1292 
for public comment on, the request not later than 15 
days before making a finding based on such request. 
(2) NOTICE REQUIREMENTS.—Each notice pro-
vided under paragraph (1)— 
(A) shall include the information available 
to the Secretary concerning the request, includ-
ing the requestor’s justification for such re-
quest; and 
(B) shall be provided electronically, includ-
ing on the official public Internet website of the 
Department. 
(3) PUBLICATION
OF
DETAILED
JUSTIFICA-
TION.—If the Secretary issues a waiver pursuant to 
the authority granted under a provision referenced 
in paragraph (1), the Secretary shall publish, in the 
Federal Register, a detailed justification for the 
waiver that— 
(A) addresses the public comments re-
ceived under paragraph (1); and 
(B) is published before the waiver takes ef-
fect. 
(b) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner that 
is consistent with United States obligations under relevant 
international agreements. 
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(c) REVIEW OF NATIONWIDE WAIVERS.—Not later 
than 1 year after the date of the enactment of the Moving 
Ahead for Progress in the 21st Century Act, and at least 
once every 5 years thereafter, the Secretary shall review 
each standing nationwide waiver issued pursuant to the 
authority granted under any of the provisions referenced 
in paragraph (1) to determine whether continuing such 
waiver is necessary. 
(d) BUY AMERICA REPORTING.—Section 308 of title 
49, United States Code, is amended by inserting after sub-
section (c) the following: 
‘‘(d) Not later than February 1, 2013, and annually 
thereafter, the Secretary shall submit a report to Congress 
that— 
‘‘(1) specifies each highway, public transpor-
tation, or railroad project for which the Secretary 
issued a waiver from a Buy America requirement 
pursuant to the authority granted under section 
313(b) of title 23, United States Code, or under sec-
tion 24305(f)(4) or 24405(a)(2) of title 49, United 
States Code, during the preceding calendar year; 
‘‘(2) identifies the country of origin and product 
specifications for the steel, iron, or manufactured 
goods acquired pursuant to each of the waivers spec-
ified under paragraph (1); and 
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‘‘(3) summarizes the monetary value of con-
tracts awarded pursuant to each such waiver.’’. 
SEC. 33008. MAKE IT IN AMERICA INITIATIVE. 
(a) MEMORANDUM
OF
AGREEMENT.—The term 
‘‘Memorandum of Agreement’’ means the August 2011 
Memorandum of Agreement between the Department of 
Transportation and the Department of Commerce entitled 
‘‘Development of a Domestic Supply Base for Intermodal 
Transportation in the U.S.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that collaboration between the Department of Trans-
portation and the Department of Commerce can signifi-
cantly improve the scope and depth of the domestic supply 
base for transportation infrastructure, particularly for 
small businesses in the United States. 
(c) IMPLEMENTATION.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation and the Secretary of Commerce shall 
prioritize the implementation of the Memorandum of 
Agreement. 
(2) SAVINGS
PROVISION.—The requirement 
under paragraph (1) may not be construed to re-
quire the expenditure of additional funds. 
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SEC. 33009. CAPACITY-BUILDING FOR NATURAL DISASTERS 
AND EXTREME WEATHER. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) EXTREME WEATHER.—The term ‘‘extreme 
weather’’ includes severe or unseasonable weather, 
heavy 
precipitation, 
a 
storm 
surge, 
flooding, 
drought, windstorms (including hurricanes, torna-
does, and associated storm surges), extreme heat, 
and extreme cold. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation, in consultation 
with— 
(A) the Director of the National Institute 
of Standards and Technology; 
(B) the Administrator of the Federal 
Emergency Management Agency; and 
(C) as appropriate— 
(i) the Administrator of the National 
Oceanic and Atmospheric Administration; 
(ii) the Director of the United States 
Geological Survey; 
(iii) the Administrator of the National 
Aeronautics and Space Administration; 
(iv) the Administrator of the Environ-
mental Protection Agency; and 
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(v) the heads of other Federal agen-
cies. 
(b) DATA.—The Secretary shall determine and pro-
vide to transportation planners appropriate data on the 
impact on infrastructure of natural disasters and a higher 
frequency of extreme weather. 
(c) TRANSPORTATION INFRASTRUCTURE.— 
(1) IN
GENERAL.—The Secretary shall issue 
guidance and establish design standards for trans-
portation infrastructure to help States, metropolitan 
planning organizations, and local governments plan 
for natural disasters and a greater frequency of ex-
treme weather events in the process of planning, 
siting, designing, and developing transportation in-
frastructure by assessing vulnerabilities to a chang-
ing climate and the costs and benefits of adaptation 
measures (including economic, social, and environ-
mental costs and benefits). 
(2) COORDINATION.—If appropriate, guidance 
and design standards under paragraph (1) shall, to 
the maximum extent practicable, be carried out 
through 
the 
coordination 
mechanism 
provided 
under— 
(A) the National Windstorm Impact Re-
duction Program established under section 204 
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of the National Windstorm Impact Reduction 
Act of 2004 (42 U.S.C. 15703); and 
(B) the National Earthquake Hazard Re-
duction Program established under section 5 of 
the Earthquake Hazards Reduction Act of 1977 
(42 U.S.C. 7704). 
SEC. 33010. TOLL FAIRNESS STUDY. 
(a) REVIEW.—As soon as practicable after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall conduct a review of toll rate set-
ting practices by selected interstate tolling authorities— 
(1) over any bridge constructed under the Act 
of March 23, 1906 (33 U.S.C. 491 et seq.) (com-
monly known as the Bridge Act of 1906), the Gen-
eral Bridge Act of 1946 (33 U.S.C. 525 et seq.), or 
the International Bridge Act of 1972 (33 U.S.C. 
535 et seq.); and 
(2) over or through any bridge or tunnel con-
structed on a Federal-aid highway (as defined in 
section 101(a) of title 23, United States Code). 
(b) EVALUATION.—The review under subsection (a) 
shall include an evaluation of— 
(1) the extent to which the use of tolling rev-
enue by interstate authorities is consistent with their 
mandates; and 
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(2) the transparency and accountability of the 
funding and management decisions by those authori-
ties. 
(c) REPORT TO CONGRESS.—The Comptroller Gen-
eral of the United States shall submit a report to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives that contains— 
(1) the results of the review conducted under 
this section; and 
(2) any appropriate recommendations. 
TITLE 
IV—HAZARDOUS 
MATE-
RIALS 
TRANSPORTATION 
SAFETY IMPROVEMENT ACT 
OF 2012 
SEC. 34001. SHORT TITLE. 
This title may be cited as the ‘‘Hazardous Materials 
Transportation Safety Improvement Act of 2012’’. 
SEC. 34002. DEFINITION. 
In this title, the term ‘‘Secretary’’ means the Sec-
retary of Transportation. 
SEC. 34003. REFERENCES TO TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
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of an amendment to, or 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. 
SEC. 34004. TRAINING FOR EMERGENCY RESPONDERS. 
(a) TRAINING
CURRICULUM.—Section 5115 is 
amended— 
(1) in subsection (b)(1)(B), by striking ‘‘basic’’; 
(2) in subsection (b)(2), by striking ‘‘basic’’; 
and 
(3) in subsection (c), by striking ‘‘basic’’. 
(b) OPERATIONS LEVEL TRAINING.—Section 5116 is 
amended— 
(1) in subsection (b)(1), by adding at the end 
the following: ‘‘To the extent that a grant is used to 
train emergency responders, the State or Indian 
tribe shall provide written certification to the Sec-
retary that the emergency responders who receive 
training under the grant will have the ability to pro-
tect nearby persons, property, and the environment 
from the effects of accidents or incidents involving 
the transportation of hazardous material in accord-
ance with existing regulations or National Fire Pro-
tection Association standards for competence of re-
sponders to hazardous materials.’’; 
(2) in subsection (j)— 
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(A) by redesignating paragraph (5) as 
paragraph (7); and 
(B) by inserting after paragraph (4) the 
following: 
‘‘(5) The Secretary may not award a grant to 
an organization under this subsection unless the or-
ganization ensures that emergency responders who 
receive training under the grant will have the ability 
to protect nearby persons, property, and the environ-
ment from the effects of accidents or incidents in-
volving the transportation of hazardous material in 
accordance with existing regulations or National 
Fire Protection Association standards for com-
petence of responders to hazardous materials. 
‘‘(6) Notwithstanding paragraphs (1) and (3), 
to the extent determined appropriate by the Sec-
retary, a grant awarded by the Secretary to an orga-
nization under this subsection to conduct hazardous 
material response training programs may be used to 
train individuals with responsibility to respond to ac-
cidents and incidents involving hazardous material.’’; 
and 
(3) in subsection (k)— 
(A) by striking ‘‘annually’’ and inserting 
‘‘an annual report’’; 
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(B) by inserting ‘‘the report’’ after ‘‘make 
available’’; 
(C) by striking ‘‘information’’ and insert-
ing ‘‘. The report submitted under this sub-
section shall include information’’; and 
(D) by striking ‘‘The report shall identify’’ 
and all that follows and inserting the following: 
‘‘The report submitted under this subsection 
shall identify the ultimate recipients of such 
grants and include— 
‘‘(A) a detailed accounting and description 
of each grant expenditure by each grant recipi-
ent, including the amount of, and purpose for, 
each expenditure; 
‘‘(B) the number of persons trained under 
the grant program, by training level; 
‘‘(C) an evaluation of the efficacy of such 
planning and training programs; and 
‘‘(D) any recommendations the Secretary 
may have for improving such grant programs.’’. 
SEC. 34005. PAPERLESS HAZARD COMMUNICATIONS PILOT 
PROGRAM. 
(a) IN GENERAL.—The Secretary may conduct pilot 
projects to evaluate the feasibility and effectiveness of 
using paperless hazard communications systems. At least 
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1 of the pilot projects under this section shall take place 
in a rural area. 
(b) REQUIREMENTS.—In conducting pilot projects 
under this section, the Secretary— 
(1) may not waive the requirements under sec-
tion 5110 of title 49, United States Code; and 
(2) shall consult with organizations rep-
resenting— 
(A) fire services personnel; 
(B) law enforcement and other appropriate 
enforcement personnel; 
(C) other emergency response providers; 
(D) persons who offer hazardous material 
for transportation; 
(E) persons who transport hazardous ma-
terial by air, highway, rail, and water; and 
(F) employees of persons who transport or 
offer for transportation hazardous material by 
air, highway, rail, and water. 
(c) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Secretary shall— 
(1) prepare a report on the results of the pilot 
projects carried out under this section, including— 
(A) a detailed description of the pilot 
projects; 
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(B) an evaluation of each pilot project, in-
cluding an evaluation of the performance of 
each paperless hazard communications system 
in such project; 
(C) an assessment of the safety and secu-
rity impact of using paperless hazard commu-
nications systems, including any impact on the 
public, emergency response, law enforcement, 
and the conduct of inspections and investiga-
tions; and 
(D) 
a 
recommendation 
on 
whether 
paperless 
hazard 
communications 
systems 
should be permanently incorporated into the 
Federal hazardous material transportation safe-
ty program under chapter 51 of title 49, United 
States Code; and 
(2) submit a final report to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives that con-
tains the results of the pilot projects carried out 
under this section, including the matters described 
in paragraph (1). 
(d) PAPERLESS HAZARD COMMUNICATIONS SYSTEM 
DEFINED.—In this section, the term ‘‘paperless hazard 
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communications system’’ means the use of advanced com-
munications methods, such as wireless communications 
devices, to convey hazard information between all parties 
in the transportation chain, including emergency respond-
ers and law enforcement personnel. The format of commu-
nication may be equivalent to that used by the carrier. 
SEC. 34006. IMPROVING DATA COLLECTION, ANALYSIS, AND 
REPORTING. 
(a) ASSESSMENT.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of the enactment of this Act, the Sec-
retary, in coordination with the Secretary of Home-
land Security, as appropriate, shall conduct an as-
sessment to improve the collection, analysis, report-
ing, and use of data related to accidents and inci-
dents involving the transportation of hazardous ma-
terial. 
(2) REVIEW.—The assessment conducted under 
this subsection shall review the methods used by the 
Pipeline and Hazardous Materials Safety Adminis-
tration (referred to in this section as the ‘‘Adminis-
tration’’) for collecting, analyzing, and reporting ac-
cidents and incidents involving the transportation of 
hazardous material, including the adequacy of— 
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(A) information requested on the accident 
and incident reporting forms required to be 
submitted to the Administration; 
(B) methods used by the Administration to 
verify that the information provided on such 
forms is accurate and complete; 
(C) accident and incident reporting re-
quirements, including whether such require-
ments should be expanded to include shippers 
and consignees of hazardous materials; 
(D) resources of the Administration related 
to data collection, analysis, and reporting, in-
cluding staff and information technology; and 
(E) the database used by the Administra-
tion for recording and reporting such accidents 
and incidents, including the ability of users to 
adequately search the database and find infor-
mation. 
(b) DEVELOPMENT
OF ACTION PLAN.—Not later 
than 9 months after the date of the enactment of this Act, 
the Secretary shall develop an action plan and timeline 
for improving the collection, analysis, reporting, and use 
of data by the Administration, including revising the data-
base of the Administration, as appropriate. 
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(c) SUBMISSION TO CONGRESS.—Not later than 15 
days after the completion of the action plan and timeline 
under subsection (c), the Secretary shall submit the action 
plan and timeline to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives. 
(d) 
REPORTING
REQUIREMENTS.—Section 
5125(b)(1)(D) is amended by inserting ‘‘and other haz-
ardous materials transportation incident reporting to the 
9–1–1 emergency system or involving State or local emer-
gency responders in the initial response to the incident’’ 
before the period at the end. 
SEC. 34007. LOADING AND UNLOADING OF HAZARDOUS MA-
TERIALS. 
(a) RULEMAKING.—Not later than 2 years after date 
of the enactment of this Act, the Secretary, after consulta-
tion with the Department of Labor and the Environmental 
Protection Agency, as appropriate, and after providing no-
tice and an opportunity for public comment shall prescribe 
regulations establishing uniform procedures among facili-
ties for the safe loading and unloading of hazardous mate-
rials on and off tank cars and cargo tank trucks. 
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(b) INCLUSION.—The regulations prescribed under 
subsection (a) may include procedures for equipment in-
spection, personnel protection, and necessary safeguards. 
(c) CONSIDERATION.—In prescribing regulations 
under subsection (a), the Secretary shall give due consid-
eration to carrier rules and procedures that produce an 
equivalent level of safety. 
SEC. 34008. HAZARDOUS MATERIAL TECHNICAL ASSESS-
MENT, RESEARCH AND DEVELOPMENT, AND 
ANALYSIS PROGRAM. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5117 the following: 
‘‘§ 5118. Hazardous material technical assessment, re-
search and development, and analysis 
program 
‘‘(a) RISK REDUCTION.— 
‘‘(1) PROGRAM AUTHORIZED.—The Secretary of 
Transportation may develop and implement a haz-
ardous material technical assessment, research and 
development, and analysis program for the purpose 
of— 
‘‘(A) reducing the risks associated with the 
transportation of hazardous material; and 
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‘‘(B) identifying and evaluating new tech-
nologies to facilitate the safe, secure, and effi-
cient transportation of hazardous material. 
‘‘(2) COORDINATION.—In developing the pro-
gram under paragraph (1), the Secretary shall— 
‘‘(A) utilize information gathered from 
other modal administrations with similar pro-
grams; and 
‘‘(B) coordinate with other modal adminis-
trations, as appropriate. 
‘‘(b) COOPERATION.—In carrying out subsection (a), 
the Secretary may work cooperatively with regulated and 
other entities, including shippers, carriers, emergency re-
sponders, State and local officials, and academic institu-
tions.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 51 is amended by inserting after the item 
relating to section 5117 the following: 
‘‘5118. Hazardous material technical assessment, research and development, and 
analysis program.’’. 
SEC. 34009. HAZARDOUS MATERIAL ENFORCEMENT TRAIN-
ING PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
multimodal hazardous material enforcement training pro-
gram for government hazardous materials inspectors and 
investigators— 
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(1) to develop uniform performance standards 
for training hazardous material inspectors and inves-
tigators; and 
(2) to train hazardous material inspectors and 
investigators on— 
(A) how to collect, analyze, and publish 
findings from inspections and investigations of 
accidents or incidents involving the transpor-
tation of hazardous material; and 
(B) how to identify noncompliance with 
regulations issued under chapter 51 of title 49, 
United States Code, and take appropriate en-
forcement action. 
(b) STANDARDS AND GUIDELINES.—Under the pro-
gram established under this section, the Secretary may de-
velop— 
(1) guidelines for hazardous material inspector 
and investigator qualifications; 
(2) best practices and standards for hazardous 
material inspector and investigator training pro-
grams; and 
(3) standard protocols to coordinate investiga-
tion efforts among Federal, State, and local jurisdic-
tions on accidents or incidents involving the trans-
portation of hazardous material. 
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(c) AVAILABILITY.—The standards, protocols, and 
findings of the program established under this section— 
(1) shall be mandatory for— 
(A) the Department of Transportation’s 
multimodal personnel conducting hazardous 
material enforcement inspections or investiga-
tions; and 
(B) State employees who conduct federally 
funded compliance reviews, inspections, or in-
vestigations; and 
(2) shall be made available to Federal, State, 
and local hazardous materials safety enforcement 
personnel. 
SEC. 34010. INSPECTIONS. 
(a) NOTICE OF ENFORCEMENT MEASURES.—Section 
5121(c)(1) is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (F), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(G) shall provide to the affected offeror, 
carrier, packaging manufacturer or tester, or 
other person responsible for the package rea-
sonable notice of— 
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‘‘(i) his or her decision to exercise his 
or her authority under paragraph (1); 
‘‘(ii) any findings made; and 
‘‘(iii) any actions being taken as a re-
sult of a finding of noncompliance.’’. 
(b) REGULATIONS.—Section 5121(e) is amended by 
adding at the end the following: 
‘‘(3) MATTERS TO BE ADDRESSED.—The regu-
lations issued under this subsection shall address— 
‘‘(A) the safe and expeditious resumption 
of transportation of perishable hazardous mate-
rial, including radiopharmaceuticals and other 
medical products, that may require timely deliv-
ery due to life-threatening situations; 
‘‘(B) the means by which— 
‘‘(i) 
noncompliant 
packages 
that 
present an imminent hazard are placed 
out-of-service until the condition is cor-
rected; and 
‘‘(ii) noncompliant packages that do 
not present a hazard are moved to their 
final destination; 
‘‘(C) appropriate training and equipment 
for inspectors; and 
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‘‘(D) the proper closure of packaging in 
accordance with the hazardous material regula-
tions.’’. 
(c) GRANTS AND COOPERATIVE AGREEMENTS.—Sec-
tion 5121(g)(1) is amended by inserting ‘‘safety and’’ be-
fore ‘‘security’’. 
SEC. 34011. CIVIL PENALTIES. 
Section 5123 is amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$50,000’’ and inserting ‘‘$75,000’’; and 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘$100,000’’ and inserting ‘‘$175,000’’; and 
(2) by adding at the end the following: 
‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS 
AND INVESTIGATIONS.—The Secretary may impose a pen-
alty on a person who obstructs or prevents the Secretary 
from carrying out inspections or investigations under sub-
section (c) or (i) of section 5121. 
‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPER-
ATIONS AFTER NONPAYMENT OF PENALTIES.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), a person subject to the jurisdiction of 
the Secretary under this chapter who fails to pay a 
civil penalty assessed under this chapter, or fails to 
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arrange and abide by an acceptable payment plan 
for such civil penalty, may not conduct any activity 
regulated under this chapter beginning on the 91st 
day after the date specified by order of the Secretary 
for payment of such penalty unless the person has 
filed a formal administrative or judicial appeal of the 
penalty. 
‘‘(2) EXCEPTION.—Paragraph (1) 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. 
‘‘(3) RULEMAKING.—Not later than 2 years 
after the date of the enactment of this subsection, 
the Secretary, after providing notice and an oppor-
tunity for public comment, shall issue regulations 
that— 
‘‘(A) set forth procedures to require a per-
son who is delinquent in paying civil penalties 
to cease any activity regulated under this chap-
ter until payment has been made or an accept-
able payment plan has been arranged; and 
‘‘(B) ensures that the person described in 
subparagraph (A)— 
‘‘(i) is notified in writing; and 
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‘‘(ii) is given an opportunity to re-
spond before the person is required to 
cease the activity.’’. 
SEC. 34012. REPORTING OF FEES. 
Section 5125(f)(2) is amended by striking ‘‘, upon 
the Secretary’s request,’’ and inserting ‘‘biennially’’. 
SEC. 34013. SPECIAL PERMITS, APPROVALS, AND EXCLU-
SIONS. 
(a) IN GENERAL.—Section 5117 is amended to read 
as follows: 
‘‘§ 5117. Special permits, approvals, and exclusions 
‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 
‘‘(1) CONDITIONS.—The Secretary of Transpor-
tation may issue, modify, or terminate a special per-
mit implementing new technologies or authorizing a 
variance from a provision under this chapter or a 
regulation prescribed under section 5103(b), 5104, 
5110, or 5112 to a person performing a function 
regulated by the Secretary under section 5103(b)(1) 
to achieve— 
‘‘(A) a safety level at least equal to the 
safety level required under this chapter; or 
‘‘(B) a safety level consistent with the pub-
lic interest and this chapter, if a required safety 
level does not exist. 
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‘‘(2) FINDINGS REQUIRED.— 
‘‘(A) IN GENERAL.—Before issuing, renew-
ing, or modifying a special permit or granting 
party status to a special permit, the Secretary 
shall determine that the person is fit to conduct 
the activity authorized by such permit in a 
manner that achieves the level of safety re-
quired under paragraph (1). 
‘‘(B) CONSIDERATIONS.—In making the 
determination under subparagraph (A), the 
Secretary shall consider— 
‘‘(i) the person’s safety history (in-
cluding prior compliance history); 
‘‘(ii) the person’s accident and inci-
dent history; and 
‘‘(iii) any other information the Sec-
retary considers appropriate to make such 
a determination. 
‘‘(3) EFFECTIVE
PERIOD.—A special permit 
issued under this section— 
‘‘(A) shall be for an initial period of not 
more than 2 years; 
‘‘(B) may be renewed by the Secretary 
upon application— 
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‘‘(i) for successive periods of not more 
than 4 years each; or 
‘‘(ii) in the case of a special permit re-
lating to section 5112, for an additional 
period of not more than 2 years. 
‘‘(b) APPLICATIONS.— 
‘‘(1) REQUIRED DOCUMENTATION.—When ap-
plying for a special permit or the renewal or modi-
fication of a special permit or requesting party sta-
tus to a special permit under this section, the Sec-
retary shall require the person to submit an applica-
tion that contains— 
‘‘(A) a detailed description of the person’s 
request; 
‘‘(B) a listing of the person’s current facili-
ties and addresses where the special permit will 
be utilized; 
‘‘(C) a safety analysis prescribed by the 
Secretary that justifies the special permit; 
‘‘(D) documentation to support the safety 
analysis; 
‘‘(E) a certification of safety fitness; and 
‘‘(F) proof of registration, as required 
under section 5108. 
‘‘(2) PUBLIC NOTICE.—The Secretary shall— 
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‘‘(A) publish notice in the Federal Register 
that an application for a special permit has 
been filed; and 
‘‘(B) provide the public an opportunity to 
inspect and comment on the application. 
‘‘(3) SAVINGS CLAUSE.—This subsection does 
not require the release of information protected by 
law from public disclosure. 
‘‘(c) COORDINATE AND COMMUNICATE WITH MODAL 
CONTACT OFFICIALS.— 
‘‘(1) IN GENERAL.—In evaluating applications 
under subsection (b), and making the findings and 
determinations under subsections (a), (e), and (h), 
the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall consult, co-
ordinate, or notify the modal contact official respon-
sible for the specified mode of transportation that 
will be utilized under a special permit or approval 
before— 
‘‘(A) issuing, modifying, or renewing the 
special permit; 
‘‘(B) granting party status to the special 
permit; or 
‘‘(C) issuing or renewing the special permit 
or approval. 
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‘‘(2) MODAL CONTACT OFFICIAL DEFINED.—In 
this section, the term ‘modal contact official’ 
means— 
‘‘(A) the Administrator of the Federal 
Aviation Administration; 
‘‘(B) the Administrator of the Federal 
Motor Carrier Safety; 
‘‘(C) the Administrator of the Federal 
Railroad Administration; and 
‘‘(D) the Commandant of the Coast Guard. 
‘‘(d) APPLICATIONS TO BE DEALT WITH PROMPT-
LY.—The Secretary shall— 
‘‘(1) issue, modify, renew, or grant party status 
to a special permit or approval for which a request 
was filed under this section, or deny the issuance, 
modification, renewal, or grant, on or before the last 
day of the 180-day period beginning on the first day 
of the month following the date of the filing of the 
request; or 
‘‘(2) publish a statement in the Federal Reg-
ister that— 
‘‘(A) describes the reason for the delay of 
the Secretary’s decision on the special permit or 
approval; and 
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‘‘(B) includes an estimate of the additional 
time necessary before the decision is made. 
‘‘(e) EMERGENCY PROCESSING
OF SPECIAL PER-
MITS.— 
‘‘(1) FINDINGS REQUIRED.—The Secretary may 
not grant a request for emergency processing of a 
special permit unless the Secretary determines 
that— 
‘‘(A) a special permit is necessary for na-
tional security purposes; 
‘‘(B) processing on a routine basis under 
this section would result in significant injury to 
persons or property; or 
‘‘(C) a special permit is necessary to pre-
vent significant economic loss or damage to the 
environment that could not be prevented if the 
application were processed on a routine basis. 
‘‘(2) WAIVER
OF
FITNESS
TEST.—The Sec-
retary may waive the requirement under subsection 
(a)(2) for a request for which the Secretary makes 
a determination under subparagraph (A) or (B) of 
paragraph (1). 
‘‘(3) NOTIFICATION.—Not later than 90 days 
after the date of issuance of a special permit under 
this subsection, the Secretary shall publish a notice 
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in the Federal Register of the issuance that in-
cludes— 
‘‘(A) a statement of the basis for the find-
ing of emergency; and 
‘‘(B) the scope and duration of the special 
permit. 
‘‘(4) EFFECTIVE
PERIOD.—A special permit 
issued under this subsection shall be effective for a 
period not to exceed 180 days. 
‘‘(f) EXCLUSIONS.— 
‘‘(1) IN
GENERAL.—The Secretary shall ex-
clude, in any part, from this chapter and regulations 
prescribed under this chapter— 
‘‘(A) a public vessel (as defined in section 
2101 of title 46); 
‘‘(B) a vessel exempted under section 3702 
of title 46 or from chapter 37 of title 46; and 
‘‘(C) a vessel to the extent it is regulated 
under the Ports and Waterways Safety Act of 
1972 (33 U.S.C. 1221, et seq.). 
‘‘(2) FIREARMS.—This chapter and regulations 
prescribed under this chapter do not prohibit— 
‘‘(A) or regulate transportation of a fire-
arm (as defined in section 232 of title 18), or 
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ammunition for a firearm, by an individual for 
personal use; or 
‘‘(B) transportation of a firearm or ammu-
nition in commerce. 
‘‘(g) LIMITATION ON AUTHORITY.—Unless the Sec-
retary decides that an emergency exists, a person subject 
to this chapter may only be granted a variance from this 
chapter through a special permit or renewal granted under 
this section. 
‘‘(h) APPROVALS.— 
‘‘(1) FINDINGS REQUIRED.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not issue an approval or grant the renewal of 
an approval pursuant to part 107 of title 49, 
Code of Federal Regulations until the Secretary 
has determined that the person is fit, willing, 
and able to conduct the activity authorized by 
the approval in a manner that achieves the level 
of safety required under subsection (a)(1). 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Sec-
retary shall consider— 
‘‘(i) the person’s safety history (in-
cluding prior compliance history); 
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‘‘(ii) the person’s accident and inci-
dent history; and 
‘‘(iii) any other information the Sec-
retary considers appropriate to make such 
a determination. 
‘‘(2) REQUIRED DOCUMENTATION.—When ap-
plying for an approval or renewal or modification of 
an approval under this section, the Secretary shall 
require the person to submit an application that con-
tains— 
‘‘(A) a detailed description of the person’s 
request; 
‘‘(B) a listing of the persons current facili-
ties and addresses where the approval will be 
utilized; 
‘‘(C) a safety analysis prescribed by the 
Secretary that justifies the approval; 
‘‘(D) documentation to support the safety 
analysis; 
‘‘(E) a certification of safety fitness; and 
‘‘(F) the verification of registration re-
quired under section 5108. 
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to require the release of 
information protected by law from public disclosure. 
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‘‘(i) NONCOMPLIANCE.—The Secretary may modify, 
suspend, or terminate a special permit or approval if the 
Secretary determines that— 
‘‘(1) the person who was granted the special 
permit or approval has violated the special permit or 
approval or the regulations issued under this chapter 
in a manner that demonstrates that the person is 
not fit to conduct the activity authorized by the spe-
cial permit or approval; or 
‘‘(2) the special permit or approval is unsafe. 
‘‘(j) RULEMAKING.—Not later than 2 years after the 
date of the enactment of the Hazardous Materials Trans-
portation Safety Improvement Act of 2012, the Secretary, 
after providing notice and an opportunity for public com-
ment, shall issue regulations that establish— 
‘‘(1) standard operating procedures to support 
administration of the special permit and approval 
programs; and 
‘‘(2) objective criteria to support the evaluation 
of special permit and approval applications. 
‘‘(k) ANNUAL REVIEW OF CERTAIN SPECIAL PER-
MITS.— 
‘‘(1) REVIEW.—The Secretary shall conduct an 
annual review and analysis of special permits— 
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‘‘(A) to identify consistently used and long-
standing special permits with an established 
safety record; and 
‘‘(B) to determine whether such permits 
may be converted into the hazardous materials 
regulations. 
‘‘(2) FACTORS.—In conducting the review and 
analysis under paragraph (1), the Secretary may 
consider— 
‘‘(A) the safety record for hazardous mate-
rials transported under the special permit; 
‘‘(B) the application of a special permit; 
‘‘(C) the suitability of provisions in the 
special permit for incorporation into the haz-
ardous materials regulations; and 
‘‘(D) rulemaking activity in related areas. 
‘‘(3) RULEMAKING.—After completing the re-
view and analysis under paragraph (1) and providing 
notice and opportunity for public comment, the Sec-
retary shall issue regulations, as needed.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by striking the item relating to 
section 5117 and inserting the following: 
‘‘5117. Special permits, approvals, and exclusions.’’. 
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SEC. 34014. HIGHWAY ROUTING DISCLOSURES. 
(a) 
LIST
OF
ROUTE
DESIGNATIONS.—Section 
5112(c) is amended— 
(1) by striking ‘‘In coordination’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—In coordination’’; and 
(2) by adding at the end the following: 
‘‘(2) STATE RESPONSIBILITIES.— 
‘‘(A) IN GENERAL.—Each State shall sub-
mit to the Secretary, in a form and manner to 
be determined by the Secretary and in accord-
ance with subparagraph (B)— 
‘‘(i) the name of the State agency re-
sponsible for hazardous material highway 
route designations; and 
‘‘(ii) a list of the State’s currently ef-
fective hazardous material highway route 
designations. 
‘‘(B) FREQUENCY.—Each State shall sub-
mit the information described in subparagraph 
(A)(ii)— 
‘‘(i) at least once every 2 years; and 
‘‘(ii) not later than 60 days after a 
hazardous material highway route designa-
tion is established, amended, or discon-
tinued.’’. 
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(b) COMPLIANCE WITH SECTION 5112.—Section 
5125(c)(1) is amended by inserting ‘‘, and is published 
in the Department’s hazardous materials route registry 
under section 5112(c)’’ before the period at the end. 
SEC. 34015. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 is amended to read as follows: 
‘‘§ 5128. Authorization of appropriations 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out this chapter (ex-
cept sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 
5119)— 
‘‘(1) $42,338,000 for fiscal year 2012; and 
‘‘(2) $42,762,000 for fiscal year 2013. 
‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE-
PAREDNESS
FUND.—From the Hazardous Materials 
Emergency Preparedness Fund established under section 
5116(i), the Secretary may expend, during each of fiscal 
years 2012 and 2013— 
‘‘(1) $188,000 to carry out section 5115; 
‘‘(2) $21,800,000 to carry out subsections (a) 
and (b) of section 5116, of which not less than 
$13,650,000 shall be available to carry out section 
5116(b); 
‘‘(3) $150,000 to carry out section 5116(f); 
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‘‘(4) $625,000 to publish and distribute the 
Emergency Response Guidebook under section 
5116(i)(3); and 
‘‘(5) $1,000,000 to carry out section 5116(j). 
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 
From the Hazardous Materials Emergency Preparedness 
Fund established pursuant to section 5116(i), the Sec-
retary may expend $4,000,000 for each of the fiscal years 
2012 and 2013 to carry out section 5107(e). 
‘‘(d) CREDITS TO APPROPRIATIONS.— 
‘‘(1) EXPENSES.—In addition to amounts oth-
erwise made available to carry out this chapter, the 
Secretary may credit amounts received from a State, 
Indian tribe, or other public authority or private en-
tity for expenses the Secretary incurs in providing 
training to the State, authority, or entity. 
‘‘(2) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available under this section shall remain avail-
able until expended.’’. 
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TITLE V—NATIONAL RAIL SYS-
TEM PRESERVATION, EXPAN-
SION, 
AND 
DEVELOPMENT 
ACT OF 2012 
SEC. 35001. SHORT TITLE. 
This title may be cited as the ‘‘National Rail System 
Preservation, Expansion, and Development Act of 2012’’. 
SEC. 35002. REFERENCES TO TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
Subtitle 
A—Federal 
and 
State 
Roles in Rail Planning and De-
velopment Tools 
SEC. 35101. RAIL PLANS. 
(a) LONG-RANGE NATIONAL RAIL PLAN.—Section 
103 is amended by amending subsection (j)(2) to read as 
follows: 
‘‘(2) in coordination with the Secretary of 
Transportation, develop and routinely update a long- 
range national rail plan pursuant to chapter 227;’’. 
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(b) NATIONAL RAIL PLAN.—Chapter 227 is amended 
to read as follows: 
‘‘§ 22701. National Rail Plan 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall— 
‘‘(1) not later than 1 year after the date of en-
actment of the National Rail System Preservation, 
Expansion, and Development Act of 2012— 
‘‘(A) develop a long-range national rail 
plan— 
‘‘(i) in coordination with the Adminis-
trator of the Federal Railroad Administra-
tion 
and 
the 
Surface 
Transportation 
Board; and 
‘‘(ii) in consultation with Amtrak, 
freight railroads, nonprofit employee labor 
organizations, and other rail industry 
stakeholders; and 
‘‘(B) submit the national rail plan under 
subparagraph (A) to the Committee on Com-
merce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and 
Infrastructure of the House of Representatives; 
‘‘(2) routinely update the national rail plan— 
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‘‘(A) in coordination with the Adminis-
trator of the Federal Railroad Administration 
and the Surface Transportation Board; and 
‘‘(B) in consultation with Amtrak, freight 
railroads, nonprofit employee labor organiza-
tions, and other rail industry stakeholders; and 
‘‘(3) submit the updated national rail plan 
under paragraph (2) at the same time as the Presi-
dent’s budget submission. 
‘‘(b) NATIONAL RAIL PLAN.—The national rail plan 
shall— 
‘‘(1) be subject to refinement by regional and 
State rail plans; 
‘‘(2) be consistent with the rail needs of the 
Nation and Federal surface transportation or multi- 
modal policies and plans, as determined by the Sec-
retary; 
‘‘(3) promote an integrated, cohesive, safe, effi-
cient, and optimized national rail system for the 
movement of goods and people and to support the 
national economy and other national needs; and 
‘‘(4) contain a specific national intercity pas-
senger rail development plan and a freight rail plan 
that are consistent with other Federal strategy, 
planning, and investment efforts. 
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‘‘(c) OBJECTIVES.—The objectives of the national rail 
plan are— 
‘‘(1) to implement a national policy and strat-
egy to support, preserve, improve, and further de-
velop existing and future high-speed and intercity 
passenger rail transportation and freight rail trans-
portation; and 
‘‘(2) to provide a national framework to be re-
fined and implemented by regional rail plans under 
section 22702 and State rail plans under 22703. 
‘‘(d) CONTENTS.—The national rail plan shall in-
clude— 
‘‘(1) the conditions under which Federal invest-
ments in intercity passenger rail and freight rail are 
justified, including consideration of— 
‘‘(A) population size and density; 
‘‘(B) projected population and economic 
growth and changing demographic characteris-
tics; 
‘‘(C) connections to local rail and bus tran-
sit, alternative transportation options, and 
multi-modal freight transportation nodes; 
‘‘(D) economic profile of specific markets; 
‘‘(E) congestion on existing transportation 
facilities and constraints on future capacity en-
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hancements, in relation to efficient movement of 
both goods and people; 
‘‘(F) distances between markets; 
‘‘(G) geographic characteristics; 
‘‘(H) demand for present and future 
freight rail transportation services; 
‘‘(I) ability to serve underserved commu-
nities and enhance intra-and inter-regional 
connectivity of mega-regions; 
‘‘(J) transportation safety data and anal-
yses; 
‘‘(K) travel market size; and 
‘‘(L) availability and quality of service 
from other transportation modes within a mar-
ket; 
‘‘(2) a national map with a prioritized designa-
tion of existing and developing markets to be served 
by specific rail routes and services that meet the cri-
teria described in paragraph (1); 
‘‘(3) defined corridor and service categories, in-
cluding— 
‘‘(A) services to be offered; 
‘‘(B) peak or average speeds to be 
achieved; 
‘‘(C) frequencies to be offered; and 
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‘‘(D) populations to be served; 
‘‘(4) a schedule and strategy for the phased im-
plementation of corridors and services identified in 
the plan; 
‘‘(5) a discussion of benefits and costs of poten-
tial investments in high-speed or intercity passenger 
rail or freight rail that considers all system user and 
public benefits and costs from a network perspective, 
including factors such as potential ridership, travel 
time reductions and improved reliability, benefits of 
enhanced mobility of goods and people, environ-
mental benefits, economic development benefits, and 
other public benefits; 
‘‘(6) a strategy for investments in passenger 
stations, including investment in intermodal stations 
that are linked to local public transportation, other 
intercity transportation modes, and non-motorized 
transportation options, and that connect residential 
areas, commercial areas, and other nearby transpor-
tation facilities that support intercity passenger rail 
and high-speed rail service, and in freight-related fa-
cilities, that is consistent with other Federal strat-
egy, planning, and investment efforts; 
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‘‘(7) performance standards for fiscal and oper-
ational performance of new and enhanced high-speed 
and intercity passenger rail services; 
‘‘(8) analysis of the environmental impacts of 
the national rail plan; 
‘‘(9) recommendations for project financing, 
management and implementation for corridor devel-
opment, station development, freight capacity devel-
opment, and similar projects; 
‘‘(10) recommendations for the integration of 
freight and passenger service in a manner that pro-
vides for mutual and complementary growth; 
‘‘(11) a plan for integrating any proposed new 
services with existing services; 
‘‘(12) service design and project execution pro-
tocols, including design and construction standards, 
requirements needed to ensure interoperability, and 
any other protocols the Secretary deems appropriate; 
and 
‘‘(13) additional factors that the Secretary 
deems relevant. 
‘‘§ 22702. Regional rail plans 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) develop a regional rail plan for each re-
gion, except the Northeast Corridor, that contains a 
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detailed plan for implementing the national rail plan, 
including any plans for public investment in projects 
that contribute to efficient movement and increased 
capacity for freight by— 
‘‘(A) regional rail authorities, as defined by 
the Secretary; or 
‘‘(B) any 2 or more States that have en-
tered into interstate compacts, agreements, or 
organizations for the purpose of developing 
such plans; and 
‘‘(2) in developing each regional rail plan, co-
ordinate with— 
‘‘(A) States; 
‘‘(B) local communities; 
‘‘(C) railroad infrastructure owners; 
‘‘(D) regional air quality planning agen-
cies; 
‘‘(E) Amtrak; 
‘‘(F) passenger rail service operators; 
‘‘(G) freight railroad operators; 
‘‘(H) metropolitan planning organizations; 
‘‘(I) governing authorities for transit sys-
tems or airports; 
‘‘(J) tribal governments; 
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‘‘(K) the general public, including low-in-
come and minority populations, people with dis-
abilities, and older Americans; and 
‘‘(L) non-profit labor employee organiza-
tions. 
‘‘(b) PURPOSES.—The purposes of a regional rail 
plan shall be to refine and advance the implementation 
of the national rail plan under section 22701. 
‘‘(c) CONTENTS.—A regional rail plan shall include— 
‘‘(1) a map— 
‘‘(A) that indicates detailed alignment al-
ternatives for any new corridor identified in the 
national rail plan under section 22701; and 
‘‘(B) that identifies the location of each 
potential new station; 
‘‘(2) a phasing plan for developing or upgrading 
specific segments of the regional network; 
‘‘(3) the identification of any environmental im-
pact analyses required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
or other laws (including regulations); 
‘‘(4) a full capital cost estimate for developing 
the regional network; 
‘‘(5) an analysis of operating financial fore-
casts; 
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‘‘(6) a benefit-cost analysis for the regional net-
work that considers both user and public benefits 
and the costs from a network perspective, including 
factors such as ridership projections, travel time re-
ductions, enhanced mobility benefits, environmental 
benefits, economic benefits, and other public bene-
fits; 
‘‘(7) an analysis of potential land use policies 
and strategies for areas near high-speed and inter-
city passenger rail stations; 
‘‘(8) potential non-Federal funding sources, in-
cluding a detailed consideration of anticipated pri-
vate sector participation; 
‘‘(9) a proposal for the institutional and govern-
ance structures that will be necessary to develop the 
regional network; 
‘‘(10) other project implementation consider-
ations, including an analysis of the readiness of spe-
cific corridors to proceed for development; 
‘‘(11) an examination of multi-modal connec-
tions that considers the most cost-effective means 
for achieving the region’s transportation goals and 
objectives; 
‘‘(12) identification of plans for cost-effective, 
public investment in intercity passenger rail projects 
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‘‘(2) REVIEW.—The Secretary shall prescribe 
procedures for a State to submit a State rail plan 
for review and approval, including standardized for-
mat and data requirements. 
‘‘(3) COMPLIANCE.—The Secretary shall deem 
a State rail plan to be in compliance with this chap-
ter if the State rail plan— 
‘‘(A) is completed before the date of enact-
ment of the National Rail System Preservation, 
Expansion, and Development Act of 2012; and 
‘‘(B) substantially meets the requirements 
of chapter 227 as in effect on the day before 
the date of enactment of the National Rail Sys-
tem Preservation, Expansion, and Development 
Act of 2012. 
‘‘(4) UPDATES.—A State rail plan that is 
deemed in compliance under paragraph (3) shall be 
updated not later than 1 year after the date of en-
actment of the National Rail System Preservation, 
Expansion, and Development Act of 2012. 
‘‘(e) CONTENTS.—A State rail plan shall include— 
‘‘(1) an inventory of the existing overall rail 
transportation system and rail services and facilities 
within the State; 
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‘‘(2) an analysis of the role of rail transpor-
tation within the State’s surface transportation sys-
tem; 
‘‘(3) a review of all rail lines within the State, 
including any proposed high-speed rail corridors and 
significant rail line segments not currently in serv-
ice; 
‘‘(4) a statement of the State’s passenger rail 
service objectives, including minimum service levels, 
for rail transportation routes within the State; 
‘‘(5) a general analysis of rail’s transportation, 
economic, and environmental impacts within the 
State, including congestion mitigation, trade and 
economic development, air quality, land-use, energy- 
use, and community impacts; 
‘‘(6) a long-range rail service and investment 
program for current and future freight and intercity 
passenger infrastructure within the State that meets 
the requirements under subsection (f); 
‘‘(7) a statement of the public financing issues 
for rail projects or service within the State, includ-
ing a list of current and prospective public capital 
and operating funding resources, public subsidies, 
State taxation, and other financial policies relating 
to rail infrastructure development; 
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‘‘(8) the identification of rail infrastructure 
issues within the State, after consulting with rel-
evant stakeholders; 
‘‘(9) a review of major passenger and freight 
intermodal rail connections and facilities within the 
State, including seaports; 
‘‘(10) a list of prioritized options to maximize 
service integration and efficiency between rail and 
other modes of transportation within the State; 
‘‘(11) a review of publicly funded projects with-
in the State to improve rail transportation safety 
and security, including major projects funded under 
section 130 of title 23; 
‘‘(12) a performance evaluation of passenger 
rail services operating in the State, including pos-
sible improvements to those services and a descrip-
tion of strategies to achieve the improvements; 
‘‘(13) a compilation of studies and reports on 
high-speed rail corridor development within the 
State that were not included in a prior plan under 
this chapter; 
‘‘(14) a plan for funding any recommended de-
velopment of a high-speed rail corridor within the 
State; and 
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‘‘(15) a statement that the State is in compli-
ance with the requirements of section 22102. 
‘‘(f) LONG-RANGE RAIL SERVICE AND INVESTMENT 
PROGRAM.— 
‘‘(1) CONTENTS.—A long-range rail service and 
investment program under subsection (e)(6) shall in-
clude— 
‘‘(A) a prioritized list of any freight or 
intercity passenger rail capital projects expected 
to be commenced or supported in whole or in 
part by the State; and 
‘‘(B) a detailed capital and operating fund-
ing plan for each rail capital project under sub-
paragraph (A). 
‘‘(2) RAIL CAPITAL PROJECTS LIST.— 
‘‘(A) CONTENTS.—A list of rail capital 
projects under paragraph (1)(A) shall include— 
‘‘(i) a description of the anticipated 
public and private benefits of each rail cap-
ital project; and 
‘‘(ii) a statement of the correlation be-
tween— 
‘‘(I) public funding contributions 
for each rail capital project; and 
‘‘(II) the public benefits. 
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‘‘(B) 
CONSIDERATIONS.—A 
State 
rail 
transportation authority shall consider, when 
preparing a list of rail capital projects under 
this subsection— 
‘‘(i) contributions made by non-Fed-
eral and non-State sources through user 
fees, matching funds, or other private cap-
ital involvement; 
‘‘(ii) rail capacity and congestion ef-
fects; 
‘‘(iii) effects on highway, aviation, and 
maritime capacity, congestion, and safety; 
‘‘(iv) regional balance; 
‘‘(v) environmental impact; 
‘‘(vi) economic and employment im-
pacts; and 
‘‘(vii) projected ridership and other 
service 
measures 
for 
passenger 
rail 
projects. 
‘‘(g) A State shall not be eligible to receive financial 
assistance under chapter 244 or 261 unless the State com-
pletes a State rail plan pursuant to this section. 
‘‘§ 22704. Transparency and coordination 
‘‘(a) PREPARATION AND REVIEW.— 
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‘‘(1) FEDERAL TRANSPARENCY.—The Secretary 
of Transportation shall provide adequate and rea-
sonable notice and an opportunity for comment to 
the public, rail carriers, commuter and transit au-
thorities (operating in or affected by rail operations 
within the region or State), units of local govern-
ment, and other interested parties when the Sec-
retary prepares or reviews the national rail plan 
under section 22701 or a regional rail plan under 
section 22702. 
‘‘(2) STATE
TRANSPARENCY.—A State shall 
provide adequate and reasonable notice and an op-
portunity for comment to the public, rail carriers, 
commuter and transit authorities (operating in or 
affected by rail operations within the region or the 
State), units of local government, and other inter-
ested parties, when the State prepares or reviews a 
State rail plan under section 22703. 
‘‘(b) 
INTERGOVERNMENTAL
COORDINATION.—A 
State shall— 
‘‘(1) review the freight and passenger rail serv-
ice activities and initiatives by regional planning 
agencies, regional transportation authorities, and 
municipalities (within the State or within the region 
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in which the State is located) when preparing a 
State rail plan; and 
‘‘(2) include any recommendations made by the 
regional planning agencies, regional transportation 
authorities, and municipalities (within the State or 
within the region in which the State is located), as 
deemed appropriate by the State. 
‘‘§ 22705. Definitions 
‘‘In this chapter: 
‘‘(1) PRIVATE
BENEFIT.—The term ‘private 
benefit’ means a benefit— 
‘‘(A) that is determined on a project-by- 
project basis, based upon an agreement between 
the parties; 
‘‘(B) that is accrued to a person or private 
entity, other than Amtrak, that directly im-
proves the economic and competitive condition 
of the person or private entity through im-
proved assets, cost reductions, service improve-
ments, or other means as defined by the Sec-
retary; or 
‘‘(C) that is defined by the Secretary, with 
advice from the States and rail carriers if the 
Secretary deems such advice necessary. 
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‘‘(2) PUBLIC BENEFIT.—The term ‘public ben-
efit’ means a benefit— 
‘‘(A) that is determined on a project-by- 
project basis, based upon an agreement between 
the parties; 
‘‘(B) that is accrued to the public, includ-
ing Amtrak, in the form of enhanced mobility 
of people or goods, environmental protection or 
enhancement, congestion mitigation, enhanced 
trade and economic development, improved air 
quality or land use, more efficient energy use, 
enhanced public safety or security, reduction of 
public expenditures due to improved transpor-
tation efficiency or infrastructure preservation, 
and any other positive community effects as de-
fined by the Secretary; or 
‘‘(C) that is defined by the Secretary, with 
advice from the States and rail carriers if the 
Secretary deems such advice necessary. 
‘‘(3) STATE.—The term ‘State’ means any of 
the 50 States and the District of Columbia. 
‘‘(4) STATE
RAIL
TRANSPORTATION
AUTHOR-
ITY.—The term ‘State rail transportation authority’ 
means the State agency or official responsible under 
the direction of the Governor of the State or a State 
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law for the preparation, maintenance, coordination, 
and administration of the State rail plan.’’. 
SEC. 35102. IMPROVED DATA ON DELAY. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation, in coordina-
tion with Amtrak, freight railroads, and other parties, as 
appropriate, shall develop guidance for developing im-
proved, including automated, means of measuring on-time 
performance delays. 
SEC. 35103. DATA AND MODELING. 
(a) DATA.—Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation 
shall conduct a data needs assessment, in consultation 
with the Surface Transportation Board, Amtrak, freight 
railroads, and State and local governments, to support the 
development of an efficient and effective intercity pas-
senger rail network. The data needs assessment shall, 
among other things— 
(1) identify the data needed to conduct cost-ef-
fective modeling and analysis for high-speed and 
intercity passenger rail development programs; 
(2) determine limitations to the data used for 
inputs and develop a strategy to address the limita-
tions; 
(3) identify barriers to accessing existing data; 
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(4) include recommendations regarding whether 
the authorization of additional data collection for 
intercity passenger rail travel is warranted; and 
(5) determine which entities will be responsible 
for generating or collecting needed data. 
(b) MODELING.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall develop or improve modeling capabilities to support 
the development of an efficient and effective intercity pas-
senger rail network, including service development, capac-
ity expansion, cost-effectiveness, and ridership estimates. 
(c) BENEFIT-COST ANALYSIS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Transportation shall enhance the usefulness of assess-
ments of benefits and costs, for both intercity passenger 
rail and freight rail projects by— 
(1) providing ongoing guidance and training on 
developing benefit and cost information for rail 
projects; 
(2) providing more direct and consistent re-
quirements for assessing benefits and costs across 
transportation funding programs, including the ap-
propriate use of discount rates; 
(3) requiring an applicant to clearly commu-
nicate the methodology that is used to calculate the 
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project benefits and costs, including information on 
assumptions underlying calculations, strengths and 
limitations of data used, and the level of uncertainty 
in estimates of project benefits and costs; and 
(4) ensuring that an applicant receives clear 
and consistent guidance on values to apply for key 
assumptions used to estimate potential project bene-
fits and costs. 
(d) CONFIDENTIAL DATA.—For the purposes of this 
section, the Secretary of Transportation shall protect any 
confidential data from public disclosure and such con-
fidential data shall only be provided on the basis of a vol-
untary agreement. 
SEC. 35104. SHARED-USE CORRIDOR STUDY. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall complete 
a shared-use corridor study, in consultation with the Sur-
face Transportation Board, Amtrak, freight railroads, 
States, non-profit employee labor organizations, and other 
users of the rail system, as appropriate, to evaluate the 
best means to enhance and support the further develop-
ment of high-speed and intercity passenger rail service 
within United States shared-use corridors. 
(b) CONTENTS.—In conducting the shared-use cor-
ridor study, the Secretary shall— 
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(1) survey the access arrangements for high- 
speed and intercity passenger rail service for use of 
rail infrastructure, assets and facilities owned by 
freight railroads, commuter authorities, or other en-
tities, and standard processes for the resolution of 
disputes relating to such access; 
(2) evaluate the roles and responsibilities of 
high-speed and intercity passenger rail, freight rail, 
and commuter rail service providers and infrastruc-
ture owners in complying with Federal, State, and 
local applicable requirements within United States 
shared-use corridors; 
(3) evaluate the roles and responsibilities of 
Federal, State, and local governments, infrastruc-
ture owners, and high speed and intercity passenger 
rail, freight rail, and commuter rail service providers 
in supporting both the preservation and expansion of 
high-speed and intercity passenger rail service, 
freight transportation, and commuter transportation 
on shared infrastructure or rights-of-way; 
(4) evaluate the roles and responsibilities of 
high-speed and intercity passenger rail, freight rail, 
and commuter rail service providers in achieving sat-
isfactory on time performance for passenger and 
freight rail services in shared use corridors; and 
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(5) evaluate other issues identified by the Sec-
retary. 
(c) REPORT.—Not later than 90 days after the date 
the shared-use corridor study is completed under sub-
section (a), the Secretary shall— 
(1) report the results of the shared-use corridor 
study to the Senate Committee on Commerce, 
Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and In-
frastructure; and 
(2) make the shared-use corridor study avail-
able to the public on the Department of Transpor-
tation’s website. 
SEC. 35105. COOPERATIVE EQUIPMENT POOL. 
(a) IN GENERAL.—The Next Generation Corridor 
Equipment Pool Committee established under section 305 
of the Passenger Rail Investment and Improvement Act 
of 2008 (49 U.S.C. 24101 note) shall continue to imple-
ment its authorized functions, as appropriate, and shall 
maintain and update, as needed, the specifications created 
by the Committee. 
(b) EQUIPMENT POOLING ENTITY.—Section 305 of 
the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note), is amended by adding at 
the end the following: 
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‘‘(f) EQUIPMENT POOLING ENTITY.— 
‘‘(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of the National Rail 
System Preservation, Expansion, and Development 
Act of 2012, the Committee shall create an equip-
ment pooling entity that includes— 
‘‘(A) Amtrak; 
‘‘(B) States that purchase, with Federal 
funds, intercity passenger rail rolling stock and 
equipment that is built in accordance with the 
specifications created by the Next Generation 
Corridor Equipment Pool Committee; and 
‘‘(C) other States and entities, as appro-
priate. 
‘‘(2) IN GENERAL.—The equipment pooling en-
tity— 
‘‘(A) may— 
‘‘(i) be a corporation or other coopera-
tive entity; and 
‘‘(ii) be owned or jointly-owned by 
Amtrak, a participating State, or other en-
tity; and 
‘‘(B) shall be authorized to— 
‘‘(i) lease or acquire intercity pas-
senger rail rolling stock and equipment 
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used in State-supported corridor services 
on routes that are not more than 750 
miles between end points, including by en-
tering into agreements for the funding, fi-
nancing, 
procurement, 
remanufacture, 
ownership, and disposal of the intercity 
passenger rail rolling stock and equipment; 
‘‘(ii) maintain, manage, and allocate 
intercity passenger rail rolling stock and 
equipment for use in State-supported cor-
ridor services, including by charging appro-
priate amounts for the use (including de-
preciation and financing costs) of the 
intercity passenger rail rolling stock and 
equipment; and 
‘‘(iii) ensure adequate quantity and 
quality of appropriate intercity passenger 
rail rolling stock and equipment to support 
the 
State-supported 
corridor 
services’ 
needs as identified in the national rail 
plan, regional rail plans, or State rail plans 
under chapter 227. 
‘‘(3) TRANSFER
OF
EQUIPMENT.—Amtrak, 
after consultation with the Secretary, may sell, lease, 
or otherwise transfer equipment currently owned or 
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leased by Amtrak to the equipment pooling entity. 
The operation and utilization of any equipment 
transferred to the equipment pooling entity shall be 
covered by section 24405(b). 
‘‘(4) TRANSFER REQUIREMENT.—A State shall 
sell, lease, or otherwise transfer equipment built in 
accordance with the specifications created by the 
Next Generation Corridor Equipment Pool Com-
mittee and purchased with Federal funds to the 
equipment pooling entity unless the Secretary ex-
empts a State from this requirement. 
‘‘(g) GRANT FUNDING.—A capital project to carry 
out this section shall be eligible for grants under chapter 
244. The equipment pooling entity shall be an eligible 
grant recipient under chapter 244.’’. 
SEC. 35106. PROJECT MANAGEMENT OVERSIGHT AND 
PLANNING. 
Section 101(d) of the Passenger Rail Investment and 
Improvement Act of 2008 (122 Stat. 4908) is amended— 
(1) by striking ‘‘1⁄2 of’’; and 
(2) by inserting ‘‘and joint capital planning’’ 
after ‘‘oversight’’. 
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SEC. 35107. IMPROVEMENTS TO THE CAPITAL ASSISTANCE 
PROGRAMS. 
(a) AMENDMENTS TO CHAPTER 244.—Chapter 244 
is amended— 
(1) in section 24401(1)— 
(A) by striking ‘‘or’’ the first place it ap-
pears; and 
(B) by striking ‘‘service.’’ and inserting 
‘‘service, or Amtrak.’’; 
(2) by amending section 24402(b) to read as 
follows: 
‘‘(b) PROJECT AS PART OF THE NATIONAL RAIL 
PLAN, REGIONAL RAIL PLANS, OR STATE RAIL PLANS.— 
‘‘(1) GRANT
APPROVAL.—The Secretary may 
not approve a grant for a project under this section 
unless the Secretary finds that— 
‘‘(A) the project is part of the national rail 
plan, a regional rail plan, or a State rail plan 
under chapter 227; or 
‘‘(B) the project is part of the capital 
spending plan under section 211 of the Pas-
senger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24902 note); and 
‘‘(C) the applicant or recipient has or will 
have directly or through appropriate agree-
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ments with other entities, as approved by the 
Secretary— 
‘‘(i) the legal, financial, and technical 
capacity to carry out the project; 
‘‘(ii) satisfactory continuing control 
over the use of the equipment or facilities; 
and 
‘‘(iii) the capability and willingness to 
maintain the equipment or facilities. 
‘‘(2) PROVISION OF INFORMATION.—An appli-
cant or recipient shall provide sufficient information 
for the Secretary to make the required findings 
under this subsection. 
‘‘(3) JUSTIFICATION.—An applicant or recipi-
ent, except for Amtrak, that did not select the pro-
posed operator of its service competitively shall pro-
vide written justification to the Secretary substan-
tiating— 
‘‘(A) why the proposed operator is the 
best, taking into account price and other fac-
tors; and 
‘‘(B) that the use of the proposed operator 
will not unnecessarily increase the cost of the 
project.’’; 
(3) in section 24402(c)— 
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(A) by amending paragraph (1)(A) to read 
as follows: 
‘‘(1) that the project be part of the national rail 
plan, a regional rail plan, or a State rail plan under 
chapter 227, or the capital spending plan under sec-
tion 211 of the Passenger Rail Investment and Im-
provement Act of 2008 (49 U.S.C. 24902 note);’’; 
(B) in paragraph (1)(D), by inserting ‘‘, 
except for Amtrak,’’ after ‘‘an applicant’’; 
(C) by amending paragraph (1)(F) to read 
as follows: 
‘‘(F) that each project be compatible with 
and operate in conformance with plans devel-
oped pursuant to the requirements of section 
135 of title 23, United States Code;’’; 
(D) in paragraph (2)(C), by striking 
‘‘and’’; 
(E) in paragraph (3)(B)(iii), by striking 
the period and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(4) achieve the appropriate mix of projects se-
lected for funding to ensure the advancement of the 
national rail plan, including both the development of 
new or expanded routes and services and the mainte-
nance and improvement of the current rail system.’’; 
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(4) by amending section 24402(d) to read as 
follows: 
‘‘(d) STATE RAIL PLANS.—State rail plans completed 
before the date of enactment of the Passenger Rail Invest-
ment and Improvement Act of 2008 (122 Stat. 4907) that 
substantially meet the requirements of chapter 227 as in 
effect on the day before the date of enactment of the Na-
tional Rail System Preservation, Expansion, and Develop-
ment Act of 2012, shall be deemed by the Secretary to 
have met the requirements of subsection (c)(1)(A) of this 
section.’’; 
(5) by amending section 24402(e) to read as 
follows: 
‘‘(e) PROJECT TRANSFERS.—The Secretary may per-
mit a recipient under this section to enter into a coopera-
tive agreement to transfer the grant and related respon-
sibilities and requirements to Amtrak to expedite, en-
hance, or otherwise facilitate the completion of the project 
and any such transfer shall be subject to the requirements 
of this chapter.’’; 
(6) in the heading of section 24402(f), by strik-
ing ‘‘AND EARLY SYSTEMS WORK AGREEMENTS’’; 
(7) by amending section 24402(f)(1) to read as 
follows: 
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‘‘(1) In implementing this section, the Secretary 
may issue a letter of intent to an applicant announc-
ing an intention to obligate, for a major capital 
project under this section, an amount from future 
available budget authority specified in law that is 
not more than the amount stipulated as the financial 
participation of the Secretary in the project.’’; 
(8) in section 24402(g) by— 
(A) amending paragraph (1)(B) to read as 
follows: 
‘‘(B) A grant— 
‘‘(i) for a project designated as part 
of a priority corridor or service by the na-
tional rail plan and scheduled within the 
national rail plan to be implemented within 
a time frame consistent with the grant ap-
plication shall not exceed 80 percent of the 
project net capital cost; 
‘‘(ii) for a project to implement a per-
formance improvement plan under section 
24710 shall not exceed 100 percent of the 
net project capital cost; and 
‘‘(iii) for any other project shall not 
exceed 50 percent of the net project capital 
cost.’’; and 
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(B) by adding at the end the following: 
‘‘(5) When Amtrak is an applicant under this 
chapter, it may use ticket and other revenues gen-
erated from its operations and other sources to sat-
isfy the non-Federal share requirements under this 
subsection, except that Amtrak may not use Federal 
funds authorized under subsections (a) or (c) of sec-
tion 101 of the Passenger Rail Investment and Im-
provement Act of 2008 (122 Stat. 4908).’’; 
(9) in section 24402(h), by striking ‘‘2’’ each 
place it appears and inserting ‘‘3’’; 
(10) in section 24402(i)(1), by striking ‘‘A met-
ropolitan planning organization, State transportation 
department, or other project sponsor’’ and inserting 
‘‘An applicant’’; 
(11) by amending section 24402(k) to read as 
follows: 
‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary 
shall make not less than 5 percent annually available from 
the amounts appropriated under section 24406 beginning 
in fiscal year 2009 for grants for capital projects eligible 
under this section not exceeding $10,000,000, including 
costs eligible under section 209(d) of the Passenger Rail 
Investment and Improvement Act of 2008 (49 U.S.C. 
24101 note). For grants awarded under this subsection, 
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the Secretary may waive one or more of the requirements 
of this section, including State rail plan requirements, or 
of section 24405(c)(1)(B), as appropriate.’’; 
(12) by amending section 24403(b) to read as 
follows: 
‘‘(b) SECRETARIAL
OVERSIGHT
AND
PARTICIPA-
TION.— 
‘‘(1) The Secretary may use not more than 1 
percent of amounts made available in a fiscal year 
for capital projects under this chapter to participate 
in the planning, management, and oversight of the 
development and implementation of any such 
projects. 
‘‘(2) The Secretary may use amounts available 
under paragraph (1) to directly undertake or make 
contracts for project planning and design participa-
tion or safety, procurement, management, and finan-
cial compliance reviews and audits of a recipient of 
grants awarded under this chapter. 
‘‘(3) The Federal Government shall pay the en-
tire cost of carrying out a contract under this sub-
section.’’; and 
(13) in section 24405 by adding ‘‘or between 
Amtrak and the railroad’’ after ‘‘railroad’’ in sub-
section (c)(1). 
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(b) CHAPTER 244 GRANT PROCEDURES.—Not later 
than 180 days after the date of enactment of this Act, 
the Secretary of Transportation shall issue a final rule es-
tablishing grant procedures, as required by section 
24402(a) of title 49, United States Code. 
(c) AMENDMENTS TO CHAPTER 261.—Chapter 261 
is amended— 
(1) in section 26106— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish and implement a high-speed rail corridor 
program consistent with the national rail plan, regional 
rail plans, and State rail plans required by chapter 227 
of title 49, United States Code.’’; 
(B) by amending subsection (b)(2) to read 
as follows: 
‘‘(2) CORRIDOR.—The term ‘corridor’ means— 
‘‘(A) a corridor designated by the Sec-
retary pursuant to section 104(d)(2) of title 23; 
or 
‘‘(B) a corridor expected to achieve high- 
speed service pursuant to section 22701 of title 
49.’’; 
(C) in subsection (e)(2)(A)— 
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(i) in clause (ii), by inserting ‘‘, di-
rectly or through appropriate agreements 
with other entities,’’ after ‘‘have’’; 
(ii) in clause (v), by inserting ‘‘, ex-
cept for Amtrak,’’ after ‘‘applicant’’; 
(iii) in clause (vi), by striking ‘‘; and’’ 
and inserting a semicolon; 
(iv) in clause (vii)(II), by striking ‘‘(if 
it is available)’’; and 
(v) by adding at the end the following: 
‘‘(viii) that the project and the high- 
speed rail services it supports are coordi-
nated and integrated with existing and 
planned conventional intercity passenger 
rail services; 
‘‘(ix) that the Secretary, and Amtrak 
at the Secretary’s request, are permitted to 
participate in the planning, design, man-
agement, and delivery of the project, as 
necessary to ensure project success and 
promote interstate commerce; and 
‘‘(x) that the Federal government is 
accorded 
an 
appropriate 
participation, 
oversight, ownership, or control in the 
project commensurate with the level of 
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Federal investment as determined by the 
Secretary;’’; and 
(D) in subsection (e)(4), by striking ‘‘pur-
suant to section 22506 of this title’’. 
(d) CONGESTION GRANTS.—Section 24105 is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘in cooperation with 
States’’ and ‘‘high priority rail corridor’’; 
(B) by striking ‘‘congestion’’ and inserting 
‘‘freight or commuter railroad congestion that 
impacts intercity passenger trains, enhance 
route performance, preserve service,’’; and 
(C) by striking the period and inserting 
‘‘on 
routes 
defined 
under 
section 
24102(5)(C).’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘or the Federal Railroad 
Administration’’ after ‘‘Amtrak’’; 
(B) by striking ‘‘congestion’’ and inserting 
‘‘freight or commuter railroad congestion that 
impacts intercity passenger trains, enhance 
route performance, preserve service,’’; 
(C) by striking ‘‘; and’’ and inserting a pe-
riod; and 
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(D) by striking paragraph (3); 
(3) in subsection (c), by striking ‘‘80’’ and in-
serting ‘‘100’’; and 
(4) in subsection (d), by inserting ‘‘, except that 
the Secretary may waive the requirements of section 
24405(c)(1)(B), as appropriate, for grants totaling 
less than $10,000,000’’ after ‘‘title’’. 
(e) ADDITIONAL HIGH-SPEED RAIL PROJECTS.— 
The Passenger Rail Investment and Improvement Act of 
2008 (122 Stat. 4907) is amended by striking section 502. 
SEC. 35108. LIABILITY. 
(a) CLARIFICATION
OF COMMUTER RAIL LIABIL-
ITY.—Section 28103 is amended— 
(1) in subsection (a)(2), by inserting, ‘‘, includ-
ing commuter rail passengers,’’ after ‘‘rail pas-
sengers,’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CONTRACTUAL OBLIGATIONS.—A provider of 
rail passenger transportation may enter into contracts 
that allocate financial responsibility for claims. Such con-
tracts shall be enforceable notwithstanding any other pro-
vision of law, common law, or public policy, or the nature 
of the conduct giving rise to the damages or liability.’’; 
and 
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(3) in subsection (e)— 
(A) by striking ‘‘and’’ at the end of para-
graph (2); 
(B) by striking the period at the end of 
paragraph (3) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) the term ‘rail passenger transportation’ in-
cludes commuter rail transportation.’’. 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Transportation shall conduct a study regarding op-
tions for clarifying and improving passenger rail li-
ability requirements and arrangements, including 
those related to environmental liability, necessary for 
supporting the continued development and improve-
ment of the national passenger rail system and the 
furtherance of the national rail plan under chapter 
227 of title 49, United States Code. The study shall 
consider— 
(A) whether to expand statutory liability 
limits to third parties; and 
(B) whether to revise the current statutory 
liability limits based on inflation or other meth-
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ods to improve the certainty of liability cov-
erage. 
(2) REPORT.—Not later than 90 days after the 
date of completion of the study, the Secretary shall 
submit the results of the study and any associated 
recommendations to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives. 
SEC. 35109. DISADVANTAGED BUSINESS ENTERPRISES. 
(a) DEFINITIONS.—In this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(2) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given the 
term in section 3 of the Small Business Act (15 
U.S.C. 632), except the term does not include any 
concern or group of concerns that— 
(A) are controlled by the same socially and 
economically disadvantaged individual or indi-
viduals; and 
(B) have average annual gross receipts 
over the preceding 3 fiscal years in excess of 
$22,410,000, as adjusted annually by the Sec-
retary for inflation. 
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(3) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED INDIVIDUALS.— 
(A) IN GENERAL.— 
(i) SOCIALLY
DISADVANTAGED
INDI-
VIDUALS.—The term ‘‘socially disadvan-
taged individuals’’ has the meaning given 
the term in section 8(a)(5)of the Small 
Business Act (15 U.S.C. 637(a)(5)), and 
relevant subcontracting regulations issued 
pursuant to that Act. 
(ii) ECONOMICALLY
DISADVANTAGED 
INDIVIDUALS.—The 
term 
‘‘economically 
disadvantaged individuals’’ has the mean-
ing given the term in section 8(a)(6) of the 
Small Business Act (15 U.S.C. 637(a)(6)), 
and relevant subcontracting regulations 
issued pursuant to that Act. 
(B) INCLUSIONS.—For purposes of this 
section, women shall be presumed to be socially 
and economically disadvantaged individuals. 
(b) IN GENERAL.—Except to the extent that the Sec-
retary determines otherwise, not less than 10 percent of 
the amounts made available for any program under chap-
ter 244, section 24105, or section 26106 of title 49, 
United States Code, shall be expended through a small 
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business concern owned and controlled by 1 or more so-
cially and economically disadvantaged individuals. 
(c) ANNUAL LISTING OF DISADVANTAGED SMALL 
BUSINESS CONCERNS.—Each State shall annually— 
(1) survey each small business concern in the 
State; 
(2) compile a list of all of the small business 
concerns in the State, including the location of each 
small business concern in the State; and 
(3) notify the Secretary, in writing, of the per-
centage of the small business concerns that— 
(A) are controlled by women; 
(B) are controlled by socially and economi-
cally disadvantaged individuals (except for 
women); and 
(C) are controlled by individuals who are 
women and who are socially and economically 
disadvantaged individuals. 
(d) UNIFORM CERTIFICATION.—The Secretary shall 
establish minimum uniform criteria for State governments 
to use in certifying whether a small business concern 
qualifies under this section. The minimum uniform criteria 
shall include— 
(1) an on-site visit; 
(2) a personal interview; 
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(3) a license; 
(4) an analysis of stock ownership; 
(5) an analysis of bonding capacity; 
(6) the listing of equipment; 
(7) the listing of work completed; and 
(8) a resume of each principal owner, the finan-
cial capacity, and the type of work preferred. 
(e) REPORTING.—The Secretary shall establish min-
imum requirements for State governments to use in re-
porting to the Secretary information concerning disadvan-
taged business enterprise awards, commitments, and 
achievements, and such other information as the Secretary 
determines appropriate for the proper monitoring of the 
disadvantaged business enterprise program. 
(f) COMPLIANCE WITH COURT ORDERS.—Nothing in 
this section shall limit the eligibility of a person to receive 
funds made available under chapter 244, section 24105, 
or section 26106 of title 49, United States Code, if the 
person is prevented, in whole or in part, from complying 
with subsection (b) because a Federal court issues a final 
order in which the court finds that the requirement of sub-
section (b) or the program established under subsection 
(b) is unconstitutional. 
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SEC. 35110. WORKFORCE DEVELOPMENT. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall, in con-
sultation with the States, local governments, Amtrak, 
freight railroad, and non-profit employee labor organiza-
tions— 
(1) complete a study regarding workforce devel-
opment needs in the passenger and freight rail in-
dustry, including what knowledge and skill gaps in 
planning, financing, engineering, and operating pas-
senger and freight rail systems exist, to assist in cre-
ating programs to help improve the rail industry; 
(2) make recommendations based on the results 
of the study; and 
(3) report the findings and recommendations to 
the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives. 
SEC. 35111. VETERANS EMPLOYMENT. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation shall— 
(1) conduct a study to evaluate the best means 
for providing a preference to veterans in the award-
ing of contracts and subcontracts using amounts 
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made available under chapter 244, and sections 
24105 and 26104 of title 49, United States Code; 
(2) make recommendations based on the results 
of the study; and 
(3) report the findings and recommendations to 
the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives. 
Subtitle B—Amtrak 
SEC. 35201. STATE-SUPPORTED ROUTES. 
(a) GRANT AVAILABILITY.—In addition to the uses 
permitted under section 209(d) of the Passenger Rail In-
vestment and Improvement Act of 2008 (49 U.S.C. 24101 
note), a State may use funds provided under section 
24406 of title 49, United States Code, to temporarily pay 
Amtrak some or all of the operating costs for services 
identified under section 24102(5)(D) of title 49, United 
States Code, determined under the methodology estab-
lished pursuant to section 209 of the Passenger Rail In-
vestment and Improvement Act of 2008 (49 U.S.C. 24101 
note), that exceed— 
(1) the operating costs (adjusted for inflation) 
that the State paid Amtrak for the same services in 
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the year prior to the implementation of section 209 
of that Act; or 
(2) if the services were not fully State-sup-
ported in that year, the full cost the State would 
have paid Amtrak under the State-supported service 
costing methodology then in effect. 
(b) TRANSITION ASSISTANCE GUIDANCE.—Not later 
than 180 days after the Surface Transportation Board de-
termines the appropriate methodology pursuant to section 
209 of the Passenger Rail Investment and Improvement 
Act of 2008 (49 U.S.C. 24101 note), the Secretary shall 
develop a transition assistance guidance that includes— 
(1) criteria for phasing-out the temporary oper-
ating assistance under this section not later than 
October 1, 2017; 
(2) a grant application process that permits— 
(A) States to apply for such funds individ-
ually or collectively; and 
(B) Amtrak to be considered the grant re-
cipient of such funds upon an agreement be-
tween a State or States and Amtrak; and 
(3) policies governing financial terms, repay-
ment conditions, and other terms of financial assist-
ance. 
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(c) ELIGIBILITY.—To be eligible for Federal transi-
tion assistance, an intercity passenger rail service shall 
provide high-speed or intercity passenger rail revenue op-
eration on routes that are subject to section 209 of the 
Passenger Rail Investment and Improvement Act of 2008 
(49 U.S.C. 24101 note). 
(d) FEDERAL SHARE.—The Federal share of grants 
under this paragraph for eligible costs may be up to 100 
percent of the total costs under subsection (a). 
SEC. 35202. NORTHEAST CORRIDOR INFRASTRUCTURE AND 
OPERATIONS ADVISORY COMMISSION. 
(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND 
OPERATIONS ADVISORY COMMISSION IMPROVEMENTS.— 
Section 24905 is amended— 
(1) by amending the section heading to read as 
follows: 
‘‘SEC. 24905. NORTHEAST CORRIDOR INFRASTRUCTURE 
AND OPERATIONS ADVISORY COMMISSION 
IMPROVEMENTS.’’; 
(2) by redesignating subsection (e) as sub-
section (g); 
(3) by striking subsections (a), (b), (c), (d), and 
(f) and inserting before subsection (g), as redesig-
nated, the following: 
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‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND 
OPERATIONS ADVISORY COMMISSION.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall establish a Northeast Corridor Infra-
structure and Operations Advisory Commission (re-
ferred to in this section as the ‘Commission’) to fos-
ter the creation and implementation of a unified, re-
gional, long-term investment strategy for the North-
east Corridor and to promote mutual cooperation 
and planning pertaining to the capital investment, 
rail operations and related activities of the North-
east Corridor. The Commission shall be made up 
of— 
‘‘(A) members representing Amtrak; 
‘‘(B) members representing the Depart-
ment of Transportation, including the Federal 
Railroad Administration and the Office of the 
Secretary; 
‘‘(C) 1 member from each of the States 
(including the District of Columbia) that con-
stitute the Northeast Corridor as defined in sec-
tion 24102, designated by, and serving at the 
pleasure of, the chief executive officer thereof; 
and 
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‘‘(D) non-voting representatives of freight 
railroad carriers using the Northeast Corridor 
selected by the Secretary. 
‘‘(2) MEMBERSHIP.—The Secretary shall en-
sure that the membership belonging to any of the 
groups enumerated under paragraph (1) shall not 
constitute a majority of the Commission’s member-
ships. 
‘‘(3) MEETINGS.—The Commission shall— 
‘‘(A) establish a schedule and location for 
convening meetings; 
‘‘(B) meet not less than 4 times per fiscal 
year; and 
‘‘(C) develop rules and procedures to gov-
ern the Commission’s proceedings. 
‘‘(4) VACANCIES.—A vacancy in the Commis-
sion shall be filled in the manner in which the origi-
nal appointment was made. 
‘‘(5) TRAVEL EXPENSES.—Members shall serve 
without pay but shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance 
with sections 5702 and 5703 of title 5. 
‘‘(6) CHAIRPERSON.—The Chairperson of the 
Commission shall be elected by the members. 
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‘‘(7) PERSONNEL.—The Commission may ap-
point and fix the pay of such personnel as the Com-
mission considers appropriate. 
‘‘(8) DETAILEES.—Upon request of the Com-
mission, the head of any department or agency of 
the United States may detail, on a reimbursable 
basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out 
its duties under this section. 
‘‘(9) ADMINISTRATIVE SUPPORT.—Upon the re-
quest of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a 
reimbursable basis, the administrative support serv-
ices necessary for the Commission to carry out its 
responsibilities under this section. 
‘‘(10) CONSULTATION
WITH
OTHER
ENTI-
TIES.—The Commission shall consult with other en-
tities as appropriate. 
‘‘(b) STATEMENT
OF GOALS
AND RECOMMENDA-
TIONS.— 
‘‘(1) STATEMENT OF GOALS.—The Commission 
shall develop a statement of goals concerning the fu-
ture of Northeast Corridor rail infrastructure and 
operations based on achieving expanded and im-
proved intercity, commuter, and freight rail services 
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operating with greater safety and reliability, reduced 
travel times, increased frequencies, and enhanced 
intermodal connections designed to address airport 
and highway congestion, reduce transportation en-
ergy consumption, improve air quality, and increase 
economic development of the Northeast Corridor re-
gion. 
‘‘(2) RECOMMENDATIONS.—The Commission 
shall develop recommendations based on the state-
ment of goals developed under this section address-
ing, as appropriate— 
‘‘(A) short-term and long-term capital in-
vestment needs beyond those specified in the 
state-of-good-repair plan under section 211 of 
the Passenger Rail Investment and Improve-
ment Act of 2008 (49 U.S.C. 24902 note); 
‘‘(B) future funding requirements for cap-
ital improvements and maintenance; 
‘‘(C) operational improvements of intercity 
passenger rail, commuter rail, and freight rail 
services; 
‘‘(D) opportunities for additional non-rail 
uses of the Northeast Corridor; 
‘‘(E) scheduling and dispatching; 
‘‘(F) safety and security enhancements; 
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‘‘(G) equipment design; 
‘‘(H) marketing of rail services; 
‘‘(I) future capacity requirements; and 
‘‘(J) potential funding and financing mech-
anisms for projects of corridor-wide signifi-
cance. 
‘‘(c) NORTHEAST
CORRIDOR
HIGH
SPEED
AND 
INTERCITY SERVICE DEVELOPMENT PLAN.— 
‘‘(1) 
LONG-RANGE
NORTHEAST
CORRIDOR 
SERVICE DEVELOPMENT PLAN.—The Federal Rail-
road Administration, in coordination with the Com-
mission, Amtrak, the States, and other corridor 
users, shall complete a long-range Northeast Cor-
ridor Service Development Plan not later than De-
cember 31, 2014. 
‘‘(2) COLLABORATION
AND
COOPERATION.— 
The parties comprising the Commission, acting sepa-
rately and collectively, shall collaborate and cooper-
ate to the maximum extent permitted by law in— 
‘‘(A) the preparation of the service devel-
opment plan; 
‘‘(B) the programmatic environmental re-
view process; and 
‘‘(C) the subsequent requirements required 
by the National Environmental Policy Act of 
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1969 (42 U.S.C. 4321 et seq.), including the 
development of supporting documentation. 
‘‘(d) COMPREHENSIVE
LONG-RANGE
NORTHEAST 
CORRIDOR STRATEGY.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
completion of the service development plan under 
subsection (c), the Commission shall develop a com-
prehensive long-range strategy for the future high- 
speed, intercity, commuter, and freight rail utiliza-
tion of the Northeast Corridor that considers— 
‘‘(A) the statement of goals developed 
under subsection (b)(1); 
‘‘(B) the recommendations developed under 
subsection (b)(2); 
‘‘(C) the economic development report 
under subsection (h); 
‘‘(D) the service development plan and re-
lated alternatives developed through the pro-
grammatic environmental review for the North-
east Corridor; 
‘‘(E) the capital and operating plans of all 
entities operating on the Northeast Corridor; 
‘‘(F) improvement programs and service 
initiatives planned by corridor owners and 
users; 
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‘‘(G) relevant local, State, and Federal 
transportation plans; and 
‘‘(H) other plans, as appropriate. 
‘‘(2) 
STRATEGY
COMPONENTS.—The 
com-
prehensive long-range strategy shall include— 
‘‘(A) a comprehensive program containing 
a description and the planned phasing of all 
Northeast Corridor improvement programs, in-
vestments, and other anticipated changes; 
‘‘(B) the impacts of the comprehensive 
program on: 
‘‘(i) highway and aviation congestion; 
‘‘(ii) economic development; 
‘‘(iii) job creation; and 
‘‘(iv) the environment; 
‘‘(C) the potential financing sources for the 
comprehensive program, including Federal, 
State, local, and private sector sources; 
‘‘(D) new institutional or other structures 
necessary to implement the comprehensive pro-
gram; 
‘‘(E) the types of collaboration, participa-
tion, arrangements, and support between Am-
trak and the Federal Government, the State 
and local governments in the Northeast Cor-
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ridor, the commuter rail authorities and freight 
railroads that utilize the Northeast Corridor, 
the private sector, and others, as appropriate, 
that are necessary to achieve the comprehensive 
program; and 
‘‘(F) any regulatory or statutory changes 
necessary to efficiently advance the comprehen-
sive program. 
‘‘(e) ACCESS COSTS.— 
‘‘(1) DEVELOPMENT
OF
STANDARDIZED
FOR-
MULA.—Not later than September 30, 2013, the 
Commission shall— 
‘‘(A) develop a standardized formula for 
determining and allocating costs, revenues, and 
compensation for Northeast Corridor commuter 
rail passenger transportation (as defined in sec-
tion 24102) on the Northeast Corridor main 
line between Boston, Massachusetts, and Wash-
ington, District of Columbia, and the Northeast 
Corridor branch lines connecting to Harrisburg, 
Pennsylvania, Springfield, Massachusetts, and 
Spuyten Duyvil, New York, that use Amtrak fa-
cilities or services or that provide such facilities 
or services to Amtrak that ensures that— 
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‘‘(i) there is no cross-subsidization of 
commuter rail passenger, intercity rail pas-
senger, or freight rail transportation; 
‘‘(ii) each service is assigned the costs 
incurred only for the benefit of that serv-
ice, and a proportionate share, based upon 
factors that reasonably reflect relative use, 
of costs incurred for the common benefit of 
more than 1 service; and 
‘‘(iii) all financial contributions made 
by an operator of a service that benefit an 
infrastructure owner other than the oper-
ator are considered, including any capital 
infrastructure investments and in-kind 
services; 
‘‘(B) develop a proposed timetable for im-
plementing the formula not later than Decem-
ber 31, 2014; 
‘‘(C) transmit the proposed timetable to 
the Surface Transportation Board; and 
‘‘(D) at the request of a Commission mem-
ber, petition the Surface Transportation Board 
to appoint a mediator to assist the Commission 
members through non-binding mediation to 
reach an agreement under this section. 
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‘‘(2) IMPLEMENTATION.—Amtrak and public 
authorities providing commuter rail passenger trans-
portation on the Northeast Corridor shall implement 
new agreements for usage of facilities or services 
based on the standardized formula under paragraph 
(1) in accordance with the timetable established 
therein. If the entities fail to implement the new 
agreements in accordance with the timetable, the 
Commission shall petition the Surface Transpor-
tation Board to determine the appropriate com-
pensation amounts for such services under section 
24904(c). The Surface Transportation Board shall 
enforce its determination on the party or parties in-
volved. 
‘‘(3) REVISIONS.—The Commission may make 
necessary revisions to the standardized formula de-
veloped under paragraph (1), including revisions 
based on Amtrak’s financial accounting system de-
veloped under section 203 of the Passenger Rail In-
vestment and Improvement Act of 2008 (49 U.S.C. 
24101 note). 
‘‘(f) TRANSMISSION OF STATEMENT OF GOALS, REC-
OMMENDATIONS, AND PLANS.—The Commission shall 
transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
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Transportation and Infrastructure of the House of Rep-
resentatives— 
‘‘(1) not later than 60 days after the date of 
enactment of the National Rail System Preservation, 
Expansion, and Development Act of 2012, the state-
ment of goals under subsection (b); 
‘‘(2) annually beginning on December 31, 2012, 
the recommendations under subsection (b)(2) and 
the standardized formula and timetable under sub-
section (e)(1); and 
‘‘(3) the comprehensive long-range strategy 
under this section.’’.; and 
(4) by inserting after subsection (g), as redesig-
nated, the following 
‘‘(h) REPORT ON NORTHEAST CORRIDOR ECONOMIC 
DEVELOPMENT.—Not later than September 30, 2013, the 
Commission shall transmit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of 
the House of Representatives on the role of Amtrak’s 
Northeast Corridor service between Washington, District 
of Columbia, and Boston, Massachusetts, in the economic 
development of the Northeast Corridor region. The report 
shall examine how to enhance the utilization of the North-
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east Corridor for greater economic development, includ-
ing— 
‘‘(1) improving real estate utilization; 
‘‘(2) improved intercity, commuter, and freight 
services; and 
‘‘(3) improving optimum utility utilization. 
‘‘(i) NORTHEAST CORRIDOR SAFETY COMMITTEE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a Northeast Corridor Safety Committee com-
posed of members appointed by the Secretary. The 
members shall be representatives of— 
‘‘(A) the Department of Transportation, 
including the Federal Railroad Administration; 
‘‘(B) Amtrak; 
‘‘(C) freight carriers operating more than 
150,000 train miles a year on the main line of 
the Northeast Corridor; 
‘‘(D) commuter rail agencies; 
‘‘(E) rail passengers; 
‘‘(F) rail labor; and 
‘‘(G) other individuals and organizations 
the Secretary decides have a significant interest 
in rail safety or security. 
‘‘(2) FUNCTION; MEETINGS.—The Secretary 
shall consult with the Committee about safety and 
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security improvements on the Northeast Corridor 
main line. The Committee shall meet not less than 
2 times per year to consider safety and security mat-
ters on the main line. 
‘‘(3) REPORT.—At the beginning of the first 
session of each Congress, the Secretary shall submit 
a report to the Commission and to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives on the 
status of efforts to improve safety and security on 
the Northeast Corridor main line. The report shall 
include the safety and security recommendations of 
the Committee and the comments of the Secretary 
on those recommendations.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for chapter 249 is amended by striking the item re-
lating to section 24905 and inserting the following: 
‘‘24905. Northeast corridor infrastructure and operations advisory commission 
improvements.’’. 
SEC. 35203. NORTHEAST CORRIDOR HIGH-SPEED RAIL IM-
PROVEMENT PLAN. 
(a) PLANS.—Not later than 180 days after the date 
of enactment of this Act, Amtrak shall— 
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(1) complete a refined vision for an integrated 
program of improvements on the Northeast Corridor 
that will result in, by 2040— 
(A) the development and operation of a 
new high-speed rail system capable of high ca-
pacity, 200 mile-per-hour or greater operation 
between Washington, District of Columbia and 
Boston, Massachusetts; 
(B) the completion of the improvements 
identified in the Northeast Corridor Infrastruc-
ture Master Plan published by Amtrak on May 
19, 2010; and 
(C) the continued operation of existing and 
currently planned intercity, commuter, and 
freight services utilizing the Northeast Corridor 
during the implementation of the program; and 
(2) complete a business and financing plan to 
achieve the program under paragraph (1) that iden-
tifies the estimated— 
(A) benefits and costs of the program, in-
cluding ridership, revenues, capital and oper-
ating costs, and cash flow projections; 
(B) implementation schedule, including the 
phasing of the program into achievable seg-
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ments that maximize the benefits and support 
the ultimate completion of the program; 
(C) potential financing sources for the pro-
gram, including Federal, State, local, and pri-
vate sector sources; and 
(D) organization changes, new institutional 
or corporate arrangements, partnerships, pro-
curement techniques, and other structures nec-
essary to implement the program. 
(b) SUPPORT.—The Secretary of Transportation 
shall provide appropriate support, assistance, oversight, 
and guidance to Amtrak during the preparation of the 
plans under subsection (a). 
(c) SUBMISSION.—Amtrak shall submit the refined 
vision and an appropriate elements of the business and 
financing plan to the Federal Railroad Administration and 
the Northeast Corridor Infrastructure and Operations Ad-
visory Commission for use in the development of the 
Northeast Corridor High Speed and Intercity Service De-
velopment Plan and the Comprehensive Long-Range 
Northeast Corridor Strategy. 
(d) HIGH-SPEED RAIL EQUIPMENT.—The Secretary 
of Transportation shall not preclude the use of Federal 
funds made available to purchase rolling stock to purchase 
any equipment used for ‘‘high-speed rail’’ (as defined in 
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section 26106(b)(4) of title 49, United States Code) that 
otherwise complies with all applicable Federal standards. 
SEC. 35204. NORTHEAST CORRIDOR ENVIRONMENTAL RE-
VIEW PROCESS. 
(a) NORTHEAST CORRIDOR.—Not later than 90 days 
after the date of enactment of this Act, the Secretary shall 
complete a plan and a schedule for the completion of the 
programmatic environmental review for the Northeast 
Corridor. The schedule shall require the completion of the 
programmatic environmental review for the Northeast 
Corridor not later than 3 years after the date of enactment 
of this Act. 
(b) COORDINATION WITH
THE NORTHEAST COR-
RIDOR INFRASTRUCTURE
AND OPERATIONS ADVISORY 
COMMISSION.—The Federal Railroad Administration shall 
closely coordinate the programmatic environmental review 
process with the Northeast Corridor Infrastructure and 
Operations Advisory Commission. 
SEC. 35205. DELEGATION AUTHORITY. 
(a) DELEGATION OF AUTHORITY.—In carrying out 
programmatic or project level environmental reviews for 
high speed and intercity passenger rail programs, projects, 
or services, the Secretary may delegate to Amtrak any or 
all of the Secretary’s authority and responsibility under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
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4321 et seq.), section 106 of the National Historic Preser-
vation Act of 1966 (16 U.S.C. 470f), section 4(f) of the 
Department of Transportation Act (80 Stat. 934), section 
404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344), and section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536), and may provide to Amtrak 
any related funding provided to the Secretary for such 
purposes as the Secretary deems necessary if— 
(1) Amtrak agrees in writing to assume the del-
egated authority and responsibility; 
(2) Amtrak has or can obtain sufficient re-
sources or the Secretary provides such resources to 
Amtrak to appropriately carry out such authority or 
responsibility; and 
(3) delegating the authority and responsibility 
will improve the quality or timeliness of the environ-
mental review. 
SEC. 35206. AMTRAK INSPECTOR GENERAL. 
(a) IN GENERAL.—Chapter 243 is amended by add-
ing after section 24316 the following: 
‘‘§ 24317. Inspector general 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Office of the In-
spector General of Amtrak the following amounts: 
‘‘(1) For fiscal year 2009, $20,000,000. 
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‘‘(2) For fiscal year 2010, $21,000,000. 
‘‘(3) For fiscal year 2011, $22,000,000. 
‘‘(4) For fiscal year 2012, $22,000,000. 
‘‘(5) For fiscal year 2013, $23,000,000. 
‘‘(b) AUTHORITY.— 
‘‘(1) IN GENERAL.—The Inspector General of 
Amtrak shall have the authority available to other 
Inspectors General, as necessary in carrying out the 
duties specified in the Inspector General Act 1978 
(5 U.S.C. App. 3), to investigate any alleged viola-
tion of sections 286, 287, 371, 641, 1001, 1002 and 
1516 of title 18. 
‘‘(2) AGENCY.—Solely for purposes of sections 
286, 287, 371, 641, 1001, 1002, and 1516 of title 
18, Amtrak and the Amtrak Office of the Inspector 
General, shall be considered a corporation in which 
the United States has a proprietary interest as set 
forth in section 6 of such title. 
‘‘(c) FALSE CLAIMS.—Claims made or presented to 
Amtrak shall be considered as claims under section 
3729(b)(2)(A)(ii) of title 31. Statements made or pre-
sented to Amtrak shall be considered as statements under 
subparagraphs (B) and (G) of section 3729(a)(1) of such 
title. 
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‘‘(d) LIMITATION.—Subsections (b) and (c) shall be 
effective only with respect to a fiscal year for which Am-
trak receives a Federal subsidy. 
‘‘(e) QUALIFIED IMMUNITY.— 
‘‘(1) IN GENERAL.—An employee of the Amtrak 
Office of Inspector General shall enjoy the same per-
sonal qualified immunity from lawsuit or liability as 
the employees of the Department of Transportation 
Office of Inspector General with respect to the per-
formance of investigative, audit, inspection, or eval-
uation functions authorized under the Inspector 
General Act of 1978 (5 U.S.C. App.) that are car-
ried out for the Amtrak Office of Inspector General. 
‘‘(2) FEDERAL
GOVERNMENT
LIABILITY.—No 
liability of any kind shall attach to or rest upon the 
United States for any damages from or by any ac-
tions of the Amtrak Office of Inspector General, its 
employees, agents, or representatives. 
‘‘(f) SERVICES.—Amtrak and the Inspector General 
of Amtrak may obtain services under sections 502(a) and 
602 of title 40, including travel programs, from the Ad-
ministrator of General Services. The Administrator of 
General Services shall provide services under sections 
502(a) and 602 of title 40, to Amtrak and the Inspector 
General.’’. 
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(b) MANAGEMENT ASSESSMENT.—Section 24310 is 
amended to read as follows: 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of the Passenger Rail Investment and 
Improvement Act of 2008 (122 Stat. 4907) and 2 years 
thereafter— 
‘‘(1) the Inspector General of the Department 
of Transportation shall complete an overall assess-
ment of the progress made by the Department of 
Transportation in implementing the provisions of 
that Act; and 
‘‘(2) the Inspector General of Amtrak shall 
complete an overall assessment of the progress made 
by Amtrak management in implementing the provi-
sions of the Passenger Rail Investment and Im-
provement Act of 2008 (122 Stat. 4907). 
‘‘(b) ASSESSMENT.—The management assessment by 
the Amtrak Inspector General may include a review of— 
‘‘(1) the effectiveness in improving annual fi-
nancial planning; 
‘‘(2) the effectiveness in improving financial ac-
counting; 
‘‘(3) Amtrak management’s efforts to imple-
ment minimum train performance standards; 
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‘‘(4) Amtrak management’s progress toward 
maximizing revenues, minimizing Federal subsidies, 
and improving financial results; and 
‘‘(5) any other aspect of Amtrak operations 
that the Amtrak Inspector General finds appro-
priate.’’. 
(c) INSPECTOR GENERAL POLICIES
AND PROCE-
DURES.—The Amtrak Inspector General and Amtrak 
shall— 
(1) continue to follow the policies and proce-
dures for interacting with one another in a manner 
that is consistent with the Inspector General Act of 
1978 (5 U.S.C. App.), as approved by the Council 
of the Inspectors General on Integrity and Effi-
ciency; and 
(2) work toward establishing proper protocols 
and firewalls to maintain the Amtrak Inspector Gen-
eral’s independence, as appropriate. 
(d) IMPROVEMENTS.—The Amtrak Inspector General 
and Amtrak shall identify any funding needs and author-
ity improvements necessary to effectuate the policies, pro-
cedures, protocols, and firewalls under subsection (c) and 
submit a report of the necessary funding and authority 
improvements as part of their annual budget requests. 
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(e) TECHNICAL AMENDMENT.—Section 101 of the 
Passenger Rail Investment and Improvement Act of 2008 
(122 Stat. 4907), is amended by striking subsection (b) 
and inserting the following: 
‘‘(b) [Reserved].’’. 
(f) CLERICAL AMENDMENT.—The table of contents 
for chapter 243 is amended by adding at the end the fol-
lowing: 
‘‘24317. Inspector General.’’. 
SEC. 35207. COMPENSATION FOR PRIVATE-SECTOR USE OF 
FEDERALLY-FUNDED ASSETS. 
If capital assets that are owned by a public entity 
or Amtrak built or improved with Federal funds author-
ized under subtitle V of title 49, United States Code, are 
made available for exclusive use by a for-profit entity, ex-
cept for an entity owned or controlled by the Department 
of Transportation, for the purpose of providing intercity 
passenger rail service, the Secretary may require, as ap-
propriate, that the for-profit entity provide adequate com-
pensation, as determined by the Secretary, to the United 
States for the use of the capital assets in an amount that 
reflects the benefit of the Federal funding to the for-profit 
entity. 
SEC. 35208. ON-TIME PERFORMANCE. 
Where the on time performance of any intercity pas-
senger train averages less than 80 percent for any 2 con-
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secutive calendar quarters and the failure to meet such 
performance levels is solely the responsibility of the host 
railroad, Amtrak shall not pay the host railroad any incen-
tive payments for on time performance of the subject 
intercity passenger train during such calendar quarters. 
SEC. 35209. BOARD OF DIRECTORS. 
Section 24302(a)(3) is amended by striking ‘‘5’’ the 
second place it appears and inserting ‘‘4’’. 
SEC. 35210. AMTRAK. 
Section 24305(f) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(5) The requirements under this subsection 
shall apply to all contracts eligible for assistance 
under this chapter for a project carried out within 
the scope of the applicable finding, determination, or 
decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
the funding source of such contracts, if at least 1 
contract for the project is funded with amounts 
made available to carry out this chapter.’’. 
Subtitle C—Rail Safety 
Improvements 
SEC. 35301. POSITIVE TRAIN CONTROL. 
(a) REVIEW AND APPROVAL.—Section 20157(c) is 
amended to read as follows: 
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‘‘(c) REVIEW AND APPROVAL.— 
‘‘(1) REVIEW.—Not later than 90 days after 
the Secretary receives a proposed plan, the Secretary 
shall review and approve or disapprove it. If a pro-
posed plan is not approved, the Secretary shall no-
tify the affected railroad carrier or other entity as 
to the specific deficiencies in the proposed plan. The 
railroad carrier or other entity shall correct the defi-
ciencies not later than 30 days after receipt of the 
written notice. 
‘‘(2) AMENDMENTS.—The Secretary shall re-
view any amendments to a plan in the time frame 
required by section (1). 
‘‘(3) ANNUAL
REVIEW.—The Secretary shall 
conduct an annual review to ensure that each rail-
road carrier and entity is complying with its plan, 
including a railroad carrier or entity that elects to 
fully implement a positive train control system prior 
to the required deadline.’’. 
(b) REPORT CRITERIA.—Section 20157(d) is amend-
ed to read as follows: 
‘‘(d) REPORT.—Not later than June 30, 2012, the 
Secretary shall submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
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House of Representatives on the progress of the railroad 
carriers in implementing the positive train control sys-
tems, including— 
‘‘(1) the likelihood that each railroad will meet 
the December 31, 2015 deadline; 
‘‘(2) the obstacles to each railroad’s successful 
implementation, including the obstacles identified in 
the General Accountability Office’s report issued on 
December 15, 2010, and titled ‘Rail Safety: Federal 
Railroad Administration Should Report on Risks to 
Successful Implementation of Mandated Safety 
Technology’ (GAO–11–133); and 
‘‘(3) the actions that Congress, railroads, rel-
evant Federal entities, and other stakeholders can 
take to mitigate obstacles to successful implementa-
tion.’’. 
(c) EXTENSION
AUTHORITY.—Section 20157 is 
amended— 
(1) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) EXTENSION.— 
‘‘(1) IN GENERAL.—After completing the report 
under subsection (d), the Secretary may extend in 1 
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year increments, upon application, the implementa-
tion deadline, if the Secretary— 
‘‘(A) determines that— 
‘‘(i) full implementation will likely be 
infeasible due to circumstances beyond the 
control of the applicant, including funding 
availability, spectrum acquisition, resource 
and technology availability, and interoper-
ability standards; 
‘‘(ii) the applicant has demonstrated 
good faith in its positive train control im-
plementation; 
‘‘(iii) the applicant has presented a re-
vised positive train control implementation 
plan indicating how it will fully implement 
positive train control as soon as feasible, 
and not later than December 31, 2018; 
and 
‘‘(iv) such extension will not extend 
beyond December 31, 2018; and 
‘‘(B) takes into consideration— 
‘‘(i) whether the affected areas of 
track have been identified as areas of 
greater risk to the public and railroad em-
ployees in the applicant’s positive train 
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control implementation plan under section 
236.1011(a)(4) of title 49, Code of Federal 
Regulations; and 
‘‘(ii) the risk of operational failure to 
the affected service areas and the appli-
cant. 
‘‘(2) APPLICATION
REVIEW.—The Secretary 
shall review an application submitted pursuant to 
paragraph (1) and approve or disapprove the appli-
cation not later than 10 days after the application 
is received.’’. 
(d) APPLICABILITY.—Section 20157 is amended by 
striking ‘‘transported;’’ in subsection (a)(1)(B) and insert-
ing ‘‘transported on or after December 31, 2015;’’. 
SEC. 35302. ADDITIONAL ELIGIBILITY FOR RAILROAD RE-
HABILITATION AND IMPROVEMENT FINANC-
ING. 
(a) POSITIVE TRAIN CONTROL SYSTEMS.—Section 
502(b)(1) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(b)(1)), is amended— 
(1) in subparagraph (B) by striking ‘‘or’’; 
(2) in subparagraph (C) by striking ‘‘facilities.’’ 
and inserting ‘‘facilities; or’’; and 
(3) by adding at the end the following: 
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‘‘(D) implement a positive train control 
system, as required by section 20157 of title 
49, United States Code.’’. 
(b) POSITIVE TRAIN CONTROL COLLATERAL.—Sec-
tion 502(h)(2) of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 822(h)(2)), is 
amended by adding at the end the following: 
‘‘For purposes of making a finding under sub-
section (g)(4) for a loan for positive train control, 
the total cost of the labor and materials associated 
with installing positive train control shall be deemed 
to be equal to the collateral value of that asset.’’. 
SEC. 35303. FCC STUDY OF SPECTRUM AVAILABILITY. 
(a) SPECTRUM NEEDS ASSESSMENT.—Not later than 
120 days after the date of enactment of this Act, the Sec-
retary of Transportation and the Chairman of the Federal 
Communications Commission shall coordinate to assess 
spectrum needs and availability for implementing positive 
train control systems, as defined in section 20157 of title 
49, United States Code. In conducting the spectrum needs 
assessment, the Secretary and the Chairman shall— 
(1) evaluate the information provided in the 
Federal Communications Commission WT–11–79 
proceeding; 
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(2) evaluate the positive train control imple-
mentations plans and any subsequent amendments 
or waivers to those plans provided to the Federal 
Railroad Administration; and 
(3) evaluate individual railroad spectrum de-
mand studies. 
(b) RECOMMENDATIONS.—Not later than 90 days 
after the completion of the spectrum needs assessment 
under subsection (a), the Secretary and the Chairman 
shall submit a plan to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives, for approximate resolution to any 
issues that may prevent railroad carriers or entities from 
complying with the December 31, 2015, positive train con-
trol implementation deadline. 
Subtitle D—Freight Rail 
SEC. 35401. RAIL LINE RELOCATION. 
Section 20154 is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘either’’; 
(B) by striking ‘‘or’’ at the end of para-
graph (1); 
(C) by striking the period at the end of 
paragraph (2) and inserting ‘‘; or’’; and 
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(D) by adding at the end the following: 
‘‘(3) involves a lateral or vertical relocation of 
any portion of a road.’’; 
(2) in subsection (e)(1), by striking ‘‘10’’ and 
inserting ‘‘20’’; and 
(3) in subsection (h)(3), by inserting ‘‘a public 
agency,’’ after ‘‘of a State,’’. 
SEC. 35402. COMPILATION OF COMPLAINTS. 
(a) IN GENERAL.—Section 704 is amended— 
(1) by striking the section heading and insert-
ing the following: 
‘‘§ 704. Reports’’; 
(2) by inserting ‘‘(a) ANNUAL REPORT.—’’ be-
fore ‘‘The Board’’; and 
(3) by adding at the end the following: 
‘‘(b) COMPLAINTS.— 
‘‘(1) IN GENERAL.—The Board shall establish 
and maintain a database of complaints received by 
the Board. 
‘‘(2) QUARTERLY
REPORT.—The Board shall 
post a quarterly report of formal and informal serv-
ice complaints received by the Board during the pre-
vious quarter that includes— 
‘‘(A) a list of the type of each complaint; 
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‘‘(B) the geographic region of the com-
plaint; and 
‘‘(C) the resolution of the complaint, if ap-
propriate. 
‘‘(3) WRITTEN CONSENT.—The quarterly report 
may identify a complainant that submitted an infor-
mal complaint only upon the written consent of the 
complainant. 
‘‘(4) WEBSITE POSTING.—The report shall be 
posted on the Board’s public website.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for chapter 7 is amended by striking the item relat-
ing to section 704 and inserting the following: 
‘‘704. Reports.’’. 
SEC. 35403. MAXIMUM RELIEF IN CERTAIN RATE CASES. 
(a) IN
GENERAL.—The Surface Transportation 
Board shall revise the maximum amount of rate relief 
available to railroad shippers in cases brought pursuant 
to the method developed under section 10701(d)(3) of title 
49, United States Code, as that section existed as of the 
date of enactment of this Act, to be as follows: 
(1) $1,500,000 in a rate case brought using the 
Surface Transportation Board’s ‘‘three-benchmark’’ 
procedure. 
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(2) $10,000,000 in a rate case brought using 
the Surface Transportation Board’s ‘‘simplified 
stand-alone cost’’ procedure. 
(b) PERIODIC REVIEW.—The Board shall periodically 
review the amounts established by subsection (a) and re-
vise the amounts, as appropriate. 
SEC. 35404. RATE REVIEW TIMELINES. 
In stand-alone cost rate challenges, the Surface 
Transportation Board shall comply with the following 
timelines unless it extends them, after a request from any 
party or in the interest of due process: 
(1) For discovery, 150 days after the date on 
which the challenge is initiated. 
(2) For development of the evidentiary record, 
155 days after that date. 
(3) For submission of parties’ closing briefs, 60 
days after that date. 
(4) For a final Board decision, 180 days after 
the date on which the parties submit closing briefs. 
SEC. 35405. REVENUE ADEQUACY STUDY. 
(a) REVENUE ADEQUACY STUDY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Surface 
Transportation Board shall initiate a study to pro-
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vide further guidance on how it will apply its rev-
enue adequacy constraint. 
(2) 
CONSIDERATIONS.—In 
conducting 
the 
study, the Surface Transportation Board shall con-
sider whether to apply the revenue adequacy con-
strain using replacement costs to value the assets of 
rail facilities and equipment. 
(b) PUBLIC NOTICE.—In conducting the study under 
subsection (a), the Surface Transportation Board shall— 
(1) provide public notice; 
(2) an opportunity for comment; and 
(3) conduct 1 or more public hearings. 
(c) REPORT.—Not later than 60 days after the study 
under subsection (a) is complete, the Surface Transpor-
tation Board shall submit the findings of the study to the 
Commerce, Science, and Transportation Committee of the 
Senate and the Transportation and Infrastructure Com-
mittee of the House of Representatives. 
SEC. 35406. QUARTERLY REPORTS. 
Not later than 60 days after the date of enactment 
of this Act, the Surface Transportation Board shall pro-
vide quarterly reports to the Commerce, Science, and 
Transportation Committee of the Senate and the Trans-
portation and Infrastructure Committee of the House of 
Representatives on the Surface Transportation Board’s 
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progress toward addressing issues raised in unfinished 
regulatory proceedings, regardless of whether a proceeding 
is subject to a statutory or regulatory deadline. 
SEC. 35407. WORKFORCE REVIEW. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Chairman of the Sur-
face Transportation Board, in consultation with the Direc-
tor of the Office of Personnel Management, shall conduct 
a review of the Surface Transportation Board workforce 
to assist in the development of a comprehensive, long-term 
human capital improvement plan. 
(b) PLAN.—Not later than 180 days after the review 
under subsection (a) is complete, the Chairman shall de-
velop a comprehensive, long-term human capital improve-
ment plan for Surface Transportation Board personnel to 
identify— 
(1) the optimal workforce size of the Surface 
Transportation Board to address its current and fu-
ture program needs; 
(2) the hiring, training, managing, and com-
pensation needs to recruit and retain qualified per-
sonnel, including experts to assess long-standing and 
emerging railroad industry trends; 
(3) the means for improving the current organi-
zational structure and workforce to most efficiently 
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execute the Surface Transportation Board’s mission; 
and 
(4) any recommendations for potential coordi-
nation with colleges, universities, or other non-profit 
organizations for training programs to support 
workforce development. 
(c) REPORT.—The Chairman shall submit the plan 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
SEC. 35408. RAILROAD REHABILITATION AND IMPROVE-
MENT FINANCING. 
(a) CONDITIONS OF ASSISTANCE.—Section 502(h)(2) 
of the Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 822(h)(2)), as amended by section 
36302 of this Act, is amended by adding at the end the 
following: 
‘‘The Secretary shall accept, for the purpose of mak-
ing a finding with regard to adequate collateral for a pub-
lic entity, the net present value on a future stream of State 
or local subsidy income or a dedicated revenue as collateral 
offered to secure a loan.’’. 
(b) ELIGIBLE PURPOSES.—Section 502(b)(1) of the 
Railroad Revitalization and Regulatory Reform Act of 
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1976 (45 U.S.C. 822(b)(1)), as amended by section 36302 
of this Act, is further amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(C); 
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(E) conduct preliminary engineering, en-
vironmental review, permitting, or other pre- 
construction activities.’’. 
(c) STUDY.—The Secretary shall submit a report to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives detailing 
recommendations for improving the Railroad Rehabilita-
tion and Improvement Financing program administration, 
including timely processing of applications, expansion of 
eligibilities, and other issues that impede passenger and 
rail carriers from utilizing the program. 
Subtitle E—Technical Corrections 
SEC. 35501. TECHNICAL CORRECTIONS. 
(a) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 
(1) The table of contents in section 1(b) of the 
Rail Safety Improvement Act of 2008 (122 Stat. 
4848) is amended— 
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(A) by striking the item relating to section 
201 and inserting the following: 
‘‘Sec. 201. Pedestrian safety at or near railroad passenger stations.’’; and 
(B) by striking the item relating to section 
403 and inserting the following: 
‘‘Sec. 403. Study and rulemaking on track inspection time; rulemaking on con-
crete crossties.’’. 
(2) Section 2(a)(1) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20102 note), is 
amended by inserting a comma after ‘‘railroad 
tracks at grade’’. 
(3) Section 102(a) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20101 note), is 
amended— 
(A) by striking ‘‘, at a minimum,’’; 
(B) in paragraph (1), by inserting a 
comma after ‘‘railroads’’; and 
(C) by amending paragraph (6) to read as 
follows: 
‘‘(6) Improving the safety of railroad bridges, 
tunnels, and related infrastructure to prevent acci-
dents, incidents, injuries, and fatalities caused by 
catastrophic and other failures of such infrastruc-
ture.’’. 
(4) Section 108(f)(1) of the Rail Safety Im-
provement Act of 2008 (49 U.S.C. 21101 note), is 
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amended by striking ‘‘requirements for record-
keeping and reporting for Hours of Service of Rail-
road Employees’’ and inserting ‘‘requirements for 
record keeping and reporting for hours of service of 
railroad employees’’. 
(5) Section 201 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20134 note), is amended— 
(A) in the section heading, by striking 
‘‘PEDESTRIAN CROSSING SAFETY.’’ and in-
serting ‘‘PEDESTRIAN SAFETY AT OR NEAR 
RAILROAD PASSENGER STATIONS.’’; 
(B) by striking ‘‘strategies and methods to 
prevent pedestrian accidents, incidents, injuries, 
and fatalities at or near passenger stations, in-
cluding’’ and inserting ‘‘strategies and methods 
to prevent train-related accidents, incidents, in-
juries, and fatalities that involve a pedestrian at 
or near a railroad passenger station, including’’; 
and 
(C) in paragraph (1) by striking ‘‘at rail-
road passenger stations’’. 
(6) Section 206(a) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 22501 note), is 
amended by striking ‘‘Public Service Announce-
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ments’’ and inserting ‘‘public service announce-
ments’’. 
(7) Section 403 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20142 note), is amended— 
(A) in the section heading, by striking 
‘‘TRACK INSPECTION TIME STUDY.’’ and in-
serting ‘‘STUDY
AND
RULEMAKING
ON 
TRACK
INSPECTION
TIME; RULEMAKING 
ON CONCRETE CROSSTIES.’’; and 
(B) in subsection (d)— 
(i) by striking ‘‘CROSS TIES’’ in the 
subsection heading and inserting ‘‘CROSS-
TIES’’; 
(ii) by striking ‘‘cross ties’’ and in-
serting ‘‘crossties’’; and 
(iii) in paragraph (2), by striking 
‘‘cross tie’’ and inserting ‘‘crosstie’’. 
(8) Section 405 of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 20103 note), is amended— 
(A) in subsection (a), by striking ‘‘cell 
phones’’ and inserting ‘‘cellular telephones’’; 
and 
(B) in subsection (d)— 
(i) by striking ‘‘of Transportation’’; 
and 
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(ii) by striking ‘‘cell phones’’ and in-
serting ‘‘cellular telephones’’. 
(9) Section 411(a) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 5103 note), is amend-
ed— 
(A) by striking ‘‘5101(a)’’ and inserting 
‘‘5105(a)’’; and 
(B) by striking ‘‘5101(b)’’ and inserting 
‘‘5105(b)’’. 
(10) Section 412 of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20140 note), is 
amended by striking ‘‘of Transportation’’. 
(11) Section 414(2) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20103 note), is 
amended— 
(A) by striking ‘‘parts’’ and inserting ‘‘sec-
tions’’; and 
(B) by striking ‘‘part’’ and inserting ‘‘sec-
tion’’. 
(12) Section 416 of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20107 note), is 
amended— 
(A) by striking ‘‘of Transportation’’; 
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(B) in paragraphs (3) and (4), by striking 
‘‘Federal Railroad Administration’’ and insert-
ing ‘‘Secretary’’; and 
(C) in paragraph (4), by striking ‘‘sub-
section’’ and inserting ‘‘section’’. 
(13) Section 417(c) of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 20103 note), is 
amended by striking ‘‘each railroad’’ and inserting 
‘‘each railroad carrier’’. 
(14) Section 503 of the Rail Safety Improve-
ment Act of 2008 (49 U.S.C. 1139 note), is amend-
ed— 
(A) in subsection (a), by striking ‘‘rail ac-
cidents’’ and inserting ‘‘rail passenger acci-
dents’’; 
(B) in subsection (b)— 
(i) by striking ‘‘passenger rail acci-
dents’’ and inserting ‘‘rail passenger acci-
dents’’; and 
(ii) by striking ‘‘passenger rail acci-
dent’’ each place it appears and inserting 
‘‘rail passenger accidents’’; and 
(C) by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section, the terms ‘pas-
senger’, ‘rail passenger accident’, and ‘rail passenger car-
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rier’ have the meanings given the terms in section 1139 
of title 49, United States Code.’’ 
‘‘(e) FUNDING.—Out of the funds appropriated pur-
suant to section 20117(a)(1)(A) of title 49, United States 
Code, there shall be made available to the Secretary of 
Transportation $500,000 for fiscal year 2009 to carry out 
this section. Amounts made available pursuant to this sub-
section shall remain available until expended.’’. 
(b) PASSENGER RAIL INVESTMENT AND IMPROVE-
MENT ACT OF 2008.— 
(1) Section 206(a) of the Passenger Rail In-
vestment and Improvement Act of 2008 (49 U.S.C. 
24101 note), is amended by inserting ‘‘of this divi-
sion’’ after ‘‘302’’. 
(2) Section 211 of the Passenger Rail Invest-
ment and Improvement Act of 2008 (49 U.S.C. 
24902 note), is amended— 
(A) in subsection (d), by inserting ‘‘of this 
division’’ after ‘‘101(c)’’; and 
(B) in subsection (e), by inserting ‘‘of this 
division’’ after ‘‘101(d)’’. 
(c) TITLE 49 OF THE UNITED STATES CODE.— 
(1) Section 1139 is amended— 
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(A) in subsection (a)(1), by striking 
‘‘phone number’’ and inserting ‘‘telephone num-
ber’’; 
(B) in subsection (a)(2), by striking ‘‘post 
trauma’’ and inserting ‘‘post-trauma’’; 
(C) 
in 
subsections 
(h)(1)(A) 
and 
(h)(2)(A)— 
(i) by striking ‘‘interstate’’; and 
(ii) by striking ‘‘such term is’’; 
(D) in subsection (g)(1), by striking 
‘‘board’’ in the heading and inserting ‘‘BOARD’’; 
(E) 
in 
subsections 
(h)(1)(B) 
and 
(h)(2)(B)— 
(i) by striking ‘‘interstate or intra-
state’’; and 
(ii) by striking ‘‘such term is’’; 
(F) in subsection (j)(1)— 
(i) by striking ‘‘(other than subsection 
(g))’’ and inserting ‘‘(except for sub-
sections (g) and (k))’’; and 
(ii) by striking ‘‘railroad passenger ac-
cident’’ and inserting ‘‘rail passenger acci-
dent’’; and 
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(G) in subsection (j)(2), by striking ‘‘rail-
road passenger accident’’ and inserting ‘‘rail 
passenger accident’’. 
(2) Section 10909(b) is amended— 
(A) by striking ‘‘Railroad’’ and inserting 
‘‘Railroads’’; and 
(B) in paragraph (2), by inserting a 
comma after ‘‘comment’’. 
(3) Section 20109 is amended— 
(A) in subsection (c)(1), by striking ‘‘the 
railroad shall promptly arrange’’ and inserting 
‘‘the railroad carrier shall promptly arrange’’; 
(B) in subsection (d)(2)(A)(i), by striking 
‘‘(d)’’ and inserting ‘‘paragraph’’ after ‘‘under’’; 
(C) in subsection (d)(2)(A)(iii), by insert-
ing ‘‘section’’ after ‘‘set forth in’’; and 
(D) in subsection (d)(4)(i), by striking 
‘‘must’’ and inserting ‘‘shall’’. 
(4) Section 20120(a) is amended— 
(A) by striking ‘‘(a) IN GENERAL’’ and in-
serting ‘‘Not’’; 
(B) in paragraph (2)(G), by inserting 
‘‘and’’ after the semicolon; 
(C) in paragraph (4), by striking ‘‘provide’’ 
and inserting ‘‘provides’’; 
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(D) in paragraph (5)(B), by striking ‘‘Ad-
ministrative Hearing Officer or Administrative 
Law Judge’’ and inserting ‘‘administrative 
hearing officer or administrative law judge’’; 
and 
(E) in paragraph (7), by striking ‘‘its’’ and 
inserting ‘‘the Secretary’s or the Federal Rail-
road Administrator’s’’. 
(5) Section 20151(d)(1) is amended by striking 
‘‘to drive around a grade crossing gate’’ and insert-
ing ‘‘to drive through, around, or under a grade 
crossing gate’’. 
(6) Section 20152(b) is amended by striking 
‘‘rail carriers’’ and inserting ‘‘railroad carriers’’. 
(7) Section 20156 is amended— 
(A) in subsection (c), by inserting a 
comma after ‘‘In developing its railroad safety 
risk reduction program’’; and 
(B) in subsection (g)(1), by striking ‘‘non- 
profit’’ and inserting ‘‘nonprofit’’. 
(8) Section 20157(a)(1) is amended— 
(A) by striking ‘‘Class I railroad carrier’’ 
and inserting ‘‘Class I railroad’’; and 
(B) by striking ‘‘parts’’ and inserting ‘‘sec-
tions’’. 
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(9) Section 20158(b)(3) is amended by striking 
‘‘20156(e)(2)’’ and inserting ‘‘20156(e)’’. 
(10) Section 20159 is amended by inserting ‘‘of 
Transportation’’ after ‘‘the Secretary’’. 
(11) Section 20160 is amended— 
(A) in subsection (a)(1), by striking ‘‘or 
with respect to’’ and inserting ‘‘with respect 
to’’; 
(B) in subsection (b)(1), by striking ‘‘On a 
periodic basis beginning not’’ and inserting 
‘‘Not’’; and 
(C) in subsection (b)(1)(A), by striking ‘‘or 
with respect to’’ and inserting ‘‘with respect 
to’’. 
(12) Section 20162(a)(3) is amended by strik-
ing ‘‘railroad compliance with Federal standards’’ 
and inserting ‘‘railroad carrier compliance with Fed-
eral standards’’. 
(13) Section 20164(a) is amended by striking 
‘‘Railroad Safety Enhancement Act of 2008’’ and in-
serting ‘‘Rail Safety Improvement Act of 2008’’. 
(14) Section 21102(c)(4) is amended by redes-
ignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively. 
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(15) Section 22106(b) is amended by striking 
‘‘interest thereof’’ and inserting ‘‘interest thereon’’. 
(16) Section 24101(b) is amended by striking 
‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’. 
(17) Section 24316 is amended by striking sub-
section (g). 
(18) The item relating to section 24316 in the 
table of contents for chapter 243 is amended by 
striking ‘‘assist’’ and inserting ‘‘address needs of’’. 
(19) Section 24702(a) is amended by striking 
‘‘not included in the national rail passenger trans-
portation system’’. 
(20) Section 24706 is amended— 
(A) in subsection (a)(1), by striking ‘‘a dis-
continuance under section 24704 or or’’; 
(B) in subsection (a)(2), by striking ‘‘sec-
tion 24704 or’’; and 
(C) in subsection (b), by striking ‘‘section 
24704 or’’. 
(21) Section 24709 is amended by striking 
‘‘The Secretary of the Treasury and the Attorney 
General,’’ and inserting ‘‘The Secretary of Home-
land Security,’’. 
SEC. 35502. CONDEMNATION AUTHORITY. 
Section 24311(c) is amended— 
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(1) in paragraph (1), by striking ‘‘Interstate 
Commerce Commission’’ and inserting ‘‘Surface 
Transportation Board’’; 
(2) in paragraph (2), by striking ‘‘Commis-
sion’s’’ and inserting ‘‘Board’s’’; and 
(3) by striking ‘‘Commission’’ each place it ap-
pears and inserting ‘‘Board’’. 
Subtitle F—Licensing and Insur-
ance 
Requirements 
for 
Pas-
senger Rail Carriers 
SEC. 35601. CERTIFICATION OF PASSENGER RAIL CAR-
RIERS. 
(a) Section 10901 is amended by adding at the end 
the following: 
‘‘(e) Not later than 2 years after the date of enact-
ment of the National Rail System Preservation, Expan-
sion, and Development Act of 2012, the Board shall estab-
lish a certification process to authorize a person to provide 
passenger rail transportation over a railroad line that is 
subject to the jurisdiction of the Board, except that such 
certification shall not be required for or apply to a freight 
railroad providing or hosting passenger rail transportation 
over its own railroad line. 
‘‘(f) After the certification process is established 
under subsection (e), no person may provide passenger rail 
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transportation over a railroad line subject to the jurisdic-
tion of the Board unless the person is granted a certificate 
under subsection (e). 
‘‘(g) The certification process under subsection (e) 
shall— 
‘‘(1) permit a person to initiate a proceeding for 
a certificate by filing an application with the Board; 
and 
‘‘(2) require the Board to provide reasonable 
public notice that a proceeding was initiated, includ-
ing notice to the Governor of any affected State, not 
later than 30 days after receipt of the application 
under paragraph (1). 
‘‘(h) The Board may grant a certificate under sub-
section (e) if the Board determines after consultation with 
the Secretary of Transportation or the Secretary of Home-
land Security, as appropriate, that the applicant— 
‘‘(1) has or will have in effect a voluntary 
agreement with the infrastructure owner over which 
the passenger rail transportation will be provided or 
contractual or statutory authority that provides for 
access to such infrastructure; 
‘‘(2) demonstrates sufficient financial capacity 
and operating experience to provide passenger rail 
transportation; 
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‘‘(3) meets all applicable safety and security re-
quirements under the law; 
‘‘(4) maintains a total minimum liability cov-
erage for claims through insurance and self-insur-
ance of not less than the amount required by section 
28103(a)(2) per accident or incident; and 
‘‘(5) complies with any additional requirements 
the Board determines are appropriate, including re-
porting requirements to ensure continued compliance 
with this section. 
‘‘(i) A certificate granted under subsection (e) shall 
specify the person to provide or authorized to provide pas-
senger rail transportation, if different from the applicant. 
‘‘(j) The Board may promulgate regulations— 
‘‘(1) for determining the adequacy of liability 
insurance coverage, including self-insurance; and 
‘‘(2) for suspending or canceling a certificate if 
the person to provide or authorized to provide pas-
senger rail transportation fails to comply with sub-
section (h). 
‘‘(k) This section shall not apply to tourist, historical, 
or excursion passenger rail transportation or other rail 
carrier that has already obtained construction or operating 
authority from the Board.’’. 
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(b) Section 24301(c) is amended by adding 
‘‘10901(e),’’ after ‘‘sections’’ in the first sentence. 
(c) Section 10501(c)(3)(A) is amended— 
(1) in clause (ii), by striking ‘‘and’’; 
(2) in clause (iii), by striking the period at the 
end and inserting ‘‘ ; and’’; and 
(3) by adding at the end the following: 
‘‘(iv) section 10901(e).’’. 
(d) Section 14901 is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) CERTIFICATION REQUIRED.—A person shall be 
subject to a penalty of $300 for each passenger trans-
ported if the person— 
‘‘(1) provides passenger rail transportation sub-
ject to jurisdiction under section 10501(a); and 
‘‘(2) does not hold a certificate required under 
section 10901(e).’’; and 
(3) in subsection (g), as redesignated, by strik-
ing ‘‘through (e)’’ and inserting ‘‘through (f)’’. 
(e) Section 10502(g) is amended to read as follows: 
‘‘(g) The Board may not exercise its authority under 
this section to relieve a rail carrier of its obligation to pro-
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tect the interests of employees as required by this part, 
or of the requirements of section 10901(g).’’. 
TITLE 
VI—SPORT 
FISH 
RES-
TORATION 
AND 
REC-
REATIONAL BOATING SAFETY 
ACT OF 2012 
SEC. 36001. SHORT TITLE. 
This title may be cited as the ‘‘Sport Fish Restora-
tion and Recreational Boating Safety Act of 2012’’. 
SEC. 36002. AMENDMENT OF FEDERAL AID IN SPORT FISH 
RESTORATION ACT. 
Section 4 of the Federal Aid in Fish Restoration Act 
(16 U.S.C. 777c) is amended— 
(1) in subsection (a), by striking ‘‘of fiscal 
years 2006 through 2011 and for the period begin-
ning on October 1, 2011, and ending on March 31, 
2012,’’ and inserting ‘‘fiscal year through 2013,’’; 
and 
(2) in subsection (b)(1)(A), by striking ‘‘of fis-
cal years 2006 through 2011 and for the period be-
ginning on October 1, 2011, and ending on March 
31, 2012,’’ and inserting ‘‘fiscal year through 
2013,’’. 
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TITLE VII—MISCELLANEOUS 
SEC. 37001. AIRCRAFT NOISE ABATEMENT. 
(a) IN GENERAL.—Section 3(b)(2) of Public Law 
100–91 (16 U.S.C. 1a–1 note) is amended by adding at 
the end the following: ‘‘The plan shall not apply to or oth-
erwise affect the regulation of flights over the Grand Can-
yon at altitudes above the Special Flight Rules Area for 
the Grand Canyon in effect as of the date of the enactment 
of the MAP–21, or as subsequently modified by mutual 
agreement of the Secretary and the Administrator.’’. 
(b) SAVINGS PROVISIONS.— 
(1) JURISDICTION OF NATIONAL AIRSPACE.— 
None of the recommendations required under section 
3(b)(1) of Public Law 100–91 (16 U.S.C. 1a–1 
note), including recommendations to raise the flight- 
free zone altitude ceilings, shall adversely affect the 
national airspace system, as determined by the Ad-
ministrator of the Federal Aviation Administration. 
If the Administrator determines that implementing 
the recommendations would adversely affect the na-
tional airspace system, the Administrator shall con-
sult with the Secretary of the Interior to eliminate 
the adverse effects. 
(2) EFFECT OF NEPA DETERMINATIONS.—None 
of the environmental thresholds, analyses, impact de-
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terminations, or conditions prepared or used by the 
Secretary to develop recommendations regarding the 
substantial restoration of natural quiet and experi-
ence for the Grand Canyon National Park required 
under section 3(b)(1) of Public Law 100–91 shall 
have broader application or be given deference with 
respect to the Administrator’s compliance with the 
National Environmental Policy Act for proposed 
aviation actions and decisions. Nothing in this sec-
tion may be construed to limit the ability of the Na-
tional Park Service to use its own methods of anal-
ysis and impact determinations for air tour manage-
ment planning within its purview under the National 
Parks Air Tour Management Act of 2000 (title VIII 
of Public Law 106–181). 
(c) CONVERSION
TO
QUIET
TECHNOLOGY
AIR-
CRAFT.— 
(1) IN
GENERAL.—Not later than 15 years 
after the date of the enactment of this Act, all com-
mercial air tour aircraft operating in the Grand 
Canyon National Park Special Flight Rules Area 
shall be required to fully convert to quiet aircraft 
technology (as determined in accordance with regu-
lations in effect on the day before the date of the en-
actment of this Act). 
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(2) CONVERSION INCENTIVES.—Not later than 
60 days after the date of the enactment of this Act, 
the Secretary and the Administrator of the Federal 
Aviation Administration shall provide incentives for 
commercial air tour operators that convert to quiet 
aircraft technology (as determined in accordance 
with the regulations in effect on the day before the 
date of the enactment of this Act) before the date 
specified in paragraph (1), such as increasing the 
flight allocations for such operators on a net basis 
consistent with section 804(c) of the National Park 
Air Tours Management Act of 2000 (title VIII of 
Public Law 106–181), provided that the cumulative 
impact of such operations does not increase noise at 
Grand Canyon National Park. 
DIVISION D—FINANCE 
SEC. 40001. SHORT TITLE. 
This division may be cited as the ‘‘Highway Invest-
ment, Job Creation, and Economic Growth Act of 2012’’. 
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TITLE I—EXTENSION OF HIGH-
WAY TRUST FUND EXPENDI-
TURE AUTHORITY AND RE-
LATED TAXES 
SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AU-
THORITY. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the 
Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘April 1, 2012’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 
1, 2013’’; and 
(2) by striking ‘‘Surface Transportation Exten-
sion Act of 2011, Part II’’ in subsections (c)(1) and 
(e)(3) and inserting ‘‘Moving Ahead for Progress in 
the 21st Century Act’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of the Internal Revenue Code of 
1986 is amended— 
(1) by striking ‘‘Surface Transportation Exten-
sion Act of 2011, Part II’’ each place it appears in 
subsection (b)(2) and inserting ‘‘Moving Ahead for 
Progress in the 21st Century Act’’; and 
(2) by striking ‘‘April 1, 2012’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2013’’. 
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(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Paragraph (2) of section 9508(e) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘April 1, 
2012’’ and inserting ‘‘October 1, 2013’’. 
(d) ESTABLISHMENT OF SOLVENCY ACCOUNT.—Sec-
tion 9503 of the Internal Revenue Code of 1986 is amend-
ed by adding at the end the following new subsection: 
‘‘(g) ESTABLISHMENT OF SOLVENCY ACCOUNT.— 
‘‘(1) CREATION OF ACCOUNT.—There is estab-
lished in the Highway Trust Fund a separate ac-
count to be known as the ‘Solvency Account’ con-
sisting of such amounts as may be transferred or 
credited to the Solvency Account as provided in this 
section or section 9602(b). 
‘‘(2) TRANSFERS
TO
SOLVENCY
ACCOUNT.— 
The Secretary of the Treasury shall transfer to the 
Solvency Account the excess of— 
‘‘(A) any amount appropriated to the 
Highway Trust Fund before October 1, 2013, 
by reason of the provisions of, and amendments 
made by, the Highway Investment, Job Cre-
ation, and Economic Growth Act of 2012, over 
‘‘(B) the amount necessary to meet the re-
quired expenditures from the Highway Trust 
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Fund under subsection (c) for the period ending 
before October 1, 2013. 
‘‘(3) 
EXPENDITURES
FROM
ACCOUNT.— 
Amounts in the Solvency Account shall be available 
for transfers to the Highway Account (as defined in 
subsection (e)(5)(B)) and the Mass Transit Account 
in such amounts as determined necessary by the 
Secretary to ensure that each account has a surplus 
balance of $2,800,000,000 on September 30, 2013. 
‘‘(4) TERMINATION
OF
ACCOUNT.—The Sol-
vency Account shall terminate on September 30, 
2013, and the Secretary shall transfer any remain-
ing balance in the Account on such date to the 
Highway Trust Fund.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on April 1, 2012. 
SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘March 31, 2012’’ and inserting ‘‘September 30, 
2015’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1). 
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(2) Each of the following provisions of such 
Code is amended by striking ‘‘April 1, 2012’’ and in-
serting ‘‘October 1, 2015’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘2012’’ and inserting ‘‘2015’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 
of the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘April 1, 2012’’ each place it 
appears and inserting ‘‘October 1, 2015’’; 
(2) by striking ‘‘September 30, 2012’’ each 
place it appears and inserting ‘‘March 31, 2016’’; 
and 
(3) by striking ‘‘July 1, 2012’’ and inserting 
‘‘January 1, 2016’’. 
(d) EXTENSION
OF CERTAIN EXEMPTIONS.—Sec-
tions 4221(a) and 4483(i) of the Internal Revenue Code 
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each amended by striking ‘‘April 1, 2012’’ and 
inserting ‘‘October 1, 2015’’. 
(B) CONFORMING AMENDMENTS TO LAND 
AND
WATER
CONSERVATION
FUND.—Section 
201(b) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 
amended— 
(i) by striking ‘‘April 1, 2013’’ each 
place it appears and inserting ‘‘October 1, 
2016’’; and 
(ii) by striking ‘‘April 1, 2012’’ and 
inserting ‘‘October 1, 2015’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on April 1, 2012. 
TITLE II—OTHER PROVISIONS 
SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EX-
CEPTION 
TO 
TAX-EXEMPT 
INTEREST 
EX-
PENSE ALLOCATION RULES FOR FINANCIAL 
INSTITUTIONS. 
(a) IN GENERAL.—Subparagraph (G) of section 
265(b)(3) of the Internal Revenue Code of 1986 is amend-
ed— 
(1) by striking ‘‘2009 or 2010’’ each place it 
appears in clauses (i), (ii), and (iii) and inserting 
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‘‘2009, 2010, or the period beginning after June 30, 
2012, and before July 1, 2013’’, and 
(2) by striking ‘‘2009 AND 2010’’ in the heading 
and inserting ‘‘2009, 2010, 2012, AND 2013’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after June 
30, 2012. 
SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE 
MINIMUM TAX LIMITATIONS ON TAX-EXEMPT 
BONDS. 
(a) INTEREST ON PRIVATE ACTIVITY BONDS NOT 
TREATED AS TAX PREFERENCE ITEMS.—Clause (vi) of 
section 57(a)(5)(C) of the Internal Revenue Code of 1986 
is amended— 
(1) in subclause (I) by inserting ‘‘, or after the 
date of enactment of the Highway Investment, Job 
Creation, and Economic Growth Act of 2012 and be-
fore January 1, 2013’’ after ‘‘January 1, 2011’’; 
(2) in subclause (III) by inserting ‘‘before Jan-
uary 1, 2011’’ after ‘‘which is issued’’; and 
(3) by striking ‘‘AND 2010’’ in the heading and 
inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 
(b) NO
ADJUSTMENT
TO
ADJUSTED
CURRENT 
EARNINGS.—Clause (iv) of section 56(g)(4)(B) of the In-
ternal Revenue Code of 1986 is amended— 
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(1) in subclause (I) by inserting ‘‘, or after the 
date of enactment of the Highway Investment, Job 
Creation, and Economic Growth Act of 2012 and be-
fore January 1, 2013’’ after ‘‘January 1, 2011’’; 
(2) in subclause (III) by inserting ‘‘before Jan-
uary 1, 2011’’ after ‘‘which is issued’’; and 
(3) by striking ‘‘AND 2010’’ in the heading and 
inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after the date 
of enactment of this Act. 
SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRA-
STRUCTURE BANKS. 
Section 610(d) of title 23, United States Code, is 
amended— 
(1) by redesignating paragraphs (4), (5), and 
(6) as paragraphs (5), (6), and (7), respectively, 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) TRIP BOND ACCOUNT.— 
‘‘(A) IN
GENERAL.—A State, through a 
State infrastructure bank, may issue TRIP 
bonds and deposit proceeds from such issuance 
into the TRIP bond account of the bank. 
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‘‘(B) TRIP BOND.—For purposes of this 
section, the term ‘TRIP bond’ means any bond 
issued as part of an issue if— 
‘‘(i) 100 percent of the available 
project proceeds of such issue are to be 
used for expenditures incurred after the 
date of the enactment of this paragraph 
for 1 or more qualified projects pursuant 
to an allocation of such proceeds to such 
project or projects by a State infrastruc-
ture bank, 
‘‘(ii) the bond is issued by a State in-
frastructure bank and is in registered form 
(within the meaning of section 149(a) of 
the Internal Revenue Code of 1986), 
‘‘(iii) the State infrastructure bank 
designates such bond for purposes of this 
section, and 
‘‘(iv) the term of each bond which is 
part of such issue does not exceed 30 
years. 
‘‘(C) QUALIFIED PROJECT.—For purposes 
of this subparagraph, the term ‘qualified 
project’ means the capital improvements to any 
transportation infrastructure project of any 
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governmental unit or other person, including 
roads, bridges, rail and transit systems, ports, 
and inland waterways proposed and approved 
by a State infrastructure bank, but does not in-
clude costs of operations or maintenance with 
respect to such project.’’, 
(3) by adding at the end of paragraph (5), as 
redesignated by paragraph (1), the following new 
subparagraph: 
‘‘(D) TRIP BOND ACCOUNT.—Funds de-
posited into the TRIP bond account shall con-
stitute for purposes of this section a capitaliza-
tion grant for the TRIP bond account of the 
bank.’’, and 
(4) by adding at the end the following new 
paragraph: 
‘‘(8) SPECIAL RULES FOR TRIP BOND ACCOUNT 
FUNDS.— 
‘‘(A) IN GENERAL.—The State shall de-
velop a transparent competitive process for the 
award of funds deposited into the TRIP bond 
account that considers the impact of qualified 
projects on the economy, the environment, state 
of good repair, and equity. 
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‘‘(B) APPLICABILITY OF FEDERAL LAW.— 
The requirements of any Federal law, including 
this title and titles 40 and 49, which would oth-
erwise apply to projects to which the United 
States is a party or to funds made available 
under such law and projects assisted with those 
funds shall apply to— 
‘‘(i) funds made available under the 
TRIP bond account for similar qualified 
projects, and 
‘‘(ii) similar qualified projects assisted 
through the use of such funds.’’. 
SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM 
INCOME FOR EMPLOYER-PROVIDED MASS 
TRANSIT AND PARKING BENEFITS. 
(a) IN GENERAL.—Paragraph (2) of section 132(f) 
of the Internal Revenue Code of 1986 is amended by strik-
ing ‘‘January 1, 2012’’ and inserting ‘‘January 1, 2013’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to months after December 31, 
2011. 
SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND 
WATER SUPPLY FACILITIES. 
(a) BONDS FOR WATER AND SEWAGE FACILITIES 
TEMPORARILY EXEMPT FROM VOLUME CAP ON PRIVATE 
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ground Storage Tank Trust Fund under section 
9508(c)(2).’’. 
(2) CONFORMING
AMENDMENTS.—Paragraph 
(4) of section 9503(f) of such Code is amended— 
(A) by inserting ‘‘or transferred’’ after 
‘‘appropriated’’, and 
(B) by striking ‘‘APPROPRIATED’’ in the 
heading thereof. 
SEC. 40302. PORTION OF LEAKING UNDERGROUND STOR-
AGE TANK TRUST FUND FINANCING RATE 
TRANSFERRED TO HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Subsection (b) of section 9503 of 
the Internal Revenue Code of 1986 is amended by insert-
ing after paragraph (2) the following new paragraph: 
‘‘(3) PORTION
OF
LEAKING
UNDERGROUND 
STORAGE TANK TRUST FUND FINANCING RATE.— 
There are hereby appropriated to the Highway Trust 
Fund amounts equivalent to one-third of the taxes 
received in the Treasury under— 
‘‘(A) section 4041(d) (relating to addi-
tional taxes on motor fuels), 
‘‘(B) section 4081 (relating to tax on gaso-
line, diesel fuel, and kerosene) to the extent at-
tributable to the Leaking Underground Storage 
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Tank Trust Fund financing rate under such 
section, and 
‘‘(C) section 4042 (relating to tax on fuel 
used in commercial transportation on inland 
waterways) to the extent attributable to the 
Leaking Underground Storage Tank Trust 
Fund financing rate under such section. 
For purposes of this paragraph, there shall not be 
taken into account the taxes imposed by sections 
4041 and 4081 on diesel fuel sold for use or used 
as fuel in a diesel-powered boat.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Paragraphs (1), (2), and (3) of section 
9508(b) of the Internal Revenue Code of 1986 are 
each amended by inserting ‘‘two-thirds of the’’ be-
fore ‘‘taxes’’. 
(2) Paragraph (4) of section 9503(b) of such 
Code is amended by striking subparagraphs (A) and 
(B) and by redesignating subparagraphs (C) and 
(D) as subparagraphs (A) and (B), respectively. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxes received after the date 
of the enactment of this Act. 
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SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGH-
WAY TRUST FUND. 
(a) IN GENERAL.—Paragraph (1) of section 9503(b) 
of the Internal Revenue Code of 1986 is amended by re-
designating subparagraphs (C), (D), and (E) as subpara-
graphs (D), (E), and (F), respectively, and by inserting 
after subparagraph (B) the following new subparagraph: 
‘‘(B) section 4064 (relating to gas guzzler 
tax),’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxes received after the date 
of the enactment of this Act. 
SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE 
OF CERTAIN UNPAID TAXES. 
(a) IN GENERAL.—Subchapter D of chapter 75 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE 
OF CERTAIN TAX DELINQUENCIES. 
‘‘(a) IN GENERAL.—If the Secretary receives certifi-
cation by the Commissioner of Internal Revenue that any 
individual has a seriously delinquent tax debt in an 
amount in excess of $50,000, the Secretary shall transmit 
such certification to the Secretary of State for action with 
respect to denial, revocation, or limitation of a passport 
pursuant to section 4 of the Act entitled ‘An Act to regu-
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late the issue and validity of passports, and for other pur-
poses’, approved July 3, 1926 (22 U.S.C. 211a et seq.), 
commonly known as the ‘Passport Act of 1926’. 
‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.—For pur-
poses of this section, the term ‘seriously delinquent tax 
debt’ means an outstanding debt under this title for which 
a notice of lien has been filed in public records pursuant 
to section 6323 or a notice of levy has been filed pursuant 
to section 6331, except that such term does not include— 
‘‘(1) a debt that is being paid in a timely man-
ner pursuant to an agreement under section 6159 or 
7122, and 
‘‘(2) a debt with respect to which collection is 
suspended because a collection due process hearing 
under section 6330, or relief under subsection (b), 
(c), or (f) of section 6015, is requested or pending. 
‘‘(c) ADJUSTMENT FOR INFLATION.—In the case of 
a calendar year beginning after 2012, the dollar amount 
in subsection (a) shall be increased by an amount equal 
to— 
‘‘(1) such dollar amount, multiplied by 
‘‘(2) the cost-of-living adjustment determined 
under section 1(f)(3) for the calendar year, deter-
mined by substituting ‘calendar year 2011’ for ‘cal-
endar year 1992’ in subparagraph (B) thereof. 
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If any amount as adjusted under the preceding sentence 
is not a multiple of $1,000, such amount shall be rounded 
to the next highest multiple of $1,000.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter D of chapter 75 of the Internal Revenue 
Code of 1986 is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delin-
quencies.’’. 
(c) AUTHORITY FOR INFORMATION SHARING.— 
(1) IN
GENERAL.—Subsection (l) of section 
6103 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new 
paragraph: 
‘‘(23) DISCLOSURE OF RETURN INFORMATION 
TO DEPARTMENT OF STATE FOR PURPOSES OF PASS-
PORT REVOCATION UNDER SECTION 7345.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
upon receiving a certification described in sec-
tion 7345, disclose to the Secretary of State re-
turn information with respect to a taxpayer who 
has a seriously delinquent tax debt described in 
such section. Such return information shall be 
limited to— 
‘‘(i) the taxpayer identity information 
with respect to such taxpayer, and 
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‘‘(ii) the amount of such seriously de-
linquent tax debt. 
‘‘(B) RESTRICTION ON DISCLOSURE.—Re-
turn information disclosed under subparagraph 
(A) may be used by officers and employees of 
the Department of State for the purposes of, 
and to the extent necessary in, carrying out the 
requirements of section 4 of the Act entitled 
‘An Act to regulate the issue and validity of 
passports, and for other purposes’, approved 
July 3, 1926 (22 U.S.C. 211a et seq.), com-
monly known as the ‘Passport Act of 1926’.’’. 
(2) CONFORMING AMENDMENT.—Paragraph (4) 
of section 6103(p) of such Code is amended by strik-
ing ‘‘or (22)’’ each place it appears in subparagraph 
(F)(ii) and in the matter preceding subparagraph 
(A) and inserting ‘‘(22), or (23)’’. 
(d) REVOCATION AUTHORIZATION.—The Act entitled 
‘‘An Act to regulate the issue and validity of passports, 
and for other purposes’’, approved July 3, 1926 (22 
U.S.C. 211a et seq.), commonly known as the ‘‘Passport 
Act of 1926’’, is amended by adding at the end the fol-
lowing: 
‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. 
‘‘(a) INELIGIBILITY.— 
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‘‘(1) ISSUANCE.—Except as provided under 
subsection (b), upon receiving a certification de-
scribed in section 7345 of the Internal Revenue 
Code of 1986 from the Secretary of the Treasury, 
the Secretary of State may not issue a passport or 
passport card to any individual who has a seriously 
delinquent tax debt described in such section. 
‘‘(2) REVOCATION.—The Secretary of State 
shall revoke a passport or passport card previously 
issued to any individual described in subparagraph 
(A). 
‘‘(b) EXCEPTIONS.— 
‘‘(1) EMERGENCY AND HUMANITARIAN SITUA-
TIONS.—Notwithstanding subsection (a), the Sec-
retary of State may issue a passport or passport 
card, in emergency circumstances or for humani-
tarian reasons, to an individual described in sub-
section (a)(1). 
‘‘(2) LIMITATION
FOR
RETURN
TO
UNITED 
STATES.—Notwithstanding subsection (a)(2), the 
Secretary of State, before revocation, may— 
‘‘(A) limit a previously issued passport or 
passport card only for return travel to the 
United States; or 
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‘‘(B) issue a limited passport or passport 
card that only permits return travel to the 
United States.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2013. 
SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS 
TO MEDICARE PROVIDERS AND SUPPLIERS. 
(a) IN GENERAL.—Paragraph (3) of section 6331(h) 
of the Internal Revenue Code of 1986 is amended by strik-
ing the period at the end and inserting ‘‘, or to a Medicare 
provider or supplier under title XVIII of the Social Secu-
rity Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to payments made after the date 
of the enactment of this Act. 
SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO 
CERTAIN DUTIES ON IMPORTED VEHICLES 
INTO THE HIGHWAY TRUST FUND. 
Section 9503(b) of the Internal Revenue Code of 
1986, as amended by this Act, is amended by adding at 
the end the following new paragraph: 
‘‘(8) CERTAIN
DUTIES
ON
IMPORTED
VEHI-
CLES.—There are hereby appropriated to the High-
way Trust Fund amounts equivalent to the amounts 
received in the Treasury that are attributable to du-
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ties collected on or after October 1, 2011, and before 
October 1, 2016, on articles classified under sub-
heading 8703.22.00 or 8703.24.00 of the Har-
monized Tariff Schedule of the United States.’’. 
SEC. 40307. TREATMENT OF SECURITIES OF A CON-
TROLLED CORPORATION EXCHANGED FOR 
ASSETS IN CERTAIN REORGANIZATIONS. 
(a) IN GENERAL.—Section 361 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new subsection: 
‘‘(d) SPECIAL RULES FOR TRANSACTIONS INVOLVING 
SECTION 355 DISTRIBUTIONS.—In the case of a reorga-
nization described in section 368(a)(1)(D) with respect to 
which stock or securities of the corporation to which the 
assets are transferred are distributed in a transaction 
which qualifies under section 355— 
‘‘(1) this section shall be applied by substituting 
‘stock other than nonqualified preferred stock (as 
defined in section 351(g)(2))’ for ‘stock or securities’ 
in subsections (a) and (b)(1), and 
‘‘(2) the first sentence of subsection (b)(3) shall 
apply only to the extent that the sum of the money 
and the fair market value of the other property 
transferred to such creditors does not exceed the ad-
justed bases of such assets transferred (reduced by 
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the amount of the liabilities assumed (within the 
meaning of section 357(c))).’’. 
(b) CONFORMING AMENDMENT.—Paragraph (3) of 
section 361(b) is amended by striking the last sentence. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply to exchanges after the date of the enact-
ment of this Act. 
(2) 
TRANSITION
RULE.—The 
amendments 
made by this section shall not apply to any exchange 
pursuant to a transaction which is— 
(A) made pursuant to a written agreement 
which was binding on February 6, 2012, and at 
all times thereafter; 
(B) described in a ruling request submitted 
to the Internal Revenue Service on or before 
February 6, 2012; or 
(C) described on or before February 6, 
2012, in a public announcement or in a filing 
with the Securities and Exchange Commission. 
SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND 
THRIFT SAVINGS PLAN ACCOUNTS. 
Section 8437(e)(3) of title 5, United States Code, is 
amended by inserting ‘‘, the enforcement of a Federal tax 
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levy as provided in section 6331 of the Internal Revenue 
Code of 1986,’’ after ‘‘(42 U.S.C. 659)’’. 
SEC. 40309. DEPRECIATION AND AMORTIZATION RULES 
FOR HIGHWAY AND RELATED PROPERTY 
SUBJECT TO LONG-TERM LEASES. 
(a) ACCELERATED COST RECOVERY.— 
(1) IN GENERAL.—Section 168(g)(1) of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘and’’ at the end of subparagraph (D), by redesig-
nating subparagraph (E) as subparagraph (F), and 
by inserting after subparagraph (D) the following 
new subparagraph: 
‘‘(E) any applicable leased highway prop-
erty,’’. 
(2) RECOVERY PERIOD.—The table contained in 
subparagraph (C) of section 168(g)(2) of such Code 
is amended by redesignating clause (iv) as clause (v) 
and by inserting after clause (iii) the following new 
clause: 
‘‘(iv) Applicable leased highway property ...........
45 years.’’. 
(3) APPLICABLE LEASED HIGHWAY PROPERTY 
DEFINED.— 
(A) IN GENERAL.—Section 168(g) of such 
Code is amended by redesignating paragraph 
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(7) as paragraph (8) and by inserting after 
paragraph (6) the following new paragraph: 
‘‘(7) APPLICABLE
LEASED
HIGHWAY
PROP-
ERTY.—For purposes of paragraph (1)(E)— 
‘‘(A) IN GENERAL.—The term ‘applicable 
leased highway property’ means property to 
which this section otherwise applies which— 
‘‘(i) is subject to an applicable lease, 
and 
‘‘(ii) is placed in service before the 
date of such lease. 
‘‘(B) APPLICABLE LEASE.—The term ‘ap-
plicable lease’ means a lease or other arrange-
ment— 
‘‘(i) which is between the taxpayer 
and a State or political subdivision thereof, 
or any agency or instrumentality of either, 
and 
‘‘(ii) under which the taxpayer— 
‘‘(I) leases a highway and associ-
ated improvements, 
‘‘(II) receives a right-of-way on 
the public lands underlying such high-
way and improvements, and 
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‘‘(III) receives a grant of a fran-
chise or other intangible right permit-
ting the taxpayer to receive funds re-
lating to the operation of such high-
way.’’. 
(B) CONFORMING AMENDMENT.—Subpara-
graph (F) of section 168(g)(1) (as redesignated 
by subsection (a)(1)) is amended by striking 
‘‘paragraph (7)’’ and inserting ‘‘paragraph 
(8)’’. 
(b) 
AMORTIZATION
OF
INTANGIBLES.—Section 
197(f) of the Internal Revenue Code of 1986 is amended 
by adding at the end the following new paragraph: 
‘‘(11) INTANGIBLES RELATING TO APPLICABLE 
LEASED HIGHWAY PROPERTY.—In the case of any 
amortizable section 197 intangible property which is 
acquired in connection with an applicable lease (as 
defined in section 168(g)(7)(B)), the amortization 
period under this section shall not be less than the 
term of the applicable lease. For purposes of the 
preceding sentence, rules similar to the rules of sec-
tion 168(i)(3)(A) shall apply in determining the 
term of the applicable lease.’’. 
(c) NO PRIVATE ACTIVITY BOND FINANCING OF AP-
PLICABLE LEASED HIGHWAY PROPERTY.—Section 147(e) 
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of the Internal Revenue Code of 1986 is amended by in-
serting ‘‘, or to finance any applicable leased highway 
property (as defined in section 168(g)(7)(A))’’ after 
‘‘premises’’. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply to leases entered into after the date of 
the enactment of this Act. 
(2) NO PRIVATE ACTIVITY BOND FINANCING.— 
The amendment made by subsection (c) shall apply 
to bonds issued after the date of the enactment of 
this Act. 
SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PEN-
SION 
ASSETS 
TO 
RETIREE 
HEALTH 
AC-
COUNTS. 
(a) IN GENERAL.—Paragraph (5) of section 420(b) 
of the Internal Revenue Code of 1986 is amended by strik-
ing ‘‘December 31, 2013’’ and inserting ‘‘December 31, 
2021’’. 
(b) CONFORMING ERISA AMENDMENTS.— 
(1) 
Sections 
101(e)(3), 
403(c)(1), 
and 
408(b)(13) of the Employee Retirement Income Se-
curity Act of 1974 are each amended by striking 
‘‘Pension Protection Act of 2006’’ and inserting 
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‘‘Highway Investment, Job Creation, and Economic 
Growth Act of 2012’’. 
(2) Section 408(b)(13) of such Act (29 U.S.C. 
1108(b)(13)) is amended by striking ‘‘January 1, 
2014’’ and inserting ‘‘January 1, 2022’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall take effect on the date of the enactment 
of this Act. 
SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RE-
TIREE GROUP TERM LIFE INSURANCE AC-
COUNTS. 
(a) IN GENERAL.—Subsection (a) of section 420 of 
the Internal Revenue Code of 1986 is amended by insert-
ing ‘‘, or an applicable life insurance account,’’ after 
‘‘health benefits account’’. 
(b) APPLICABLE LIFE INSURANCE ACCOUNT DE-
FINED.— 
(1) IN
GENERAL.—Subsection (e) of section 
420 of the Internal Revenue Code of 1986 is amend-
ed by redesignating paragraphs (4) and (5) as para-
graphs (5) and (6), respectively, and by inserting 
after paragraph (3) the following new paragraph: 
‘‘(4) 
APPLICABLE
LIFE
INSURANCE
AC-
COUNT.—The term ‘applicable life insurance ac-
count’ means a separate account established and 
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maintained for amounts transferred under this sec-
tion for qualified current retiree liabilities based on 
premiums for applicable life insurance benefits.’’. 
(2) APPLICABLE
LIFE
INSURANCE
BENEFITS 
DEFINED.—Paragraph (1) of section 420(e) of such 
Code is amended by redesignating subparagraph (D) 
as subparagraph (E) and by inserting after subpara-
graph (C) the following new subparagraph: 
‘‘(D) APPLICABLE LIFE INSURANCE BENE-
FITS.—The term ‘applicable life insurance bene-
fits’ means group-term life insurance coverage 
provided to retired employees who, immediately 
before the qualified transfer, are entitled to re-
ceive such coverage by reason of retirement and 
who are entitled to pension benefits under the 
plan, but only to the extent that such coverage 
is provided under a policy for retired employees 
and the cost of such coverage is excludable from 
the retired employee’s gross income under sec-
tion 79.’’. 
(3) COLLECTIVELY
BARGAINED
LIFE
INSUR-
ANCE BENEFITS DEFINED.— 
(A) IN GENERAL.—Paragraph (6) of sec-
tion 420(f) of such Code is amended by redesig-
nating subparagraph (D) as subparagraph (E) 
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and by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) COLLECTIVELY BARGAINED LIFE IN-
SURANCE
BENEFITS.—The term ‘collectively 
bargained life insurance benefits’ means, with 
respect to any collectively bargained transfer— 
‘‘(i) applicable life insurance benefits 
which are provided to retired employees 
who, immediately before the transfer, are 
entitled to receive such benefits by reason 
of retirement, and 
‘‘(ii) if specified by the provisions of 
the collective bargaining agreement gov-
erning the transfer, applicable life insur-
ance benefits which will be provided at re-
tirement to employees who are not retired 
employees at the time of the transfer.’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Clause (i) of section 420(e)(1)(C) 
of such Code is amended by striking ‘‘upon 
retirement’’ and inserting ‘‘by reason of re-
tirement’’. 
(ii) Subparagraph (C) of section 
420(f)(6) of such Code is amended— 
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fore the amendments made by such Act 
applied to such benefits.’’ 
(G) Clause (iii) of section 420(f)(2)(D) of 
such Code is amended— 
(i) by striking ‘‘retiree’’ each place it 
occurs, and 
(ii) by inserting ‘‘, collectively bar-
gained life insurance benefits, or both, as 
the case may be,’’ after ‘‘health benefits’’ 
each place it occurs. 
(d) COORDINATION WITH SECTION 79.—Section 79 
of the Internal Revenue Code of 1986 is amended by add-
ing at the end the following new subsection: 
‘‘(f) EXCEPTION FOR LIFE INSURANCE PURCHASED 
IN CONNECTION WITH QUALIFIED TRANSFER OF EXCESS 
PENSION
ASSETS.—Subsection 
(b)(3) 
and 
section 
72(m)(3) shall not apply in the case of any cost paid 
(whether directly or indirectly) with assets held in an ap-
plicable life insurance account (as defined in section 
420(e)(4)) under a defined benefit plan.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 420 of the Internal Revenue Code 
of 1986 is amended by striking ‘‘qualified current 
retiree health liabilities’’ each place it appears and 
inserting ‘‘qualified current retiree liabilities’’. 
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(2) Section 420 of such Code is amended by in-
serting ‘‘, or an applicable life insurance account,’’ 
after ‘‘a health benefits account’’ each place it ap-
pears in subsection (b)(1)(A), subparagraphs (A), 
(B)(i), and (C) of subsection (c)(1), subsection 
(d)(1)(A), and subsection (f)(2)(E)(ii). 
(3) Section 420(b) of such Code is amended— 
(A) by adding the following at the end of 
paragraph (2)(A): ‘‘If there is a transfer from 
a defined benefit plan to both a health benefits 
account and an applicable life insurance ac-
count during any taxable year, such transfers 
shall be treated as 1 transfer for purposes of 
this paragraph.’’, and 
(B) by inserting ‘‘to an account’’ after 
‘‘may be transferred’’ in paragraph (3). 
(4) The heading for section 420(c)(1)(B) of 
such Code is amended by inserting ‘‘OR LIFE INSUR-
ANCE’’ after ‘‘HEALTH BENEFITS’’. 
(5) Paragraph (1) of section 420(e) of such 
Code is amended— 
(A) by inserting ‘‘and applicable life insur-
ance benefits’’ in subparagraph (A) after ‘‘ap-
plicable health benefits’’, and 
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(B) by striking ‘‘HEALTH’’ in the heading 
thereof. 
(6) Subparagraph (B) of section 420(e)(1) of 
such Code is amended— 
(A) in the matter preceding clause (i), by 
inserting ‘‘(determined separately for applicable 
health benefits and applicable life insurance 
benefits)’’ after ‘‘shall be reduced by the 
amount’’, 
(B) in clause (i), by inserting ‘‘or applica-
ble life insurance accounts’’ after ‘‘health ben-
efit accounts’’, and 
(C) in clause (i), by striking ‘‘qualified cur-
rent retiree health liability’’ and inserting 
‘‘qualified current retiree liability’’. 
(7) The heading for subsection (f) of section 
420 of such Code is amended by striking ‘‘HEALTH’’ 
each place it occurs. 
(8) Subclause (II) of section 420(f)(2)(B)(ii) of 
such Code is amended by inserting ‘‘or applicable 
life insurance account, as the case may be,’’ after 
‘‘health benefits account’’. 
(9) Subclause (III) of section 420(f)(2)(E)(i) of 
such Code is amended— 
VerDate Mar 15 2010 
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