416 
‘‘(2) encourage the continued improvement and 
evolution of the metropolitan and statewide transpor-
tation planning processes by metropolitan planning 
organizations, State departments of transportation, 
and public transportation operators as guided by the 
planning factors identified in sections 5203(f) and 
5204(d). 
‘‘(b) COMMON
TRANSPORTATION
PLANNING
PRO-
GRAM.—This chapter provides a common transportation 
planning program to be administered by the Federal High-
way Administration and the Federal Transit Administra-
tion. 
‘‘§ 5202. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) METROPOLITAN PLANNING AREA.—The term 
‘metropolitan planning area’ means the geographic 
area determined by agreement between the metropoli-
tan planning organization for the area and the Gov-
ernor under section 5203(c). 
‘‘(2) METROPOLITAN
LONG-RANGE
TRANSPOR-
TATION
PLAN.—The term ‘metropolitan long-range 
transportation plan’ means a long-range transpor-
tation plan developed by an MPO under section 5203 
for a metropolitan planning area. 
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‘‘(3) METROPOLITAN
PLANNING
ORGANIZATION; 
MPO.—The term ‘metropolitan planning organization’ 
or ‘MPO’ means the policy board of an organization 
created as a result of the designation process in sec-
tion 5203(b). 
‘‘(4) METROPOLITAN TRANSPORTATION IMPROVE-
MENT PROGRAM; METROPOLITAN TIP.—The term ‘met-
ropolitan transportation improvement program’ or 
‘metropolitan TIP’ means a transportation improve-
ment program developed by an MPO under section 
5203 for a metropolitan planning area. 
‘‘(5) NONMETROPOLITAN AREA.—The term ‘non-
metropolitan area’ means a geographic area outside 
designated metropolitan planning areas. 
‘‘(6) NONMETROPOLITAN LOCAL OFFICIAL.—The 
term ‘nonmetropolitan local official’ means elected 
and appointed officials of general purpose local gov-
ernment in a nonmetropolitan area with responsi-
bility for transportation. 
‘‘(7) REGIONAL TRANSPORTATION PLANNING OR-
GANIZATION.—The 
term 
‘regional 
transportation 
planning organization’ means a policy board of an 
organization created as the result of a designation 
under section 5204(k). 
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‘‘(8) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(9) STATE.—The term ‘State’ means any of the 
50 States, the District of Columbia, or Puerto Rico. 
‘‘(10) 
STATEWIDE
STRATEGIC
LONG-RANGE 
TRANSPORTATION
PLAN.—The term ‘statewide stra-
tegic long-range transportation plan’ means a stra-
tegic long-range transportation plan developed by a 
State under section 5204 for all areas of the State. 
‘‘(11) STATEWIDE
TRANSPORTATION
IMPROVE-
MENT PROGRAM; STATEWIDE TIP.—The term ‘state-
wide transportation improvement program’ or ‘state-
wide TIP’ means a transportation improvement pro-
gram developed by a State under section 5204 for all 
areas of the State. 
‘‘(12) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographic area with a population of 
50,000 or more, as designated by the Bureau of the 
Census. 
‘‘§ 5203. Metropolitan transportation planning 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT
OF
METROPOLITAN
LONG- 
RANGE PLANS AND TIPS.—To accomplish the objec-
tives set forth in section 5201, metropolitan planning 
organizations designated under subsection (b), in co-
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operation with the State and public transportation 
operators, shall develop metropolitan long-range 
transportation plans and transportation improvement 
programs for metropolitan planning areas of the 
State. 
‘‘(2) CONTENTS.—Metropolitan long-range trans-
portation plans and TIPs shall provide for the devel-
opment and integrated management and operation of 
transportation systems and facilities (including acces-
sible pedestrian walkways, bicycle transportation fa-
cilities, and intermodal facilities that support inter-
city transportation, including intercity buses and 
intercity bus facilities) that will function as an inter-
modal transportation system for the metropolitan 
planning area and as an integral part of an inter-
modal transportation system for the State and the 
United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing metropolitan long-range transportation 
plans and TIPs shall provide for consideration of all 
modes of transportation and shall be continuing, co-
operative, and comprehensive to the degree appro-
priate, based on the complexity of the transportation 
problems to be addressed. 
‘‘(b) DESIGNATION OF MPOS.— 
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‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, an 
MPO shall be designated for an urbanized area with 
a population of more than 100,000 individuals— 
‘‘(A) by agreement between the Governor 
and units of general purpose local government 
that together represent at least 75 percent of the 
affected population (including the largest incor-
porated city (based on population) as named by 
the Bureau of the Census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law. 
‘‘(2) STRUCTURE.—An MPO that serves an area 
designated as a transportation management area, 
when designated or redesignated under this sub-
section, shall consist of— 
‘‘(A) local elected officials; 
‘‘(B) officials of public agencies that admin-
ister or operate major modes of transportation in 
the metropolitan area; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection may be construed 
to interfere with the authority, under any State law 
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in effect on December 18, 1991, of a public agency 
with multimodal transportation responsibilities to— 
‘‘(A) develop metropolitan long-range trans-
portation plans or TIPs for adoption by an 
MPO; and 
‘‘(B) develop long-range capital plans, co-
ordinate 
public 
transportation 
services 
or 
projects, or carry out other activities pursuant to 
State law. 
‘‘(4) CONTINUING DESIGNATION.—A designation 
of an MPO under this subsection or any other provi-
sion of law shall remain in effect until the MPO is 
redesignated under paragraph (5) or revoked by 
agreement among the Governor and units of general 
purpose local government that together represent at 
least 75 percent of the affected population or as other-
wise provided under State or local procedures. 
‘‘(5) REDESIGNATION
PROCEDURES.—An MPO 
may be redesignated by agreement between the Gov-
ernor and units of general purpose local government 
that together represent at least 75 percent of the exist-
ing planning area population (including the largest 
incorporated city (based on population) as named by 
the Bureau of the Census) as appropriate to carry out 
this section. 
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‘‘(6) DESIGNATION OF MULTIPLE MPOS.—More 
than 1 MPO may be designated within an existing 
metropolitan planning area only if the Governor and 
the existing MPO determine that the size and com-
plexity of the existing metropolitan planning area 
make designation of more than 1 MPO for the area 
appropriate. 
‘‘(c) METROPOLITAN PLANNING AREA BOUNDARIES.— 
‘‘(1) IN GENERAL.—For the purposes of this sec-
tion, the boundaries of a metropolitan planning area 
shall be determined by agreement between the MPO 
and the Governor. 
‘‘(2) INCLUDED AREA.—A metropolitan planning 
area— 
‘‘(A) shall encompass at least the existing 
urbanized area and the contiguous area expected 
to become urbanized within a 20-year forecast 
period for the metropolitan long-range transpor-
tation plan; and 
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan 
statistical area, as defined by the Bureau of the 
Census. 
‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS 
WITHIN EXISTING PLANNING AREA BOUNDARIES.—The 
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designation by the Bureau of the Census of new ur-
banized areas within an existing metropolitan plan-
ning area shall not require the redesignation of the 
existing MPO. 
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS 
IN
NONATTAINMENT.—Notwithstanding 
paragraph 
(2), in the case of an urbanized area designated as a 
nonattainment area for ozone or carbon monoxide 
under the Clean Air Act (42 U.S.C. 7401 et seq.) as 
of August 10, 2005, the boundaries of the metropoli-
tan planning area in existence as of such date shall 
be retained, except that the boundaries may be ad-
justed by agreement of the Governor and affected 
MPOs in the manner described in subsection (b)(5). 
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN 
NONATTAINMENT.—In the case of an urbanized area 
designated after August 10, 2005, as a nonattainment 
area for ozone or carbon monoxide, the boundaries of 
the metropolitan planning area— 
‘‘(A) shall be established in the manner de-
scribed in subsection (b)(1); 
‘‘(B) shall encompass the areas described in 
subsection (c)(2)(A); 
‘‘(C) may encompass the areas described in 
subsection (c)(2)(B); and 
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‘‘(D) may address any nonattainment area 
identified under the Clean Air Act for ozone or 
carbon monoxide. 
‘‘(d) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age a Governor with responsibility for a portion of a 
multistate metropolitan area and the appropriate 
MPOs to provide coordinated transportation planning 
for the entire metropolitan area. 
‘‘(2) INTERSTATE
COMPACTS.—The consent of 
Congress is granted to any 2 or more States— 
‘‘(A) to enter into agreements or compacts, 
not in conflict with any law of the United 
States, for cooperative efforts and mutual assist-
ance in support of activities authorized under 
this section as the activities pertain to interstate 
areas and localities within the States; and 
‘‘(B) to establish such agencies, joint or oth-
erwise, as the States may determine desirable for 
making the agreements and compacts effective. 
‘‘(3) RESERVATION
OF
RIGHTS.—The right to 
alter, amend, or repeal interstate compacts entered 
into under this subsection is expressly reserved. 
‘‘(e) MPO CONSULTATION IN PLAN AND TIP COORDI-
NATION.— 
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‘‘(1) NONATTAINMENT AREAS.—If more than 1 
MPO has authority within a metropolitan area or an 
area that is designated as a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act, 
each MPO shall consult with the other MPOs des-
ignated for such area and the State in the coordina-
tion of metropolitan long-range transportation plans 
and TIPs. 
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED 
IN AREAS REPRESENTED BY MULTIPLE MPOS.—If a 
transportation improvement, funded from the High-
way Trust Fund or authorized under chapter 53 of 
this title, is located within the boundaries of more 
than 1 metropolitan planning area, the MPOs shall 
coordinate metropolitan long-range transportation 
plans and TIPs regarding the transportation im-
provement. 
‘‘(3) RELATIONSHIP WITH OTHER PLANNING OF-
FICIALS.—The Secretary shall encourage an MPO to 
consult with officials responsible for other types of 
planning activities that are affected by transportation 
in the area (including State and local planned 
growth, economic development, environmental protec-
tion, airport operations, and freight movements) or to 
coordinate its planning process, to the maximum ex-
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tent practicable, with such planning activities. Under 
the metropolitan planning process, metropolitan long- 
range transportation plans and TIPs shall be devel-
oped with due consideration of other related planning 
activities within the metropolitan area, and the proc-
ess shall provide for the design and delivery of trans-
portation services within the metropolitan area that 
are provided by— 
‘‘(A) recipients of assistance under chapter 
53; 
‘‘(B) governmental agencies and nonprofit 
organizations (including representatives of the 
agencies and organizations) that receive Federal 
assistance from a source other than the Depart-
ment of Transportation to provide nonemergency 
transportation services; and 
‘‘(C) recipients of assistance under sections 
202 and 203 of title 23. 
‘‘(f) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The metropolitan planning 
process for a metropolitan planning area under this 
section shall provide for consideration of projects and 
strategies that will— 
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‘‘(A) support the economic vitality of the 
metropolitan area, especially by enabling global 
competitiveness, productivity, and efficiency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of people and for freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, across 
and between modes, for people and freight; 
‘‘(G) promote efficient system management 
and operation, including through the use of in-
telligent transportation systems; 
‘‘(H) emphasize the preservation of the ex-
isting transportation system; and 
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‘‘(I) support intermodal facilities or facili-
tate regional growth. 
‘‘(2) FAILURE TO CONSIDER FACTORS.—The fail-
ure to consider any factor specified in paragraph (1) 
shall not be reviewable by any court under title 23, 
chapter 53 of this title, subchapter II of chapter 5 of 
title 5, or chapter 7 of title 5 in any matter affecting 
a metropolitan long-range transportation plan or 
TIP, a project or strategy, or the certification of a 
planning process. 
‘‘(g) DEVELOPMENT
OF
LONG-RANGE
TRANSPOR-
TATION PLAN.— 
‘‘(1) IN GENERAL.— 
‘‘(A) EXISTING
AND
FORMER
NONATTAIN-
MENT AREAS.—An MPO shall prepare and up-
date a metropolitan long-range transportation 
plan for its metropolitan planning area in ac-
cordance with the requirements of this sub-
section. The MPO shall prepare and update the 
plan every 4 years (or more frequently, if the 
MPO elects to update more frequently) in the 
case of each of the following: 
‘‘(i) Any area designated as nonattain-
ment, as defined in section 107(d) of the 
Clean Air Act (42 U.S.C. 7407(d)). 
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‘‘(ii) Any area that was nonattainment 
and subsequently designated to attainment 
in accordance with section 107(d)(3) of that 
Act (42 U.S.C. 7407(d)(3)) and that is sub-
ject to a maintenance plan under section 
175A of that Act (42 U.S.C. 7505a). 
‘‘(B) OTHER AREAS.—In the case of any 
other area required to have a metropolitan long- 
range transportation plan, the MPO shall pre-
pare and update the plan every 5 years unless 
the MPO elects to update more frequently. 
‘‘(2) LONG-RANGE
TRANSPORTATION
PLAN.—A 
metropolitan long-range transportation plan shall be 
in a form that the Secretary determines to be appro-
priate and shall contain, at a minimum, the fol-
lowing: 
‘‘(A) IDENTIFICATION OF TRANSPORTATION 
FACILITIES.—An identification of transportation 
facilities (including major roadways, public 
transportation facilities, intercity bus facilities, 
multimodal and intermodal facilities, and inter-
modal connectors) that should function as an in-
tegrated metropolitan transportation system, giv-
ing emphasis to those facilities that serve impor-
tant national and regional transportation func-
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tions. In formulating the plan, the MPO shall 
consider factors described in subsection (f) and 
other relevant data and factors disseminated by 
the Secretary pursuant to section 5205(b) as 
such factors relate to a 20-year forecast period. 
‘‘(B) MITIGATION ACTIVITIES.— 
‘‘(i) IN
GENERAL.—A metropolitan 
long-range transportation plan shall include 
a discussion of types of potential environ-
mental mitigation activities and potential 
areas to carry out these activities, including 
activities that may have the greatest poten-
tial to restore and maintain the environ-
mental functions affected by the plan. 
‘‘(ii) CONSULTATION.—The discussion 
shall be developed in consultation with Fed-
eral, State, and tribal wildlife, land man-
agement, and regulatory agencies. 
‘‘(C) FINANCIAL PLAN.— 
‘‘(i) IN
GENERAL.—A financial plan 
that— 
‘‘(I) demonstrates how the adopted 
metropolitan long-range transportation 
plan can be implemented; 
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‘‘(II) indicates resources from 
public and private sources that are 
reasonably expected to be made avail-
able to carry out the metropolitan 
long-range transportation plan; 
‘‘(III) recommends any additional 
financing strategies for needed projects 
and programs; and 
‘‘(IV) may include, for illustrative 
purposes, 
additional 
projects 
that 
would be included in the adopted met-
ropolitan 
long-range 
transportation 
plan if reasonable additional resources 
beyond those identified in the financial 
plan were available. 
‘‘(ii) ESTIMATES OF FUNDS.—For the 
purpose of developing the metropolitan long- 
range transportation plan, the MPO, public 
transportation operator, and State shall co-
operatively develop estimates of funds that 
will be available to support plan implemen-
tation. 
‘‘(D) 
OPERATIONAL
AND
MANAGEMENT 
STRATEGIES.—Operational 
and 
management 
strategies to improve the performance of existing 
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transportation facilities to relieve vehicular con-
gestion and maximize the safety and mobility of 
people and goods. 
‘‘(E) CAPITAL
INVESTMENT
AND
OTHER 
STRATEGIES.—Capital investment and other 
strategies to preserve the existing and projected 
future metropolitan transportation infrastruc-
ture and provide for multimodal capacity in-
creases based on regional priorities and needs. 
‘‘(3) INTERCITY
BUS.—A metropolitan long- 
range transportation plan shall consider the role 
intercity buses may play in reducing congestion, pol-
lution, and energy consumption in a cost-effective 
manner and strategies and investments that preserve 
and enhance intercity bus systems, including systems 
that are privately owned and operated. 
‘‘(4) COORDINATION WITH CLEAN AIR ACT AGEN-
CIES.—In metropolitan areas that are in nonattain-
ment for ozone or carbon monoxide under the Clean 
Air Act, the MPO shall coordinate the development of 
a metropolitan long-range transportation plan with 
the process for development of the transportation con-
trol measures of the State implementation plan re-
quired by that Act. 
‘‘(5) CONSULTATION; COMPARISONS.— 
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‘‘(A) CONSULTATION.—A metropolitan long- 
range transportation plan shall be developed, as 
appropriate, in consultation with State and 
local agencies responsible for land use manage-
ment, natural resources, environmental protec-
tion, conservation, and historic preservation. 
‘‘(B) COMPARISONS.—Consultation under 
subparagraph (A) shall involve, as appropriate, 
a comparison of the metropolitan long-range 
transportation plan— 
‘‘(i) to State conservation plans and 
maps, if available; and 
‘‘(ii) to inventories of natural and his-
toric resources, if available. 
‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— 
‘‘(A) IN GENERAL.—An MPO shall provide 
citizens, affected public agencies, representatives 
of public transportation employees, freight ship-
pers, providers of freight transportation services, 
private providers of transportation, including 
intercity bus services, representatives of users of 
public transportation, representatives of users of 
pedestrian walkways and bicycle transportation 
facilities, representatives of the disabled, and 
other interested parties with a reasonable oppor-
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tunity to comment on its metropolitan long- 
range transportation plan. 
‘‘(B) CONTENTS OF PARTICIPATION PLAN.— 
A participation plan shall— 
‘‘(i) be developed in consultation with 
all interested parties; and 
‘‘(ii) provide that all interested parties 
have reasonable opportunities to comment 
on the contents of the metropolitan long- 
range transportation plan. 
‘‘(C) METHODS.—In carrying out subpara-
graph (A), the MPO shall, to the maximum ex-
tent practicable— 
‘‘(i) hold any public meetings at con-
venient and accessible locations and times; 
‘‘(ii) employ visualization techniques 
to describe plans; and 
‘‘(iii) make public information avail-
able in electronically accessible format and 
means, such as the Internet, as appropriate 
to afford a reasonable opportunity for con-
sideration of public information under sub-
paragraph (A). 
‘‘(7) PUBLICATION.—A metropolitan long-range 
transportation plan involving Federal participation 
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shall be published or otherwise made readily available 
by the MPO for public review (including to the max-
imum extent practicable in electronically accessible 
formats and means, such as the Internet) approved by 
the MPO, and submitted for information purposes to 
the Governor, at such times and in such manner as 
the Secretary shall establish. 
‘‘(8) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2)(C), a 
State or MPO shall not be required to select any 
project from the illustrative list of additional projects 
included in the financial plan under such paragraph. 
‘‘(h) METROPOLITAN TIP.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—In cooperation with the 
State and any affected public transportation op-
erator, the MPO designated for a metropolitan 
area shall develop a metropolitan TIP for the 
area for which the organization is designated. 
‘‘(B) OPPORTUNITY FOR COMMENT.—In de-
veloping the metropolitan TIP, the MPO, in co-
operation with the State and any affected public 
transportation operator, shall provide an oppor-
tunity for participation by interested parties in 
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the development of the program, in accordance 
with subsection (g)(6). 
‘‘(C) FUNDING ESTIMATES.—For the pur-
pose of developing the metropolitan TIP, the 
MPO, public transportation agency, and State 
shall cooperatively develop estimates of funds 
that are reasonably expected to be available to 
support program implementation. 
‘‘(D) UPDATING AND APPROVAL.—The met-
ropolitan TIP shall be updated at least once 
every 4 years and shall be approved by the MPO 
and the Governor. 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY
LIST.—The metropolitan 
TIP shall include a priority list of proposed fed-
erally supported projects and strategies to be car-
ried out within each 4-year period after the ini-
tial adoption of the metropolitan TIP. 
‘‘(B) FINANCIAL
PLAN.—The metropolitan 
TIP shall include a financial plan that— 
‘‘(i) demonstrates how the metropolitan 
TIP can be implemented; 
‘‘(ii) indicates resources from public 
and private sources that are reasonably ex-
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pected to be available to carry out the met-
ropolitan TIP; 
‘‘(iii) identifies innovative financing 
techniques to finance projects, programs, 
and strategies; and 
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the approved metropolitan TIP if 
reasonable additional resources beyond those 
identified in the financial plan were avail-
able. 
‘‘(C) DESCRIPTIONS.—A project in the met-
ropolitan TIP shall include sufficient descriptive 
material (such as type of work, termini, length, 
and other similar factors) to identify the project 
or phase of the project. 
‘‘(3) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS UNDER TITLE 23 AND CHAP-
TER 53 OF THIS TITLE.—A metropolitan TIP for 
an area shall include the projects within the area 
that are proposed for funding under chapter 1 of 
title 23 and chapter 53 of this title. 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE 23.— 
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‘‘(i) 
REGIONALLY
SIGNIFICANT 
PROJECTS.—Regionally significant projects 
proposed for funding under chapter 2 of 
title 23 shall be identified individually in 
the metropolitan TIP. 
‘‘(ii) OTHER PROJECTS.—Projects pro-
posed for funding under such chapter that 
are not determined to be regionally signifi-
cant shall be grouped in one line item or 
identified individually in the metropolitan 
TIP. 
‘‘(C) 
CONSISTENCY
WITH
LONG-RANGE 
TRANSPORTATION PLAN.—A project shall be con-
sistent with the metropolitan long-range trans-
portation plan for the area. 
‘‘(D) REQUIREMENT OF ANTICIPATED FULL 
FUNDING.—The program shall include a project, 
or the identified phase of a project, only if full 
funding can reasonably be anticipated to be 
available for the project or the identified phase 
within the time period contemplated for comple-
tion of the project or the identified phase. 
‘‘(E) TIP MODIFICATIONS BY GOVERNOR.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provisions of this section or sec-
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tion 5204, if a State and an MPO fail to 
agree on programming a project of state-
wide significance on the Interstate System 
(as defined in section 101(a) of title 23) 
into a metropolitan TIP, the Governor may 
modify the metropolitan TIP to add the 
project without approval or endorsement by 
the MPO. 
‘‘(ii) CONFORMING
AMENDMENTS
TO 
METROPOLITAN
LONG-RANGE
TRANSPOR-
TATION PLAN.—If the Governor modifies a 
metropolitan TIP under clause (i), the 
MPO shall amend its metropolitan long- 
range transportation plan to be consistent 
with the modified metropolitan TIP. 
‘‘(4) NOTICE AND COMMENT.—Before approving 
a metropolitan TIP, an MPO, in cooperation with the 
State and any affected public transportation oper-
ator, shall provide an opportunity for participation 
by interested parties in the development of the pro-
gram, in accordance with subsection (g)(5). 
‘‘(5) SELECTION OF PROJECTS.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided in subsection (i)(4) and in addition to 
the metropolitan TIP development required 
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under paragraph (1), the selection of federally 
funded projects in metropolitan areas shall be 
carried out from the approved metropolitan 
TIP— 
‘‘(i) by— 
‘‘(I) in the case of projects under 
title 23, the State; and 
‘‘(II) in the case of projects under 
chapter 53, the designated recipients of 
public transportation funding; and 
‘‘(ii) in cooperation with the MPO. 
‘‘(B) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
law, action by the Secretary shall not be required 
to advance a project included in the approved 
metropolitan TIP in place of another project in 
the program. 
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.— 
‘‘(A) NO REQUIRED SELECTION.—Notwith-
standing paragraph (2)(B)(iv), a State or MPO 
shall not be required to select any project from 
the illustrative list of additional projects in-
cluded in the financial plan under paragraph 
(2)(B)(iv). 
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‘‘(B) REQUIRED
ACTION
BY
THE
SEC-
RETARY.—Action by the Secretary shall be re-
quired for a State or MPO to select any project 
from the illustrative list of additional projects 
included in the financial plan under paragraph 
(2)(B)(iv) for inclusion in an approved metro-
politan TIP. 
‘‘(7) PUBLICATION.— 
‘‘(A) PUBLICATION OF TIPS.—A metropoli-
tan TIP involving Federal participation shall be 
published or otherwise made readily available, 
including on the Internet, by the MPO for public 
review. 
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF 
PROJECTS.—An annual listing of projects (in-
cluding investments in pedestrian walkways, bi-
cycle transportation facilities, and intermodal 
facilities that support intercity transportation) 
for which Federal funds have been obligated in 
the preceding year shall be published or other-
wise made available, including on the Internet, 
by the cooperative effort of the State, public 
transportation operator, and MPO for public re-
view. The listing shall be consistent with the cat-
egories identified in the metropolitan TIP. 
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‘‘(i) TRANSPORTATION MANAGEMENT AREAS.— 
‘‘(1) IDENTIFICATION AND DESIGNATION.— 
‘‘(A) REQUIRED IDENTIFICATION.—The Sec-
retary shall identify as a transportation man-
agement area each urbanized area (as defined by 
the Bureau of the Census) with a population of 
over 200,000 individuals. 
‘‘(B) DESIGNATIONS
ON
REQUEST.—The 
Secretary shall designate any additional area as 
a transportation management area on the re-
quest of the Governor and the MPO designated 
for the area. 
‘‘(2) LONG-RANGE TRANSPORTATION PLANS.—In 
a transportation management area, metropolitan 
long-range transportation plans shall be based on a 
continuing and comprehensive transportation plan-
ning process carried out by the MPO in cooperation 
with the State and public transportation operators. 
‘‘(3) CONGESTION
MANAGEMENT
PROCESS.— 
Within a metropolitan planning area serving a trans-
portation management area, the transportation plan-
ning process under this section shall address conges-
tion management through a process that provides for 
effective management and operation, based on a coop-
eratively developed and implemented metropolitan- 
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wide strategy, of new and existing transportation fa-
cilities eligible for funding under title 23 and chapter 
53 of this title through the use of travel demand re-
duction, intelligent transportation systems, and oper-
ational management strategies. The Secretary shall 
establish an appropriate phase-in schedule for compli-
ance with the requirements of this section but not 
sooner than 1 year after the identification of a trans-
portation management area. 
‘‘(4) SELECTION OF PROJECTS.— 
‘‘(A) IN
GENERAL.—All federally funded 
projects carried out within the boundaries of a 
metropolitan planning area serving a transpor-
tation management area under title 23 (exclud-
ing projects carried out on the National High-
way System under such title) or under chapter 
53 of this title shall be selected for implementa-
tion from the approved metropolitan TIP by the 
MPO designated for the area in consultation 
with the State and any affected public transpor-
tation operator. 
‘‘(B) 
NATIONAL
HIGHWAY
SYSTEM 
PROJECTS.—Projects carried out within the 
boundaries of a metropolitan planning area serv-
ing a transportation management area on the 
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National Highway System under title 23 shall be 
selected for implementation from the approved 
metropolitan TIP by the State in cooperation 
with the MPO designated for the area. 
‘‘(5) CERTIFICATION.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) ensure that the metropolitan plan-
ning process of an MPO serving a transpor-
tation management area is being carried 
out in accordance with applicable provi-
sions of Federal law; and 
‘‘(ii) subject to subparagraph (B), cer-
tify, not less often than once every 4 years, 
that the requirements of this paragraph are 
met with respect to the metropolitan plan-
ning process. 
‘‘(B) 
REQUIREMENTS
FOR
CERTIFI-
CATION.—The Secretary may make the certifi-
cation under subparagraph (A) if— 
‘‘(i) the transportation planning proc-
ess complies with the requirements of this 
section and other applicable requirements of 
Federal law; and 
‘‘(ii) there is a metropolitan TIP for 
the metropolitan planning area that has 
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been approved by the MPO and the Gov-
ernor. 
‘‘(C) EFFECT OF FAILURE TO CERTIFY.— 
‘‘(i) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If the metropolitan planning proc-
ess of an MPO serving a transportation 
management area is not certified, the Sec-
retary may withhold up to 20 percent of the 
funds attributable to the metropolitan plan-
ning area of the MPO for projects funded 
under title 23 and chapter 53 of this title. 
‘‘(ii) 
RESTORATION
OF
WITHHELD 
FUNDS.—The withheld funds shall be re-
stored to the metropolitan planning area at 
such time as the metropolitan planning 
process is certified by the Secretary. 
‘‘(D) REVIEW OF CERTIFICATION.—In mak-
ing certification determinations under this para-
graph, the Secretary shall provide for public in-
volvement appropriate to the metropolitan area 
under review. 
‘‘(j) ABBREVIATED PLANS FOR CERTAIN AREAS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), in 
the case of a metropolitan area not designated as a 
transportation management area under this section, 
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the Secretary may provide for the development of an 
abbreviated metropolitan long-range transportation 
plan and TIP for the metropolitan planning area 
that the Secretary determines is appropriate to 
achieve the purposes of this section, taking into ac-
count the complexity of transportation problems in 
the area. 
‘‘(2) NONATTAINMENT
AREAS.—The Secretary 
may not permit abbreviated plans or TIPs for a met-
ropolitan area that is in nonattainment for ozone or 
carbon monoxide under the Clean Air Act. 
‘‘(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NON-
ATTAINMENT AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of title 23, this chapter, or chapter 53 of 
this title, for transportation management areas classi-
fied as nonattainment for ozone or carbon monoxide 
pursuant to the Clean Air Act, Federal funds may not 
be advanced in such area for any highway project 
that will result in a significant increase in the car-
rying capacity for single-occupant vehicles unless the 
project is addressed through a congestion management 
process. 
‘‘(2) APPLICABILITY.—This subsection applies to 
a nonattainment area within the metropolitan plan-
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447 
ning area boundaries determined under subsection 
(c). 
‘‘(l) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to confer on an 
MPO the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under title 23 or chapter 53 of this title. 
‘‘(m) FUNDING.—Funds set aside under section 104(f) 
of title 23 or section 5305(g) of this title shall be available 
to carry out this section. 
‘‘(n) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since metropolitan long-range transportation plans 
and TIPs are subject to a reasonable opportunity for public 
comment, since individual projects included in such plans 
and TIPs are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
since decisions by the Secretary concerning such plans and 
TIPs have not been reviewed under that Act as of January 
1, 1997, any decision by the Secretary concerning such 
plans and TIPs shall not be considered to be a Federal ac-
tion subject to review under that Act. 
‘‘§ 5204. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.— 
To accomplish the objectives stated in section 5201, a 
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State shall develop a statewide strategic long-range 
transportation plan and a statewide transportation 
improvement program for all areas of the State, sub-
ject to section 5203. 
‘‘(2) CONTENTS.—Statewide strategic long-range 
transportation plans and TIPs shall provide for the 
development and integrated management and oper-
ation of transportation systems and facilities (includ-
ing accessible pedestrian walkways, bicycle transpor-
tation facilities, and intermodal facilities that sup-
port intercity transportation, including intercity 
buses and intercity bus facilities) that will function 
as an intermodal transportation system for the State 
and an integral part of an intermodal transportation 
system for the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing statewide strategic long-range trans-
portation plans and TIPs shall provide for consider-
ation of all modes of transportation and the policies 
stated in section 5201, and shall be continuing, coop-
erative, and comprehensive to the degree appropriate, 
based on the complexity of the transportation prob-
lems to be addressed. 
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; 
STATE IMPLEMENTATION PLAN.—A State shall— 
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‘‘(1) coordinate planning carried out under this 
section with the transportation planning activities 
carried out under section 5203 for metropolitan areas 
of the State and with statewide trade and economic 
development 
planning 
activities 
and 
related 
multistate planning efforts; and 
‘‘(2) develop the transportation portion of the 
State implementation plan as required by the Clean 
Air Act (42 U.S.C. 7401 et seq.). 
‘‘(c) INTERSTATE AGREEMENTS.— 
‘‘(1) IN GENERAL.—The consent of Congress is 
granted to 2 or more States entering into agreements 
or compacts, not in conflict with any law of the 
United States, for cooperative efforts and mutual as-
sistance in support of activities authorized under this 
section related to interstate areas and localities in the 
States and establishing authorities the States consider 
desirable for making the agreements and compacts ef-
fective. 
‘‘(2) RESERVATION
OF
RIGHTS.—The right to 
alter, amend, or repeal interstate compacts entered 
into under this subsection is expressly reserved. 
‘‘(d) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—A State shall carry out a 
statewide transportation planning process that pro-
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vides for consideration and implementation of 
projects, strategies, and services that will— 
‘‘(A) support the economic vitality of the 
United States, the States, nonmetropolitan areas, 
and metropolitan areas, especially by enabling 
global competitiveness, productivity, and effi-
ciency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of people and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, across 
and between modes throughout the State, for peo-
ple and freight; 
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‘‘(G) promote efficient system management 
and operation, including through the use of in-
telligent transportation systems; and 
‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) FAILURE TO CONSIDER FACTORS.—The fail-
ure to consider any factor specified in paragraph (1) 
shall not be reviewable by any court under title 23, 
chapter 53 of this title, subchapter II of chapter 5 of 
title 5, or chapter 7 of title 5 in any matter affecting 
a statewide strategic long-range transportation plan 
or TIP, a project or strategy, or the certification of 
a planning process. 
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out 
planning under this section, a State shall, at a minimum— 
‘‘(1) with respect to nonmetropolitan areas, co-
operate with affected nonmetropolitan local officials 
or, if applicable, through regional transportation 
planning organizations described in subsection (k); 
‘‘(2) consider the concerns of Indian tribal gov-
ernments and Federal land management agencies that 
have jurisdiction over land within the boundaries of 
the State; and 
‘‘(3) coordinate statewide long-range transpor-
tation plans and TIPs and planning activities with 
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related planning activities being carried out outside 
of metropolitan planning areas and between States. 
‘‘(f) STATEWIDE STRATEGIC LONG-RANGE TRANSPOR-
TATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—A State shall develop a 
statewide strategic long-range transportation 
plan, with a minimum 20-year forecast period 
for all areas of the State, that provides for the 
development and implementation of the inter-
modal interconnected transportation system of 
the State. 
‘‘(B) STATEWIDE
STRATEGIC
LONG-RANGE 
TRANSPORTATION PLAN REQUIREMENTS.— 
‘‘(i) NATIONAL TRANSPORTATION STA-
TISTICS.—In developing a statewide stra-
tegic long-range transportation plan, the 
State shall consider the data and factors 
disseminated by the Secretary pursuant to 
section 5205(b) for that particular State. 
‘‘(ii) 
TRANSPORTATION
PROJECTS 
THAT ARE OF STATEWIDE, REGIONAL, AND 
NATIONAL
IMPORTANCE.—The State shall 
identify transportation projects across all 
modes of transportation in the State that 
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453 
have statewide, regional, and national sig-
nificance. In identifying these projects, the 
State shall consider the factors described in 
section 5205(b). 
‘‘(iii) STATES WITH CONGESTED AIR-
PORTS.—If a State has an airport in its ju-
risdiction that had at least 1 percent of all 
delayed aircraft operations in the United 
States, as identified by the Federal Aviation 
Administration’s Airport Capacity Bench-
mark Report, the statewide strategic long- 
range transportation plan shall include 
measures to alleviate congestion at that air-
port either through expansion or the devel-
opment of additional facilities. 
‘‘(iv) 
STATES
WITH
CONGESTED 
FREIGHT RAIL CORRIDORS.—If data from 
the Department of Transportation and the 
freight railroad industry project that a 
State has freight railroad corridors that op-
erate at levels of service that are at or ex-
ceed capacity, the statewide strategic long- 
range transportation plan shall include 
measures by which the State department of 
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454 
transportation and the freight railroads 
provide relief for the congested corridors. 
‘‘(v) 
STATES
WITH
DEEP
DRAFT 
PORTS.—If a State has a deep draft port, 
the statewide strategic long-range transpor-
tation plan shall take into account any 
plan for expansion at that port and any 
projected increase in shipping traffic at that 
port. 
‘‘(vi) STATES WITH NAVIGABLE INLAND 
WATERWAYS.—A State that has navigable 
inland waterways shall include in its state-
wide strategic long-range transportation 
plan any plans to use those waterways to 
facilitate the efficient and reliable transpor-
tation of freight and people. 
‘‘(vii) PROJECT INTERCONNECTIVITY.— 
In developing a statewide strategic long- 
range transportation plan, the State shall 
ensure interconnectivity for freight and pas-
sengers between different facilities and be-
tween different modes of transportation. 
‘‘(viii) 
COST
ESTIMATES
FOR 
PROJECTS THAT ARE OF STATEWIDE, RE-
GIONAL, AND
NATIONAL
IMPORTANCE.—In 
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455 
developing the statewide strategic long-range 
transportation plan, the State shall include 
estimates of the costs of each of the projects 
identified in clause (ii). 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN
AREAS.—The state-
wide strategic long-range transportation plan 
shall be developed for each metropolitan area in 
the State in cooperation with the metropolitan 
planning organization designated for the metro-
politan area under section 5203. 
‘‘(B) NONMETROPOLITAN AREAS.—With re-
spect to nonmetropolitan areas, the statewide 
strategic long-range transportation plan shall be 
developed in cooperation with affected nonmetro-
politan local officials or, if applicable, through 
regional transportation planning organizations 
described in subsection (k). 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to an area of the State under the jurisdiction of 
an Indian tribal government, the statewide stra-
tegic long-range transportation plan shall be de-
veloped in consultation with the tribal govern-
ment and the Secretary of the Interior. 
‘‘(D) CONSULTATION; COMPARISONS.— 
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‘‘(i) 
CONSULTATION.—A 
statewide 
strategic long-range transportation plan 
shall be developed, as appropriate, in con-
sultation with State, tribal, regional, and 
local agencies responsible for land use man-
agement, natural resources, environmental 
protection, conservation, and historic pres-
ervation. 
‘‘(ii) 
COMPARISONS.—Consultation 
under clause (i) shall involve, as appro-
priate, comparison of statewide strategic 
long-range transportation plans— 
‘‘(I) to State and tribal conserva-
tion plans and maps, if available; and 
‘‘(II) to inventories of natural 
and historic resources, if available. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— 
‘‘(A) IN GENERAL.—The State shall provide 
citizens, affected public agencies, representatives 
of public transportation employees, freight ship-
pers, providers of freight transportation services, 
private providers of transportation, including 
intercity bus services, representatives of users of 
public transportation, representatives of users of 
pedestrian walkways and bicycle transportation 
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457 
facilities, representatives of the disabled, and 
other interested parties with a reasonable oppor-
tunity to comment on the statewide strategic 
long-range transportation plan. 
‘‘(B) METHODS.—In carrying out subpara-
graph (A), the State shall, to the maximum ex-
tent practicable— 
‘‘(i) hold any public meetings at con-
venient and accessible locations and times; 
‘‘(ii) employ visualization techniques 
to describe plans; and 
‘‘(iii) make public information avail-
able in electronically accessible format and 
means, such as the Internet, as appropriate 
to afford a reasonable opportunity for con-
sideration of public information under sub-
paragraph (A). 
‘‘(4) MITIGATION ACTIVITIES.— 
‘‘(A) IN
GENERAL.—A statewide strategic 
long-range transportation plan shall include a 
discussion of potential environmental mitigation 
activities and potential areas to carry out these 
activities, including activities that may have the 
greatest potential to restore and maintain the 
environmental functions affected by the plan. 
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‘‘(B) CONSULTATION.—The discussion shall 
be developed in consultation with Federal, State, 
and tribal wildlife, land management, and regu-
latory agencies. 
‘‘(5) FINANCIAL PLAN.—The statewide strategic 
long-range transportation plan may include a finan-
cial plan that— 
‘‘(A) demonstrates how the adopted state-
wide strategic long-range transportation plan 
can be implemented; 
‘‘(B) indicates resources from public and 
private sources that are reasonably expected to be 
made available to carry out the statewide stra-
tegic long-range transportation plan; 
‘‘(C) recommends any additional financing 
strategies for needed projects and programs; and 
‘‘(D) may include, for illustrative purposes, 
additional projects that would be included in the 
adopted statewide strategic long-range transpor-
tation plan if reasonable additional resources be-
yond those identified in the financial plan were 
available. 
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—A State shall not be required to select 
any project from the illustrative list of additional 
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projects included in the financial plan described in 
paragraph (5). 
‘‘(7) EXISTING SYSTEM.—A statewide strategic 
long-range transportation plan should include cap-
ital, operations, and management strategies, invest-
ments, procedures, and other measures to ensure the 
preservation and most efficient use of the existing 
transportation system. 
‘‘(8) INTERCITY
BUS.—A statewide strategic 
long-range transportation plan shall consider the role 
intercity buses may play in reducing congestion, pol-
lution, and energy consumption in a cost-effective 
manner and strategies and investments that preserve 
and enhance intercity bus systems, including systems 
that are privately owned and operated. 
‘‘(9) PUBLICATION
OF
STATEWIDE
STRATEGIC 
LONG-RANGE TRANSPORTATION PLANS.—A statewide 
strategic long-range transportation plan prepared by 
a State shall be published or otherwise made avail-
able, including to the maximum extent practicable in 
electronically accessible formats and means, such as 
the Internet. 
‘‘(g) STATEWIDE TIP.— 
‘‘(1) DEVELOPMENT.—A State shall develop a 
statewide TIP for all areas of the State. Such pro-
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gram shall cover a period of 4 years and be updated 
every 4 years or more frequently if the Governor elects 
to update more frequently. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN AREAS.—With respect 
to a metropolitan area in the State, the program 
shall be developed in cooperation with the MPO 
designated for the metropolitan area under sec-
tion 5203. 
‘‘(B) NONMETROPOLITAN AREAS.—With re-
spect to a nonmetropolitan area in the State, the 
program shall be developed in cooperation with 
affected nonmetropolitan local officials or, if ap-
plicable, through regional transportation plan-
ning organizations described in subsection (k). 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to an area of the State under the jurisdiction of 
an Indian tribal government, the program shall 
be developed in consultation with the tribal gov-
ernment and the Secretary of the Interior. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— 
In developing the program, the State shall provide 
citizens, affected public agencies, representatives of 
public transportation employees, freight shippers, pri-
vate providers of transportation, providers of freight 
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transportation services, representatives of users of 
public transportation, representatives of users of pe-
destrian walkways and bicycle transportation facili-
ties, representatives of the disabled, and other inter-
ested parties with a reasonable opportunity to com-
ment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.— 
‘‘(A) IN GENERAL.—A statewide TIP devel-
oped for a State shall include federally supported 
surface transportation expenditures within the 
boundaries of the State. 
‘‘(B) LISTING
OF
PROJECTS.—An annual 
listing of projects for which funds have been obli-
gated in the preceding year in each metropolitan 
planning area shall be published or otherwise 
made available by the cooperative effort of the 
State, public transportation operator, and the 
MPO for public review. The listing shall be con-
sistent with the funding categories identified in 
each metropolitan TIP. 
‘‘(C) PROJECTS
UNDER
CHAPTER
OF 
TITLE 23.— 
‘‘(i) 
REGIONALLY
SIGNIFICANT 
PROJECTS.—Regionally significant projects 
proposed for funding under chapter 2 of 
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title 23 shall be identified individually in 
the statewide TIP. 
‘‘(ii) OTHER PROJECTS.—Projects pro-
posed for funding under such chapter that 
are not determined to be regionally signifi-
cant shall be grouped in one line item or 
identified individually in the statewide 
TIP. 
‘‘(D) CONSISTENCY WITH STATEWIDE STRA-
TEGIC LONG-RANGE TRANSPORTATION PLAN.—A 
project shall be— 
‘‘(i) consistent with the statewide stra-
tegic long-range transportation plan devel-
oped under this section for the State; 
‘‘(ii) identical to the project or phase of 
the project as described in an approved met-
ropolitan long-range transportation plan; 
‘‘(iii) identical to the project or phase 
of the project as described in a metropolitan 
TIP approved by the Governor; and 
‘‘(iv) in conformance with the applica-
ble State air quality implementation plan 
developed under the Clean Air Act, if the 
project is carried out in an area designated 
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as nonattainment for ozone, particulate 
matter, or carbon monoxide under that Act. 
‘‘(E) REQUIREMENT OF ANTICIPATED FULL 
FUNDING.—The statewide TIP shall include a 
project, or the identified phase of a project, only 
if full funding can reasonably be anticipated to 
be available for the project or the identified 
phase within the time period contemplated for 
completion of the project or the identified phase. 
‘‘(F) FINANCIAL PLAN.—The statewide TIP 
may include a financial plan that— 
‘‘(i) demonstrates how the approved 
statewide TIP can be implemented; 
‘‘(ii) indicates resources from public 
and private sources that are reasonably ex-
pected to be made available to carry out the 
statewide TIP; 
‘‘(iii) recommends any additional fi-
nancing strategies for needed projects and 
programs; and 
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the adopted statewide TIP if rea-
sonable additional resources beyond those 
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identified in the financial plan were avail-
able. 
‘‘(G) SELECTION OF PROJECTS FROM ILLUS-
TRATIVE LIST.— 
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (F), a State 
shall not be required to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (F). 
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—An action by the Secretary shall 
be required for a State to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (F) for inclusion in an 
approved statewide TIP. 
‘‘(H) PRIORITIES.—The statewide TIP shall 
reflect the priorities for programming and ex-
penditures of funds required by title 23, this 
chapter, and chapter 53 of this title. 
‘‘(5) PROJECT SELECTION FOR AREAS WITHOUT 
MPOS.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), projects carried out in areas 
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without a designated MPO shall be selected from 
the approved statewide TIP by the State in co-
operation with affected nonmetropolitan local of-
ficials or, if applicable, through regional trans-
portation planning organizations described in 
subsection (k). 
‘‘(B) NHS PROJECTS.—Projects carried out 
on the National Highway System under title 23 
or under sections 5311 and 5317 of this title in 
areas without a designated MPO shall be selected 
from the approved statewide TIP by the State in 
consultation with affected nonmetropolitan local 
officials. 
‘‘(6) TIP APPROVAL.—Every 4 years, a statewide 
TIP shall be reviewed and approved by the Secretary 
if based on a current planning finding. 
‘‘(7) PLANNING
FINDING.—A finding shall be 
made by the Secretary at least once every 4 years that 
the transportation planning process through which 
statewide strategic long-range transportation plans 
and TIPs are developed is consistent with this section 
and section 5203. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 
Notwithstanding any other provision of law, action 
by the Secretary shall not be required to advance a 
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project included in the approved statewide TIP in 
place of another project in the program. 
‘‘(h) FUNDING.—Funds set aside pursuant to sections 
104(f) and 505 of title 23 and section 5305(g) of this title 
shall be available to carry out this section. 
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT PROCESSES.—For purposes of this 
section and section 5203, State laws, rules, or regulations 
pertaining to congestion management systems or programs 
may constitute the congestion management process under 
this section and section 5203 if the Secretary finds that the 
State laws, rules, or regulations are consistent with, and 
fulfill the intent of, the purposes of this section and section 
5203, as appropriate. 
‘‘(j) CONTINUATION
OF
CURRENT
REVIEW
PRAC-
TICE.—Since statewide strategic long-range transportation 
plans and TIPs are subject to a reasonable opportunity for 
public comment, individual projects included in such plans 
and TIPs are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
decisions by the Secretary concerning such plans and TIPs 
have not been reviewed under that Act as of January 1, 
1997, any decision by the Secretary concerning such plans 
and TIPS shall not be considered to be a Federal action 
subject to review under that Act. 
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‘‘(k) DESIGNATION
OF REGIONAL TRANSPORTATION 
PLANNING ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, a 
State may establish and designate regional transpor-
tation planning organizations to enhance the plan-
ning, coordination, and implementation of statewide 
strategic long-range transportation plans and TIPs, 
with an emphasis on addressing the needs of non-
metropolitan areas of the State. 
‘‘(2) STRUCTURE.—A regional transportation 
planning organization shall be established as a multi- 
jurisdictional organization of volunteers from non-
metropolitan local officials or their designees and rep-
resentatives of local transportation systems. 
‘‘(3) REQUIREMENTS.—A regional transpor-
tation planning organization shall establish, at a 
minimum— 
‘‘(A) a policy committee, the majority of 
which shall consist of nonmetropolitan local offi-
cials, or their designees, and which shall also in-
clude, as appropriate, additional representatives 
from the State, private business, transportation 
service providers, economic development practi-
tioners, and the public in the region; and 
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‘‘(B) a fiscal and administrative agent, 
such as an existing regional planning and devel-
opment organization, to provide professional 
planning, management, and administrative sup-
port. 
‘‘(4) DUTIES.—The duties of a regional trans-
portation planning organization shall include— 
‘‘(A) developing and maintaining, in co-
operation with the State, regional long-range 
multimodal transportation plans; 
‘‘(B) developing a regional transportation 
improvement program for consideration by the 
State; 
‘‘(C) fostering the coordination of local 
planning, land use, and economic development 
plans with State, regional, and local transpor-
tation plans and programs; 
‘‘(D) providing technical assistance to local 
officials; 
‘‘(E) participating in national, multistate, 
and State policy and planning development 
processes to ensure the regional and local input 
of nonmetropolitan areas; 
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‘‘(F) providing a forum for public partici-
pation in the statewide and regional transpor-
tation planning processes; 
‘‘(G) considering and sharing plans and 
programs with neighboring regional transpor-
tation planning organizations, MPOs, and, 
where appropriate, tribal organizations; and 
‘‘(H) conducting other duties, as necessary, 
to support and enhance the statewide planning 
process under subsection (d). 
‘‘(5) STATES
WITHOUT
REGIONAL
TRANSPOR-
TATION PLANNING ORGANIZATIONS.—If a State choos-
es not to establish or designate a regional transpor-
tation planning organization, the State shall consult 
with affected nonmetropolitan local officials to deter-
mine projects that may be of regional significance. 
‘‘§ 5205. National strategic transportation plan 
‘‘(a) DEVELOPMENT OF NATIONAL STRATEGIC TRANS-
PORTATION PLAN.— 
‘‘(1) DEVELOPMENT OF PLAN.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with State departments of transpor-
tation, shall develop a national strategic trans-
portation plan (in this section referred to as the 
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‘national plan’) in accordance with the require-
ments of this section. 
‘‘(B) SOLICITATION.—Not later than 30 
days after the date of enactment of this section, 
the Secretary shall publish in the Federal Reg-
ister a solicitation requesting each State depart-
ment of transportation to submit to the Sec-
retary, not later than 90 days after such date of 
enactment, a list of projects that the State rec-
ommends for inclusion in the national plan. 
‘‘(C) STATE SELECTION OF PROJECTS.—In 
selecting projects under subparagraph (B), a 
State department of transportation shall con-
sider the elements of the national plan described 
in paragraph (2). 
‘‘(D) FAILURE
TO
SUBMIT
RECOMMENDA-
TIONS.—If a State does not submit a list of rec-
ommended projects in accordance with this para-
graph, the Secretary shall select projects in the 
State that will be considered for inclusion in the 
national plan. 
‘‘(E) SELECTION OF PROJECTS.—Not later 
than 60 days after the date on which the Sec-
retary receives a list of recommended projects 
from a State department of transportation under 
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this paragraph, the Secretary shall review the 
list and select projects from the list for inclusion 
in the national plan. 
‘‘(F) BASIS FOR SELECTION.—In selecting 
projects for inclusion in the national plan, the 
Secretary shall consider, at a minimum— 
‘‘(i) the projects recommended by State 
departments of transportation under this 
paragraph; 
‘‘(ii) the ability of projects to improve 
mobility by increasing transportation op-
tions for passengers and freight; 
‘‘(iii) the degree to which projects cre-
ate intermodal links between different modes 
of transportation, including passenger and 
freight rail, public transportation, intercity 
bus, airports, seaports, and navigable in-
land waterways; and 
‘‘(iv) the ability of projects to generate 
national economic benefits, including— 
‘‘(I) improvements to economic 
productivity through congestion relief; 
and 
‘‘(II) improvements to passenger 
and freight movement. 
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‘‘(2) ELEMENTS OF NATIONAL PLAN.— 
‘‘(A) ROLE
OF
STATEWIDE
STRATEGIC 
LONG-RANGE TRANSPORTATION PLANS.—The na-
tional plan shall be modeled after the statewide 
strategic long-range transportation plans devel-
oped under section 5204(f). 
‘‘(B) NATIONAL AND REGIONAL TRANSPOR-
TATION PROJECTS.—Giving emphasis to the fa-
cilities that serve important national and re-
gional transportation functions, the national 
plan shall include an identification of transpor-
tation projects (including major roadways, pub-
lic transportation facilities, intercity bus facili-
ties, multimodal and intermodal facilities, and 
intermodal connectors) that facilitate the devel-
opment of— 
‘‘(i) a national transportation system; 
and 
‘‘(ii) an integrated regional transpor-
tation system. 
‘‘(C) INTERCONNECTIVITY BETWEEN STATES 
AND REGIONS.—The national plan shall ensure a 
level of interconnectivity among transportation 
facilities and strategies at State and regional 
borders. 
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‘‘(D) IDENTIFICATION OF POTENTIAL HIGH- 
SPEED INTERCITY RAIL CORRIDORS AND SHIP-
PING ROUTES.—In developing the national plan, 
the Secretary, in consultation with State depart-
ments of transportation, shall identify potential 
high-speed passenger rail projects and potential 
short seas shipping routes. 
‘‘(E) INTERCITY BUS NETWORK.—The na-
tional plan shall identify projects to preserve 
and expand the Nation’s intercity bus network 
and provide interconnectivity to other forms of 
intercity and local transportation. 
‘‘(F) AEROTROPOLIS TRANSPORTATION SYS-
TEMS.—The 
national 
plan 
shall 
identify 
aerotropolis transportation systems that will en-
hance economic competitiveness and exports in 
the United States by providing efficient, cost-ef-
fective, sustainable, and intermodal connectivity 
to a defined region of economic significance for 
freight and passenger transportation. 
‘‘(G) COST ESTIMATES FOR PROJECTS.—In 
developing the national plan, the Secretary shall 
include estimates of the costs of each of the 
projects and strategies identified in the national 
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plan and a total cost of all of the projects and 
strategies identified in the national plan. 
‘‘(3) ISSUANCE
AND
UPDATING
OF
NATIONAL 
PLAN.— 
‘‘(A) ISSUANCE.—Not later than April 30, 
2014, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Committee 
on Environment and Public Works, the Com-
mittee on Banking, Housing, and Urban Affairs, 
and the Committee on Commerce, Science, and 
Transportation of the Senate the national plan 
developed under this section. 
‘‘(B) UPDATES.—At least once every 2 years 
after the date of submission of the national plan 
under subparagraph (A), the Secretary— 
‘‘(i) in consultation with State depart-
ments of transportation, shall update the 
national plan; and 
‘‘(ii) shall submit the updated national 
plan to the committees referred to in sub-
paragraph (A). 
‘‘(b) DISSEMINATION OF TRANSPORTATION DATA AND 
STATISTICS
FOR DEVELOPMENT
OF STRATEGIC LONG- 
RANGE TRANSPORTATION PLANS.— 
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‘‘(1) IN GENERAL.—The Secretary shall develop, 
and disseminate to the States, relevant long-range 
transportation data and statistics that a State or the 
Secretary, as the case may be, shall use in the devel-
opment of statewide, regional, and national strategic 
long-range transportation plans. 
‘‘(2) TYPES OF TRANSPORTATION DATA AND STA-
TISTICS TO BE DEVELOPED.—The data and statistics 
referred to in paragraph (1) shall include, at a min-
imum, 20-year projections— 
‘‘(A) of population growth in each State; 
‘‘(B) from the Department of Transpor-
tation’s Freight Analysis Framework (referred to 
in this paragraph as ‘FAF’), including projec-
tions for annual average daily truck flow on spe-
cific highway routes; 
‘‘(C) from the Department of Transpor-
tation’s Highway Performance Monitoring Sys-
tem (referred to in this paragraph as ‘HPMS’) 
of estimated peak period congestion on major 
highway routes or segments of routes and in met-
ropolitan areas; 
‘‘(D) from HPMS and FAF of estimated 
traffic volumes on segments of highway that are 
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projected to be classified as moderately or highly 
congested; 
‘‘(E) from HPMS and FAF for highway 
bottlenecks; 
‘‘(F) of public transportation use in urban-
ized areas, including for each urbanized area a 
comparison of estimated ridership growth and 
estimated public transportation revenue vehicle 
miles to available system capacity and current 
service levels; 
‘‘(G) of aviation passenger enplanements 
and cargo ton miles flown; 
‘‘(H) of increases in unmanned aerial sys-
tem and general aviation active aircraft and 
hours flown; 
‘‘(I) of capacity-constrained airports and 
congested air traffic routes; 
‘‘(J) of passenger demand for suborbital 
space tourism; 
‘‘(K) of demand on major freight rail lines; 
‘‘(L) of shipping traffic at United States 
ports; and 
‘‘(M) of intercity bus and passenger rail 
ridership demand. 
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‘‘§ 5206. National performance management system 
‘‘(a) ESTABLISHMENT OF NATIONAL PERFORMANCE 
MANAGEMENT SYSTEM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a national performance management system to 
track the Nation’s progress toward broad national 
performance goals for the Nation’s highway and pub-
lic transportation systems. 
‘‘(2) COMPONENTS.—The National Performance 
Management System shall include the following com-
ponents: 
‘‘(A) A national performance management 
goal. 
‘‘(B) Core performance measures. 
‘‘(C) Technical guidance. 
‘‘(D) A State performance management 
process, including— 
‘‘(i) performance targets; 
‘‘(ii) strategies; and 
‘‘(iii) reporting requirements. 
‘‘(b) NATIONAL PERFORMANCE MANAGEMENT GOAL.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish, in broad qualitative terms, a national per-
formance management goal for the Nation’s highway 
and public transportation systems to ensure economic 
growth, safety improvement, and increased mobility. 
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‘‘(2) CONSISTENCY WITH NATIONAL STRATEGIC 
TRANSPORTATION
PLAN.—The 
national 
strategic 
transportation plan, to the greatest extent practicable, 
shall be consistent with the national performance 
management goal. 
‘‘(c) CORE PERFORMANCE MEASURES.— 
‘‘(1) ESTABLISHMENT.—Not later than 2 years 
after the date of enactment of this section, the Sec-
retary, in collaboration with the States, metropolitan 
planning organizations, and public transportation 
agencies through the process described in paragraph 
(4) shall establish core performance measures. 
‘‘(2) IMPLEMENTATION.—A State shall be re-
quired to implement the core performance measures as 
part of the State’s performance management process 
established in subsection (e). 
‘‘(3) CATEGORIES.—The core performance meas-
ures shall include not more than 2 measures from 
each of the following categories: 
‘‘(A) Pavement condition on the National 
Highway System. 
‘‘(B) Bridge condition on the National 
Highway System. 
‘‘(C) Highway and motor carrier safety. 
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‘‘(D) Highway safety infrastructure asset 
management. 
‘‘(E) Bike and pedestrian safety. 
‘‘(F) Highway congestion. 
‘‘(G) Air emissions and energy consump-
tion. 
‘‘(H) Freight mobility. 
‘‘(I) Public transportation state of good re-
pair. 
‘‘(J) Public transportation service avail-
ability. 
‘‘(K) Rural connectivity. 
‘‘(4) PROCESS.—The core performance measures 
shall be established under the following process: 
‘‘(A) At any time after the date of enact-
ment of this section, the State departments of 
transportation (in consultation with metropoli-
tan planning organizations and public transpor-
tation agencies), acting through their national 
organization, may jointly submit to the Sec-
retary a complete set of recommended core per-
formance measures for use in statewide transpor-
tation planning. 
‘‘(B) The Secretary shall give substantial 
weight to the recommendations submitted by the 
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State departments of transportation, if such rec-
ommendations are submitted not later than 18 
months after enactment of this section. 
‘‘(C) After consultation with the State de-
partments of transportation regarding the rec-
ommendations, the Secretary shall issue a notice 
in the Federal Register announcing the Sec-
retary’s proposed set of core performance meas-
ures and providing an opportunity for comment. 
‘‘(D) After considering any comments, the 
Secretary shall publish a notice in the Federal 
Register not later than 2 years after the date of 
enactment of this section announcing the final 
set of core performance measures. 
‘‘(d) TECHNICAL GUIDANCE.— 
‘‘(1) IN
GENERAL.—Not later than 6 months 
after the Secretary publishes the final set of core per-
formance measures in the Federal Register under sub-
section (c)(4)(D), the Secretary shall issue technical 
guidance, including a uniform methodology for col-
lecting data, for use by the States in applying the 
core performance measures. 
‘‘(2) DEVELOPMENT.—The Secretary shall— 
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‘‘(A) develop the technical guidance in col-
laboration with the State departments of trans-
portation; 
‘‘(B) give substantial weight to any rec-
ommendations submitted by the State depart-
ments of transportation through their national 
organization, if such recommendations are sub-
mitted not later than 3 months after the Sec-
retary publishes the final set of core performance 
measures in the Federal Register under sub-
section (c)(4)(D); and 
‘‘(C) provide a reasonable opportunity for 
State departments of transportation to comment 
on the technical guidance before it is issued. 
‘‘(e) STATE PERFORMANCE MANAGEMENT PROCESS.— 
‘‘(1) ESTABLISHMENT
OF
PERFORMANCE
TAR-
GETS.— 
‘‘(A) INITIAL TARGETS.—Not later than 1 
year after the Secretary publishes the final set of 
core performance measures in the Federal Reg-
ister under subsection (c)(4)(D), a State shall 
amend its statewide strategic long-range trans-
portation plan to include a target level of per-
formance for each of the core performance meas-
ures. 
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‘‘(B) REVISIONS
TO
TARGETS.—A State 
may revise its performance targets for the core 
performance measures at any time by amending 
its statewide strategic long-range transportation 
plan and resubmitting the plan to the Secretary. 
‘‘(2) REPORTING REQUIREMENTS.— 
‘‘(A) IN GENERAL.—In order to improve the 
outcomes of the transportation planning process, 
the States shall implement a national perform-
ance reporting process in accordance with sub-
paragraphs (B) and (C). 
‘‘(B) BASELINE REPORT.—Not later than 6 
months after adopting its initial performance 
targets for the core performance measures pursu-
ant to paragraph (1)(A), a State shall publish a 
baseline report including data from the most re-
cent year for which data is available for the full 
set of core performance measures. 
‘‘(C) ANNUAL
PROGRESS
REPORTS.—Not 
later than 18 months after publication of the 
baseline report, and annually thereafter, a State 
shall publish a report documenting the progress 
that the State has made in meeting its perform-
ance targets for the core performance measures.’’. 
(b) CONFORMING AMENDMENTS.— 
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(1) SUBTITLE ANALYSIS.—The analysis for sub-
title III of title 49, United States Code, is amended 
by inserting after the item relating to chapter 51 the 
following: 
‘‘52. Transportation Planning ........................................................... 5201’’. 
(2) 
METROPOLITAN
TRANSPORTATION
PLAN-
NING.— 
(A) TITLE
23.—Section 134 of title 23, 
United States Code, is amended to read as fol-
lows: 
‘‘§ 134. Metropolitan transportation planning 
‘‘Metropolitan transportation planning programs 
funded under section 104(f) shall be carried out in accord-
ance with the metropolitan planning provisions of section 
5203 of title 49.’’. 
(B) CHAPTER
OF
TITLE
49.—Section 
5303 of title 49, United States Code, is amended 
to read as follows: 
‘‘§ 5303. Metropolitan transportation planning 
‘‘Metropolitan transportation planning programs 
funded under section 5305 shall be carried out in accord-
ance with the metropolitan planning provisions of section 
5203.’’. 
(3) STATEWIDE TRANSPORTATION PLANNING.— 
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(A) TITLE
23.—Section 135 of title 23, 
United States Code, is amended to read as fol-
lows: 
‘‘§ 135. Statewide transportation planning 
‘‘Statewide transportation planning programs funded 
under sections 104(f) and 505 shall be carried out in ac-
cordance with the metropolitan planning provisions of sec-
tion 5204 of title 49.’’. 
(B) CHAPTER
OF
TITLE
49.—Section 
5304 of title 49, United States Code, is amended 
to read as follows: 
‘‘§ 5304. Statewide transportation planning 
‘‘Statewide transportation planning programs funded 
under section 5305 shall be carried out in accordance with 
the metropolitan planning provisions of section 5204.’’. 
SEC. 4002. SPECIAL RULES FOR SMALL METROPOLITAN 
PLANNING ORGANIZATIONS. 
(a) CONTINUATION
OF APPLICABILITY
OF SECTION 
134.—A metropolitan planning organization that serves an 
urbanized area with a population of more than 50,000 and 
less than 100,000 and that is subject to the provisions of 
section 134 of title 23, United States Code, and section 5303 
of title 49, United States Code (as in effect on the day before 
the date of enactment of this Act), shall continue to be des-
ignated as a metropolitan planning organization subject to 
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section 5203 of title 49, United States Code (as added by 
this title), unless the Governor and units of general purpose 
local government that together represent at least 75 percent 
of the affected population, including the largest incor-
porated city (based on population) as determined by the 
Bureau of the Census, agree to terminate the designation. 
(b) TREATMENT.—A metropolitan planning organiza-
tion described in paragraph (1) shall be treated, for pur-
poses of title 23, United States Code, and chapters 52 and 
53 of title 49, United States Code, the Transportation Eq-
uity Act for the 21st Century (Public Law 105–178), and 
SAFETEA–LU (Public Law 109–59) as a metropolitan 
planning organization that is subject to the provisions of 
section 5203 of title 49, United States Code (as added by 
this title). 
SEC. 4003. FINANCIAL PLANS. 
Not later than 90 days after the date of enactment of 
this Act, the Secretary shall issue revised regulations under 
sections 5203 and 5204 of title 49, United States Code (as 
added by this title), to clarify that— 
(1) a financial plan for a long-range transpor-
tation plan or transportation improvement program 
is required to be updated not more than once every 
4 years; 
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(2) an amendment to a long-range transpor-
tation plan or transportation improvement program 
does not require a review of the entire financial plan, 
but rather requires only a plan for covering any in-
cremental costs associated with the amendment; 
(3) project costs and revenue estimates used in 
developing a financial plan for a long-range plan 
should be based on long-term trends, and need not be 
adjusted to reflect short-term fluctuations; 
(4) the Department shall defer to the judgment 
of State and local governments regarding the mag-
nitude of potential State and local revenue streams, 
including the likelihood that State or local govern-
ments will approve tax increases, tolling, bonding, or 
other measures to increase revenues; and 
(5) the requirement for a financial plan does not 
give the Secretary the authority or responsibility to 
determine the adequacy of a State or metropolitan 
area’s funding levels for operation and maintenance 
of the transportation system. 
SEC. 4004. PLAN UPDATE. 
Not later than September 30, 2012, a State shall up-
date its statewide strategic long-range transportation plan 
to comply with the requirements of section 5205 of title 49, 
United States Code. 
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SEC. 4005. STATE PLANNING AND RESEARCH FUNDING FOR 
TITLE 23. 
Section 505 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(5) by inserting ‘‘intercity 
bus,’’ after ‘‘public transportation,’’; and 
(2) in subsection (b)(1) by inserting ‘‘intercity 
bus,’’ after ‘‘public transportation,’’. 
SEC. 4006. NATIONAL ACADEMY OF SCIENCES STUDY. 
(a) STUDY.—The Secretary shall enter into appro-
priate arrangements with the National Academy of Sciences 
to conduct a study on the implementation of section 5206 
of title 49, United States Code (as added by this title). 
(b) CONTENTS.—The study shall— 
(1) report on the timeliness of implementation, 
the quality and consistency of performance measure-
ment practices, the costs of compliance, and impact 
on the transportation planning process; 
(2) include recommendations for changes to im-
prove implementation; and 
(3) include recommendations for future additions 
or changes to the performance categories as described 
in this section. 
(c) 
CONSULTATION.—The 
National 
Academy 
of 
Sciences shall conduct the study required under this section 
in consultation with the Federal Highway Administration, 
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Federal Transit Administration, American Association of 
State Highway and Transportation Officials, American 
Public Transit Association, and Association of Metropoli-
tan Planning Organizations. 
(d) COMPLETION IN PHASES.— 
(1) IN
GENERAL.—The National Academy of 
Sciences shall complete the study in 2 phases, cor-
responding to the major stages of implementation of 
section 5206 of title 49, United States Code. 
(2) PHASE I.—Phase 1 of the study shall— 
(A) address implementation of performance 
measures; and 
(B) be completed not later than 3 years 
after the date of enactment of this Act. 
(3) PHASE II.—Phase 2 of the study shall— 
(A) address implementation of performance 
targets, as well as performance measures; and 
(B) be completed not later than 5 years 
after the date of enactment of this Act. 
SEC. 4007. CONGESTION RELIEF. 
The Secretary shall— 
(1) encourage States and metropolitan planning 
organizations to prioritize congestion relief projects in 
transportation improvement programs in order to im-
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prove the flow of commerce and the productivity of 
the Federal-aid system; and 
(2) provide technical assistance and educational 
materials to States to quantify the economic, environ-
mental, and quality-of-life damage caused by traffic 
congestion as well as identify multiple options for so-
lutions, including new roads and lanes, bottleneck re-
moval, congestion reducing and, if applicable, energy 
efficient intelligent transportation systems, and low- 
cost congestion relief projects. 
TITLE V—HIGHWAY SAFETY 
SEC. 5001. AMENDMENTS TO TITLE 23, 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 provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 23, United States Code. 
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Alternative Transportation Account): 
(1) HIGHWAY SAFETY PROGRAMS.—For carrying 
out section 402 of title 23, United States Code, 
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$493,312,000 for each of fiscal years 2013 through 
2016. 
(2) NATIONAL DRIVER REGISTER.—For the Na-
tional Highway Traffic Safety Administration to 
carry out chapter 303 of title 49, United States Code, 
$4,116,000 for each of fiscal years 2013 through 2016. 
(3) ADMINISTRATIVE EXPENSES.—For adminis-
trative and related operating expenses of the National 
Highway Traffic Safety Administration in carrying 
out chapter 4 of title 23, United States Code, and this 
title (including the amendments made by this title) 
$162,572,000 for each of fiscal years 2013 through 
2016. 
(b) PROHIBITION ON OTHER USES.—Except as other-
wise provided in chapter 4 of title 23, United States Code, 
and this title (including the amendments made by this 
title), the amounts made available from the Highway Trust 
Fund (other than the Alternative Transportation Account) 
for a program under that chapter shall be used only to 
carry out such program and may not be used by States 
or local governments for construction purposes. 
(c) APPLICABILITY OF CHAPTER 1.—Except as other-
wise provided in chapter 4 of title 23, United States Code, 
and this title (including the amendments made by this 
title), the amounts made available under subsection (a) for 
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491 
each of fiscal years 2013 through 2016 shall be available 
for obligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United States Code. 
SEC. 5003. HIGHWAY SAFETY PROGRAMS. 
(a) IN GENERAL.—Section 402(a) is amended to read 
as follows: 
‘‘(a) STATE HIGHWAY SAFETY PROGRAMS.— 
‘‘(1) IN
GENERAL.—Each State shall have a 
highway safety program that is subject to approval by 
the Secretary and is designed to reduce traffic crashes 
and the fatalities, injuries, and property damage re-
sulting therefrom. 
‘‘(2) UNIFORM GUIDELINES.—A State’s highway 
safety program under paragraph (1) shall be estab-
lished and carried out in accordance with uniform 
guidelines promulgated by the Secretary, which shall 
be expressed in terms of performance criteria and 
shall include programs— 
‘‘(A) to reduce injuries and fatalities result-
ing from motor vehicles being driven in excess of 
posted speed limits; 
‘‘(B) to encourage the proper use of occu-
pant protection devices (including the use of seat 
belts and child restraints) by occupants of motor 
vehicles; 
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‘‘(C) to reduce fatalities and injuries result-
ing from persons driving motor vehicles while 
impaired by alcohol or a controlled substance; 
‘‘(D) to prevent crashes and reduce fatalities 
and injuries resulting from crashes involving 
motor vehicles and motorcycles; 
‘‘(E) to reduce crashes resulting from unsafe 
driving behavior (including aggressive or fa-
tigued driving and distracted driving arising 
from the use of electronic devices in vehicles); 
‘‘(F) to improve law enforcement activities 
relating to motor vehicle crash prevention, traffic 
supervision, and postcrash procedures; 
‘‘(G) to improve the timeliness, accuracy, 
completeness, uniformity, and accessibility of the 
safety data of States that is needed— 
‘‘(i) for activities relating to perform-
ance targets established under subsection 
(m); 
‘‘(ii) to identify priorities for national, 
State, and local highway and traffic safety 
programs; and 
‘‘(iii) to improve the compatibility and 
interoperability of the data systems of each 
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State with national data systems and the 
data systems of other States; 
‘‘(H) to improve driver performance, in-
cluding through driver education, driver testing 
to determine proficiency to operate motor vehi-
cles, driver examinations (both physical and 
mental), and driver licensing; and 
‘‘(I) to improve pedestrian and bicycle safe-
ty. 
‘‘(3) RECORD SYSTEM.—The uniform guidelines 
promulgated under paragraph (2) shall include provi-
sions for an effective record system of— 
‘‘(A) traffic crashes, including injuries and 
fatalities resulting therefrom; 
‘‘(B) crash investigation activities carried 
out to determine the probable causes of crashes, 
injuries, and fatalities; 
‘‘(C) vehicle registration, operation, and in-
spection activities; 
‘‘(D) highway design and maintenance ac-
tivities, including lighting, markings, and sur-
face treatment activities; 
‘‘(E) traffic surveillance activities relating 
to the detection and correction of locations with 
a significant potential for crashes; and 
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‘‘(F) emergency services. 
‘‘(4) APPLICABILITY OF GUIDELINES.—The uni-
form guidelines applicable to State highway safety 
programs shall, to the extent determined appropriate 
by the Secretary, be applicable to federally adminis-
tered areas where a Federal department or agency 
controls the highways or supervises traffic oper-
ations.’’. 
(b) ADMINISTRATION OF STATE PROGRAMS.—Section 
402(b) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (D) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (E)— 
(i) in clause (i) by striking ‘‘national 
law enforcement mobilizations’’ and insert-
ing ‘‘any national traffic safety law enforce-
ment mobilizations coordinated by the Sec-
retary’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(F) demonstrate that the State has estab-
lished a highway safety data and traffic records 
coordinating committee with a multidisciplinary 
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membership that includes, among others, man-
agers, collectors, and users of traffic records and 
public health and injury control data systems; 
‘‘(G) demonstrate that the State has devel-
oped a multiyear highway safety data and traf-
fic records system strategic plan that— 
‘‘(i) addresses existing deficiencies in 
the State’s highway safety data and traffic 
records system; 
‘‘(ii) is approved by the State’s high-
way safety data and traffic records coordi-
nating committee; 
‘‘(iii) specifies how existing deficiencies 
in the State’s highway safety data and traf-
fic records system were identified; 
‘‘(iv) prioritizes, on the basis of the 
identified highway safety data and traffic 
records system deficiencies of the State, the 
highway safety data and traffic records sys-
tem needs and goals of the State; 
‘‘(v) identifies performance-based meas-
ures by which progress toward those goals 
will be determined; and 
‘‘(vi) specifies how funds apportioned 
to the State under subsection (c) and any 
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other funds of the State are to be used to 
address needs and goals identified in the 
multiyear plan; and 
‘‘(H) demonstrate that an assessment or 
audit of the State’s highway safety data and 
traffic records system was conducted or updated 
during the 5-year period ending on the date on 
which such State highway safety program is sub-
mitted to the Secretary for approval.’’; and 
(2) by striking paragraph (3). 
(c) APPORTIONMENT OF FUNDS.—Section 402(c) is 
amended to read as follows: 
‘‘(c) APPORTIONMENT OF FUNDS.— 
‘‘(1) IN
GENERAL.—Funds made available to 
carry out this section shall be used to aid States in 
conducting the highway safety programs approved 
under subsection (a). 
‘‘(2) APPORTIONMENT
FORMULA.—Funds de-
scribed in paragraph (1) shall be apportioned among 
the States each fiscal year in the following manner: 
‘‘(A) 62.5 percent in the ratio that the pop-
ulation of each State bears to the total popu-
lation of all States, as shown by the latest avail-
able Federal census. 
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‘‘(B) 20 percent in the ratio that the public 
road mileage in each State bears to the total 
public road mileage in all States. 
‘‘(C) 10 percent only to States that have en-
acted and are enforcing a primary safety belt 
use law, in the ratio that the population of each 
such State bears to the total population of all 
such States, as shown by the latest available Fed-
eral census. 
‘‘(D) 5 percent only to States that have en-
acted and are enforcing an ignition interlock 
law, in the ratio that the population of each such 
State bears to the total population of all such 
States, as shown by the latest available Federal 
census. 
‘‘(E) 2.5 percent only to States that have 
enacted and are enforcing a graduated drivers li-
censing law, in the ratio that the population of 
each such State bears to the total population of 
all such States, as shown by the latest available 
Federal census. 
‘‘(3) MINIMUM
APPORTIONMENT.—The annual 
apportionment under paragraph (2) to each State 
shall not be less than three-quarters of 1 percent of the 
total apportionment under that paragraph in the ap-
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498 
plicable fiscal year, except that the apportionment to 
the Secretary of the Interior shall not be less than 1.5 
percent of the total apportionment and the apportion-
ments to the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Is-
lands shall not be less than one-quarter of 1 percent 
of the total apportionment. 
‘‘(4) IMPLEMENTATION OF APPROVED HIGHWAY 
SAFETY PROGRAMS.— 
‘‘(A) REQUIREMENT FOR RECEIVING APPOR-
TIONMENTS.—The Secretary shall not apportion 
any funds under this section to any State that 
is not implementing a highway safety program 
approved by the Secretary under this section. 
‘‘(B) LIMITATIONS ON REQUIREMENTS RE-
LATING TO MOTORCYCLE SAFETY HELMETS.—A 
highway safety program approved by the Sec-
retary shall not include any requirement that a 
State implement such program by adopting or 
enforcing any law, rule, or regulation based on 
a guideline promulgated by the Secretary under 
this section that requires any motorcycle oper-
ator 18 years of age or older or passenger 18 
years of age or older to wear a safety helmet 
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when operating or riding a motorcycle on the 
streets and highways of that State. 
‘‘(C) COMPLIANCE WITH IMPLEMENTATION 
REQUIREMENTS.—Implementation of a highway 
safety program under this section shall not be 
construed to require the Secretary to require 
compliance with every uniform guideline pro-
mulgated under this section, or with every ele-
ment of every uniform guideline, in every State. 
‘‘(D) MINIMUM
REQUIREMENTS
FOR
IM-
PAIRED DRIVING HIGH RANGE STATES.—An im-
paired driving high range State shall expend in 
a fiscal year, on projects and activities address-
ing impaired driving, at least 30 percent of the 
funds apportioned to that State under para-
graph (2) for that fiscal year. 
‘‘(E) AUTOMATED
TRAFFIC
ENFORCEMENT 
SYSTEMS.— 
‘‘(i) PROHIBITION.—A State may not 
expend funds apportioned to that State 
under paragraph (2) to carry out any pro-
gram to purchase, operate, or maintain an 
automated traffic enforcement system. 
‘‘(ii) AUTOMATED TRAFFIC ENFORCE-
MENT SYSTEM DEFINED.—In this subpara-
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500 
graph, the term ‘automated traffic enforce-
ment system’ means automated technology 
that monitors compliance with traffic 
laws.’’. 
(d) MISCELLANEOUS.—Section 402 is amended— 
(1) in subsection (d) by striking ‘‘(d) All provi-
sions’’ and inserting ‘‘(d) APPLICABILITY OF CERTAIN 
PROVISIONS.—All provisions’’; 
(2) in subsection (e) by striking ‘‘(e) Uniform 
guidelines’’ and inserting ‘‘(e) COOPERATION.—Uni-
form guidelines’’; 
(3) in subsection (f) by striking ‘‘(f) The Sec-
retary’’ and inserting ‘‘(f) DEPARTMENT AND AGENCY 
PARTICIPATION.—The Secretary’’; 
(4) in subsection (g)— 
(A) by striking ‘‘(g) Nothing in’’ and insert-
ing ‘‘(g) LIMITATION ON FUNDS.—Nothing in’’; 
(B) by striking ‘‘for (1) highway construc-
tion’’ and inserting ‘‘for highway construction’’; 
and 
(C) by striking ‘‘guidelines) or’’ and all that 
follows before the period at the end and inserting 
‘‘guidelines) or for any purpose for which funds 
are authorized under section 403(a)’’; 
(5) by striking subsection (k); and 
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(6) by redesignating subsections (l) and (m) as 
subsections (k) and (l), respectively. 
(e) 
HIGHWAY
SAFETY
PERFORMANCE
MANAGE-
MENT.—Section 402 (as amended by this Act) is further 
amended by adding at the end the following: 
‘‘(m) ESTABLISHMENT OF PERFORMANCE TARGETS.— 
‘‘(1) IN GENERAL.—The Governor of each State 
shall establish quantifiable performance targets for 
their State— 
‘‘(A) to be incorporated into the highway 
safety plan of the State under subsection (n) 
each year; and 
‘‘(B) with respect to, at a minimum— 
‘‘(i) the average number of fatalities in 
the State resulting from traffic crashes per 
100,000,000 vehicle miles traveled; 
‘‘(ii) the average number of serious in-
juries in the State resulting from traffic 
crashes per 100,000,000 vehicle miles trav-
eled; 
‘‘(iii) the average number of traffic fa-
talities in the State involving drivers or 
motorcycle operators with a blood alcohol 
content of .08 or above per 100,000,000 ve-
hicle miles traveled; 
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‘‘(iv) the average number of traffic 
crashes in the State involving drivers or 
motorcycle operators with a blood alcohol 
content of .08 or above per 100,000,000 ve-
hicle miles traveled; 
‘‘(v) the average number of unre-
strained motor vehicle occupant fatalities, 
for all seat positions, in the State resulting 
from traffic crashes per 100,000,000 vehicle 
miles traveled; and 
‘‘(vi) the average number of motorcy-
clist fatalities in the State resulting from 
traffic crashes per 100,000,000 vehicle miles 
traveled. 
‘‘(2) CONSIDERATIONS
IN
ESTABLISHING
PER-
FORMANCE
TARGETS.—In establishing performance 
targets for a State under this subsection, a Governor 
shall consider, at a minimum— 
‘‘(A) the number of fatalities in the State 
resulting from traffic crashes during the pre-
ceding 3 years; 
‘‘(B) the number of serious injuries in the 
State resulting from traffic crashes during the 
preceding 3 years; 
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‘‘(C) the extent to which vehicle miles trav-
eled in the State may impact the number of fa-
talities and serious injuries in the State result-
ing from traffic crashes; and 
‘‘(D) data available from the Fatality Anal-
ysis Reporting System of the National Highway 
Traffic Safety Administration. 
‘‘(n) HIGHWAY SAFETY PLAN AND REPORTING RE-
QUIREMENTS.— 
‘‘(1) IN GENERAL.—With respect to fiscal year 
2014, and each fiscal year thereafter, the Secretary 
shall require the Governor of each State, as a condi-
tion of the approval of the State’s highway safety pro-
gram for that fiscal year, to develop and submit to 
the Secretary for approval a highway safety plan ap-
plicable to that fiscal year in accordance with this 
subsection. The plan required under this paragraph 
may be incorporated into any other document re-
quired to be submitted under this section. 
‘‘(2) TIMING.—Each Governor shall submit to 
the Secretary the highway safety plan of their State 
not later than September 1 of the fiscal year pre-
ceding the fiscal year to which the plan applies. 
‘‘(3) CONTENTS.—A State’s highway safety plan 
shall include, at a minimum— 
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‘‘(A) current data with respect to each per-
formance target established for the State under 
subsection (m); 
‘‘(B) for the fiscal year preceding the fiscal 
year to which the plan applies, a description of 
the State’s performance regarding each perform-
ance target category described in subsection 
(m)(1)(B); 
‘‘(C) for the fiscal year preceding the fiscal 
year to which the plan applies, a description of 
the projects and activities for which the State ob-
ligated funding apportioned to the State under 
this section; 
‘‘(D) for the fiscal year to which the plan 
applies, the State’s strategy for using funds ap-
portioned to the State under this section for 
projects and activities that will allow the State 
to meet the performance targets established for 
the State under subsection (m); 
‘‘(E) data and data analysis supporting the 
effectiveness of projects and activities proposed in 
the strategy under subparagraph (D); 
‘‘(F) a description of any Federal, State, 
local, or private funds that the State plans to 
use, in addition to funds apportioned to the 
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State under this section, to carry out the State’s 
strategy under subparagraph (D); and 
‘‘(G) a certification that the State will 
maintain its aggregate expenditures for highway 
safety activities, from sources other than funds 
apportioned to the State under this section, at or 
above the average level of such expenditures in 
the 2 fiscal years preceding the date of enactment 
of this subsection. 
‘‘(4) REVIEW OF HIGHWAY SAFETY PLANS.— 
‘‘(A) IN GENERAL.—Not later than 60 days 
after the date on which the Secretary receives a 
State’s highway safety plan, the Secretary shall 
approve or disapprove the plan. 
‘‘(B) APPROVALS AND DISAPPROVALS.—The 
Secretary shall approve or disapprove a State’s 
highway safety plan based on a review of the 
plan, including an evaluation of whether, in the 
Secretary’s judgment, the plan is evidence-based, 
is supported by data and analysis, and, if im-
plemented, will allow the State to meet the per-
formance targets established for the State under 
subsection (m). The Secretary shall disapprove a 
State’s highway safety plan if the plan does not, 
in the Secretary’s judgment, provide for the evi-
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denced-based use of funding in a manner suffi-
cient to allow the State to meet performance tar-
gets. 
‘‘(C) ACTIONS UPON DISAPPROVAL.—If the 
Secretary disapproves a State’s highway safety 
plan, the Secretary shall inform the Governor of 
the State of the reasons for the disapproval and 
require the Governor to resubmit the plan with 
such modifications as the Secretary determines 
necessary. 
‘‘(D) REVIEW OF RESUBMITTED PLANS.—If 
the Secretary requires a Governor to resubmit a 
highway safety plan with modifications, the Sec-
retary shall approve or disapprove the modified 
plan not later than 30 days after the date on 
which the modified plan is submitted to the Sec-
retary. 
‘‘(E) FUNDING
ALLOCATIONS.—If a State 
failed to accomplish, as determined by the Sec-
retary, a performance target established for that 
State under subsection (m) in the fiscal year 
preceding the fiscal year to which a State high-
way safety plan under review applies, the Sec-
retary shall require the following to be included 
in the highway safety plan under review: 
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‘‘(i) If the State failed to accomplish a 
performance target established under sub-
section (m)(1)(B)(iii) or (m)(1)(B)(iv), a 
certification that the State will expend 
funds apportioned to the State under this 
section, during the fiscal year to which the 
plan applies, for projects and activities ad-
dressing impaired driving in an amount 
that is at least 5 percent more than the 
amount expended on such projects and ac-
tivities in the preceding fiscal year using 
such funds. 
‘‘(ii) If the State failed to accomplish 
a performance target established under sub-
section (m)(1)(B)(v), a certification that the 
State will expend funds apportioned to the 
State under this section, during the fiscal 
year to which the plan applies, for projects 
and activities addressing occupant protec-
tion in an amount that is at least 5 percent 
more than the amount expended on such 
projects and activities in the preceding fis-
cal year using such funds. 
‘‘(iii) If the State failed to accomplish 
a performance target established under sub-
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section (m)(1)(B)(vi), a certification that 
the State will expend funds apportioned to 
the State under this section, during the fis-
cal year to which the plan applies, for 
projects and activities addressing motor-
cycle safety in an amount that is at least 
5 percent more than the amount expended 
on such projects and activities in the pre-
ceding fiscal year using such funds. 
‘‘(F) DATA.— 
‘‘(i) 
FATALITIES
DATA.—A 
State’s 
compliance with performance targets relat-
ing to fatalities shall be determined using 
the most recent data from the Fatality 
Analysis Reporting System of the National 
Highway Traffic Safety Administration. 
‘‘(ii) CRASH DATA.—A State’s compli-
ance with performance targets relating to 
serious injuries shall be determined using 
State crash data files. 
‘‘(G) PUBLIC NOTICE.—A State shall make 
each highway safety plan of the State available 
to the public. 
‘‘(o) ANNUAL REPORT TO CONGRESS.—Not later than 
October 1, 2015, and annually thereafter, the Secretary 
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shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report containing— 
‘‘(1) an evaluation of each State’s performance 
with respect to the State’s highway safety plan under 
subsection (n) and performance targets under sub-
section (m); and 
‘‘(2) such recommendations as the Secretary may 
have for improvements to activities carried out under 
subsections (m) and (n). 
‘‘(p) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) CHILD
RESTRAINT.—The term ‘child re-
straint’ means any product designed to provide re-
straint to a child in a motor vehicle (including boost-
er seats and other products used with a lap and 
shoulder belt assembly) that meets applicable Federal 
motor vehicle safety standards prescribed by the Na-
tional Highway Traffic Safety Administration. 
‘‘(2) CONTROLLED SUBSTANCE.—The term ‘con-
trolled substance’ has the meaning given that term in 
section 102 of the Controlled Substances Act (21 
U.S.C. 802). 
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‘‘(3) DRIVING
WHILE
INTOXICATED; DRIVING 
UNDER THE INFLUENCE.—The terms ‘driving while 
intoxicated’ and ‘driving under the influence’ have the 
meaning given those terms in section 164. 
‘‘(4) GRADUATED
DRIVERS
LICENSING
LAW.— 
The term ‘graduated drivers licensing law’ means a 
law enacted by a State that requires, before the grant-
ing of an unrestricted driver’s license to individuals 
under the age of 21 years, a 2-stage licensing process 
that includes the following: 
‘‘(A) A learner’s permit stage that— 
‘‘(i) allows for the acquisition of a 
learner’s permit by an individual not ear-
lier than the date on which that individual 
attains 15 years and 6 months of age; 
‘‘(ii) is at least 6 months in duration; 
‘‘(iii) requires an individual with a 
learner’s permit to complete at least 30 
hours of driving supervised by a licensed 
driver who is 21 years of age or older; 
‘‘(iv) requires an individual with a 
learner’s permit to be accompanied and su-
pervised by a licensed driver who is 21 
years of age or older at all times when oper-
ating a motor vehicle; and 
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‘‘(v) is in effect until the commence-
ment of the intermediate stage or until the 
date on which the applicable individual at-
tains 18 years of age. 
‘‘(B) An intermediate stage that— 
‘‘(i) applies to an individual imme-
diately after the expiration of the learner’s 
permit stage for that individual; 
‘‘(ii) is at least 6 months in duration; 
‘‘(iii) prohibits the operation of a 
motor vehicle by an individual to whom the 
stage applies, if that individual is trans-
porting more than one nonfamilial pas-
senger under the age of 18 years and there 
is no licensed driver 21 years of age or older 
present in the motor vehicle; and 
‘‘(iv) prohibits an individual to whom 
the stage applies from operating a motor ve-
hicle between the hours of midnight and 4 
a.m., unless such individual is accompanied 
and supervised by a licensed driver who is 
21 years of age or older. 
‘‘(5) IMPAIRED DRIVING HIGH RANGE STATE.— 
The term ‘impaired driving high range State’ means 
a State that averaged more than .50 alcohol impaired 
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512 
driving fatalities per 100,000,000 vehicle miles trav-
eled, as determined using data from the Fatality 
Analysis Reporting System of the National Highway 
Traffic Safety Administration, for the most recent 3 
years for which data are available. 
‘‘(6) IGNITION
INTERLOCK
DEVICE.—The term 
‘ignition interlock device’ means an in-vehicle device 
that requires a driver to provide a breath sample 
prior to a motor vehicle starting and that prevents a 
motor vehicle from starting if the blood alcohol con-
tent of the driver is above the legal limit. 
‘‘(7) IGNITION INTERLOCK LAW.—The term ‘igni-
tion interlock law’ means a law enacted by a State 
that requires throughout the State the installation of 
an ignition interlock device, for a minimum of 6 
months, on each motor vehicle operated by an indi-
vidual who is convicted of driving while intoxicated 
or driving under the influence. 
‘‘(8) MOTOR VEHICLE.—The term ‘motor vehicle’ 
has the meaning given that term in section 157. 
‘‘(9) MOTORCYCLIST
SAFETY
TRAINING.—The 
term ‘motorcyclist safety training’ means a formal 
program of instruction that is approved for use in a 
State by the designated State authority having juris-
diction over motorcyclist safety issues, which may in-
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clude a State motorcycle safety administrator or a 
motorcycle advisory council appointed by the Gov-
ernor of the State. 
‘‘(10) PRIMARY
SAFETY
BELT
USE
LAW.—The 
term ‘primary safety belt use law’ means a law en-
acted by a State that— 
‘‘(A) requires all occupants in the front seat 
of a motor vehicle to utilize a seat belt when the 
motor vehicle is being driven; and 
‘‘(B) allows for a law enforcement officer to 
stop a vehicle solely for the purpose of issuing a 
citation for a violation of the requirement in 
subparagraph (A) in the absence of evidence of 
another offense. 
‘‘(11) PROJECTS
AND
ACTIVITIES
ADDRESSING 
IMPAIRED DRIVING.—The term ‘projects and activities 
addressing impaired driving’ means projects and ac-
tivities— 
‘‘(A) to develop and implement law enforce-
ment measures and tools designed to reduce im-
paired driving, including training, education, 
equipment, and other methods of support for law 
enforcement and criminal justice professionals; 
‘‘(B) to improve impaired driving prosecu-
tion and adjudication, including the establish-
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ment of courts that specialize in impaired driv-
ing cases; 
‘‘(C) to carry out safety campaigns relating 
to impaired driving using paid media; 
‘‘(D) to provide inpatient and outpatient 
alcohol rehabilitation based on mandatory as-
sessment and appropriate treatment; 
‘‘(E) to establish and improve information 
systems containing data on impaired driving; or 
‘‘(F) to establish and implement an ignition 
interlock system for individuals convicted of 
driving while intoxicated or driving under the 
influence. 
‘‘(12) PROJECTS
AND
ACTIVITIES
ADDRESSING 
MOTORCYCLE SAFETY.—The term ‘projects and activi-
ties addressing motorcycle safety’ means projects and 
activities— 
‘‘(A) to improve the content and delivery of 
motorcyclist safety training curricula; 
‘‘(B) to support licensing, training, and 
safety education for motorcyclists, including new 
entrants; 
‘‘(C) to enhance motorcycle safety through 
public service announcements, including safety 
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messages on road sharing, outreach, and public 
awareness activities; or 
‘‘(D) to provide for the safety of motorcy-
clists through the promotion of appropriate pro-
tective equipment. 
‘‘(13) PROJECTS
AND
ACTIVITIES
ADDRESSING 
OCCUPANT PROTECTION.—The term ‘projects and ac-
tivities 
addressing 
occupant 
protection’ 
means 
projects and activities— 
‘‘(A) to provide for occupant protection 
training, education, equipment, and other meth-
ods of support for law enforcement and criminal 
justice professionals; 
‘‘(B) to carry out safety campaigns relating 
to occupant protection using paid media; 
‘‘(C) to establish and improve information 
systems containing data on occupant protection; 
‘‘(D) to provide for training of firefighters, 
law enforcement officers, emergency medical serv-
ices professionals, and others on the provision of 
community child passenger safety services; or 
‘‘(E) to purchase child restraints for low-in-
come families. 
‘‘(14) PUBLIC
ROAD.—The term ‘public road’ 
means any road under the jurisdiction of and main-
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tained by a public authority and open to public trav-
el. 
‘‘(15) PUBLIC ROAD MILEAGE.—The term ‘public 
road mileage’ means the number of public road miles 
in a State as— 
‘‘(A) determined at the end of the calendar 
year preceding the year in which applicable 
funds are apportioned; and 
‘‘(B) certified by the Governor of the State, 
subject to approval by the Secretary. 
‘‘(16) SEAT BELT.—The term ‘seat belt’ has the 
meaning given that term in section 157.’’. 
SEC. 5004. USE OF CERTAIN FUNDS MADE AVAILABLE FOR 
ADMINISTRATIVE EXPENSES. 
(a) IN GENERAL.—Section 403 is amended to read as 
follows: 
‘‘§ 403. Use of certain funds made available for ad-
ministrative expenses 
‘‘(a) HIGHWAY SAFETY RESEARCH
AND DEVELOP-
MENT.—The Secretary is authorized to carry out, using 
funds made available out of the Highway Trust Fund (other 
than the Alternative Transportation Account) under section 
5002(a)(3) of the American Energy and Infrastructure Jobs 
Act of 2012— 
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‘‘(1) ongoing research into driver behavior and 
its effect on traffic safety; 
‘‘(2) research on, initiatives to counter, and dem-
onstration projects on fatigued driving by drivers of 
motor vehicles and distracted driving in such vehicles, 
including the effect that the use of electronic devices 
and other factors determined relevant by the Sec-
retary have on driving; 
‘‘(3) training or education programs in coopera-
tion with other Federal departments and agencies, 
States, private sector persons, highway safety per-
sonnel, and law enforcement personnel; 
‘‘(4) research on and evaluations of the effective-
ness of traffic safety countermeasures, including seat 
belts and impaired driving initiatives; 
‘‘(5) research on, evaluations of, and identifica-
tion of best practices related to driver education pro-
grams (including driver education curricula, instruc-
tor training and certification, program administra-
tion, and delivery mechanisms) and make rec-
ommendations for harmonizing driver education and 
multistage graduated licensing systems; 
‘‘(6) research, training, and education programs 
related to older drivers; 
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‘‘(7) highway safety demonstration projects re-
lated to driver behavior, including field operational 
tests for vehicle collision avoidance systems, vehicle 
voice interface systems, vehicle workload management 
systems, driver state monitoring systems, and autono-
mous vehicles; and 
‘‘(8) research, training, and programs relating to 
motorcycle safety, including impaired driving. 
‘‘(b) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Administrator of the 
National Highway Traffic Safety Administration 
shall establish and administer, using funds made 
available out of the Highway Trust Fund (other than 
the Alternative Transportation Account) under sec-
tion 5002(a)(3) of the American Energy and Infra-
structure Jobs Act of 2012, a program under which 
at least 2 high-visibility traffic safety law enforce-
ment campaigns will be carried out for the purpose 
specified in paragraph (2) in each of fiscal years 
2013 through 2016. 
‘‘(2) PURPOSE.—The purpose of each law en-
forcement campaign under this subsection shall be to 
achieve one or more of the following objectives: 
‘‘(A) Reduce alcohol-impaired or drug-im-
paired operation of motor vehicles. 
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‘‘(B) Increase the use of seat belts by occu-
pants of motor vehicles. 
‘‘(C) Reduce distracted driving of motor ve-
hicles. 
‘‘(3) ADVERTISING.—The Administrator may 
use, or authorize the use of, funds made available to 
carry out this subsection to pay for the development, 
production, and use of broadcast and print media ad-
vertising in carrying out law enforcement campaigns 
under this subsection. Consideration shall be given to 
advertising directed at non-English speaking popu-
lations, including those who listen to, read, or watch 
nontraditional media. 
‘‘(4) COORDINATION WITH STATES.—The Admin-
istrator shall coordinate with States in carrying out 
law enforcement campaigns under this subsection, in-
cluding advertising funded under paragraph (3), with 
a view toward— 
‘‘(A) relying on States to provide the law 
enforcement resources for the campaigns out of 
funding available under this subsection and sec-
tion 402; and 
‘‘(B) providing out of National Highway 
Traffic Safety Administration resources most of 
the means necessary for national advertising and 
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education efforts associated with the law enforce-
ment campaigns. 
‘‘(5) ANNUAL EVALUATION.—The Secretary shall 
conduct an annual evaluation of the effectiveness of 
campaigns carried out under this subsection. 
‘‘(6) STATE DEFINED.—In this subsection, the 
term ‘State’ has the meaning given that term in sec-
tion 401. 
‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 
ensure that at least $137,244,000 of the funds made avail-
able out of the Highway Trust Fund (other than the Alter-
native Transportation Account) under section 5002(a)(3) of 
the American Energy and Infrastructure Jobs Act of 2012 
each fiscal year are used for programs and activities au-
thorized under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
4 is amended by striking the item relating to section 403 
and inserting the following: 
‘‘403. Use of certain funds made available for administrative expenses.’’. 
SEC. 5005. REPEAL OF PROGRAMS. 
(a) GENERAL PROVISION.—A repeal made by this sec-
tion shall not affect funds apportioned or allocated before 
the effective date of the repeal. 
(b) OCCUPANT PROTECTION INCENTIVE GRANTS.— 
Section 405, and the item relating to that section in the 
analysis for chapter 4, are repealed. 
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(c) SAFETY BELT PERFORMANCE GRANTS.—Section 
406, and the item relating to that section in the analysis 
for chapter 4, are repealed. 
(d) INNOVATIVE PROJECT GRANTS.—Section 407, and 
the item relating to that section in the analysis for chapter 
4, are repealed. 
(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM IM-
PROVEMENTS.—Section 408, and the item relating to that 
section in the analysis for chapter 4, are repealed. 
(f) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES.—Section 410, and the item relating to that sec-
tion in the analysis for chapter 4, are repealed. 
(g) STATE HIGHWAY SAFETY DATA IMPROVEMENTS.— 
Section 411, and the item relating to that section in the 
analysis for chapter 4, are repealed. 
(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.—Sec-
tion 2009 of SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
1535), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
(i) 
MOTORCYCLIST
SAFETY.—Section 
2010 
of 
SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1535), and 
the item relating to that section in the table of contents con-
tained in section 1(b) of that Act, are repealed. 
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(j) CHILD SAFETY AND CHILD BOOSTER SEAT INCEN-
TIVE GRANTS.—Section 2011 of SAFETEA–LU (23 U.S.C. 
405 note; 119 Stat. 1538), and the item relating to that 
section in the table of contents contained in section 1(b) 
of that Act, are repealed. 
(k) DRUG-IMPAIRED DRIVING ENFORCEMENT.—Sec-
tion 2013 of SAFETEA–LU (23 U.S.C. 403 note; 119 Stat. 
1539), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
(l) FIRST RESPONDER VEHICLE SAFETY PROGRAM.— 
Section 2014 of SAFETEA–LU (23 U.S.C. 402 note; 119 
Stat. 1540), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, are 
repealed. 
(m) RURAL STATE EMERGENCY MEDICAL SERVICES 
OPTIMIZATION
PILOT
PROGRAM.—Section 
2016 
of 
SAFETEA–LU (119 Stat. 1541), and the item relating to 
that section in the table of contents contained in section 
1(b) of that Act, are repealed. 
(n) OLDER DRIVER SAFETY; LAW ENFORCEMENT 
TRAINING.—Section 2017 of SAFETEA–LU (119 Stat. 
1541), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
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SEC. 5006. DISCOVERY AND ADMISSION AS EVIDENCE OF 
CERTAIN REPORTS AND SURVEYS. 
Section 409 is amended by striking ‘‘and 148’’ and 
inserting ‘‘148, and 402’’. 
SEC. 5007. PROHIBITION ON FUNDS TO CHECK HELMET 
USAGE OR CREATE CHECKPOINTS FOR A MO-
TORCYCLE DRIVER OR PASSENGER. 
The Secretary may not provide a grant or otherwise 
make available funding to a State, Indian tribe, county, 
municipality, or other local government to be used for any 
program to check helmet usage or create checkpoints for a 
motorcycle driver or passenger. 
SEC. 5008. NATIONAL DRIVER REGISTER. 
(a) ACCURACY OF INFORMATION.—Not later than Oc-
tober 1, 2013, to ensure the accuracy of information con-
tained in the National Driver Register established under 
section 30302 of title 49, United States Code, the Secretary, 
in cooperation with the States, shall— 
(1) establish and implement procedures to— 
(A) ensure that participating States submit 
reports required under section 30304(a) of such 
title with respect to a conviction not later than 
31 days after receiving notice of the conviction, 
as required under section 30304(c)(2) of such 
title; and 
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(B) verify and improve the accuracy of re-
ports submitted for inclusion in the Register 
under section 30304 of such title; and 
(2) establish and implement a process for— 
(A) the removal or modification of an in-
valid or duplicative driver record contained in 
the Register; and 
(B) the verification of a request for the re-
moval or modification of an invalid or duplica-
tive driver record contained in the Register. 
(b) REPORT TO CONGRESS.—Not later than February 
1, 2013, and every February 1 thereafter, the Secretary 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report describing— 
(1) the timeliness and completeness of State sub-
missions under section 30304 of title 49, United 
States Code; 
(2) the Department’s efforts to monitor and en-
sure compliance with the reporting requirements 
under such section; and 
(3) recommendations for improving the National 
Driver Register established under section 30302 of 
title 49, United States Code, including the accuracy 
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of information contained in the Register, and the 
Problem Driver Pointer System of the American Asso-
ciation of Motor Vehicle Administrators. 
TITLE VI—COMMERCIAL MOTOR 
VEHICLE SAFETY 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘Motor Carrier Safety, 
Efficiency, and Accountability Act of 2012’’. 
SEC. 6002. AMENDMENTS 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 provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
Subtitle A—Authorization of 
Appropriations 
SEC. 6101. MOTOR CARRIER SAFETY GRANTS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
31104(a) is amended to read as follows: 
‘‘(a) IN GENERAL.—Subject to subsection (f), there is 
authorized to be appropriated from the Highway Trust 
Fund (other than the Alternative Transportation Account) 
to carry out section 31102 $247,000,000 for each of fiscal 
years 2013 through 2016.’’. 
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(b) ADMINISTRATIVE TAKEDOWN.— 
(1) IN GENERAL.—Section 31104(e) is amended 
to read as follows: 
‘‘(e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year (or as soon after that date as practicable), the 
Secretary may deduct, from amounts made available 
under subsection (a) for that fiscal year, not more 
than 1.25 percent of those amounts for administrative 
expenses incurred in carrying out section 31102 in 
that fiscal year. 
‘‘(2) TRAINING.—The Secretary shall use at least 
75 percent of the amounts deducted under paragraph 
(1) to train non-Government employees and to de-
velop related training materials in carrying out sec-
tion 31102.’’. 
(2) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Secretary shall submit to Congress a 
report detailing the use of amounts deducted under 
section 31104(e) of title 49, United States Code, as 
amended by paragraph (1) of this subsection. 
(c) ALLOCATION
CRITERIA.—Section 31104(f) is 
amended to read as follows: 
‘‘(f) ALLOCATION CRITERIA.— 
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‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year (or as soon after that date as practicable) and 
after making the deduction under subsection (e), the 
Secretary shall allocate amounts made available to 
carry out section 31102 for such fiscal year among 
the States that are eligible for grant funds under sec-
tion 31102(f)(2). 
‘‘(2) 
ALLOCATION
FORMULA.—The 
amounts 
made available to carry out section 31102 shall be al-
located among the States in the following manner: 
‘‘(A) 20 percent in the ratio that— 
‘‘(i) the total public road mileage in 
each State; bears to 
‘‘(ii) the total public road mileage in 
all States. 
‘‘(B) 20 percent in the ratio that— 
‘‘(i) the total vehicle miles traveled in 
each State; bears to 
‘‘(ii) the total vehicle miles traveled in 
all States. 
‘‘(C) 20 percent in the ratio that— 
‘‘(i) the total population of each State 
(as shown in the annual census estimates 
issued by the Bureau of the Census); bears 
to 
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‘‘(ii) the total population of all States 
(as shown in the annual census estimates 
issued by the Bureau of the Census). 
‘‘(D) 20 percent in the ratio that— 
‘‘(i) the total special fuel consumption 
(net after reciprocity adjustment) in each 
State (as determined by the Secretary); 
bears to 
‘‘(ii) the total special fuel consumption 
(net after reciprocity adjustment) in all 
States (as determined by the Secretary). 
‘‘(E) 10 percent only to those States that 
share a land border with another country and 
conduct border commercial motor vehicle safety 
programs and related activities (in this subpara-
graph referred to as a ‘border State’), with— 
‘‘(i) 70 percent of such amount to be 
allocated among border States in the ratio 
that— 
‘‘(I) the total number of inter-
national commercial motor vehicle in-
spections conducted within the bound-
aries of each border State (as deter-
mined by the Secretary); bears to 
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‘‘(II) the total number of inter-
national commercial motor vehicle in-
spections conducted within the bound-
aries of all border States (as deter-
mined by the Secretary); and 
‘‘(ii) 30 percent of such amount to be 
allocated among border States in the ratio 
that— 
‘‘(I) the total number of land bor-
der crossing locations with State-main-
tained commercial motor vehicle safety 
enforcement infrastructure within the 
boundaries of each border State (as de-
termined by the Secretary); bears to 
‘‘(II) the total number of land 
border crossing locations with State- 
maintained commercial motor vehicle 
safety enforcement infrastructure with-
in the boundaries of all border States 
(as determined by the Secretary). 
‘‘(F) 10 percent only to those States that re-
duce the rate of large truck-involved fatal acci-
dents in the State for the most recent calendar 
year for which data are available when com-
pared to the average rate of large truck-involved 
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fatal accidents in the State for the 10-year pe-
riod ending on the last day preceding that cal-
endar year (in this subparagraph referred to as 
an ‘eligible State’), with— 
‘‘(i) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total public road mileage 
in each eligible State; bears to 
‘‘(II) the total public road mileage 
in all eligible States; 
‘‘(ii) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total vehicle miles trav-
eled in each eligible State; bears to 
‘‘(II) the total vehicle miles trav-
eled in all eligible States; 
‘‘(iii) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total population of each 
eligible State (as shown in the annual 
census estimates issued by the Bureau 
of the Census); bears to 
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‘‘(II) the total population of all el-
igible States (as shown in the annual 
census estimates issued by the Bureau 
of the Census); and 
‘‘(iv) 25 percent of such amount to be 
allocated among eligible States in the ratio 
that— 
‘‘(I) the total special fuel con-
sumption (net after reciprocity adjust-
ment) in each eligible State (as deter-
mined by the Secretary); bears to 
‘‘(II) the total special fuel con-
sumption (net after reciprocity adjust-
ment) in all eligible States (as deter-
mined by the Secretary). 
‘‘(3) MAXIMUM AND MINIMUM ALLOCATIONS.— 
‘‘(A) MAXIMUM
ALLOCATION.—The alloca-
tion under subparagraphs (A) through (D) of 
paragraph (2) for a fiscal year to each State (ex-
cluding the Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands) shall 
be not greater than 4.944 percent of the total al-
location under those subparagraphs in that fiscal 
year. 
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‘‘(B) MINIMUM
ALLOCATION.—The alloca-
tion under paragraph (2) for a fiscal year to 
each State (excluding the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana 
Islands) shall be not less than 0.44 percent of the 
total allocation under that paragraph in that fis-
cal year. 
‘‘(C) ALLOCATION
TO
TERRITORIES.—The 
annual allocation to each of the Virgin Islands, 
American Samoa, Guam, and the Northern Mar-
iana Islands shall be $350,000.’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 31104(i) is 
amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated from the High-
way Trust Fund (other than the Alternative Trans-
portation Account) for the Secretary of Transpor-
tation to pay administrative expenses of the Federal 
Motor Carrier Safety Administration $244,144,000 
for each of fiscal years 2013 through 2016.’’; and 
(2) by adding at the end the following: 
‘‘(3) OUTREACH AND EDUCATION.— 
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‘‘(A) IN
GENERAL.—Using the funds au-
thorized by this subsection, the Secretary shall 
conduct an outreach and education program to 
be administered by the Administrator of the Fed-
eral Motor Carrier Safety Administration in co-
operation with the Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(B) PROGRAM ELEMENTS.—The program 
shall include, at a minimum, the following: 
‘‘(i) A program to promote a more 
comprehensive and national effort to edu-
cate commercial motor vehicle operators and 
passenger vehicle drivers about how such op-
erators and drivers can more safely share 
the road with each other. 
‘‘(ii) A program to promote enhanced 
traffic enforcement efforts aimed at reducing 
the incidence of the most common unsafe 
driving behaviors that cause or contribute to 
crashes involving commercial motor vehicles 
and passenger vehicles. 
‘‘(iii) A program to establish a public- 
private partnership to provide resources 
and expertise for the development and dis-
semination of information relating to shar-
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534 
ing the road referred to in clauses (i) and 
(ii) to each partner’s constituents and to the 
general public through the use of brochures, 
videos, paid and public advertisements, the 
Internet, and other media.’’. 
SEC. 6102. GRANT PROGRAMS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated from the Highway Trust 
Fund (other than the Alternative Transportation Account) 
the following sums for the following Federal Motor Carrier 
Safety Administration programs: 
(1) COMMERCIAL
DRIVER’S
LICENSE
PROGRAM 
IMPLEMENTATION GRANTS.—For commercial driver’s 
license program implementation grants under section 
31313 of title 49, United States Code, $30,000,000 for 
each of fiscal years 2013 through 2016. 
(2) COMMERCIAL
VEHICLE
INFORMATION
SYS-
TEMS AND NETWORKS DEPLOYMENT.—For carrying 
out the commercial vehicle information systems and 
networks deployment program under section 4126 of 
SAFETEA–LU (119 Stat. 1738) $30,000,000 for each 
of fiscal years 2013 through 2016. 
(b) PERIOD OF AVAILABILITY.—The amounts made 
available under this section shall remain available until ex-
pended. 
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(c) INITIAL DATE OF AVAILABILITY.—Amounts au-
thorized to be appropriated from the Highway Trust Fund 
(other than the Alternative Transportation Account) by this 
section shall be available for obligation on the date of their 
apportionment or allocation or on October 1 of the fiscal 
year for which they are authorized, whichever occurs first. 
(d) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant with funds made available under this sec-
tion imposes upon the United States a contractual obliga-
tion for payment of the Government’s share of costs in-
curred in carrying out the objectives of the grant. 
Subtitle B—Registration 
SEC. 6201. REGISTRATION REQUIREMENTS. 
(a) GENERAL
REQUIREMENTS.—Section 13901 is 
amended to read as follows: 
‘‘§ 13901. Requirement for registration 
‘‘(a) IN GENERAL.—A person may provide the fol-
lowing transportation or services only if the person is reg-
istered under this chapter to provide the transportation or 
service: 
‘‘(1) Transportation as a motor carrier subject to 
jurisdiction under subchapter I of chapter 135. 
‘‘(2) Service as a freight forwarder subject to ju-
risdiction under subchapter III of chapter 135. 
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‘‘(3) Service as a broker for transportation sub-
ject to jurisdiction under subchapter I of chapter 135. 
‘‘(b) REGISTRATION NUMBERS.— 
‘‘(1) IN GENERAL.—If the Secretary registers a 
person under this chapter to provide transportation 
or service, including as a motor carrier, freight for-
warder, or broker, the Secretary shall issue a distinc-
tive registration number to the person for the trans-
portation or service. In the case of a person registered 
by the Secretary to provide more than one type of 
transportation or service, the Secretary shall issue a 
separate registration number to the person for each 
authority to provide transportation or service. 
‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI-
CATOR.—A registration number issued under para-
graph (1) shall include an indicator of the type of 
transportation or service for which the registration 
number is issued, including whether the registration 
number is issued for registration of a motor carrier, 
freight forwarder, or broker. 
‘‘(c) SPECIFICATION OF AUTHORITY.—For each agree-
ment to provide transportation or service for which reg-
istration is required under this chapter, the registrant shall 
specify, in writing, the authority under which the person 
is providing the transportation or service.’’. 
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537 
(b) AVAILABILITY OF INFORMATION.— 
(1) IN GENERAL.—Chapter 139 is amended by 
adding at the end the following: 
‘‘§ 13909. Availability of information 
‘‘The Secretary shall make information relating to reg-
istration and financial security required by this chapter 
publicly available on the Internet, including— 
‘‘(1) the names and addresses of the principals of 
each entity holding such registration; 
‘‘(2) the status of such registration; and 
‘‘(3) the electronic address of the entity’s surety 
provider for the submission of claims.’’. 
(2) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by adding at the end the fol-
lowing: 
‘‘13909. Availability of information.’’. 
SEC. 6202. MOTOR CARRIER REGISTRATION. 
(a) MOTOR CARRIER GENERALLY.—Section 13902(a) 
is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.—Except as provided in this 
section, the Secretary shall register a person to pro-
vide transportation subject to jurisdiction under sub-
chapter I of chapter 135 as a motor carrier using self- 
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propelled vehicles the motor carrier owns, rents, or 
leases if the Secretary finds that the person— 
‘‘(A) is willing and able to comply with— 
‘‘(i) this part and the applicable regu-
lations of the Secretary and the Board; 
‘‘(ii) any safety regulations imposed by 
the Secretary; 
‘‘(iii) the duties of employers and em-
ployees established by the Secretary under 
section 31135; 
‘‘(iv) the safety fitness requirements es-
tablished by the Secretary under section 
31144; 
‘‘(v) the accessibility requirements es-
tablished by the Secretary under subpart H 
of part 37 of title 49, Code of Federal Regu-
lations, or a successor regulation, for trans-
portation provided by an over-the-road bus; 
and 
‘‘(vi) the minimum financial responsi-
bility requirements established by the Sec-
retary pursuant to sections 13906 and 
31138; 
‘‘(B) has demonstrated, through successful 
completion of a proficiency examination, to be 
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539 
developed by the Secretary by regulation, knowl-
edge of the requirements and regulations de-
scribed in subparagraph (A); 
‘‘(C) has disclosed to the Secretary any rela-
tionship involving common stock, common own-
ership, common control, common management, 
or common familial relationship between that 
person and any other motor carrier in the 3-year 
period preceding the date of the filing of the ap-
plication for registration; and 
‘‘(D) has been issued a Department of 
Transportation number under section 31134.’’; 
and 
(2) by adding at the end the following: 
‘‘(6) SEPARATE
REGISTRATION
REQUIRED.—A 
motor carrier may not broker transportation services 
unless the motor carrier has registered as a broker 
under this chapter.’’. 
(b) ENHANCED
REGISTRATION
PROCEDURES
FOR 
HOUSEHOLD GOODS MOTOR CARRIERS.— 
(1) 
IN
GENERAL.—Section 
13902(a)(2) 
is 
amended to read as follows: 
‘‘(2) REGISTRATION
FOR
HOUSEHOLD
GOODS 
MOTOR CARRIERS.— 
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540 
‘‘(A) ADDITIONAL REQUIREMENTS.—In ad-
dition to meeting the requirements of paragraph 
(1), the Secretary may register a person to pro-
vide transportation of household goods as a 
household goods motor carrier only after the per-
son— 
‘‘(i) provides evidence of participation 
in an arbitration program under section 
14708 and provides a copy of the notice of 
the arbitration program as required by sec-
tion 14708(b)(2); 
‘‘(ii) identifies the motor carrier’s tar-
iff and provides a copy of the notice of the 
availability of that tariff for inspection as 
required by section 13702(c); 
‘‘(iii) provides evidence that the person 
has access to, has read, is familiar with, 
and will observe all applicable Federal laws 
relating to consumer protection, estimating, 
consumers’ rights and responsibilities, and 
options for limitations of liability for loss 
and damage; 
‘‘(iv) discloses any relationship involv-
ing common stock, common ownership, com-
mon control, common management, or com-
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mon familial relationships between the per-
son and any other motor carrier, freight 
forwarder, or broker of household goods 
within 3 years of the proposed date of reg-
istration; 
‘‘(v) demonstrates that the person is 
willing and able to comply with the house-
hold goods consumer protection rules of the 
Secretary; and 
‘‘(vi) demonstrates, through successful 
completion of a proficiency examination, to 
be developed by the Secretary by regulation, 
knowledge of the requirements and regula-
tions described in this subparagraph. 
‘‘(B) HOUSEHOLD GOODS AUDITS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
require, by regulation, each registrant de-
scribed in subparagraph (A) to undergo a 
household goods audit during the 180-day 
period beginning 1 year after the date of 
issuance of a provisional registration to the 
registrant. 
‘‘(ii) REGULATIONS.— 
‘‘(I) DEADLINE.—The Secretary 
shall issue regulations under clause (i) 
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542 
not later than 2 years after the date of 
enactment of the Motor Carrier Safety, 
Efficiency, and Accountability Act of 
2012. 
‘‘(II) ISSUANCE OF STANDARDS.— 
The regulations shall include standards 
for household goods audits. 
‘‘(iii) CONTENTS.—The Secretary shall 
ensure that the standards issued under 
clause 
(ii)(II) 
require 
evidence 
dem-
onstrating that a registrant described in 
subparagraph (A)— 
‘‘(I) has consistently adhered to 
the household goods regulations of the 
Secretary; 
‘‘(II) has consistently adhered to 
the requirements of its tariff; 
‘‘(III) has not wrongfully withheld 
the household goods of a customer; 
‘‘(IV) has not had a pattern of 
substantiated customer service com-
plaints filed against it; and 
‘‘(V) has complied with all rel-
evant arbitration requirements. 
‘‘(C) CORRECTIVE ACTION PLAN.— 
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543 
‘‘(i) IN GENERAL.—If a registrant de-
scribed in subparagraph (A) fails a house-
hold goods audit, the registrant may submit 
to the Secretary for approval a corrective 
action plan to address deficiencies identified 
in the audit. The registrant shall submit the 
plan during the 60-day period beginning on 
the date the registrant is notified of the re-
sults of the audit. 
‘‘(ii) DEADLINE
FOR
APPROVAL
OR 
DISAPPROVAL.—The Secretary shall approve 
or disapprove a corrective action plan sub-
mitted under clause (i) not later than 60 
days after the date of submission of the 
plan. 
‘‘(iii) ASSESSMENT
OF
IMPLEMENTA-
TION OF CORRECTIVE ACTION PLAN.—If the 
Secretary approves a corrective action plan 
submitted by a registrant under clause (i), 
the Secretary shall determine, during the 1- 
year period beginning on the date of such 
approval, whether the registrant has carried 
out the plan satisfactorily. 
‘‘(D) PROVISIONAL REGISTRATION.— 
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‘‘(i) IN
GENERAL.—Any registration 
issued under subparagraph (A) shall be des-
ignated as a provisional registration until 
the audit required by subparagraph (B) is 
completed. 
‘‘(ii) REQUIREMENT FOR ISSUANCE OF 
PERMANENT REGISTRATION.—A provisional 
registration issued to a registrant under 
subparagraph (A) shall become permanent 
after the registrant— 
‘‘(I) passes the household goods 
audit required under subparagraph 
(B); or 
‘‘(II) implements to the satisfac-
tion of the Secretary a corrective ac-
tion plan under subparagraph (C). 
‘‘(iii) REVOCATION
OF
PROVISIONAL 
REGISTRATION.—If a registrant fails a 
household goods audit required under sub-
paragraph (B) or does not implement to the 
satisfaction of the Secretary a corrective ac-
tion plan under subparagraph (C), the Sec-
retary shall revoke the provisional registra-
tion of the registrant. 
‘‘(E) REAPPLYING FOR REGISTRATION.— 
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545 
‘‘(i) IN
GENERAL.—Nothing in this 
paragraph permanently prohibits a person 
from reapplying for registration to provide 
transportation of household goods as a 
household goods motor carrier. 
‘‘(ii) LIMITATION.—If the Secretary re-
vokes the provisional registration of a per-
son under this paragraph, the person shall 
be required to wait at least 1 year before re-
applying for a registration to provide 
transportation of household goods as a 
household goods motor carrier.’’. 
(2) RULEMAKING.—Not later than 2 years after 
the date of enactment of this Act, the Secretary shall 
issue a final rule establishing the proficiency exam-
ination referred to in section 13902(a)(2)(A)(vi) of 
title 49, United States Code, as amended by para-
graph (1). 
(c) REGISTRATION
AS
FREIGHT
FORWARDER
OR 
BROKER REQUIRED.—Section 13902 is amended— 
(1) by redesignating subsection (g) as subsection 
(h); and 
(2) by inserting after subsection (f) the following: 
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546 
‘‘(g) REGISTRATION
AS FREIGHT FORWARDER
OR 
BROKER REQUIRED.—A motor carrier registered under this 
chapter— 
‘‘(1) may only provide transportation of prop-
erty with— 
‘‘(A) self-propelled motor vehicles owned or 
leased by the motor carrier; or 
‘‘(B) interchanges, as permitted under regu-
lations issued by the Secretary and subject to re-
quirements that the originating carrier phys-
ically transports the cargo at some point and re-
tains liability for the cargo and payment of 
interchanged carriers; and 
‘‘(2) may not arrange such transportation unless 
the motor carrier has obtained a separate registration 
as a freight forwarder or broker for transportation 
under section 13903 or 13904, as the case may be.’’. 
SEC. 6203. REGISTRATION OF FREIGHT FORWARDERS AND 
BROKERS. 
(a) REGISTRATION OF FREIGHT FORWARDERS.—Sec-
tion 13903 is amended to read as follows: 
‘‘§ 13903. Registration of freight forwarders 
‘‘(a) IN GENERAL.—The Secretary shall register a per-
son to provide service subject to jurisdiction under sub-
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547 
chapter III of chapter 135 as a freight forwarder if the Sec-
retary finds that the person— 
‘‘(1) is qualified by experience to act as a freight 
forwarder; and 
‘‘(2) is fit, willing, and able to provide the serv-
ice and to comply with this part and applicable regu-
lations of the Secretary. 
‘‘(b) FINANCIAL SECURITY REQUIREMENTS.—A reg-
istration issued under subsection (a) shall remain in effect 
only as long as the freight forwarder is in compliance with 
section 13906(c). 
‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.—A 
freight forwarder shall employ, as an officer, an individual 
who— 
‘‘(1) has at least 3 years of relevant experience; 
or 
‘‘(2) provides the Secretary with satisfactory evi-
dence of completion of relevant training. 
‘‘(d) 
REGISTRATION
AS
MOTOR
CARRIER
RE-
QUIRED.—A freight forwarder may not provide transpor-
tation as a motor carrier unless the freight forwarder has 
registered separately under this chapter to provide trans-
portation as a motor carrier.’’. 
(b) REGISTRATION OF BROKERS.—Section 13904 is 
amended to read as follows: 
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548 
‘‘§ 13904. Registration of brokers 
‘‘(a) IN GENERAL.—The Secretary shall register a per-
son to be a broker for transportation of property subject 
to jurisdiction under subchapter I of chapter 135, if the Sec-
retary finds that the person— 
‘‘(1) is qualified by experience to act as a broker 
for transportation; and 
‘‘(2) is fit, willing, and able to be a broker for 
transportation and to comply with this part and ap-
plicable regulations of the Secretary. 
‘‘(b) FINANCIAL SECURITY REQUIREMENTS.—A reg-
istration issued under subsection (a) shall remain in effect 
only as long as the broker for transportation is in compli-
ance with section 13906(b). 
‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.—A 
broker shall employ, as an officer, an individual who— 
‘‘(1) has at least 3 years of relevant experience; 
or 
‘‘(2) provides the Secretary with satisfactory evi-
dence of completion of relevant training. 
‘‘(d) 
REGISTRATION
AS
MOTOR
CARRIER
RE-
QUIRED.— 
‘‘(1) IN GENERAL.—A broker for transportation 
may not provide transportation as a motor carrier 
unless the broker has registered separately under this 
chapter to provide transportation as a motor carrier. 
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549 
‘‘(2) LIMITATION.—This subsection does not 
apply to a motor carrier registered under this chapter 
or to an employee or agent of the motor carrier to the 
extent the transportation is to be provided entirely by 
the motor carrier. 
‘‘(e) REGULATIONS TO PROTECT MOTOR CARRIERS 
AND SHIPPERS.—Regulations of the Secretary applicable to 
brokers registered under this section shall provide for the 
protection of motor carriers and shippers by motor vehicle. 
‘‘(f) BOND AND INSURANCE.—The Secretary may im-
pose on brokers for motor carriers of passengers such re-
quirements for bonds or insurance (or both) as the Secretary 
determines are needed to protect passengers and carriers 
dealing with such brokers.’’. 
SEC. 6204. EFFECTIVE PERIODS OF REGISTRATION. 
Section 13905(c) is amended to read as follows: 
‘‘(c) EFFECTIVE PERIOD.— 
‘‘(1) IN GENERAL.—Except as provided in this 
part, each registration issued under section 13902, 
13903, or 13904 shall be effective from the date speci-
fied by the Secretary and shall remain in effect for 
such period as the Secretary determines appropriate 
by regulation. 
‘‘(2) REISSUANCE OF REGISTRATION.—Not later 
than 4 years after the date of enactment of the Motor 
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550 
Carrier Safety, Efficiency, and Accountability Act of 
2012, the Secretary shall require a freight forwarder 
or broker to renew its registration issued under this 
chapter. Such registration shall expire not later than 
5 years after the date of such renewal and may be 
further renewed as provided under this chapter. 
‘‘(3) REQUIREMENT
FOR
INFORMATION
UP-
DATE.— 
‘‘(A) IN GENERAL.—The Secretary shall re-
quire a motor carrier, freight forwarder, or 
broker to update its registration information 
under this chapter within 30 days of any change 
in address, other contact information, officers, 
process agent, or other essential information as 
determined by the Secretary and published in the 
Federal Register. 
‘‘(B) MOTOR CARRIERS OF PASSENGERS.— 
In addition to the requirements of subparagraph 
(A), the Secretary shall require a motor carrier 
of passengers to update its registration informa-
tion, including numbers of vehicles, annual mile-
age, and individuals responsible for compliance 
with Federal safety regulations quarterly for the 
first 2 years after being issued a registration 
under section 13902.’’. 
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551 
SEC. 6205. REINCARNATED CARRIERS. 
(a) DENIALS, SUSPENSIONS, AMENDMENTS, AND REV-
OCATIONS.—Section 13905(d) is amended— 
(1) by redesignating paragraph (2) as para-
graph (4); 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) APPLICATIONS.—On application of the reg-
istrant, the Secretary may deny, suspend, amend, or 
revoke a registration. 
‘‘(2) COMPLAINTS AND ACTIONS ON SECRETARY’S 
OWN INITIATIVE.—On complaint or on the Secretary’s 
own initiative and after notice and an opportunity 
for a proceeding, the Secretary may— 
‘‘(A) deny, suspend, amend, or revoke any 
part of the registration 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 Secretary or the Board, including the 
accessibility requirements established by the 
Secretary under subpart H of part 37 of 
title 49, Code of Federal Regulations, or a 
successor regulation, for transportation pro-
vided by an over-the-road bus; or 
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552 
‘‘(iii) a condition of its registration; 
‘‘(B) deny, suspend, amend, or revoke any 
part of the registration of a motor carrier, 
broker, or freight forwarder for failure to— 
‘‘(i) pay a civil penalty imposed under 
chapter 5, 51, 149, or 311 of this title; or 
‘‘(ii) arrange and abide by an accept-
able payment plan for such civil penalty, 
within 90 days of the time specified by 
order of the Secretary for the payment of 
such penalty; and 
‘‘(C) deny, suspend, amend, or revoke any 
part of a registration of a motor carrier fol-
lowing a determination by the Secretary that the 
motor carrier 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 Secretary or the Board; or 
‘‘(iii) a condition of its registration. 
‘‘(3) LIMITATION.—Paragraph (2)(B) shall not 
apply to any person who is unable to pay a civil pen-
alty because such person is a debtor in a case under 
chapter 11 of title 11.’’; and 
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553 
(3) in paragraph (4) (as redesignated by para-
graph (1)) by striking ‘‘paragraph (1)(B)’’ and in-
serting ‘‘paragraph (2)(B)’’. 
(b) PROCEDURE.—Section 13905(e) is amended by in-
serting ‘‘or if the Secretary determines that the registrant 
has failed to disclose a material fact in an application for 
registration in accordance with subsection (d)(2)(C)’’ before 
the first comma. 
(c) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec-
tion 31135 is amended— 
(1) by redesignating subsection (d) as subsection 
(e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AVOIDING COMPLIANCE.— 
‘‘(1) IN GENERAL.—Two or more employers shall 
not use common ownership, common management, 
common control, or common familial relationship to 
enable any or all such employers to avoid compliance, 
or mask or otherwise conceal noncompliance, or a his-
tory of noncompliance, with commercial motor vehicle 
safety regulations issued under this subchapter or an 
order of the Secretary issued under this subchapter or 
such regulations. 
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554 
‘‘(2) PENALTY.—If the Secretary determines that 
actions described in the preceding sentence have oc-
curred, the Secretary shall— 
‘‘(A) deny, suspend, amend, or revoke all or 
part of any such employer’s registration under 
sections 13905 and 31134; and 
‘‘(B) take into account such noncompliance 
for purposes of determining civil penalty 
amounts under section 521(b)(2)(D).’’. 
(d) 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 motor carrier is 
or has been related, through common stock, com-
mon ownership, common control, common man-
agement, or common familial relationship to any 
other motor carrier.’’. 
SEC. 
6206. 
FINANCIAL 
SECURITY 
OF 
BROKERS 
AND 
FREIGHT FORWARDERS. 
(a) IN GENERAL.—Section 13906 is amended by strik-
ing subsections (b) and (c) and inserting the following: 
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555 
‘‘(b) 
BROKER
FINANCIAL
SECURITY
REQUIRE-
MENTS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary may reg-
ister a person as a broker under section 13904 
only if the person files with the Secretary a sur-
ety bond, proof of trust fund, or other financial 
security, or a combination thereof, in a form and 
amount, and from a provider, determined by the 
Secretary to be adequate to ensure financial re-
sponsibility. 
‘‘(B) USE
OF
A
GROUP
SURETY
BOND, 
TRUST
FUND, OR
OTHER
SURETY.—In imple-
menting the standards established by subpara-
graph (A), the Secretary may authorize the use 
of a group surety bond, trust fund, or other fi-
nancial security, or a combination thereof, that 
meets the requirements of this subsection. 
‘‘(C) SURETY BONDS.—A surety bond ob-
tained under this section may only be obtained 
from a bonding company that has been approved 
by the Secretary of the Treasury. 
‘‘(D) PROOF OF TRUST OR OTHER FINAN-
CIAL SECURITY.—For purposes of subparagraph 
(A), a trust fund or other financial security may 
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556 
be acceptable to the Secretary only if the trust 
fund or other financial security consists of assets 
readily available to pay claims without resort to 
personal guarantees or collection of pledged ac-
counts receivable. 
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 
‘‘(A) PAYMENT OF CLAIMS.—A surety bond, 
trust fund, or other financial security obtained 
under paragraph (1) shall be available to pay 
any claim against a broker arising from its fail-
ure to pay freight charges under its contracts, 
agreements, or arrangements for transportation 
subject to jurisdiction under chapter 135 if— 
‘‘(i) subject to the review by the surety 
provider, the broker consents to the pay-
ment; 
‘‘(ii) in the case the broker does not re-
spond to adequate notice to address the va-
lidity of the claim, the surety provider de-
termines the claim is valid; or 
‘‘(iii) the claim is not resolved within 
a reasonable period of time following a rea-
sonable attempt by the claimant to resolve 
the claim under clauses (i) and (ii) and the 
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557 
claim is reduced to a judgment against the 
broker. 
‘‘(B) RESPONSE OF SURETY PROVIDERS TO 
CLAIMS.—If a surety provider receives notice of 
a claim described in subparagraph (A), the sur-
ety provider shall— 
‘‘(i) respond to the claim on or before 
the 30th day following receipt of the notice; 
and 
‘‘(ii) in the case of a denial, set forth 
in writing for the claimant the grounds for 
the denial. 
‘‘(C) COSTS AND ATTORNEYS FEES.—In any 
action against a surety provider to recover on a 
claim described in subparagraph (A), the pre-
vailing party shall be entitled to recover its rea-
sonable costs and attorneys fees. 
‘‘(3) MINIMUM FINANCIAL SECURITY.—A broker 
subject to the requirements of this section shall pro-
vide financial security of $100,000, regardless of the 
number of branch offices or sales agents of the broker. 
‘‘(4) CANCELLATION NOTICE.—If a financial se-
curity required under this subsection is canceled— 
‘‘(A) the holder of the financial security 
shall provide electronic notification to the Sec-
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558 
retary of the cancellation not later than 30 days 
before the effective date of the cancellation; and 
‘‘(B) the Secretary shall immediately post 
such notification on the public Internet Web site 
of the Department of Transportation. 
‘‘(5) SUSPENSION.—The Secretary shall imme-
diately suspend the registration of a broker issued 
under this chapter if the available financial security 
of the broker falls below the amount required under 
this subsection. 
‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINAN-
CIAL FAILURE OR INSOLVENCY.—If a broker registered 
under this chapter experiences financial failure or in-
solvency, the surety provider of the broker shall— 
‘‘(A) submit a notice to cancel the financial 
security to the Administrator in accordance with 
paragraph (4); 
‘‘(B) publicly advertise for claims for 60 
days beginning on the date of publication by the 
Secretary of the notice to cancel the financial se-
curity; and 
‘‘(C) pay, not later than 30 days after the 
expiration of the 60-day period for submission of 
claims— 
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559 
‘‘(i) all uncontested claims received 
during such period; or 
‘‘(ii) a pro rata share of such claims if 
the total amount of such claims exceeds the 
financial security available. 
‘‘(7) PENALTIES.— 
‘‘(A) CIVIL ACTIONS.—Either the Secretary 
or the Attorney General may bring a civil action 
in an appropriate district court of the United 
States to enforce the requirements of this sub-
section or a regulation prescribed or order issued 
under this subsection. The court may award ap-
propriate relief, including injunctive relief. 
‘‘(B) CIVIL
PENALTIES.—If the Secretary 
determines, after notice and opportunity for a 
hearing, that a surety provider of a broker reg-
istered under this chapter has violated the re-
quirements of this subsection or a regulation pre-
scribed under this subsection, the surety provider 
shall be liable to the United States for a civil 
penalty in an amount not to exceed $10,000. 
‘‘(C) ELIGIBILITY.—If the Secretary deter-
mines, after notice and opportunity for a hear-
ing, that a surety provider of a broker registered 
under this chapter has violated the requirements 
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560 
of this subsection or a regulation prescribed 
under this subsection, the surety provider shall 
be ineligible to provide the financial security of 
a broker for 5 years. 
‘‘(8) DEDUCTION OF COSTS PROHIBITED.—The 
amount of the financial security required under this 
subsection may not be reduced by deducting attorney’s 
fees or administrative costs. 
‘‘(9) FINANCIAL
SECURITY
AMOUNT
ASSESS-
MENT.—Every 5 years, the Secretary shall review, 
with public notice and comment, the amounts of the 
financial security required under this subsection to 
determine whether the amounts are sufficient to pro-
vide adequate financial security, and shall be author-
ized to increase the amounts, if necessary, based upon 
that determination. 
‘‘(c) FREIGHT FORWARDER FINANCIAL SECURITY RE-
QUIREMENTS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary may reg-
ister a person as a freight forwarder under sec-
tion 13903 only if the person files with the Sec-
retary a surety bond, proof of trust fund, or 
other financial security, or a combination there-
of, in a form and amount, and from a provider, 
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561 
determined by the Secretary to be adequate to 
ensure financial responsibility. 
‘‘(B) USE
OF
A
GROUP
SURETY
BOND, 
TRUST FUND, OR OTHER FINANCIAL SECURITY.— 
In implementing the standards established by 
subparagraph (A), the Secretary may authorize 
the use of a group surety bond, trust fund, or 
other financial security, or a combination there-
of, that meets the requirements of this subsection. 
‘‘(C) SURETY BONDS.—A surety bond ob-
tained under this section may only be obtained 
from a bonding company that has been approved 
by the Secretary of the Treasury. 
‘‘(D) PROOF OF TRUST OR OTHER FINAN-
CIAL SECURITY.—For purposes of subparagraph 
(A), a trust fund or other financial security may 
be acceptable to the Secretary only if the trust 
fund or other financial security consists of assets 
readily available to pay claims without resort to 
personal guarantees or collection of pledged ac-
counts receivable. 
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 
‘‘(A) PAYMENT OF CLAIMS.—A surety bond, 
trust fund, or other financial security obtained 
under paragraph (1) shall be available to pay 
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562 
any claim against a freight forwarder arising 
from its failure to pay freight charges under its 
contracts, agreements, or arrangements for trans-
portation subject to jurisdiction under chapter 
135 if— 
‘‘(i) subject to the review by the surety 
provider, the freight forwarder consents to 
the payment; 
‘‘(ii) in the case the freight forwarder 
does not respond to adequate notice to ad-
dress the validity of the claim, the surety 
provider determines the claim is valid; or 
‘‘(iii) the claim is not resolved within 
a reasonable period of time following a rea-
sonable attempt by the claimant to resolve 
the claim under clauses (i) and (ii) and the 
claim is reduced to a judgment against the 
freight forwarder. 
‘‘(B) RESPONSE OF SURETY PROVIDERS TO 
CLAIMS.—If a surety provider receives notice of 
a claim described in subparagraph (A), the sur-
ety provider shall— 
‘‘(i) respond to the claim on or before 
the 30th day following receipt of the notice; 
and 
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563 
‘‘(ii) in the case of a denial, set forth 
in writing for the claimant the grounds for 
the denial. 
‘‘(C) COSTS AND ATTORNEYS FEES.—In any 
action against a surety provider to recover on a 
claim described in subparagraph (A), the pre-
vailing party shall be entitled to recover its rea-
sonable costs and attorneys fees. 
‘‘(3) FREIGHT FORWARDER INSURANCE.— 
‘‘(A) IN GENERAL.—The Secretary may reg-
ister a person as a freight forwarder under sec-
tion 13903 only if the person files with the Sec-
retary a surety bond, insurance policy, or other 
type of financial security that meets standards to 
be prescribed by the Secretary. 
‘‘(B) LIABILITY
INSURANCE.—A financial 
security filed by a freight forwarder under sub-
paragraph (A) shall be sufficient to pay an 
amount, not to exceed the amount of the finan-
cial security, for each final judgment against the 
freight forwarder for— 
‘‘(i) bodily injury to, or death of, an 
individual, or 
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564 
‘‘(ii) loss of, or damage to, property 
(other than property referred to in subpara-
graph (C)), 
resulting from the negligent operation, mainte-
nance, or use of motor vehicles by, or under the 
direction and control of, the freight forwarder 
when providing transfer, collection, or delivery 
service under this part. 
‘‘(C) CARGO
INSURANCE.—The Secretary 
may require a registered freight forwarder to file 
with the Secretary a surety bond, insurance pol-
icy, or other type of financial security approved 
by the Secretary that will pay an amount, not 
to exceed the amount of the financial security, 
for loss of, or damage to, property for which the 
freight forwarder provides service. 
‘‘(4) 
MINIMUM
FINANCIAL
SECURITY.—Each 
freight forwarder subject to the requirements of this 
section shall provide financial security of $100,000, 
regardless of the number of branch offices or sales 
agents of the freight forwarder. 
‘‘(5) CANCELLATION NOTICE.—If a financial se-
curity required under this subsection is canceled— 
‘‘(A) the holder of the financial security 
shall provide electronic notification to the Sec-
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retary of the cancellation not later than 30 days 
before the effective date of the cancellation; and 
‘‘(B) the Secretary shall immediately post 
such notification on the public Internet Web site 
of the Department of Transportation. 
‘‘(6) SUSPENSION.—The Secretary shall imme-
diately suspend the registration of a freight forwarder 
issued under this chapter if the available financial se-
curity of the freight forwarder falls below the amount 
required under this subsection. 
‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINAN-
CIAL
FAILURE
OR
INSOLVENCY.—If a freight for-
warder registered under this chapter experiences fi-
nancial failure or insolvency, the surety provider of 
the freight forwarder shall— 
‘‘(A) submit a notice to cancel the financial 
security to the Administrator in accordance with 
paragraph (5); 
‘‘(B) publicly advertise for claims for 60 
days beginning on the date of publication by the 
Secretary of the notice to cancel the financial se-
curity; and 
‘‘(C) pay, not later than 30 days after the 
expiration of the 60-day period for submission of 
claims— 
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‘‘(i) all uncontested claims received 
during such period; or 
‘‘(ii) a pro rata share of such claims if 
the total amount of such claims exceeds the 
financial security available. 
‘‘(8) PENALTIES.— 
‘‘(A) CIVIL ACTIONS.—Either the Secretary 
or the Attorney General may bring a civil action 
in an appropriate district court of the United 
States to enforce the requirements of this sub-
section or a regulation prescribed or order issued 
under this subsection. The court may award ap-
propriate relief, including injunctive relief. 
‘‘(B) CIVIL
PENALTIES.—If the Secretary 
determines, after notice and opportunity for a 
hearing, that a surety provider of a freight for-
warder registered under this chapter has violated 
the requirements of this subsection or a regula-
tion prescribed under this subsection, the surety 
provider shall be liable to the United States for 
a civil penalty in an amount not to exceed 
$10,000. 
‘‘(C) ELIGIBILITY.—If the Secretary deter-
mines, after notice and opportunity for a hear-
ing, that a surety provider of a freight forwarder 
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registered under this chapter has violated the re-
quirements of this subsection or a regulation pre-
scribed under this subsection, the surety provider 
shall be ineligible to provide the financial secu-
rity of a freight forwarder for 5 years. 
‘‘(9) DEDUCTION OF COSTS PROHIBITED.—The 
amount of the financial security required under this 
subsection may not be reduced by deducting attorney’s 
fees or administrative costs. 
‘‘(10) FINANCIAL
SECURITY
AND
INSURANCE 
AMOUNT ASSESSMENT.—Every 5 years, the Secretary 
shall review, with public notice and comment, the 
amounts of the financial security and insurance re-
quired under this subsection to determine whether the 
amounts are sufficient to provide adequate financial 
security, and shall be authorized to increase the 
amounts, if necessary, based upon that determina-
tion.’’. 
(b) RULEMAKING.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall issue regula-
tions to implement and enforce the requirements of sub-
sections (b) and (c) of section 13906 of title 49, United 
States Code, as amended by subsection (a). 
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(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date that is 1 year after 
the date of enactment of this Act. 
(d) REVIEW OF SECURITY REQUIREMENTS.—Not later 
than 15 months after the date of enactment of this Act, the 
Inspector General of the Department of Transportation 
shall— 
(1) review the regulations and enforcement prac-
tices of the Secretary under subsections (b) and (c) of 
section 13906 of title 49, United States Code, as 
amended by this Act; and 
(2) make any recommendations to the Secretary 
that may be necessary to improve the enforcement of 
such regulations. 
SEC. 6207. REGISTRATION FEE SYSTEM. 
Section 13908(d)(1) is amended by striking ‘‘but shall 
not exceed $300’’. 
SEC. 6208. UNLAWFUL BROKERAGE ACTIVITIES. 
(a) IN GENERAL.—Chapter 149 is amended by adding 
at the end the following: 
‘‘§ 14916. Unlawful brokerage activities 
‘‘(a) PROHIBITED ACTIVITIES.—A person may provide 
interstate brokerage services as a broker only if the person— 
‘‘(1) is registered under, and in compliance with, 
section 13904; and 
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‘‘(2) has satisfied the financial security require-
ments under section 13906. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply 
to— 
‘‘(1) a non-vessel-operating common carrier (as 
defined in section 40102 of title 46); 
‘‘(2) an ocean freight forwarder (as defined in 
section 40102 of title 46); 
‘‘(3) a customs broker licensed in accordance 
with section 111.2 of title 19, Code of Federal Regula-
tions; or 
‘‘(4) an indirect air carrier holding a Standard 
Security Program approved by the Transportation 
Security Administration, 
when arranging for inland transportation as part of an 
international through movement involving ocean transpor-
tation between the United States and a foreign port. 
‘‘(c) CIVIL PENALTIES AND PRIVATE CAUSE OF AC-
TION.—Any person who knowingly authorizes, consents to, 
or permits, directly or indirectly, either alone or in con-
junction with any other person, a violation of subsection 
(a) is liable— 
‘‘(1) to the United States Government for a civil 
penalty in an amount not to exceed $10,000 for each 
violation; and 
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‘‘(2) to the injured party for all valid claims in-
curred without regard to amount. 
‘‘(d) LIABLE PARTIES.—The liability for civil pen-
alties and for claims under this section for unauthorized 
brokering shall apply, jointly and severally— 
‘‘(1) to any corporate entity or partnership in-
volved; and 
‘‘(2) to the individual officers, directors, and 
principals of such entities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘14916. Unlawful brokerage activities.’’. 
SEC. 6209. REQUIREMENT FOR REGISTRATION AND USDOT 
NUMBER. 
(a) IN GENERAL.—Subchapter III of chapter 311 is 
amended by inserting after section 31133 the following: 
‘‘§ 31134. Requirement for registration and Depart-
ment of Transportation number 
‘‘(a) IN GENERAL.—An employer or an employee of 
the employer may operate a commercial motor vehicle in 
interstate commerce only if the Secretary of Transportation 
registers the employer under this section and issues the em-
ployer a Department of Transportation number. 
‘‘(b) REGISTRATION.—Upon application for registra-
tion and a Department of Transportation number under 
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this section, the Secretary shall register the employer if the 
Secretary determines that— 
‘‘(1) the employer is willing and able to comply 
with the requirements of this subchapter and chapter 
51 if applicable; and 
‘‘(2)(A) during the 3-year period before the date 
of the filing of the application, the employer was not 
related through common stock, common ownership, 
common control, common management, or common 
familial relationship to any other person subject to 
safety regulations under this subchapter who, during 
such 3-year period, was unwilling or unable to com-
ply with the requirements of this subchapter or chap-
ter 51 if applicable; or 
‘‘(B) the employer has disclosed to the Secretary 
any relationship involving common stock, common 
ownership, common control, common management, or 
common familial relationship between that person 
and any other motor carrier. 
‘‘(c) REVOCATION
OR SUSPENSION.—The Secretary 
shall revoke or suspend the registration of an employer 
issued under subsection (b) if the Secretary determines 
that— 
‘‘(1) the authority of the employer to operate as 
a motor carrier, freight forwarder, or broker pursuant 
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to chapter 139 is revoked or suspended under section 
13905(d)(1) or 13905(f); or 
‘‘(2) the employer has willfully failed to comply 
with the requirements for registration set forth in sub-
section (b). 
‘‘(d) COMMERCIAL REGISTRATION.—An employer reg-
istered under this section may not provide transportation 
subject to jurisdiction under subchapter I of chapter 135 
unless the employer is also registered under section 13902 
to provide such transportation. 
‘‘(e) STATE AUTHORITY.—Nothing in this section shall 
be construed 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) CLERICAL AMENDMENT.—The analysis for chapter 
311 is amended by inserting after the item relating to sec-
tion 31133 the following: 
‘‘31134. Requirement for registration and Department of Transportation num-
ber.’’. 
Subtitle C—Commercial Motor 
Vehicle Safety 
SEC. 6301. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM. 
(a) GENERAL AUTHORITY.—Section 31102 is amended 
to read as follows: 
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‘‘§ 31102. Motor carrier safety assistance program 
‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans-
portation shall administer a motor carrier safety assistance 
program to assist States with— 
‘‘(1) the development or implementation of pro-
grams for improving motor carrier safety; and 
‘‘(2) the enforcement of Federal regulations, 
standards, and orders (and compatible State regula-
tions, standards, and orders) on— 
‘‘(A) commercial motor vehicle safety; and 
‘‘(B) hazardous materials transportation 
safety. 
‘‘(b) STATE PLANS.— 
‘‘(1) PROCEDURES.—The Secretary shall pre-
scribe procedures for a State to participate in the 
program, including procedures under which the State 
shall submit a plan, in writing, to the Secretary in 
which the State agrees— 
‘‘(A) to assume responsibility for improving 
motor carrier safety in the State; and 
‘‘(B) to adopt and enforce Federal regula-
tions, standards, and orders (and compatible 
State regulations, standards, and orders) on— 
‘‘(i) commercial motor vehicle safety; 
and 
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‘‘(ii) hazardous materials transpor-
tation safety. 
‘‘(2) CONTENTS.—A plan submitted by a State 
under paragraph (1) shall— 
‘‘(A) provide for implementation of per-
formance-based activities, including deployment 
of technology, to enhance the efficiency and effec-
tiveness of commercial motor vehicle safety pro-
grams; 
‘‘(B) provide for implementation of a border 
commercial motor vehicle safety program and re-
lated enforcement activities if the State shares a 
land border with another country; 
‘‘(C) designate a State motor vehicle safety 
agency (in this paragraph referred to as the ‘des-
ignated State agency’) responsible for admin-
istering the plan throughout the State; 
‘‘(D) provide satisfactory assurances that 
the designated State agency has or will have the 
legal authority, resources, and qualified per-
sonnel necessary to enforce the regulations, 
standards, and orders; 
‘‘(E) provide satisfactory assurances that 
the State will devote adequate amounts to the ad-
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ministration of the plan and enforcement of the 
regulations, standards, and orders; 
‘‘(F) provide a right of entry and inspection 
to carry out the plan; 
‘‘(G) provide that all reports required under 
this section be submitted to the designated State 
agency and that the designated State agency will 
make the reports available to the Secretary on 
request; 
‘‘(H) provide that the designated State 
agency will adopt the reporting requirements 
and use the forms for recordkeeping, inspections, 
and investigations the Secretary prescribes; 
‘‘(I) require registrants of commercial motor 
vehicles to make a declaration of knowledge of 
applicable safety regulations, standards, and or-
ders of the Government and the State; 
‘‘(J) provide that the State will grant max-
imum reciprocity for inspections conducted 
under the North American Inspection Standard 
through the use of a nationally accepted system 
that allows ready identification of previously in-
spected commercial motor vehicles; 
‘‘(K) ensure that activities described in sub-
section (f)(3)(B), if financed with grants under 
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this section, will not diminish the effectiveness of 
the development and implementation of commer-
cial motor vehicle safety programs described in 
subsection (a); 
‘‘(L) ensure that the designated State agen-
cy will coordinate the plan, data collection, and 
information systems with State highway safety 
programs under title 23; 
‘‘(M) ensure participation in appropriate 
Federal Motor Carrier Safety Administration in-
formation systems and other information systems 
by all appropriate jurisdictions receiving fund-
ing under this section; 
‘‘(N) provide satisfactory assurances that 
the State is willing and able to exchange infor-
mation with other States in a timely manner; 
‘‘(O) provide satisfactory assurances that 
the State will undertake efforts that will empha-
size and improve enforcement of State and local 
traffic safety laws and regulations related to 
commercial motor vehicle safety; 
‘‘(P) provide satisfactory assurances that 
the State will promote activities in support of 
national priorities, including— 
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‘‘(i) activities aimed at removing im-
paired commercial motor vehicle drivers 
from the highways of the United States— 
‘‘(I) through adequate enforcement 
of regulations on the use of alcohol and 
controlled substances; and 
‘‘(II) by ensuring ready roadside 
access to alcohol detection and meas-
uring equipment; 
‘‘(ii) activities aimed at providing an 
appropriate level of training to State motor 
carrier safety assistance program officers 
and employees on recognizing drivers im-
paired by alcohol or controlled substances; 
and 
‘‘(iii) interdiction activities affecting 
the transportation of controlled substances 
by commercial motor vehicle drivers and 
training on appropriate strategies for car-
rying out those interdiction activities; 
‘‘(Q) provide satisfactory assurances that 
the State has established a program to ensure 
that— 
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‘‘(i) accurate, complete, and timely 
motor carrier safety data is collected and 
reported to the Secretary; and 
‘‘(ii) the State will participate in a 
national motor carrier safety data correc-
tion system prescribed by the Secretary; 
‘‘(R) ensure that the State will cooperate in 
the enforcement of financial responsibility re-
quirements under sections 13906, 31138, and 
31139 and regulations issued thereunder; 
‘‘(S) ensure consistent, effective, and reason-
able sanctions; 
‘‘(T) ensure that roadside inspections will 
be conducted at a location that is adequate to 
protect the safety of drivers and enforcement per-
sonnel; 
‘‘(U) provide satisfactory assurances that 
the State will include, in the training manual 
for the licensing examination to drive a non-
commercial motor vehicle and a commercial 
motor vehicle, information on best practices for 
driving safely in the vicinity of noncommercial 
and commercial motor vehicles; 
‘‘(V) provide satisfactory assurances that 
the State will enforce the registration require-
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ments of sections 13902 and 31134 by prohib-
iting the operation of any vehicle discovered to 
be operated by a motor carrier— 
‘‘(i) without a registration issued 
under such sections; or 
‘‘(ii) beyond the scope of such registra-
tion; 
‘‘(W) provide satisfactory assurances that 
the State will conduct comprehensive and highly 
visible traffic enforcement and commercial motor 
vehicle safety inspection programs in high-risk 
locations and corridors; and 
‘‘(X) provide for implementation of activi-
ties to monitor the safety performance of motor 
carriers of passengers, including inspections of 
commercial motor vehicles designed or used to 
transport passengers; except that roadside in-
spections must be conducted at a station, ter-
minal, border crossing, maintenance facility, 
destination, or other location where a motor car-
rier may make a planned stop, except in the case 
of an imminent or obvious safety hazard. 
‘‘(3) MAINTENANCE OF EFFORT.— 
‘‘(A) IN GENERAL.—A plan submitted by a 
State under this subsection shall provide that the 
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