. 
(a) IN GENERAL.—Chapter 311 is amended by adding 
after section 31109 the following: 
‘‘§ 31110. Withholding amounts for State noncompli-
ance 
‘‘(a) FIRST FISCAL YEAR.—Subject to criteria estab-
lished by the Secretary of Transportation, the Secretary 
may withhold up to 50 percent of the amount a State is 
otherwise eligible to receive under section 31102(b) on the 
first day of the fiscal year after the first fiscal year fol-
lowing the date of enactment of the Commercial Motor Vehi-
cle Safety Enhancement Act of 2012 in which the State uses 
for at least 180 days an electronic commercial motor vehicle 
inspection selection system that does not employ a selection 
methodology approved by the Secretary. 
‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 
withhold up to 75 percent of the amount a State is other-
wise eligible to receive under section 31102(b) on the first 
day of the fiscal year after the second fiscal year following 
the date of enactment of the Commercial Motor Vehicle Safe-
ty Enhancement Act of 2012 in which the State uses for 
at least 180 days an electronic commercial motor vehicle 
inspection selection system that does not employ a selection 
methodology approved by the Secretary.
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‘‘(c) SUBSEQUENT
AVAILABILITY
OF
WITHHELD 
FUNDS.—The Secretary may make the amounts withheld 
under subsection (a) or subsection (b) available to the State 
if the Secretary determines that the State has substantially 
complied with the requirement described under subsection 
(a) or subsection (b) not later than 180 days after the begin-
ning of the fiscal year in which amounts were withheld.’’. 
(b) CONFORMING AMENDMENT.—The analysis of chap-
ter 311 is amended by inserting after the item relating to 
section 31109 the following: 
‘‘31110. Withholding amounts for State noncompliance.’’. 
SEC. 32606. AUTHORIZATION OF APPROPRIATIONS. 
Section 31104 is amended to read as follows: 
‘‘§ 31104. Availability of amounts 
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated from Highway Trust Fund (other than the Mass 
Transit Account) for Federal Motor Carrier Safety Admin-
istration programs the following: 
‘‘(1) COMPLIANCE, SAFETY, AND ACCOUNTABILITY 
GRANTS UNDER SECTION 31102.— 
‘‘(A) $249,717,000 for fiscal year 2012, pro-
vided that the Secretary shall set aside not less 
than $168,388,000 to carry out the motor carrier 
safety 
assistance 
program 
under 
section 
31102(b); and
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‘‘(B) $253,814,000 for fiscal year 2013, pro-
vided that the Secretary shall set aside not less 
than $171,813,000 to carry out the motor carrier 
safety 
assistance 
program 
under 
section 
31102(b). 
‘‘(2) DATA
AND
TECHNOLOGY
GRANTS
UNDER 
SECTION 31109.— 
‘‘(A) $30,000,000 for fiscal year 2012; and 
‘‘(B) $30,000,000 for fiscal year 2013. 
‘‘(3) DRIVER SAFETY GRANTS UNDER SECTION 
31313.— 
‘‘(A) $31,000,000 for fiscal year 2012; and 
‘‘(B) $31,000,000 for fiscal year 2013. 
‘‘(4) CRITERIA.—The Secretary shall develop cri-
teria to allocate the remaining funds under para-
graphs (1), (2), and (3) for fiscal year 2013 and for 
each fiscal year thereafter not later than April 1 of 
the prior fiscal year. 
‘‘(b) 
AVAILABILITY
AND
REALLOCATION
OF 
AMOUNTS.— 
‘‘(1) 
ALLOCATIONS
AND
REALLOCATIONS.— 
Amounts made available under subsection (a)(1) re-
main available until expended. Allocations to a State 
remain available for expenditure in the State for the 
fiscal year in which they are allocated and for the
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next fiscal year. Amounts not expended by a State 
during those 2 fiscal years are released to the Sec-
retary for reallocation. 
‘‘(2) REDISTRIBUTION OF AMOUNTS.—The Sec-
retary may, after August 1 of each fiscal year, upon 
a determination that a State does not qualify for 
funding under section 31102(b) or that the State will 
not expend all of its existing funding, reallocate the 
State’s funding. In revising the allocation and redis-
tributing the amounts, the Secretary shall give pref-
erence to those States that require additional funding 
to meet program goals under section 31102(b). 
‘‘(3) PERIOD OF AVAILABILITY FOR DATA AND 
TECHNOLOGY
GRANTS.—Amounts made available 
under subsection (a)(2) remain available for obliga-
tion for the fiscal year and the next 2 years in which 
they are appropriated. Allocations remain available 
for expenditure in the State for 5 fiscal years after 
they were obligated. Amounts not expended by a State 
during those 3 fiscal years are released to the Sec-
retary for reallocation. 
‘‘(4) PERIOD
OF
AVAILABILITY
FOR
DRIVER 
SAFETY
GRANTS.—Amounts made available under 
subsection (a)(3) of this section remain available for 
obligation for the fiscal year and the next fiscal year
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in which they are appropriated. Allocations to a 
State remain available for expenditure in the State 
for the fiscal year in which they are allocated and for 
the following 2 fiscal years. Amounts not expended by 
a State during those 3 fiscal years are released to the 
Secretary for reallocation. 
‘‘(5) REALLOCATION.—The Secretary, upon a re-
quest by a State, may reallocate grant funds pre-
viously awarded to the State under a grant program 
authorized by section 31102, 31109, or 31313 to an-
other grant program authorized by those sections 
upon a showing by the State that it is unable to ex-
pend the funds within the 12 months prior to their 
expiration provided that the State agrees to expend 
the funds within the remaining period of expenditure. 
‘‘(c) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap-
proval by the Secretary of a grant under sections 31102, 
31109, and 31313 is a contractual obligation of the Govern-
ment for payment of the Government’s share of costs in-
curred in developing and implementing programs to im-
prove commercial motor vehicle safety and enforce commer-
cial driver’s license regulations, standards, and orders. 
‘‘(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year or as soon after that as practicable, the Sec-
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retary may deduct, from amounts made available 
under— 
‘‘(A) subsection (a)(1) for that fiscal year, 
not more than 1.5 percent of those amounts for 
administrative expenses incurred in carrying out 
section 31102 in that fiscal year; 
‘‘(B) subsection (a)(2) for that fiscal year, 
not more than 1.4 percent of those amounts for 
administrative expenses incurred in carrying out 
section 31109 in that fiscal year; and 
‘‘(C) subsection (a)(3) for that fiscal year, 
not more than 1.4 percent of those amounts for 
administrative expenses incurred in carrying out 
section 31313 in that fiscal year. 
‘‘(2) TRAINING.—The Secretary may use at least 
50 percent of the amounts deducted from the amounts 
made available under sections (a)(1) and (a)(3) to 
train non-Government employees and to develop re-
lated training materials to carry out sections 31102, 
31311, and 31313 of this title. 
‘‘(3) CONTRACTS.—The Secretary may use 
amounts deducted under paragraph (1) to enter into 
contracts and cooperative agreements with States, 
local governments, associations, institutions, corpora-
tions, and other persons, if the Secretary determines
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the contracts and cooperative agreements are cost-ef-
fective, benefit multiple jurisdictions of the United 
States, and enhance safety programs and related en-
forcement activities. 
‘‘(e) ALLOCATION CRITERIA AND ELIGIBILITY.— 
‘‘(1) On October 1 of each fiscal year or as soon 
as practicable after that date after making the deduc-
tion under subsection (d)(1)(A), the Secretary shall 
allocate amounts made available to carry out section 
31102(b) for such fiscal year among the States with 
plans approved under that section. Allocation shall be 
made under the criteria prescribed by the Secretary. 
‘‘(2) On October 1 of each fiscal year or as soon 
as practicable after that date and after making the 
deduction under subsection (d)(1)(B) or (d)(1)(C), the 
Secretary shall allocate amounts made available to 
carry out sections 31109(a) and 31313(b)(1). 
‘‘(f) INTRASTATE
COMPATIBILITY.—The Secretary 
shall prescribe regulations specifying tolerance guidelines 
and standards for ensuring compatibility of intrastate com-
mercial motor vehicle safety laws and regulations with Gov-
ernment motor carrier safety regulations to be enforced 
under section 31102(b). To the extent practicable, the guide-
lines and standards shall allow for maximum flexibility 
while ensuring a degree of uniformity that will not dimin-
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ish transportation safety. In reviewing State plans and al-
locating amounts or making grants under section 153 of 
title 23, United States Code, the Secretary shall ensure that 
the guidelines and standards are applied uniformly. 
‘‘(g) WITHHOLDING AMOUNTS FOR STATE NONCOMPLI-
ANCE.— 
‘‘(1) IN
GENERAL.—Subject to criteria estab-
lished by the Secretary, the Secretary may withhold 
up to 100 percent of the amounts a State is otherwise 
eligible to receive under section 31102(b) on October 
1 of each fiscal year beginning after the date of enact-
ment of the Commercial Motor Vehicle Safety En-
hancement Act of 2012 and continuing for the period 
that the State does not comply substantially with a 
requirement under section 31109(b). 
‘‘(2) SUBSEQUENT AVAILABILITY OF WITHHELD 
FUNDS.—The Secretary may make the amounts with-
held in accordance with paragraph (1) available to a 
State if the Secretary determines that the State has 
substantially complied with a requirement under sec-
tion 31109(b) not later than 180 days after the begin-
ning of the fiscal year in which the amounts are 
withheld. 
‘‘(h) ADMINISTRATIVE EXPENSES.—